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 6 are maintained, staff is recommending a condition of approval requiring that the trees be preserved and protected in place. Moreover, staff is recommending a condition of approval requiring that the applicant plant additional bamboo behind the existing six-foot high stucco wall, to help screen any deficient areas. Staff is recommending bamboo as it's one of the fastest -growing plants and it would help maintain consistency with the existing landscaping. Lastly, by setting back the structure approximately 15 feet from the rear (east) property line, the design limits any potential aesthetic impacts to the property to the east. The overall design and location will ensure that the neighborhood character is maintained along the side elevation (along Santa Clara Avenue). Therefore, the construction of the proposed pavilion will not result in a change to the neighborhood character or identity. To further ensure that the proposed pavilion will not negatively affect the neighborhood character or identify, staff is recommending a condition of approval prohibiting the use of the structure and the site for any commercial purposes, including but not limited to, tours, museum use, festivals, etc. The site will be required to remain and operate as a single- family residential site, or the conditional use permit may be subject to revocation as outlined in Section 41-651 of the Santa Ana Municipal Code (SAMC). Historic Analysis The installation of the pavilion would not result in any physical alterations to the historic structure. As such, the building will continue to retain all of its character -defining features as described in Exhibits 7 and 8. Moreover, the proposed structure would not impact any of the view sheds to the Maharajah House, along any public perspectives. As mentioned, the pavilion would be located approximately thirty feet to the east of the Maharajah House, and approximately fifteen feet from the rear (east) 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). Therefore, all views of the historic structure along Heliotrope Drive and Santa Clara Avenue would remain unimpaired. Chapter 30 (Places Of Historical and Architectural Significance) of the SAMC defines modification as, "Any change, alteration, restoration, remodeling, rehabilitation, construction, or relocation of the physical exterior of a historic structure." Moreover, Section 30-6 (a) of the SAMC states that, "No exterior physical modifications, other than those identified by the historic resources commission for administrative approval by city staff, shall be permitted with respect to an historic structure until the historic resources commission approves such request at a duly noticed public hearing and issues a certificate of appropriateness." The proposed structure is not physically altering or changing the exterior of the Maharajah House. Therefore, no additional review by the Historic Resources Commission is required for this project. Moreover, a review of the developmental history of the Maharajah House's back yard shows the area has continually evolved since the property's original construction in