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3. Adopt a resolution approving Appeal Application No. 2023-06 overturning the <br />determination of the Planning Commission, thereby approving Conditional Use <br />Permit No. 2019-41 and Conditional Use Permit No. 2023-03 with modified <br />conditions of approval. <br />RESOLUTION NO. 2023-XXX A RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA APPROVING APPEAL NO. 2023-06, THEREBY <br />OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION AND <br />APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41 <br />TO ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND APPROVING <br />CONDITIONAL USE PERMIT NO. 2023-03 FOR A LAND USE THAT <br />REQUIRES A REGIONAL, STATE, OR FEDERAL PERMIT TO HANDLE, <br />STORE, EMIT OR DISCHARGE REGULATED COMPOUNDS, MATERIALS, <br />CHEMICALS, OR SUBSTANCES WITHIN 500 LINEAR FEET OF A PUBLIC <br />PARK, SCHOOL (K-12), OR RESIDENTIAL ZONE IN THE ARTERIAL <br />COMMERCIAL (C5) ZONING DISTRICT, FOR THE PROPERTY LOCATED AT <br />2230 NORTH TUSTIN AVENUE (includes determination that this project is <br />exempt from further review pursuant to the California Environmental <br />Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines (Class 3 <br />— New Construction or Conversion of Small Structures) as Notice of Exemption, <br />Environmental Review No. 2017-83, will be filed for this project) <br />MINUTES: City Attorney Sonia Carvalho explained the rules of due process <br />related to the public hearing. <br />Mayor Amezcua opened the Public Hearing at 8:26 P.M. <br />The following speakers addressed Council in -person: <br />1. Michael Ayaz, appellant, spoke in opposition to the Planning Commission's <br />decision and requested Council approve the appeal with the removal of <br />condition no. 7. <br />City Clerk Jennifer L. Hall reported out the summary of email 47 e-comments <br />received. <br />The following speakers addressed council via teleconference: <br />2. Nikki Tichy spoke in opposition to the item and spoke in support of option 1. <br />3. Mr. and Mrs. Mike DeCosra spoke in opposition to the item. <br />4. Kim Lacey spoke in opposition to the item and spoke in support of option 1. <br />The following speakers addressed Council in -person: <br />5. Steve Braum, landlord, spoke regarding the vacant lot and in support of the item. <br />CITY COUNCIL 13 OCTOBER 3, 2023 <br />