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Alcala, Abigail From: Mike Ayaz < Sent: Tuesday, October 3, 2023 2:55 PM To: eComment Cc: Cruz, Yesenia; Pezeshkpour, Ali; Gomez, Pedro; Santana, Cristian; Karen Adraneda Subject: Appeal Application No. 2023-06 2230 N. Tustin Avenue Attachments: Exhibit 1 - CUP No. 2019-41-MOD-1 Resolution Draft - Final.pdf, Exhibit 2 - CUP No. 2023-3-NOX Resolution - Draft.pdf Honorable City Council: While previously provided to staff, we are attaching the only version of conditions that would allow, if approved, the proposed gas station to operate. The conditions previously placed resolution of approval prepared by staff must be completely removed/deleted or would be paramount to an outright denial as inclusions would make operations impossible. This was confirmed through further deliberation and communications with the refineries and suppliers, who were provided the specific conditions at issue and who confirmed that such conditions be completely eradicated from any approval and/or resolution as inclusion would make it impossible to operate the proposed use. We cannot dictate nor will refineries or suppliers agree to deliver gasoline within a specified time window as it would be both practically and logistically impossible. Other than the conditions which are redlined and deleted in the attached, the appellant agrees to all other conditions. Again, any condition that will require delivery of gas or other goods to be within a specified a and limited time frame shall render operations impossible and thus inclusion of the same would be the paramount and treated as if the project was denied. Please print copies of this email and the attached modified conditions supplied by the appellant for City Council members to include in their file and review prior to tonight's hearing. Very truly yours, F. Michael Ayaz bBLAKE G AYAZ 2107 N. Broadway, Suite 106 I Santa Ana, California 92706 P: I F: E: SERVICE OF PROCESS OR DOCUMENTS: Notice is hereby given that the transmittal of legal or other documents via email is not recognized as proper or legal service unless there is prior written approval. CONFIDENTIALITYNOTICE: This e-mail (including any attachments) is intended for the sole use of the individual or entity to whom it is addressed and may contain information that is private, confidential, or protected by attorney -client or other privilege. Any dissemination, distribution, copying, or taking of any action in reliance on the contents of this transmission, by someone other than the intended addressee or its authorized agent is strictly prohibited. If you received this e-mail in error, please delete it from your system without copying it and notify Blake & Ayaz, A Law Corporation, by reply e-mail, or telephone at (714) 667-7171 so that our records can be corrected. Thank you.