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HomeMy WebLinkAbout2015-065 - Extension of Conditional Use Permit No. 2013-19LS 11.3.15 RESOLUTION NO. 2015 -065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2013 -19 FOR A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE FOR ONE YEAR FOR THE PROPERTY LOCATED AT 414 WEST FOURTH 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 August of 2013, the City Council affirmed the Planning Commission's recommendation to approve Conditional Use Permit No. 2013 -19 to allow the Downtown 414 Restaurant the ability to sell beer and wine for on- premise consumption in conjunction with a new restaurant at 414 West Fourth Street. B. The applicant has requested a one year extension for Conditional Use Permit No. 2013 -19. 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 November 17, 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 later this 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. Resolution No. 2015 -065 Page 1 of 3 Section 2. Conditional Use Permit No. 2013 -19 is hereby extended for a period of one (1) year from the date of the original approval to August 12, 2016. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated November 17, 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 17th day of November, 2015. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Lisa Storck Assistant City Attorney AYES: Councilmembers: Amezcua, Benavides Pulido, Reyna, Sarmiento, Tinaiero (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Martinez (1) Resolution No. 2015 -065 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. 2015 -065 to be the original resolution adopted by the City Council of the City of Santa Ana on November 17, 2015. Date: Clerk of the Council City of Santa Ana Resolution No. 2015 -065 Page 3 of 3