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Planning and Building Agency <br />santa-ana.org/planning-and-building <br />Item # 23 <br />City of Santa Ana <br />20 Civic Center Plaza, Santa Ana, CA 92701 <br />Staff Report <br />December 6, 2022 <br />TOPIC: First One -Year Extension for Site Plan Review No. 2020-03 and Variance No. <br />2020-06 for the 4t" and Mortimer Mixed -Use Development Project Entitled at 409 and <br />509 East Fourth Street <br />AGENDA TITLE: <br />First One-year Extension of Site Plan Review No. 2020-03 and Variance No. 2020-06 <br />for the 4t" and Mortimer Mixed -Use Development Project Located at 409 and 509 East <br />Fourth Street <br />RECOMMENDED ACTION <br />Adopt a resolution approving a one-year extension of Site Plan Review No. 2020-03 <br />and Variance No. 2020-06 to December 15, 2023. <br />DISCUSSION <br />On October 12, 2020, the Planning Commission unanimously approved Site Plan <br />Review No. 2020-03, for a development project over four stories in height, and Variance <br />No. 2020-06, to allow an increase in the allowable building size and massing, to <br />facilitate the construction of a new mixed -use residential and commercial development <br />project located at 409 and 509 East Fourth Street. On October 22, 2020, an appeal <br />(Appeal No. 2020-02) to the project was filed by Michael Lozeau with Lozeau Drury, <br />LLP, on behalf of the Supporters Alliance for Environmental Responsibility (SAFER). On <br />December 1, 2020, the City Council denied Appeal No. 2020-02, upholding the <br />determination of the Planning Commission to approve the subject entitlements. <br />Pursuant to Section 41-647 of the Santa Ana Municipal Code (SAMC), entitlements <br />such as variances automatically become void should the property owner fail to institute <br />an action to comply with the provisions of the entitlements within two years of its <br />approval. This section also allows the property owner to request an extension of the <br />entitlement up to a period of three years from the date of the expiration. <br />The subject entitlements were in effect until December 31, 2021; however, due to <br />difficulties stemming from the COVID-19 global pandemic, which affected the <br />development industry worldwide, the applicant experienced delays in moving the project <br />forward and constructing the new mixed -use development. During this time, a state of <br />local emergency stemming from the COVID-19 pandemic was declared, which provided <br />