Item 34 - Public Hearing - Appeal Application No. 2024-01 for Construction of a 23’-4” Tall Accessory Building (2221 N Heliotrope Drive)

Home Browse Search

Exhibit 6 - Response to Appeal Comments Appeal Application No. 2024-01 for Maharajah House Moon Pavilion (2221 N. Heliotrope Drive) additional structures, these structures did not exceed 120 square feet in size (10 ft. by 12 ft.), and therefore did not require a building permit. Subsection "iii". 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). To ensure that the proposed pavilion will not negatively affect the neighborhood character or identity, a condition of approval has been included prohibiting the use of the structure and the site for any 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). e. Appellant Statement — Property Use and Traffic. As indication of the owner's furtherance of the objective towards the re -characterization of this property as a cultural center — hence the continued addition of accessory structures to their property — they hold frequent/seasonal cultural gatherings/festivals and tours, often times with film and sound crews. On more than one occasion, multiple school buses from as far away as Huntington Beach have parked in front of the property as groups disembark for tours (see attached photos taken on March 14, 2024). As well, the several annual event/festivals (such as the Moon Festival on September 10, 2022) have brought a high volume of cars that line Heliotrope and Santa Clara, often times with no consideration for driveways of other homeowners. 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: 9