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RESOLUTION NO. 2024-xx <br />A RESOLUTION OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA DENYING APPEAL <br />APPLICATION NO. 2024-01 AND UPHOLDING <br />THE DETERMINATION OF THE PLANNING <br />COMMISSION TO APPROVE CONDITIONAL <br />USE PERMIT NO. 2022-06 AS CONDITIONED TO <br />ALLOW THE CONSTRUCTION OF AN <br />ACCESSORY STRUCTURE EXCEEDING <br />FIFTEEN FEET IN HEIGHT WITHIN THE REAR <br />YARD OF THE PROPERTY LOCATED AT 2221 <br />NORTH HELIOTROPE DRIVE (APN: 002-081-45 <br />AND 002-081-46) <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. Chan Quang and Quynh Dinh Kieu (Property Owners) are requesting <br />approval of Conditional Use Permit (CUP) No. 2022-06 to allow the <br />construction of an accessory structure referred to as a moon pavilion <br />("pavilion") exceeding fifteen feet in height, within the rear yard area of an <br />existing single-family residence located at 2221 North Heliotrope Drive. <br />B. The subject property contains a historical structure known as the Maharajah <br />House, which was constructed in 1938 and was placed on the Santa Ana <br />Register of Historical Properties ("Register") and categorized as "Landmark" <br />in 2003. The Maharajah House is also listed as contributor to the Floral Park <br />National Historic District. <br />C. Santa Ana Municipal Code ("SAMC") Section 41-232.5 requires approval of <br />a CUP for accessory buildings more than fifteen feet in height or more than <br />one story. <br />D. The proposed accessory structure would be 23'-4" in height, requiring <br />review and approval of a CUP. <br />E. On March 28, 2022, the Planning Commission held a duly noticed public <br />hearing on CUP No. 2022-06. At the public hearing the Planning <br />Commission voted unanimously to continue the item to April 25, 2022, to <br />allow staff time to evaluate options of reducing the visual impacts by <br />considering other locations, scale, size massing and screening, or a <br />combination to address community concerns. <br />Resolution No. 2024-xx <br />Page 1 of 16 <br />