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LS 12.1.20 <br />RESOLUTION NO. 2020-093 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA DENYING APPEAL APPLICATION NO. 2020- <br />02 AND UPHOLDING THE DETERMINATION OF THE <br />PLANNING COMMISSION TO APPROVE AN ADDENDUM <br />TO THE ENVIRONMENTAL IMPACT REPORT FOR THE <br />TRANSIT ZONING CODE PROJECT (SCH NO. <br />2006071100) AND ADOPTION OF A MITIGATION <br />MONITORING AND REPORTING PROGRAM FOR SITE <br />PLAN REVIEW NO. 2020-03 AND VARIANCE NO. 2020-06 <br />FOR A NEW MIXED -USE RESIDENTIAL AND <br />COMMERCIAL DEVELOPMENT FOR THE PROPERTIES <br />LOCATED AT 409 EAST FOURTH STREET (SITE A) AND <br />509 EAST FOURTH STREET (SITE B) <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. On October 12, 2020, the Planning Commission of the City of Santa Ana held <br />a duly noticed public hearing to consider various entitlements including Site <br />Plan Review No. 2020-03, Variance No. 2020-06, and Amendment <br />Application 2020-04 to allow the construction of a new mixed -use residential <br />and commercial development consisting of 169 residential rental units and <br />11,361 square feet of commercial space at 409 and 509 East Fourth Street. <br />After receiving public testimony on the item, the Planning Commission voted <br />unanimously (7:0) to adopt a resolution approving an Addendum to the <br />Environmental Impact Report (EIR) for the Transit Zoning Code Project, <br />mitigation monitoring and reporting program, Site Plan Review No. 2020-03 <br />as conditioned, and Variance No. 2020-06 as conditioned. In addition, the <br />Planning Commission recommended that the City Council adopt a resolution <br />approving an Addendum to the Environmental Impact Report for the Transit <br />Zoning Code Project, mitigation monitoring and reporting program, and an <br />ordinance approving Amendment Application No. 2020-04 for Specific <br />Development No. 84 (SD84). <br />B. On October 22, 2020, Michael Lozeau with Lozeau Drury, LLP, on behalf of <br />the Supporters Alliance for Environmental Responsibility (SAFER) hereinafter <br />referred to as "Appellant", submitted an appeal application pursuant to <br />Section 41-645 of the Santa Ana Municipal Code (SAMC) requesting that the <br />City Council reconsider the Planning Commission's decision based on the <br />following reasons: <br />Resolution No. 2020-093 <br />Page 1 of 7 <br />