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2230 N Tustin Avenue <br />Item #17 <br />Planning and Building Agency <br />October 3, 2023 <br />Slide 2 <br />Appeal of Planning Commission Decision <br />Application: Appeal No. 2023-06 appealing Conditional Use Permit (CUP) No. 2019-41-MOD-1 & CUP No. 2023-03 <br />Address & Council Ward: 2230 N. Tustin Avenue, Ward 3 <br />Description: Michael Ayaz on behalf of Fred Cohen (Applicant & Appellant) representing Heinecke Gould Properties <br />LLC (Property Owner), filed Appeal No. 2023-06; pertaining to the Planning Commission’s denial of the request to <br />modify Conditional Use Permit (CUP) No. 2019-41 to construct a new service station with a 2,880 square foot canopy <br />and a 2,150 square foot mini-mart. A second CUP is required for businesses requiring a regional, state, or federal <br />permit to discharge, handle, emit, or store regulated compounds, materials, or substances and located within 500 feet <br />of a school, park, or residence. <br />Recommendation(s):It is recommended that the City Council take the following actions: <br />1.Adopt a resolution denying Appeal Application No. 2023-06 and upholding the determination of the Planning Commission to deny modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 (Action 1). <br />2.Adopt a resolution approving Appeal Application No. 2023-06 overturning the determination of the Planning Commission, thereby approving modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 as conditioned (Action 2) –original staff recommendation to Planning Commission. <br />3.Adopt a resolution approving Appeal Application No. 2023-06 overturning the determination of the Planning Commission, thereby approving Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 with modified conditions of approval (Action 3).