HomeMy WebLinkAbout55A - 2230 N TUSTIN AVENUE REQUEST FOR _ ,
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
APRIL 5, 2010
TITLE: APPROVED
? As Recommended
EXTENSION OF VARIANCE N0.2007-09 AND ? As Amended
MINOR EXCEPTION N0.2007-04 TO ALLOW ? Ordinance on 1~tlReading
? Ordinance on 2 Reading
THE CONSTRUCTION OF A COMMERCIAL ? Implementing Resolution
BUILDING AT 2230 NORTH TUSTIN AVE ? Set Public Hearing For
NUE
~ CONTINUED TO
- FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Adopt a resolution approving the extension of Variance No. 2007-09.
2. Adopt a resolution approving the extension of Minor Exception No. 2007-04.
DISCUSSION
In March 2008, the City Council approved Variance No. 2007-09 and Minor Exception No. 2007-04 to
allow the construction of a 6,200 square foot commercial building on the southwest corner of Tustin and
Santa Clara Avenues. The variance allowed a reduction in the landscaped setbacks and parking lot
landscaping for the project, while the minor exception approved a reduction in required parking (Exhibit
1). Due to a significant shift in the local, state and national economies over the past two years, the
owner of the property, the Heinecke Family Trust, has been unable to secure a tenant(s) necessary to
begin construction of the building.
Entitlements for development projects expire two years from the date of approval unless construction
has commenced. Since construction has yet to begin, the applicant would like to maintain the
entitlements for the variance and minor exception and is requesting an extension. Section 41-647 of
the Santa Ana Municipal Code (SAMC) requires the City Council to approve any request for an
extension of entitlements. Although the project has yet to be submitted into plan check, the applicant is
hopeful that the current economic conditions will improve in the near future and allow construction to
commence. As a result, staff recommends that the entitlements for the commercial building be
extended by a period of one year.
ENVIRONMENTAL IMPACT
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.
55A-1
Extension of Variance No. 2007-09
& Minor Exception No. 2007-04
April 5, 2010
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
Ja ` .Trevino
Executive Director
Planning and Building Agency
VF:rb
vflreports\va07-09&me07-4.extension.cc
Exhibit: 1. Site Plan
55A-2
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EXHIBIT 1
55A-3
55A-4
KO - 3/23/10
RESOLUTION NO. 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA FOR THE EXTENSION OF VARIANCE NO.
2007-09 AS CONDITIONED AND MINOR EXCEPTION NO.
2007-04 AS CONDITIONED FOR ONE YEAR FOR THE
PROPERTY LOCATED AT 2230 NORTH TUSTIN 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 March 3, 2008, the City Council received and filed the Planning
Commission resolution approving Variance No. 2007-09 allowing a
reduction in the landscaped setbacks and parking lot landscaping and
Minor Exception No. 2007-04 allowing a reduction in required parking for
the property located at 2230 North Tustin Avenue.
B. The applicant has requested a one year extension Variance No. 2007-09
and Minor Exception No. 2007-04.
C. The extension request came before the City Council on April 5, 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 III
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. The following entitlements are hereby extended for a period of one
(1) year from the date of this Resolution:
A. Variance No. 2007-09 as conditioned, and
B. Minor Exception No. 2007-04 as conditioned.
Resolution No. 2010-XXX
55A-5 Page 1 of 3
This decision is based upon the evidence submitted, which includes but is not limited to
the Request for Council action dated April 5, 2010 and exhibits attached thereto, and
any public testimony, all of which are incorporated hereby this reference.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of April, 2010.
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
Resolution No. 2010-XXX
Page 2 of 3 55A-6
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2010- 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. 2010-XXX
55A-7 Page 3 of 3
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