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Home My WebLink About55A - RESO - VARIANCE 2702 N BRISTOLREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 15, 2016 TITLE; EXTENSION OF VARIANCE NO. 2012 -07 TO ALLOW THE CONSTRUCTION OF A NEW COMMERCIAL BUILDING AT 2702 NORTH BRISTOL STREET {STRATEWLA 3, 2} CIT Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: CI As Recommended ❑ As Amended ❑ Ordinance on 1 ®t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For® CONTINUED TO FILE NUMBER Adopt a resolution approving the extension of Variance No. 2012 -07. DISCUSSION In October 2012, the City Council approved Variance No. 2012 -07 to allow the construction of a new commercial building at 2702 North Bristol Street. The variance allowed the construction of a 6,900 square foot building and granted relief from the City's front and side yard setback standards. Due to a significant shift in the local, state and national economies that commenced several years ago, the property owner has been impacted by the economic downturn and has been unable to start construction of the project. As a result, the entitlement for the site is ready to expire. Entitlements for development projects expire two years from the date of approval unless construction has commenced. Since construction has yet to begin, the applicant would like to maintain the entitlement for the variance and is requesting a second extension. The applicant requested and received approval for a one year extension of the variance in October 2014. Section 41 -647 of the Santa Ana Municipal Code (SAMC) requires the City Council to approve any request for an extension of an entitlement. Although the project has yet to be submitted into building plan check, the applicant is in the process of obtaining financing to construct the proposed project. As a result, the Planning Division recommends that the entitlement for the commercial building be extended by a period of two years from date of the extended term to October 14, 2017. If construction has not commenced by this date, the project will need to be resubmitted through the City's development review process as no additional extensions are permitted by code. 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. 55A -1 2012 -07 .- New Commercial wilding at 2702 North Bristol Street March 15, 2018 Page 2 ITRA�T90IC ALAN ALIGNMENT 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). FISCAL IMPACT There is no fiscal impact associated with this action, VF;rb vArapon§WAWA1ZD7 Wanairsn2.a® Exhibit; 1. Resolution 55A -2 LS 03/15/16 RESOLUTION NO.2016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF VARIANCE NO. 2012 -07 FOR TWO YEARS FOR THE PROPERTY LOCATED AT 2702 NORTH 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. in October of 2012, the City Council approved Variance No. 2012 -07 to allow the construction of a new commercial building at 2702 North Bristol Street. B. The applicant requested and received approval for a one year extension for Variance No. 2012 -07 in October 2014. It is the Planning Division's policy to recommend extensions of one or two years in an effort to encourage the construction of previously approved projects. C. The current extension request came before the City Council on March 15, 2016. D. Due to a significant shift in the local, state and national economies that commenced several years ago, the property owner has been impacted by the economic downturn and has been unable to start construction of the project. Although the project has yet to be submitted into building plan check, the applicant is working on obtaining the financing that is needed to begin construction of the project. E. Pursuant to 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 (CEQA), 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. Variance No. 2012 -07 is hereby extended for a period of two (2) years from the date of the extended term to October 14, 2017. This decision is based upon the evidence submitted, which includes, but is not limited to, the Request for Resolution No_ 2016 -XXX 55A -3 Page 1 of 3 Council Action dated March 15, 2416, 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, 2016. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor Resolution No. 2018 -XXX Page 2 of 3 55A -4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016- to be the original resolution adopted by the City Council of the City of Santa Ana on 12016. Date: Clerk of the Council City of Santa Ana Resolution No. 2016 -XXX 55A -5 Page 3 of 3 'P�PM