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**END OF BUSINESS CALENDAR** <br />PUBLIC HEARINGS <br />PUBLIC COMMENTS — Members of the public may address the City Council on each of the <br />Public Hearing items. <br />17. Appeal Application No. 2023-06 Appealing the Decision of the Planning Commission <br />to Deny Modification to Conditional Use Permit (CUP) No. 2019-41 and CUP No. <br />2023-03 for a New Service Station at 2230 N. Tustin Avenue <br />Legal Notice published in the Orange County Report on September 22, 2023 and <br />said notice mailed on September 21, 2023. <br />Department(s): Planning and Building Agency <br />Recommended Action: After conducting its public hearing on the item, the City <br />Council may take one of the following three actions: <br />1. Adopt a resolution denying Appeal Application No. 2023-06 and upholding the <br />determination of the Planning Commission to deny modification to Conditional <br />Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03. <br />RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF <br />THE CITY OF SANTA ANA DENYING APPEAL NO. 2023-06 AND <br />UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO <br />DENY A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41 TO <br />ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND TO DENY <br />CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT <br />REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE, <br />STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, <br />CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC <br />PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE ARTERIAL <br />COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT <br />2230 NORTH TUSTIN AVENUE <br />OR <br />2. Adopt a resolution approving Appeal Application No. 2023-06 overturning the <br />determination of the Planning Commission, thereby approving modification to <br />Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 <br />as conditioned. <br />RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF <br />THE CITY OF SANTA ANA APPROVING APPEAL NO. 2023-06, THEREBY <br />OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION <br />AND APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. <br />2019-41 TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND <br />APPROVING CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE <br />THAT REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO <br />HANDLE, STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, <br />Page 14 10/3/2023 <br />