HomeMy WebLinkAboutReso2320 2230 N Tustin AveResolution No. 2023-20
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RESOLUTION NO. 2023-20
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA
ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Fred Cohen with CJC Design, Inc., on behalf of Farz, Inc. (Applicant) and
Heinecke Gould Properties, LLC (Property Owner), is requesting approval
of modification to Conditional Use Permit (CUP) No. 2019-41 to facilitate the
construction of a new service station and convenience store located at 2230
North Tustin Avenue.
B. Applicant is also requesting approval of Conditional Use Permit (CUP) No.
2023-03, to allow a land use that requires a regional, state, or federal permit
to handle, store, emit or discharge regulated compounds, materials,
chemicals, or substances within 500 linear feet of a public park, school (k-
12) or residential zones in the Arterial Commercial (C5) zoning district at
2230 North Tustin Avenue.
C. Santa Ana Municipal Code (“SAMC”) Section 41-424.5(f) requires approval
of a CUP for service stations within the Arterial Commercial (C5) zoning
district.
D. Santa Ana Municipal Code (“SAMC”) Section 41-199.4(a) requires a
conditional use permit for any use that requires a permit from a regional,
state, or federal agency to handle, store, emit or discharge regulated
compounds, materials, chemicals, or substances that is located within 500
linear feet of a public park, school (K-12) as defined in section 11362.768
of the Health and Safety Code, or property used or zoned for residential
purposes.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA DENYING
MODIFICATION TO CONDITIONAL USE PERMIT
NO. 2019-41 TO ALLOW THE CONSTRUCTION OF
A SERVICE STATION, AND DENYING
CONDITIONAL USE PERMIT NO. 2023-03 FOR A
LAND USE THAT REQUIRES A REGIONAL, STATE,
OR FEDERAL PERMIT TO HANDLE, STORE, EMIT
OR DISCHARGE REGULATED COMPOUNDS,
MATERIALS, CHEMICALS, OR SUBSTANCES
WITHIN 500 LINEAR FEET OF A PUBLIC PARK,
SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE
ARTERIAL COMMERCIAL (C5) ZONING DISTRICT,
FOR THE PROPERTY LOCATED AT 2230 NORTH
TUSTIN AVENUE
Resolution No. 2023-20
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E. On May 26, 2020, the City of Santa Ana Planning Commission held a public
hearing for the proposal of a new service station on the subject site. The
Planning Commission unanimously approved CUP No. 2019-41 and
Variance No. 2019-05 to allow the construction of a new service station on
the subject site.
F. On December 20, 2022, the City Council adopted an ordinance to require
businesses requiring a regional, state, or federal permit to handle, store,
emit or discharge regulated compounds, materials, chemicals, or
substances within 500 linear feet of a public park, school (K-12), or
residential zones to obtain a CUP (Ordinance No. NS-3038).
G. On June 20, 2023, the City Council adopted an ordinance amending various
sections of Chapter 41 (Zoning) of the SAMC, which include Section 41-
199.4 Noxious uses, to expand the distance measured from subject
properties to the closest point of any public park, school, or property used
or zoned for residential purposes from 500 linear feet to 1,000 (Ordinance
No. NS-3044).
H. The applicant is proposing modifications to the original CUP 2019-41
entitlement to allow construction of a new single-story, 2,150-square-foot
commercial building, containing a convenience store, as well as a 2,880-
square-foot fueling canopy with six fueling stations. Based on the date on
the application, the project is subject to Ordinance No. NS-3038 and subject
to a 500 linear foot separation requirement instead of 1,000 linear feet.
I. Pursuant to SAMC Section 41-638, the Planning Commission is authorized
to review and approve both CUPs for this project as set forth by the SAMC.
J. On June 26, 2023, the Planning Commission held a duly noticed public
hearing for modification to CUP No. 2019-41 and CUP No. 2023-03.
K. At the public hearing, the Planning Commission received a report and staff
presentation, as well as public comments, for modification to CUP No. 2019-
41 and CUP No. 2023-03. During the public hearing, representatives of the
adjacent property at 2112 East Santa Clara Avenue, as well as community
members consisting of residents, representatives and parents of children
attending the neighboring child-care facility, spoke in opposition of the
project. The comments in opposition were regarding concerns about the
potential environmental and operational impacts of the new service station
on the surrounding area.
L. After receiving a staff presentation and public comments regarding the
changes to the project, the Planning Commission voted to adopt a resolution
denying modification to CUP No. 2019-41 and CUP No. 2023-03, providing
two findings for denial pursuant to SAMC Section 41-638. The proposed
motion passed with five votes in favor and two against.
Resolution No. 2023-20
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M. Staff prepared a resolution for denial of modification to CUP No. 2019-41
and CUP No. 2023-03 for consideration by the Planning Commission on the
consent calendar of the regularly scheduled August 28, 2023 meeting to
affirm the action to deny the subject applications, which took place on June
26, 2023.
N. The Planning Commission determines that the following findings, which
must be established in order to grant this CUP pursuant to SAMC Sections
41-638 and 41-645, cannot be established for modification to CUP No.
2019-41 to allow the construction of a new service station and CUP No.
2023-03 to allow a land use that requires a regional, state, or federal permit
to handle, store, emit or discharge regulated compounds, materials,
chemicals, or substances within 500 linear feet of a public park, school (k-
12), or residential zone, at 2230 North Tustin Avenue in the C5 zoning
district:
1. That the proposed use will be detrimental to the health, safety, or
general welfare of persons residing or working in the vicinity.
The proposed project will be detrimental to the health, safety, or
general welfare of persons residing or working in the vicinity.
The location of the proposed service station is within the vicinity
of an existing child-care facility and a residential neighborhood.
The proposed use will introduce potential health impacts to
occupants and owners of surrounding properties, including staff
and children of the adjacent child care facility. As part of the
proposal, potential impacts onto surrounding properties,
including the adjacent child care facility, from health risks, air
quality, and noise were not addressed or evaluated to the
satisfaction of the Planning Commission, and the proposed
project modification does not contribute to enhancement that
addresses these topics.
These findings support several goals and policies outlined in the
General Plan. Goal 1 of the Conservation Element (“CN”)
supports the protection of air resources, improve regional and
local air quality, and minimize the impacts of climate change.
The proposed project will not improve local air quality as the
regular operations of a service station are associated with the
management of hazardous substances. Policy 1.5 of the
Conservation Element encourages the study of impacts of
stationary and non-stationary emission sources on existing
and proposed sensitive uses and opportunities to minimize
health and safety risks as well as developing and adopting
new regulations avoiding the siting of facilities that potentially
emit increased pollution near sensitive receptors within
environmental justice area boundaries. The proposed project
does not minimize health and safety risks that can contribute
Resolution No. 2023-20
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to increased pollution near sensitive receptors. As stated
earlier, as part of the proposal, potential impacts onto
surrounding properties, including the adjacent child care facility,
from health risks, air quality, and noise were not addressed or
evaluated to the satisfaction of the Planning Commission.
Goal 2 of the Safety Element (“S”) supports the protection of
residents and environmental resources from contaminated
hazardous material sites and minimize risks associated with
the use, production, storage, transport, and disposal of
hazardous materials. Policy 2.6 of the Safety Element
supports the determination of the presence of hazardous
materials and/or waste contamination prior to approval of new
uses and require appropriate measures be taken to protect
the health and safety of site users and the community. The
proposed project will not take appropriate measures to protect
the health and safety of the surrounding community. The
project, including the proposed reconfiguration of the site, fails
to contribute to a stronger protection of local air quality,
minimizes environmental impacts associated with the
business, and will be detrimental to the existing community.
2. That the proposed use will adversely affect the present economic
stability or future economic development of properties surrounding the
area.
The service station will adversely affect the economic stability
or future economic development of properties in the
surrounding area. The existence of a service station near a
child-care facility, including secondary impacts resulting from
fueling operations, fuel deliveries, and convenience store
deliveries, will create noise and vibration impacts on
surrounding properties, including the adjacent child care
facility therefore negatively impacting business operations of
the adjacent properties.
These findings support several goals and policies outlined in
the General Plan. Goal 1 of the Land Use Element (“LU”)
encourages a land use plan that improves quality of life and
respects our existing community. Policy 1.1 supports the
compatibility between land uses to enhance livability and
promote healthy lifestyles. The proposed project land use is
not compatible with the surrounding community. Goal 2 of the
Land Use Element encourages a balance of land uses that
meet Santa Ana’s diverse needs. Policy 2.2 of the Land Use
Element encourages a range of commercial uses to capture a
greater share of local spending and offer a range of
employment opportunities. The proposed project is located
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near four other service stations within a half-mile area and will
contribute to an overconcentration of the service stations in
the area. Policy 2.7 of the Land Use Element supports land
use decisions that encourage the creation, development, and
retention of business in Santa Ana. The proposed project will
contribute negatively to a neighboring existing business.
Policy 3.7 of the Land Use Element promotes a clean, safe,
and creative environment for Santa Ana’s residents, workers,
and visitors. The proposed project may also contribute to the
increase in presence of the unhoused population in the area
and near a child care facility as well as residences.
Goal 4 of the Mobility Element (“M”) coordinates
transportation planning efforts with land use and design
strategies that encourage sustainable development and
achieve broader community goals. Policy 4.9 of the Mobility
Element supports the utilization of land use, building, site
planning, and technology solutions to mitigate exposure to
transportation-related air pollution, especially in
environmental justice focus areas. The proposed project will
contribute to the increase in vehicular traffic in the area and
negatively affect the surrounding businesses.
Section 2. The Applicant shall indemnify, protect, defend and hold the City
and/or any of its officials, officers, employees, agents, departments, agencies, authorized
volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
lawsuits, writs of mandamus, referendum, and other proceedings (whether legal,
equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
resolution procedures (including, but not limited to arbitrations, mediations, and such
other procedures), judgments, orders, and decisions (collectively “Actions”), brought
against the City and/or any of its officials, officers, employees, agents, departments,
agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
aside, void, or annul, any action of, or any permit or approval issued by the City and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City) for or
concerning the project, whether such Actions are brought under the Ralph M. Brown Act,
California Environmental Quality Act, the Planning and Zoning Law, Code of Civil
Procedure sections 1085 or 1094.5, or any other federal, state or local constitution,
statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent
jurisdiction. It is expressly agreed that the City shall have the right to approve the legal
counsel providing the City’s defense, and that Applicant shall reimburse the City for any
costs and expenses directly and necessarily incurred by the City in the course of the
defense. City shall promptly notify the Applicant of any Action brought and City shall
cooperate with Applicant in the defense of the Action.
Section 3. The Planning Commission of the City of Santa Ana, after conducting
the public hearing on June 26, 2023, hereby denies modification to CUP No. 2019-41,
and denies CUP No. 2023-03.
Resolution No. 2023-20
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ADOPTED this 26th day of June 2023 by the following vote.
AYES: Commissioners: Carl Benninger, Manuel J. Escamila, Christopher
Leo, Jennifer Oliva, Bao Pham, Isuri Ramos, Alan
Woo (7)
NOES: Commissioners: (0)
ABSENT: Commissioners: (0)
ABSTENTIONS: Commissioners: (0)
_______________________
Bao Pham
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
John M. Funk
Chief Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2023-20 to be the original resolution adopted by the Planning Commission
of the City of Santa Ana on June 26, 2023.
Date: ________________ ____________________________________
Nuvia Ocampo
Recording Secretary
9/26/2023