HomeMy WebLinkAbout20121128_ZA2012-18_2326SMaple.denialPROOF 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
2nd Floor, Santa Ana, California 92701.
I served the foregoing document described as: Resolution No. 2012-18 (Minor
Exception No. 2012-02) in this action by placing a true copy thereof enclosed in sealed
envelopes addressed as follows:
Saul Delgado Leticia Portocarrero
Midoros LLC Designer Dream House
1611 E. Saint Andrews Street 5096 Tolowa Avenue
Santa Ana, CA 92702 Riverside, CA 92509
[ ] 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 December 18, 2012 at Santa Ana, California.
JOCELYN MAGALONA
ROH - 11/28/12
RESOLUTION NO. 2012-18
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA DENYING MINOR EXCEPTION
NO. 2012-02 TO ALLOW A SETBACK REDUCTION AND TO
EXCEED THE ALLOWABLE HEIGHT FOR A SECOND
DWELLING UNIT LOCATED ABOVE A DETACHED
GARAGE AT 2326 SOUTH MAPLE STREET
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. 2012-02 to
construct a new two-car garage and second dwelling unit on the property
located at 2326 South Maple Street that does not meet the following
provisions of Santa Ana Municipal Code section 41-194:
1. Subsection (h) to allow the second dwelling unit to have a rear yard less
than ten (10) feet; and,
2. Subsection (k) to allow the height of the second dwelling unit to exceed
fifteen (15) feet.
B. Minor Exception No. 2012-02 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.
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 legally created lot meets the minimum development
standards for the Single-Family Residential (R-1) zoning
district and is generally rectangular in shape. The subject
property is also identical to all of the other properties on the
block, thus no special circumstances exist which justify the
approval of a minor exception based on special
circumstances.
Resolution No. 2012-18
Page 1 of 3
2. That the granting of a minor exception is necessary for the
preservation and enjoyment of one or more substantial property
rights.
The Single-Family Residential (R-1) zoning designation
allows second dwelling units in conformance with Santa Ana
Municipal Code Section 41-194 without the approval of a
discretionary action. The proposed project could be
redesigned to meet the standards of Section 41-194 thus
preserving the property rights established by Assembly Bill
1866.
3. That the granting of a minor exception will not be materially
detrimental to the public welfare or injurious to surrounding property.
The proposed project will be detrimental to the surrounding
properties as the addition of a two-story detached structure
will impede on the privacy of the adjacent properties as well
as be out of character with a predominantly one-story single-
family streetscape.
4. That the granting of a minor exception will not adversely affect the
General Plan of the City.
The project will adversely affect the General Plan as it is
inconsistent with Policy 3.5 of the Land Use Element which
encourages development which is compatible in scale and
consistent with the architectural style and character of the
neighborhood. The applicants request to place the second
dwelling unit above the detached garage on a street that is
exclusively one-story single-family residences will be
significantly out of scale and character with the neighborhood.
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. 2012-75 will be filed for this project.
Section 2. The Zoning Administrator of the City of Santa Ana hereby denies
Minor Exception No. 2012-02. 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 Action dated November 28, 2012, and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
Resolution No. 2012-18
Page 2 of 3
ADOPTED this 28t" day of November, 2012.
Sergio Klotz
Zoning Administrator
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
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. 2012-18 to be the original resolution adopted by the
Zoning Administrator of the City of Santa Ana on November 28, 2012.
Date:
Clerk of the Zoning Administrator
City of Santa Ana
Resolution No. 2012-18
Page 3 of 3