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RESOLUTION NO. 2023-066 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA DENYING APPEAL NO. 2023-06 AND <br />UPHOLDING THE DETERMINATION OF THE PLANNING <br />COMMISSION TO DENY A MODIFICATION TO <br />CONDITIONAL USE PERMIT NO.2019-41 TO ALLOW THE <br />CONSTRUCTION OF A SERVICE STATION, AND TO DENY <br />CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND <br />USE THAT REQUIRES A REGIONAL, STATE, OR FEDERAL <br />PERMIT TO HANDLE, STORE, EMIT OR DISCHARGE <br />REGULATED COMPOUNDS, MATERIALS, CHEMICALS, OR <br />SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC <br />PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE <br />ARTERIAL COMMERCIAL (C5) ZONING DISTRICT, FOR <br />THE PROPERTY LOCATED AT 2230 NORTH TUSTIN <br />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 of <br />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 North <br />Tustin Avenue. <br />B. Applicant is also requesting approval of Conditional Use Permit (CUP) No. 2023- <br />03, to allow a land use that requires a regional, state, or federal permit to <br />handle, store, emit or discharge regulated compounds, materials, chemicals, <br />or substances within 500 linear feet of a public park, school (k-12) or residential <br />zones in the Arterial Commercial (C5) zoning district at 2230 North Tustin <br />Avenue. <br />C. Santa Ana Municipal Code (SAMC) Section 41-424.5(f) requires approval of a <br />CUP for service stations within the Arterial Commercial (C5) zoning district. <br />D. SAMC Section 41-199.4(a) requires a conditional use permit for any use that <br />requires a permitfrom a regional, state, orfederal agency to handle, store, emit <br />or discharge regulated compounds, materials, chemicals, or substances that is <br />located within 500 linear feet of a public park, school (K-12) as defined in <br />section 11362.768 of the Health and Safety Code, or property used or zoned <br />for residential purposes. <br />Resolution No. 2023-066 <br />Page 1 of 7 <br />