HomeMy WebLinkAbout2022-093 - Approving a One-Year Extension of Site Plan Review 2020-23RESOLUTION NO. 2022-093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING A ONE-YEAR EXTENSION OF
SITE PLAN REVIEW 2020-03 AND VARIANCE NO. 2020-
06 FOR THE 4TH AND MORTIMER MIXED -USE
DEVELOPMENT TO BE LOCATED AT 409 AND 509 EAST
FOURTH STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. On October 12, 2020, the Planning Commission unanimously approved Site
Plan Review No. 2020-03, for a development project over four stories in height,
and Variance No. 2020-06, to allow an increase in the allowable building size
and massing, for a new mixed -use development located at 409 and 509 East
Fourth Street.
B. On October 22, 2020, an appeal (Appeal No. 2020-02) to the project was filed
by Michael Lozeau with Lozeau Drury, LLP, on behalf of the Supporters
Alliance for Environmental Responsibility (SAFER).
C. On December 1, 2020, the City Council denied Appeal No. 2020-02, upholding
the determination of the Planning Commission to approve the subject
entitlements.
D. Pursuant to Section 41-647 of the Santa Ana Municipal Code (SAMC),
entitlements automatically become void should the property owner fail to
institute an action to comply with the provisions of the entitlements within two
years of its approval.
E. As a result of the global Covid-19 pandemic, the California Legislature
approved AB 1561, which extended entitlements that were effective prior to
March 4, 2020, and that were set to expire before December 31, 2021. Due to
the various dates of approval and expiration on December 15, 2020 and
December 15, 2022, respectively, AB 1561 does not apply to the subject
entitlement. Therefore, the applicant is requesting an extension by the City
Council pursuant to Section 41-647 of the SAMC.
F. Due to difficulties stemming from the COVID-19 global pandemic, which
affected the development industry worldwide, the applicant has experienced a
number of uncertainties during the last two years that impact viability. These
include construction and material cost increases, uncertainty in labor
Resolution No. 2022-093
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availability, supply chain disruptions, and financial challenges arising out of an
inflationary/high interest rate environment. All of these challenges have
created delays in moving the project forward and constructing the new mixed -
use development.
G. The applicant intends to complete the plan check process and obtain all
necessary building permits for the project. The construction plans for the
project have been submitted for plan check as of August 1, 2022. The
applicant submitted a subsequent plan check submittal on September 19,
2022. The applicant expects to obtain permits and start construction in early
2023.
H. Pursuant to City of Santa Ana Municipal Code Section 41-647, where
construction does not commence, these types of entitlements expire after two
(2) years unless the applicant applies for, and the City Council approves, an
extension. Up to three extensions may be granted.
I. It is the Planning Division's policy to recommend no more than one-year
extensions at a time, mainly in an effort to encourage the construction of
previously approved projects.
J. The applicant filed a request for the extension on October 24, 2022. The
extension request came before the City Council on December 6, 2022.
1. In accordance with the California Environmental Quality Act (CEQA)
and the CEQA Guidelines, the extension for this project is exempt
pursuant to Section 15061(b)(3). This determination has been made
as it has been determined that the proposed action to extend the
existing, approved entitlement does not have the potential to cause a
significant effect on the environment, as the existing, approved
entitlement has already been evaluated pursuant to CEQA.
Section 2. Site Plan Review No. 2020-03 and Variance No. 2020-06 are each
hereby extended for a period of one (1) year until December 15, 2023. This decision is
based upon the evidence submitted, which includes, but is not limited to, the Request
for Council Action dated December 6, 2022, and exhibits attached thereto, and any
public testimony, all of which are incorporated herein by this reference.
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 6t' day of December. 2022.
Resolution No. 2022-093
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jo M. Funk
Chief Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
Vicente Sarmiento
Mayor
Hernandez, Lopez, Mendoza, Penaloza
Phan, Bacerra, Sarmiento (7)
None (0)
None (0)
None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-
093 to be the original resolution adopted by the City Council of the City of Santa Ana on
December 6, 2022.
Date: 1 2 SS '� A
��CTerk of the Council
City of Santa Ana
Resolution No. 2022-093
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