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HomeMy WebLinkAbout2003-079 - Denying Variance No. 2002-04 for the Property Located at 1302 East Fourteenth StreetRESOLUTION NO. 2003-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING THE REQUEST TO AMEND THE GENERAL PLAN, DENYING THE REQUEST TO AMEND THE LAND USE DESIGNATION, AND DENYING VARIANCE NO. 2002-04 FOR THE PROPERTY LOCATED AT 1302 EAST FOURTEENTH STREET Koo-9/26/03 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: General Plan Amendment No. 2002-02 has been filed with the City of Santa Ana to amend the General Plan from General Commercial (GC) to Low Density Residential (LR7) for the property located at 1302 East Fourteenth Street. Applicant has also filed Amendment Application No. 2002-01 to change the zoning from Arterial Commercial (C5) to Single Family Residential (R1). Additionally, applicant filed Variance No. 2002- 04 for a reduction in lot size. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on September 8, 2003, on General Plan Amendment No. 2002-02, Amendment Application No. 2002-01, and Variance No. 2002-04 and determined by an unanimous vote of 7:0 to recommend that the City Council adopt a resolution denying General Plan Amendment No. 2002- 02, Amendment Application No. 2003-07 and Variance No. 2002-04. On October 6, 2003 the City Council of the City of Santa Aha held a duly noticed public hearing on General Plan Amendment No. 2002-02, Amendment Application No. 2002-01, and Variance No. 2002-04. The City Council of the City of Santa Aha, after conducting the public hearing, herby denies General Plan Amendment No. 2002-02, Amendment Application No. 2002-01, and Variance No. 2002-04. This decision is based upon the evidence submitted at the abovesaid hearing, and all other information provided to the City Council which includes but not is not limited to: the Request for Council Action dated October 6, 2003 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. 1. This property is located off Grand Avenue, which is an arterial and thus the Arterial Commercial (C5) is more desirable to the City of Santa Ana at this location than Single-Family Residential (R1). Resolution No. 2003-079 Page I of 4 2. Changing the zoning at this property is inconsistent with the General Plan's land use designation, which is General Commercial (GC). 3. A single-family residence is incompatible on this property due to the location of the property, which is located off an arterial and in close proximity to the freeway onramp. Applicant filed Variance No. 2002-04 for a reduction in lot size. The City Council determines that the following findings, which pursuant to Santa Ana Municipal Code Section 41-638, must be established in order to grant a Variance, have not 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 subject site is located on the southeast corner of Fourteenth Street and Grand Avenue. The property is situated in a neighborhood that is developed with single- family residences o n minimum 6,000 square foot lots. T he 6,000 square foot minimum lot size for single family homes is a standard that the City is cautious of waiving, because of the limited public open space (e.g., parks) in the City. For this property, located on a busy arterial adjacent to a freeway ramp, the minimum 6,000 square foot lot size is even more important than normal, given that residential use is a sensitive receptor to traffic, noise and pollution impacts associated with this busy location. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is not necessary for the preservation and enjoyment of property rights. The property is situated in a neighborhood that is developed with single- family residences on minimum 6,000 square foot lots. To develop the property with a single-family residence is not consistent with the minimum lot size required in the Single- Family Residence (R1) zoning district. The property can and should, be developed with a commercial use. Additionally, the City would also consider a residential proposal with a smaller structure, thus permitting more on-site open space for the occupants to enjoy, and which would also act as an additional buffer to the injurious impacts associated with the location as referenced above. Resolution No. 2003-079 Page 2 of 4 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will be materially detrimental to the public welfare or injurious to the surrounding property. The property is situated in a neighborhood that is developed with single-family residences on minimum 6,000 square foot lots. The proposed project will not be in scale and character with existing development in the area. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the General Plan of the City. Policy 1.3 of the Land Use Element identifies support of development of single-family residential lots on a minimum area of at least 6,000 square feet of area. The subject property contains only 4,800 square foot of area, which is in conflict of that policy. Section 2. The City Council hereby, denies General Plan Amendment No/ 2002-02, from General Commercial (GC) to Low Density Residential (LR7) for the property located at 1302 East Fourteenth Street, denies Amendment Application No. 2002-01 to change the zoning from Arterial Commercial (C5) to Single Family Residential (R1) and denies Variance No. 2002-04 for a reduction in lot size. ADOPTED this 6th day of October, 2003 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee~. Otto DepuF/City Attorney Resolution No. 2003-079 Page 3 of 4 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7) None (0) None (0) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, CLerk of the Council, do hereby attest to and certify the attached Resolution No. 2003-079 to be the original resolution adopted by the City Councii of the City of Santa Ana on October 6, 2003. the .---~erk of Council City of Santa Ana Resolution No. 2003-079 Page 4 of 4