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Home My WebLink About31A - 3801 S. BRISTOL ST. REQUEST FOR COUNCIL ACTION a---~\ ~~ 2::/ Gducatlol) l~. ' \~/, V ~~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 TITLE: EXTENSION OF ENTITLEMENTS FOR CONDITIONAL USE PERMIT NO. 2002-31 AND CONDITIONAL USE PERMIT NO. 2002-32 TO ALLOW THE CONSTRUCTION OF A GAS STATION AND CONVENIENCE STORE AT 3801 SOUTH BRISTOL STREET - CHEVRON PRODUCTS COMPANY, t;PLI~a__ CIT; MANAGER APPROVED o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt a resolution approving a one-year extension of Conditional Use Permit No. 2002-31. 2. Adopt a resolution approving a one-year extension of Conditional Use Permit No. 2002-32. DISCUSSION On February 18, 2003, the City Council received and filed the staff report approving Conditional Use Permit No. 2002-31 to allow the construction of a gas station and convenience store, and Conditional Use Permit No. 2002- 32 to allow after hours operation (between 12:00 midnight and 5:00 a.m.) of the facility located at 3801 South Bristol Street. Chevron Products Company, the owner of the property, has been unable to complete the construction of the project due to a recent lawsuit that prevented them from proceeding with the project plans. Chevron is requesting a three- year extension of their entitlements, which were due to expire on February 18, 2005. The city received an extension request on November 5, 2004 before the conditional use permits expired (Exhibit 1). 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 recommends a one-year extension of entitlements rather than the three years proposed by the property owner. The three years from the original date of approval should be sufficient for the proj ect' s completion. The applicant may reapply for another extension should the legal proceedings continue to prevent them from beginning construction. 31A-1 Extension of Entitlements for Conditional Use Permit No. 2002-31 Conditional Use Permit No. 2002-32 February 22, 2005 Page 2 It is therefore recommended that the entitlements for the gas station and convenience store with after-hours operation 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, Negative Declaration (Environmental Review No. 2002-270) previously prepared for this project. Mitigated has been FISCAL IMPACT There is no fiscal impact associated with this action. St~{ ~tjing Executive Director Planning & Building Agency VC:rb vc\reports\cup02-31cup02-32.extension.cc 31A-2 ,~_.~ It!!!: John W Johnson Co-President Architect Brian F. Zita Co-President Architect John B. Hicks Vice President Cecil R. Spencer Vice President Regional Managers Jesse E. Macias Roy w: Pedro Alan K. Shimabukuro John w: Strobel Blythe R. Wuson Established 1966 Offices ANAHEIM, CA BELLEVUE, WA CAMAS, WA MARTINEZ, CA PETALUMA, CA ROSEVILLE, CA SCOTTSDALE, AZ WUlW.rbUksign.ctmI ARCHITECTURE ENGINEERING ENVIRONMENTAL SERVICE 5 2401 East Katella Avenue, Suite 400, Anaheim, CA 92806 Telephone: (714) 935-0050 Facsimile: (714) 935-0051 November 5, 2004 City of Santa Ana Planning and Building Agency 20 Civic Center Plaza Santa Ana, Ca 92702 Altn: Jay Trevino, Planning Manager RE: CUP- 2002-21/32 Chevron SS#09-1921 3801 South Bristol Street Santa Ana, CA RHL IN: 0092.10 Request for extension of approval: Chevron Products Company would like to request that the CUP-2002-21132 granted on January 27, 2003 for this project be extended. We had received approvals for two Conditional Use Permits to allow a gas station and convenience store and to permit after hour operation. Chevron would like to be able to complete this project to rebuild this service station to a more modem facility. However during the process of preparing plans and obtaining permits to rebuild this site, Chevron was caught . up in a lawsuit that prevents them from making this capital investment in this project until the suit is resolved. This lawsuit is unrelated to the CUP or any other approval fonn the City of Santa Ana. At trial Chevron has received a summary judgement in their favor, but the case was appealed and we are awaiting that outcome. We had completed all of the necessary drawings for this reconstruction project and the Building Department had apPlOvcd plans on 10/16/03. No building pennit was issued due to this unfortunate delay. Due to the time elapsed we anticipate that once the legal obstacles are removed, we will need to re-process building permits due to the time that has passed. At this time, we would like to request that the existing CUP approvals be extended for 3 years until January 2008. This will allow the legal proceedings to be completed and for us to re- process the building permits for construction. If you have any questions, please do not hesitate to contact me at (714) 935-0050 CC: Verny Carvajal, Project Planner 3 ~~~~T 1 r pr\\jecl'OL.'OO\)2 10 dlles ":up :'\Il.:I1"HlnIlHI d~\c KO - 2/15/05 RESOLUTION NO. 2005-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA EXTENDING CONDITIONAL USE PERMIT NO. 2002-31 AS CONDITIONED AND CONDITIONAL USE PERMIT NO. 2002-32 AS CONDITIONED FOR ONE YEAR FOR THE PROPERTY LOCATED AT 3801 SOUTH BRISTOL STREET 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. February 18, 2003, the City Council received and filed the Planning Commission resolution approving Conditional Use Permit No. 2002-31 to allow the construction of a gas station and convenience store, and Conditional Use Permit No. 2002-32 to allow after hours operation (between 12:00 midnight and 5:00 a.m.) of the facility located at 3801 South Bristol Street. B. The applicant has requested an extension of Conditional Use Permit No. 2002-31 and Conditional Use Permit No. 2002-32. The City received the extension request on November 5, 2004. The entitlements are due to expire on February 18, 2005. C. The extension request came before the City Council on February 22, 2005. D. 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. E. In accordance with the California Environmental Quality Act, Mitigated Negative Declaration (Environmental Review No. 2002-270) 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. 2002-31 as conditioned and Conditional Use Permit No. 2003-32 as conditioned. Resolution No. 2005- Page 1 of 2 31A-4 ADOPTED this _ day of February, 2005. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-023 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2005- Page 2 of 2 Clerk of the Council City of Santa Ana 31A-5 31A-6