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Planning and Building Agency <br />santa-ana.org/departments/planning-and-building <br />Item # 18 <br />City of Santa Ana <br />20 Civic Center Plaza, Santa Ana, CA 92701 <br /> Staff Report <br />December 5, 2023 <br />TOPIC: Central Pointe Mixed-Use Development Fee Deferral Request (1801 E Fourth <br />Street) <br />AGENDA TITLE <br />Fee Deferral Agreement for the Central Pointe Mixed-Use Development Located at <br />1801 E. Fourth Street <br />RECOMMENDED ACTION <br />Based on the discussion in this staff report, it is recommended that the City Council take <br />one of the following two actions: <br />1. Deny a request by the applicant to execute a fee deferral agreement for the <br />Central Pointe mixed-use development located at 1801 E. Fourth Street, <br />OR <br />2. Authorize the City Manager to execute a fee deferral agreement for the Central <br />Pointe mixed-use development located at 1801 E. Fourth Street (Agreement No. <br />2023-XXX). <br />GOVERNMENT CODE §84308 APPLIES: Yes <br />EXECUTIVE SUMMARY <br />California Government Code Section 66007 et seq. provides for applicants of <br />development projects containing housing units to request a deferral of impact fees from <br />the agencies that require payment of such fees upon permit issuance. While such <br />deferral requests require approval when the development projects contain onsite <br />affordable housing units, requests for impact fee deferrals for market-rate housing <br />projects are subject to discretion of the local decision-making body. Staff has evaluated <br />the Government Code’s provision of discretion in the matter. The information provided <br />by the applicant does not indicate sufficient evidence of financial hardship or other <br />compelling factors that warrant a staff recommendation to approve the applicant’s <br />request.