HomeMy WebLinkAbout55C - RESO - EXTENSION OF VARIANCEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 6, 2011
TITLE:
EXTENSION OF VARIANCE NO. 2007-09 AND
MINOR EXCEPTION NO. 2007-04 TO ALLOW
THE CONSTRUCTION OF A COMMERCIAL
BUILDING AT 2230 NORTH TUSTIN AVENUE
i?
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1 s` Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
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 three years, the
owner of the property, 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 another extension. However,
Section 41-647 of the Santa Ana Municipal Code (SAMC) requires the City Council to approve any
request for an extension of entitlements. The first extension requested by the applicant was approved
by the City Council on April 5, 2010 for a one year time period. Although the project has yet to be
submitted into building plan check, the applicant has stated that there is some interest in the site. The
applicant is hopeful that the 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 to March 2012.
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.
55C-1
Extension of Variance No. 2007-09
& Minor Exception No. 2007-04
June 6, 2011
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
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Jay . revino
Executive Director
Planning and Building Agency
VF:rb
vf\reports\va07-09&meO7-4.extension.oc
Exhibit: 1. Site Plan
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55C-3
55C-4
ROH - 06/06/11
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA FOR THE EXTENSION OF VARIANCE NO.
2007-09 AND MINOR EXCEPTION NO. 2007-04 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. 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 at 2230 North Tustin Avenue. The variance allows a reduction in
the landscaped setbacks and parking lot landscaping for the project, while
the minor exception approved a reduction in required parking.
B. The first extension requested by the applicant was approved by the City
Council on April 5, 2010. Applicant now requests another one year
extension of Variance No. 2007-09 and Minor Exception No. 2007-04, and
staff recommends that the entitlements for the commercial building be
extended by a period of one year to March 2012.
C. The extension request came before the City Council on June 6, 2011.
D. According to the applicant, the project has been delayed due to a
significant shift in the local, state, and national economies over the past
three years, which has precluded the owner of the property from securing
a tenant(s) necessary to begin construction of the building. However, the
applicant is hopeful that the economic conditions will improve in the near
future and allow construction to commence.
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.
5505 Resolution No. 2011-XXX
Page 1 of 3
Section 2. Variance No. 2007-09 and Minor Exception No. 2007-04 are hereby
extended for a period of one (1) year to March 2012. This decision is based upon the
evidence submitted, which includes but is not limited to the Request for Council Action
dated June 6, 2011, and exhibits attached thereto, and any public testimony, all of
which are incorporated herein by 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, 2011.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph A. Straka
Interim City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT
Councilmembers
Councilmembers
Councilmembers
Councilmembers
Resolution No. 2011-XXX
Page 2 of 3 55C-6
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2011- 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
5507 Resolution No. 2011-XXX
Page 3 of 3
55C-8