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HomeMy WebLinkAbout20130610_2013-09_1919NSpurgeon• RESOLUTION NO. 2013-09 ROH - 06!10/13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NOS. 2013-02, 2013-03, AND 2013-04 AS CONDITIONED TO ALLOW FOR A REDUCTION IN THE REQUIRED OFF- STREET PARKING AND SETBACKS FOR THE PROPERTY LOCATED AT 1919 NORTH SPURGEON 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. Applicant is requesting approval of: Variance No. 2013-02 to allow a reduction in the minimum lot size; Variance No. 2013-03 to allow a reduction in parking; and, Variance No. 2013-04 to allow a reduction in front, side, and rear yard setbacks for a new single-family residence on a 2,457 square foot lot at 1919 North Spurgeon Street. B. Variance Nos. 2013-02, 2013-03, and 2013-04 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on June 10, 2013, to consider all testimony, written and oral. C. Variance No. 2013-02 has been filed with the City of Santa Ana seeking to allow a reduction in the minimum lot size for asingle-family residence. 1. Section 41-247.6 of the Santa Ana Municipal Code requires a lot containing one dwelling unit to have an area of at least 6,000 square feet. 2. While the subject property was once over this minimum lot size, as a result of the I-5 Freeway widening, it has been reduced to 2,457 square feet. 3. 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, the strict application of the zoning ordinance is found to deprive the subject property of privileges not Resolution No. 2013-09 Page 1 of 10 • otherwise at variance with the intent and purpose of provisions of this Chapter. Special circumstances exist in that this lot is a legally created remnant parcel resulting from the widening of the I-5 Freeway. Prior to the I-5 widening, this lot was over 6,000 square feet. As a result of the I-5 widening, this parcel was substantially reduced in area, but has retained its R-2 zoning and MR-15 General Plan land use designation. The property is unable to increase its square footage as it is bounded by the I-5 Freeway to the east, a Caltrans drainage easement to the north and an existing single-family residence to the south. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the opportunity to develop this site with a high quality single-family residence. Not allowing this variance would likely result in the property remaining vacant as it is below the minimum square footage for • development in the R-2 zone. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The proposed single-family dwelling will have no detrimental impacts on the surrounding properties or neighborhood. The lot is being developed with an appropriately sized and scaled single-family residence that will harmoniously blend with the residential character of the neighborhood. Minimum building setback requirements were maintained on the southern side of the property adjacent to the existing single- family residence. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of this variance will not adversely affect the General Plan. The construction of asingle-family residence at this location is consistent with the Medium • Density Residential (MR-15) General Plan land use designation and supports Policy 3.5 of the Land Use Resolution No. 2D13-09 Page 2 of 10 • Element by proposing asingle-family residence that is compatible in scale, and consistent with the architectural style and character of the neighborhood. The proposed residence is appropriately sized both in overall square footage and the ratio of bedroom space to public space and has been designed to complement the craftsman style architecture of the other single- family homes in the neighborhood. D. Variance No. 2013-03 has been filed with the City of Santa Ana seeking to allow a reduction in required off-street parking. Section 41-1320 of the Santa Ana Municipal Code requires atwo-car garage with two parking spaces to be parked in tandem in a 20-foot driveway for single-family residences. The applicant is proposing to provide cone-car garage and 15-feet of driveway parking. 3. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings: i. 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 project site has special circumstances related to its size, shape and surroundings. The reduced lot size, irregular shape and Caltrans drainage easement along the northern property line significantly limit the projects developable area. An analysis of development options during the Site Plan Review phase concluded that a project meeting all the development standards in the R-2 zone would be so small as to make the home impractical. Primary amongst these was the requirement to provide a 20- foot by 20-foot two-car garage with 20-feet of driveway which would have reduced the livable area on the first floor to less than 100 square feet. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial • property rights. Resolution No. 2013-09 Page 3 of 10 • The granting of this variance would allow the property owner the opportunity to develop this site with a high quality single-family residence. Due to the site size and shape restrictions, not granting this variance would result in the project no longer being feasible for development. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The proposed single-family dwelling will have no detrimental impacts on the public welfare or surrounding properties. The lot is being developed with an appropriately sized and scaled single-family residence that will maintain the required setbacks and second floor massing along the property line adjacent the existing single-family residence. The project's limited total square footage combined with only two bedrooms proposed results in the provided off-street parking being sufficient for this project. Additionally, the development of a high-quality single-family • residence on this previously vacant site will improve the neighborhood by providing an additional housing option. iv. That the granting of a variance will not adversely affect the General Plan of the City. The project has been designed to be architecturally integrated with other single-family homes in the area which is consistent with Policies 2.10 and 3.5 of the Land Use Element which supports new development which is harmonious in scale and character with existing development in the area. The development of asingle-family residence on this previously vacant parcel also supports Policy 1.3 of the Housing Element which promotes a complementary mix of land uses that improves the character and stability of neighborhoods. E. Variance No. 2013-04 has been filed with the City of Santa Ana seeking to allow a reduction in front, side, and rear yard setbacks. 1. Santa Ana Municipal Code Section 41-249 states that the front yard • setback shall be not less than 20-feet, Section 41-250 states that side yard setbacks shall be not less than five-feet, and Section 41- Resolution No. 2013-09 Page 4 of 10 • 251 states that rear yard setbacks shall be not less than 15-feet in the Two-Family Residential (R-2) zone. 2. The applicant is proposing to encroach into the required front, side, and rear yard setbacks. 3. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings: i. 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 project site has special circumstances related to its size, shape and surroundings. The reduced lot size, irregular shape and Caltrans drainage easement along the northern property line significantly limit the projects developable area. An analysis of development options during the Site Plan Review phase concluded that a project meeting all the • development standards in the R-2 zone would be so small as to make the home impractical. Primary amongst these was the requirement to provide a 20- foot by 20-foot two-car garage with 20-feet of driveway which would have reduced the livable area on the first floor to less than 100 square feet. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance is necessary for the preservation and enjoyment of substantial property rights. Without the approval of the requested variance the developable area of the property would be so restricted as to become infeasible for development and would remain vacant. The proposed project maximizes the developable area while minimizing any impacts to the adjacent single- family residence to the south. iii. That the granting of a variance will not be materially • detrimental to the public welfare or injurious to surrounding property. Resolution No. 2013-09 Page 5 of 10 • The granting of these variances will not be detrimental to the public or surrounding properties. The project has been designed to meet the applicable development standards on the side adjacent to the existing single-family residence. Along this property line the project has maintained the required five-foot side yard setback as well as stepped back the second story an additional four feet to reduce the visual impact and massing of the second floor. Additionally, the driveway and garage are positioned nearest the northern property line and the front door is set back an additional six feet to maintain the required 20-foot front yard setback on this portion of the home. Lastly, the open space on the northern portion of the property that is restricted from development by the Caltrans drainage easement will be utilized as open space for the home to offset the loss of rear yard open space. iv. That the granting of a variance will not adversely affect the General Plan of the City. • The granting of this variance will not adversely affect the General Plan. The project has been designed to be architecturally integrated with other single-family homes in the area which is consistent with Policy 2.10 of the Land Use Element which supports new development which is harmonious in scale and character with existing development in the area. The development of a single-family residence on this previously vacant parcel also supports Policy 1.3 of the Housing Element which promotes a complementary mix of land uses that improves the character and stability of neighborhoods. F. 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. 2012-54 will be filed for this project. • Section 2. The Planning Commission, after conducting the public hearing, hereby approves: Variance No. 2013-02, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the minimum lot size; Variance No. 2013- 03, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in parking; and, Variance No. 2013-04, as conditioned in Exhibit "C" attached hereto and incorporated herein, to allow a reduction in front, side, and rear yard Resolution No. 2013-09 Page 6 of 10 • setbacks, for a new single-family residence at 1919 North Spurgeon Street. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 10, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. • ADOPTED this 10th day of June , 2013. AYES: Commissioners: Alderete, Bacerra Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_ Ryan rney Crespo, Gartner, Mill, Nalle, CERTIFICATE OF ATTESTATION AND ORIGINALITY • I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013-09 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 10. 2013 . Date: ~~~ ~ ° ~ ~ Secret of the Planning mi ion City of Santa Ana Resolution No. 2013-09 Page 7 of 10 • Conditions for Approval for Variance No. 2013-02 Variance No. 2013-02 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 rior 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. 2012- 31. 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 the variance must be amended. 3. Provide landscaping in accordance with submitted landscape plan. 4. Prior to plan check submittal, revise the plans to note the installation of clapboard siding on the front elevation in place of stucco. • Resolution No. 2013-09 Page 8 of 10 • Conditions for Approval for Variance No. 2013-03 Variance No. 2013-03 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 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. 2012- 31. 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 the variance must be amended. • 3. Provide landscaping in accordance with submitted landscape plan. 4. Prior to plan check submittal, revise the plans to note the installation of clapboard siding on the front elevation in place of stucco. Resolution No. 2013-09 Page 9 of 10 • Conditions for Approval for Variance No. 2013-04 Variance No. 2012-04 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 California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip Or t0 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. 2012- 31. 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 the variance must be amended. • 3. Provide landscaping in accordance with submitted landscape plan. 4. Prior to plan check submittal, revise the plans to note the installation of clapboard siding on the front elevation in place of stucco. • Resolution No. 2013-09 Page 10 of 10