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Home My WebLink About55A - RESO - ABC LICENSE DT 414REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 18, 2016 TITLE; EXTENSION OF CONDITIONAL USE PERMIT NO. 2013-19 FOR A TYPE 41 ABC LICENSE FOR THE DOWNTOWN 414 RESTAURANT TO BE LOCATED AT 414 WEST FOURTH STREET {STRATEGIC PLAN NO. 3, 2, 4} CITY MANJR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _-2100 N ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 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. 2013-19. In August 2013, the City Council affirmed the Planning Commission's decision to approve Conditional Use Permit No. 2013-19 and allow a Type 41 ABC license for the Downtown 414 Restaurant at 414 West Fourth Street. The conditional use permit allowed the on -premise sale and consumption of beer and wine within a new restaurant that was proposed to open in Downtown. Due to a significant shift in the overall economy, the applicant has been unable to move forward with the restaurant project. As a result, the entitlement for the site is ready to expire. However, in August 2015, the applicant decided to move forward with the restaurant and submitted a request to extend his entitlement, which the City Council granted. However, due to various reasons, the applicant was not able to move forward with the restaurant. 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. Although construction has yet to begin, the applicant would like to maintain the entitlements for the conditional use permit and is requesting a second one-year extension of the CUP. The applicant has secured the expertise of a new architect and is expecting to submit plans into Building plan check before the end of the year. Since the applicant is planning to move forward with the project, the Planning Division recommends that the entitlements for the ABC license be extended by a period of one year from the date of City Council approval. 55A-1 Extension of CUP No. 2013-19 — Downtown 414 Restaurant at 414 West Fourth Street October 18, 2016 Page 2 CEQA COMPLIANCE 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. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective #4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). FISCAL IMPACT There is no fiscal impact associated with this action. assan Hagh i, AleP Executive Director Planning and Building Agency VF:rb vf\reports\CUP\CUP13-19 2ntl extension.cc Exhibit: 1. Resolution 55A-2 LS 10.16.16 RESOLUTION NO. 2016- 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 AN ADDITIONAL 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 at a new restaurant at 414 West Fourth Street, B. Pursuant to City of Santa Ana Municipal Code section 41-647, where construction does not commence, these types of entitlements become void after two (2) years unless the applicant applies for, and the City Council approves, an extension. C. Due to various reasons, the applicant has not been unable to begin the project. However, the applicant has secured the expertise of a new architect and is expecting to submit plans into Building plan check before the end of this year. D. The Santa Ana Municipal Code allows the property owner to request an extension of the entitlement up to a period of three (3) years from the date of expiration. The applicant previously requested a one-year extension for Conditional Use Permit No. 2013-19 which was granted by City Council in November 2015, E. The second one-year extension request came before the City Council on October 18, 2016. F. in accordance with the California Environmental Quality Act, this project is exempt from CEOA 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, 2016 -XXX 55A-3 Page 1 of 3 Section 2. Conditional Use Permit No. 2013-19 is hereby extended for the second period of one (1) year. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated October 18, 2016, 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 181h day of October, 2016. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:_ " C Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor Resolution No. 2016 -XXX Page 2 of 3 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. 2016- to be the original resolution adopted by the City Council of the City of Santa Ana on 2016. Date: Clerk of the Council City of Santa Ana Resolution No, 2016 -XXX 55A-5 Page 3 of 3 y