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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CUP No. 2019-41-MOD-1 & CUP No. 2023-03 — Tustin Avenue Service Station June 26, 2023 Page 4 Project Analysis CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. Modification of Conditional Use Permit for Service Station Use The applicant is requesting approval of a CUP to allow the operation of a service station. The C5 zoning district allows for a range of commercial uses complementary to arterial roadways such as Tustin Avenue. Service stations in the C5 zoning district require approval of a CUP to ensure high -quality design and site planning that will not disrupt circulation and development patterns along such arterial roadways. The CUP also provides a means to ensure high -quality operations, site circulation, and to mitigate impacts on sensitive neighboring uses. Additionally, the SAMC requires specific standards for service stations, which are listed under Section 41-374. The City has reviewed the proposal to develop the site with a service station and has determined the project meets all SAMC development standards and Citywide Design Guidelines. The proposed site plan relocates the location of the approved fuel canopy from the southwestern end of the site to the northeastern end of the site near the intersection of Tustin Avenue and Santa Clara Street. The relocation of the fuel canopy increases the buffer between the project site and the adjacent school use to the west. The convenience store is proposed to be relocated from the northeastern end of the property to the south western end, adjacent to the western side property line. The convenience store and fuel canopy have been redesigned with high -quality architecture utilizing a combination of exterior materials and treatments. Architectural treatments such as stone & wood veneers, score lines, roof cornices, and decorative overhangs have been included in the overall design. This design is aesthetically harmonious and will be a complementary to the architecture of the surrounding developments. The relocation of the fuel canopy and convenience store will not create a negative visual impact onto surrounding properties. Moreover, any impacts stemming from operation of the service station, such as lighting and noise, will be addressed by the conditions of approval recommended for the project. The applicant's request for a CUP to allow a service station and convenience store will provide an added amenity to the property, for the employees who work in the vicinity and for the residents who live in the general area. In addition, the new use will activate the street corner and generate property and sales tax revenue for the City. The project will redevelop a vacant lot with a new building and enhanced landscaping, which will contribute to the overall aesthetics of the area. This will benefit the community by allowing the construction of an additional service use and retail building on a vacant lot that will provide additional conveniences for residents, visitors, and employees in the vicinity. For context, the two nearest service stations in Santa Ana are located approximately 0.45- miles to the north (Fairhaven and Tustin avenues) and approximately 0.45-miles to the 6/26/2023 Planning Commission 1-4