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HomeMy WebLinkAbout02-27-19 AGENDA PACKET CITY OF SANTA ANA ZONING ADMINISTRATOR AGENDA FEBRUARY 27, 2019 10:30 A.M. CITY HALL ROSS ANNEX Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Lisa Storck Legal Counsel Minh Thai Executive Director Candida Neal Planning Manager The Zoning Administrator Agenda can be found online: https://www.santa-ana.org/cc/city-meetings If you wish to submit a comment on any item on the Agenda, please submit to eComments@santa-ana.org (reference Zoning Administrator) by 8:00 a.m. the day of the meeting; emails received after said time will be on file for public viewing the day after the meeting. Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. If you need special assistance to participate in this Zoning Administrator meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Si tiene preguntas en español, favor de llamar a Narcee Perez al (714) 667-2260. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. Vince Fregoso Acting Zoning Administrator Sarah Bernal Recording Secretary CITY OF SANTA ANA ZONING ADMINISTRATOR AGENDA FEBRUARY 27, 2019 10:30 A.M. CALL TO ORDER PLEDGE OF ALLEGIANCE PUBLIC COMMENTS – (non-agenda items) PUBLIC HEARING 1. MINOR EXCEPTION NO. 2018-02 TO ALLOW AN OVERHEAD ELECTRICAL FEEDER AT A NEW SINGLE-FAMILY RESIDENCE AND DETACHED ACCESSORY DWELLING UNIT LOCATED AT 206 SOUTH ANDRES IN THE SINGLE FAMILY RESIDENTIAL (R1) ZONING DISTRICT - DANNY NGUYEN, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 3, 5; 5, 3; 5, 4; 7, 1}. Ivan Orozco, Case Planner. Pursuant to the California Environmental Quality Act (CEQA), the project is exempt per Section 15303 of the CEQA guidelines. Legal notice published in the Orange County Reporter on February 15, 2019 and notices mailed on February 15, 2019. RECOMMENDED ACTION: Adopt a resolution approving Minor Exception No. 2018- 02 as conditioned. ADJOURNMENT 1-1 1-2 1-3 1-4 EXHIBIT 1 1-5 This page left blank intentionally. 1-6 LS 2.27.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2018-02 AS CONDITIONED FOR THE PROPERTY LOCATED AT 206 SOUTH ANDRES PLACE BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Danny Nguyen (“Applicant”) is requesting approval of Minor Exception No. 2018-02 to allow the installation of an overhead feeder at the property located at 206 South Andres Place. B. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-626, approval of a minor exception is required to allow an overhead electrical feeder when otherwise required to be placed underground for new developments. C. Minor Exception No. 2018-02 came before the Zoning Administrator of the City of Santa Ana on February 27, 2019, for a duly noticed public hearing. D. For Minor Exception No. 2018-02, the Zoning Administrator of the City of Santa Ana determines that the following findings have been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The project site has a special circumstance related to its location and surroundings. The power pole currently servicing the surrounding residences is located on an adjacent neighboring property which will not provide the necessary easement to underground the feeder to the new development. Moreover, the only other power pole capable of providing an underground service is not feasible; to obtain power from this pole, the Applicant must trench through two residential properties and trench under South Andres Place. This option will be extremely costly to the Applicant and is beyond the typical range of cost experienced by most developers of single-family residences in Santa Ana. 1-7 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the minor exception is necessary for the preservation and enjoyment of substantial property rights. The granting of the minor exception will preserve the property owner’s ability to complete construction of a new single-family residence and accessory dwelling unit and to provide power to the new residential units and for the enjoyment of future occupants. 3. That the granting of a minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of this minor exception will not be detrimental to the public or surrounding properties. There is an existing overhead feeder that currently provides electrical service to the subject site. Continuing to provide overhead service will alleviate the need to trench through two residential properties. Additionally, having to close South Andres Place will create traffic and inconveniences to the surrounding residents and the general public. Approving this minor exception to allow the overhead electrical feeder will not have any negative impacts to the surrounding properties or general public welfare and will be the most feasible option to the Applicant, Southern California Edison (SCE), and the City. 4. That the granting of a minor exception will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan as the proposed minor exception is consistent with Goals 1, 2 and 3 of the Land Use Element of the General Plan. These goals encourage the development and occupation of single-family residences. Policy 1.4 supports the development of single-family residential lots, Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area, Policy 3.1 supports development which provides a positive contribution to neighborhood character and identity, and Policy 3.5 encourages new development and/or additions to existing development that are compatible in scale, and consistent with the architectural style and character of the neighborhood. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act (CEQA). The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption applies to projects consisting of construction and location of limited numbers of new, small facilities or structures. Up to three single- family residences can be constructed or converted under this exemption, 1-8 including accessory structures including garages, carports, patios and fences. Moreover, the project and its location meet the test for exceptions as outlined in Section 15300.2 of the CEQA Guidelines; the project site is not located in an environmentally sensitive area, will not impact an environmental resource of hazardous or critical concern, will not result in damage to scenic or historical resources, and is not located on a hazardous waste site. Based on these criteria and analysis by staff, Categorical Exemption Environmental Review No. 2019-12 will be filed for this project. Section 2. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Minor Exception No. 2018-02 as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 206 South Andres Place. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated February 27, 2019, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 27th day of February, 2019. _______________________ Vince Fregoso, AICP Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney 1-9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on February 27, 2019. Date: ________________ ____________________________________ Clerk of the Zoning Administrator City of Santa Ana 1-10 EXHIBIT A Conditions of Approval for Minor Exception No. 2018-02 Minor Exception 2018-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this minor exception. The Applicant must remain in compliance with all conditions listed below throughout the life of the minor exception. Failure to comply with each and every condition may result in the revocation of the minor exception. A. Planning Division 1. All proposed site improvements must conform to the site plan review approval of Res. No. 2017-1220 and Res. No. 2017-1221. 2. Any amendment to this minor exception must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the minor exception must be amended. 1-11 This page left blank intentionally. 1-12 EXHIBIT 2 1-13 2/11/2019 . http://apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html 1/1 NGUYEN RESIDENCE AND ADU, ME No. 2018-02206 SOUTH ANDRES PLACE EXHIBIT 2 - VICINITY ZONING AND AERIAL VIEW © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet 1-14 EXHIBIT 3 1-15 1-16 EXHIBIT 4 1-17 1-18 EXHIBIT 5 1-19 1-20