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Resolution of Denial: Cabrillo Town Center (1901 E Fourth Street) <br />November 21, 2023 <br />Page 2 <br />3 <br />8 <br />8 <br />8 <br />On May 1, 2023, Lozeau Drury, LLP, on behalf of the Supporters Alliance for <br />Environmental Responsibility (SAFER), submitted an appeal application (Appeal No. <br />2023-02) pursuant to Section 41-645 of the Santa Ana Municipal Code (SAMC) <br />requesting that the City Council reconsider the Planning Commission’s decision. On <br />May 3, 2023, Mitchell M. Tsai, on behalf of the Southwest Mountains States Carpenters <br />(SWMSRCC), also submitted an appeal application (Appeal No. 2023-03) pursuant to <br />Section 41-645 of the SAMC requesting that the City Council reconsider the Planning <br />Commission’s decision. <br />Lastly, on August 17, 2023, Mitchell M. Tsai, on behalf of the SWMSRCC, submitted a <br />supplemental appeal letter, outside of the 10-day appeal period, as outlined in Section <br />41-645(b) of the SAMC. After a public hearing at its regular meeting of October 3, 2023, <br />the City Council voted unanimously (5-0-2 with Councilmembers Phan and Lopez <br />abstaining) to approve Appeal Application Nos. 2023-02 and 2023-03 and overturn the <br />determination of the Planning Commission, thereby denying Site Plan review (SPR) No. <br />2023-01 and Tentative Tract Map (TTM) No. 2023-03. Following the City Council’s <br />decision, a resolution of denial has been prepared for the project (Exhibit 1). <br />ENVIRONMENTAL IMPACT <br />In accordance with the California Environmental Quality Act (CEQA) and the CEQA <br />Guidelines, this project is exempt from further review under Section 15061(b)(4) of the <br />CEQA Guidelines, as the City Council has denied Site Plan Review (SPR) No. 2023-01 <br />and Tentative Tract Map (TTM) No. 2023-03 (County Map No. 19243). <br />FISCAL IMPACT <br />There is no fiscal impact associated with this action. <br />EXHIBIT(S) <br />1. Resolution – Denial of SPR No. 2023-01 and TTM No. 2023-03 <br />Submitted By: Minh Thai, Executive Director of Planning and Building Agency <br />Approved By: Steven A. Mendoza, Acting City Manager