Item 17 - Appeal No. 2023-06 appealing Planning Commission denial of modification to CUP No. 2019-41 and CUP No. 2023-03 – New Service Station at 2230 N Tustin

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City Response to Blake & Ayaz on behalf of Fred Cohen and Farzi Inc. LLC Appeal No. 2023-06 long-term operations of the adjacent child-care facility by the impact of increased traffic congestion, management of toxic substances onsite, and increase in the presence of members of the unhoused population. Multiple General Plan goals and policies support this inability to make this finding. Modified conditions of approval that can address this inability to meet this finding may be included upon the discretion of the City Council which support consistency with goals and policies of 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 as it is adjacent to sensitive land uses such as a child-care facility and near residential uses. 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 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. Comment 2: This comment states that the Planning Commission relied on facts not supported in the record. Response 2: The Planning Commission, during the meeting, reviewed the staff report and expressed concern that report did not include information such as data -proven metrics that would indicate the proposed project would not be detrimental to the surrounding community. Moreover, several community members spoke during the public hearing, at which concerns were raised with the proposed project. Concerns regarding the station's health, economic, traffic, and safety impact on the adjacent child care facility neighborhood were discussed. Other concerns regarding overconcentration of service stations and the long-term effect of the permanent presence of the unhoused population in the area. Lastly, as part of the proposal, the applicant did not submit any studies or additional information to evaluate potential impacts onto surrounding properties, including the adjacent child care facility. Technical studies such as a health risk assessment, air quality assessment, or noise study were not provided with the application. Exhibit 8 Page 2 of 4