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Item 26 - Public Hearing Vista Heritage Charter School (601 North Fairview Street)
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Item 26 - Public Hearing Vista Heritage Charter School (601 North Fairview Street)
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1/23/2024 11:33:12 AM
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1/23/2024 11:31:29 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
26
Date
1/16/2024
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A1I_\N► 19111 <br />Angie Cano and Levi Cano <br />563 North Fairview St. <br />Santa Ana, CA 92703 <br />angiercano@gmail.com <br />714-957-5744 <br />Wednesday, December 6, 2023 <br />Board of Directors <br />Civic Center Business Park Owners Association Board <br />PO Box 131 <br />Trabuco Canyon, CA 92678 <br />Subject: Opposition to Agenda Items - December 6, 2023, regarding Vista Heritage Charter <br />School's Proposed Construction Plans of Fences and Playground in Common Areas. <br />Dear Directors Scott Lee, Danny De Leon, and Don Donald S. Wilson, <br />My father, Levi Cano, and I, Angie Cano, located at 563 North Fairview St., Santa Ana, CA 92703, <br />as concerned members of the Civic Center Business Park, want to express our continued <br />opposition to the proposed construction of fences and a playground proposed by Vista Heritage <br />Charter School and Red Hood Capital Partners in our parking spaces and common areas. <br />This opposition is grounded in the historical and legal precedents set forth by our association, as <br />well as the explicit terms outlined in our Covenants, Conditions, and Restrictions (CC&Rs), and <br />other legally binding documents governing our community. We wish to bring to your <br />attention several key points that directly conflict with Vista Charter's proposal: <br />1. Restrictions on Erecting Fences (Article VII, Section 7.3 of the CC&Rs, Page 27): On <br />October 18, 2002, Civic Center Business Park Owner's Association's legal counsel <br />determined that unit owners are not permitted to erect a fence or other boundary <br />around any parking space. This directly contradicts Vista Charter's intention to build <br />fences in common areas. We would like to continue to highlight Section 2.2.4 of the <br />CR&R, specifically, the requirement that the common interest in the Common Area <br />cannot be altered without the consent of all Unit Owners and 75% of first Mortgagees of <br />Units. We believe any alterations or changes to the Common Area, as presented by Vista <br />Charter School, must adhere to these established rules. <br />2. Reciprocal Easement Agreement: The removal of parcels 3 and 4 from the Association in <br />Amendment 1 recorded on January 3, 1986, led to formal arrangements, known as <br />"Agreement of Reciprocal Easements (July 2, 1986, the 'Agreement; Document Number <br />B6-284222)." This Agreement allowed parking across all parcels, including parcels 3 and <br />City Council 26 — 611 1/16/2024 <br />
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