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RESOLUTION NO. 2022-093 <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 4TH 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 height, <br />and Variance No. 2020-06, to allow an increase in the allowable building size <br />and massing, for a new mixed -use development located at 409 and 509 East <br />Fourth Street. <br />B. On October 22, 2020, an appeal (Appeal No. 2020-02) to the project was filed <br />by Michael Lozeau with Lozeau Drury, LLP, on behalf of the Supporters <br />Alliance for Environmental Responsibility (SAFER). <br />C. On December 1, 2020, the City Council denied Appeal No. 2020-02, upholding <br />the determination of the Planning Commission to approve the subject <br />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 two <br />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 to <br />March 4, 2020, and that were set to expire before December 31, 2021. Due to <br />the various dates of approval and expiration on December 15, 2020 and <br />December 15, 2022, respectively, AB 1561 does not apply to the subject <br />entitlement. Therefore, the applicant is requesting an extension by the City <br />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 experienced a <br />number of uncertainties during the last two years that impact viability. These <br />include construction and material cost increases, uncertainty in labor <br />Resolution No. 2022-093 <br />Page 1 of 3