Responses to Comments - Agenda Item No. 34

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PUBLIC HEARING ITEM NO. 34 – APPEAL APPLICATION NO. 2024-01 EK-5: The City has no record of any registered complaints related to land use violations such as what has been described. Furthermore, cultural and/or museum uses are not a permitted use in the single-family residential (R1) zone. Moreover, the use is not consistent with the underlying general plan land use designation of Low-Density Residential (LR-7). Any use of the property in violation of the SAMC or the City’s General Plan would be subject to code enforcement action. As it relates to the proposed CUP, and for added clarity, a condition of approval was added prohibiting the use of the structure and the site for any commercial purposes, including but not limited to, tours, museum use, festivals, etc., that the Planning Commission approved on August 26, 2024. The recommended condition of approval reads as follows: The pavilion shall remain a structure for private use and enjoyment by the private property owners, thereby preserving the community character. The pavilion shall not be designed or be intended for public access or viewing, or use by members of the general public. 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 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). EK-6: The comment is noted but does not raise any specific points that necessitate a response.