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MELINIDA, LUTHIN I LAW <br />October 17, 2022 <br />Personal Delivery <br />Santa -Ana City Council Clerk <br />2 <br />Re: Appeal: Planning Commission's purported Approval of Conditional Use <br />Permit No. 2022-14 for the Garry Avenue Business Park at 1700, <br />1720, and 1740 East Garry Avenue <br />APPELLANT <br />Appellant Gary Plaza Office Park Association ("GPOPA") is the association for the business <br />condominium project located at 1800 and 1820 East Garry Avenue, Santa Ana, CA 92705 <br />("GPOP"), This property is located next door to 1700, 1720, and 1740 East Garry Avenue, the <br />property subject to the CUP being appealed ("Subject Property"). The members of GPOPA are <br />the owners of the eighty-four (84) GPOP condominiums. <br />APPELLANT PROPERTY OWNERSHIP <br />Each owner of a GPOP condominium also owns a 1/84"' interest in the real property located <br />at 1800 and 1820 East Garry Avenue, Santa Ana, CA 92705 and owns a 1184 interest in an <br />easement that traverses around the perimeter and throughout and across the interior of the Subject <br />Property. <br />BASIS FOR APPEAL <br />The Planning Commission had no authority to issue the CUP because not all record owners <br />of all interests in the Subject Property joined or approved the application. Specifically, the <br />owners of the 84 GPOP business condominiums own an undivided interest in ingress and <br />egress easements that traverse across the Subject Property. (See Easement attached). As <br />such, each of these owners are interest holders until or unless they join in the application <br />or sell their interests to the owners of the Subject Property. The City may not grant a permit <br />that interferes with the rights of the easement holders. <br />2. The CUP proposes to obliterate easements that serve and are for the benefit of the Gary <br />Plaza Office Park, including but not limited to drainage easements and utility easements <br />(attached). The City may not grant a permit that negatively affects the rights of adjacent <br />landowners nor may it grant a permit that interferes with the rights of the easement holders. <br />3. The City refused to permit members of the public, including Gary Plaza Office Park <br />Association to view the CUP application, in violation of the Public Records Act, and in <br />contravention of City policy and procedures, including the City rule regarding inspection <br />stated in the Planning Commission Agenda. It is impossible to determine if the CUP <br />