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LS 10.15.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NO. 2019-03 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT NO. 2019-30 TO ALLOW A CAR WASH AT 301 NORTH TUSTIN AVENUE, AMENDMENT TO VARIANCE NO. 2018-10 TO ALLOW A REDUCED FRONT YARD AT 301 NORTH TUSTIN AVENUE, CONDITIONAL USE PERMIT NO. 2019-31 TO ALLOW THE 24 HOUR OPERATION OF A CONVENIENCE STORE AT 325 NORTH TUSTIN AVENUE AND ENVIRONMENTAL REVIEW NO. 2019-69 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On September 9, 2019, the Planning Commission held a public hearing as required by law on Conditional Use Permit (CUP) No. 2019-30 to allow a car wash at 301 North Tustin Avenue and amendment to Variance No. 2018-10 to a reduced front yard at 301 North Tustin Avenue and Conditional Use Permit No. 2019-31 to allow a convenience store to operate 24 hours a day at 325 North Tustin Avenue. After listening to public testimony and consideration of the facts, the Planning Commission approved CUP No. 2019-30, amendment to Variance No. 2018-10, CUP No. 2019-31 and Environmental Review No. 2019-69 by a vote of 4:0 with one absence. B. On September 19, 2019, Kara Grant on behalf of William and Karina Conklin ("the Conklins"), submitted an appeal to the City requesting that the City Council reconsider the Planning Commission's decision and deny CUP No. 2019-30, amendment to Variance No. 2018-10, CUP No. 2019- 31, and Environmental Review No. 2019-69 based on four reasons: The Commission failed to satisfy the five required criteria for granting conditional use permits set forth in Santa Ana Municipal Code (SAMC) Section 41-638 and thus should not have granted Conditional Use Permit No. 2019-30. Resolution No. 2019-xx 75A-291 Page 1 of 8