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
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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
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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
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