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HomeMy WebLinkAbout2012-052 - Extension of Conditional Use Permit No. 2008-27ROH - 12/17/12 RESOLUTION NO. 2012-052 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 AS CONDITIONED 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. On November 28, 2011, the City Council approved a second 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 a third and final 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 16, 2013. E. The extension request came before the City Council on December 17, 2012. F. Pursuant to City of Santa Ana Municipal Code section 41-647, where construction does not commence, these types of entitlements expire after Resolution No. 2012-052 Page 1 of 3 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. Thus, this is the final possible extension for these Conditional Use Permits. 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 16, 2013. This decision is based upon the evidence submitted, which includes but is not limited to the Request for Council action dated December 17, 2012, 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 17th day of December, 2012. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: r' Rya , Q. 1-1Z Assi taut Cit Attorney Resolution No. 2012-052 Page 2 of 3 AYES: Councilmembers: Amezcua, Martinez, Reyna, Sarmiento, Tinaiero, Pulido 6) NOES: Councilmembers: Benavides (1 ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012-052 to be the original resolution adopted by the City Council of the City of Santa Ana on December 17, 2012. Date: Clerk of the Council City of Santa Ana Resolution No. 2012-052 Page 3 of 3