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Home My WebLink About150408_ZAReso2015-02_526SBroadwayROH — 03/04/15 RESOLUTION NO. 2015-02 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA ADOPTING MINOR EXCEPTION NO. 2015-02 AS CONDITIONED TO PERMIT A SECOND DWELLING UNIT WITHIN A PARK DEFICIENT AREA AT 526 SOUTH BROADWAY 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. Applicants are requesting approval of Minor Exception No. 2015-02 to allow the construction of a second unit on the property located at 526 South Broadway, which is located in an area that has been designated by the City as deficient in public open space. B. Santa Ana Municipal Code section 41-194(a) states that, "No second ,L4I.Y.YlGIIII nit ck ill he IL.� ullll VG p1111LLGU I aly IJ/ lLi l e1,;++e VIl #ho VVI LI i#v 1,,,n IG LILY IIQJ designated as deficient in public open space, as shown on the map entitled "Areas of Open Space Deficiency" on file with the clerk of the council." C. Minor Exception No. 2015-02 came before the Zoning Administrator of the City of Santa Ana for a public hearing on March 4, 2015. At that time, the Zoning Administrator continued the hearing to March 25, 2015. On March 25, 2015, the Zoning Administrator continued the hearing to April 8, 2015. D. 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 an Resolution No. 2015-02 Page 1 of 5 8,331 square foot lot in the R1/R2 area of the SD -40 zone that is larger than the code requires. The number of households is increased, but this lot still provides more private open space than the standard R1 zoned lot requires and is 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 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 400 square feet which is consistent with Santa Ana Municipal Code Section 41-194, and the entire accessory structure will 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. 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 is consistent with the goals and policies of the 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 parking being 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 Resolution No. 2015-02 Page 2 of 5 neighborhood. This project also meets the Housing 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. E. 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. 2015-02 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 8, 2015, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 8"' day of April, 2015. Verny Carvajal Zoning Administrator APPROVED AS TO FORM: Sonia R. Cgarvalho_City Attorney By:�J Ryan O. Resolution No. 2015-02 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. 2015-02 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on April 8, 2015. Date: lerk_of-the-Zon� g Ad ini 'gator_ City of Santa A Resolution No. 2015-02 Page 4 of 5 Conditions for Approval for Minor Exception No. 2015-02 Minor Exception No. 2015-02 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 belowrip 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, including all landscaping as shown on the site plan, must conform to the approval of RES No. 2015-117. 2. Any amendment to this minor exception must be submitted to the Planning Division for review. At such time, staff will determine if administrative relief is available or if the minor exception must be amended. 3. The project shall be submitted as a single phase as the approval of the 400 square foot second dwelling unit will be attached to a new 324 square foot detached garage and 254 square foot storage area, along with a carport. 4. Prior to the issuance of a building permit, the owner or owners of the parcel shall file 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. 5. There shall be no more than one exterior man door on the garage/storage unit. Exhibit A Page 1 of 1 Resolution No. 2015-02 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. 2015-02 (Minor Exce tion No. 2015-02 in this action by placing a true copy t ier� enTcfin spa envelop nve opes a c resse as follows: Macda Gabrakirstos & Cruz Ramirez 526 South Broadway Avenue Santa Ana, CA 92703 [ ] 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 April 28, 2015 at Santa Ana, California. z " -71-2 -� � 2.0-GELYN MAGALPWA