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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />MAY 3, 2010 <br />TITLE: <br />EXTENSION OF VARIANCE NO. 2008 -03 TO <br />ALLOW THE CONSTRUCTION OF TWO <br />COMMERCIAL BUILDINGS AT 1501 WEST <br />MACARTHUR BOULEVARD <br />r <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 1St Reading <br />❑ Ordinance on 2"d Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For_ <br />CONTINUED TO <br />FILE NUMBER <br />Adopt a resolution approving the extension of Variance No. 2008 -03. <br />DISCUSSION <br />In May 2008, the City Council approved General Plan Amendment No. 2008 -02, Amendment <br />Application No. 2008 -02 and Variance No. 2008 -03 to allow the construction of two commercial <br />buildings at the northeast corner of MacArthur Boulevard and Plaza Drive. The general plan <br />amendment and amendment application (zone change) were to redesignate the properties to allow <br />commercial uses, while the variance allowed a reduction in the landscaped setbacks (Exhibit 1). Due to <br />a significant shift in the local, state and national economies over the past two years, Newport Real <br />Estate Services Inc. has been unable to secure the tenants necessary to begin construction. <br />Entitlements for development projects expire two years from the date of approval unless construction <br />has commenced. Since construction has yet to begin, the applicant would like to maintain the <br />entitlement for the variance and is requesting an extension. As the general plan amendment and <br />rezoning are permanent actions, no extension of these entitlements is needed. However, Section 41- <br />647 of the Santa Ana Municipal Code (SAMC) requires the City Council to approve any request for an <br />extension of a variance. The project is currently in building plan check and permits are ready to be <br />issued. The applicant is hopeful that the economic conditions will improve in the near future and allow <br />construction to commence. As a result, staff recommends that the entitlements for the commercial <br />buildings be extended by a period of one year. <br />ENVIRONMENTAL IMPACT <br />In accordance with the California Environmental Quality Act, this project is exempt from CEQA per <br />Section 15061 (b)(3). This determination has been made as it has been determined that the proposed <br />action will not cause a significant effect on the environment. <br />55A -1 <br />