HomeMy WebLinkAbout2011-085 - Reduction in Street Frontage to Allow Two Single Family Dwellings at 719 North Concord StreetROH 10/10/11
RESOLUTION NO. 2011 -085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING VARIANCE NO. 2011 -10 AS
CONDITIONED TO ALLOW A REDUCTION IN STREET
FRONTAGE TO ALLOW TWO SINGLE FAMILY
DWELLINGS AT 719 NORTH CONCORD STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Applicant is requesting approval of Variance No. 2011 -10 to allow a
reduction in street frontage for two single family dwellings at 719 North
Concord Street.
B. Variance No. 2011 -10 came before the Planning Commission of the City
of Santa Ana for a duly noticed public hearing on October In 201 1 , at
which time the Planning Commission recommended that the City Council
adopt a resolution approving Variance No. 2011 -10 as conditioned. As
such, Variance No. 2011 -10 came before the City Council of the City of
Santa Ana for a duly noticed public hearing on December 5, 2011.
C. Variance No. 2011 -10 has been filed with the City of Santa Ana seeking to
reduce the required street frontage in the R1 district. Section 41 -237 of the
Santa Ana Municipal Code requires fifty (50) feet of street frontage
measured from the back of the front yard setback in the R1 district.
D. Santa Ana Municipal Code Section 41 -638 authorizes the granting of 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 provisions of this Chapter.
The project site has a special circumstance related to its
shape and its location. The applicant is requesting approval
of a variance to allow a reduction in required street frontage
from 50 feet to approximately 48 feet for Parcel 1 and 15 feet
for Parcel 2. The proposed sites are composed of a
Resolution No. 2011 -085
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landlocked remnant excess parcel which resulted from the I-
5freeway widening and the area of the street to be vacated.
Because the freeway runs diagonal to the existing
development pattern of streets and parcels, the two remnant
parcels are generally triangular in shape. While the size and
width at most of the parcel's depth will comply and exceed
with the zoning standards, the street frontage will not, as the
total street frontage for both parcels is located at the
narrowest portion of the triangle. Both parcels, at its
narrowest point are about 63 feet wide as measured from
the back of the front yard setback. Once the parcel lines are
adjusted, Parcel 1 will have an approximate frontage of 48
feet, while Parcel 2 will have approximate frontage of 15
feet. In order to be able to accommodate vehicular access
to both parcels, a common driveway will be constructed. A
reciprocal easement agreement for egress and ingress will
be created, recorded and maintained in perpetuity or until
such time as the homes are demolished.
2. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
The granting of the variance is necessary for the
preservation and enjoyment of substantial property rights.
The granting of the variance will preserve the property
owner's ability to develop the two existing parcels each with
one home, a use allowed by right. As discussed earlier,
each parcel is comprised of a landlocked remnant parcel,
which once combined with the area to be vacated, will be
reconfigured via a lot line adjustment to best accommodate
the proposed homes.
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 detrimental to the
public or surrounding properties. With the granting of the
variance for the street frontage, the parcels and the
proposed development will comply with all applicable
development standards established in the R1 zoning district
and the Citywide Design Guidelines. Additionally, the
granting of the variance will allow residential development on
parcels that are currently vacant. The presence of vacant
sites can be detrimental to the appearance of a
neighborhood. Vacant sites also create a public nuisance
and can contribute to create an environment that can be
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conducive to crime, negatively impacting the adjacent
residential uses.
4. That the granting of a variance will not adversely affect the General
Plan of the City.
Finally, the project will not adversely affect the general plan
as the proposed residential use is developed within the
established density of the Land Use Element of the General
Plan. Additionally the project will be consistent with the
purpose of the General Plan Land Use and the Housing
Element, as it will further the goals and policies of the plan
and not obstruct their attainment. Specifically, it would
further the following General Plan goals and policies:
Land Use
Goal 3
Preserve and improve the character and integrity of
Element
existin nei hborhoods.
Policy 3.1
Support development which provides a positive
contribution to nei hborhood character and identit
Policy 3.5
Encourage new development and /or additions to existing
development that is compatible in scale, and consistent
with the architectural style and character of the
nei hborhood.
Policy 5.5
Encourage development which is compatible with, and
su ortive of surroundin land uses.
Housing
Goal 2
Provide a diversity of quality housing, affordability levels,
Element
and living experiences that accommodate Santa Ana's
residents and workforce of all household types, income
levels, and a e rou s to foster an inclusive communit
Policy
Agency -Owned Sites. Maximize affordable housing on
HE -2.8
Agency -owned properties that is of high quality,
sustainable, and available to various income levels.
E. In accordance with the California Environmental Quality Act, the proposed
project is categorically exempt from CEQA review per Section 15303, Class
3. The Class 3 exemption allows new construction of up to three single -
family residences in urbanized areas. A Notice of Exemption for
Environmental Review No. 201 1 -140 will be filed for this project.
Section 2. The City Council, after conducting the public hearing, hereby
approves Variance No. 2011 -10, as conditioned in Exhibit "A" attached hereto and
incorporated herein, to allow a reduction in the required landscaped setbacks for the
property located at 719 North Concord Street. This decision is based upon the evidence
Resolution No. 2011 -085
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submitted at the above said hearing, which includes, but is not limited to: the Request
for Planning Commission Action dated October 1 O, 201 1 , and exhibits attached thereto;
the Request for Council Action dated December 5, 201 1 , and exhibits attached thereto;
and the public testimony, all of which are incorporated herein by this reference.
ADOPTED this 5th day of December, 201 1
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph A. Straka
Interim Cit Attorney
By:
Rya dge
Ass ant ty Attorney
YES: Councilmembers: Alvarez. Benavides. Bustamante. Martinez.
Tinajero, Sarmiento (6)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Pulido (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2011 -085 to be the original resolution adopted by the City Council of the
City of Santa Ana on December 5, 201 1 .
Date: / S- iii C J7�I �iv�� 1`> f /J� �,�
Clerk of the Council
City of Santa Ana
Resolution No. 2011 -085
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Conditions for Approval for Variance No. 2011 -10
Variance No. 2011 -10 is approved subject to compliance, to the reasonable satisfaction of
the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the
California Administrative Code, the California Building Standards Code and all other
applicable regulations_ In addition, it shall meet the following conditions of approval.
The applicant must comply with each and every condition listed below prior 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. 2010-
48.
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 if the variance must be amended.
3. The applicant shall record a reciprocal easement agreement, in a form
acceptable to the City Attorney of the City of Santa Ana, for egress and
ingress for Parcel 1 and Parcel 2 prior to the issuance of building permits.
Said easement shall remain in effect in perpetuity or until such time as the
homes are demolished.
EXHIBIT A
Resolution No. 2011 -085
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