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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F. On April 25, 2022, the Planning Commission held the continued public hearing. At the request of the property owners, the Planning Commission voted unanimously (5-0-0-2, with Commissioners Alderete and Pham absent) to continue the item to a date uncertain. G. Since the 2022 Planning Commission public hearings, the property owners revised the proposed project. Revisions include relocating the proposed structure away from the south end of the property, updating the site plan to accurately depict existing and proposed conditions, and providing photo simulations (e.g., conceptual renderings). Specifically, under the revised application, the structure is proposed to be located towards the northeast corner of the property, approximately fifteen feet from the rear (east) property line and twelve feet from the side (north) property line, behind an existing six foot high stucco wall and behind existing mature landscaping (e.g., 25-foot tall mature tree and mature bamboo). The pavilion would also be located approximately 30 feet east from the existing single-family residence. H. On August 26, 2024, the Planning Commission held a duly noticed public hearing on CUP No. 2022-06. After receiving public testimony on the item, the Planning Commission voted unanimously (4-2-0-1 Escamilla and Benninger voting against the motion and Ramos absent) to adopt a resolution approving Conditional Use Permit (CUP) No. 2022-06. The Planning Commission also modified condition of approval number eight (8) to make reference to Santa Ana Municipal Code (SAMC) sections limiting the use of the subject site to single-family residence. J. On September 5, 2024, Peter Christoffersen, on behalf of himself and a group of Floral Park residential neighbors, submitted an appeal application pursuant to Section 41-645 of the SAMC appealing the Planning Commission's approval of CUP No. 2022-06. The appellant is requesting that: (1) the City Council overturn the Planning Commission's decision approving CUP No. 2022-06; (2) require all new and/or outstanding City of Santa Ana building permit deficiencies by resolved before further consideration of the proposed pavilion; and (3) that the HRC review all landmark/historical/mills act compliance deficiencies and identify actions required to bring the property back to the original standard. Specifically, the appellant states that: The structure will significantly exceed the existing six-foot high fence and it will be clearly visible from Santa Clara Avenue, despite existing planting and required plantings; II. The approval of the CUP provides a dangerous precedent providing "tacit" permission to other residents (both within Floral Park and in other neighborhood within Santa Ana) to erect structures that may Resolution No. 2024-xx Page 2 of 16