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REQUEST FOR <br /> COUNCIL ACTION <br /> CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: <br /> MAY 3, 2010 _ <br /> TITLE: APPROVED <br /> ? As Recommended <br /> EXTENSION OF VARIANCE NO.2008-03 TO ? As Amended <br /> ALLOW THE CONSTRUCTION OF TWO ? Ordinance on 1St Reading <br /> ? Ordinance on 2"d Reading <br /> COMMERCIAL BUILDINGS AT 1501 WEST ? Implementing Resolution <br /> MACARTHUR BOULEVARD ? Set Public Hearing For <br /> CONTINUED TO <br /> i <br /> FILE NUMBER <br /> C TY MANAGER <br /> RECOMMENDED ACTION <br /> Adopt a resolution approving the extension of Variance No. 2008-03. <br /> DISCUSSION <br /> In May 2008, the City Council approved General Plan Amendment No. 2008-02, Amendment <br /> Application No. 2008-02 and Variance No. 2008-03 to allow the construction of two commercial <br /> buildings at the northeast corner of MacArthur Boulevard and Plaza Drive. The general plan <br /> amendment and amendment application (zone change) were to redesignate the properties to allow <br /> commercial uses, while the variance allowed a reduction in the landscaped setbacks (Exhibit 1). Due to <br /> a significant shift in the local, state and national economies over the past two years, Newport Real <br /> Estate Services Inc. has been unable to secure the tenants necessary to begin construction. <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 /> entitlement for the variance and is requesting an extension. As the general plan amendment and <br /> rezoning are permanent actions, no extension of these entitlements is needed. However, Section 41- <br /> 647 of the Santa Ana Municipal Code (SAMC) requires the City Council to approve any request for an <br /> extension of a variance. The project is currently in building plan check and permits are ready to be <br /> issued. The applicant is hopeful that the economic conditions will improve in the near future and allow <br /> construction to commence. As a result, staff recommends that the entitlements for the commercial <br /> buildings be 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 />