HomeMy WebLinkAbout31B - 3801 S BRISTOL STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 20, 2007
TITLE:
EXTENSION OF ENTITLEMENTS FOR
CONDITIONAL USE PERMIT NO. 2002-31
AND CONDITIONAL USE PERMIT NO. 2002-
32 TO ALLOW THE CONSTRUCTION OF A
GAS STATION AND CONVENIENCE STORE AT
3801 SOUTH BRISTOL STREET - CHEVRON
PRODUCTS COMPANY, APPLICANT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1~' Reading
^ Ordinance on 2n° Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Adopt a resolution approving a one-year extension of Conditional Use
Permit No. 2002-31.
2. Adopt a resolution approving a one-year extension of Conditional Use
Permit No. 2002-32.
DISCUSSION
On February 18, 2003, the City Council received and filed the staff report
approving Conditional Use Permit No. 2002-31 to allow the construction of
a gas station and convenience store, and Conditional Use Permit No. 2002-
32 to allow after hours operation (between 12:00 midnight and 5:00 a.m.)
for the facility located at 3801 South Bristol Street. Chevron Products
Company, the owner of the property, has been unable to complete the
construction of the project due to a recent lawsuit that prevented them
from proceeding with the project plans. Chevron is requesting its third
and final extension of the above entitlements, which are due to expire in
February 2007.
Santa Ana Municipal Code Section 41-647 allows the City Council by
Resolution to approve up to a three-year extension of a conditional use
permit or variance from the time that it would normally become void.
Since the City Council has granted two previous one-year extensions of
entitlements for the site, the applicant is requesting a third and final
extension in order to allow the construction to commence. The applicant
has asserted that all legal issues have been resolved and Chevron is
prepared to move forward with the project. It is therefore recommended
that the entitlements for the gas station and convenience store with
after-hours operation be extended for a third and final year until
February 2008 as requested by the applicant.
31 B-1
Conditional
February 20,
Page 2
Use Permit No. 2002-31 and 2002-32
2007
Environmental Impact
In accordance with the California Environmental Quality Act, Mitigated
Negative Declaration (Environmental Review No. 2002-270) was previously
prepared for this project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
~~~
J M. Trevino
Executive Director
Planning & Building Agency
VC:rb
vc\reports\cup02-31cup02-32.exteneion3.cc
31 B-2
KO - 2/7/06
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA EXTENDING CONDITIONAL USE PERMIT
NO. 2002-31 AS CONDITIONED AND CONDITIONAL USE
PERMIT NO. 2002-32 AS CONDITIONED FOR ONE YEAR
FOR THE PROPERTY LOCATED AT 3801 SOUTH
BRISTOL STREET
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. February 18, 2003, the City Council received and filed the Planning
Commission resolution approving Conditional Use Permit No. 2002-31 to
allow the construction of a gas station and convenience store, and
Conditional Use Permit No. 2002-32 to allow after hours operation (between
12:00 midnight and 5:00 a.m.) of the facility located at 3801 South Bristol
Street.
B. On February 22, 2005 the City Council granted a one year extension of
Conditional Use Permit No. 2002-31 and Conditional Use Permit No.
2002-32. On February 21, 2006 the City Council granted a second one
year extension of Conditional Use Permit No. 2002-31 and Conditional
Use Permit No. 2002-32
C. The applicant has requested a final one year extension of Conditional Use
Permit No. 2002-31 and Conditional Use Permit No. 2002-32, for
extensions totaling three years.
D. The extension request came before the City Council on February 20,
2007.
E. Santa Ana Municipal Code Section 41-647 authorizes the City Council to
extend the date which a conditional use permit and variance become void
for a period for not to exceed three (3) years.
F. In accordance with the California Environmental Quality Act, Mitigated
Negative Declaration (Environmental Review No. 2002-270 has been
previously prepared for this project.
Section 2. The City Council of the City of Santa Ana hereby, approves a one
(1) year extension of Conditional Use Permit No. 2002-31 as conditioned and
Conditional Use Permit No. 2003-32 as conditioned.
Resolution No. 2007-
Page 1 of 2
31 B-3
ADOPTED this _ day of February, 2007.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2007- to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2007-
Page 2 of 2
31 B-4