HomeMy WebLinkAbout2016-081 - Extentsion of Conditional Use Permit No. 2013-19LS 10.18.16
RESOLUTION NO. 2016 -081
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA FOR THE EXTENSION OF CONDITIONAL
USE PERMIT NO. 2013 -19 FOR A TYPE 41 ALCOHOL
BEVERAGE CONTROL LICENSE FOR AN ADDITIONAL
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 at a new restaurant at 414 West Fourth Street.
B. Pursuant to City of Santa Ana Municipal Code section 41 -647, where
construction does not commence, these types of entitlements become
void after two (2) years unless the applicant applies for, and the City
Council approves, an extension.
C. Due to various reasons, the applicant has not been unable to begin the
project. However, the applicant has secured the expertise of a new
architect and is expecting to submit plans into Building plan check before
the end of this year.
D. The Santa Ana Municipal Code allows the property owner to request an
extension of the entitlement up to a period of three (3) years from the date
of expiration. The applicant previously requested a one -year extension for
Conditional Use Permit No. 2013 -19 which was granted by City Council in
November 2015.
E. The second one -year extension request came before the City Council on
October 18, 2016.
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. 2016 -081
Page 1 of 3
Section 2. Conditional Use Permit No. 2013 -19 is hereby extended for the
second period of one (1) year. This decision is based upon the evidence submitted,
which includes, but is not limited to, the Request for Council Action dated October 18,
2016, 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 18th day of October, 2016.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:f
Lisa Storck
Assistant City Attorney
AYES: Councilmembers Amezcua Benavides Pulido Reyna Tinaiero (5)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers Martinez Sarmiento (2)
Resolution No. 2016 -081
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. 2016 -081 to be the original resolution adopted by the City Council of the
City of Santa Ana on October 18, 2016.
Date: 101cl 7 v 4'
Ala
Maria D. Huizar
Clerk of the Council
City of Santa Ana
Resolution No. 2016 -081
Page 3 of 3