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REQUEST FOR <br />COUNCIL ACTION <br />MM <br />CITY COUNCIL MEETING DATE; <br />611 1 <br />r • <br />CLERK OF COUNCIL USE ONLY; <br />S-'• r, <br />0 As Recommended <br />Q As Amended <br />0 Ordinance on 151 Reading <br />❑ Ordinance on 2nd Reading <br />II Implementing Resolution <br />0 Set Public Hearing For <br />In August 2013, the City Council affirmed the Planning Commission's decision to approve <br />Conditional Use Permit No; 2013 -19 and allow a Type 41 ABC license for the Downtown 414 <br />Restaurant at 414 West Fourth Street. The conditional use permit allowed the on- premise sale and <br />consumption of beer and wine within a new restaurant that was proposed to open in the Downtown <br />area of the City. Due to a significant shift in the overall economy over the past few years, the <br />applicant has been unable to move forward with the restaurant project. As a result, the entitlement <br />for the site is ready to expire, However, in August 2015, the applicant decided to move forward <br />with the restaurant and submitted a request to extend his entitlement. <br />Pursuant to section 41 -647 of the Santa Ana Municipal Code (SAMC), conditional use permits <br />(CUP) automatically become void should the property owner fail to institute an action to comply <br />with the provisions of the CUP within two years of its approval. This section of the code also allows <br />the property owner to request an extension of the entitlement up to a period of three years from the <br />date of expiration. Although construction has yet to begin, the applicant would like to maintain the <br />entitlements for the conditional use permit and is requesting a one year extension of the CUP. The <br />applicant has secured the expertise of a new architect and is in the process of submitting plans into <br />Building plan check. Since the applicant is expecting to move forward with the project later this <br />year, the Planning Division recommends that the entitlements for the ABC license be extended by <br />a period of one year from the date of City Council approval. <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 <br />proposed action will not cause a significant effect on the environment. <br />55C -1 <br />