Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 32
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 21, 2023
TOPIC: Resolution of Denial: Cabrillo Town Center (1901 E Fourth Street)
AGENDA TITLE
Resolution Approving Appeal Application Nos. 2023-02 and 2023-03 and Overturning the Determination of the Planning Commission, Thereby Denying Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to Facilitate the Construction of a Mixed-Use Development Known as Cabrillo Town Center at 1901 E. Fourth Street
RECOMMENDED ACTION
Adopt a resolution documenting the City Council decision of October 3, 2023, denying SPR No. 2023-01 and TTM No. 2023-03 for the Cabrillo Town Center at 1901 E. Fourth Street.
RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING APPEAL APPLICATION NOS. 2023-02 AND 2023-03 AND OVERTURNING THE DETERMINATION OF THE PLANNING COMMISSION, THEREBY DENYING SITE PLAN REVIEW (SPR) NO. 2023-01 AND TENTATIVE TRACT MAP (TTM) NO. 2023-03 (COUNTY MAP NO. 19243) TO
FACILITATE THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT KNOWN AS CABRILLO TOWN CENTER AT 1901 AND 1971 EAST FOURTH STREET AND 515 AND 525 NORTH CABRILLO PARK DRIVE, COLLECTIVELY 1901 EAST FOURTH STREET (APNS: 400-051-02; 400-051-09; 400-051-14; AND 400-051-15) GOVERNMENT CODE §84308 APPLIES: Yes
EXECUTIVE SUMMARY
On April 24, 2023, the Planning Commission held a duly noticed public hearing to consider Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243) to facilitate the construction of a mixed-use development known as Cabrillo Town Center at 1901 East Fourth Street. After receiving public testimony on the item, the Planning Commission voted unanimously (6-0-0-1 with Ramos absent) to adopt a resolution approving SPR No. 2023-01 and TTM No. 2023- 03, with modified conditions of approval.
Resolution of Denial: Cabrillo Town Center (1901 E Fourth Street) November 21, 2023
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On May 1, 2023, Lozeau Drury, LLP, on behalf of the Supporters Alliance for Environmental Responsibility (SAFER), submitted an appeal application (Appeal No. 2023-02) pursuant to Section 41-645 of the Santa Ana Municipal Code (SAMC) requesting that the City Council reconsider the Planning Commission’s decision. On May 3, 2023, Mitchell M. Tsai, on behalf of the Southwest Mountains States Carpenters (SWMSRCC), also submitted an appeal application (Appeal No. 2023-03) pursuant to Section 41-645 of the SAMC requesting that the City Council reconsider the Planning Commission’s decision.
Lastly, on August 17, 2023, Mitchell M. Tsai, on behalf of the SWMSRCC, submitted a supplemental appeal letter, outside of the 10-day appeal period, as outlined in Section 41-645(b) of the SAMC. After a public hearing at its regular meeting of October 3, 2023, the City Council voted unanimously (5-0-2 with Councilmembers Phan and Lopez abstaining) to approve Appeal Application Nos. 2023-02 and 2023-03 and overturn the determination of the Planning Commission, thereby denying Site Plan review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03. Following the City Council’s decision, a resolution of denial has been prepared for the project (Exhibit 1).
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, this project is exempt from further review under Section 15061(b)(4) of the CEQA Guidelines, as the City Council has denied Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243).
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Resolution – Denial of SPR No. 2023-01 and TTM No. 2023-03 Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Steven A. Mendoza, Acting City Manager