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HomeMy WebLinkAbout11-4-20 AGENDA PACKETZONING ADMINISTRATOR AGENDA NOVEMBER 4, 2020 CITY OF SANTA ANA ZONING ADMINISTRATOR AGENDA NOVEMBER 4, 2020 10:30 A.M. CITY HALL COUNCIL CHAMBER VIRTUAL MEETING Laura Rossini Legal Counsel Minh Thai Executive Director Vince Fregoso Planning Manager The Zoning Administrator Agenda can be found online: https://www.santa-ana.org/cc/city-meetings Si tiene preguntas en español, favor de llamar a Narcee Perez al (714) 667-2260. Nếu cần liên lạc b ằng tiếng Việt, xin điện tho ại cho Tony Lai số (714) 565-2627. Translation Services: For translation services in other languages, contact Sarah Bernal at sbernal@santa-ana.org no later than 48 hours prior to the scheduled meeting. Special Assistance: If you need special assistance to participate in this meeting, please contact Michael Ortiz, ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to Vince Fregoso Zoning Administrator Sarah Bernal Recording Secretary Due to Governor Gavin Newsom's Executive Order and the City Council's Proclamation of Local Emergency, we can no longer offer an in-person meeting location for the community to attend public meetings. To watch the open meeting.:  Visit the City’s website santa-ana.org/city-meetings and select the active link for the current Zoning Administrator meeting  Visit the City’s YouTube site at youtube.com/cityofsantaanavideos/live To provide a phone comment:  You may comment by phone while the meeting is in progress by calling 669-900-9128. Enter Meeting ID: 315 965 149# when prompted. While the item that you would like to comment on is being discussed, dial *9 to let us know that you want to speak. You will have 3 minutes to state your name, whether you are in support of or in opposition to the item, and why. If you are calling in and watching YouTube, please turn your volume down on YouTube to limit any feedback when you speak. To provide a written comment:  You may submit a comment by e-mail at ecomments@santa-ana.org (reference ‘”Zoning Administrator Public Comment for Agenda Item No. #” in the subject line). Make sure to include your name, whether you are in support of or in opposition to the item and why. Comments received by 10:00 a.m. on the day of the meeting will be distributed to the Zoning Administrator prior to the start of the meeting and will also be posted on our website at www.santa-ana.org/cc/city-meetings. The Clerk will provide a summary report of the comments received on each item. Comments received after 10:00 a.m. may not be distributed to the Zoning Administrator but will be posted on the City's website at the earliest possible opportunity after the meeting. ZONING ADMINISTRATOR AGENDA NOVEMBER 4, 2020 Basic Meeting Information Agenda An agenda is provided for each meeting. The agenda is posted on the posting boards outside the Civic Center entrance and Council Chamber. Meeting agendas and approved minutes are kept current on the City website at www.santa-ana.org/cc/city-meetings. The items on the agenda are arranged in four categories: Consent Calendar: These are relatively minor in nature, do not have any outstanding issues or concerns, and do not require a public hearing. All consent calendar items are considered as one item and a single vote is taken for their approval, unless an item is pulled from the consent calendar for individual discussion. There is no public discussion of consent calendar items unless requested by the Zoning Administrator. Public Hearings: This category is for case applications that require, by law, a hearing open to public comment because of the discretionary nature of the request. Public hearings are formally conducted and public input/testimony is requested at a specific time. This is your opportunity to speak on the item(s) that concern you. Public Hearing Procedure: The Zoning Administrator (ZA) will follow the following procedure for all items listed as public hearing items: 1. The ZA will ask for presentation of the staff report; 2. The ZA will have the opportunity to question staff in order to clarify any specific points; 3. The applicant and the project representative will be allowed to make a presentation; 4. The public hearing will be opened; 5. Members of the audience will be allowed to speak, for a maximum of 3 minutes per speaker; 6. The applicant will be given an opportunity to respond to comments made by the audience; 7. The public hearing will be closed; and 8. Discussion of the proposal will return to the ZA with formal action taken to approve, conditionally approve, deny, or continue review of the application. Business Items: Items in this category are general in nature and may require action. Public input may be received at the request of the Zoning Administrator. See information for Speaker’s Card/Request to Speak on the first page. Work Study Session: Items in this category are generally items requiring discussion. No action will be taken. Persons wishing to speak regarding Work Study Session matters should file a "Request to Speak" form with the Recording Secretary. Staff Reports: Staff reports can be downloaded from the City’s website at https://www.santa-ana.org/cc/city-meetings If you have any questions regarding any item of business on the agenda for this meeting, or any of the staff reports or other documentation relating to any agenda item, please contact the Planning and Building Agency at 714-667-2732. Appeals: The formal action by Zoning Administrator shall become effective after the ten-day appeal period, unless appealed. The appeal must be filed with the Planning Department, accompanied by the required filing fee, within ten days of the date of the Zoning Administrator’s action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. An appeal from the decision or requirement of the Zoning Administrator may be made by any interested party, individual, or group. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. Submittal of information for dissemination or presentation Written Materials/Handouts: Any member of the public who desires to submit documentation in hard copy form may do so prior to the meeting or at the time he/she addresses the Zoning Administrator. Please provide 15 copies of the information to be submitted and file with the Recording Secretary at the time of arrival to the meeting. This information will be disseminated at the time testimony is given. Large Displays/Maps/Renderings: Any member of the public who desires to display freestanding large displays or renderings in conjunction with their public testimony is asked to notify the Planning and Building Agency at 714-667-2732 no later than noon on the day of the scheduled meeting. Electronic Documents/Audio-Visuals: Any member of the public who desires to display information electronically in conjunction with their public testimony is asked to submit the information to the Planning and Building Agency at 714-667-2732 no later than noon on the day of the scheduled meeting. Code of Ethics and Conduct: The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s webpage. The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect · Efficiency Senate Bill 343: As required by Senate Bill 343, any non-confidential writings or documents provided to the Zoning Administrator regarding any item on this agenda will be made available for public inspection in the Planning & Building Agency during normal business hours. ZONING ADMINISTRATOR AGENDA NOVEMBER 4, 2020 CITY OF SANTA ANA ZONING ADMINISTRATOR AGENDA NOVEMBER 4, 2020 10:30 A.M. CALL TO ORDER PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (non-agenda items): You may submit written comments by email to ecomments@santa-ana.org (reference ‘”Planning Commission Public Comment for non-agenda item” in the subject line). The deadline to submit comments is 10:00 a.m. on the day of the meeting. Comments will be viewable on the City Meetings web page. The Clerk will provide a summary report of the comments received. You may comment by phone while the meeting is in progress by calling 669-900-9128. Enter Meeting ID: 315 965 149# when prompted. While the item that you would like to comment on is being discussed, dial *9 to let us know that you want to speak. Please state your name and comment. You will have 3 minutes to speak. PUBLIC HEARING - Notice to Public: Zoning administrator decision is final unless appealed within 10 days by any interested party, group, or individual. Legal notice published in the Orange County Reporter on October 23, 2020 and notices mailed and posted at least 10 days prior. 1. MINOR EXCEPTION NO. 2020-04 LOCATION: 1141 WEST WALNUT STREET LOCATED IN THE TWO-FAMILY RESIDENTIAL (R-2) ZONING DISTRICT. REQUEST: The applicant is requesting approval of a minor exception to allow an overhead electrical feeder at a new single-family residence and attached accessory dwelling unit development. ENVIRONMENTAL IMPACT: The Zoning Administrator will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15303 – New Facilities. Notice of Exemption, Environmental Review No. 2020-87 will be filed for this project. RECOMMENDED ACTION: Adopt a resolution. A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2020-04 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1141 WEST WALNUT STREET ADJOURNMENT BUSINESS CALENDAR You may submit written comments by email to ecomments@santa-ana.org (reference ‘”Zoning Administrator Public Comment for Agenda Item #” in the subject line). The deadline to submit comments is 10:00 a .m. on the day of the meeting. Comments will be viewable on the City Meetings web page. The Clerk will provide a summary report of the comments received. You may comment by phone while the meeting is in progress by calling 669-900-9128. Enter Meeting ID: 315 965 149# when prompted. While the item that you would like to comment on is being discussed, dial *9 to let us know that you want to speak. Please state your name, whether you are in support or opposition to an item and why. You will have 3 minutes to speak. Resolution No. 2020-xx Page 1 of 5 RESOLUTION NO. 2020-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2020-04 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1141 WEST 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. The applicant, Tracy Tu, is requesting approval of Minor Exception No. 2020-04 to allow the installation of an overhead electrical feeder at the property located at 1141 West Walnut 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 d evelopments. C. The applicant is currently constructing a new single-family residence and converting an existing single-family residence at the rear of the property into an accessory dwelling unit. During construction, it was identified that the proposed overhead electrical feeder service necessitated application for a minor exception to allow overhead electrical feeder service to the new and rehabilitated structures. D. Minor Exception No. 2020-04 came before the Zoning Administrator of the City of Santa Ana on November 4, 2020, for a duly noticed public hearing. E. For Minor Exception No. 2020-04, 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. Drawing electrical service from the only other power pole capable of providing an underground service is not feasible; to obtain power from this pole, the owner would have to trench the parkways of two residential properties and trench under West Walnut Street. This option would be impractical to the applicant and the Resolution No. 2020-xx Page 2 of 5 associated costs 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. 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 accessory dwelling unit and to provide power to the new residential units and for the enjoyment of future occupants. 3. 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 is an existing overhead feeder that currently provides electrical service to the subject site. Additionally, the temporary power is also being drawn from the same pole. Continuing to provide overhead service will alleviate the need to trench through two residential properties that the property owner does not control. Additionally, temporarily closing West Walnut Street to allow construction and trenching would create traffic and inconveniences to the surrounding residents and the general public. Approving this minor exception to allow the overhead electrical feeder will not have any negative impacts to the surrounding properties or the welfare of the general public and will be the most feasible option for the applicant, Southern California Edison (SCE) as the electric utility provider, 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. The project satisfies all of these General Plan goals and policies. Resolution No. 2020-xx Page 3 of 5 F. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act (CEQA). The recommendation is to exempt the project per Section 15303, new facilities. Class 3 exemption consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made to the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. The project consists of the construction of a new single-family residence. Categorical Exemption Environmental Review No. 2020-87 will be filed for this project. Section 2. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Act ions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Resolution No. 2020-xx Page 4 of 5 Section 3. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Minor Exception No. 2020-04 as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 1141 West Walnut 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 November 4, 2020, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 4th day of November, 2020. _______________________ Vince Fregoso, AICP Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Laura A. Rossini Acting Chief Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jocelyn Magalona, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on November 4, 2019. Date: ________________ ____________________________________ Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2020-xx Page 5 of 5 EXHIBIT A Conditions of Approval for Minor Exception No. 2020-04 Minor Exception 2020-04 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 prior 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 approvals contained in the following Planning Division applications for new single-family residences and associated accessory dwelling units: RES-2018-1891 and RES-2019- 277. 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. Upon completion of construction, all landscaping shall be installed, restored, and/or maintained as required by the approved landscape plans associated with application nos. RES-2018-1891 and RES-2019-277.