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) Park and in any other neighborhood within Santa Ana) to erect structures that may clearly fall outside the architectural compatibility of the historic neighborhood. Analysis of Issue: Pursuant to Section 41-232.5 of the SAMC, accessory buildings more than fifteen feet in height, or more than one story, require approval of a CUP. The property owners are proposing an accessory structure with a total height of 23'-4", triggering discretionary review and approval of a CUP by the Planning Commission. The purpose of regulating the height of accessory structures within single-family residential zones is to minimize impacts to surrounding areas and ensure the structures will provide a positive contribution to neighborhood character and identity. The height does not need a variance, as the height is permissible subject to approval of a CUP. The proposed structure has been designed to be located away from adjacent properties to minimize the privacy concerns and visual impacts. By locating the structure towards the northeast end of the property, the design limits the potential impacts to the single-family properties along all elevations due the proposed setbacks (twelve and fifteen feet), the existing six foot high stucco wall, and existing mature landscaping ranging in height from twelve feet to 25-foot tall (e.g., mature tree and mature bamboo). In addition, the public right-of-way parkways are improved with mature oak trees along Santa Clara Avenue, which further help to minimize the privacy concerns and visual impacts of the proposed structure. The existing landscaping and mature trees are not proposed to be removed or altered. To ensure that the existing landscaping conditions are maintained, the Planning Division recommends a condition of approval requiring that the trees be preserved and protected in place. Also included is a condition of approval requiring that the applicant plant additional bamboo behind the existing six-foot high stucco wall, to help screen any deficient areas. It's noted that the site will be required to maintain the existing and added landscaping while the pavilion remains on the site. If the property owner fails to abide by all conditions of approval, the CUP may be subject to revocation as outlined in Section 41-651 of the SAMC. Lastly, the approval of the proposed structure is not a "dangerous precedent." Future requests for similar structures will continued to be evaluated on a case -by -case basis by the appropriate review authority, k,