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