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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />DECEMBER 17, 2012 <br />TITLE: <br />EXTENSION OF CONDITIONAL USE PERMIT <br />NOS. 2008-27 AND 2008-31 TO ALLOW THE <br />CONSTRUCTION OF A NEW PHARMACY AT <br />115 NORTH HARBOR BOULEVARD <br />l <br />CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />? As Recommended <br />? As Amended <br />? Ordinance on 1s` Reading <br />? Ordinance on 2nd Reading <br />? Implementing Resolution <br />? Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Adopt a resolution approving the extension of Conditional Use Permit Nos. 2008-27 and 2008-31. <br />DISCUSSION <br />In November 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 <br />conditional use permits allowed a drive through window operation for the pharmacy as well as a <br />Type 21 (off-sale beer, wine and distilled spirits) Alcohol Beverage Control license. Due to a <br />significant shift in the local, state and national economies that occurred a few years ago, Rite-Aid <br />made the decision to abandon the project. The property owner has been in negotiations with other <br />similar pharmacy operators in an effort to occupy the site and is still in discussions with Walgreen's <br />in an attempt to secure their business for the property. The negotiations are on-going; however, <br />the entitlements for the site are ready to expire. <br />Entitlements for development projects expire two years from the date of approval unless <br />construction has commenced. Since construction has yet to begin, the applicant would like to <br />maintain the entitlements for the conditional use permits and is requesting a third and final <br />extension. Section 41-647 of the Santa Ana Municipal Code (SAMC) requires the City Council to <br />approve any request for an extension of an entitlement. The first extension requested by the <br />applicant was approved by the City Council on November 15, 2010 for a one year time period. The <br />second extension was granted on November 28, 2011. Although the project has yet to be <br />submitted into building plan check, the applicant is hopeful that the recent shift in economic <br />conditions will allow a deal to be reached shortly and plans submitted into building plan check <br />within the next few months. As a result, the Planning Division and Police Department recommend <br />that the entitlements for the pharmacy building be extended by a period of one year from date of <br />original approval to November 16, 2013. If construction has not commenced by this date, the <br />approved project will become void, with any new project having to restart the entitlement process <br />with a site plan review submittal. <br />55A-1