Item 26 - Public Hearing Vista Heritage Charter School (601 North Fairview Street)

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Ocampo, Nuvia From: Barry Einck <esigndesign@yahoo.com> Sent: Friday, December 8, 2023 4:18 PM To: eComments, PBA Cc: Angie Gmail Cano; Dave Hunt; Scotty Lee; Anh Le; Paola Marrufo; Robin Owens Subject: Opposition to Vista Charter proposal (DP No. 2023-10) Follow Up Flag: Follow up Flag Status: Flagged Hello members of the SA Planning Commission. My name is Barry Einck. My property address is 523 North Fairview. I along with 11 other owners are located on the exact property which is being impacted by the Vista Charter proposal. We are all located within a planned HOA community governed by CC&R and recorded documents that protect the common areas of this community. The recorded Reciprocal Easement Agreement (86-284222) contains the following language, which is in direct conflict with Vista charter proposal: "This agreement allows parking across all parcels." "This agreement explicitly prohibits the construction of barriers, such as fences or walls." When the SD 82 was revised to allow the school to occupy their current location, there was a specific line item added to the zoning, which indicated "no outdoor recreation area would be allowed". I don't understand why that line item is now being ignored, and potentially allowing the school to fence off and occupy common area property for an outdoor recreation area. Please remember, this is a Commercial Business Park, which has typical industrial operations, which are potentially hazardous and dangerous in nature. We have semi trucks, delivery trucks and forklifts operating in the immediate vicinity of the proposed outdoor recreation area. By the removal of additional parking spaces for the use of an outdoor recreation area is going to greatly impact the parking situation in the park and increase the level of danger due to the additional congestion created. Also section 2.2.4 of our association's Covenants, Conditions, and Restrictions (CC&Rs) mentions that the common interest in the Common Area cannot be altered without the consent of all Unit Owners and 75% of first Mortgagees of Units. I know alterations or changes to the Common Area, as presented by Vista Charter School, must adhere to these established rules. I feel that it is very important that the planning commission considers these rules from our HOA recorded documents in making a decision regarding this proposal. Please include this letter to be on file with all of the pertaining information for this planning commission proposal. Thank you for your time and consideration. Regards, Barry Einck 523 N Fairview 714-697-8730 City Council 26 — 586 1/16/2024