Item 17 - Appeal No. 2023-06 appealing Planning Commission denial of modification to CUP No. 2019-41 and CUP No. 2023-03 – New Service Station at 2230 N Tustin

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NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA CITY COUNCIL The City of Santa Ana encourages the public to participate in the decision -making process. The following notice is being provided so that you can ask questions, make comments, and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions. NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below. Project Location: 2230 North Tustin Avenue located within the Arterial Commercial (C5) zoning district. Project Applicant: Fred Cohen (Applicant); Heinecke Gould Properties LLC (Property Owner) Proposed Project: City Council consideration of Appeal Application No. 2023-06, appealing the decision of the Planning Commission to: 1. Deny modification to Conditional Use Permit No. 2019-41 to construct a new service station with a 2,880 square foot canopy and a 2,150 square foot mini -mart, and 2. Deny Conditional Use Permit No. 2023-03 for businesses requiring a regional, state, or federal permit to discharge, handle, emit, or store regulated compounds, materials, or substances and is located within 500 ft. of a school, public park, or residence. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review. Categorical Exemption ER No. 2017-83 will be filled for this project. Action Taken by the Planning Commission on June 26, 2023: Deny modification to Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03. VOTE: 5-2- 0 (Chairperson Pham and Commissioners Ramos, Woo, Escamilla, and Oliva voted yes; Commissioners Leo and Benninger voted no). Meeting Details: This public hearing will be held on Tuesday, October 03, 2023, at 5:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.orq/pb/meeting- participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to eCommentCa)_santa-ana.org (reference the Agenda Item # in the subject line) or mail to Jennifer L. Hall, City Clerk, City of Santa Ana, 20 Civic Center Plaza — M30, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the City Council but will be made part of the record. Where To Get More Information: All staff reports regarding any item on this agenda are available Tor public inspection in the City Clerk's Office during regular business flours and posted on the City's website the Tuesday before a Council meeting at: https://www.santa- ana.org/cc/city-meetings. Who To Contact For Questions: Should you have any questions, please contact Cristian Santana with the Planning and Building Agency at CSantana(a-)_santa-ana.org or (714) 667- 2728. Note: If you challenge the decision on the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. Neu can lien lac bang tieng Viet, xin dien thoai cho Tony Lai so (714) 565-2627.