HomeMy WebLinkAbout2010-053 - Permit No. 2008-31 for One Year for the Property Located at 115 North Harbor Boulevard•
RESOLUTION NO. 2010-053
ROH - 11/15/10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA FOR THE EXTENSION OF CONDITIONAL
USE PERMIT NO. 2008-27 AS CONDITIONED AND
CONDITIONAL USE PERMIT NO. 2008-31 FOR ONE
YEAR FOR THE PROPERTY LOCATED AT 115 NORTH
HARBOR BOULEVARD
is
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. On November 17, 2008, the City Council approved Conditional Use Permit
No. 2008-27, as conditioned, and Conditional Use Permit No. 2008-31, as
conditioned, to allow a drive through window operation for the pharmacy
and a Type 21 Alcohol Beverage Control license in order to sell beer, wine,
and distilled spirits for off-premise consumption at 115 North Harbor
Boulevard.
B. The applicant has requested a two year extension for Conditional Use
Permit Nos. 2008-27 and 2008-31, but it is the Planning Division's policy
to recommend one year extensions, mainly in an effort to encourage the
construction of previously approved projects.
C. The extension request came before the City Council on November 15,
2010.
D. According to the applicant, the project has been delayed due to the
current economic environment, which led to Rite-Aid deciding to abandon
the project. However, the applicant is now working with CVS Pharmacy to
occupy the site.
E. Pursuant to City of 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.
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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. 2010-053
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Section 2. Conditional Use Permit No. 2008-27, as conditioned, and
Conditional Use Permit No. 2008-31, as conditioned, are hereby extended for a period
of one (1) year from the date of this Resolution. This decision is based upon the
evidence submitted, which includes but is not limited to the Request for Council action
dated November 15, 2010, 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 15th day of November, 2010.
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attojj)ey
Byrd 1 V
Rya O.' H
Assi ant (
AYES:
NOES
ABSTAIN
ge
Attorney
Councilmembers: Alvarez Benavides Bustamante, Martinez
Sarmiento Tinaiero Pulido (7)
Councilmembers: None (0)
Councilmembers: None (0)
NOT PRESENT: Councilmembers: None (0)
Resolution No. 2010-053
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2010-053 to be the original resolution adopted by the City Council of the
City of Santa Ana on November 15, 2010.
Date:
Clerk of the Council
City of Santa Ana
C
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Resolution No. 2010-053
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