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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surrounding area; does not comply with the regulations and conditions specified in this chapter for such use; and would adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. Nevertheless, a comprehensive response on the appeal items previously outlined has been prepared. Analysis of Appeal 1. Appellant Request: On behalf of ourselves and the many neighbors who communicated via writing and verbally at the hearing, we respectfully request that the approval on August 26, 2024 of CUP No. 2024-06 be rescinded. Analysis of Issue: The appellant requests a rescission of the Planning Commission's approval of the project with modified conditions on August 26, 2024. A rescission of the Planning Commission's approval on August 26, 2024, may be made by the City Council, subject to a majority vote in the affirmative to do so by Resolution of the City Council, following a public hearing. 2. Appellant Request: We request that all new and/or outstanding City of Santa Ana building permit deficiencies be resolved before further consideration of any additional projects are permitted on the property. Analysis of Issue: The appellant's request and the land use decision considered by the Planning Commission for the proposed structure are unrelated topics. Moreover, new and/or outstanding projects requiring a building permit are subject to all City of Santa Ana municipal code requirements, including the zoning code requirements. As noted in the staff report, the only "outstanding" building permit application is the property's owner request to legalize previously unpermitted alterations to a one- story pool house/cabana in order to establish an Accessory Dwelling Unit (ADU) on the property. The owner has taken necessary actions to complete the ADU process with the City. Specifically, the owner's architects diligently worked with Planning staff to ensure that the preliminary building plans meet all of the City's ADU ordinance requirements, prior to the plan check submittal. Moreover, the required building plans were formally submitted to the Planning and Building Agency (PBA) in May 2024, and all required application and plan check fees were paid. Building plan check corrections were issued to the property owner on July 2, 2024. The property owner's ADU project remains in plan check and has not been approved for permit issuance. To ensure that all required building permits are obtained in a timely manner for the development of the ADU, the Planning staff recommended a condition of approval as part of the Planning Commission resolution of approval stating the following: Prior to any City building permits issued for the pavilion, the property owner shall obtain final City approval for any and all required building permits related to the Resolution No. 2024-xx Page 8 of 16