RESOLUTION NO. 2022- 093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING A ONE- YEAR EXTENSION OF
SITE PLAN REVIEW 2020- 03 AND VARIANCE NO. 2020-
06 FOR THE 4TH AND MORTIMER MIXED -USE
DEVELOPMENT TO BE LOCATED AT 409 AND 509 EAST
FOURTH STREET
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 herebyfinds, determines and declares as follows:
A. On October 12, 2020, the PlanningCommissionunanimouslyapprovedSite Plan Review No. 2020-03, for a developmentproject over four stories in height, andVarianceNo. 2020-06, to allowan increasein the allowablebuildingsize and massing, for a new mixed -use development located at 409 and 509 East Fourth Street.
B. On October22, 2020, an appeal (AppealNo. 2020-02) to the projectwasfiled by Michael Lozeau with Lozeau Drury, LLP, on behalf of the Supporters Alliancefor EnvironmentalResponsibility (SAFER).
C. On December1, 2020, theCityCouncildeniedAppealNo. 2020-02, upholding the determination of the Planning Commission to approve the subject entitlements.
D. Pursuant to Section 41- 647 of the Santa Ana Municipal Code ( SAMC), entitlements automatically become void should the property owner fail to institute an action to comply with the provisions of the entitlements within two years of its approval.
E. As a result of the global Covid-19 pandemic, the California Legislature approvedAB 1561, which extendedentitlementsthat were effectiveprior to March 4, 2020, and that were set to expire before December 31, 2021. Due to the various dates of approval and expiration on December 15, 2020 and December15, 2022, respectively, AB 1561does not apply to the subject entitlement. Therefore, the applicantis requestingan extensionby the City Council pursuant to Section 41-647 of the SAMC.
F. Due to difficulties stemmingfrom the COVID-19 global pandemic, which affected the development industry worldwide, the applicant has experienced a numberof uncertaintiesduringthe last two yearsthat impactviability. These include construction and material cost increases, uncertainty in labor Resolution No. 2022- 093
availability, supplychaindisruptions, andfinancialchallengesarisingoutof an inflationary/high interestrate environment. All of these challengeshave createddelaysin movingthe projectforwardandconstructingthe newmixed - use development.
G. The applicant intends to complete the plan check process and obtain all necessarybuildingpermitsfor the project. The constructionplansfor the projecthave been submittedfor plan checkas of August1, 2022. The applicant submitted a subsequent plan check submittal on September 19, 2022. The applicantexpectsto obtain permitsand start constructionin early 2023.
H. Pursuant to City of Santa Ana Municipal Code Section 41-647, where construction does not commence, these types of entitlements expire after two 2) yearsunlesstheapplicantappliesfor, andthe CityCouncilapproves, an extension. Upto threeextensionsmay be granted.
I. It is the Planning Division's policy to recommend no more than one-year extensionsat a time, mainly in an effort to encouragethe constructionof previouslyapprovedprojects.
J. The applicant filed a request for the extension on October 24, 2022. The extension request came before the City Council on December 6, 2022.
1. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the extension for this project is exempt pursuantto Section15061(b)(3). Thisdeterminationhasbeenmade as it has been determined that the proposed action to extend the existing, approvedentitlementdoesnothavethe potentialto causea significant effect on the environment, as the existing, approved entitlement has already been evaluated pursuant to CEQA.
Section 2. Site Plan Review No. 2020- 03 and Variance No. 2020- 06 are each herebyextendedfora periodofone (1) yearuntilDecember15, 2023. Thisdecisionis based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated December 6, 2022, and exhibits attached thereto, and any publictestimony, all ofwhichare incorporatedhereinbythis reference.
Section 3. This Resolution shall take effect immediately upon its adoption by the CityCouncil, andthe Clerkof the Councilshallattestto andcertifythe voteadopting this Resolution.
ADOPTED this 6t' day of December. 2022.
Resolution No. 2022- 093
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jo M. Funk
Chief Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
Vicente Sarmiento
Mayor
Hernandez, Lopez, Mendoza, Penaloza
Phan, Bacerra, Sarmiento ( 7)
None ( 0)
None ( 0)
None ( 0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Clerk of the Council, do hereby attest to and certify the attached ResolutionNo. 2022- 093 to be the original resolutionadopted by the City Council of the City of Santa Ana on December 6, 2022.
Date: 12 SS ' ACTerk of the Council
City of Santa Ana
Resolution No. 2022- 093