Item 34 - Public Hearing - Appeal Application No. 2024-01 for Construction of a 23’-4” Tall Accessory Building (2221 N Heliotrope Drive)

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CUP No. 2022-06 — 2221 N. Heliotrope Drive March 28, 2022 Page 3 ("Register") and categorized as "Landmark" in 2003. The property qualifies for listing in the Santa Ana Register under Criterion 1 for its exemplification of the Art Moderne variant of the Moderne style and under Criterion 4b, for its association with a foreign ruling family, the Holkars of Indore, India. Moreover, the property satisfied two criteria for landmark categorization: "unique architectural significance" as an example of the Art Moderne style in Santa Ana and "historic/cultural significance" as the residence of a sitting ruler of Indore. For reference, additional historic information on the property can be found on Exhibits 6 and 7. As mentioned, the subject site was previously improved with a freestanding one-story pool house/cabana built in 1955, and a freestanding one-story garden house with a porch, built in 2004. Similar to the proposed pavilion, the garden house was dismantled, shipped from Vietnam, and reconstructed on the property. The garden house was built in Vietnam circa 1847 and was brought over piece by piece to Santa Ana. At the time, the property owners also imported a bell tower with three 18th- and 19th-century bells, marble sculptures, a collection of 11th-century foo dogs, and a water feature. The building permits for the garden house were reviewed and processed administratively by City staff. Pursuant to Chapter 30 of the SAMC, on -site accessory structures can be reviewed and approved administratively by staff. Therefore, the structure was not required to be reviewed by any discretionary body due to the fact that it's considered an accessory structure, it was no more than 15 feet in height, and did not physically change and/or alter the Maharajah House. In 2021, the applicant submitted a request to allow construction of the 21'-8" tall pavilion in the property's rear yard that is the subject of this application. Although accessory structures can be reviewed administratively, accessory buildings more than fifteen feet in height or more than one story require approval of a CUP. Project Analysis CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. The purpose of regulating the height of accessory structures within single-family residential zones is to minimize impacts to surrounding areas and ensure the structures will provide a positive contribution to neighborhood character and identity. The installation of the proposed structure would not result in a change to the existing land use. Instead, the property will continue to be used as it was historically, as a single-family residence. In addition, the proposed structure has been designed to be located away from adjacent properties to minimize the privacy concerns and visual impacts. By locating the