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Recommended Action: After conducting its public hearing on the item, the City Council <br />may take one of the following three actions: <br />1. Adopt a resolution denying Appeal Application No. 2023-06 and upholding the <br />determination of the Planning Commission to deny modification to Conditional Use <br />Permit No. 2019-41 and Conditional Use Permit No. 2023-03. <br />RESOLUTION NO. 2023-066 entitled A RESOLUTION OF THE CITY COUNCIL <br />OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2023-06 AND <br />UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO <br />DENY A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2019-41 TO <br />ALLOW THE CONSTRUCTION OF A SERVICE STATION, AND TO DENY <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 2230 <br />NORTH TUSTIN AVENUE <br />•O <br />2. Adopt a resolution approving Appeal Application No. 2023-06 overturning the <br />determination of the Planning Commission, thereby approving modification to <br />Conditional Use Permit No. 2019-41 and Conditional Use Permit No. 2023-03 as <br />conditioned. <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 />•O <br />CITY COUNCIL 12 OCTOBER 3, 2023 <br />