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Item 41 - Amendment Application No. 2022-01 and Appeal Nos. 2022-01 and 2022-02
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Item 41 - Amendment Application No. 2022-01 and Appeal Nos. 2022-01 and 2022-02
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4/2/2024 2:21:12 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
41
Date
12/20/2022
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Appeal of Decision of Santa Ana Planning Commission <br />Re: Conditional Use Permit No. 2022-14 <br />October 17, 2022 <br />Page 2 <br />application contained all necessary information or even if it was filed by the property owner <br />or the owner's authorized agent. As such, all bases for this appeal may not be included <br />herein, and GPOPA reserves the right to augment'this appeal after the City provides <br />GPOPA with a copy of the application, either voluntarily or by means of a judicial writ of <br />mandamus. <br />4. The Planning Commission approved an application not contained in the agenda packet. <br />5. The Planning Commission approved an application it appears not to have reviewed. <br />6. The Planning Commission's approval of the CUP violates Santa Ana Municipal Code <br />section 41-630, et seq. <br />7. Identity of the applicant for the CUP is uncertain. It appears that the applicant is not <br />qualified to apply for a CUP, per Santa Ana Municipal Code section 41-633. The owner <br />of record of 1700, 1720, and 1740 East Garry Avenue ("Subject Property") is Gary Owners, <br />LLC. The applicant has been identified as various persons and/or entities, none of which <br />appear to be the record owner. <br />8. The Planning Commission approved a CUP for use of land not permissible in land zone P. <br />(Santa Ana Muni. Code, § 41-313.5,) <br />9. The Planning Commission resolution approving the CUP contains false statements as to <br />the identity of the owner. (Resolution, § LA.) <br />10. The CUP was approved without a proper CEQA evaluation or environmental review. <br />11. The Planning Commission approved a CUP for use of land not permissible in the General <br />Plan. <br />12. The Planning Commission approved a CUP without making the necessary findings. (E.g. <br />Santa Ana Muni Code, §§ 41-638, 41-639.) <br />13. The Planning Commission approved the CUP without malting a proper motion. <br />14. The Land use is not compatible with the General Plan. <br />15. The proposed use for which the CUP issued: <br />a. WILL NOT provide a service or facility which will contribute to the general well- <br />being of the neighborhood or the community; <br />b. WILL be detrimental to the health, safety, or general welfare of persons residing or <br />working in the vicinity; and <br />
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