HomeMy WebLinkAbout2023-088 - Approving a Second One-Year Extension of Site Plan Review 202-03 & Variance No. 202-06 at 409 & 509 E. 4th StreetRESOLUTION 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 hereby finds, determines
and declares as follows:
A. On October 12, 2020, the Planning Commission unanimously approved Site
Plan Review No. 2020-03, for a development project over 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 October 22, 2020, an appeal (Appeal No. 2020-02) to the project was filed
by Michael Lozeau with Lozeau Drury, LLP, on behalf of the Supporters
Alliance for Environmental Responsibility (SAFER).
C. On December 1, 2020, the City Council denied 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 permits for
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
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development costs, have resulted in additional delays to the ability to
complete begin vertical construction of the project by the December 15, 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 recommend no more than one-year
extensions at a time, mainly in an effort to encourage the construction of
previously approved 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 extension for this project is exempt pursuant to Section
15061(b)(3). This determination has been made as it has been determined that
the proposed action to extend the existing, approved entitlement does not have
the potential to cause a 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
hereby extended for a period of one (1) year until December 15, 2024. This decision is
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
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 5th day of December. 2023.
Resolution No. 2023-088
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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
Resolution No. 2023-088 to be the original resolution adopted 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
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