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Home My WebLink AboutPresentation - #172230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 1 2230 N Tustin Avenue 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 2 Appeal of Planning Commission Decision Application: Appeal No. 2023-06 appealing Conditional Use Permit (CUP) No. 2019-41-MOD-1 & CUP No. 2023-03 Address & Council Ward: 2230 N. Tustin Avenue, Ward 3 Description: Michael Ayaz on behalf of Fred Cohen (Applicant & Appellant) representing Heinecke Gould Properties LLC (Property Owner), filed Appeal No. 2023-06; pertaining to the Planning Commission’s denial of the request to modify Conditional Use Permit (CUP) No. 2019-41 to construct a new service station with a 2,880 square foot canopy and a 2,150 square foot mini-mart. A second CUP is required for businesses requiring a regional, state, or federal permit to discharge, handle, emit, or store regulated compounds, materials, or substances and located within 500 feet of a school, park, or residence. Recommendation(s):It is recommended that the City Council take the following actions: 1.Adopt a resolution denying Appeal Application No. 2023-06 and upholding the determination of the Planning Commission to deny modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 (Action 1). 2.Adopt a resolution approving Appeal Application No. 2023-06 overturning the determination of the Planning Commission, thereby approving modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 as conditioned (Action 2) –original staff recommendation to Planning Commission. 3.Adopt a resolution approving Appeal Application No. 2023-06 overturning the determination of the Planning Commission, thereby approving Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 with modified conditions of approval (Action 3). 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 3 Location and Zoning •General Plan: General Commercial (GC) •Zoning: Arterial Commercial (C5) •Surrounding Land Uses: o North: Commercial Retail o East: Commercial Retail o South: Commercial Retail o West: Commercial (Childcare Facility) •Lot Size: 0.51 acres (22,240 square feet) •Building Size: 2,150 square feet •Fuel Canopy Size: 2,880 square feet Subject Site Tustin Ave. Santa Clara Ave. 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 4 Project Background •The site is currently vacant and has remained unimproved for several decades. •On May 26, 2020, the Planning Commission approved CUP No. 2019-41 and Variance No. 2019-05 to allow the construction of a new service station. •Since then, the applicant has proposed major site revisions that require the Planning Commission to revisit the approved CUP. •On December 20, 2022, the City Council adopted a Noxious Uses 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 conditional use permit. 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 5 •On June 26, 2023, the Planning commission held a public hearing for modification to CUP No. 2019-41 and CUP No. 2023-03. •The Planning Commission voted to adopt a resolution denying modification to CUP No. 2019 and CUP No. 2023-03, providing two findings for denial pursuant to SAMC Section 41-638. •On July 6, 2023, the applicant filed an appeal application APPL No. 2023-06, appealing the Planning Commission’s denial. •On the August 28, 2023, the Planning Commission adopted a resolution affirming the denial of the subject applications, which took place on June 26, 2023. Project Background (cont.) 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 6 Project Description & Operations •The installation of the underground fuel tank would require a permit from an outside agency and as such the applicant is required to apply for a second CUP under the noxious use ordinance. •Additionally, the proposed site has been reconfigured, relocating the fueling canopy from the south western end of the site to the north eastern end. The proposed mini-mart has been relocated from the northern eastern end of the site to the south western end, abutting the western property. •The fueling canopy has been increased from 2,160 square feet to 2,880 square feet. •The mini-mart has been modified to be one story and reduced from 2,600 square feet to 2,150 square feet. •Proposed hours of operation are 5:00 a.m. to 12:00 a.m. (midnight), seven days a week. •No after hours or ABC licenses are being proposed at this time. 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 7 2230 N Tustin Avenue (existing) SITE 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 8 Previously Approved Site Plan 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 9 Proposed Site Plan 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 10 Proposed Floor Plan 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 11 Elevation Plan (Mini-Mart) East Elevation West Elevation 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 12 Elevation Plan (Mini-Mart) South Elevation North Elevation 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 13 Elevation Plan (Fueling Canopy) 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 14 CUP Modification -Analysis •Pursuant to Section 41-424.5 (f) of the SAMC, service stations and automobile servicing are subject to approval of a CUP. •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. •The two nearest service stations are located approximately 0.45-miles to the north (Fairhaven and Tustin avenues) and approximately 0.45-miles to the 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. •In addition, the new use will activate the street corner, develop a vacant property on a prominent arterial, and generate property and sales tax revenue for the City. •Conditions of approval, property maintenance agreement, and standards in the Santa Ana Municipal Code (SAMC) will address any potential negative impacts. 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 15 CUP Noxious Use -Analysis •Pursuant to Section 41-199 (a.) of the SAMC, 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. •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. •The project site modifications consist of relocating the following: o The fuel pumps away from the adjacent property ensuring a larger buffer between the neighboring kindergarten and the fueling stations o The convenience store towards the southwestern end of the site, further acting as a physical buffer between the fuel pumps and the adjacent kindergarten o The fuel tanks from the southwestern end towards the northeastern end of the site 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 16 CUP Noxious Use –Analysis (Cont.) •Conditions of approval have been placed to ensure a reduction in emissions due fuel tanker truck deliveries and service station vent pipes •Applicant will also be required to conduct periodic reviews of operations to identify opportunities to upgrade or phase out older equipment •Due to the site’s location near sensitive land uses such as the adjacent child care facility and residential zones, additional conditions of approval have been included to mitigate any effects from vehicle idling, outdoor displays, onsite lighting, noise, vehicle maintenance, and the installation of temporary equipment •The service station will meet all emissions and air-quality requirements set by the California Air Resources Board (CARB) •Site is not proposed to operate past 12:00 a.m. (midnight) in order to prevent any noise impacts on the sensitive residential land uses, including both the fuel pumps and the convenience store 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 17 Planning Commission Findings The Commission determined that they were unable to make Finding No. 2, outlined in Section 41-638(a)(1)(ii) of the SAMC, that the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The Commission found that the proposed project could not definitively determine the environmental impact on the health of the surrounding community. The Commission also determined that they were unable to make Finding No. 3, outlined in Section 41-638(a)(1)(iii) of the SAMC, that the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The Commission found that the proposed project would negatively impact the economic stability and future development of adjacent properties of the surrounding area. The project would impact the 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. 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 18 CEQA and Fiscal Impact •Denial of Appeal No. 2023-06, Action 1, would result in upholding the Planning Commission’s June 26, 2023 denial of the requested entitlements, thereby resulting in no project. Therefore, there is no environmental impact associated with Action 1. •Approval of Appeal No. 2023-06, thereby resulting in approval of modification to CUP No. 2019-41 and approval of CUP No. 2023-03, Action No(s). 2 or 3, would result in approval of the project entitlements. Therefore, approval of the requested entitlements is subject to the requirements of environmental review by the California Environmental Quality Act (CEQA). •In the original analysis, staff found that pursuant to CEQA and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 –New Construction or Conversion of Small Structures). As such, a Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project if it is approved by the City Council. •There is no fiscal impact associated with this action. 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 19 Recommended Actions The City Council may take one of the following three actions: 1.Adopt a resolution denying Appeal Application No. 2023-06 and upholding the determination of the Planning Commission to deny modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 (Action 1). 2.Adopt a resolution approving Appeal Application No. 2023-06 overturning the determination of the Planning Commission, thereby approving modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 as conditioned (Action 2) –original staff recommendation to Planning Commission. 3.Adopt a resolution approving Appeal Application No. 2023-06 overturning the determination of the Planning Commission, thereby approving Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 with modified conditions of approval (Action 3). 2230 N Tustin Avenue Item #17 Planning and Building Agency October 3, 2023 Slide 20 Questions?