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MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET <br />OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE <br />ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY <br />LOCATED AT 2230 NORTH TUSTIN AVENUE (includes determination that <br />this project is exempt from further review pursuant to the California <br />Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA <br />Guidelines (Class 3 — New Construction or Conversion of Small Structures) as <br />Notice of Exemption, Environmental Review No. 2017-83, will be filed for this <br />project) <br />OR <br />3. Adopt a resolution approving Appeal Application No. 2023-06 overturning the <br />determination of the Planning Commission, thereby approving Conditional Use <br />Permit No. 2019-41 and Conditional Use Permit No. 2023-03 with modified <br />conditions of approval. <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 />MATERIALS, CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET <br />OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE <br />ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY <br />LOCATED AT 2230 NORTH TUSTIN AVENUE (includes determination that <br />this project is exempt from further review pursuant to the California <br />Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA <br />Guidelines (Class 3 — New Construction or Conversion of Small Structures) as <br />Notice of Exemption, Environmental Review No. 2017-83, will be filed for this <br />project) <br />18. Appeal Application Nos. 2023-02 and 2023-03, appealing the decision of the <br />Planning Commission to approve Site Plan Review (SPR) No. 2023-01 and Tentative <br />Tract Map (TTM) No. 2023-03 (County Map No. 19243) to facilitate the construction of <br />a mixed -use development known as Cabrillo Town Center at 1901 and 1971 East <br />Fourth Street and 515 and 525 North Cabrillo Park Drive (collectively 1901 East <br />Fourth Street) <br />Legal notice published in the Orange County Reporter on September 22, 2023 and <br />said notice mailed on September 21, 2023. <br />Department(s): Planning and Building Agency <br />Recommended Action: Adopt a resolution denying Appeal Application Nos. 2023- <br />02 and 2023-03 and upholding the Planning Commission's approval of two <br />Page 15 10/3/2023 <br />