Item No. 2 Public Comment_Luthin

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Santa Ana Planning Commission Re: Amendment Application No. 2022-01 and Conditional Use Permit No. 2022-14 October 10, 2022 Page 2 So that the Planning Commission may understand the relationship between the Subject Property and the GPOPA property, I provide the following: These parcels were once combined. The parcel was split into the Subject Property, the GPOPA Property and two other properties to the south. When the parcel was split, the owner of the property created reciprocal easements on the GPOPA Property and the Subject Property for ingress and egress. It also created drainage easements. Utility easements that serve both parcels are intertwined throughout the Subject Property. We are informed and believe that these easements on the Subject Property are currently serving the GPOPA Property. The Planning Commission must not approve either application, as it regards property which is encumbered with an easement held by GPOPA, as well as with drainage easements and utility easements that serve the Garry Plaza parcel. The owners of all interests in the property must approve and join in the application before the City staff should deem it complete and before the City may approve it in any way. As of now, GPOPA’s members have no intent to sell or otherwise convey their easement in the Subject Property to anyone. On a related note, just who is the applicant? The applicant is identified as “Greenlaw Partners,” and sometimes, “Greenlaw Partners, LLC.” According to the California Secretary of State, Greenlaw Partners, LLC is a limited liability company, with the same address as the address used by the Applicant. It appears that a person named “Rob Mitchell” is the signor on multiple documents submitted to the City regarding the Project Applications. Often times, the documents indicate that Mr. Mitchell is a “Partner” of Greenlaw Partners, LLC,” but limited liability companies have members, not partners. According to documents filed with the California Secretary of State, Greenlaw Partners is manager-managed, and a person named Wilbur H. Smith, III is the manager of Greenlaw Partners, LLC. As such, Rob Mitchell has no authority to act on behalf of Greenlaw Partners, LLC. Further confusing matters is the fact that according to County Records, the owner of the Subject Property is Garry Owners, LLC, not Greenlaw Partners. LLC. I have seen no document indicating that Gary Owners, LLC has authorized Greenlaw Partners, LLC to be its agent. City staff should make sure that the applicant is actually the owner of the land or its agent. On another note, the Planning Commission should not approve any zoning change at all. The recently amended General Plan has stated that the City will rezone this property as Flex 3, which the City is to create in the future. In the interim, the property may be used in accordance with the applicable land-use descriptions identified in the General Plan. The General Plan addresses interim land use, and zone changes are not among the permissible means by which the City is to approve projects. Table LU9 states: