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HomeMy WebLinkAbout20121128_ZA2012-17_1217WSantaAnaROH --11128/12 RESOLUTION NO. 2012-17 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA ADOPTING MINOR EXCEPTION NO. 2012-03 TO EXCEED THE ALLOWABLE HEIGHT FOR A SECOND DWELLING UNIT LOCATED ABOVE A DETACHED GARAGE AND TO BE LOCATED fN AN OPEN SPACE DEFICIENT AREA OF THE CITY AT 1217 SANTA ANA BOULEVARD 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. Applicant is requesting approval of Minor Exception No. 2012-03 to construct a second dwelling unit above a detached two-car garage on the property located at 1217 Santa Ana Boulevard that does not meet the following provisions of Santa Ana Municipal Code section 41-194: 1. Subsection (a) to allow the second dwelling unit on a parcel which the city has designated as deficient in public open space; and, 2. Subsection (k) to allow the height of the second dwelling unit to exceed fifteen {15} feet. B. Minor Exception No. 2012-03 came before the Zoning Administrator of the City of Santa Ana for a public hearing on November 28, 2012. C. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to grant a minor exception upon making certain findings. 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 properties location less than 500 feet from the open space radii for both a pocket park to the southeast (Angels Park) and a neighborhood park to the northwest (EI Salvador Park) result in the need for a minor exception to allow a second dwelling unit in an open space deficient porkion of the City. Resolution No. 2012-17 Page 1 of 5 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 or injurious to surrounding properties as it will result in the development of a currently vacant property that has been the subject of several code enforcement actions with ahigh- quality single-family home, detached garage and second dwelling unit. The garage and second dwelling unit location in the rear of the property is consistent with the surrounding residential development as well as reduces the visual impact from the street. Further, the properties to the north of the subject property are cammerciak uses, further reducing potential visual or privacy related issues with the surrounding properties. 4. That the granting of a minor exception will not adversely affect the General Pkan 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. D. 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. 2012-76 will be filed far this project. Resofution No. 2092-97 Page 2 of 5 ~` ~~ Not ,2~~~-fly' ~~~~t~d ~~ ~ "~'F ~-~o~~~ ~'~~~, ~~~ ~+eci~~ s b~~ iron € ~v~~~ ~~I#t~tl ~'~e +~~~. ~~ ~~ ~ti~t fir# ~~ ~ . ~ ~` - ~ . is ~~~ ~~~ 'a~rr~~a~~. 2~, ~~, and e~b~ at; ~~;:; . ~ .! ~'_~, ~. ~_. ~ }fit ~: ~{ s., ~ ~t ~ ~ ~.~ ' ~ , ,~~~~ ~ ~ ~ Kam. ~ ~~ ~ ` ~~ ~. #"r t` Conditions for Approval for Ml~nor Exception No. 2012-03 Minor Exception 2012-03 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 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. 2012-1263. 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 farm approved by the city attorney affirming and consenting that either the primary dwelling unit or the second dwelling unit shall be owner-occupied. 4. Prior to entering plan check, meet with staff to make architectural features more consistent with City design guidelines for craftsman bungalow style for both primary residence and secondary dwelling unit. Exhibit A Page 1 of 1 Resolution No. 2012-17 Page 5 of 5 {/~_ ,4y 4 r~ ~y} ~ ~: ~:: .. ~- ~I ~~` ~ ; ,. ~- _ -- € ~ - . c~f ~,~ ~_ .- ~ ~. ~ ~ r t - ,~..-- ~ .. -_ _~ ~~ ~~~' .