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causes, and thus on the finding that the proposed project will not adversely impact the community as required by Section 41-638 of the SAMC. 2) Refer the matter to the Historic Resources Commission. As described in my previous correspondence to you, I believe that the Planning Agency has exceeded its authority and that the matter must be referred to the Historic Resources Commission pursuant to the Mills Act, for determination whether the use of the building and grounds as a cultural center is compatible with the original historical use as a single family residence. 3) Remand the matter for assessment of the status of the Viet Heritage Garden and Viet Heritage Foundation at 2221 N Heliotrope and how their possible continued operation affects the finding that this project is for private family use. *I learned about the Garden and Foundation because I was not able to attend the Planning Commission hearing on August 26. However, I submitted a request for City Public Records (CPRR #-1822) and found through this and other public sources information suggesting that the Planning Agency has not yet fulfilled the standards of Sec. 41-638 for granting applications for this conditional use permit. In the project records and correspondence I reviewed, there is little explanation for why the Department believes this pavilion has been or will continue to be limited to personal single-family use, and substantial evidence it may be used to provide a more public service to the community. *First, when the Planning Agency and Commission justify the conditional use permit in their reports because it will be limited to private use it doesn’t seem to align with the actual specific use intended for this pavilion that the owner described in her March 14, 2023 note to the Mayor Pro Tem that was forwarded to the Planning Department, and then released in my City public records request (CPRR #24-1822 September 17, 2023). In her March 14, 2023 note to the Mayor Pro Tem, the owner acknowledged the City’s recognition of the Heritage Foundation as "encouragement for our endeavors to contribute a genuine Vietnam cultural space for people of Viet Heritage and also for the community at large. “This use of 2221 Heliotrope Drive as a “cultural space for the community at large” has been confirmed by many neighbors’ reports of the property owner’s use of the site as a cultural center (e.g., seasonal cultural gatherings, festivals, and tours) that brings a high volume of activity, cars, and school buses.) *However, after the owner made her statement in her March 14, 2023, note that was forwarded from City Council to the Planning Agency, (CPRR #24-1822 September 17, 2023, enclosed), I did not find any discussion in the City’s records on how whether the property should be allowed to be used fas a Heritage Garden or public as opposed to private use. Although at the Planning Commission hearing the owner clearly that she understood that only private use is allowed, I don’t recall any other documents in the City records showing that the City, the Agency, or the owner, considered the Garden and Foundation in the discussion of whether this tower and the residence would be for private or public use. The information and findings in the Planning Agency and Commission reports to secure the Council's approval of this resolution that the pavilion would be used only for private purposes therefore still seem incomplete and possibly inaccurate on this point. *I concluded there just wasn’t enough reliable evidence anywhere in the record to predict that, moving forward, the use of the Pavilion in the new Heritage Garden would be private. * The current and future status, and activities of the owner’s apparent nonprofit Heritage Foundation and the Heritage Garden on the pavilion project, the owner’s residence, and our neighborhood need to be specifically and publicly addressed now before a fair decision can be reached by Council in this matter. In my review of City public records and the hearing record and evidence, I saw that the City 3