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E. On May 26, 2020, the City of Santa Ana Planning Commission held a public <br />hearing for the proposal of a new service station on the subject site. The <br />Planning Commission unanimously approved CUP No. 2019-41 and Variance <br />No. 2019-05 to allow the construction of a new service station on the subject <br />site. <br />F. On December 20, 2022, the City Council adopted an ordinance to require <br />businesses requiring a regional, state, or federal permit to handle, store, emit <br />or discharge regulated compounds, materials, chemicals, or substances within <br />500 linear feet of a public park, school (K-12), or residential zones to obtain a <br />CUP (Ordinance No. NS-3038). <br />G. On June 20, 2023, the City Council adopted an ordinance amending various <br />sections of Chapter 41 (Zoning) of the SAMC, which include Section 41-199.4 <br />Noxious uses, to expand the distance measured from subject properties to the <br />closest point of any public park, school, or property used or zoned for <br />residential purposes from 500 linear feet to 1,000 (Ordinance No. NS-3044). <br />H. The applicant is proposing modifications to the original CUP 2019-41 <br />entitlement to allow construction of a new single -story, 2,150-square-foot <br />commercial building, containing a convenience store, as well as a 2,880- <br />square-foot fueling canopy with six fueling stations. Based on the date on the <br />application, the project is subject to Ordinance No. NS-3038 and subject to a <br />500 linear foot separation requirement instead of 1,000 linear feet. <br />I. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to <br />review and approve both CUPs for this project as set forth by the SAMC. <br />J. On June 26, 2023, the Planning Commission held a duly noticed public hearing <br />for modification to CUP No. 2019-41 and CUP No. 2023-03. <br />K. At the public hearing, the Planning Commission received a report and staff <br />presentation, as well as public comments, for modification to CUP No. 2019-41 <br />and CUP No. 2023-03. During the public hearing, representatives of the adjacent <br />property at 2112 East Santa Clara Avenue, as well as community members <br />consisting of residents, representatives and parents of children attending the <br />neighboring child-care facility, spoke in opposition of the project. The comments <br />in opposition were regarding concerns about the potential environmental and <br />operational impacts of the new service station on the surrounding area. <br />L. After receiving a staff presentation and public comments regarding the changes <br />to the project, the Planning Commission voted to adopt a resolution denying <br />modification to CUP No. 2019 and CUP No. 2023-03, providing two findings for <br />denial pursuant to SAMC Section 41-638. The proposed motion passed with five <br />votes in favor and two against (Ayes: Commissioners Escamilla, Oliva, Woo, <br />Pham, Ramos, Noes: Leo, Benninger). <br />Resolution No. 2023-066 <br />Page 2 of 7 <br />