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HomeMy WebLinkAbout55A - RESO - CUP 1600 E FIRST STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 18, 2014 TITLE: EXTENSION OF CONDITIONAL USE PERMIT NO. 2010 -15 TO ALLOW A CARE HOME FOR THE ELDERLY AT 1600 EAST FIRST STREET — FARAMARZI FAMILY TRUST, APPLICANT CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving the extension of Conditional Use Permit No. 2010 -15. DISCUSSION In March 2011, the City Council approved Conditional Use Permit No. 2010 -15 to allow a care home at 1600 East First Street. The conditional use permit allowed the conversion of an existing hotel and restaurant into a licensed residential care facility for the elderly (RCFE). Due to a weak economy over the past few years, the Faramarzi Family Trust had been unable to secure the funds necessary to begin the project. As a result, the entitlements for the site are ready to expire. Pursuant to Section 41 -647 of the Santa Ana Municipal Code (SAMC), conditional use permits (CUP) automatically become void should the property owner fail to institute an action to comply with the provisions of the CUP within two years of its approval. This section of the code also allows the property owner to request an extension of the entitlement up to a period of three years from the date of expiration. Since construction has yet to begin, the applicant would like to maintain the entitlements for the conditional use permit and is requesting a one -year extension of the entitlements. The applicant is in the process of vacating the building and has been working with a new architect to prepare construction plans for submittal into Building plan check. Further, the applicant is working to bring in foreign investors as well as local financial institutions to provide funding for the project. Since the applicants are hopeful that they can move forward this year, the Planning Division recommends that the entitlements for the licensed residential care facility for the elderly (RCFE) be extended by a period of one year from the date of approval to March 7, 2015. This will be the second one -year extension request for the property with one additional year available if needed. 55A -1 Extension of CUP No. 2010 -15 March 18, 2014 Page 2 Environmental Impact 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 will not cause a significant effect on the environment. FISCAL IMPACT There is no fiscal impact associated with this action. Karen Haluza Interim Executive Director Planning and Building Agency AN:rb AN \CC \CUP 10- 15EMenslon=2014 55A -2 ROH — 03/18/14 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2010 -15 FOR ONE YEAR FOR THE PROPERTY LOCATED AT 1600 EAST FIRST 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. In March of 2011, the City Council approved Conditional Use Permit No. 2010 -15 to allow the conversion of an existing hotel and restaurant into a licensed residential care facility for the elderly (RCFE) at 1600 East First Street. B. On May 6, 2013, the City Council approved a one (1) year extension of Conditional Use Permit No. 2010 -15. C. The applicant has requested another one (1) year extension for Conditional Use Permit No. 2010 -15. It is the Planning Division's policy to recommend no more than one year extensions, mainly in an effort to encourage the construction of previously approved projects. As a result, the Planning Division recommends that the entitlements for the project be extended by a period of one (1) year to March 7, 2015. D. The extension request came before the City Council on March 18, 2014. E. Due to a weak economy over the past few years, the applicant had been unable to secure the funds necessary to begin the project. However, the applicant is in the process of vacating the building and has been working with a new architect to prepare construction plans for submittal into Building plan check. Further, the applicant is working to bring in foreign investors as well as local financial institutions to provide funding for the project. 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. The extension may not be for a period or periods exceeding three (3) years in total beyond the date it would otherwise become void. 55A -3 Resolution No. 2014 -XXX Page 1 of 3 G. 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 will not cause a significant effect on the environment. Section 2. Conditional Use Permit No. 2010 -15 is hereby extended for a period of one (1) year to March 7, 2015. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated March 18, 2014, 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 _ day of March, 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney In Ryan O. Hodge Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2014 -XXX 55A -4 Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014- 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 55A -5 Resolution No Page 3 of 3 'P�PM