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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Appeal Application No. 2024-01 for Construction of a 23'-4" Tall Accessory Building (2221 N Heliotrope Drive) November 19, 2024 Page 3 • History of unpermitted work on the site. More recently, an existing permitted pool house was significantly altered without the required City building permits as substantiated by site aerials; • Potential concerns regarding any proposed lighting within the structure; • Concerns regarding City oversight during construction; • Primary structure's landmark historic status and Mills Act agreement; • Proposed structure's compatibility/historic setting considerations; and • Guidelines/standards for review of proposed project and historic setting considerations. During the public comments section, various members of the public spoke in opposition to the project. The majority of the comments in opposition can be summarized as concerns regarding the massing, scale, and compatibility of the structure (i.e., too visible and too tall), as well as visual impacts to the community and impacts to the historic structure and site. After additional discussion, the Planning Commission first motioned to approve the project. The motion failed by a vote of 3-4. After the first motion failed, a second motion was made and approved unanimously to continue the public hearing to the April 25, 2022 Planning Commission meeting. This continuance was intended to provide staff time to evaluate options of reducing the visual impacts by considering other locations, scale, size massing, and screening, or a combination, to address community concerns. On April 25, 2022, the Planning Commission held the continued public hearing. At the request of the property owners, the recommended action was to continue the public hearing item to a future date. The Planning Commission voted unanimously to continue the item indefinitely. The matter was thereafter heard at a regular meeting on August 26, 2024, and 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 allowing the construction of the proposed accessory structure within the rear yard of an existing single-family residence located at 2221 North Heliotrope Drive (APNs: 002-081-45 and 002-081-46). With its adoption of 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. As drafted, the condition of approval restricts the use of the pavilion as a structure for private use and enjoyment by the private property owners, and requires that it not be designed or be intended for public access or viewing, or use by members of the general public. Moreover, the condition of approval states that the use of the structure and the subject property shall be prohibited from use for commercial purposes, including but not limited to, tours, museum use, festivals, etc. The site will be