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Home My WebLink About31B - 101 EAST SANDPOINTE CITY COUNCIL MEETING DATE: REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APRIL 16, 2007 TITLE EXTENSION OF ENTITLEMENTS FOR CONDITIONAL USE PERMIT NO. 2005-15 AND VARIANCE NO. 2005-12 TO ALLOW CONSTRUCTION OF THE MONTAGE CONDOMINIUM PROJECT AT 101 EAST SANDPOINTE AVENUE - INTEGRAL COMMUNITIES, APPLICANT APPROVED o As Recommended o As Amended o Ordinance on 1 sl Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ex LUiJ/2u. CITY MANAGER CONTINUED TO .-' FILE NUMBER RECOMMENDED ACTION 1. Adopt a resolution approving a two-year extension of Conditional Use Permit No. 2005-15. 2. Adopt a resolution approving a two-year extension of Variance No. 2005-12. DISCUSSION On July 5, 2005, the City Council approved Conditional Use Permit No. 2005-15 and Variance No. 2005-12 to allow the construction of a 276 unit condominium project within Hutton Centre. The approval was part of the larger MacArthur Place South development, which included three 25-story high rise residential towers, a six-story mixed use building and approximately 13,000 square feet of retail and restaurant space. The conditional use permit allowed multi-family residential uses within the newly established Specific Development No. 76 zoning district (SD-76) while the variance granted the developer the ability to provide tandem parking within the project. Section 41-647 of the Santa Ana Municipal Code (SAMC) details the process by which conditional use permits and variances may be used and states that they "shall automatically become void after two (2) years from the effective date of such approval when the owner fails to institute an action to erect, build, alter, move or maintain the use of the property as specified in the terms and conditions of the conditional use permit or variance." As such, the current entitlement will reach effective expiration on July 4, 2007. Due to changes in the residential housing market, Integral Communities temporarily delayed the construction of this proj ect, however they have submitted grading and building plans into plan check. Even with this 31 B-1 Extension of Entitlements for Conditional Use Permit No. 2005-15 Variance No. 2005-12 April 16, 2007 Page 2 activity, however, it is unlikely that permits will be issued and construction will have begun prior to the July 4, 2007. Section 41-647 of the SAMC also allows for the City Council to grant extensions to the date upon which a conditional use permit or variance would automatically become void for periods not exceeding three (3) years in total from the original date. As such, Integral is requesting a two year extension to the conditional use permit and variance in order to allow them adequate time to obtain all necessary permits and begin construction (Exhibit 1) . Although the residential construction market has slowed during the past year, it is not unrealistic to expect that the market will recover. The extension of the approved entitlements will allow the construction of a viable project in Hutton Centre. Staff recommends that the entitlements for the Montage development be extended for two years. Should this request be approved by the City Council, the date of expiration of Conditional Use Permit No. 2005-15 and Variance No. 2005-12 would be July 4, 2009. Environmental Impact In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report No. 2004-02. FISCAL IMPACT There is no fiscal impact associated with this action. ~~ M. Trevino Executive Director Planning and Building Agency VF:rb vf\reports\cupOS-15&va05-12.ccext 31 B-2 <~I- 1 Y '}.. I' (' I" ' I ~'~, . "Ii ~.-J,A_~ t~~ ~ COi\t\H:\lTIES M",,'h 12, 2007 Vinl't' FrcgO'..u Plannlnp and Building Agency 20 Ci\ ic Center Plal<l, Ros:"I Anne.\. M-~(l P.O, Box I \lHH S"rlla An", CA \ln02 RE: REQIEST FOR EXTE'SJO' OF 'I'M 16626 A'D nEVELOP\IE'T AI;REEMFSJ Dear Mr. Frej:!oslI: I am contacting you lu request (j 2-year eXlen~ion of Tract Map No. 16626, the Conditional t'se Permit. Parking Varwnce alld the related Development Agreement. Twct Map No 16626 w,,, approved a, part <lIthe MacArthur Plate project in June of 2005. and i... Ltssociated \\'lth the following APN,' 4 i I -O~ 1 -OOH 411 O~ I -(2) 411 .O~ 102(, .Ii I-Osf.on It you require additional information regarding Ihi... request, r1t'a...e feel free tOl',mlacl tlIt";1I (7hO) T';;_~-.? 177 I,n email at".., 'I' ",'. or hie Gage at T&B Planning via ph<lne <11 17141 50).6360 or em",1 at egage Ca" lhplan ni ng_com. Sincerely. .~ i tL.'-. ,L \ LANCE WArTE " '""- INTEGRAL COMMUNITIES EXHIBIT 1 I "J 1',I,t{ \i ('1\1 \t l '1-' [/" _I, l ".,k. \ i, ", t "i -"',.ii iilc.!Jli'_J ( \<;.-.11_', '" I ".::, ~ : ~- 1;1\ - (111 _" ~ "";'H 31 B-3 KO - 4/3/07 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING CONDITIONAL USE PERMIT NO. 2005-15 AS CONDITIONED AND VARIANCE NO. 2005-12 AS CONDITIONED FOR TWO (2) YEARS FOR THE PROPERTY LOCATED AT 101 EAST SANDPOINTE AVENUE 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 July 5, 2005, the City Council approved Conditional Use Permit No. 2005-15 to allow multi-family residential uses within the newly established Specific Development No. 76 zoning district (SD-76) and Variance No. 2005-12 to allow tandem parking to allow the construction of a 276 unit condominium project located at 101 East Sandpointe Avenue. B. The applicant has requested a two (2) year extension of Conditional Use Permit No. 2005-15 and Variance No. 2005-12. C. The extension request came before the City Council on April 16, 2007. D. 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. E. In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report No. 2004-02. Section 2. The City Council of the City of Santa Ana hereby, approves a two (2) year extension of Conditional Use Permit No. 2005-15 as conditioned and Variance No. 2005-12 as conditioned. Resolution No, 2007- Page 1012 318-4 ADOPTED this _ day of April, 2007. 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 Miguel A. Pulido Mayor 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: Resolution No. 2007- Page 2 of 2 Clerk of the Council City of Santa Ana 318-5 318-6