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passed with five votes in favor and two against (Ayes: Commissioners <br />Escamilla, Oliva, Woo, Pham, Ramos, Noes: Leo, Benninger). <br />M. On July 6, 2023, Michael Ayaz (Appellant) on behalf of Farz, Inc. & Fred <br />Cohen (Applicant), filed Appeal (APPL) No. 2023-06 for modification to CUP <br />No. 2019-41 and CUP No. 2023-03. Pursuant to SAMC Section 41-645, the <br />City Council is authorized to review appeals of Planning Commission <br />decisions and may, after holding a public hearing, affirm, reverse, change, <br />modify the original decision and may make any additional determination it <br />shall consider appropriate within the limitations imposed by Chapter 41 of <br />the SAMC. To support the City's recommendation to deny the appeal <br />applications and uphold the Planning Commission's denial of modification <br />to CUP No. 2019-41 and CUP No. 2023-03, the City prepared a response <br />to the comments contained within both appeals, attached to the Request for <br />Council Action (RFCA) staff report, dated October 3, 2023, contained within <br />the report and attached thereto as Exhibit 8. <br />N. Staff prepared a resolution for denial of modification to CUP No. 2019-41 <br />and CUP No. 2023-03 for consideration by the Planning Commission on the <br />consent calendar of the regularly scheduled August 28, 2023 meeting to <br />affirm the action to deny the subject applications, which took place on June <br />26, 2023. <br />O. On October 3, 2023, the City Council held a duly -noticed public hearing on <br />Appeal No. 2023-06 for modification to CUP No. 2019-41 and CUP No. <br />2023-03. <br />P. The City Council of the City of Santa Ana has considered the information <br />and determines that the following findings, which must be established in <br />order to grant a modification to CUP No. 2019-41 to allow the construction <br />of a new service station and CUP No. 2023-03 to allow a land use that <br />requires a regional, state, or federal permit to handle, store, emit or <br />discharge regulated compounds, materials, chemicals, or substances within <br />500 linear feet of a public park, school (k-12), or residential zone, at 2230 <br />North Tustin Avenue in the C5 zoning district: <br />That the proposed use will provide a service or facility which will <br />contribute to the general well being of the neighborhood or community. <br />The proposed service station and convenience store will <br />provide a service to persons that are working or residing in the <br />area. The project will redevelop a vacant lot with a new building <br />and enhanced landscaping, which will contribute to the overall <br />aesthetics of the area. This will benefit the community by <br />allowing the construction of an additional service use and retail <br />building on a vacant lot that will provide additional conveniences <br />for residents, visitors, and employees in the vicinity. For context, <br />the two nearest service stations in Santa Ana are located <br />approximately 0.45-miles to the north (Fairhaven and Tustin <br />Resolution No. 2023-XXX <br />Page 3 of 15 <br />