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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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Stradl ng <br />Sean B. Absher <br />415 283 2242 <br />sabsher@stradlinglaw.com <br />December 6, 2023 <br />VIA EMAIL <br />Dr. Collin Felch <br />Deputy Superintendent <br />Vista Charter Public Schools <br />2609 West Fifth St. <br />Santa Ana, CA 92703 <br />Stradling Yocca Carlson & Rauth <br />A Professional Corporation <br />44 Montgomery Street, Suite 4200 <br />San Francisco, CA 94104 <br />415 283 2240 <br />stradlinglaw.com <br />Re: Vista Charter School Phase IV; Conditional Use Permit Application; Civic Center <br />Business Park <br />Dear Dr. Felch: <br />It is our understanding that Vista Charter Public Schools ("VCPS") has submitted a conditional use <br />permit application ("CUP Application") to the City of Santa Ana concerning the Vista Charter <br />School Phase IV project ("Project"). The Project is located on Parcel 1, Parcel 2 and Parcel 4 as <br />legally described and shown in Parcel Map No. 84-886, filed in Book 198, Pages 19-20 of Official <br />Records ("Parcel Map"). <br />With respect to the CUP Application and Project, you have asked us to evaluate what rights, if any, <br />are held by the owners of Building C and Building D within the Civic Center Business Park that <br />would impair VCPS's right to develop the Project and process the CUP Application. In undertaking <br />this evaluation, we have reviewed the original Declaration recorded April 19, 1985 as Document No. <br />85-240398 of Official Records, the First Amendment to original Declaration recorded January 3, <br />1986 of Official Records and the Second Amendment to original Declaration recorded August 10, <br />2016 as Document No 2016-000375684 of Official Records applicable to the formation, management <br />and operation of the Civic Center Business Park (collectively, the "Materials"). <br />Based on my review of the Materials, it is our opinion that the owners of Building C and Building D <br />do not have any property rights in Parcel 1, Parcel 2 and Parcel 4 that would impair VCPS's right to <br />develop the Property and process the CUP Application. First, pursuant to the First Amendment to <br />original Declaration, Parcel 4 is no longer a part of the Civic Center Business Park. Accordingly, the <br />owners of Building C and Building D do not hold any property rights in Parcel 4 that would impair <br />the right of VCPS to develop the Project and process the CUP Application. Second, the owners of <br />Building C and Building D do not hold any property rights to common area located within the Civic <br />4877i77ounce 26 — 650 1/16/2024 <br />
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