55B - RESO UPHOLDING PLANNING COMMISSION

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EXHIBIT 1 August ] 1, 2020 Honorable Mayor M iguel P.M. Honorable City Council Members City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Re: The Russell Fischer Parhmrship, LP 2010 Dear Honorable Mayor Pulido and Honorable City Council Members: In September 2019, the City of Santa Ana ("City") Planning Commission issued approvals to The Russell Fischer Parnrership, L.P. ("RF"), for RF to develop an automated car wash, fuel strtionand convenience store ("2019 Project"). Inconnection with the 2019 Project, the Planning Commission issued the followingappeovals. Resolution No.2019-35,appraving. Conditional Use Permit No_ 2019-30 to allow a car wash;, Reoolution No_ 2019-36, approving an amendm alto Variance Na. 201840; and Resolution No. 2019-37, approving Conditional Use P=it No. 2019-31 to allow 24-hour operations ofa retail atom_ The City determined that the: 2019 Project was eligible for a CEQA Class 32 In -fill Development Exemption ("CEQA Exemption"). Resolution Nos. 2019.35, 2019.36 and 2074.37 and the CEQA Exemption are collectively the "2019 Approvals"_ RF has chosen to not move forward with the development of the 2019 Project. Due to dramaiie chanees in the economy cartsed by the COVID-19 pandemic, RF sales and profits have substantially decreased_ RF went almost two months without generating any me me, while RF paid all business expenses, including employee wages. Therefore, by this letter, RF hereby requests the City Council torescind the 2014Approvals. Asa condiion precedemto RF's request for rescission ofthe 2019 Approvals, the City Council ism approve the settlement agreementwhich has been reached between RF and the City. This condition precedent maybe waived, ifat all, solely by III. If the City does not approve the senlement agreement, then RF's request to rescind the 2019 Approvals is hereby withdrawn_ a'. Ms. Kristine Ridge Sonia Carvalho, Esq. Alisha Winases"ek, Esq_ ;nremmoorrnv.xi�w 55B-4