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HomeMy WebLinkAbout2004-11 RESOLUTION NO. 2004-11 KO-6/7/04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2004-04 AS CONDITIONED FOR A REDUCTION OF THE STREET FRONTAGE REQUIREMENTS FOR THE PROPERTY LOCATED AT 515 WEST TENTH STREET 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. Variance No. 2004-04 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 24, 2004. B. Variance No. 2004-04 has been filed with the City of Santa Ana seeking to allow the reduction of the street frontage requirements. C. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 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 minor exception with the intent and purpose of the provisions of this Chapter. There are special circumstances applicable to the subject property. The existing vacant lot has a street frontage of 74 feet which does not meet minimum standards. The proposed single-family residences comply with all development standards set forth in Chapter 41 of the Santa Ana Municipal Code including lot size, setbacks, lot coverage, parking and landscaping. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Resolution No. 2004-11 Page 1 of 3 The granting of the variance is necessary to develop the • property with well-designed single-family residences that are consistent with the Two-Family Residence (R2) zoning district. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to the surrounding property because the proposed two-story, single-family residences comply with all development standards set forth in Chapter 41 of the Santa Ana Municipal Code including lot size, setbacks, parking and landscaping. 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 General Plan of the City since the proposed single-family residences are designed in conformance with the General Plan land use designation and the Housing Element to promote a range of suitable housing stock and preserve the integrity and character of neighborhoods. D. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption Environmental Review No. 04-33 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves Variance No. 2004-04 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated May 24, 2004 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 24th day of May, 2004 by the following vote: ;: AYES: Commissioners: De La Torre, Leo, Mondo, Nalle (4) NOES: Commissioners: Cribb, Sinclair (2) ABSENT: Commissioners: Lutz (1) ABSTENTIONS: Commissioners: None (0) Resolution No. 2004-11 Page 2 of 3 Glen Mondo Chair erson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ~. Kylee O. Otto Deputy City A,~#orney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2004-11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 24, 2004. Date: ly - ~ ~ Planning Commission Secre City of Santa Ana Resolution No. 2004-11 Page 3 of 3 • Conditions for Approval for Variance No. 2004-04 Variance No. 2004-04 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 Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or 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. 03- 82. 2. Any amendment to this variance must be submitted to the Planning Division for review, after which staff will determine if administrative relief is . available or the variance must be amended. 3. Construct all improvements as indicated on the approved street improvement plans, per City Standards. 4. Street work is required to be performed by a licensed contractor. Exhibit A