Planning and Building Agency
amoSANTA Planning Division
20 Civic Center Plaza
PLANNING P.O. Box 1988 (M-20)
ANA KLING Santa Ana, CA 92702
AGENCY (714) 647-5804 APPEAL APPLICATION
I. OWNER/APPLICANT
Applicant Peter Christoffersen
Full name of Person, Firm, or Corporation
2220 N Heliotrope Dr, Santa Ana, CA 92706 (206, 953-3226 Mailing Address Area Code Phone No.
Legal Owner Name: Christoffersen Family Trust - Peter & Diana Christoffersen Trustees Legal Owner Address: 2220 North Heliotrope Drive, Santa Ana, CA 92706 Phone No.: (206) 953-3226
() - Fax: ( )
II. PROPERTY INFORMATION
Landmark Residential Home CUP 2022-06
Land Use
Existing Land Use of Property and/or Building Zoning District General Plan Designation Location 2221 North Heliotrope Drive, Santa Ana, CA 92706 Heliotrope & Santa Clara Street Address Name of Nearest Intersecting Street
SEE REVERSE SIDE FOR SUBMITTAL REQUIREMENTS
IIII. REASON FOR REQUEST
In the following provided space, please clearly specify and explain the errors) of decision or requirement upon which you are basing this appeal. (If additional space is needed, please attach additional comments to the back of this application.)
See attached three page Document - Appeal Application 2022-06 dated September 5, 2024 A group of concerned Floral Park residential neighbors have provided a significant amount of the facts and documentation supporting this Appeal Submittal.
Applicant's Signature: Date: September 5, 2024
APPEAL APPLICATION NO. APPL - 2024-1 - APC
cm\cntr-frmlappeal
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APPEAL APPLICATION (submitted September 5, 2024)
Conditional Use Permit No. 2022-06 for 2221 North Heliotrope Drive
1. On behalf of ourselves and the many neighbors who communicated via writing and verbally at the hearing, we respectfully request that the approval on August 26, 2024 of CUP No. 2022-06 be rescinded.
2. We request that all new and/or outstanding City of Santa Ana building permit deficiencies be resolved before further consideration of any additional projects are permitted on the property.
3. We request that The Historical Commission review all Landmark/Historical/Mills Act compliance deficiencies and identify actions required to bring the property back to its original standard. • Historical Compatibility: 2221 North Heliotrope Drive, "The Maharaja House," is historically significant due to its Art Moderne architecture as well as provenance -- listed on the Register of Historical Properties, designated as a Landmark, associated with a foreign ruling family, and given a Mill's Act Contract. Its Art Modern style fits in well with the varied styles that comprise the neighborhood and its style is repeated in multiple other Floral Park homes. • Variance for Project Height: The 23'4" height of the proposed new structure exceeds the City's code for accessory height limits of 20'. Because the structure will significantly exceed the approximate six-foot-high fence surrounding the property, it will be clearly visible from Santa Clara St. Despite the fact that existing plantings and added required plantings may hide the structure, nothing prevents future pruning of trees or relandscaping at the sole discretion of the owners.
Of significant importance, the approval of the CUP provides a dangerous precedent providing tacit permission to other residents (both within Floral Park and in any other neighborhood within Santa Ana) to erect structures that may clearly fall outside the architectural compatibility of the historic neighborhood.
• Architectural Compatibility: After several years of energy and expense, Floral Park was recently designated a National Historic District. Residents of this special neighborhood were drawn here because of the historical integrity of the homes and strive to maintain that integrity. With its historic status and storied history, The Maharaja House played a key role in obtaining the National Historic District status. The structures added in the past and the addition of this 23'4" structure are not consistent with the Art Moderne style and detract from the historical designation of the home and the neighborhood as a whole.
• Current owners' intent and actions: In addition, the owners of the Maharaja House have shown a proclivity to violate the statutory requirements of designation as an historical Landmark property as well as violating Santa Ana Municipal Codes. These Include:
a. The unauthorized replacement of the roof on the swim house in the back yard. 1 b. The use of termite tenting to conceal the unauthorized removal and replacement of the iron casement windows original to the property.
c. Publicly voicing at large gatherings that their intent is that the property be designated a Vietnamese Cultural Site/Museum in the future.
• Property use and traffic: As indication of the owner's furtherance of the objective towards the recharacterization 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 events/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.
• City of Santa Ana oversight: Did the Planning Commission visit the site prior to approving CUP No. 2022-06 to view the property and surrounding homes? Did the Planning Commission give any consideration to the recent designation of Floral Park as a National Historic District? As stipulated below in the approval documents of CUP No. 2022-06, will the owners be held accountable for obtaining retroactive building permits for the unpermitted ADU and changes made thereto, as well as for the appropriate maintenance/upkeep of the historically important home? This task is still incomplete and, therefore, this project should not be approved. As stipulated below in the approval documents of CUP No. 2022-6, will the City monitor and ensure the home is not used for tours or as a functioning museum/cultural center where festivals for the public occur and what steps before the fact will be taken? What happens when there is an increase in traffic? A very similar situation is happening on Lampson Avenue in Garden Grove. Please contact your colleagues there as their residents have been battling this for over five years.
EXCERPTS FROM CUP 2022-06 approval documents:
1. The Maharaja House owners must be held in compliance with their application statements:
CONDITIONAL USE PERMIT NO. 2022-06 FOR THE PROPERTY LOCATED AT 2221 NORTH HELIOTROPE DRIVE LOCATED WITHIN THE SINGLE FAMILY RESIDENCE (R1) ZONING DISTRICT:
a. (Page 5 second paragraph) "Planning staff held various conversations with the property owners and property owner representatives (i.e., architects, engineers, etc.) between early 2022 and early 2024 regarding the unpermitted work, and provided two options which included removing the unpermitted work and returning the structure back to the original conditions, or going through the City permits to legalize the work. In May 2024, the property owners submitted required building plans to the Planning and Building Agency to legalize the unpermitted work, and convert the structure into an Accessory Dwelling Unit (ADU) for a separate living space and storage. At the time of this report was printed, the building plans were still in building plan check and had not been approved for permit issuance."
b. (Page 6 second paragraph) "Therefore, the construction of the proposed pavilion will not result in a change to the neighborhood character or identity. To further ensure that the proposed pavilion will not negatively affect the neighborhood character or identify (s/b identity), staff is recommending a condition of approval prohibiting the use of the structure and the site for any 2 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)."
c. (Exhibit A paragraph #2 Page 9) "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 required building permits for the ADU are not finalized pursuant to all City requirements, within two calendar years." d. (Exhibit A paragraph #11 Page 10) "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, furnishings and hardscape improvements!"