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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G. On August 26, 2024, the Planning Commission held a duly noticed public hearing on CUP No. 2022-06. H. Since the 2022 Planning Commission public hearings, the property owners have 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. Pursuant to Section 30-6 (a) of the Santa Ana Municipal Code (SAMC), the proposed structure is not physically altering or changing the exterior of the Maharajah House. Therefore, no additional discretionary review is required by the Historic Resources Commission (HRC). The Planning Commission determines that the following findings, which must be established in order to grant a CUP pursuant to SAMC Section 41- 638, have been established for CUP No. 2022-06 to allow the construction of an accessory structure exceeding fifteen feet in height at 2221 North Heliotrope Drive. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed structure, a freestanding pavilion in the rear yard area designed in the traditional Vietnamese style, would have minimal impacts to surrounding areas and would provide a positive contribution to the neighborhood character and identity. In addition, the structure would not result in a change to the existing land use, as the site would continue to be used as a single-family residence. Moreover, the proposed structure has been designed to be located away from adjacent properties to minimize the privacy concerns and visual impacts, to ensure that the use will not negatively affect the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Resolution No. 2024-XXX Page 2 of 10