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Home My WebLink About55A - EXTENT CUP AT 115 N HARBOR BLVDREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 28, 2011 TITLE: EXTENSION OF CONDITIONAL USE PERMIT NOS. 2008-27 AND 2008-31 TO ALLOW THE CONSTRUCTION OF A NEW PHARMACY AT 115 NORTH HARBOR BOULEVARD CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution approving the extension of Conditional Use Permit Nos. 2008-27 and 2008-31. DISCUSSION In November 2008, the City Council approved Conditional Use Permit Nos. 2008-27 and 2008-31 to allow the construction of a new Rite-Aid Pharmacy at 115 North Harbor Boulevard. The conditional use permits allowed a drive through window operation for the pharmacy as well as a Type 21 (off-sale beer, wine and distilled spirits) Alcohol Beverage Control license. Due to a significant shift in the local, state and national economies over the past three years, Rite-Aid made the decision to abandon the project. The property owner had been in negotiations with CVS Pharmacy in an effort to occupy the site. Unfortunately, they too made the decision to not pursue development on the site. The owner is now in discussions with Walgreen's in an attempt to secure their business for the property. The negotiations are on-going; however, the entitlements for the site are ready to expire. Entitlements for development projects expire two years from the date of approval unless construction has commenced. Since construction has yet to begin, the applicant would like to maintain the entitlements for the conditional use permits and is requesting another extension. Section 41-647 of the Santa Ana Municipal Code (SAMC) requires the City Council to approve any request for an extension of an entitlement. The first extension requested by the applicant was approved by the City Council on November 15, 2010 for a one year time period. Although the project has yet to be submitted into building plan check, the applicant does have parties interested in the site. The applicant is hopeful that a shift in economic conditions will allow plans to be submitted within the next few months. As a result, the Planning Division and Police Department recommend that the entitlements for the pharmacy building be extended by a period of one year from date of approval to November 15, 2012. 55A-1 Extension of CUP Nos. 2008-27 & 2008-31 November 28, 2011 Page 2 ENVIRONMENTAL IMPACT 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. FISCAL IMPACT There is no fiscal impact associated with this action. Ja . Trevino Executive Director Planning and Building Agency VF:rb vflreportsCUP08-27 & 08-31.2ndexdension.cc 55A-2 ROH - 11/28/11 RESOLUTION NO. 2011- 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 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. On November 15, 2010, the City Council approved a one (1) year extension of Conditional Use Permit No. 2008-27, as conditioned, and Conditional Use Permit No. 2008-31, as conditioned. C. The applicant has requested another extension for Conditional Use Permit Nos. 2008-27 and 2008-31. The applicant is hopeful that a shift in economic conditions will allow plans to be submitted within the next few months. D. It is the Planning Division's policy to recommend one year extensions, mainly in an effort to encourage the construction of previously approved projects. As a result, the Planning Division and Police Department recommend that the entitlements for the pharmacy building be extended by a period of one (1) year to November 15, 2012. E. The extension request came before the City Council on November 28, 2011. F. 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. The extension may not be for a period or periods exceeding three (3) years in total beyond the date it would otherwise become void. 55A-3 Resolution No. 2011-XXX Page 1 of 3 G. 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. 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 to November 15, 2012. This decision is based upon the evidence submitted, which includes but is not limited to the Request for Council action dated November 28, 2011, 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 day of November, 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph A. Straka Interim City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2011-XXX Page 2 of 3 55A-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011- to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2011-XXX 55A-5 Page 3 of 3 55A-6