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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Exhibit 6 - Response to Appeal Comments Appeal Application No. 2024-01 for Maharajah House Moon Pavilion (2221 N. Heliotrope Drive) To ensure that all required building permits are obtained in a timely manner for the development of the ADU, the Planning staff recommended a condition of approval as part of the Planning Commission resolution of approval stating the following: Prior to any City building permits issued for the pavilion, the property owner shall obtain final City approval for any and all required building permits related to the conversion of an unpermitted structure into an Accessory Dwelling Unit (ADU). Approval of the CUP shall become null and void if the required building permits for the ADU are not finalized pursuant to all City requirements within two calendar years. The above -recommended condition ensures that the property owner obtains the necessary approvals for the construction of the ADU. If for some reason the ADU permit does not get issued, then the PBA would not issue a building permit for the proposed pavilion and the CUP would become null and void. Moreover, the matter would be referred to the City's Code Enforcement Division to address the unpermitted alterations to the pool house/cabana. The property owner would be required to remove the unpermitted work and return the structure back to the original conditions. 3. Appellant Request: We request that The Historical Commission review all Landmark/Historical/Mills Act Compliance deficiencies and identify actions required to bring the property back to original standard. Analysis of Issue: The property is listed as a Landmark historic property, Number 354 on Santa Ana Register of Historic Properties ("Register"). Pursuant to Chapter 30 (Places Of Historical and Architectural Significance) of the SAMC, listed historic structures (e.g., primary structure and/or accessory structures identified as contributing to historic nature) are protected from physical exterior alterations or modifications. 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." Recognizing the need to preserve and protect these listed historic structures, the SAMC also permits modifications (i.e., exterior alterations) that do not substantially 3