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KO — 4/22/10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF VARIANCE NO. 2008 -03 AS CONDITIONED FOR ONE YEAR FOR THE PROPERTY LOCATED AT 1501 WEST MACARTHUR BOULEVARD 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 May 5, 2008, the City Council held a duly noticed public hearing on General Plan Amendment No. 2008 -01, Amendment Application No. 2008- 02 and Variance No 2008 -03 to allow a reduction in the required building setback along Macarthur Boulevard from fifteen feet to ten feet for the property located at 1501 West MacArthur Boulevard. B. The applicant has requested a one year extension Variance No. 2008 -03. C. The extension request came before the City Council on May 3, 2010. D. The project has been delayed according to the applicant due to the current economic environment. E. Pursuant to City of Santa Ana Municipal Code section 41 -647, where construction does not commence these types of entitlements expire after two years unless the applicant applies for, and the City Council approves, an extension. F. In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061 (b)(3). This determination has been made as it has been determined that the proposed action will not cause a significant effect on the environment. Section 2. Variance No. 2008 -03 as conditioned is hereby extended for a period of one (1) year from the date of this Resolution. This decision is based upon the evidence submitted, which includes but is not limited to the Request for Council action dated May 3, 2010 and exhibit attached thereto, and any public testimony, all of which are incorporated hereby this reference. Resolution No. 2010 -XXX 55A -5 Page 1 of 2