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HomeMy WebLinkAbout55A - RESO - CUP - 803 S SULLIVAN STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 1, 2015 TITLE: EXTENSION OF CONDITIONAL USE PERMIT M 2013 -26 AND VARIANCE NO. 2013-09 TO ALLOW THE CONSTRUCTION OF THE SAT NHA BUDDHIST TEMPLE AT 803 SOUTH SULLIVAN STREET (STRATEGIC PLAN NO, 3, 2) am CITY MANACa CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on V' Reading ❑ ordinance on 2°Q Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving the extension of Conditional Use Permit No. 2013 -26 and Variance No, 2013 -09, DISCUSSION In September 2013, the City Council approved Conditional Use Permit No. 2013.26 and Variance No. 2013 -09 to allow the Bat Nha Buddhist Temple the ability to construct a new two - level, 27,428 . square foot meditation center at 803 South Sullivan Street; The conditional use permit was to allow a religious facility in the Single- Family Residence (R -1) zoning district; with the variance allowing a reduction in parking and to exceed the allowable building height. Due to a significant shift in the local, state and national economies that commenced several years ago, fundraising to construct the facility has been impacted by the economic downturn, with the Temple unable to start construction of the project. As a result, the entitlements for the site are ready to expire, 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 project 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, Although the project has yet to be submitted into building plan check, the applicant has secured an architect and is expecting to submit into building plan check later this year and start construction on the project early next year. As a result, the Planning Division recommends that the entitlement for the temple be extended by a period of one year from date of original approval to September 16, 2016. If construction has not commenced by this date, the applicant has the ability to request an additional extension. 55A -1 Extension of CUP No. 2013 -26 & Variance No. 2013 -09 September 1, 2015 Page 2 ENVIRONMIAL IM60 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 found that the proposed action will not cause a significant effect can the environment. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning (Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action, VF;rb MraponskCUP 13.26 & VA13.119 extenalon.ca 55A -2 LS 8.10.15 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT N0, 2013 -26 AND VARIANCE NO. 2013 -09 FOR ONE YEAR FOR THE PROPERTY LOCATED AT 803 SOUTH SULLIVAN 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 September of 2013, the City Council approved Conditional Use Permit No. 2013 -26 and Variance No. 2013 -09 to allow the Bat Nha Buddhist Temple the ability to construct a new two level 27,428 square foot meditation center at 803 South Sullivan Street. B. The applicant has requested a one year extension for Conditional Use Permit No. 2013 -26 and Variance No. 2013 -09. 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. C. The extension request came before the City Council on September 1, 2015. D. 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 has secured an architect to prepare construction plans for submittal into Building plan check. The applicant is expecting to start construction on the project early next year. 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. Section 2. Conditional Use Permit No. 2013 -26 and Variance No. 2013 -09 are hereby extended for a period of one (1) year from the date of the original approval to Resolution No, 2013 -XXX Page 1 of 3 55A -3 September 16, 2016. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated September 1, 2015, 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 September, 2015. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: '(0" f?' c Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2015 -XXX Page 2 of 3 Miguel A. Pulido Mayor 55A -4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015- 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. 2013 -XXX Page 3 of 3 'P�PM