55C - RESO - EXTENSION OF VARIANCE

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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 6, 2011 TITLE: EXTENSION OF VARIANCE NO. 2007-09 AND MINOR EXCEPTION NO. 2007-04 TO ALLOW THE CONSTRUCTION OF A COMMERCIAL BUILDING AT 2230 NORTH TUSTIN AVENUE i? CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1 s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution approving the extension of Variance No. 2007-09. 2. Adopt a resolution approving the extension of Minor Exception No. 2007-04. DISCUSSION In March 2008, the City Council approved Variance No. 2007-09 and Minor Exception No. 2007-04 to allow the construction of a 6,200 square foot commercial building on the southwest corner of Tustin and Santa Clara Avenues. The variance allowed a reduction in the landscaped setbacks and parking lot landscaping for the project, while the minor exception approved a reduction in required parking (Exhibit 1). Due to a significant shift in the local, state and national economies over the past three years, the owner of the property, Heinecke Family Trust, has been unable to secure a tenant(s) necessary to begin construction of the building. Entitlements for development projects expire two years from the date of approval unless construction has commenced. Since construction has yet to begin, the applicant would like to maintain the entitlements for the variance and minor exception and is requesting another extension. However, Section 41-647 of the Santa Ana Municipal Code (SAMC) requires the City Council to approve any request for an extension of entitlements. The first extension requested by the applicant was approved by the City Council on April 5, 2010 for a one year time period. Although the project has yet to be submitted into building plan check, the applicant has stated that there is some interest in the site. The applicant is hopeful that the economic conditions will improve in the near future and allow construction to commence. As a result, staff recommends that the entitlements for the commercial building be extended by a period of one year to March 2012. ENVIRONMENTAL IMPACT 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. 55C-1