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HomeMy WebLinkAbout2010-021 - Extension of Conditional Use Permit No. 2008-01KO - 6/1/10 RESOLUTION NO. 2010-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2008-01 AS CONDITIONED, CONDITIONAL USE PERMIT NO. 2008-02 AS CONDITIONED, AND VARIANCE NO. 2008-02 AS CONDITIONED FOR ONE YEAR FOR THE PROPERTY LOCATED AT 1005 SOUTH HARBOR BOULEVARD 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 March 24, 2008 the Planning Commission received and filed the Zoning Administrator's action approving Conditional Use Permit No. 2008-01 as conditioned to allow a Type 41 Alcohol Beverage Control license in order to sell beer and wine for on-premise consumption at 1005 South Harbor Boulevard. B. On April 7, 2008, the City Council received and filed the Planning Commission's action approving Conditional Use Permit No. 2008-02, as conditioned to allow restaurant use within the North Harbor Specific Plan zoning district, and Variance No.2008-01, as conditioned to allow a reduction in the front yard landscaped setback for the property located at 1005 South Harbor Boulevard. C. The applicant has requested a one year extension for Conditional Use Permit No. 2008-01, Conditional Use Permit No. 2008-02 and Variance No. 2008-01. D. The extension request came before the City Council on June 7, 2010. E. The project has been delayed according to the applicant due to the current economic environment. F. Pursuant to City of Santa Ana Municipal Code section 41-647, where construction does not commence these types of entitlements expire after two years unless the applicant applies for, and the City Council approves, an extension. G. In accordance with the California Environmental Quality Act, this project is exempt from CEQA per Section 15061 (b)(3). This determination has been Resolution No. 2010-021 Page 1 of 2 made as it has been determined that the proposed action will not cause a significant effect on the environment. Section 2. Conditional Use Permit No. 2008-01 as conditioned, Conditional Use Permit No. 2008-02 as conditioned and Variance No. 2008-01, as conditioned are hereby extended for a period of one (1) year from the date of this Resolution. This decision is based upon the evidence submitted, which includes but is not limited to the Request for Council action dated June 7, 2010 and exhibits attached thereto, and any public testimony, all of which are incorporated hereby 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 7th day of June, 2010. I~Afi~I A. Pulido APPROVED AS O FORM: Joseph W Cher- City A me r; By: ~ ~~~ K .Otto ' tant City Attorney AYES: Councilmembers: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero, Pulido (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010-021 to be the original resolution adopted by the City Council of the City of Santa Ana on June 7, 2010. Date: ~ ~~ ` ~ffJ ,~- .~ Clerk of the Council "~ City of Santa Ana Resolution No. 2010-021 Page 2 of 2