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HomeMy WebLinkAboutCorrespondence - Item 18 Flores, Dora From:Alcala, Abigail Sent:Tuesday, February 3, 2026 2:40 PM To:Flores, Dora Subject:FW: Appeal Application No. 2025-2-APC Abigail Y. Alcala, MBA, CMC | Assistant City Clerk City of Santa Ana - City Clerk’s Office 20 Civic Center Plaza | Santa Ana, CA 92701 714-647-6520 | aalcala@santa-ana.org City Hall hours are 8 a.m. to 5 p.m. Monday through Thursday, and 8:00 a.m. to 5:00 p.m. every other Friday. Click here for a list of observed holidays and Friday closure dates. The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. It is available to download from the Apple App Store and on Google Play. Click here to report an issue directly from the City website. From: Arias, Fernanda Sent: Tuesday, February 3, 2026 2:17 PM To: Hall, Jennifer <jhall@santa-ana.org>; Alcala, Abigail <AAlcala@santa-ana.org> Cc: Ocampo, Nuvia <nocampo@santa-ana.org>; Zapien, Gema <gzapien@santa-ana.org> Subject: FW: Appeal Application No. 2025-2-APC Hello, I received the public comment below for item no. 18 on tonight’s agenda. Thank you, Fernanda Arias Hernandez Associate Planner, Planning Division City of Santa Ana |Planning and Building Agency (M-20) 20 Civic Center Plaza | P.O. Box 1988 |Santa Ana, CA 92702 (714) 667-2792| FArias@santa-ana.org | (She/Her) The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. Download the App: Click here to report an issue directly from the City website. 1 From: ED GUTIERREZ < Sent: Saturday, January 31, 2026 6:53 AM To: Arias, Fernanda <farias@santa-ana.org> Cc: Mills, Susan <smills@santa-ana.org>; Janet Brown <Janet.Brown2@mail.house.gov> Subject: Re: Appeal Application No. 2025-2-APC Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Supplemental Clarification Regarding Tentative Hearing Date, Notice Timing, and Postmark To the Planning Department, Assigned Case Planner, and the City of Santa Ana, This supplemental correspondence is submitted in advance of the February 3, 2026 City Council hearing to clarify the timing, nature, and adequacy of notice provided for the appeal hearing, and to ensure that these procedural facts are accurately reflected in the administrative record. In correspondence dated December 8, 2025, the assigned City Planner advised that the appeal application had been “tentatively scheduled” for the City Council meeting of February 3, 2026. No subsequent correspondence was provided to confirm that the appeal had been finalized on the City Council agenda or that the February 3 date was no longer tentative. The only mailed notice confirming that the appeal would in fact be heard on February 3, 2026 was the public hearing notice addressed to “Occupant.” That envelope bears a USPS postmark dated January 26, 2026, and USPS Informed Delivery records show that the same item entered the local delivery stream on or about January 28, 2026. Under these circumstances, the appellant’s first formal confirmation that the appeal would proceed on February 3, 2026 occurred only days before the scheduled hearing. Where the City itself characterizes a hearing date as tentative and provides no subsequent individualized confirmation, reliance on a late-mailed, generically addressed notice does not provide a meaningful opportunity to prepare or participate. By contrast, the City has demonstrated in unrelated public hearing contexts—such as the March 17, 2026 noticed hearing regarding water, sewer, and recycled water service—that it can and does provide individualized notice addressed to named persons and afford substantially greater advance time for public participation. Generic “Occupant” addressing, combined with a January 26, 2026 mailing date and the absence of prior confirmed notice, was not reasonably calculated to support meaningful participation in this discretionary appeal hearing. These notice and timing deficiencies compound the procedural concerns raised in the appeal and should be considered in evaluating whether final action is appropriate at this time. Please include this correspondence in the administrative record and forward as appropriate for legal review. Respectfully submitted, Edward Gutierrez On behalf of the Sally C. Gutierrez Trust Appellant / Adjoining Property Owner Santa Ana, CA 92704 2 On Jan 31, 2026, at 6:43 AM, ED GUTIERREZ < wrote: Subject: Appeal of CUP-MOD – February 3, 2026 City Council Hearing | Outstanding Request for Legal Analysis, Findings, and Procedural Deferral To the Planning Department, Assigned Case Planner, and the City of Santa Ana, This correspondence is submitted in advance of the February 3, 2026 City Council hearing to formally memorialize and reiterate a prior request, dated December 8, 2025, for written legal analysis and written findings addressing the issues raised in the pending appeal of the CUP-MOD approval. As stated in the December 8, 2025 correspondence, the appeal and opposition packet raises numerous questions of law and procedural compliance, including but not limited to CEQA applicability and claimed exemptions; the applicability of CEQA exemption exceptions based on evidence submitted on appeal; cumulative impacts; land-use authority; public safety; and civil-rights and fair-housing obligations. These matters are not issues of planning discretion alone, but require formal legal analysis and legal justification by the City as the approving agency, supported by applicable law, findings, and substantial evidence in the administrative record. To date, while the City has identified the assigned case planner and scheduled the appeal hearing, no written legal analysis or written findings responding to the legal issues raised in the appeal packet have been provided. This submission is intended to place on the record that such legal analysis and findings were formally requested on December 8, 2025, and remain outstanding as of the eve of the February 3, 2026 City Council hearing. Meaningful participation in a discretionary land-use appeal—particularly where CEQA compliance and the legal sufficiency of the approval are challenged—requires disclosure of the City’s legal position in a manner that allows review prior to, or at minimum as part of, the public hearing materials. A generalized planning response or staff recommendation is insufficient where the appeal squarely challenges the legal basis for the approval itself. Requested Procedural Outcome Given the unresolved CEQA and legal issues raised in the appeal and opposition packet, and the absence of written legal analysis and findings addressing those issues, the appellant respectfully requests that the City Council defer final action on the CUP-MOD approval until all CEQA obligations are satisfied and the City’s legal basis for the approval is fully articulated in the administrative record. Proceeding with final approval at this time would be premature and inconsistent with CEQA’s procedural requirements. If the City proceeds with the February 3, 2026 hearing without issuing written legal analysis and findings responsive to the appeal, we respectfully request that the administrative record reflect that such analysis and findings were formally requested in advance and not provided. 3 Please include this correspondence in the administrative record and forward as appropriate for legal review. Respectfully submitted, Edward Gutierrez On behalf of the Sally C. Gutierrez Trust Appellant / Adjoining Property Owner Santa Ana, CA 92704 On Dec 8, 2025, at 12:24 PM, ED GUTIERREZ < wrote: Subject: Appeal of CUP-MOD – February 3, 2026 City Council Hearing | Requirement for Formal Legal Response Thank you for confirming that you are the case planner assigned to the appeal application. As previously stated, this appeal raises multiple questions of law and procedural compliance, including but not limited to issues of CEQA applicability and exemptions, land-use authority, cumulative impacts, public safety, and civil rights and fair-housing obligations. These are not matters of planning discretion alone, but matters that require formal legal analysis and legal justification by the City as the approving agency. Accordingly, we formally request and expect that all legal issues raised in the appeal be addressed from a legal standpoint, in writing, and made part of the public administrative record in advance of, or at minimum as part of, the February 3, 2026 City Council hearing. A generalized planning response is insufficient where the 4 appeal squarely challenges the legal sufficiency of the approval itself. The burden rests with the City of Santa Ana to clearly articulate and defend the legal basis for the approval on appeal, supported by applicable law, findings, and substantial evidence in the record. Thank you for confirming your role as case planner. We will review the City’s formal legal position when it is issued as part of the appeal materials. Edward Gutierrez Inviato dal mio iPhone On Dec 8, 2025, at 12:16 PM, Arias, Fernanda <farias@santa-ana.org> wrote: I am the case planner in charge of the appeal application. Thanks, 5 Flores, Dora From:ED GUTIERREZ <talk2edg@gmail.com> Sent:Tuesday, February To:!City Clerk; Arias, Fernanda Cc:Janet Brown; Mills, Susan Subject:Limited Timeframe to Submit or Speak in Opposition – Appeal Application No. 2025-02 Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Dear City Clerk and Members of the City Council, I am writing in advance of the February 3, 2026 public hearing on Appeal Application No. 2025-02 concerning Conditional Use Permit No. 1982-18-MOD-1, to formally note and preserve concerns regarding the limited timeframe available for submitting written opposition and providing oral testimony. The notice for this appeal indicates that written comments must be submitted no later than 4:00 p.m. on the day of the hearing and that oral testimony will be taken subject to time constraints established by the Council. Given the complexity of the project, the volume of issues raised, and the significance of the appeal—including land use compatibility, operational impacts on an R-1 residential neighborhood, and CEQA exemption determinations—the available time to submit or present opposition is materially limited. This correspondence is submitted to ensure the administrative record reflects that any inability to fully present evidence, play audio exhibits, or articulate the legal and factual basis for opposition during the hearing is a function of procedural time constraints, and not a waiver of issues, objections, or arguments related to the proposed CUP modification or the City’s reliance on a categorical exemption under CEQA. I respectfully request that this email be included in the official administrative record for the appeal and considered in conjunction with any oral or written testimony submitted before or during the hearing. This submission is intended to preserve all objections and positions raised or intended to be raised in opposition to the CUP, whether or not sufficient time is ultimately afforded during the public hearing itself. Thank you for your attention and for including this correspondence as part of the record. Sincerely, Edward Gutierrez Inviato dal mio iPhone 1 Flores, Dora From:ED GUTIERREZ <talk2edg@gmail.com> Sent:Tuesday, February To:!City Clerk; Arias, Fernanda Cc:ED ME DOLLY; Mills, Susan; Janet Brown Subject:Preservation of Position Regarding Audio Evidence and CEQA Exemption – Appeal Hearing Attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Re: City Council consideration of Appeal Application No. 2025-02, Dear City Clerk and Members of the Council, I am submitting this email in advance of the appeal hearing scheduled for February 3, 2026, for the purpose of preserving my position in the administrative record should time constraints or procedural limitations prevent full presentation during the hearing. At the hearing, I intend to introduce an audio recording documenting repeated, amplified, daytime noise associated with on-site events occurring on the project grounds and intruding into adjoining R-1 residential properties. The recording is offered as evidence of ongoing operational conditions, not as an isolated or anecdotal occurrence. This evidence is directly relevant to the City’s consideration of CEQA compliance. Under Public Resources Code section 21084(c) and CEQA Guidelines section 15300.2(c), a categorical exemption may not be relied upon where substantial evidence demonstrates a reasonable possibility of a significant environmental effect. Noise impacts that materially interfere with residential use and enjoyment constitute a recognized environmental effect under CEQA. The audio recording constitutes substantial evidence of such impacts. In the event I am not permitted sufficient time to introduce the recording, play it in full, or articulate its legal significance during the hearing, this email is submitted to ensure the administrative record reflects that the issue was timely raised, supported by evidence, and not waived. Continued reliance on a categorical exemption in the presence of this evidence would be legally impermissible absent specific contrary substantial evidence identified in the record. I respectfully request that this correspondence be included in the official administrative record for the appeal and considered in conjunction with any evidence submitted or referenced at the hearing. Thank you for your attention and for preserving this submission as part of the record. Sincerely, Edward Gutierrez Inviato dal mio iPhone 2