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<br /> <br /> <br /> REQUEST FOR <br /> <br /> COUNCIL ACTION <br /> `S <br /> CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: <br /> NOVEMBER 15, 2010 <br /> <br /> TITLE: APPROVED <br /> ? As Recommended <br /> EXTENSION OF CONDITIONAL USE PERMIT ? As Amended <br /> NOS. 2008-27 AND 2008-31 TO ALLOW THE El ordinance on 151 Reading <br /> ? Ordinance on 2"d Reading <br /> CONSTRUCTION OF A NEW PHARMACY AT ? Implementing Resolution <br /> 115 NORTH HARBOR BOULEVARD ? Set Public Hearing For <br /> CONTINUED TO <br /> FILE NUMBER <br /> CITY MANAGER <br /> <br /> RECOMMENDED ACTION <br /> <br /> Adopt a resolution approving the extension of Conditional Use Permit Nos. 2008-27 and 2008-31. <br /> <br /> DISCUSSION <br /> <br /> On November 17, 2008, the City Council approved Conditional Use Permit Nos. 2008-27 and 2008-31 <br /> to allow the construction of a new Rite-Aid Pharmacy at 115 North Harbor Boulevard. The conditional <br /> use permits allowed a drive through window operation for the pharmacy and a Type 21 (off-sale beer, <br /> wine and distilled spirits) Alcohol Beverage Control license for the pharmacy. Due to a significant shift <br /> in the local, state and national economies over the past two years, Rite-Aid recently made the decision <br /> to abandon the project. The property owner has since secured an agreement with KZ DevCo, LP, who <br /> has been working with CVS Pharmacy in an effort to occupy the site. The project negotiations are <br /> nearly completed; however, the entitlements for the site are ready to expire. <br /> <br /> Pursuant to Section 41-647 of the Santa Ana Municipal Code (SAMC), conditional use permits (CUP) <br /> automatically become void should the property owner fail to institute an action to comply with the <br /> provisions of the CUP within two years of its approval. This section of the code also allows the property <br /> owner to request an extension of the entitlement up to a period of three years from the date of <br /> expiration. Since construction has yet to begin, the applicant would like to maintain the entitlements for <br /> the conditional use permits and is requesting an extension (Exhibit 1). Although the applicant is <br /> requesting a two year extension, it is the Planning Division's policy to recommend one year extensions, <br /> mainly in an effort to encourage the construction of previously approved projects. The applicant retains <br /> the ability to request another extension next year in the event construction still has not commenced. <br /> Therefore, the Planning Division and Police Department recommend that the entitlements for the <br /> pharmacy building and ABC license be extended by a period of one year from the date of approval to <br /> November 16, 2011. <br /> <br /> <br /> <br /> <br /> <br /> <br /> 55A-1 <br />