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RESOLUTION NO. 2023-XXX <br />A RESOLUTION OF THE PLANNING COMMISSION OF <br />THE CITY OF SANTA ANA APPROVING CONDITIONAL <br />USE PERMIT NO. 2023-03 AS CONDITIONED TO ALLOW A <br />LAND USE THAT REQUIRES A REGIONAL, STATE, OR <br />FEDERAL PERMIT TO HANDLE, STORE, EMIT OR <br />DISCHARGE REGULATED COMPOUNDS, MATERIALS, <br />CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET <br />OF A PUBLIC PARK, SCHOOL (K-12), OR RESIDENTIAL <br />ZONE IN THE ARTERIAL COMMERCIAL (C5) ZONING <br />DISTRICT FOR THE PROPERTY LOCATED AT 2230 <br />NORTH TUSTIN AVENUE <br />BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF <br />SANTA 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) No. 2023-03 as conditioned, to allow a <br />land use that requires a regional, state, or federal permit to handle, store, <br />emit or discharge regulated compounds, materials, chemicals, or <br />substances within 500 linear feet of a public park, school (k-12) or <br />residential zones in the Arterial Commercial (C5) zoning district at 2230 <br />North Tustin Avenue. <br />B. Santa Ana Municipal Code ("SAMC") Section 41-199.4(a) requires a <br />conditional use permit for any use that requires a permit from a regional, <br />state, or federal agency to handle, store, emit or discharge regulated <br />compounds, materials, chemicals, or substances that is located within 500 <br />linear feet of a public park, school (K-12) as defined in section 11362.768 <br />of the Health and Safety Code, or property used or zoned for residential <br />purposes. <br />C. On May 26, 2020, the City of Santa Ana Planning Commission held a <br />public hearing for the proposal of a new service station on the subject site. <br />The 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. On December 20, 2022, the City Council adopted an ordinance to require <br />businesses requiring a regional, state, or federal permit to handle, store, <br />emit or discharge regulated compounds, materials, chemicals, or <br />substances within 500 linear feet of a public park, school (K-12), or <br />residential zones to obtain a conditional use permit. <br />Resolution No. 2023-XXX <br />Page 1 of 12 <br />