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RESOLUTION NO. 2023-XXX <br />A RESOLUTION OF THE PLANNING COMMISSION <br />OF THE CITY OF SANTA ANA APPROVING A <br />MODIFICATION TO CONDITIONAL USE PERMIT <br />NO. 2019-19 (NO. 2019-41-MOD-1) AS <br />CONDITIONED TO ALLOW THE CONSTRUCTION <br />OF A SERVICE STATION IN THE ARTERIAL <br />COMMERCIAL (C5) ZONING DISTRICT FOR THE <br />PROPERTY LOCATED AT 2230 NORTH TUSTIN <br />AVENUE <br />BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA <br />ANA AS FOLLOWS: <br />Section 1. The Planning Commission of the City of Santa Ana hereby finds, <br />determines and declares as follows: <br />A. Fred Cohen with CJC Design, Inc., on behalf of Farz, Inc. (Applicant) and <br />Heinecke Gould Properties, LLC (Property Owner), is requesting approval <br />of Conditional Use Permit (CUP) Modification to facilitate the construction of <br />a new service station and convenience store located at 2230 North Tustin <br />Avenue. <br />B. Santa Ana Municipal Code ("SAMC") Section 41-424.5(f) requires approval <br />of a CUP for service stations within the Arterial Commercial (C5) zoning <br />district. <br />C. On May 26, 2020, the City of Santa Ana Planning Commission held a public <br />hearing for the proposal of a new service station on the subject site. The <br />Planning Commission unanimously approved CUP No. 2019-41 and <br />Variance No. 2019-05 to allow the construction of a new service station on <br />the subject site. <br />D. The applicant is proposing modifications to the original CUP 2019-41 <br />entitlement to allow construction of a new single -story, 2,150-square-foot <br />commercial building, containing a convenience store, as well as a 2,880- <br />square-foot fueling canopy with six fueling stations. <br />E. Pursuant to SAMC Section 41-638, the Planning Commission is authorized <br />to review and approve the CUP for this project as set forth by the SAMC. <br />F. On June 26, 2023, the Planning Commission held a duly noticed public <br />hearing for CUP No. 2019-41-MOD-1. <br />G. The Planning Commission of the City of Santa Ana has considered the <br />information and determines that the following findings, which must be <br />Resolution No. 2023-XXX <br />Page 1 of 11 <br />