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RESOLUTION NO. 2011-04
ROH - 04/27/11
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA ADOPTING MINOR
EXCEPTION NO. 2011-01 TO ALLOW A SECOND
DWELLING UNIT WITHIN A PARK DEFICIENT AREA AND
WITH REDUCED SIDE AND REAR YARD SETBACKS AT
2105 NORTH TOWNER 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. 2011-01 to
construct a second dwelling unit on the property located at 2105 North
Towner Street, that does not meet the following provisions of Santa Ana
Municipal Code section 41-194:
•
1. Subsection (a) to allow the second dwelling unit in a park deficient area;
2. Subsection (g) to allow the second dwelling unit to have a side yard less
than five (5) feet; and,
3. Subsection (h) to allow the second dwelling unit to have a rear yard less
than ten (10) feet.
B. Minor Exception No. 2011-01 came before the Zoning Administrator of the
City of Santa Ana for a public hearing on April 27, 2011.
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.
•
There are special circumstances applicable to the subject
property where the strict interpretation of the zoning ordinance
would deprive the property owner of privileges not otherwise
at variance with the intent and purpose of the zoning code.
First, the 7,823 square foot site is larger than the standard
Resolution No. 2011-04
Page 1 of 5
• residential lot and is able to provide open space in the rear
yard area. In addition, the location of the existing garage and
the existing setback is legal nonconforming because of
changes in the code, and the strict application of the setback
requirements would deprive the owner of her property
privileges allowed by others constructing additions matching
legal nonconforming setbacks per Santa Ana Municipal Code
Section 41-236.
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 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 existing detached garage was permitted
and legally built in 1955, and neither its location nor size will
be altered. The proposed second unit will not exceed 421
square feet, as required by Santa Ana Municipal Code
Section 41-194, and would not exceed 30 percent of the size
of the existing single family home.
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 but will
be consistent with the goals and policies of the document.
Policy 2.2 of the Urban Design Element states that new
development must be consistent with the scale, bulk, and
pattern of existing development, with this proposal consistent
in scale, bulk, and pattern of the neighborhood. Furthermore,
Policy 2.7 of the Urban Design Element states that projects
must exhibit a functional, comfortable scale in relation to the
neighborhood. This proposal is in scale with existing
• structures in the neighborhood, and will not create off-site
Resolution No. 2011-04
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• parking impacts due to the garage being brought to code
requirements.
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. 2011-27 will be
filed for this project.
Section 2. The Zoning Administrator of the City of Santa Ana hereby approves
Minor Exception No. 2011-01 as conditioned in Exhibit "A" attached hereto and
incorporated herein. 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 April 27, 2011, and exhibits attached thereto; and the public testimony, all
of which are incorporated herein by this reference.
ADOPTED this 27~h day of April, 2011.
• Sergi
Zoning
APPROVED AS TO FORM:
Joseph A. Straka, City Attorney
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Ryan od'e
Resolution No. 2011-04
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• CERTIFICATE OF ATTESTATION AND ORIGINALITY
1, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and
certify the attached Resolution No. 2011-04 to be the original resolution adopted by the
Zoning Administrator of the City of Santa Ana on A ril 7 2011.
Date: SIIrO/I~ ~_ ~ ~~~~
Clerk of the Wing Administrator
City of Santa Ana
.]
C]
Resolution No. 2011-04
• Conditions for Approval for Minor Exception No. 2011-01
Minor Exception No. 2011-01 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 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. 2011-178.
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.
4. Prior to the issuance of a building permit, revise the plans to depict
enhanced fire protection along the south property line.
5. The rear yard open space shall be maintained at all times. No additional
building can be constructed in the rear yard that would reduce the rear
yard area to less than 2,524 square feet.
• Exhibit A
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Resolution No. 2011-04
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