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HomeMy WebLinkAbout55B - CUP - 1005 SOUTH HARBOR BOULEVARD REQUEST FOR Y COUNCIL ACTION ~ 1~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JUNE 7, 2010 TITLE: APPROVED ? As Recommended EXTENSION OF CONDITIONAL USE PERMIT ? As Amended NOS. 2008-01 AND 2008-02 AND VARIANCE ? Ordinance on is' Reading ? Ordinance on 2"d Reading N0.2008-02 TO ALLOW THE OCCUPANCY ? Implementing Resolution OF A VACANT BUILDING AT 1005 SOUTH ? Set Public Hearing For HARBOR B EVARD CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution approving the extension of Conditional Use Permit Nos. 2008-01 and 2008-02 and Variance No. 2008-02. DISCUSSION In April 2008, the City Council approved Conditional Use Permit Nos. 2008-01 and 2008-02 as well as Variance No. 2008-02 to allow the rehabilitation and occupancy of a commercial building that has been vacant for several years at 1005 South Harbor Boulevard. The conditional use permits allowed a restaurant use within the North Harbor Specific Plan zoning district and a Type 41 (on-sale beer and wine) Alcohol Beverage Control license for a new restaurant. Further, the variance allowed a reduction in the front yard landscaped setback (Exhibit 1). Due to a significant shift in the local, state and national economies over the past two years, Baja Fish Tacos has been unable to secure the funds necessary to rehabilitate the building and open the Contodo Mexican Grill. 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 conditional use permits and variance 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 an entitlement. The project has not been submitted into building plan check; however, the applicant is hopeful that a shift in economic conditions will allow plans to be submitted within the next few months. As a result, staff recommends that the entitlements for the commercial buildings be extended by a period of one year. The Police Department also supports this request. 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. 55B-1 Extension of CUP Nos. 2008-01 & 2008-02 Variance No. 2008-03 June 7, 2010 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. l..s Jay .Trevino Executive Director Planning and Building Agency VF:rb vflreportsCUP08-1 & 08-2 and va08-2.extension.cC Exhibit: 1. 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N Q ~ Q+ 9 C Z A ¦ ? ?ot?ooo?oooa???o?®?®m®m® mmn~m?®mt~mm ? l s ~ a z •onie aoa~roN •s Z _ E fi Y / ~ ly ~ ~ ? ! ~ 'll 11L ~~?W,, i t Y W 4 ~ ;r I 'i' ~ xx ~ e ~ ~ ¢i ~T ~ a ~ ~ 9 ' '+1'r' 1 ~ eke `~9~ I A _r 'I ~I ~ I g _ ;gyp ~ w $ ° ~ I X > ' x z ~ - ~ N rk~ Y ~ 0 d• e ' 11188811/ F ~ ! r G • 1 3 _ ~ ~ ~ teT a ~ d ~ R Q - s r = Q 1 g3 b.. ~ _ ~ ~ ~~3~ CUP Q8-2NA OS-2 KO - 6/1/10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2008-01 AS CONDITIONED, CONDITIONAL USE PERMIT NO. 2008-02 AS CONDITIONED, AND VARIANCE NO. 2008-02 AS CONDITIONED FOR ONE YEAR FOR THE PROPERTY LOCATED AT 1005 SOUTH HARBOR 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 March 24, 2008 the Planning Commission received and filed the Zoning Administrator's action approving Conditional Use Permit No. 2008-01 as conditioned to allow a Type 41 Alcohol Beverage Control license in order to sell beer and wine for on-premise consumption at 1005 South Harbor Boulevard. B. On April 7, 2008, the City Council received and filed the Planning Commission's action approving Conditional Use Permit No. 2008-02, as conditioned to allow restaurant use within the North Harbor Specific Plan zoning district, and Variance No.2008-01, as conditioned to allow a reduction in the front yard landscaped setback for the property located at 1005 South Harbor Boulevard. C. The applicant has requested a one year extension for Conditional Use Permit No. 2008-01, Conditional Use Permit No. 2008-02 and Variance No. 2008-01. D. The extension request came before the City Council on June 7, 2010. E. The project has been delayed according to the applicant due to the current economic environment. F. 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. G. In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061 (b)(3). This determination has been Resolution No. 2007-XXX 55B-5 Page 1 oft made as it has been determined that the proposed action will not cause a significant effect on the environment. Section 2. Conditional Use Permit No. 2008-01 as conditioned, Conditional Use Permit No. 2008-02 as conditioned and Variance No. 2008-01, as conditioned are 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 June 7, 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 June, 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 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. 2007-XXX Page 2 of 2 55B-6