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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />OCTOBER 18, 2016 <br />TITLE; <br />EXTENSION OF CONDITIONAL USE <br />PERMIT NO. 2013-19 FOR A TYPE 41 ABC <br />LICENSE FOR THE DOWNTOWN 414 <br />RESTAURANT TO BE LOCATED AT 414 <br />WEST FOURTH STREET <br />{STRATEGIC PLAN NO. 3, 2, 4} <br />CITY MANJR <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />_-2100 N <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 Conditional Use Permit No. 2013-19. <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 Downtown. <br />Due to a significant shift in the overall economy, the applicant has been unable to move forward <br />with the restaurant project. As a result, the entitlement for the site is ready to expire. However, in <br />August 2015, the applicant decided to move forward with the restaurant and submitted a request to <br />extend his entitlement, which the City Council granted. However, due to various reasons, the <br />applicant was not able to move forward with the restaurant. <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 second one-year extension of the <br />CUP. The applicant has secured the expertise of a new architect and is expecting to submit plans <br />into Building plan check before the end of the year. Since the applicant is planning to move <br />forward with the project, the Planning Division recommends that the entitlements for the ABC <br />license be extended by a period of one year from the date of City Council approval. <br />55A-1 <br />