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RESOLUTION NO. 2023-XXX <br />A RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA DENYING APPEAL NO. 2023- <br />06 AND UPHOLDING THE DETERMINATION OF <br />THE PLANNING COMMISSION TO DENY A <br />MODIFICATION TO CONDITIONAL USE PERMIT <br />NO. 2019-41 TO ALLOW THE CONSTRUCTION OF <br />A SERVICE STATION, AND TO DENY <br />CONDITIONAL USE PERMIT NO. 2023-03 FOR A <br />LAND USE THAT REQUIRES A REGIONAL, STATE, <br />OR FEDERAL PERMIT TO HANDLE, STORE, EMIT <br />OR DISCHARGE REGULATED COMPOUNDS, <br />MATERIALS, CHEMICALS, OR SUBSTANCES <br />WITHIN 500 LINEAR FEET OF A PUBLIC PARK, <br />SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE <br />ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, <br />FOR THE PROPERTY LOCATED AT 2230 NORTH <br />TUSTIN AVENUE <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />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 modification to Conditional Use Permit (CUP) No. 2019-41 to facilitate the <br />construction of a new service station and convenience store located at 2230 <br />North Tustin Avenue. <br />B. Applicant is also requesting approval of Conditional Use Permit (CUP) No. <br />2023-03, to allow a land use that requires a regional, state, or federal permit <br />to handle, store, emit or discharge regulated compounds, materials, <br />chemicals, or substances within 500 linear feet of a public park, school (k- <br />12) or residential zones in the Arterial Commercial (C5) zoning district at <br />2230 North Tustin Avenue. <br />C. 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 />D. SAMC Section 41-199.4(a) requires a conditional use permit for any use <br />that requires a permit from a regional, state, or federal agency to handle, <br />store, emit or discharge regulated compounds, materials, chemicals, or <br />substances that is located within 500 linear feet of a public park, school (K- <br />Resolution No. 2023-XXX <br />Page 1 of 7 <br />