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 5 south (Tustin Avenue and 17th Street). A third service station is located in the City of Tustin, adjacent to the State Route 55 freeway, approximately 0.58-miles to the southeast. The proposed use complies with the regulations and conditions in Chapter 41 including building heights, yards, parking and landscaping. Conditions of approval have been added to ensure the operations do not negatively affect any surrounding uses and to require a property maintenance agreement be recorded against the property, which will ensure that the property and all improvements are properly maintained. Additionally, the development will also meet sustainability measures pursuant to the California Green Code, such as providing solar photovoltaic panels on the roof and electric vehicle charging stations. Finally, the applicant is not proposing to operate past 12:00 a.m. (midnight) in order to prevent any noise impacts to the sensitive residential land uses. Conditional Use Permit for Noxious Uses In response to community concerns related to environmental pollution and the proximity of certain industrial uses in relation to homes, schools, parks, the City has adopted environmental justice policies and actions in its General Plan to amend use regulations and development standards. On December 20, 2022, the City Council adopted an Urgency Ordinance establishing Section 41-199.4 of the SAMC to require a conditional use permit for certain land uses of an industrial nature near sensitive land uses. Pursuant to Section 41-199.4(a), land uses requiring a permit from 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 residences are subject to approval of a CUP, which has since been amended to specify applicability to noxious uses within 1,000 feet of these sensitive land uses. The applicant's request for a CUP for a noxious use will not pose a significant environmental risk to the surrounding sensitive land use areas. As part of the project's analyses pursuant to SAMC Section 41-199.4, the City evaluated key topics, including toxic or noxious fumes; hazardous discharges; glare; electromagnetic disturbances; radiation; smoke; cinders; odors; dust or waste; undue noise or vibration; or other objectionable features that are detrimental to the public health, safety or general welfare, or that are damaging to the physical environment, neighborhood or community. The project site modifications consist of relocating the fuel pumps away from the adjacent property ensuring a larger buffer between the neighboring kindergarten and the fueling stations, relocation the convenience store towards the southwestern end of the site, further acting as a physical buffer between the fuel pumps and the adjacent kindergarten, as well as relocating the fuel tanks from the southwestern end towards the northeastern end of the site, reducing the impacts from the standard sources of emissions at service stations (i.e., service station infrastructure and vehicles visiting service stations). 6/26/2023 Planning Commission 1-5