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

Home Browse Search

akerman Akerman LLP 601 West Fifth Street Suite 300 Los Angeles, CA 90071 T: 213 688 9500 F: 213 627 6342 ATTORNEY CLIENT WORK PRODUCT Memorandum From: Lisa Kolieb, Esq., Akerman LLP To: Vista Charter Public Schools Date: December 8, 2023 Subject: Civic Center Business Park CC&R and Reciprocal Easement Review You have asked us to review the "Industrial Condominium Enabling Declaration of Covenants, Conditions and Restricted for Civic Center Business Park, Santa Ana, California", dated April 1985, as amended, ("CC&Rs") and "Agreement of Reciprocal Easements," dated June 17, 1986 ("Easement Agreement"), to determine whether the CC&Rs or Easement Agreement prohibit or otherwise restrict the proposed development of a fenced play area for the Vista Charter School within the existing "Buildings A/B Common Area", as defined therein! We understand that the play area is proposed to be located within the Buildings A/B Common Area and additional improvements are proposed on Parcel 4. In short, the CC&Rs only currently apply to Parcels 1 and 2, as Parcels 3 and 4 were removed from the CC&Rs pursuant to the First Amendment to the CC&Rs, approved in December 1985. Accordingly, the improvements proposed on Parcel 4 are not limited by the CC&Rs. However, the play yard proposed within the Buildings A/B Common Area is subject to the CC&Rs. Pursuant to the Second Amendment to the CC&Rs, approved in May 2016, the "Buildings AB Maintenance Area" (which includes the Buildings A/B Common Area) is now considered to be a "Restricted Common Area" for exclusive use by buildings A and B. The CC&Rs, as amended, designated the Common Area as "exclusive" to the owners of Buildings A and B and do not explicitly restrict the permitted uses within the Buildings AB Maintenance Area. Therefore, as long as the proposed use is considered to be "common" to the owners of buildings A and B, there appear to be no 1 This Memorandum only analyzes the CC&Rs and Easement Agreement and does not analyze whether the proposed use is otherwise permissible pursuant to the City of Santa Ana's Municipal Code or previous approvals for the site. This analysis is based solely on our review of the original CC&Rs, as well as the First and Second Amendments to the CC&Rs, as well as the Easement Agreement provided to us by you. Moreover, this memorandum does not constitute a formal legal opinion. akerman.com 7191ify Council 26 — 615 1/16/2024