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HomeMy WebLinkAbout31D - VARIANCE 2252 W JUDITH LNREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2008 TITLE: VARIANCE NO. 2008-16 TO ALLOW A REDUCTION IN STREET FRONTAGE IN ORDER TO CONSTRUCT AN ADDITIONAL DWELLING UNIT AT 2252 WEST JUDITH LANE - AL MACIEL, APPLICANT ,~ ~' /,~ (~. t/~(/~~-- - CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S` Reading ^ Ordinance on 2nd Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2008-16 as conditioned. PLANNING COMMISSION ACTION On September 22, 2008, the Planning Commission adopted a resolution approving Variance No. 2008-16 as conditioned by a vote of 5:0 (De La Torre and Mill absent) to allow a reduction in the street frontage in order to construct an additional dwelling unit at 2252 West Judith Lane in the Two-Family Residential (R2) zoning district. The Planning Commission added a condition to reduce the width of the driveway leading to the new residence and replace with landscaping as deemed appropriate by the planning division (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. a M. Trevino Executive Director Planning & Building Agency MF:rb mf\reports\va08-16 2252 Judith st frontage reduc.cc 31 D-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 22, 2008 TITLE: PUBLIC HEARING - FILED BY MR. AL MACIEL FOR VARIANCE NO. 2008-16 TO ALLOW A REDUCTION IN STREET FRONTAGE IN ORDER TO CONSTRUCT AN ADDITIONAL DWELLING UNIT AT 2252 WEST JUDITH LANE Prepared by Matt Foulkes Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENIED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO Plannin anager Adopt a resolution approving Variance No. 2008-16 as conditioned. DISCUSSION Request of Applicant Mr. Al Maciel, on behalf of Vincente Piedra, is requesting the approval of a variance from the street frontage standards in the Two-Family Residential (R-2) zoning district in order to construct a 1,113 square foot dwelling unit with an attached two-car garage at 2252 West Judith Lane. Property Description The subject property has a General Plan land use designation of Low Density Residential (LR-7), and is within the Two-Family Residential (R2) zoning district. The 19,339 square foot, irregularly shaped parcel is currently developed with a 2,100 square foot single-family residence and attached two-car garage. The property is surrounded by one and two-family residences to the west, south and north with the Santa Ana River to the east (Exhibits 1 and 2). Project Description The project involves the construction of a 1,113 square foot, one-story, two bedroom, one bathroom single-family residence with a 327 square foot covered patio. The exterior will feature decorative stone along the base to complement stucco siding to match the existing residence on the front EXHIBIT A 31 D-2 Variance 2008-16 September 22, 2008 Page 2 of the property (Exhibits 3 and 4). The proposed residence will be located adjacent to the eastern property line towards the rear of the property. A 427 square foot, attached two-car garage will be accessed through an extension of the existing driveway and curb cut. Landscaping will be provided in accordance with the Two-Family Residential (R2) landscape guidelines and will include Day Lilies, Shore Junipers and several existing mature fruit trees to accent Bougainvillea vines along the perimeter fencing and Bermuda sod as shown in the landscape plan (Exhibit 5). Analysis of the Issues The applicant is requesting a variance from Section 41-247.7(b) of the Santa Ana Municipal Code (SANG) to allow two units on a lot . The SAMC requires a minimum of 75 feet of street frontage in order to construct a second single-family residence on an R-2 zoned property while only 56 feet of street frontage is provided at the subject property. Section 41-638(a)(2)(i) of the SAMC allows the Planning Commission to grant variances from the Municipal Code in cases where findings can be made that the property is unique in terms of size, shape or topography and in which the strict interpretation of the Code prevents the property from taking advantage of a substantial property right. The subject parcel is located on a quasi cul-de-sac at the convergence of Judith Lane and Fair Way, which has resulted in a lot that is large enough to meet all of the development standards set forth in the R-2 zoning district for two units but due to its irregular shape cannot meet the required street frontage. Ordinance No. NS-2111, adopted in 1991, amended the R-2 standards to require a minimum of 50 feet of street frontage for a single unit and 75 feet of street frontage for two or more units. This street frontage requirement was created in order to ensure that lots were of an adequate size to accommodate multiple units while still providing necessary open space, as well as provide sufficient frontage for driveway access to each unit. The proposed residence has been sited to allow both the existing and new house to utilize the same driveway in order to limit the visual impact from the street by maintaining only one curb cut for access to both units. The proposed unit has also been located adjacent to the eastern property line towards the rear of the property in order to maximize the more than 5,000 square feet of rear yard open space available on the parcel. 31 D-3 Variance 2008-16 September 22, 2008 Page 3 Additionally, the surrounding properties in the immediate area contain two units, although most lots are less than half the size of the subject property. The prevalence of two-unit properties in this area combined with locating the new unit towards the rear of the property will help prevent the proposed project from negatively impacting the surrounding properties. These efforts were made to comply with Policy 2.2 of the Urban Design Element of the General Plan, which encourages development that is consistent with the scale, bulk and pattern or existing residential neighborhoods. The granting of this variance will also support several other General Plan goals and policies, including Policy 3.5 of the Land Use Element of the General Plan, by encouraging development that is compatible in scale and consistent with the character of the neighborhood as well as Goal 4 of the Housing Element, which encourages the development of a variety of housing opportunities to accommodate current and projected housing needs. Based on the analysis of the project and the project's compatibility with the City's General Plan and applicable development standards, staff recommends approval of Variance No. 2008-16 as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt per Section 15303(a). This Class 3 exemption allows for the construction of single-family residences in a residential zone. As a result, no further environmental review is needed. Environmental Review No. 2007-215 will be filed for this project. Matt Foul Assistant Planner I MF:jm mf\reports\va08-16 2252 Judith st frontage reduc.pc _..... /'~ Y Vince Frego o, A CP Principal ar~~r 31 D-4 -- ~__ I R1 ~~~EBE ~ R1 I STRAWBERRY LN. R1 ~ Rt "~~ R4 nl C R2 Al GENERAL AGRICULTURAL C-SM SOUTH MAIN STREET COMMERCIAL DISTRICT PD PLANNED DEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRD PLANNED RESIDENTIAL DEVELOPMENT C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R1 SINGLE-FAMILY RESIDENCE C1-MD COMMUNITY COMMERCIAL-MUSEUM DISTRICT M1 LIGHT INDUSTRIAL R2 TWO-FAMILY RESIDENCE C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL R3 MULTIPLE-FAMILY RESIDENCE C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT C3-A CENTRAL BUSINESS-ARTISTS' VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT CS ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT VA 08-16 ~ MR. AL MACIEL ~ 2252 WEST JUDITH LANE - - =500 FEET 1" = 1000 FEET P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP B~ 1 Q ~ ~ /// W W W_ LL ~~ ~~ ~o ~ ~ P ~~i ~~ ~~~ 9~c STS s / ~ , _ JUDITH l.w~~.. F { ~} ~~ ~~ T O F A I L R S I E T I A L fi _ t.. SING E F A ILY R S 1 E N T I A L p UNIT S RES. WASHINGTON q~FN ., ,~ .P., S, OF SI GLE FA ILY ~P y ~~ 9 S~ ,y,~ R SID NTI L ~. FTi.~1' ,~- va os-y s ~` MR. AL MACIEL 8,,, °' 2252 WEST JUDITH LANE P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP 3 ~~I~T 2 2 UNITS ~. ES. 14TH ST. J I~ w 'i . K1t1F4," " 1 f p I 4 , `~`~ X14+"`" ~ ~ fl., j I ' `'S, PATIO , /~~ ~s © COVER I % Ij _ b it I % / ~ ,.. b I T S % Q / ~ ~ I ~ ~ f<~~4o a ~ I ~ ~/ ~ k KRCHEN I I . I b 1 ,,t~ 4 I ~~ E •b `_ i EXISTING ---- ~ DINING b~ ~~ SFR I b « n b ~ - ENCILOISED ~ R ~ a n BATH n ~ ~« PATIO ~'^ $ /?~ ~f -_- ~ 4 q ATIO 8 __ ~ COVER i A S - LMNG ~. ~ A~HAGE ~ 6 b~ BEDXf2~ 'y C 1 ~ ~ bA ~ 61C~Ib YI~M,° a . ~ ,y . PORCH '\ 1 ~' ~~~ i AREA ANALYSIS GARAGE ~ rmi b vnc nu WK[ . ' " bN Q SRE PLAN NOTES f0pf"""' °` ""' "" 1~- ~ {~y~q~~~~~ .o. cow..a ne. f1 fai 8~7YfYlA'A6 11g~.("r'yP~"..r ,. ~"r` 134.~{I"i!'1311b?pi~:'~.~.~~pp~. ~5~~~ .. ~;'~14£dlti° aY+°7F~JPk ..f. PROJECT DATA ,....... °" 2252 JUDITH LN ~ ~' SANTA ANA, CA 92706 oN(s ru N S ~ "f W ni2.•s FTI N C~ ~ yIxs ypy p~ ~ s ~v Ll°k L MR °uM~ hf°`°MM~AC4tMFWS Ywl KCwn d My ~m~oH~P ° + py ° 'fG Ip ~~~"MPW~~i y ,yi,~ iOHiNfto °M.IGL. AI Meclel VICINITY MAP ,a„'„." ;° "°," iFSryNy,[ tl of ~ ~ ~ f I s ~ ~ ~. ` -~ .. _.. 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T Wi YY Ati l9 KO-09/26/08 RESOLUTION NO.2008-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-16 AS CONDITIONED TO ALLOW A REDUCTION IN THE STREET FRONTAGE STANDARDS IN THE TWO- FAMILY RESIDENTIAL (R-2) ZONING DISTRICT IN ORDER TO CONSTRUCT A 1,113 SQUARE FOOT DWELLING UNIT WITH AN ATTACHED TWO-CAR GARAGE AT 2252 WEST JUDITH LANE 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. Applicant is requesting approval of Variance No. 2008-16 to allow a reduction the street frontage standards in the Two-Family Residential (R-2) zoning district in order to construct a 1,113 square foot dwelling unit with an attached two-car garage at 2252 West Judith Lane. B. Variance No. 2008-16 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on September 22, 2008. C. Variance No. 2008-16 has been filed with the City of Santa Ana seeking to reduce the required street frontage from 75 feet of street frontage to 56 feet. D. Santa Ana Municipal Code Section 41-247.7(b) requires a minimum of 75 feet of street frontage in order to construct a second single-family residence on an R-2 zoned property. E. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, 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. Resolution No. 2008-31 Page 1 of 5 31 D-10 Special circumstances exist in that this lots irregular shape, due to its location on a quasi-cul-de-sac, has limited its street frontage to 56 feet although it is 19,339 square feet in area. This reduced street frontage has created a hardship by preventing the owner from building a second dwelling unit although the lots R-2 zoning and LR-7 General Plan land use designation allows for the second unit which will meet all of the other development standards in the R-2 zoning district. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the opportunity to develop this site with a second single- family residence that meets all other applicable development standards and which is a permitted use in the R-2 zoning district. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The proposed single-family dwelling will have no detrimental impacts on the surrounding properties or neighborhood. The lot is being developed with an appropriately sized and scaled single-family residence that will harmoniously blend with the primarily two-family residential character of the neighborhood. The proposed residences location towards the rear of the property and use of an existing driveway for access will further help to minimize the units' visual impact from the street. These efforts were made to comply with Policy 2.2 of the Urban Design Element, which encourages development that is consistent with the scale, bulk and pattern of existing residential neighborhood. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Low Density Residential (LR-7) would allow up to three units on the subject property while only two are proposed. This is consistent with Policy 3.5 of the Land Use Element which encourages development that is compatible in scale and consistent with the character of the neighborhood. This project also supports Goal 4 of the Housing Element, which Resolution No. 2008-31 Page 2 of 5 31 D-11 encourages the development of a variety of housing opportunities to accommodate current and projected housing needs. F. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt per Section 15303(a). This Class 3 exemption allows for the construction of single-family residences in a residential zone. As a result, no further environmental review is needed. Environmental Review No. 2007-215 will be filed for this project Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2008-16, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the required street frontage from 75 feet of street frontage to 56 feet. This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated September 22, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 22nd day of September, 2008 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Yrarrazaval (5) NOES: Commissioners: None (0) ABSENT: Commissioners: De La Torre, Mill (2) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney Resolution No. 2008-31 Page 3 of 5 31 D-12 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2008-31 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 22, 2008. Date: Planning Commission Secretary City of Santa Ana Resolution No. 2008-31 Page 4 of 5 31 D-13 Conditions for Aaaroval for Variance No. 2008-16 Variance No. 2008-16 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 Califomia Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 07-81. 2. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 3. Provide landscaping in accordance with submitted landscape plan. 4. Show on the final landscaping plan, that the concrete in the rear yard behind the existing building has been reduced so that it is just a driveway leading to the attached garage of the new residence. Replace removed concrete with landscaping consistent with City regulations. Modified by Planning Commission on September 22, 2008 Resolution No. 2008-31 Page 5 of 5 3 ~ ~f'ri~ii~ PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF_CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex Second Floor, Santa Ana, California 92701. I served the fore oing document described as: Resolution No. 2008-31 (Variance No. 2008-16}g in this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: AI Maciel 2017 West Alto Avenue Santa Ana, CA 92703 Vicente Piedra 2252 West Judith Lane Santa Ana, CA 92706 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ]The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ 31 D-15 31 D-16