HomeMy WebLinkAboutReso2024-34_2221 N. Heliotrope
Resolution No. 2024-34
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RESOLUTION NO. 2024-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SANTA ANA APPROVING CONDITIONAL USE
PERMIT NO. 2022-06 AS CONDITIONED TO ALLOW THE
CONSTRUCTION OF AN ACCESSORY STRUCTURE
EXCEEDING FIFTEEN FEET IN HEIGHT WITHIN THE REAR
YARD OF THE PROPERTY LOCATED AT 2221 NORTH
HELIOTROPE DRIVE (APN: 002-081-45 AND 002-081-46)
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA
ANA AS FOLLOWS:
Section 1. The Planning Commission of the City of Santa Ana hereby finds,
determines, and declares as follows:
A. Chan Quang and Quynh Dinh Kieu (Property Owners), are requesting
approval of Conditional Use Permit (CUP) No. 2022-06 to allow the
construction of an accessory structure referred to as a moon pavilion
(“pavilion”), exceeding fifteen feet in height, within the rear yard area of an
existing single-family residence located at 2221 North Heliotrope Drive.
B. The subject property contains a historical structure known as the Maharajah
House, which was constructed in 1938 and was placed on the Santa Ana
Register of Historical Properties (“Register”) and categorized as “Landmark”
in 2003. The Maharajah House is also listed as contributor to the Floral Park
National Historic District.
C. Santa Ana Municipal Code (“SAMC”) Section 41-232.5 requires approval of
a CUP for accessory buildings more than fifteen feet in height or more than
one story.
D. The proposed accessory structure would be 23’-4” in height, requiring
review and approval of a CUP.
E. On March 28, 2022, the Planning Commission held a duly noticed public
hearing on CUP No. 2022-06. At the public hearing the Planning
Commission voted unanimously to continue the item to April 25, 2022, to
allow staff time to evaluate options of reducing the visual impacts by
considering other locations, scale, size massing and screening, or a
combination to address community concerns.
F. On April 25, 2022, the Planning Commission held the continued public
hearing. At the request of the property owners, the Planning Commission
voted unanimously (5-0-0-2, with Commissioners Alderete and Pham
absent) to continue the item to a date uncertain.
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G. On August 26, 2024, the Planning Commission held a duly noticed public
hearing on CUP No. 2022-06.
H. Since the 2022 Planning Commission public hearings, the property owners
have revised the proposed project. Revisions include relocating the
proposed structure away from the south end of the property, updating the
site plan to accurately depict existing and proposed conditions, and
providing photo simulations (e.g., conceptual renderings). Specifically,
under the revised application, the structure is proposed to be located
towards the northeast corner of the property, approximately fifteen feet from
the rear (east) property line and twelve feet from the side (north) property
line, behind an existing six foot high stucco wall and behind existing mature
landscaping (e.g., 25-foot tall mature tree and mature bamboo). The
pavilion would also be located approximately 30 feet east from the existing
single-family residence.
I. Pursuant to Section 30-6 (a) of the Santa Ana Municipal Code (SAMC), the
proposed structure is not physically altering or changing the e xterior of the
Maharajah House. Therefore, no additional discretionary review is required
by the Historic Resources Commission (HRC).
J. The Planning Commission determines that the following findings, which
must be established in order to grant a CUP pursuant to SAMC Section 41-
638, have been established for CUP No. 2022-06 to allow the construction
of an accessory structure exceeding fifteen feet in height at 2221 North
Heliotrope Drive.
1. That the proposed use will provide a service or facility which will
contribute to the general well being of the neighborhood or
community.
The proposed structure, a freestanding pavilion in the rear
yard area designed in the traditional Vietnamese style, would
have minimal impacts to surrounding areas and would provide
a positive contribution to the neighborhood character and
identity. In addition, the structure would not result in a change
to the existing land use, as the site would continue to be used
as a single-family residence. Moreover, the proposed
structure has been designed to be located away from adjacent
properties to minimize the privacy concerns and visual
impacts, to ensure that the use will not negatively affect the
surrounding community.
2. That the proposed use will not, under the circumstances of the
particular case, be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity.
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The proposed construction of the accessory structure will not
be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity. The structure would
be limited in size (205 square feet) and located towards the
northeast end of the property, approximately twelve feet from
the side (north) property line and fifteen feet from the rear
(east) property line, behind an existing six-foot-high stucco
wall and existing mature landscaping. Moreover, the structure
would be constructed for private use and enjoyment. In
addition, the structure would be designed by a licensed
structural engineer and would not include mechanical or
plumbing equipment. The structure would include two
electrical outlets and limited accent lighting, including two to
four light fixtures within the structure and three to six
landscape/up-lights at the base. However, staff is
recommending a condition of approval limiting light intrusion
onto neighboring properties. Therefore, the granting of the
CUP will not negatively impact any sensitive land uses that
may be nearby.
3. That the proposed use will not adversely affect the present economic
stability or future economic development of properties surrounding
the area.
The proposed use will not adversely affect the economic
stability of the area or future economic development, as this
would be a structure constructed for private use and
enjoyment by private property owners in a single-family
residential area. The pavilion is not intended to be enjoyed or
visited by members of the general public and will therefore not
change the character of the existing community. Lastly, to
further ensure that the proposed structure will not negatively
affect character of the existing community, staff is
recommending a condition of approval 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).
4. That the proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use.
The proposed use will comply with the regulations and
conditions specified in Chapter 41 for such use. Specifically,
the proposed accessory structure will exceed the required
regulations or development standards, pursuant to the single-
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family residential zoning. The structure would be located
approximately twelve feet from the side (north) property line,
where the minimum setback is ten feet, and would be located
approximately fifteen feet from the rear (east) property line,
where the minimum is ten feet. Moreover, the new accessory
structure will be compatible in scale, and consistent with the
mix of architectural styles and character of the neighborhood.
5. That the proposed use will not adversely affect the General Plan of
the city or any specific plan applicable to the area of the proposed
use.
The proposed accessory structure will not adversely affect the
General Plan. Land Use Element policy LU-2.8 encourages
land uses and development projects that promote the City’s
image as a cultural regional center. The applicant’s proposed
structure furthers this policy as it introduces a cultural element
from Vietnam, the native country of the current owners. The
structure was previously built in Vietnam and built in a
traditional Vietnamese design, fabricated by Vietnamese
artisans. Specifically, the structure would include
prefabricated wood post members, traditional Vietnamese
hand-carved wood details, and would include clay roofing tile,
all reflective of the Vietnamese cultural architecture. The new
structure would also be consistent with existing cultural
structures relocated from Vietnam, previously. These
structures include a roughly 20-foot-tall wood pavilion with
intricately carved details and a tile-clad roof system; a
nineteenth-century, traditional residence with an iron wood
structural system; and multiple additional smaller structures of
a traditional Vietnamese character
Policy LU-3.4 advocates for scale and massing of new
development to be compatible and harmonious with the
surrounding built environment. As designed, the structure
would be ancillary and subordinate the main single-family
residence. The height of the proposed structure in comparison
to the main residence is illustrated on the architectural plan
provided in the project staff report. The height of the existing
residence is approximately 25 feet while the tallest point of the
pavilion (pavilion roof peak) is proposed to be a maximum of
23’-4”. Therefore, the structure would be of an appropriate
scale and massing. Moreover, the structure is built in a
traditional Vietnamese design sharing a similar design,
materials, and cultural characteristics as various other
structures on the site, including an existing garden house.
Thus, the proposed structure would be harmonious with the
surrounding built environment.
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Furthermore, Policy LU-3.5 encourages the preservation and
reuse of historical buildings and sites through flexible land use
policies, while Policy HP-1.4 of the Historic Preservation
Element encourages actively protecting historic and cultural
resources. The installation of the proposed structure would
not require the removal of any elements of the historic
structure and would not result in any physical alterations. As
such, the building will continue to retain all of its character-
defining features. Moreover, the proposed structure would not
impact any of the view sheds to the Maharajah House, along
any public perspectives. As mentioned, the pavilion would be
located approximately thirty feet to the east of the Maharajah
House, and approximately fifteen feet from the rear (east)
property line, behind an existing six foot high stucco wall and
behind existing mature landscaping (e.g., 25-foot tall mature
tree and mature bamboo). Therefore, all views of the historic
structure along Heliotrope Drive and Santa Clara Avenue
would remain unimpaired.
The proposed changes would also not affect the historical
integrity of the Floral Park Historic District as a whole. As
proposed, bamboo would be planted near the north property
line to obscure the proposed pavilion from view from the public
rights-of-way on Santa Clara Avenue and Heliotrope Drive.
While the new bamboo would be clearly visible from the rights-
of-way, its appearance alongside the existing wall would be
consistent with the internal setting of the Floral Park Historic
District, which is characterized in part by its variety of
landscaping. As stated in the National Register nomination
form for the historic district, “Landscaping varies from building
to building, but as this is a point of pride within the
neighborhood, landscaping is of high caliber. The majority of
properties feature shallow lawns, mature shrubs and flower
gardens. Perimeter fences, low walls, and hedges are usually
present, and some are original to the property.” In addition,
the pavilion and bamboo would be confined to an area
corresponding to a very limited portion of the property’s
northern frontage, approximately 100 linear feet. Because of
the limited physical scale of the changes, the project would be
partially visible only from very few public vantage points,
further reducing its visual effects to the internal setting of the
historic district.
Section 2. In accordance with the California Environmental Quality Act (CEQA)
and the CEQA Guidelines, the project is categorically exempt from further review per
Section 15303 (Class 3 – New Construction or Conversion of Small Structures). Class 3
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exemption applies to the construction of accessory structures, including but not limited to,
garages, carports, patios, swimming pools, and fences. Based on this analysis, a Notice
of Exemption, Environmental Review No. 2022-11 will be filed for this project.
Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or
any of its officials, officers, employees, agents, departments, agencies, authorized
volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
lawsuits, writs of mandamus, referendum, and other proceedings (whether legal,
equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
resolution procedures (including, but not limited to arbitrations, mediations, and such
other procedures), judgments, orders, and decisions (collectively “Actions”), brought
against the City and/or any of its officials, officers, employees, agents, departments,
agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
aside, void, or annul, any action of, or any permit or approval issued by the City and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City) for or
concerning the project, whether such Actions are brought under the Ralph M. Brown
Act, California Environmental Quality Act, the Plannin g and Zoning Law, the Subdivision
Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a
court of competent jurisdiction. It is expressly agreed that the City shall have the right to
approve the legal counsel providing the City’s defense, and that Applicant shall reimburse
the City for any costs and expenses directly and necessarily incurred by the City in the
course of the defense. City shall promptly notify the Applicant of any Action brought and
City shall cooperate with Applicant in the defense of the Action.
Section 4. The Planning Commission of the City of Santa Ana, after conducting
the public hearing, hereby approves Conditional Use Permit No. 2022-06, as conditioned
in Exhibit A, attached hereto and incorporated herein, for the project located at 2221 North
Heliotrope Drive. This decision is based upon the evidence submitted at the above-
referenced hearing, including but not limited to: The Request for Planning Commission
Action dated August 26, 2024, and exhibits attached thereto; and the public testimony,
written and oral, all of which are incorporated herein by this reference.
ADOPTED this 26th day of August, 2024 by the following vote.
AYES:
NOES:
ABSENT:
Commissioners: Christopher Leo, Bao Pham, Isuri S. Ramos,
Alan Woo (4)
Commissioners: Carl Benninger, Manuel J. Escamilla (2)
Commissioners: Jennifer Oliva (1)
ABSTENTIONS: Commissioners:
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Isuri S. Ramos
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Laura A. Rossini
Chief Assistant City Attorney
for
Resolution No. 2024-34
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NUVIA OCAMPO, Recording Secretary, do hereby attest to and certify the attached
Resolution No. 2024-34 to be the original resolution adopted by the Planning Commission
of the City of Santa Ana on August 26, 2024.
Date:
Recording Secretary
City of Santa Ana
08/26/2024
Resolution No. 2024-34
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EXHIBIT A
Conditions of Approval for Conditional Use Permit No. 2022-06
Conditional Use Permit No. 2022-06 to allow the construction of an accessory structure
exceeding fifteen feet in height is approved subject to compliance, to the reasonable
satisfaction of the Planning Manager, with all applicable sections of the Santa Ana
Municipal Code (SAMC), the California Building Standards Code, and all other applicable
regulations:
The Applicant must comply with each and every condition listed below prior to exercising
the rights conferred by this conditional use permit.
The Applicant must remain in compliance with all conditions listed below throughout the
life of the conditional use permit. Failure to comply with each and every condition may
result in the revocation of the conditional use permit.
1. Any amendment to the design of pavilion, including modifications to approved
height, size, materials, finishes, architecture, and site plan, must be submitted to
the Planning Division for review. At that time, staff will determine if administrative
relief is available or if the Conditional Use Permit (CUP) must be amended.
2. 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.
3. The pavilion shall be limited in size to 205 square feet, 23’-4” in height, and shall
be built in the rear yard, towards the northeast section of the property as per the
site plan included as an exhibit to the Planning Commission staff report prepared
for the project, dated August 26, 2024. The pavilion shall also maintain a minimum
setback of twelve feet from the side (north) property line and fifteen feet from the
rear (east) property line, within the rear yard. Lastly, the pavilion shall maintain a
minimum separation of thirty feet from the existing residence, a minimum
separation of five feet from any ancillary detached structure, and approximately
sixteen feet from an existing, two-story accessory structure the same property.
4. Any proposed lighting, including but not limited to, accent lighting within the
structure or landscape/up-lights at the base, shall by shut off nightly Monday
through Sunday by 10:00 p.m. to prevent light intrusion onto neighboring
properties.
5. If lighting is proposed, a photometric plan shall be required to be submitted to the
Planning and Building Agency (PBA), prior to permit issuance of the structure to
ensure lighting levels do not exceed more than one foot-candles of illumination
within 50 feet of an adjoining residential property.
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*Please note that this Project was appealed on September 5, 2024. The appeal was presented
to the City Council on November 19, 2024. On that date, the City Council adopted Resolution
No. 2024-071, upholding this Conditional Use Permit, with modification. Please refer to
Resolution No. 2024-071 for said modification.
6. Any proposed lighting shall be arranged to prevent direct glare into adjoining
properties, dwelling units and onto neighboring uses, and shall be shielded to
confine all direct rays within the subject property.
7. The installation of speakers or other audio -amplifying devices on the structure is
prohibited.
8. 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 in accordance with the uses specified by Section 41 -
232 of the Santa Ana Municipal Code (SAMC), or the conditional use permit may
be subject to revocation as outlined in Section 41-651 of the Santa Ana Municipal
Code (SAMC). Modified by Planning Commission during the public hearing
on Conditional Use Permit No. 2022-06 on August 26, 2024.
9. Prior to building permit issuance, the property owner shall install/plant additional
bamboo trees and/or other appropriate screening trees behind the existing six-foot
high stucco wall (north and east elevation), to introduce plant materials with similar
heights immediately adjacent to the proposed pavilion. The final plant/tree species
and final count shall be reviewed and approved by Planning Division staff. An
inspection shall be required by the Planning Division and the installation shall be
field verified.
10. The property owner shall maintain, preserve, and protect all existing and new
landscaping behind the existing six-foot high stucco wall (north and east elevation),
where the proposed structure could potentially be viewed by the public. The
condition shall apply as long as the property maintains the proposed structure on
the subject property, and includes but is not limited to, mature trees, bushes,
shrubs, and groundcover. Any dead or withered landscaping shall be immediately
replaced with healthy landscaping to maintain the required screening.
11. Prior to building permit final, the property shall be brought into full maintenance
compliance with all applicable SAMC standards. Maintenance shall include, but is
not limited to: the repair and upkeep of the property; cleanup of trash and debris;
repair and upkeep of any damaged and/or weathered components of the historic
building (e.g., siding, windows, historic features); repair and upkeep of exterior
paint; landscaping and related landscape, furnishing, and hardscape
improvements.*