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HomeMy WebLinkAbout20140115_2014-01_501EWalnutStROH — 01/15/14 RESOLUTION NO. 2014 -01 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA ADOPTING MINOR EXCEPTION NO. 2013 -02 TO PERMIT A SECOND DWELLING UNIT TO BE LOCATED IN AN OPEN SPACE DEFICIENT AREA OF THE CITY AT 501 EAST WALNUT 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. 2013 -02 to construct a second dwelling unit on the property located at 501 East Walnut 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 on a parcel which the city has designated as deficient in public open space. B. Minor Exception No. 2013 -02 came before the Zoning Administrator of the City of Santa Ana for a public hearing on January 15, 2014. 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 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. The subject site is located in an area designated as Park Deficient. However, the site is a 7,752 square foot lot in the R2 zone that is larger than the code requires. The number of households is increased, but this lot still provides more private open space, 1,610 square feet, than the standard R1 zoned lot as required and is Resolution No. 2014 -01 Page 1 of 5 therefore not adding to the demand for public open space. Other similar requests have been approved where all other requirements have been satisfied, and the subject site was larger than the SAMC required. 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The approval of this minor exception maintains 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 property owner will also reside on the site. The legal nonconforming detached garage will be demolished and a new two -car detached garage will be constructed bringing the parking into conformance with the SAMC thereby decreasing any current parking impacts to the community. 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 proposed second unit will not exceed 611 square feet which is less than required by Santa Ana Municipal Code Section 41 -194, and would not exceed 50 percent of the size of the existing single family home. Parking for the second dwelling unit will be provided so as not to impact the surrounding area. The subject site is within a mile of Birch Park, and less than two miles of the Santa Ana Zoo at Prentice Park. 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 in context with the goals and policies 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 brought into compliance with the SAMC. Goal 3.5 of the Urban Design Element Policy Plan encourages residential alterations that are consistent with the architectural character of the neighborhood. This project also meets the Housing Resolution No. 2014 -01 Page 2 of 5 Element's Goal 4, Policy No. 2.4, and Policy No. 4.1 to encourage equal housing opportunities for all economic segments of the community since this is an affordable housing opportunity. D. In accordance with the California Environmental Quality Act, the proposed project is categorically exempt per Section 15303(a) as it is a proposed second dwelling unit on a residentially zoned property. Environmental Review No. 2013 -106 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Minor Exception No. 2013 -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 January 15, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 15th day of January, 2014. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Resolution No. 2014 -01 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2014 -01 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on January 15, 2014. Date: Q-- - -- — -- Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2014 -01 Page 4 of 5 Conditions for Approval for Minor Exception No. 2013 -02 Minor Exception 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 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. 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. 2. The current 1,610 square feet open space as designated on the plans shall remain. 3. Prior to entering plan check, implement architectural features approved by staff such as porch, windows, roof, exterior finish, trims, etc. complementary for both the primary residence and secondary dwelling unit. Resolution No. 2014 -01 Page 5 of 5 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 2 "d Floor, Santa Ana, California 92701. I served the foregoing document described as: Resolution No. 2014 -01 (Minor Exception No. 2013 -021 in this action by placing a true copes enTdin sea etc% envelopes addressed as follows: Brian Rivera 501 East Walnut Street Santa Ana, CA 92701 [ ] 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 January 30, 2014 at Santa Ana, California. JOCELYN MAGALONA