HomeMy WebLinkAbout55A - RESO - CUP 1600 E FIRST STREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 18, 2014
TITLE:
EXTENSION OF CONDITIONAL USE PERMIT
NO. 2010 -15 TO ALLOW A CARE HOME FOR
THE ELDERLY AT 1600 EAST FIRST STREET
— FARAMARZI FAMILY TRUST, APPLICANT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution approving the extension of Conditional Use Permit No. 2010 -15.
DISCUSSION
In March 2011, the City Council approved Conditional Use Permit No. 2010 -15 to allow a care
home at 1600 East First Street. The conditional use permit allowed the conversion of an existing
hotel and restaurant into a licensed residential care facility for the elderly (RCFE). Due to a weak
economy over the past few years, the Faramarzi Family Trust had been unable to secure the funds
necessary to begin the project. As a result, the entitlements for the site are ready to expire.
Pursuant to Section 41 -647 of the Santa Ana Municipal Code (SAMC), conditional use permits
(CUP) automatically become void should the property owner fail to institute an action to comply
with the provisions of the CUP within two years of its approval. This section of the code also allows
the property owner to request an extension of the entitlement up to a period of three years from the
date of expiration.
Since construction has yet to begin, the applicant would like to maintain the entitlements for the
conditional use permit and is requesting a one -year extension of the entitlements. The applicant is
in the process of vacating the building and has been working with a new architect to prepare
construction plans for submittal into Building plan check. Further, the applicant is working to bring
in foreign investors as well as local financial institutions to provide funding for the project. Since the
applicants are hopeful that they can move forward this year, the Planning Division recommends
that the entitlements for the licensed residential care facility for the elderly (RCFE) be extended by
a period of one year from the date of approval to March 7, 2015. This will be the second one -year
extension request for the property with one additional year available if needed.
55A -1
Extension of CUP No. 2010 -15
March 18, 2014
Page 2
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.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Karen Haluza
Interim Executive Director
Planning and Building Agency
AN:rb
AN \CC \CUP 10- 15EMenslon=2014
55A -2
ROH — 03/18/14
RESOLUTION NO. 2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA FOR THE EXTENSION OF CONDITIONAL
USE PERMIT NO. 2010 -15 FOR ONE YEAR FOR THE
PROPERTY LOCATED AT 1600 EAST FIRST 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. In March of 2011, the City Council approved Conditional Use Permit No.
2010 -15 to allow the conversion of an existing hotel and restaurant into a
licensed residential care facility for the elderly (RCFE) at 1600 East First
Street.
B. On May 6, 2013, the City Council approved a one (1) year extension of
Conditional Use Permit No. 2010 -15.
C. The applicant has requested another one (1) year extension for
Conditional Use Permit No. 2010 -15. It is the Planning Division's policy to
recommend no more than one year extensions, mainly in an effort to
encourage the construction of previously approved projects. As a result,
the Planning Division recommends that the entitlements for the project be
extended by a period of one (1) year to March 7, 2015.
D. The extension request came before the City Council on March 18, 2014.
E. Due to a weak economy over the past few years, the applicant had been
unable to secure the funds necessary to begin the project. However, the
applicant is in the process of vacating the building and has been working
with a new architect to prepare construction plans for submittal into
Building plan check. Further, the applicant is working to bring in foreign
investors as well as local financial institutions to provide funding for the
project.
F. Pursuant to City of Santa Ana Municipal Code section 41 -647, where
construction does not commence, these types of entitlements expire after
two (2) years unless the applicant applies for, and the City Council
approves, an extension. The extension may not be for a period or periods
exceeding three (3) years in total beyond the date it would otherwise
become void.
55A -3 Resolution No. 2014 -XXX
Page 1 of 3
G. 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.
Section 2. Conditional Use Permit No. 2010 -15 is hereby extended for a
period of one (1) year to March 7, 2015. This decision is based upon the evidence
submitted, which includes, but is not limited to, the Request for Council Action dated
March 18, 2014, 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 March, 2014.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
In
Ryan O. Hodge
Assistant City Attorney
AYES:
NOES:
Councilmembers
Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2014 -XXX 55A -4
Page 2 of 3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2014- 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
55A -5 Resolution No Page 3 of 3
'P�PM