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RESOLUTION NO. 2023-088 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA APPROVING A SECOND ONE-YEAR <br />EXTENSION OF SITE PLAN REVIEW 2020-03 AND <br />VARIANCE NO. 2020-06 FOR THE 4TH AND MORTIMER <br />MIXED -USE DEVELOPMENT TO BE LOCATED AT 409 <br />AND 509 EAST 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. Taking into consideration the difficulties experienced by the development <br />industry from the global COVID-19 pandemic and its effects on securing <br />funding, labor, and construction materials, the City Council unanimously <br />approved Resolution No. 2022-093, approving the applicant's first request for <br />a one-year entitlement extension on December 6, 2022, extending the subject <br />project entitlements until December 15, 2023. <br />F. On August 1, 2023, the applicant obtained all required building permits for <br />development of the project, including demolition permits for existing buildings <br />at both project sites. <br />G. Recent increases in interest rates beginning the first quarter of 2022 and <br />continuing through 2023, and their impact on construction loans and land <br />Resolution No. 2023-088 <br />Page 1 of 3