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C. On December 4, 2018, after a second reading, the City Council of the City of <br />Santa Ana adopted Ordinance No. NS-2960; <br />D. Planning Commission Resolution Nos. 2018-28, 2018-35, and City Council <br />Resolution Nos. 2018-081, 2018-082, and Ordinance No. NS-2960 shall be <br />collectively referred to as the "2018 Approvals"; <br />E. On September 9, 2019, the Planning Commission of the City of Santa Ana <br />- took the following -actions with -regard -to -the -property -located -at 301-and 325 <br />N. Tustin Avenue (the "2019 Project'): <br />1. Adopted Resolution No. 2019-35, approving Conditional Use Permit <br />No. 2019-30 to allow a car wash; <br />2. Adopted Resolution No. 2019-36, approving an amendment to <br />Variance No. 2018-10; <br />3. Adopted Resolution No. 2019-37, approving Conditional Use Permit <br />No. 2019-31 to allow 24-hour operations of a retail store. <br />4. The City determined that the 2019 Project was eligible for a CEQA <br />Class 32 In -fill Development Exemption. <br />F. On October 15, 2019, the City Council upheld the Planning Commission's <br />adoption of Resolution Nos. 2019-35, 2019-36, 2019-37, the City's CEQA <br />Class 32 In -fill Development Exemption, and further determined that the 2019 <br />Project was eligible for a CEQA Class 3 New Construction or Conversion of <br />Small Structure Exemption after a duly noticed de novo public hearing on <br />Appeal Application 2019-03, by City Council Resolution No. 2019-099. <br />G. Planning Commission Resolution Nos. 2019-35, 2019-36, 2019-37, City <br />Council Resolution No. 2019-099, and the City's CEQA Class 32 In -fill <br />Development and Class 3 New Construction or Conversion of Small Structure <br />Exemptions shall be collectively referred to as the "2019 Approvals"; <br />H. By letter addressed to the City Council dated August 31, 2020 (Exhibit A <br />attached hereto), the applicant for the 2019 Project, The Russell Fischer <br />Partnership LP ("RF"), has chosen to not move forward with the development <br />of the 2019 Project; <br />I. Due to dramatic changes in the economy caused by the COVID-19 pandemic, <br />RF sales and profits have substantially decreased, with little money coming in <br />while RF still incurred and paid all business expenses, including employee <br />wages. Therefore, RF has requested the City Council to rescind the 2019 <br />Approvals because the 2019 Project is no longer financially feasible. <br />Resolution No. 2020-092 <br />Page 2 of 4 <br />