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SheppardMullin September 2, 2014 VIA FACSIMILE AND E -MAIL City Council City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Fax: (714) 647 -6956 Sheppard Mullin Richter & Hampton LLP 650 Town Center Drive, 4th Floor Costa Mesa, CA 92626 -1993 714.513.5100 main 714.513.5130 main fax www.sheppardnnul;in.com 714.424.2821 direct drosenthal@sheppardmullin.com File Number: 0010. 174415 Re: 9/212014 Agenda Item 75B — Sexlinoer Farmhouse and Orchard Dear Mayor and Members of the City Council: The City Council made numerous serious factual and legal errors when it approved replacement of the historic Sexlinger Orchard with a run -of- the -mill tract map on March 4, 2014. Adopting new findings for a bad decision, as proposed by Staff, does not resolve the problems with the City's original findings. The new findings are a blatant attempt to pad the administrative record with after - the -fact justifications in The Old Orchard Conservancy's pending lawsuit against the poorly- conceived Sexlinger development project. In fact, the proposed action shows a fundamental disrespect for both the Court and the Planning and Zoning Laws, The Old Orchard Conservancy continues to object to approval of Vesting Tract Map No. 2013- 02 (tract map) and Variance No. 2012 -04(b) (variance) for all of the reasons set forth in its prior submittals to the City and the petition in TOOC v. COSA, Orange County Case No. 30-2014 - 00714225-CU-WM-CXC. All of these written and verbal submittals, including the petition, are incorporated by reference in this letter of objection. They are contained in the administrative record for TOOC v. COSA, which has been submitted to the City Clerk. In addition, the Conservancy objects to "consideration" of the project after the approvals are final for the purpose of adding findings to the record. The Sexlinoer Development Project Is Flawed And Destructive To The Community As described in the Conservancy's prior submittals, as well as the City's documentation, the Sexlinger Orchard and Farmhouse is a unique resource in the City of Santa Ana. The Council recognized the historic importance of the 5 -acre Farmhouse and Orchard by designating it as a KEY historic resource under the City's Municipal Code. The tract map and variance allow demolition of 95% of the historic Orchard, leaving the Farmhouse to be sold without its setting and unprotected by any permanent mitigation measures.