2024-071 Allow The Construction Of An Accessory Structure Exceeding Fifteen Feet In Height Within The Rear Yard

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Analysis of Issue: The PBA has no record of any registered complaints related to land use violations such as what the appellant has 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). f. Appellant Statement—City of Santa Ana Oversight:Did the Planning Commission visit the site prior to approving CUP No. 2022-06 to view the property and surrounding homes? Did the Planning Commission give any consideration to the recent designation of Floral Park as a National historic District? As stipulated below in the approval documents of CUP No. 2022- 06, will the owners be held accountable for obtaining retroactive building permits for the unpermitted ADU and changes made thereto, as well as for the appropriate maintenance/upkeep of the historically important home? This task is still incomplete and, therefore, this project should not be approved. As stipulated below in the approval documents of CUP No. 2022- 06, will the City monitor and ensure the home is not used for tours or as a functioning museum/cultural center where festivals for the public occur and what steps before the fact will be taken? What happens when there is an increase in traffic? A very similar situation is happening on Lampson Avenue in Garden Grove. Please contact your colleagues there as their residents have been battling this for five years. Analysis of Issue: The public hearing and decision-making process require that the Planning Commission be provided with a complete public hearing agenda that includes, but is not limited to, a staff report and staff recommendation, including any relevant exhibits, a resolution of approval Resolution No. 2024-071 Page 14 of 15