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LS 10.15.19 <br />RESOLUTION NO. 2019-099 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA DENYING APPEAL APPLICATION NO. 2019- <br />03 AND UPHOLDING THE DETERMINATION OF THE <br />PLANNING COMMISSION TO APPROVE CONDITIONAL <br />USE PERMIT NO. 2019-30 TO ALLOW A CAR WASH AT <br />301 NORTH TUSTIN AVENUE, AMENDMENT TO <br />VARIANCE NO. 2018-10 TO ALLOW A REDUCED FRONT <br />YARD AT 301 NORTH TUSTIN AVENUE, CONDITIONAL <br />USE PERMIT NO. 2019-31 TO ALLOW THE 24 HOUR <br />OPERATION OF A CONVENIENCE STORE AT 325 <br />NORTH TUSTIN AVENUE AND ENVIRONMENTAL <br />REVIEW NO. 2019-69 <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. On September 9, 2019, the Planning Commission held a public hearing as <br />required by law on Conditional Use Permit (CUP) No. 2019-30 to allow a car <br />wash at 301 North Tustin Avenue and amendment to Variance No. 2018-10 <br />to a reduced front yard at 301 North Tustin Avenue and Conditional Use <br />Permit No. 2019-31 to allow a convenience store to operate 24 hours a day at <br />325 North Tustin Avenue. After listening to public testimony and <br />consideration of the facts, the Planning Commission approved CUP No. <br />2019-30, amendment to Variance No. 2018-10, CUP No. 2019-31 and <br />Environmental Review No. 2019-69 by a vote of 4:0 with one absence. <br />B. On September 19, 2019, Kara Grant on behalf of William and Karina Conklin <br />("the Conklins"), submitted an appeal to the City requesting that the City <br />Council reconsider the Planning Commission's decision and deny CUP No. <br />2019-30, amendment to Variance No. 2018-10, CUP No. 2019-31, and <br />Environmental Review No. 2019-69 based on four reasons: <br />I. The Commission failed to satisfy the five required criteria for granting <br />conditional use permits set forth in Santa Ana Municipal Code (SAMC) <br />Section 41-638 and thus should not have granted Conditional Use <br />Permit No. 2019-30. <br />Il. The Commission failed to perform review of the Car Wash Project's <br />environmental impacts under the California Environmental Quality <br />Act (CEQA) because it erroneously determined that the Project <br />Resolution No. 2019-099 <br />Page 1 of 8 <br />