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

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A1I_\N► 1911 Angie Cano and Levi Cano 563 North Fairview St. Santa Ana, CA 92703 Wednesday, December 6, 2023 To the Members of the Santa Ana Planning Commission: Subject: Opposition to Agenda items regarding Vista Heritage Charter School's Proposed of Project (DP No. 2023-10). Dear Commissioners, My father, Levi Cano, and I, Angie Cano, located at 563 North Fairview St., Santa Ana, CA 92703, as concerned members of the Civic Center Business Park, want to express our continued opposition to the proposed construction of fences and a playground proposed by Vista Heritage Charter School and Red Hood Capital Partners in our parking spaces and common areas. The plans to build fences and a playground in our shared spaces will negatively affect our association's character and safety. This opposition is grounded in the historical and legal precedents set forth by our association, as well as the explicit terms outlined in our Covenants, Conditions, and Restrictions (CC&Rs), and other legally binding documents governing our community. We wish to bring to your attention several key points that directly conflict with Vista Charter's proposal: 1. Restrictions on Erecting Fences (Article VII, Section 7.3 of the CC&Rs, Page 27): On October 18, 2002, Civic Center Business Park Owner's Association's legal counsel determined that unit owners are not permitted to erect a fence or other boundary around any parking space. This directly contradicts Vista Charter's intention to build fences in common areas. We would like to continue to highlight Section 2.2.4 of the CR&R, specifically, the requirement 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. We believe any alterations or changes to the Common Area, as presented by Vista Charter School, must adhere to these established rules. 2. Reciprocal Easement Agreement: The removal of parcels 3 and 4 from the Association in Amendment 1 recorded on January 3, 1986, led to formal arrangements, known as "Agreement of Reciprocal Easements (July 2, 1986, the 'Agreement' Document Number B6-284222)." This Agreement allowed parking across all parcels, including parcels 3 and 4. This agreement explicitly prohibits the construction of barriers, such as fences or walls, that would impede access. Vista Charter's plan would violate this agreement. 3. Unanimous Written Consent of Members Document (June 9, 1993): This document, which repealed previous bylaws and adopted new ones, clearly delineates the shared common areas, including parking spaces, as communal property not owned individually City Council 26 — 603 1/16/2024