HomeMy WebLinkAbout31A - 1727 EAST DYER
REQUEST FOR
COUNCIL ACTION
~
~
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
SEPTEMBER 7, 2004
TITLE:
EXTENSION OF ENTITLEMENTS FOR
CONDITIONAL USE PERMIT NO. 2002-12
AND VARIANCE NO. 2002-08 TO ALLOW
THE CONSTRUCTJ:ON OF A GAS STATION
; MINIã:Qf}ú2
CITY MANAGER
APPROVED
0 As Recommended
0 As Amended
0 Ordinance on 151 Reading
0 Ordinance on 2nd Reading
0 Implementing Resolution
0 Set Public Hearing For
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Adopt a resolution approving a one year extension of Conditional Use
Permit No. 2002-12 as conditioned.
2. Adopt a resolution approving a one year extension of Variance No.
2002-08 as conditioned.
DISCUSSION
On January 21, 2003, the City Council approved Conditional Use Permit No.
2002-12 to allow the construction of a gas station/mini-market and after
hours operation (between 12: 00 midnight and 5: 00 a. m.) of the facility.
The Council also approved Variance No. 2002-08 to allow a driveway within
150 feet of an intersection corner radius at 1727 East Dyer.
Ron Beard, the owner of the property, has been unable to secure a tenant
for the site and is requesting a three-year extension of their
entitlements, which are due to expire on January 22, 2005. The three-year
extension is being requested so that the property can be marketed, leases
negotiated, financing obtained and drawings prepared.
Santa Ana Municipal Code Section 41-647 allows the City Council by
Resolution to approve up to a three-year extension of a conditional use
permit or variance from the time that it would normally become void. The
Planning Division supports the extension request; however, since staff is
considering revisions to the City's commercial design and development
standards, the Planning Division recommends a one year extension of
entitlements rather than the three years proposed by the property owner.
Staff contends that three years from the original date of approval is
sufficient for a project of this size to be completed. Larger more
31A-1
II I
Extension of Entitlements for
Conditional Use Permit No. 2002-12
Variance No. 2002-08
September 7, 2004
Page 2
complex projects such as large mixed use developments may warrant a longer
time extension. The applicant can reapply for an additional extension if
they have not secured a tenant within that time period and the City would
review the future request based upon the circumstances and policy
direction in place at that time.
It is therefore recommended that the entitlements for the gas
station/mini-market be extended for a period of one year rather than the
three years requested by the applicant.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, Mitigated
Negative Declaration (Environmental Review No. 2000-208) has been
previously prepared for this project.
FISCAL IMPACT
There is no fiscal impact associated with this action.
sd!:/~-
Executive Director
Planning & Building Agency
BA: rb
ba \report ¡¡004 \extension of entitlementscupO¡¡ -l¡¡¡.vaO¡¡ - 08. cc
31A-2
KO - 8/30/04
RESOLUTION NO. 2004-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA EXTENDING CONDITIONAL USE PERMIT
NO. 2002-12 AS CONDITIONED AND VARIANCE NO.
2002-08 AS CONDITIONED FOR ONE YEAR FOR THE
PROPERTY LOCATED AT 1727 EAST DYER
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.
On January 21,2003, the City Council approved Conditional Use Permit
No. 2002-12, as conditioned, to allow the construction of a gas station/mini-
market and after hours operation (between 12:00 midnight and 5:00 a.m.) of
the facility, and Variance No. 2002-08, as conditioned, to allow a driveway
within 150 feet of an intersection corner radius for the property located at
1727 East Dyer.
B.
The applicant has requested an extension of Conditional Use Permit No.
2002-12 and Variance No. 2002-08. The extension request came before
the City Council on September 7, 2004.
Santa Ana Municipal Code Section 41-647 authorizes the City Council to
extend the date which a conditional use permit and variance become void
for a period for not to exceed three (3) years.
C.
In accordance with the California Environmental Quality Act, Mitigated
Negative Declaration (Environmental Review No. 2000-208) has been
previously prepared for this project.
Section 2. The City Council of the City of Santa Ana hereby, approves a one
(1) year extension of Conditional Use Permit No. 2002-12 and Variance No. 2003-08.
D.
ADOPTED this - day of
,2004.
Miguel A. Pulido
Mayor
31A-3
Resolution No. 2004-
Page 1 of 2
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By:
Kylee O. Otto
Deputy City Attorney
AYES:
Councilmembers
NOES:
Councilmembers
ABSTAIN:
Councilmembers
NOT PRESENT:
Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2004-070 to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
31A-4
Resolution No. 2004-
Page 2 of 2