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 Easement Description Status Response Conditional Use Permit No. 2022-14) has been added to reinforce that the two parties must complete any modification of this easement prior to issuance of building permits for the project. SCE — for public utilities, ingress To remain This easement allows SCE to access its overhead and egress, and incidental utilities on the west side of the project site. No purposes (1987) — to allow access modification is required. to overhead utility lines In addition to these five easements, there exists a drainage easement entirely on the adjacent site at 1800 & 1820 E. Garry Avenue. This easement is for the benefit of the project site, allowing drainage from the project site onto the adjacent property. However, this drainage easement will no longer be necessary, because once the site is redeveloped, the proposed project will capture all its runoff onsite and will no longer depend on cross -property drainage. Comment 3: This comment states that the City did not allow members of the public to view the CUP application and that it is impossible to determine if the CUP application contained all required information or if it was filed by the property owner or agent. Response 3: The City provided the appellant the opportunity to view the project file by submitting a request to view public records. The appellant ultimately filed the request, and the project materials were made available for viewing. Comment 4: This comment states that the Planning Commission approved an application not contained in the agenda packet. Response 4: The Planning Commission agenda packet contained all necessary information for the Planning Commission to evaluate the project, including a staff report, draft resolution and ordinance, copy of public notice, and relevant exhibits. The staff report contains a detailed project description and analysis of the requested CUP and amendment application (zone change). The full agenda packet was published online and remains available for viewing at https://santa- ana.primegov.com/Portal/Meeting?meetingTemplateId=19499 . Comment 5: This comment states that the Planning Commission approved an application it "appears not to have reviewed." Response 5: This comment is similar to Comment No. 4 Comment 6: This comment claims that the Planning Commission's approval of the CUP is in violation of Santa Ana Municipal Code (SAMC) Section 41-630 et seq. Response 6: The appellant does not provide any further justification for this claim. However, the application was reviewed and processed in compliance with all Santa Ana Municipal Code and state requirements. Exhibit 15 Page 2of5