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Home My WebLink About55C - RESO - CUP - ABC- 414 W 4TH STREQUEST FOR COUNCIL ACTION MM CITY COUNCIL MEETING DATE; 611 1 r • CLERK OF COUNCIL USE ONLY; S-'• r, 0 As Recommended Q As Amended 0 Ordinance on 151 Reading ❑ Ordinance on 2nd Reading II Implementing Resolution 0 Set Public Hearing For In August 2013, the City Council affirmed the Planning Commission's decision to approve Conditional Use Permit No; 2013 -19 and allow a Type 41 ABC license for the Downtown 414 Restaurant at 414 West Fourth Street. The conditional use permit allowed the on- premise sale and consumption of beer and wine within a new restaurant that was proposed to open in the Downtown area of the City. Due to a significant shift in the overall economy over the past few years, the applicant has been unable to move forward with the restaurant project. As a result, the entitlement for the site is ready to expire, However, in August 2015, the applicant decided to move forward with the restaurant and submitted a request to extend his entitlement. 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. Although 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 CUP. The applicant has secured the expertise of a new architect and is in the process of submitting plans into Building plan check. Since the applicant is expecting to move forward with the project later this year, the Planning Division recommends that the entitlements for the ABC license be extended by a period of one year from the date of City Council approval. 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. 55C -1 Extension of CUP No. 2013 -19 November 17, 2015 Page 2 Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective #4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). FISCAL IMPACT There is no fiscal impact associated with this action. Hassan N , UAICP Executive Director Planning and Eullding Agency VF.rb ArepofWCUM UPI P0 exlenelen,cc 55C -2 LS 11.3.15 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NQ, 2013 -19 FOR A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE FOR ONE YEAR FOR THE PROPERTY LOCATED AT 414 WEST FOURTH 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 August of 2013, the City Council affirmed the Planning Commission's recommendation to approve Conditional Use Permit No. 2013 -19 to allow the Downtown 414 Restaurant the ability to sell beer and wine for on- premise consumption in conjunction with a new restaurant at 414 West Fourth Street. B. The applicant has requested a one year extension for Conditional Use Permit No. 2013 -19. 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. C. The extension request came before the City Council on November 17, 2015. D. 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 has secured an architect to prepare construction plans for submittal into Building plan check. The applicant is expecting to start construction on the project later this year. E. 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. F. 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. Resolution No. 2015 -XXX 55C -3 Page 1 of 3 Section 2. Conditional Use Permit No. 2013 -19 is hereby extended for a period of one (1) year from the date of the original approval to August 12, 2016. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated November 17, 2015, 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 17th day of November, 2015. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney BY: �- Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Resolution No, 2015 -XXX Page 2 of 3 Miguel A. Pulido Mayor 55C -4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015- to be the original resolution adopted by the City Council of the City of Santa Ana on 2015, Date: Clerk of the Council City of Santa Ana Resolution No. 2015 -XXX 55C -5 Page 3 of 3 55C -6