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Home My WebLink About31A - 3801 S BRISTOL ST REQUEST FOR COUNCIL ACTION ~-~ ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: j. FEBRUARY 21, 2006 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, APPLICANT a<<tv Q@~~R 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 the 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 lawsuit that has prevented them from proceeding with the project plans. Chevron is requesting a second one-year extension of its entitlements, which are due to expire in February 2006 (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 approval of the one-year extension of the entitlements as the extension should be sufficient for the project's completion. The applicant may reapply for one more extension should the legal proceedings continue to prevent them from beginning construction. 31A-1 Extension of Entitlements for Conditional Use Permit No. 2002-31 and Conditional Use Permit No. 2002-32 February 21, 2006 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 as 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. ay M. Trevino cutive Director Planning & Building Agency VF:rb vf\reports\CUP02-31&CUP02-32extension.cc 31A-2 ~~ John W Johnson Co-President Architect Brian F. Zita Co-President Architect John B. Hicks Vice President Regional Managers Jesse E. Macias Roy W Pedro Alan K. Shimabukuro John W Strobel Established 1966 Offices ANAHEIM, CA BELLEVUE, WA CAMAS, WA MARTINEZ, CA PETALUMA, CA ROSEVILLE, CA SCOTTSDALE, AZ www.rhldesign.com ARCHITECTURE ENGINEERING ENVIRONMENTAL SERVICES 2401 East Katelta Avenue, Suite 400, Anaheim, CA 92806 Telephone: (114) 935-0050 Facsimile: (714) 935-0051 Fe' , III ~.: December 19,2005 i Vc I::/ij fl, Uet;? . ~ I l005 'li(API.,', "/'I/I';'i',,, .. "'/i,. .. fir'/;. J',('PT t:' City of Santa Ana Planning and Building Agency 20 Civic Center Plaza Santa Ana, Ca 92702 Attn: 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 approvals: Chevron Products Company would like to request that the CUP-2002-21/32 granted on January 27, 2003 for this project be extended for a period of one year. These approvals allow a gas station and convenience store and 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 a capital investment in this project until the suit is resolved. This lawsuit is unrelated to the CUP or any other approval from 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 ofthe necessary drawings for this reconstruction project and the Building Department had approved plans on 10/16/03. No building permit was issued due to the unfortunate delay of the lawsuit. We anticipate that once the legal obstacles are removed, we will need to re-process the construction documents for 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 one year, until January 2007. This additional time will allow the legal proceedings to be completed and for us to re-process the construction documents for building permits. If you have any questions, please do not hesitate to contact me at (714) 935-0050 Sincerely, RHL Design Group, Inc. ~~-~ Tamara Fenner Entitlements Manager CC: Verny Carvajal, Project Planner EXHIBIT 1 31A-3 f'pr",lc,'t'()k'.(jOl)~ ] (}",dOCS\Clll) extenSion l~l()U" do( KO - 2/14/06 RESOLUTION NO. 2006- 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. On February 22, 2005 the City Council granted a one year extension of Conditional Use Permit No. 2002-31 and Conditional Use Permit No. 2002-32. C. The applicant has requested an additionally extension of Conditional Use Permit No. 2002-31 and Conditional Use Permit No. 2002-32. D. The extension request came before the City Council on February 22, 2005. E. 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. F. 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. 2006- Page 1 of 2 31A-4 ADOPTED this _ day of February, 2006. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Council members 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. 2006- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2006- Page 2 of 2 Clerk of the Council City of Santa Ana 31A-5 31A-6