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RESOLUTION NO. 2022-XXX <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA APPROVING A ONE-YEAR EXTENSION OF <br />SITE PLAN REVIEW 2020-03 AND VARIANCE NO. 2020- <br />06 FOR THE 4T" AND MORTIMER MIXED -USE <br />DEVELOPMENT TO BE LOCATED AT 409 AND 509 EAST <br />FOURTH STREET <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 unanimously approved Site <br />Plan Review No. 2020-03, for a development project over four stories in <br />height, and Variance No. 2020-06, to allow an increase in the allowable <br />building size and massing, for a new mixed -use development located at 409 <br />and 509 East Fourth Street. <br />B. On October 22, 2020, an appeal (Appeal No. 2020-02) to the project was <br />filed by Michael Lozeau with Lozeau Drury, LLP, on behalf of the <br />Supporters Alliance for Environmental Responsibility (SAFER). <br />C. On December 1, 2020, the City Council denied Appeal No. 2020-02, <br />upholding the determination of the Planning Commission to approve the <br />subject entitlements. <br />D. Pursuant to Section 41-647 of the Santa Ana Municipal Code (SAMC), <br />entitlements automatically become void should the property owner fail to <br />institute an action to comply with the provisions of the entitlements within <br />two years of its approval. <br />E. As a result of the global Covid-19 pandemic, the California Legislature <br />approved AB 1561, which extended entitlements that were effective prior <br />to March 4, 2020, and that were set to expire before December 31, 2021. <br />Due to the various dates of approval and expiration on December 15, <br />2020 and December 15, 2022, respectively, AB 1561 does not apply to <br />the subject entitlement. Therefore, the applicant is requesting an <br />extension by the City Council pursuant to Section 41-647 of the SAMC. <br />F. Due to difficulties stemming from the COVID-19 global pandemic, which <br />affected the development industry worldwide, the applicant has <br />experienced a number of uncertainties during the last two years that <br />impact viability. These include construction and material cost increases, <br />Resolution No. 2022-XXX <br />Page 1 of 3 <br />