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HomeMy WebLinkAboutItem No. 2 Public Comment_Luthin MELINDA LUTHIN 2721 East Coast Highway suite 201 • Corona del Mar • California 92625 • P 949.673.1161 • MelindaLuthinLaw.com . October 10, 2022 Santa-Ana Planning Commissioners Bao Pham (Chair) Miguel Calderon (Vice-Chair) Isuri S. Ramos Mark McLoughlin Alan Woo Thomas Morrissey Eric M. Alderetes. Re: Amendment Application No. 2022-01 and Conditional Use Permit No. 2022-14 for the Garry Avenue Business Park at 1700, 1720, and 1740 East Garry Avenue Dear Planning Commissioners: I represent the Garry Plaza Office Park Association (“GPOPA”), the Association for the condominium project located at 1800 and 1820 East Garry Avenue (“GPOPA Property”), which is next door to the real property located at 1700, 1720, and 1740 East Garry Avenue, Assessor’s Parcel number 430-171-07 (“Subject Property”). GPOPA’s members are the owners of an easement over and across the existing roadways on the Subject Property for purposes of ingress to and egress from the GPOPA Property (“GPOPA Easement”). I provided to you, a copy of the GPOPA Easement with my previous letter dated August 22, 2022. Amendment Application No. 2022-01 and Conditional Use Permit No. 2022-14 for the Garry Avenue Business Park at 1700, 1720, and 1740 East Garry Avenue (“Project Applications”) should not have been accepted as complete by City staff, should not have been processed by City staff and should not now be before you because, among other things, the applicant is not the owner of all or perhaps any interest in the property. As a preliminary matter, the applications identified in the Planning Commission Agenda are not in the Planning Commission agenda packet. I attempted to obtain a copy of the applications but was told (incorrectly) that I would have to submit a written public records request. I went to City Hall and requested to inspect the applications and was told (again, incorrectly) that I could not inspect the applications. As such, I, and it appears the Planning Commission have not had the opportunity to read, review or analyze the actual applications. It is elementary that the Planning Commission must not approve an application that its members have not yet read. 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: Santa Ana Planning Commission Re: Amendment Application No. 2022-01 and Conditional Use Permit No. 2022-14 October 10, 2022 Page 3 Focus Area Interim Development Standards. Interim Development Standards have been prepared (Appendix A). The purpose of the Interim Development Standards is to provide a mechanism to review development applications and ensure development projects are consistent with the vision of the general plan and focus areas. The Interim Development Standards provide framework for connecting the general plan land use designations for each focus area with the City's existing zoning ordinance, specific plan(s), and/or specific development(s) plan provisions in regards to the use and mixed-use development standards (i.e. density, building type, parking, open space, etc.). Flexibility is allowed for the developer to select one of respective Interim Development Standard options for designing the development, which may be the least restrictive of the multiple allowable options referenced in Appendix A (Table LU-A-1) for the respective general plan land use designation. The Santa Ana Municipal Code Section 41-668 regarding Development Project Plan Approval and applications required pursuant to SB 330, as amended from time to time, apply to development projects applying the Interim Development Standards. Once the Development Code Update (Implementation Action Item 1.1) is adopted and/or new zoning is established, the Interim Development Standards shall become null and void. Changing the zoning of this parcel will not be consistent with the General Plan. With respect to the Conditional Use Permit Application, conditional use permits should not be used to effectuate a zoning change. In addition, they are only considered with respect to a specific use and only if the City Municipal Code authorizes such specific use within the zoning district of the property. Here, we have no idea what the property will be used for because the applicant has not identified any specific use. Thus, any Conditional Use Permit application must necessarily be incomplete. In addition, because the Applicant failed to identify a specific use, neither City staff, the Planning Commission, nor the public has any ability to determine if the (unidentified) “use” is an approved use within the zoning district of the Subject Property. Thus the Planning Commission cannot approve a conditional use permit where, as here, the proposed use is not identified. GPOPA renews its objections to the CEQA “determination,” as there was no environmental assessment performed at all, and none can be performed until or unless the scope of the project is identified. City staff’s claim that the environmental effects of an unidentified, zone-change and CUP-required project have been identified and considered in the EIR for the City’s General Plan amendment is nonsensical and wrong. Santa Ana Planning Commission Re: Amendment Application No. 2022-01 and Conditional Use Permit No. 2022-14 October 10, 2022 Page 4 The City must not approve a project that obliterates GPOPA’s interest in the Subject Property and that interferes with utility and drainage easements that serve the GPOPA Property. In order to avoid lengthy litigation regarding this matter, GPOPA respectfully requests the Planning Commission not approve the project unless or until the above-described matters are addressed and resolved. Thank you for your time and consideration. If you have any questions. please contact me at 949-673-1161 or at the address indicated at the top of this letter. Yours truly, Melinda M. Luthin, Esq. of MELINDA LUTHIN LAW cc: Ali Pezeshkpour (apezeshkpour@santa-ana.org) PREPARED BY William Stevens PHONE +1 .. EMAIL ca4rent@yahoo.com We are pleased to provide the enclosed information for your consideration and look forward to being of service in the closing of your transaction. No liability is assumed for the material contained herein. PROPERTY PROFILE REPORT PROPERTY INFORMATION ASSESSORS PARCEL NO: Orange Cnty Transportation Aut 430-171-07 1720 E Garry Ave Santa Ana, Ca 92705 OWNER INFORMATION Primary Owner:ORANGE CNTY TRANSPORTATION AUT APN:430-171-07 Secondary Owner:Vesting:CO Mail Address:550 S MAIN ST ORANGE CA 928631584 Census Tract:755166013 Site Address:1720 E GARRY AVE SANTA ANA CA 92705-5805 Tract/Lot/Block:IRVINES / 116 / 9 Legal Description:P-BOOK: 56 PAGE: 36 PAR: 1 PROPERTY CHARACTERISTICS Year Built / Effective Year Built: 1973 / 1974 Lot Size:222156 Number of Units:0 Bedrooms:0 Square Feet:105558 / 105558 Number of Stories:2.00 Total Bathrooms:0.00 Ground Floor Sqft:0 Garage: Quarter Bath(s) / Half Bath(s) / Partial Bath(s): 0 / 0 / 0 Basement Sqft:0 Property Type 0 Total Rooms:0 Fireplace:0 Use Code:COMMERCIAL Pool:000 Building Style:R30 Zoning:C Latitude:33.704764 Longitude:-117.854063 RECENT SALE & LOAN Transfer Date:2017-12-08 Seller:EQUITABLE GARRY PLAZA PTSHP Transfer Value:$ 14,750,000 Doc #:2017-530248 Cost/SF:$ 0 First Loan Amount:$ 11,062,500 Sale Type:F Title Company:FIRST AMERICAN TITLE INS CO NAT'L COM'L SVCS Lender:PACIFIC PREMIER BK 1 PROPERTY PROFILE REPORT https://ttb-landing-page.herokuapp.com PROPERTY DETAILS: ORANGE CNTY TRANSPORTATION AUT 1720 E GARRY AVE SANTA ANA CA 92705-5805 REPORT GENERATED: August 04, 2022 APN: 430-171-07 COUNTY: ORANGE We are pleased to provide the enclosed information for your consideration and look forward to being of service in the closing of your transaction. No liability is assumed for the material contained herein. Powered by Benutech, Inc. ASSESSMENT & TAX INFORMATION Assessed Value:$15,504,883 Tax Amount:$187,865 Land Value:$7,506,467 Tax Rate Area:11004 Improvement Value:$7,998,416 Tax Year:2021 Percent Improvement:45.12%Assessed Year:2021 Market Land Value:$7,506,467 Tax Status:0000 Market Imp. Value:$7,998,416 Exemption: Market Value:$15,504,883 AERIAL MAP Map data ©2022 Imagery ©2022 , Maxar Technologies, U.S. Geological Survey 2 PROPERTY PROFILE REPORT https://ttb-landing-page.herokuapp.com PROPERTY DETAILS: ORANGE CNTY TRANSPORTATION AUT 1720 E GARRY AVE SANTA ANA CA 92705-5805 REPORT GENERATED: August 04, 2022 APN: 430-171-07 COUNTY: ORANGE We are pleased to provide the enclosed information for your consideration and look forward to being of service in the closing of your transaction. No liability is assumed for the material contained herein. Powered by Benutech, Inc. TITLE CHANGE Recording Date:February 04, 2021 Transfer Amount:$ 0.00 Type of Sale:Gd First TD:$ 0.00 Doc #:2021-80939 Doc Type:G Title Co:Commonwealth Land Title Co.Rate Type:-- Mortgage Doc #:-Lender:-- Buyer Name(s):Orange Cnty Transportation Aut, --Buyer Vesting:Co / -- Seller Name(s):Garry Owners Llc, -- Transaction Flag's:Re-Sale MORTGAGE Recording Date:February 20, 2020 Loan Amount:$ 11,100,000.00 TD Due Date:N/a Lender Name:Calprivate Bk Borrower Name(s):Garry Owners Llc Doc #:2020-70735 Borrower Ownership:Co Borrower Occupancy:N Loan Type:Cnv Type of Rate:Adj Mortgage Term:--Lender Address:Irvine / Ca Loan Flag's:Conventional Loan, Equity Loan, Non-Conforming Loan, Variable Loan Release Date:February 04, 2021 Release Doc:2021-80938 3 PROPERTY PROFILE REPORT https://ttb-landing-page.herokuapp.com PROPERTY DETAILS: ORANGE CNTY TRANSPORTATION AUT 1720 E GARRY AVE SANTA ANA CA 92705-5805 REPORT GENERATED: August 04, 2022 APN: 430-171-07 COUNTY: ORANGE We are pleased to provide the enclosed information for your consideration and look forward to being of service in the closing of your transaction. 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PURCHASE Recording Date:December 08, 2017 Transfer Amount:$ 14,750,000.00 Type of Sale:Gd First TD:$ 11,062,500.00 Doc #:2017-530248 Doc Type:G Title Co:First American Title Ins Co Nat\'l Com\'l Svcs Rate Type:Adj Mortgage Doc #:2017-530249 Lender:Pacific Premier Bk Buyer Name(s):Garry Owners Llc, --Buyer Vesting:Co / -- Seller Name(s):Equitable Garry Plaza Ptshp, -- Transaction Flag's:Conventional Loan, Non-Conforming Loan, Variable Loan, Mortgage Purchase, Re-Sale Release Date:March 24, 2020 Release Doc:2020-131553 MORTGAGE Recording Date:April 10, 2008 Loan Amount:$ 2,165,000.00 TD Due Date:N/a Lender Name:Union Bk/ca Na Borrower Name(s):Equitable Garry Plaza Ptshp Doc #:2008-167159 Borrower Ownership:--Borrower Occupancy:N Loan Type:Cnv Type of Rate:-- Mortgage Term:--Lender Address:Irvine / Ca Loan Flag's:Conventional Loan, Fixed Loan, Non-Conforming Loan, Refiance Loan Release Date:January 11, 2018 Release Doc:2018-10549 4 PROPERTY PROFILE REPORT https://ttb-landing-page.herokuapp.com PROPERTY DETAILS: ORANGE CNTY TRANSPORTATION AUT 1720 E GARRY AVE SANTA ANA CA 92705-5805 REPORT GENERATED: August 04, 2022 APN: 430-171-07 COUNTY: ORANGE We are pleased to provide the enclosed information for your consideration and look forward to being of service in the closing of your transaction. 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MORTGAGE Recording Date:January 16, 2008 Loan Amount:$ 2,700,000.00 TD Due Date:N/a Lender Name:Union Bk/ca Na Borrower Name(s):Equitable Garry Plaza Ptshp Doc #:2008-23407 Borrower Ownership:Lp Borrower Occupancy:-- Loan Type:Cnv Type of Rate:-- Mortgage Term:--Lender Address:Los Angeles / Ca Loan Flag's: MORTGAGE Recording Date:December 22, 1997 Loan Amount:$ 2,700,000.00 TD Due Date:N/a Lender Name:Union Bk/ca Na Borrower Name(s):Equitable Garry Plaza Ptshp Doc #:1997-657300 Borrower Ownership:Co Borrower Occupancy:N Loan Type:Cnv Type of Rate:-- Mortgage Term:--Lender Address:Irvine / Ca Loan Flag's:Conventional Loan, Fixed Loan, Non-Conforming Loan, Refiance Loan Release Date:April 28, 2008 Release Doc:2008-197640 5 PROPERTY PROFILE REPORT https://ttb-landing-page.herokuapp.com PROPERTY DETAILS: ORANGE CNTY TRANSPORTATION AUT 1720 E GARRY AVE SANTA ANA CA 92705-5805 REPORT GENERATED: August 04, 2022 APN: 430-171-07 COUNTY: ORANGE We are pleased to provide the enclosed information for your consideration and look forward to being of service in the closing of your transaction. 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Nearby Neighbors - Map LIST VIEW No.Owner Address Date Price Bld/Area RM/Br/Bth YB Lot area (SF)Type Subject Property 12/08/2017 $ 14,750,000 -/0/0 1973 223158 1.Vargas Refugio C 03/21/1997 $0 955 -/2/1 1964 6960 Rsfr 2.Rosemary Ramirez Trust 11/30/-0001 $0 805 -/2/1 1947 6912 Rsfr 3.Larios Jose Esquivel 07/03/2006 $580,000 1546 -/2/2 1918 6912 Rsfr 4.Gaytan Amador & Julissa 02/10/1999 $178,000 424 -/2/1 1965 6700 Rsfr 5.Gonzales Mary M I T 11/30/-0001 $0 870 -/2/1 1981 6912 Rsfr 6.Mendoza Agustin 06/28/2002 $263,500 1096 -/3/2 2002 6912 Rsfr 7.Entrust Group Inc 03/26/2014 $465,000 976 -/2/1 1950 6912 Rsfr 8.Rivera Eduardo 07/08/2004 $455,000 1788 -/5/2 1940 6912 Rsfr 9.Aguayo Blanca Rosa 09/07/1973 $22,500 1762 -/4/1 1905 6912 Rsfr 10.Medina Juliette M 11/05/1987 $0 2015 -/5/2 1964 0 Rsfr VIEW ALL RECORDS › 6 PROPERTY PROFILE REPORT https://ttb-landing-page.herokuapp.com PROPERTY DETAILS: ORANGE CNTY TRANSPORTATION AUT 1720 E GARRY AVE SANTA ANA CA 92705-5805 REPORT GENERATED: August 04, 2022 APN: 430-171-07 COUNTY: ORANGE We are pleased to provide the enclosed information for your consideration and look forward to being of service in the closing of your transaction. 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Next Sellers - Map LIST VIEW No.Owner Address Date Price Bld/Area RM/Br/Bth YB Lot area (SF)Type Subject Property 12/08/2017 $ 14,750,000 -/0/0 1973 223158 1.Rivera Eduardo 07/08/2004 $455,000 1788 -/5/2 1940 6912 Rsfr 2.Lopez-ortiz Juan F 09/25/2002 $285,000 1596 -/3/3 1958 6932 Rsfr 3.Robles Juan Escobedo 10/16/2003 $139,000 1249 -/4/2 2004 7375 Rsfr 4.Nasseri Ali Tehrani Tr 12/24/2003 $70,000 1165 -/3/1 1915 6454 Rsfr 5.Mollineda Martha 08/16/2002 $140,000 788 -/2/1 1948 9000 Rsfr 6.Colwell Valerie 04/26/2004 $310,500 1248 -/2/3 2003 0 Rcon 7.Herrera Sylvia Trust 09/23/2003 $387,000 1787 -/3/3 2003 0 Rcon 8.Kurniawan Herman 10/22/2003 $401,500 1787 -/3/3 2003 0 Rcon 9.Nguyen Thanh Ngoc The 11/18/2003 $401,500 1787 -/3/3 2003 0 Rcon 10.Ter-stepanlan David 04/16/2004 $358,500 1480 -/2/3 2003 0 Rcon VIEW ALL RECORDS › 7 PROPERTY PROFILE REPORT https://ttb-landing-page.herokuapp.com PROPERTY DETAILS: ORANGE CNTY TRANSPORTATION AUT 1720 E GARRY AVE SANTA ANA CA 92705-5805 REPORT GENERATED: August 04, 2022 APN: 430-171-07 COUNTY: ORANGE We are pleased to provide the enclosed information for your consideration and look forward to being of service in the closing of your transaction. No liability is assumed for the material contained herein. Powered by Benutech, Inc. Limitations of liability LIMITATIONS OF LIABILITY THIS REPORT IS LIMITED IN SCOPE. IT IS NOT A COMMITMENT, ABSTRACT OF TITLE, TITLE OPINION, CERTIFICATE OF TITLE OR PRELIMINARY TITLE REPORT, NOR IS IT A REPRESENTATION OF THE STATUS OF TITLE, AND ITS ACCURACY IS NOT INSURED.WHILE THIS INFORMATION IS BELIEVED TO BE CORRECT, THE COMPANY MAKES NO REPRESENTATIONS AS TO ITS ACCURACY,DISCLAIMS ANY WARRANTIES AS TO THE REPORT, ASSUMES NO DUTIES TO YOU OR ANY THIRD PARTY, DOES NOT INTEND FOR YOU OR ANY THIRD PARTY TO RELY ON THE REPORT, AND ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE ON THIS REPORT OR OTHERWISE. IN PROVIDING THIS REPORT, THE COMPANY IS NOT ACTING AS AN ABSTRACTOR OF TITLE. IF IT IS DESIRED THAT LIABILITY BE ASSUMED BY THE COMPANY, YOU MAY REQUEST AND PURCHASE A POLICY OF TITLE INSURANCE, A BINDER, OR A COMMITMENT TO ISSUE A POLICY OF TITLE INSURANCE. NO ASSURANCE IS GIVEN AS TO THE INSURABILITY OF THE TITLE. CUSTOMER RECOGNIZES THAT THE FEE CHARGED IS NOMINAL IN RELATION TO THE POTENTIAL LIABILITY WHICH COULD ARISE FROM SUCH ERRORS, OMISSIONS OR NEGLIGENCE. THEREFORE, CUSTOMER UNDERSTANDS THAT THE COMPANY IS NOT WILLING TO PROCEED IN THE PREPARATION AND ISSUANCE OF THE REQUESTED REPORT UNLESS THE COMPANY'S LIABILITY IS STRICTLY LIMITED. CUSTOMER AGREES, AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THE REPORT, THAT THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS AGENTS, SUBSIDIARIES,AFFILIATES, EMPLOYEES AND SUBCONTRACTORS SHALL NOT IN ANY EVENT EXCEED THE COMPANY'S TOTAL FEE FOR THE REPORT. IN NO EVENT WILL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUBCONTRACTORS OR AGENTS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE OF THE COMPANY, STRICT LIABILITY,BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. This report is being provided as a general service to the community at large without the condition of the referral of title insurance business. 8 PROPERTY PROFILE REPORT https://ttb-landing-page.herokuapp.com PROPERTY DETAILS: ORANGE CNTY TRANSPORTATION AUT 1720 E GARRY AVE SANTA ANA CA 92705-5805 REPORT GENERATED: August 04, 2022 APN: 430-171-07 COUNTY: ORANGE We are pleased to provide the enclosed information for your consideration and look forward to being of service in the closing of your transaction. No liability is assumed for the material contained herein. Powered by Benutech, Inc.