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Home My WebLink About55F - RESO CUP MAJESTY RESTAURANTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 4, 2018 TITLE: APPROVE A RESOLUTION EXTENDING CONDITIONAL USE PERMIT NOS. 2016-29, 2016-30 AND 2016-33 FOR THE MAJESTY RESTAURANT LOCATED AT 5015 WEST EDINGER AVENUE, UNIT V {STRATEGIC PLAN NO. 3,2) CITYkj•NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving a one-year extension of Conditional Use Permit Nos. 2016-29, 2016-30 and 2016-33 for the Majesty Restaurant located at 5015 West Edinger Avenue, Unit V. DISCUSSION In November 2016, the City Council affirmed the Planning Commission's decision to approve three conditional use permits for The Majesty Restaurant located at 5015 West Edinger, Unit V. Specifically, the conditional use permits were to allow the sale and consumption of alcoholic beverages within an adjacent tenant space that the restaurant leased (Unit Z), allow the after-hours operation of the restaurant (until 2 a.m.), and allow a banquet facility within the existing restaurant. Due to a transition in management and ownership of the restaurant, the applicant has been unable to move forward with the permitting for the restaurant expansion. As a result, the entitlements for the site are ready to expire. Pursuant to Section 41-647 of the Santa Ana Municipal Code (SAMC), conditional use permits (CUP) automatically become void should the property owner fail to institute an action to comply with the provisions of the CUP within two years of its approval. This section of the code also allows the property owner to request an extension of the entitlement up to a period of three years from the date of expiration. Although the permitting process has yet to begin, the applicant would like to maintain the entitlements for the conditional use permit and is requesting a one-year extension of the CUP. The applicant has secured the expertise of an architect and is expecting to submit plans into building plan check before the end of the year. Since the applicant is planning to move forward with the project, the Planning Division recommends that the entitlements for the restaurant be extended by a period of one year from the date of City Council approval. 55F-1 Extension of CUP Nos. 2016-29, 2016-30 and 2016-33 The Majesty Restaurant December 4, 2018 Page 2 CEQA COMPLIANCE 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 found that the proposed action does not have the potential to cause a significant effect on the environment. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. O ` Minh Thai Executive Director Planning and Building Agency VF: s1RFCA\CUP Nos. 2016-29,30 & 33 extension Exhibit: 1. Resolution 55F-2 LS 12.4.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING CONDITIONAL USE PERMIT NOS. 2016-29, 2016-30 AND 2016-33 FOR ONE YEAR FOR THE MAJESTY RESTAURANT LOCATED AT 5015 WEST EDINGER AVENUE, UNIT V BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In November of 2016, the City Council affirmed the Planning Commission's recommendation to approve Conditional Use Permit No. 2016-29 to allow The Majesty Restaurant to sell alcoholic beverages for on -premises consumption within a tenant space that the restaurant expanded into at 5015 West Edinger Avenue, Unit V. B. Further, in November of 2016, the City Council also affirmed the Planning Commission's recommendation to approve Conditional Use Permit No. 2016-30 to allow The Majesty Restaurant the ability to operate after hours (until 2 a.m.) at 5015 West Edinger Avenue, Unit V. C. Finally, in November of 2016, the City Council affirmed the Planning Commission's recommendation to approve Conditional Use Permit No. 2016-33 to allow The Majesty Restaurant the ability to operate a banquet facility at the restaurant located at 5015 West Edinger Avenue, Unit V. D. Due to a change in ownership and management, the Applicant has been unable to move forward with the improvements on-site and is requesting an extension for the conditional use permits. It is the Planning Division's policy to recommend no more than one-year extensions, in an effort to encourage the timely construction of previously approved projects. E. The Applicant has secured the necessary team of experts, including an architect and project manager, to prepare construction plans for submittal into Building plan check. The Applicant expects to submit into Building plan check by the end of the year and start construction early next year. F. Pursuant to City of Santa Ana Municipal Code Section 41-647, where construction does not commence, these types of entitlements expire after two (2) years unless the applicant applies for, and the City Council approves, an extension, Resolution No. 2018-xx 55F-3 Page 1 of 3 G. The extension request came before the City Council on December 4, 2018. H. 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 does not have the potential to cause a significant effect on the environment. Section 2. Conditional Use Permit Nos. 2016-29, 2016-30 and 2016-33 are hereby extended for a period of one (1) year from the date of the original approval to November 2019. This decision is based upon the evidence submitted, which includes, but Is not limited to: the Request for Council Action dated December 4, 2018, and exhibits attached thereto, and any public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of December, 2018. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:1 Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Resolution No. 2018 -XXX Page 2 of 3 Miguel A. Pulido Mayor 55F-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018- to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date; Clerk of the Council City of Santa Ana Resolution No. 2018-xx 55F-5 Page 3 of 3 55F-6