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HomeMy WebLinkAbout2018-089 - Extending Conditional Use Permit Nos. 2016-29LS 12.4.18 RESOLUTION NO. 2018-089 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. 2018-089 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 4th day of December, 2018. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers Benavides Martinez, Pulido, Solorio Tinaiero Villegas (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Sarmiento (1) Resolution No. 2018-089 Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. 2018 -089 to be the original resolution adopted by the City Council of the City of Santa Ana on December 4, 2018. Date: -Y/ Marid D. Huizar Clerk of the Council City of Santa Ana Resolution No. 2018-089 Page 3 of 3