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HomeMy WebLinkAbout10-12-16 ZA PACKETiwl �_-t ZONING ADMINISTRATOR PUBLIC HEARING OCTOBER 12, 2016 City Hall Ross Annex First Floor Conference Room 1600 20 Civic Center Plaza, Santa Ana, CA 92701 CALL TO ORDER: 10:30 a.m. Zoning Administrator: Verny Carvajal Recording Secretary: Jocelyn Magalona 1. MINOR EXCEPTION NO. 2016-02 {STRATEGIC PLAN NOS. 3, 2; 3, 5; 5, 3; 5, 4; 7, 11 (Jerry Guevara) Danny Nguyen, is requesting approval of a minor exception to allow overhead electrical feed to a new residence at 5321 'lest First Street located in the Single -Family_ Residence (R-1) zoning district. Legal notice published in the Orange County Reporter on September 30, 2016 and notices mailed September 29, 2016. RECOMMENDED ACTION: Adopt a resolution approving Minor Exception No. 2016-02 as conditioned. 2. PUBLIC COMMENTS ADJOURNMENT If you need special assistance to participate in this Zoning Administrator meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. REQUEST FOR Zoning Administrator Action ZONING ADMINISTRATOR MEETING DATE: OCTOBER 12, 2016 TITLE: PUBLIC HEARING — MINOR EXCEPTION NO. 2016-02 TO ALLOW AN OVERHEAD ELECTRICAL FEEDER AT A NEW SINGLE— FAMILY RESIDENCE LOCATED AT 5321 WEST' FIRST STREET (STRATEGIC PLAN NOS. 3, 2; 3,5; 5,3; 5,4; 7, 1) Prepared by Jerry C. Guevara RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Manager Adopt a resolution approving Minor Exception No. 2016-02 as conditioned. Request of Applicant Danny Nguyen is requesting approval of Minor Exception No. 2016-02 to allow an overhead electrical feeder at a new single-family residence located at 5321 West First Street. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-626, approval of a minor exception is required to allow an overhead electrical feeder when otherwise required to be placed underground for new developments. Project Location and Site Description The subject property measures approximately 5,542 square feet and it is located on the north east corner of West First Street and North Maxine Street. It was recently purchased by the Nguyen Family and is currently being developed with a new 2,742 -square -foot two-story single-family residence with an attached 475 square foot two -car garage. The General Plan land use designation for the property is Low Density Residential (LR -7) and the zoning designation is Single -Family Residential (R1). The project is consistent with the General Plan and Zoning for the property. The property is surrounded by residential uses to the north, east, and south, and commercial uses to the west (Exhibit 1, 2, and 3). Project Description The owner is currently constructing a new 2,742 -square -foot two-story, five -bedroom single-family residence with an attached 475 -square -foot two -car garage. After construction, the property will still maintain the minimum required setbacks and will be under the allowable lot coverage area of 35 percent. Plans and permits for the single-family residence were approved by the Planning Division on February 11, 2016. In order to provide electrical power to the new residential unit, an overhead feeder is required. Minor Exception No. 2016-02 October 12, 2016 Page 2 Project Background The subject property was purchased by the Nguyen family in March of 2016. At the time of purchase, the property was developed with a single-family residence and a detached garage; however, in July of 2015, the applicant obtained demolition permits. On June 24, 2016, building permits for the new single-family residence and attached garage were issued by the Building Division. During construction, the applicant learned that electrical power needed to be obtained from across the street. Other options to provide electrical power to the property were explored by the applicant, but these other options were impractical and/or costly. Project Analvsis The applicant is requesting approval of a minor exception from SAMC Section 41-626 to allow the installation of an overhead electrical feeder in order to provide electrical service to the new residence. According to Southern California Edison (SCE), the electric utility company, the power pole currently servicing the surrounding residences is at maximum capacity and obtaining power from this pole is not feasible. To obtain power from this pole, the owner must upgrade three nearby power poles to increase capacity. These upgrades will be extremely costly to the applicant and are beyond the typical range of cost experienced by most developers of infill single-family residences in Santa Ana. In addition, the only feasible way of providing power to the new residence is from a power pole located on the south side of First Street, across the project site. Undergrounding the electrical feeder from this location will require trenching through First Street, which contains six traffic lanes and a center turn lane, resulting in the closure of First Street for numerous days creating traffic and inconveniences to the surrounding neighborhoods and the general public. Moreover, the undergrounding would impact two adjacent properties, requiring trenching through their sidewalk frontage. This option will also bear a cost to the applicant and will require permits and approval from the Public Works Agency that are also beyond the typical range of cost for developers of infill single- family residences in Santa Ana. After consulting with the Public Works Agency, undergrounding is not an option the Agency would consider. Lastly, there are existing overhead feeders throughout this segment of First Street. Approving this minor exception to allow the overhead electrical feeder will not have any negative impacts to the surrounding properties or general public welfare and will be the most feasible option to the applicant, SCE, and the City. Public Notification The project site is located within the Riverview West Neighborhood Association. The President of this association was notified by mail 10 days prior to this public hearing. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to surrounding property owners and tenants within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. Minor Exception No. 2016-02 October 12, 2016 Page 3 CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act (CEQA). The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption applies to projects consisting of construction and location of limited numbers of new, small facilities, or structures of up to 10,000 -square -feet in floor area insofar as the project and site meet the following criteria: that the project site is zoned for such use, that the project note involve the use of significant amounts of hazardous substances where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive. Moreover, the project and its location meet the test for exceptions as outlined in Section 15300.2 of the CEQA guidelines; the project site is not located in an environmentally sensitive area and will not impact an environmental resource of hazardous or critical concern. Based on these criteria and on staff's analysis, Categorical Exemption Environmental Review No. 2016-103 will be filed for this project. Strategic Plan Alignment Approval of this minor exception supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) and No. 5 (leverage private investment that results in tax base expansion and job creation citywide), Goal No. 5, Community Health, Livability, Engagement & Sustainability, Objectives No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and No. 4 (support neighborhood vitality and livability), and Goal No. 7 Team Santa Ana, Objective No. 1 (establish a culture of customer service and community engagement as the organization's primary focus). Conclusion Based oJ;a the analysis provided within this report, staff recommends that the Zoning Administrator approvp,IVlinor Exception No. 2016-02 as conditioned, Jerfy,'Gu Vara A�si'stan Planner JG:jm M.1M6nor ExepiionsWE No. 2016-02.za Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site and Vicinity Photos Exhibit 4 — Site Plan HAZARD AVE. L w uo pv I 1i-tA R7 F s Rl RT R2 v~7 Y 1 aHoa n Rl Np R2 pn,REA 09 f =_ R3 I Ci t of 1 R2 C2r 3LLVER CW L _ Al Rz R2 Hill Garden Grove r R, R1 RR1 c, fH r R1 _ o av R .i Egli aY I rW I "r� W cl l �, rR,R R1 c, — -- FIRST [eoLSAAvsaST. ILL MUSA Ave, C 1 C i� � p JJ�CT RE` RI Fr` HENDEAk]N av o HEnornwiR R� I 1 !I a R1 r - Ci Sy 1 a I Il I^ 3 c Rl R1 li vEBIC xlrcRr av I II ll Garden ! 1 of 1 !4R RT R1 RT R1 wEE,_�rl 0��, nl W Westm Ins Ler Rl -a I :Y. I o Rl I GAroYe Rl R1 R4 R1 R1 Rl I c ry MffADDEM AV. Ai GEN EPA LAGICULTU F4ALt CR (DIMMEFUALRES10ENTIAL RI SNGLEFAMILY RESIDENTIAL -B FAMNGMODIHCATION GC GOVERNMENT CENTER f112 TAG FAMILY RESIDENCE Gaul COMMonALSOLITH MAIN Mi LIGHTINDUSTRAL R3 MULTR-EDENSITYMULTIPLE Cl CCPMMUNITYCIMMEFOAL M2 HEAVYINDILSTRAL FAMILYFIESIDENCE C1 -MD COMM ._CGMME�AUMUSBJMDISTRICT MO MILITARYOPENMONS PASJBUF+BANAPARTM.EJTS C2 GENERALOOMMERDAL O OPEN SPACE F+1= FaDEN1TALFSPATE C3 CENTRALIBUSINESS P PfdGR�39ONAL SO SEORCDEVELOP LENT C3 -A aNTT1ALBUSNESSARTISMI-LAGE KD PLANNED COMMUNITY DIRALOPMENT SP SffiFlCRAN G4 PANNEDSIOPRNGCBJTER Fm PLANNED RESDEIIMALDFVE-OPMGNT Cb ARFT3dALCOMMERDAL ME 2016-02 91 NGUYEN OVERHEAD ELECTRICAL �,� 1 n'9` 5321 WEST FIRST STREET — =SCD FEEf T" = 1000 F= P L A N N I N G A N D B U I L D I N G A G E N C Y BXHIBIT 1 VICINITY MAP ME 2016-02 do"N NGUYEN OVERHEAD ELECTRICAL kv.5321 WEST FIRST STREET P L A N N I N G A N D 8 U I L D I N G A G E N C Y EXISTING LAND USE MAP EXHIBIT 2 2ND STREET S I N G L E �� F— VACAN R E S I D E N C E `L S I D N C �� w cr. S I N G L E- F A M I Y R E S I E N E H vi Lu COMMERCIAL z T X cc 1ST STREET M U L T I- F A M I L Y R E S I D E N C E ME 2016-02 do"N NGUYEN OVERHEAD ELECTRICAL kv.5321 WEST FIRST STREET P L A N N I N G A N D 8 U I L D I N G A G E N C Y EXISTING LAND USE MAP EXHIBIT 2 F �� 51NGLE-FAMILY VACAN R E S I D N C �� a ME 2016-02 do"N NGUYEN OVERHEAD ELECTRICAL kv.5321 WEST FIRST STREET P L A N N I N G A N D 8 U I L D I N G A G E N C Y EXISTING LAND USE MAP EXHIBIT 2 ME 2016-02 NGUYEN OVERHEAD ELECTRICAL 5321 WEST FIRST STREET EXHIBIT 3 SITE AND VICINITY PHOTOS 48.00' PROPERTY LLN'-E E7C 15T11J6 .a. Is O" E' HiFF . j $LlJGKJ^l.1LL Td HL RM1AIhl I L -XI STI N<5 CX15-1%449 TO Oft R15MAIN 'gym Ma RTFMAIN In -a- vex CU[1'CRI.YTiA DSIVf'±'WAY ` 2% Sib IRAIN Ma'ir�fa r�ir�ia'f A,G. C � 5Ir-5" -71-0 Is O" FI OOD ZONE-- A j I 'Vini Approvals � ci � FAFD_-+f2 97 fEMrtgs x � ItdG 1NSF IRE -7; ro`+S1x'-'GTICM? H iM — NONE tt nt_ f t s ent V� )en _y ux I I I ca s jI 1 I I ae I lealth Dep` tme, 1 II i i I x,wryI Lee a I : pj Af�4Q%JI RROVE - mlvjl 1p I -----J, - . +- 5Ir-5" -71-0 TRA. REO OATS 1 g fEMrtgs x � ItdG 1NSF IRE -7; ro`+S1x'-'GTICM? H iM — NONE ALS - (714 _ La T IN ri/Z;+13 FOR FLfft1RE ftE1l' - -a CT TO r8EMS GiECI{ AND DITIONS . (MEL { '^ 0 INTr_nuoli Tt flNt_Y + � ' i<XTE R1D. ALTERATIOPISIUODTR L6JL l7a Htr1TERi.'ll.`J TO bLVkTCH 1:X1STtf4C L3 S -Z hMN3 REQUIRED 1QIVp swT LANi3scnre FLAtis IFr3lt�tl6 Is U- PLANS I on the jab Aaliges or n from the III HALL NOT giort at Shy n SITE f PLOT FLAN EXHIBIT 4 48.W PROPERTY MaST NG CONC. suDswA 5321 W. ETRST ST. SANTA �- i I V AI Aj v SCALE : 1/8" = 1'-0" RESOLUTION NO. 2016-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2016-02 AS CONDITIONED FOR THE PROPERTY LOCATED AT 5321 WEST FIRST 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. The applicant, Danny Nguyen, is requesting approval of Minor Exception No. 2016-02 to allow the installation of an overhead feeder at the property located at 5321 West First Street. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-626, approval of a minor exception is required to allow an overhead electrical feeder when otherwise required to be placed underground for new developments. C. Minor Exception No. 2016-02 came before the Zoning Administrator of the City of Santa Ana on October 12, 2016, for a duly noticed public hearing. D. For Minor Exception No. 2016-02, the Zoning Administrator of the City of Santa Ana determines that the following findings have been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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 a special circumstance related to its location and surroundings. The power pole currently servicing the surrounding residences is at maximum capacity and power from this pole is not feasible; to obtain power from this pole, the owner must upgrade three nearby power poles to allow for increasing capacity. These upgrades will be extremely costly to the applicant and are beyond the typical range of cost experienced by most developers of single-family residences in Santa Ana. 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. Resolution No. 2016-xx Page 1 of 5 The granting of the minor exception is necessary for the preservation and enjoyment of substantial property rights. The granting of the minor exception will preserve the property owner's ability to complete construction of a new single-family residence and to provide power to the new residence and for the enjoyment of future occupants. I That the granting of a minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of this minor exception will not be detrimental to the public or surrounding properties. There are existing overhead feeders throughout this segment of First Street. Undergrounding the electrical feeder from this location will require trenching through seven lanes of First Street, which will result in the closure of First Street for numerous days creating traffic and inconveniences to the surrounding neighborhoods and the general public. Moreover, the undergrounding would impact two adjacent properties, requiring trenching through their sidewalk frontage. Approving this minor exception to allow the overhead electrical feeder will not have any negative impacts to the surrounding properties or general public welfare and will be the most feasible option to the applicant, SCE, and the City 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 as the proposed minor exception is consistent with Goals 1, 2 and 3 of the Land Use Element of the General Plan. These goals encourage the development and occupation of single-family residences. Policy 1.4 supports the development of single-family residential lots, Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area, Policy 3.1 supports development which provides a positive contribution to neighborhood character and identity, and Policy 3.5 encourages new development and/or additions to existing development that are compatible in scale, and consistent with the architectural style and character of the neighborhood. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act (CEQA). The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption applies to projects consisting of construction and location of limited numbers of new, small facilities, or structures of up to 10,000 square feet in floor area insofar as the project and site meet the following criteria: that the project site is zoned for such use, that the project note involve the use of significant amounts of hazardous substances where all necessary Resolution No. 2016-xx Page 2 of 5 public services and facilities are available, and the surrounding area is not environmentally sensitive. Moreover, the project and its location meet the test for exceptions as outlined in Section 15300.2 of the CEQA guidelines; the project site is not located in an environmentally sensitive area and will not impact an environmental resource of hazardous or critical concern. Based on these criteria and on staffs analysis, Categorical Exemption Environmental Review No. 2016-103 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Minor Exception No. 2016-02 as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 5321 West First Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated October 12, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 12th day of October, 2016. APPROVED AS TO FORM:. Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney Verny O. Carvajal, AICP Zoning Administrator Resolution No. 2016-xx 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. 2016-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on October 12, 2016. Date: Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2016-xx Page 4 of 5 EXHIBIT A Conditions of Approval for Minor Exception No. 2016-02 Minor Exception 2016-02 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 belowrigor 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. Planninq Division 1. All proposed site improvements must conform to the site plan review approval of Res. No. 2018-2131 and No. 2016-1080. 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 Resolution No. 2016-xx Page 5 of 5