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HomeMy WebLinkAbout20080820_2008-12_2412NValenciaSt• • ROH — 8/20/08 RESOLUTION NO. 2008 -12 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2008 -02 TO ALLOW A SECOND DWELLING UNIT WITH REDUCED SETBACK AND INCREASED HEIGHT AT 2412 NORTH VALENCIA 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. 2008 -02 to construct a second dwelling unit at the property located at 2412 North Valencia Street, that does not meet Santa Ana Municipal Code Section 41 -194, including: 1. A side yard setback of three feet at the rear of the lot rather than the five feet as required by the Santa Ana Municipal Code. 2. Exceeding the height requirement of 15 feet by having an accessory structure that is 16 feet in height. B. Minor Exception No. 2008 -02 came before the Zoning Administrator of the City of Santa Ana for a public hearing on August 20, 2008. C. Section 41 -194 of the Santa Ana Municipal Code (SAMC) contains the second dwelling unit standards, including: 1. SAMC Section 41- 194(g) which states "Each side yard shall be a minimum of five (5) feet for the second dwelling unit." 2. SAMC Section 41- 194(k) which states "The height of a detached second dwelling unit shall not exceed fifteen (15) feet." D. Santa Ana Municipal Code Section 41 -638 authorizes the Zoning Administrator to grant a minor exception from the provisions of the Santa Ana Municipal Code. The Zoning Administrator determines that the following findings have been established: 1. That because of special circumstances applicable to the subject is property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found Resolution No. 2008 -12 Page 1 of 4 r� u • 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 is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of the zoning code. First, 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 their property privileges allowed by others constructing additions matching legal nonconforming setbacks per Santa Ana Municipal Code Section 41 -235. Additionally, the requested height increase in size of the second dwelling unit is relatively small (one foot), but does much to maintain the architectural symmetry and integrity of this building due to the architectural style of the existing home, as well as the proposed matching style of the detached garage /second dwelling unit. 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The denial of this minor exception impacts the rights of the property owners to develop their 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 be consistent with the existing structure's architectural style, as well as to maintain a symmetrical appearance such as those English Tudor homes built in the 1920's time period. 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 1927, and neither its location nor size will be altered. The proposed second unit will not exceed 453 square feet, as required by Santa Ana Municipal Code Section 41 -194, and would not exceed 30% of the size of the existing single family home. Resolution No. 2008 -12 Page 2 of 4 0 4. That the granting of a minor exception will not adversely affect the General Plan of the City. The requested minor exception will not adversely affect the General Plan, as it has a positive impact on the goals and policies expressed in that document. Goal 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 parking impacts due to the garage being brought to code requirements. Goal 3.5 of the Urban Design Element Policy Plan encourages residential alterations that are consistent with the architectural character of the neighborhood. The proposed second unit is proposed to be attached to an existing structure, and is consistent with the architectural style of this residence and with the architectural quality of this residential neighborhood. E. In accordance with the California Environmental Quality Act, the proposed project is categorically exempt. Environmental Review No. 2008 -132 will be filed for this project as a minor alteration to an existing residential property. Section 2. The Zoning Administrator of the City of Santa Ana after conducting • the public hearing hereby approves Minor Exception No. 2008 -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 August 20, 2008, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 20th day of August, 2008. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney l 9 By: '�'✓! ' -- Ryan O. Hod e • Deputy City Attorney Vince Freg o Acting Zoning-Administrator Resolution No. 2008 -12 Page 3 of 4 • CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2008 -12 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on August 20, 2008. Date: q 10 k • • Clerk of the Z ministrator Resolution No. 2008 -12 Page 4 of 4 • • PROOF 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. 2008 -12 (Minor Exception No. 2008 -02) in this action by placing a true copy thereof enclosed in sealed envelopes a resseas follows: Kelly Mullarney 2412 North Valencia Santa Ana, CA 92706 [ ] 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 pet jury under the laws of the State of California that the foregoing is true and correct. Executed on September 9, 2008_@t nta Ana, California. lice]