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Home My WebLink About55A - CUP - 115 N HARBOR BLVD REQUEST FOR COUNCIL ACTION `S CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 15, 2010 TITLE: APPROVED ? As Recommended EXTENSION OF CONDITIONAL USE PERMIT ? As Amended NOS. 2008-27 AND 2008-31 TO ALLOW THE El ordinance on 151 Reading ? Ordinance on 2"d Reading CONSTRUCTION OF A NEW PHARMACY AT ? Implementing Resolution 115 NORTH HARBOR BOULEVARD ? Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution approving the extension of Conditional Use Permit Nos. 2008-27 and 2008-31. DISCUSSION On November 17, 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 and a Type 21 (off-sale beer, wine and distilled spirits) Alcohol Beverage Control license for the pharmacy. Due to a significant shift in the local, state and national economies over the past two years, Rite-Aid recently made the decision to abandon the project. The property owner has since secured an agreement with KZ DevCo, LP, who has been working with CVS Pharmacy in an effort to occupy the site. The project negotiations are nearly completed; however, the entitlements for the site are ready to expire. Pursuant to Section 41-647 of the Santa Ana Municipal Code (SAMC), conditional use permits (CUP) automatically become void should the property owner fail to institute an action to comply with the provisions of the CUP within two years of its approval. This section of the code also allows the property owner to request an extension of the entitlement up to a period of three years from the date of expiration. Since construction has yet to begin, the applicant would like to maintain the entitlements for the conditional use permits and is requesting an extension (Exhibit 1). Although the applicant is requesting a two year extension, it is the Planning Division's policy to recommend one year extensions, mainly in an effort to encourage the construction of previously approved projects. The applicant retains the ability to request another extension next year in the event construction still has not commenced. Therefore, the Planning Division and Police Department recommend that the entitlements for the pharmacy building and ABC license be extended by a period of one year from the date of approval to November 16, 2011. 55A-1 Extension of CUP Nos. 2008-27 & 2008-31 November 15, 2010 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. Jay W Trevino Executive Director Planning and Building Agency VF:rb AreportsCUP08-27 & 08-31.extension.cc Exhibit: 1. Extension Letter 55A-2 KZ DevCo, LP October 25, 2010 Mr. Vincent C. Fregoso, AICP Principal Planner Planning Division City of Santa Ana Planning and Building Agency M20 20 Civic Center Plaza P. O. Box 1988 Santa Ana, CA 92702 Re: CUP 2008-31 for property located at 115 North Harbor Boulevard Dear Vincent: Per our conversation, on behalf of Pieper Properties, GP and KZ DevCo, LP, we would like to formally request a 2 year extension of time for CUP 2008-27, Drive Thru Window and CUP 2008-31, ABC Type 21 License for our project as referenced above. Your records will indicate that Reid Pieper is the present owner of the property. As you are well aware, the current Real Estate and development market has been extremely difficult for developers and landowners such as Peiper Properties, GP. We have been actively seeking a tenant for the past two (2) years, but to date have been unsuccessful. Please note, that the existing land use entitlement for the Type 21 ABC license at 228 N. Harbor Blvd. (the current CVS location) will be allowed to lapse and expire when/if this new location is approved. According to an email dated September 1, 2010 from George Alvarez, the PWA will request an irrevocable offer for future widening of lx Street east of Harbor Boulevard in lieu of the street improvements. We formally request this change be included in the CUP extension. Please call if there are any questions or if there is any additional information required for our request. We thank you for your help and cooperation regarding our request. Sincerely, KZ DevCoyLP Tom Wilhelm Director Development Pieper Properties, GP Reid Pieper Owner RP/dk cc: Mark Zimmerman Tom Wilhelm Exhibit 1 18818 Teller Avenue • Suite 100 • Irvine • Calif~i~61 TEL • 949 2700 • FAX • 949.476.2777 55A-4 ROH - 11/15/10 RESOLUTION NO. 2010- 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. 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. 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. 55A-5 Resolution No. 2010-XXX Page 1 of 3 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 day of November, 2010. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2010-XXX Page 2 of 3 55A-6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2010- 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. 2010-XXX 55A-7 Page 3 of 3 55A-8