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 — Maharajah House Moon Pavilion (2221 N. Heliotrope Drive) August 26, 2024 Page 2 an additional twenty inches, for an overall height of 21'-8". Subsequently, staff moved forward with the public hearing with a recommendation of approval. At the public hearing, the Planning Commission engaged in extensive dialogue and expressed various concerns including the following: • 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 of the project. Moreover, 23 letters in opposition were received for the project. These opposition letters can be found on Exhibit 11 of this report. The majority of the comments in opposition can be summarized to 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. This action required re -noticing of the project for the August 26, 2024, Planning Commission public hearing. DISCUSSION Project Description The applicant is proposing to construct a freestanding pavilion approximately 205 square feet in size and 23'-4" in height, within the rear yard area of an existing single- family residence. The subject property is made up of two legal lots including assessor parcel numbers (APNs) 002-081-45 and 002-081-46. The pavilion would only be located on one parcel (APN: 022-081-45). The pavilion is proposed to be located towards the northeast corner of the property, approximately fifteen feet from the rear (east) property