RESOLUTION NO. 2023- 088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING A SECOND 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 Planning Commission unanimously approved Site Plan ReviewNo. 2020-03, for a developmentprojectover four stories in height, and Variance No. 2020-06, to allow an increase in the allowable building size and massing, for a new mixed -use development located at 409 and 509 East Fourth Street.
B. On October22, 2020, an appeal (Appeal No. 2020-02) to the projectwas filed by Michael Lozeau with Lozeau Drury, LLP, on behalf of the Supporters Alliance for Environmental Responsibility (SAFER).
C. On December1, 2020, the City Councildenied Appeal No. 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. Taking into consideration the difficulties experienced by the development industry from the global COVID-19 pandemic and its effects on securing funding, labor, and construction materials, the City Council unanimously approved Resolution No. 2022-093, approving the applicant's first request for a one-year entitlement extension on December 6, 2022, extending the subject project entitlements until December 15, 2023.
F. On August 1, 2023, the applicant obtained all required building permitsfor development of the project, including demolition permits for existing buildings at both project sites.
G. Recent increases in interest rates beginning the first quarter of 2022 and continuing through 2023, and their impact on construction loans and land Resolution No. 2023- 088
development costs, have resulted in additional delays to the ability to completebegin vertical constructionof the projectby the December15, 2023, deadline that was established the City Council -approved entitlement extension.
H. Pursuant to SAMC Section 41-647, when construction does not commence, these types of entitlements expire after two ( 2) years unless the applicant applies for, and the City Council approves, an extension. Up to three extensions may be granted.
I. It is the Planning Division's policy to recommendno more than one-year extensionsat a time, mainly in an effort to encouragethe constructionof previouslyapproved projects.
J. The applicant filed a request for the second one-year extension on September 27, 2023. The extension request came before the City Council on December 5, 2023.
K. In accordance with the California Environmental Quality Act ( CEQA) and the CEQA Guidelines, the extensionfor this project is exempt pursuantto Section 15061(b)(3). This determination has been made as it has been determined that theproposedactiontoextendtheexisting, approvedentitlementdoesnothave the potentialto cause a significanteffect 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, 2024. Thisdecisionis based upon the evidence submitted, which includes, but is not limited to, the Request for Council Action dated December 5, 2023, and exhibits attached thereto, and any publictestimony, all ofwhichareincorporatedhereinbythis 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 5thday of December. 2023.
Resolution No. 2023- 088
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: iMd lXlt,
Jose Montoya
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
Amezcua, Bacerra, Hernandez, Lopez.
Penaloza, Phan, Vazquez ( 7)
None ( 0)
None ( 0)
NOT PRESENT: Councilmembers None ( 0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached ResolutionNo. 2023-088 to be the original resolutionadopted by the City Council of the City of Santa Ana on December 05, 2023.
Date: a ( I G
nnifer L at
Ci rk
City of Santa Ana
Resolution No. 2023- 088