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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />APRIL 5, 2010 <br />TITLE: <br />EXTENSION OF VARIANCE NO. 2007-09 AND <br />MINOR EXCEPTION NO. 2007-04 TO ALLOW <br />THE CONSTRUCTION OF A COMMERCIAL <br />BUILDING AT 2230 NORTH TUSTIN AVENUE <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 151 Reading <br />❑ Ordinance on 2nd Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For_ <br />CONTINUED TO <br />FILE NUMBER <br />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 />action will not cause a significant effect on the environment. <br />55A -1 <br />