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is enough information to establish that this pavilion is for private single-family use in compliance with the <br />standards of SAMC Section 41-638. <br /> I oppose CUP 6-2022 in its present location in this single-family residential neighborhood. <br />I ask the Council to take the following actions. <br />1. Reject the CUP resolution approved by the Planning Commission for lack of substantial evidence to support <br />the finding that this project is for private single-family use to show compliance with the standards of SAMC <br />Section 41-638, and <br />2) Refer the matter to the Historic Resources Commission for review as may be required by the Mills Act, or <br />3) Remand the matter for assessment of the status of the Viet Heritage Garden and Viet Heritage Foundation at <br />2221 N Heliotrope and how any continued operation affects the finding that this project is for private family use, <br />4) Do not rely on the process of revocation outlined in Section 41-651 of the SAMC to resolve this issue. It is an <br />inadequate remedy for this case. <br /> 5) Recommend to the Planning Commission that the City find the right location for this wonderful project. If <br />the owner agrees, relocate this pavilion to a location for a Heritage Garden and Cultural Center that will be <br />inviting and open to public view. I suggest the Museum District on Main Street just a few blocks away from <br />our neighborhood of Floral Park where there are several other museums, safe surroundings, and ample parking. <br /> 1) Reject the CUP resolution for failure to establish that this project is for private single-family use to comply <br />with the standards of SAMCE Section 41-638. <br /> The Planning & Building Agency's (Planning Agency) finding that this pagoda is for private use only seems <br />inaccurate and may not supported by current information. According to the records received from my City Public <br />Records Request, (C PRR #24-1822, September 17, 2023) the Applicant (owner) renewed the application for <br />the CUP on March 14, 2023. In her message to Mayor Pro Tem Lopez, she thanked the Mayor Pro Tem and <br />Councilperson Phan for attending the "preview of Viet Heritage Garden on February 18, 23. The recognition of <br />Viet Heritage Foundation represents such an encouragement for our endeavors to contribute a genuine Vietnam <br />cultural space for people of Viet Heritage and also for the community at large." Accompanying photos of the owner <br />as host with her guests show that the event took place in the backyard of 2221 Heliotrope where the pavilion will <br />be located. The owner’s message was forwarded from the Mayor Pro Tem's Office to the Planning Agency with <br />the request to continue the permit process. (Enclosure, TLMemo3-14-23) secured from City Public <br />Records Request (CPRR #24-1822 September 17, 2023). The impact of the Viet Heritage Garden and <br />Foundation, if any, on the Appellant's premises must be examined before a determination is made. <br /> *2221 Heliotrope Drive has been the address of the Viet Heritage Foundation, a nonprofit corporation <br />founded by the owners in 2017 and ,possibly inactive since 2021, per the California Secretary of State <br />(Enclosure, business search records; <br />(https://bizfileonline.sos.ca.gov/search/business; https://www.bizprofile.net/ca/santa-ana/viet-heritage-foundation <br />*The Viet Heritage Foundation has published a website, VietHeritage.org, which states that “Our <br />mission is to preserve and share Vietnamese cultural heritage with future generations. We host <br />cultural exhibitions, community cultural events, and youth-oriented educational activities.” The <br />phone number to contact appears to be the owner’s landline (whitepages. com) and the address is <br />Heliotrope Drive Santa Ana CA. Hours are 9am – 6pm Mon – Friday. It appears from this website <br />that the Moon Pagoda would be joining several traditional Vietnamese structures in the Viet Heritage <br />Garden. According to the website, the Heritage Garden is part of the complex that has been opened <br />to the community. On the website there is a picture of one of the traditional buildings in the owners' <br />back yard and an invitation to visit the exhibits there. (enclosure: VietHeritage.org/screenshot). The <br />website may not be active. <br />2 <br /> <br />