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Planning and Building Agency <br />www.santa-ana.org/planning-and-building <br />Item # {{item. number}} <br />z, City of Santa Ana <br />20 Civic Center Plaza, Santa Ana, CA 92701 <br />City Council Staff Report <br />October 3, 2023 <br />Topic: Appeal No. 2023-06 appealing Planning Commission denial of modification to <br />CUP No. 2019-41 and CUP No. 2023-03 — New Service Station at 2230 N Tustin <br />Avenue <br />AGENDA TITLE <br />Appeal Application No. 2023-06 Appealing the Decision of the Planning Commission to <br />Deny Modification to Conditional Use Permit (CUP) No. 2019-41 and CUP No. 2023-03 <br />for a New Service Station at 2230 N. Tustin Avenue <br />RECOMMENDED ACTION <br />After conducting its public hearing on the item, the City Council may take one of the <br />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 />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 as <br />conditioned. <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 />GOVERNMENT CODE 484308 APPLIES: Yes <br />EXECUTIVE SUMMARY <br />Fred Cohen with CJC Design, Inc., on behalf of Farz, Inc. (Applicant) and Heinecke <br />Gould Properties, LLC (Property Owner), is requesting approval of a Conditional Use <br />Permit (CUP) modification and a new CUP to facilitate construction of a new service <br />station and convenience store located at 2230 N. Tustin Avenue. The applicant is <br />requesting a CUP Modification pursuant to Section 41-424.5 (f) of the Santa Ana <br />Municipal Code (SAMC) to allow a service station in the Arterial Commercial (C5) <br />zoning district and a Conditional Use Permit pursuant to Section 41-199.4 (a) to allow <br />the operation of a land use that requires a permit from a regional, state, or federal <br />agency to handle, store, emit, or discharge regulated compounds, materials, chemicals, <br />or substances located within 500 linear feet of a public park, school (K-12) or property <br />