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REQUEST FOR _ , <br /> COUNCIL ACTION <br /> CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: <br /> APRIL 5, 2010 <br /> TITLE: APPROVED <br /> ? As Recommended <br /> EXTENSION OF VARIANCE N0.2007-09 AND ? As Amended <br /> MINOR EXCEPTION N0.2007-04 TO ALLOW ? Ordinance on 1~tlReading <br /> ? Ordinance on 2 Reading <br /> THE CONSTRUCTION OF A COMMERCIAL ? Implementing Resolution <br /> BUILDING AT 2230 NORTH TUSTIN AVE ? Set Public Hearing For <br /> NUE <br /> ~ CONTINUED TO <br /> - FILE NUMBER <br /> CITY MANAGER <br /> RECOMMENDED ACTION <br /> 1. Adopt a resolution approving the extension of Variance No. 2007-09. <br /> 2. Adopt a resolution approving the extension of Minor Exception No. 2007-04. <br /> DISCUSSION <br /> In March 2008, the City Council approved Variance No. 2007-09 and Minor Exception No. 2007-04 to <br /> allow the construction of a 6,200 square foot commercial building on the southwest corner of Tustin and <br /> Santa Clara Avenues. The variance allowed a reduction in the landscaped setbacks and parking lot <br /> landscaping for the project, while the minor exception approved a reduction in required parking (Exhibit <br /> 1). Due to a significant shift in the local, state and national economies over the past two years, the <br /> owner of the property, the Heinecke Family Trust, has been unable to secure a tenant(s) necessary to <br /> begin construction of the building. <br /> Entitlements for development projects expire two years from the date of approval unless construction <br /> has commenced. Since construction has yet to begin, the applicant would like to maintain the <br /> entitlements for the variance and minor exception and is requesting an extension. Section 41-647 of <br /> the Santa Ana Municipal Code (SAMC) requires the City Council to approve any request for an <br /> extension of entitlements. Although the project has yet to be submitted into plan check, the applicant is <br /> hopeful that the current economic conditions will improve in the near future and allow construction to <br /> commence. As a result, staff recommends that the entitlements for the commercial building be <br /> extended by a period of one year. <br /> ENVIRONMENTAL IMPACT <br /> In accordance with the California Environmental Quality Act, this project is exempt from CEQA per <br /> Section 15061 (b)(3). This determination has been made as it has been determined that the proposed <br /> <br /> action will not cause a significant effect on the environment. <br /> 55A-1 <br /> <br />