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REQUEST FOR Y <br /> COUNCIL ACTION ~ 1~ <br /> CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: <br /> JUNE 7, 2010 <br /> TITLE: APPROVED <br /> ? As Recommended <br /> EXTENSION OF CONDITIONAL USE PERMIT ? As Amended <br /> NOS. 2008-01 AND 2008-02 AND VARIANCE ? Ordinance on is' Reading <br /> ? Ordinance on 2"d Reading <br /> N0.2008-02 TO ALLOW THE OCCUPANCY ? Implementing Resolution <br /> OF A VACANT BUILDING AT 1005 SOUTH ? Set Public Hearing For <br /> HARBOR B EVARD <br /> CONTINUED TO <br /> FILE NUMBER <br /> CITY MANAGER <br /> RECOMMENDED ACTION <br /> Adopt a resolution approving the extension of Conditional Use Permit Nos. 2008-01 and 2008-02 and <br /> Variance No. 2008-02. <br /> DISCUSSION <br /> In April 2008, the City Council approved Conditional Use Permit Nos. 2008-01 and 2008-02 as well as <br /> Variance No. 2008-02 to allow the rehabilitation and occupancy of a commercial building that has been <br /> vacant for several years at 1005 South Harbor Boulevard. The conditional use permits allowed a <br /> restaurant use within the North Harbor Specific Plan zoning district and a Type 41 (on-sale beer and <br /> wine) Alcohol Beverage Control license for a new restaurant. Further, the variance allowed a reduction <br /> in the front yard landscaped setback (Exhibit 1). Due to a significant shift in the local, state and national <br /> economies over the past two years, Baja Fish Tacos has been unable to secure the funds necessary to <br /> rehabilitate the building and open the Contodo Mexican Grill. <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 conditional use permits and variance and is requesting an extension. Section 41- <br /> 647 of the Santa Ana Municipal Code (SAMC) requires the City Council to approve any request for an <br /> extension of an entitlement. The project has not been submitted into building plan check; however, the <br /> applicant is hopeful that a shift in economic conditions will allow plans to be submitted within the next <br /> <br /> few months. As a result, staff recommends that the entitlements for the commercial buildings be <br /> extended by a period of one year. The Police Department also supports this request. <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 /> 55B-1 <br /> <br />