TO: Chair and Members of the Planning Commission
THRU: Anna Pehoushek, Assistant Community Development Director
FROM: Monique Schwartz, Senior Planner
1. Subject
title
Approval of time extension for the Shell Service Station Remodel and New Drive-Through Automatic Car Wash located at 2640-2658 N. Santiago Boulevard (Conditional Use Permit No. 3039-17, Conditional Use Permit No. 3054-17, Design Review No. 4898-17, and Minor Site Plan Review No. 0896-17).
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2. Summary
A request to extend the entitlements for a proposal to renovate an existing full-service gas station to include the conversion of existing service bays to convenience store area, expansion of the convenience store building, construction and operation of a new drive-through automatic car wash, related site improvements, and the sale of alcoholic beverages for off-site consumption.
3. Recommended Action
recommendation
Approve a one-year time extension for all entitlements, including Conditional Use Permit No. 3039-17, Conditional Use Permit No. 3054-17, Design Review No. 4898-17, and Minor Site Plan Review No. 0896-17.
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4. AUTHORIZING GUIDELINES
Orange Municipal Code (OMC) Section 17.08.060 authorizes the body granting final approval for a land use entitlement (in this case the Planning Commission) to extend the period upon which to commence use or construction of the land use entitlement by a period of up to one year. The person seeking such an extension must submit a written request to the Community Development Director in a form acceptable to the Director. The written request should be submitted at least 45 days prior to the expiration date and at a minimum shall explain the extenuating circumstances that have delayed construction or use of the land use entitlement. A request for an extension shall not require public notice provided that no conditions or other requirements are added, deleted, or modified.
5. DISCUSSION AND background
On November 15, 2021, the Planning Commission adopted Resolution No. PC 28-21 (Attachment 2) approving Conditional Use Permit No. 3039-17, Conditional Use Permit No. 3054-17, Design Review No. 4898-17, and Minor Site Plan Review No. 0896-17, for the renovation of an existing full-service gas station including the conversion of existing service bays to convenience store area, expansion of the convenience store building, construction and operation of a new drive-through automatic car wash, related site improvements, and the sale of alcoholic beverages for off-site consumption.
Because the Project’s scope of work necessitates upgrades to existing electrical services, the applicant has been working in collaboration with Southern California Edison (SCE) for several months; however, the review and coordination has taken longer than anticipated and the applicant has been unable to commence use or construction in accordance with approvals. On February 21, 2024, the Community Development Department received a written request from the property owner, Surinder Multani (Attachment 1) requesting the additional time to commence use or construction as he completes the construction documents.
Although Conditional Use Permit Nos. 3039-17 and 3054-17 may continue to be effective based on, at minimum, the applicant’s efforts to commence use and begin substantial construction within two years, Minor Site Plan Review No. 0896-17 and Design Review No. 4898-17 have expired based on OMC Sections 17.10.060.I and 17.10.070.H, which require that the approvals be utilized within two years or expire. To ensure that the applicant may proceed with the approved project, staff is requesting that all entitlements for the project be extended for an additional year. The proposed time extension would be for one year from the date of project approval and to expire on November 15, 2024.
11. ATTACHMENTS
• Attachment 1 Letter from Surinder Multani dated February 20, 2024
• Attachment 2 Planning Commission Resolution No. PC 28-21 dated November 15, 2021
• Attachment 3 Planning Commission Staff Report dated November 15, 2021
• Attachment 4 Planning Commission Minutes dated November 15, 2021
• Attachment 5 Planning Commission Approved Project Plans