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53. Public Hearing: Zoning Ordinance Amendment (ZOA) No. 2023-01: Amendments to Various Sections of Chapter 41 of the Santa Ana Municipal Code (SAMC) Related to Increasing the Conditional Use Permit (CUP) Separation Requirement of Noxious Uses from Sensitive Receptors, Update Massage Establishment Regulations, Establish a CUP Suspension Process, and Other Edits to Address Internal Inconsistencies. Legal notice published in the Orange County Reporter on May 24, 2023. Department(s): Planning and Building Agency Recommended Action: Approve first reading of an ordinance approving Zoning Ordinance Amendment No. 2023-01 to amend various sections of Chapter 41 (Zoning) of the SAMC. ORDINANCE NO. NS-XXXX ZONING ORDINANCE AMENDMENT NO. 2023-01 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING VARIOUS SECTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO NOXIOUS USES, MASSAGE ESTABLISHMENTS, AND RELATED CONFORMING CLARIFYING EDITS; ADDING A SECTION RELATED TO SUSPENSION OF CONDITIONAL USE PERMITS, VARIANCES, AND MINOR EXCEPTIONS; AND MAKING OTHER NON - SUBSTANTIAL EDITS TO ADDRESS EXISTING INTERNAL INCONSISTENCIES (includes determination that this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project," as defined in Section 15378 of the CEQA Guidelines). 54. Public Hearing: City Council De Novo Review of Planning Commission Decision Regarding Conditional Use Permit No. 2023-09 — Mariscos Hector ABC License Legal notice published in the Orange County Reporter on May 24, 2023 and notices mailed on said date. Department(s): Planning and Building Agency Recommended Action: It is recommended that the City Council take the following actions: 1. Conduct a De Novo review of the Planning Commission's approval of Conditional Use Permit No. 2023-09 for consistency with the General Plan and compliance with the Zoning Ordinance, and consider any concerns raised by the City Council, the public, and interested parties regarding the project; and 2. Based on the De Novo review, the City Council may choose to uphold or modify the Planning Commission's approval, make the appropriate findings to deny the Conditional Use Permit and direct staff to prepare a resolution for adoption, or refer the Conditional Use Permit back the Planning Commission for reconsideration and analysis of the issues raised by the City Page 23 6/6/2023