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HomeMy WebLinkAboutZA FULL PACKET 2012-05-16May 16, 2012 City Hall Ross Annex Second Floor Conference Room 20 Civic Center Plaza, Santa Ana, CA 92701 CALL TO ORDER: 10:00 a.m. Zoning Administrator: Sergio Klotz Recording Secretary: Jocelyn Magalona 1. RESIDENTIAL RELOCATION NO. 2012-01 AND MINOR EXCEPTION NO. 2012-01 (Matt Foulkes) Filed by Saul Delgado, representing Midoros LLC, to allow the relocation of a residence from 1605 West Fifth Street to 1920 West Fourth Street and construct a new two-car garage and second dwelling unit at 1920 West Fourth Street. A minor exception is also requested to allow a reduction in the rear yard setback in order to allow the second dwelling unit to be attached to the garage and be located within 10 feet of the rear property line, located in the Single Family Residential (R1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: May 4, 2012 PUBLICLY NOTICED: May 3, 2012 RECOMMENDATION: a. Adopt a resolution approving Residential Relocation No. 2012-01 as conditioned. b. Adopt a resolution approving Minor Exception No. 2012-01 as conditioned. 2. Public Comments Adjournment If you need special assistance to participate in this Zoning Administrator meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647-5340. 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] 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. ZONING ADMINISTRATOR PUBLIC HEARING REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING ©ATE: MAY 16, 2012 TITLE: PUBLIC HEARING -RESIDENTIAL RELOCATION N0. 2012-01 TO RELOCATE A SINGLE FAMILY RESIDENCE AND MINOR EXCEPTION NO.2012-01 TO ALLOW A SETBACK REDUCTION FOR A SECOND DWELLING UNIT AT 1920 WEST FOURTH STREET Prepared by Matt Foulkes PLANNING COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For DENTED ^ Applicant's Request ^ Staff Recommendation CONTINUED TO ~~, ~ ---- Plan ing Manager RECOMMENDED ACTION 1. Adopt a resolution approving Residential Relocation No. 2012-01 as conditioned. 2. Adopt a resolution approving Minor Exception No. 2012-01 as conditioned. DISCUSSION Request of App_Iicanf The applicant, Midoros LLC, is requesting approval of Residential Relocation No, 20'12-01 and Minor Exception No. 2012-01 to relocate a single family residence from 1605 West Fifth Street to 1920 West Fourth Street and construct a new two-car garage and second dwelling unit. A minor exception from Santa Ana Municipal Code {SAMC) Section 41~194(h) is also requested to allow a reduction in the rear yard setback in order to allow the second dwelling unit to be attached to the garage and be located within 10 feet of the rear property line. Project Location and Site Descri tion The site is located within the Artesia Piiar neighborhood. The property is located on the south side of Fourth Street between Townsend and Daisy Streets (Exhibit 1). The existing 5,000 square foot lot is currently vacant but was previously developed with asingle-family residence. The property is surrounded by single-#amily residential homes to the south and east, commercial property to the west and the P&E right-of-way to the north (Exhibit 2). Project Description The applicant is proposing to relocate an approximately 930 square foot single family residence from 1605 West Fifth Street to 1920 West Fourth Street and construct a 300 square foot second dwelling unit above a 504 square foot two-car garage. The second dwelling unit will be accessed from an internal stairway located within the garage. Residential Relocation No. 20'12-01 Minor Exception No. 2012-01 May 16, 2012 Page 2 Improvements to the main residence, which will be completed under separate permits include a new front porch, repair of damaged siding and the complete re-wiring and re-plumbing of the residence to meet current building code requirements. The architectural style and exterior materials of the new unit have been designed to match the relocated home and two-car garage (Exhibits 3 and 4}, Pro'ect Back round Midoros LLC purchased the vacant property at 1920 West Fourth Street with the intent to construct a new single family residence and garage. Prior to submitting plans for construction they were approached by Our Lady of Pillar Church to possibly relocate an existing single-#amily residence from a lot adjacent to the church to allow a possible future expansion of the church parking lot. Although smaller than the Name that was to be proposed at the subject property, the applicant elected to take the opportunity to save, relocate and rehabilitate an existing home that was likely to be demolished. The limited size and number of bedrooms provided in the relocated structure necessitated the addition of a second dwelling unit on the site to make it more economically viable as well as provide an additional affordable housing opportunity within the neighborhood. In 2003, the California State Legislature enacted AB 1866, which took effect on July 1, 2003. The so-called "Granny Flat" bill instructs local governments to include provisions that encourage the addition of second dwelling units in their municipal codes and to remove unreasonable restrictions on constructing such units by making them ministerial in nature. The bill had broad support from a variety of constituents and sources and has been lauded as a means of improving affordable housing stock throughout California. General Plan and Zonin Anal sis The General Plan land use designation for the site is Low Density Residential (LR-7). Low Density Residential districts are characterized primarily by single-family homes and lower density residential land uses. The project is consistent with this General Plan land use designation as it maintains the single-family residential characteristics of the neighborhood. The subject site is zoned Single-Family Residential {R-1 }. This designation allows for one-family dwellings and accessory buildings. This project is consistent with the zoning for the property. Pro'ect Anal sis The applicant is requesting approval of a residential relocation and a minor exception from the City's Second Dwelling Unit ordinance (SAMC Section 41-194). Specifically, the applicant is requesting a minor exception from Section 41-194{h) to allow the second dwelling unit to have a rear yard less than 10 feet. Residential Relocation No. 2012-01 Minor Exception No. 2012-01 May 16, 2012 Page 3 Residential Relocation Residential Relocation Permit requests are governed by Section 41 W620 of the SAMC. A Residential Relocation Permit may be granted when it can be shown that the following can be established: The residential structure proposed to be moved or relocated is comparable in value, size, {square footage of livable floor space, excluding porches, breezeways and garages), structural quality, type of construction, design, appearance, and overall physical upkeep and condition, to residences located in the area adjacent to, or in the immediate vicinity of the lot or parcel on which the residential structure is proposed to be moved or relocated. • That moving or relocation of the residential structure will not be detrimental, decrease or diminish the value of real properties located adjacent to, or in the immediate vicinity of, the lot or parcel on which the residential structure is proposed to be moved or relocated. • That the move or relocation of the residential structure will comply with the regulations and conditions specified in the zoning district in which the affected lot or parcel is situated. • That approval of the permit will not adversely affect the general plan of the city, or any specific plan of the city applicable to the lot or parcel on which the residential structure is proposed to be moved ar relocated. If these findings can be made, then it is appropriate to grant the Residential Relocation Permit. Conversely, the inability to make these findings would result in a denial Using this information staff has prepared the following analysis, which in turn, forms the basis for the recommendation contained in this report. In analyzing the residential relocation permit request, staff believes that the following findings of fact warrant approval of the residential relocation permit. The size, structural quality, type of construction and appearance of the relocated structure will be comparable and complementary to the adjacent and surrounding residences within the Artesia Pilar neighborhood, since the structure is currently located in the same neighborhood and less than 112 mile from the proposed location. According to available records, the single family residence and detached garage were constructed in 1923. The front porch was enclosed in 1955, but will be returned to its original open condition as part of the relocation. The house was constructed in the California Bungalow architectural style, with several of the original features maintained, such as the wood clap board siding, double-hung windows and gable vents. A wooden carport was added to the east side of the home, but will also be removed as part of the relocation. Residential Relocation No. 2012-01 Minor Exception No. 2012-01 May 16, 2012 Page 4 Further, the relocated house will be in keeping with the size and livable floor space of other nearby residential structures. The house is approximately 930 square feet and consists of two bedrooms, one bath, living room, dining roam and kitchen. The relocation of the house will add value to the structure by preserving its architecture, bringing the interior wiring and plumbing of the residence up to current building code standards and re-establishing structural integrity to the foundation. The location of the house in the front of the lot with the required parking in the rear of the property is consistent with other development in the neighborhood. • Relocating the house will not be detrimental to, decrease or diminish the value of real properties located adjacent to, or in the immediate vicinity of the lot or parcel on which the residential structure is proposed to be moved or relocated. The presence of vacant sites can be detrimental to the appearance of a neighborhood. This is particularly critical in this neighborhood since it lacks architectural cohesion and generally has a number of older buildings that are not well maintained, Vacant sites also create a public nuisance and can contribute to the creation of an environment that can be conducive to crime, negatively impacting the adjacent residential uses, The relocation will contribute positively to the neighborhood, as the overall quality and architectural style of the residence is consistent with the existing neighborhood and will add to the overall aesthetic character of the immediate vicinity by adding to the development of the block with a house that will be complementary to the existing adjacent residential development. • The project is in compliance with the use and development standards established for the Single Family Residential (R-1) zone. The relocated structure is within the maximum building height allowed for the zone, meets the building setback and frontage requirements, and proposes parking to be located in the rear of the lot. • The relocation is consistent with the General Plan land use designation of Low Density Residential. The existing house and proposed two-car garage are approximately 1,433 square feet and will be located on a 5,000 square foot lot, resulting in 28.6 percent lot coverage. The project is also consistent with the City's General Plan goals to provide affordable housing opportunities {Housing Element and Goal 4). Second Dwelling_Unit Setbacks The applicant is proposing to maximize the open space within the rear yard area by locating the second dwelling unit above the detached garage. However, by attaching the unit, both the garage and the second unit are required to maintain the 10-foot rear yard setback required in Section 41- 194(h) of the SAMC. To meet both the yard setback requirements of the primary structure as well as maintain the required 15-foot separation between the primary structure and detached garage a minor exception is required from the 1D-foot rear yard setback to allow the garage portion to be within five feet of the rear property line. The proposed second dwelling unit will be stepped back an additional five feet above the garage to maintain a 10-foot setback for the actual unit. Residential Relocation No. 2012-01 Minor Exception No. 2012-01 May 16, 2012 Page 5 Another option that was available to the applicant was to move the garage an additional five feet away from the rear property line to comply with the 10-foot rear yard setback and then request a minor exception from the separation requirements for a primary and accessory structure. This option was determined to be less advantageous as it would result in a substantially more difficult fuming radius for vehicles to park in the garage as well as reduce the driveway area available for meeting the parking requirement for the proposed second dwelling unit. Additionally, detached garages located near the rear of the property were found to be more consistent with the development pattern in the surrounding neighborhood as well as further reduced the visual impact of the proposed second dwelling unit from the street. The granting of the proposed minor exception allows the project to carry out the goals of the General Plan. Policy 1.1 of the Housing Element encourages "the rehabilitation, repair, and improvement of single-family" structures within the City. Additionally, the project is in compliance with Policies 2.4 and 2.5 as the new unit increases the diversity of housing types and enhances the architecture of the existing structures. Public Notification The project site is located within the boundaries of the Artesia Pilar Neighborhood Association. The president of this Association was notified by mail 10 days prior to this public hearing. In addition, the District representative from the City's Neighborhood Improvement program contacted the president to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association president, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all adjacent property owners of the project site. At the time of this printing, staff has received no inquiries on this project from members of the public. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2012-34 will be filed for this project. Residential Relocation No. 2D12-01 Minor Exception No. 20'12-01 May 16, 2012 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Zoning Administrator approve Residential Relocation No. 2012-01 and Minor Exception No. 2D12-01 as conditioned. ~~~ Matt Foulkes Management Aide Vince Fregoso, Principal Planner MF:jm s:Pian ninglMatUReportslerl2-D 1 me12-D1.za Attachments: Exhibit 1 -Vicinity Map Exhibit 2 -land Use Map Exhibit 3 - SitelFloor Plan Exhibit 4 -Elevations Rk i RI Rl Ri At •-Y 5R, .$ it ..A ~ `,,, n. 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The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Residential Relocation No. 2012- 01 to relocate a single family residence from 1605 West Fifth Street to 1920 West Fourth Street and construct a new two-car garage and second dwelling unit, and Minor Exception No. 2012-01 to allow a reduction in the rear yard setback in order to allow the second dwelling unit to be attached to the garage and be located within 10 feet of the rear property line. B. Residential Relocation No. 2012-01 and Minor Exception No. 2012-01 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on May 16, 2012. C. Santa Ana Municipal Code Section 41-fi20 requires a residential relocation permit to move or relocate any residential structure. D. Santa Ana Municipal Code Section 41-620 authorizes the Zoning Administrator to approve a residential relocation permit upon making certain findings: 1. Will the residential structure proposed to be moved or relocated be comparable in value, size, {square footage of livable floor space, excluding parches, breezeways and garages), structural quality, type of construction, design, appearance, and overall physical upkeep and condition, to residences located in the area adjacent to, or in the immediate vicinity of, the lot or parcel on which the residential structure is proposed to be moved or relocated? The size, structural quality, type of construction and appearance of the relocated structure will be comparable and complementary to the adjacent and surrounding residences within the Artesia Pilar neighborhood, since the Resolution No. 2fl12-xx Page 1 of 7 structure is currently located in the same neighborhood and less than 112 mile from the proposed location. According to available records, the single family residence and detached garage were constructed in 1923. The front porch was enclosed in 1955, but will be returned to its original open condition as part of the relocation. The house was constructed in the California Bungalow architectural style, with several of the original features maintained, such as the wood clap board siding, double-hung windows and gable vents. A wooden carport was added to east side of the home, but will also be removed as part of the relocation. The relocated house will be in keeping with the size and livable floor space of other nearby residential structures. The house is approximately 930 square feet and consists of two bedrooms, one bath, living roam, dining room and kitchen. The relocation of the house will add value to the structure by preserving its architecture, bringing the interior wiring and plumbing of the residence up to current building code standards and re-establishing structural integrity to the foundation. The location of the house in the front of the !ot with the required parking in the rear of the property is consistent with other development in the neighborhood. 2. Will moving or relocation of the residential structure be detrimental, decrease or diminish the value of real properties located adjacent to, or in the immediate vicinity of, the lot or parcel on which the residential structure is proposed to be moved or relocated? Relocating the house will not be detrimental to, decrease or diminish the value of real properties located adjacent to, or in the immediate vicinity of the lot or parcel on which the residential structure is proposed to be moved or relocated. The presence of vacant sites can be detrimental to the appearance of a neighborhood. This is particularly critical in this neighborhood since it lacks architecture[ cohesion and generally has a number of older buildings that are not well maintained. Vacant sites also create a public nuisance and cart contribute to the creation of an environment that can be conducive to crime, negatively impacting the adjacent residential uses. The relocation will contribute positively to the neighborhood, as the overall quality and architectural style of the residence is consistent with the existing neighborhood and will add to the overall aesthetic character of the immediate vicinity by adding to the development of the block with a house that will be complementary to the existing adjacent residential development. Resolution No. 2012-xx Page 2 of 7 3. Will the move or relocation of the residential structure comply with the regulations and conditions specified in the zoning district in which the affected lot or parcel is situated? The project is in compliance with the use and development standards established for the Single Family Residential (R-1) zone. The relocated structure is within the maximum building height allowed for the zone, meets the building setback and frontage requirements, and proposes parking to be located in the rear of the lot. 4. Will approval of the permit adversely affect the general plan of the city, or any specific plan of the city applicable to the lot or parcel on which the residential structure is proposed to be moved or relocated? The relocation is consistent with the General Plan land use designation of Low Density Residential The existing house and proposed two-car garage are approximately 1,433 square feet and will be located on a 5,000 square foot lot, resulting in 28.6 percent lot coverage. The project is also consistent with the City's General Plan goals to provide affordable housing opportunities (Housing Element Goal 4). E. Santa Ana Municipal Code Section 41-194{h) requires that the rear yard for a second dwelling unit shall be a minimum of ten {10) feet. A. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to grant a minor exception 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. The legakly created lot is smaller than the standard 6,000 square foot at 50-feet wide by only 100-feet long. In order to meet the setback requirements for the main house while also meeting the separation requirements for the detached garage there was insufficient room to move the garage forward to meet the 10-foot rear yard setback requirement for the proposed second dwelling unit. The unit itself will meet the 10-foot rear yard setback requirement, but because it is attached to the garage, the minor exception is required. Resolution No. 2012-xx Page 3 of 7 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The minor exception will allow the owner the right to develop the property in a manner encouraged by the State of California, i.e., providing affordable housing in single-family areas. The owner of this residence wishes to execute the project in accordance with the local guidelines and per AB 1866, California's law that encourages the construction of second dwelling units as an affordable housing option. 3. That the granting of a minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The project will not be materially detrimental to the public welfare because the proposed detached garage will maintain the required five-foot setback from the rear property line and the proposed second dwelling unit will maintain the 10~foot rear yard setback from the rear property line. The minor exception is only required because they will be attached. The proposed second dwelling unit will not exceed 30 percent the size of the primary unit as required by Section 41-194. 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 it is consistent with Policy 1.1 of the Housing Element which encourages the "rehabilitation, repair, and improvement of single-family" structures within the City. Additionally, the project is consistent with Policies 2.4 and 2.5 of the Housing Element as the new unit increases the diversity of housing types and enhances the architecture of the existing structures. F. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendatipn is exempt from further review pursuant to Section 1b303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2012-34 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Residential Relocation Permit No. 2012-01 and Minor Exception No. 2012-01 as conditioned in Exhibits A and B respectively, attached hereto and incorporated herein by this reference. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Zoning Administrator Resolution No. 2012-xx Page 4 of 7 Action dated May 16, 2012, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this re#erence. ADOPTED this 16th day of May, 2012. Sergio Klotz Zoning Administrator APPROVED AS TO FORM: Sonia R, Carvalho, City Attorney gy: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2012-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on May 16, 2012. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2012-xx Page 5 of 7 Conditions for A royal for Residential Relocation No. 2012-01 Residential Relocation No, 2012-01 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 rip or to exercising the rights conferred by this residential relocation. The applicant must remain in compliance with ail conditions listed below throughout the life of the residential relocation. Failure to comply with each and every condition may result in the revocation of the residential relocation, A. Planning Division '(. Any amendment to this residential relocation permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the residential relocation permit must be amended. 2. Prior to the issuance of a relocation permit from the Building Division the owner shall post a Completion Bond in the favor of the City of Santa Ana. Said bond shall be in the amount equal to the cost of the rehabilitation required by the building official, and street and walks improvements, all to city standards, plus 25 percent, of the work required to be done in order to comply with all of the conditions of the Building Division Relocation permit, as estimated by the building official. Exhibit A Page 1 of 1 Resolution No. 2o'f 2-xx Pago 6 of 7 Conditions for Approval for Minor Exception No. 2012-01 Minor Exception No. 2012-01 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 Administra#ive Code, the California Building Standards 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 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 All proposed site improvements must conform to the site plan review approval of Res. No. 2012-472. 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. 3. Prior to the issuance of a building permit, the owner or owners of the parcel shall file with the planning manager a recorded covenant, in a form approved by the city attorney affirming and consenting that either the primary dwelling unit or the second dwelling unit shall be owner-occupied. Exhibit B Page 1 of 1 Resolution No. 2012-xx Page 7 of 7