Item 41 - Amendment Application No. 2022-01 and Appeal Nos. 2022-01 and 2022-02

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City Response to Melinda Luthin Appeal No. 2022-02 Comment 1: This comment states that the Planning Commission had no authority to approve the conditional use permit (CUP) because not all record owners of all interests in the subject property (1700-1740 E. Garry Avenue) joined or approved the application. Response 1: A complete application was submitted for the CUP, including a submittal affidavit signed by the applicant. The information on the submittal affidavit is consistent with the grant deed provided with the application. The submitted materials were determined complete and the item was subsequently placed on the Planning Commission agenda on August 22, 2022, and then October 10, 2022, for consideration. Comment 2: This comment states that the CUP would "obliterate easements that serve and are for the benefit of the Gary [sic] Plaza Office Park," which abuts the project site to the east, and that the City may not grant a permit that interferes with the rights of the easement holders. Response 2: The project site is affected by five easements, some of which will remain, others of which will be quitclaimed or modified as needed. These five easements are as follow: Easement Description Status Response Abutter — Rights of ingress and To remain This easement allows potential access from the egress to or from the street or future Alton Avenue overcrossing right-of-way highway abutting said land (1968) along the southern edge of the project site. No — from the future Alton Avenue modification is required. overcrossing onto the project site Southern California Edison (SCE) To be This easement is for SCE's utilities from Garry Company — for public utilities, quitclaimed Avenue onto the project site. It does not affect the ingress and egress, and incidental adjacent property, but will need to be quitclaimed purposes (1974) — from Garry when the project site is redeveloped with the new Avenue south on the project site building and resulting site plan. to a junction box on the project site SCE — for public utilities, ingress To be This easement is for SCE's utilities to the buildings and egress, and incidental quitclaimed and other areas on the project site. It does not purposes (1974) — on the project affect the adjacent property, but will need to be site, branching into 7 directions on quitclaimed when the project site is redeveloped the project site to serve multiple with the new building and resulting site plan. buildings and onsite improvements Abutter — for reciprocal easement To be This is a private easement between the subject and agreement (1977) —allowing partially property and adjacent property at 1800 & 1820 E. cross -parcel ingress and egress quitclaimed Garry Avenue that allows cross -parcel ingress and between the project site and the egress, but the easement does not specify exactly adjacent property at 1800 & 1820 where the points of cross -parcel ingress and E. Garry Avenue egress are. The easement intends to allow each property to allow usage of drive aisles to reach Garry Avenue and Daimler Street. When partially quitclaimed, the adjacent property will still have access to Garry Avenue and Daimler Street, in full accordance with City and Orange County Fire Authority regulations. Modification of this easement is a private matter between the two parties, but a condition of approval no. 9 on the resolution for Exhibit 15 Page 1 of ;