HomeMy WebLinkAbout2012-007 - Reduction in the Front Yard Setback for the Property Located at 1302 East Fourteenth StreetROH - OV23/12
RESOLUTION NO. 2012-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING GENERAL PLAN AMENDMENT
NO. 2011-03 FOR THE PROPERTIES LOCATED AT 1302,
1306 AND 1310 EAST FOURTEENTH STREET AND
APPROVING VARIANCE NO_ 2011-09 AS CONDITIONED
TO ALLOW A REDUCTION IN THE FRONT YARD
SETBACK FOR THE PROPERTY LOCATED AT 1302
EAST FOURTEENTH STREET
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:
A. Applicant is requesting General Plan Amendment No. 201 1-03 to amend the
General Plan to change the parcels located at 1302, 1306 and 1310 East
Fourteenth Street, from General Commercial (GC) to Low Density
Residential (LR7) to allow the construction of a new single-family residence.
A true and correct copy of the amendments to the General Plan is attached
herewith as Exhibit "B" and incorporated herein by this reference.
B. On January 23, 2012, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt a resolution
approving General Plan Amendment No_ 2011-03.
C. On March 5, 2012, the City Council of the City of Santa Ana held a duly
noticed public hearing and at that time considered all testimony, written
and oral, related to General Plan Amendment No. 201 1 -03.
D. The Council finds that General Plan Amendment No_ 2011-03 is consistent
with the General Plan, including, but not limited to, its policies and goals to
preserve existing residential neighborhoods from commercial intrusion and
to encourage the maintenance, preservation and upgrade of neighborhoods,
and provide additional affordable housing opportunities for the community.
In addition, the project will allow for consistency between the two existing
single family homes and the City's General Plan land use vision. The project
will also allow the applicant a viable use of his property at 1302 East
Fourteenth Street. Further, the project will preserve and improve the
character of the surrounding neighborhood and travel corridor aesthetics
through the development of the existing vacant site.
Resolution No. 2012-007
Page 1 of 5
E. The Council finds that the City's general plan is designed, as it must be, to
accommodate a wide range of competing interests - including those of
developers, neighborhoods and homeowners, prospective homebuyers,
environmentalists, current and prospective business owners, jobseekers,
taxpayers, and providers and recipients of all types of city-provided
services - and to present a clear and comprehensive set of principles to
guide development decisions- The City's general plan sets forth these
guiding principles. Once in place, it is the province of this Council to
examine the specifics of a proposed project to determine whether it would
be in harmony with the policies stated in the general plan-
F_ The City Council has weighed and balanced the general plan's policies,
both new and old, and has determined that based upon this balancing that
General Plan Amendment No. 2011-03 is consistent with the purpose of
the general plan.
G_ Applicant is requesting approval of Variance No. 2011-09 to allow a
reduction in the front yard setback for a new single family residence at
1302 East Fourteenth Street.
H. On January 23, 2012, the Planning Commission held a duly noticed public
hearing and voted to recommend that the City Council adopt a resolution
approving Variance No. 2011-09 as conditioned herewith in Exhibit "A"
and incorporated herein by this reference.
I. On March 5, 2012, the City Council of the City of Santa Ana held a duly
noticed public hearing and at that time considered all testimony, written
and oral, related to Variance No. 2011-09.
J_ Variance No. 2011-09 has been filed with the City of Santa Ana seeking to
reduce the required front yard setback for single family residences.
Section 41-603 of the Santa Ana Municipal Code requires that, ".-.where
forty (40) percent or more of the lots any block... are developed with
building, the required front yard for any new building or alteration to an
existing building shall be not less than the arithmetical average of the front
yard..-" The prevailing average front yard setback along East Fourteenth
Street is 29 feet. As proposed, the new single family residence will
provide a 24.4 foot setback along Fourteenth Street_
K. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a variance 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 provisions of this Chapter.
The project site has a special circumstance related to its
size, shape and location. The property is located at the
southeast corner of Fourteenth Street and Grand Avenue.
The lot size was reduced to 4,813 square feet as a result of
the Santa Ana Freeway (I-5) Widening Project. The
proposed one-story, single-family residence is well designed
and complies with the development standards set forth in
Chapter 41 of the Santa Ana Municipal Code including side
and rear setbacks, parking and landscaping.
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 necessary for the
preservation and enjoyment of substantial property rights-
Allowing the building to be constructed with a reduced front
yard setback will allow the owner the ability to develop the
property with awell-designed single-family residence that is
consistent with the Single-Family Residence (R1) zoning
district- Shifting the structure to comply with the 29 foot
prevailing front setback standard would reduce the feasibility
and livability of the proposed residence, which impacts the
property rights of the owner.
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 not be materially detrimental
to the public or surrounding properties as the building and
site have been designed to comply with all applicable
development standards except for the front yard setback.
The brick veneer base and entry of the house chimney and
stucco materials, as well as the wood window trim and wood
siding accents at the eaves, are proposed to enrich the
elevation and be compatible with the existing architectural
style in the adjacent neighborhood-
4. That the granting of a variance will not adversely affect the General
Plan of the City.
Finally, the project will not adversely affect the general plan
as the new single family house is a permitted use in the
proposed Low Density Residential land use designation. In
addition, the project is consistent with several goals and
policies of the General Plan_ Specifically, the Land Use
Element Policy 2.10 supports new development with is
harmonious in scale and character with the existing
Resolution No. 20'12-007
Page3of5
development, and Policy 3.5 encourages new development
that is compatible in scale, and consistent with the
architectural style and character of the neighborhood.
Housing Element Goal 2 seek to provide a diversity of
quality housing, affordability levels, and living experiences
that accommodate Santa Ana's residents and workforce of
all household types, income levels, and age groups to foster
an inclusive community.
L. In accordance with the California Environmental Quality Act, the proposed
project is exempt from further review pursuant to Section 15303, Class 3
for a project that includes new construction of up to three single family
residences in an urban area. Categorical Exemption Environmental
Review No. 2008-34 will be filed for this project.
Section 2. The City Council hereby approves General Plan Amendment No_
2011-03 and Variance No. 2011-09. This decision is based upon the evidence submitted
at the above said hearing, which includes, but is not limited to: the Request for Council
Action dated March 5, 2012, and exhibits attached thereto, and the public testimony
written and oral, all of which are incorporated herein by this reference.
rMliguell A. rulido
ADOPTED this 5th day of March 2012.
yr
APPROVED AS TO FORM:
Joseph A. Straka
Interim City Attorney
1 ? A, r
Ryan _ Ho ge
Assistipht Cit yAttorney
YES: Councilmembers: Benavides Bustamante, Martinez Pulido
Sarmiento (5)
NOES: Councilmembers: None (O)
ABSTAIN: Councilmembers: None (O)
NOT PRESENT: Councilmembers: Alvarez, Tinajero (2)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2011-007 to be the original resolution adopted by the City Council of the
City of Santa Ana on March 5, 20'12.
Date: ?
Clerk of?the Council
City of Santa Ana
Resolution No- 2092-007
Page5of5
Conditions for Approval for Variance No. 2011-09
Should the City Council approve Variance No. 2011-09, the approval is 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 variance.
The applicant must remain in compliance with all conditions listed below throughout the life
of the variance. Failure to comply with each and every condition may result in the
revocation of the variance.
A. Planning Division
All proposed improvements must conform to the Site Plan Review approval
of DP No. 2008-06 and the staff report exhibits.
2. Any amendment to this variance must be submitted to the Planning Division
for review. At that time, staff will determine if administrative relief is
available or the variance must be amended-
3. Landscaping, once installed, shall be maintained per the approved
landscape plan- After project occupancy, landscaping is to be maintained
to include the minimum level of plant materials installed at the time of
occupancy and per the approved plan.
EXHIBIT A
City of Santa Asia General Plan
Land Use Element
1998
City of Santa Ana
Planning Division
Adopted
February 2, 1 998
(Reformatted January 201 O)
The folloaving is a ch ronolob7• o[ the approve) general plan amcndmentx that have been incorporated intu this document since the
comprehensive update nl the Genera! Plan Land lac Llemou adopted by the Santa Ana City Council February 2, 1198 (G I'A 1997-OS):
GPA 2011-03 (/larch 5, 2012)
GPA 2011-02 (June 6, 2011)
GPA
0 GPA 2007-01 Q.iarch 19. 2007)
GPA 2006-01 (October 2, 2004) GPA 2003-02 (June 16. 2003)
GPA 2003-01 (February 18, 2003) GPA 2000-03 (Gecem Der 4, 2000)
GPA 2000-02 (f?ovemDer 20
2000)
2
10-Ot (June 7, 2010)
GPA 2008-02 (Ju(y 20, 2009)
GP GPA 2005-01 (Oecembor 5. 2005)
GPA 2005-02 (October 17, 2005) GPA 2002-01 (September 3, 2002)
GPA 2002-03 (August /9, 2002) ,
GPA 1999-02 (October 18, 1999)
GPA 1999-Ot (August 16
1999)
A 200]-03 (f.1ay 18, 2009)
GPA 200-0-03 (February 2, 2009) GPA 200-0-01 (Apni 5. 2005, as passee by
the vo`ers of Santa Ana) GPA 2001-03 (February 19. 2002)
GPA 2001-02 (January 7
2002) .
GPA 1998-OS (October 5, 1998)
GPA 1996
O
GPA 2008-Ot (1.1ay 5. 2008)
GPA 2007-02 (June /8
2007)
GPA 2004-00 (JUty 19. 2004)
GPA 2004
06
J
t
6
2 ,
GPA 2000-09 (play 7, 2001) -
S (S ep[ember 21. 1998)
GPA 7998-07 (flay 4, 1993)
, -
(
U
y
,
003) GPA 2000-08 (February 5. 2001)
EXHIBIT B
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LAND USE ELEMENT
guiclnncc I<?r the purpose of ensuring navigable airspace is not intpac[ed by
(inure devclopntent in the (:it ??.
REDEVELOPMENT PLANS
An estimated 5,185 acres (8.1 square miles) of land in Santa Ana is currently
included in one Merged Project Arca. Prior to August 2004, this Yrojcct Arr.( was
divided into six separate redevelopnent projec[ areas as described below. C>fthis
[oral, 9 percent (464 acres) is in residential use, 32 percent (1,678 acres)
commercial, 40 percent (2,075 acres) industrial, with other uses accounting For the
rc maiuing 19 percent (968 acres). 'I'hc following six redevelopment plans have
been adopted:
Santa Ana Redevelopment Plan. "I"his plan which encompasses G94 acres,
was adopted in 1973 to revitalize the downtown area, improve tra(7ic
circulation, reestablish businesses, and stimulate private invesuncnt;
North Harbor Boulevard Redevelopment Plan. Adopted in 1982, the flan
covers 47U acres along Harbor Bomlevard. "hhe Plan for this area was adopted
to define future development, and crca[c design standards fi>r new
development in the area.
Inter-City Commuter Station Redevelopment Plan. 'I'bis plan, also adopted
in 1982, focuses on approximately 525 acres designed to provide for the
devek.?pment ofa commuter rail station ?nd to pronurte supporting uses.
South Main Street Redevelopment Plan. Adopted in 1982, nc? plan applies to
1,500 acres in one of the primary couuucreial and industrial districts ofthc
City;
South Harbor Boulevard/Fairview Street Redevelopment Plan. Acloptcd in
I98Z, this 1,085 acre plan covers a key industrial area in the vicinity <?FHarbor
Boulevard and I?airvicw Street, and
Bristol Corridor Redevelopment Plan. Adopted in 1989, the plan promotes
the redevelopment ofa 781 acres area along the Bristol Street corridor oflhc
City.
"l?hc location of the rcdcvcloprnent project areas arc shown in I?xhibit A-1.
A-4 CITY OF SANTA ANA GENERAL PLAN
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LAND USE ELEMENT
Residential
"1'hc Land Usc: Plan provides for three distinct residential land use designations.
1esidential development is also pernutted in ttivo other designations: District
(:enter and Urhau Neighborhood. The Santa 11uu Land Usc Plan includes the
following residential land use designations
"I?he Low Density Residential (LR-7) designation applies to those areas of
the City which arc developed with lower density residential land uses. "I'hc
allowable nutximum dcvclopmcut intensity is 7 units per acre. Dcvclopntent
in [his category is charatterizcd pnnwrily by single-family pontes. "Phis
designation applies to a large proportion of the City (6,466.0 acres)
representing 47 percent of the <;ity"s total land area.
"I'hc Low-Medium Density Residential (LMR-11) designation appltcs to
those sections of the City which ;.u-c developed with residential uses at
permitted densities of up l0 1 1 units per acrd 'I'hc land area included in this
designation is approxiutately gi3J acres. "hhe great majcn-ity of the land
designated as Low-Medium Density Residential is located in the. westerly
portion of the City, north and south of First Su-cct. Propcnics with this
designation arc. typically characterized by mobile frame pads, a mixrurr of
duplexes ;.uul single family residences, or small lo[ subdivisions.
The Medium Density Residential (MR-15) designation applies to those
sections of the City which arc developed with residential uses at densities of
up to I S units per acre. Ucvclopuunt in this designation is characterized by
duplexes, apartments, or a combination o[ both. A total of 3H5.3 acres is
designaa•d us Medium Density Residential. "I'he. designation applies to areas
located in the vicinity of downtown, areas north and south of AlacArthur
Poulcva al, and in other areas where there arc established multiple-fancily
developnu?nt projects.
CITY OF SANTA ANA GENERAL PLAN A-19
LAND USE ELEMENT
"1•he General Commercial <GC? disn-ict applies u, conunercial corridors in
Santa -Ana including those Ioctted along Main Street, Seventeenth Street,
I Iarbor T3oulevard, and other major arterial roadways in the Ci[y_ "I?hc
intensity srtndard applicable to this designation is a floor area ratio 0((1.5 -].U,
though most General Contntc rcial districts have a Fl1R of (1S. A total of
I,(17I-(i acres of land is included in this designarion-
General Conuncrcial districts arc hey components in the economic
dcvelopntent of the (:ity. "I"hey provide highly visible and accessible
contnurcial dcvclctpnunt along the City's ancrial tru>,_sportation corridors- In
addition, Gencrtl (:ommcrcial land uses provide intportaun neighborhood
facilities and services, including shopping, recreation, cultural and
ente rrtinmcut activities, cnt ploynunt, and cd ucation. "I'he districts also
p rovidc su ppcn-t facilities and services for indusu-ial areas including office and
retail, restaurants :.uul various other se rviccs.
"I?hc Gcucrtl Comntcrcial dcvclopntcnt standards arc based upon the
c haracter and intensity o[ development, as well as the degree of access and
ntarkct dctnand fir these properties. "I'hc relationships to adjacent land uses,
arc also considered. Uses typically located in this district arc
7insiness and professional offices,
Retail and service establishments;
Kecreational, cultural, and entertainment uses; and
Vocational schcuils.
Gcnertl <:onunercial Districts have a floorarea ratioofO-? ?.rith the exception
of-tlte Mi<l-town area which has an (door arc•u ratio o(?ttp to 1-(1_
One Broadway Plain District Center is a se•patate Innd use designation as it
has an F?n.12. of Z.S), whtch exceeds the typual Dtstnu Centel intcnsuy limit- ' [
t
lAdcbtionally, n does not include a tcstdential component (one liroad way >:,
Plain i. envtstoncd as a landntatlc ptofcssutnal office contplcx chat will be a I? qq
I lt,?.?? 11?j+.
fiscal point in the Uowntou?n 12edevclopment area serving Che Civtc (:enter ?i ?%t.---A- '??
complex, Downtown, and Midtown urban areas. "['he City's District Centers t
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and major development areas arc shown in Exhibit n-5. ? a1??11'e?-..m?_`
CITY OF SANTA ANA GENERAL PLAN
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LAND USE ELEMENT
Table A-4
Land Use Plan Build-out Capacities
/ntensity/ Effective Buifdout' Theo?etica/
Land Use
.: Ades Densi Bui/dout
LOw Density Residential LR-7 6,466.0 7 du/ac 45,262 du
Low Medium Density Residential LMR-11 433.7 11 du/ac 4,771 du
Medium Density Residential MR-15 385.3 15 du/ac 5,779 du
Subtotal 7,284.8 89,448 du' 55,812 du
District Center
Downtown -_..
DC - -
62.5 FAR 3.0 --
2,057,824 sf
1,661 du
2,057,824 sf
1,661 du
Metro East DC 98.3 FAR 3.0 3,245,185 sf 5,551 du 3,245,185 sfI 5_551 du
Transit Village DC 51.4 FAR 5.0 402,864 si 2,761 du 402,864 sf 2,761 du
Other' DC 301.2 90 du /ac 808
950 sl
11 2
710 du 23
617,901 sf 2,710 du
FAR 1.0-20 ,
, , ,
Urban Neighborhood UN 148.1 FAR 0.5-t5 724,249 sf 2,177 du 724,249 s 2,177 du
Subtotal 658.4 18,239,072 sf 14,960 du 30,048,0231 s 14,860 du
Professional & Admin. Office PAO 633.0 FAR 0.5-1.0 13,787,219 sf 27.574,438 sf
General COrrL Tie rCl al GC 1,071.6 FAR 0.5-1.0 23,338,795 sf 46,('i77,589 sf
One Broadway Plaza District Ctr' OOPDC 4.3 FAR 2.9 543,193 sf 543,193 sf
Subtotal 1,709.9 37,669,207 st 74,795,221 sf
IndUStrial IND 2,188.2 FAR 0.45 42,892,704 sf 42,892,704 sf
Y
Ir15tltU tlOn air' INS 796.3 FAR 0.2-0.5 6,937,75fl sf ? 17.344.394 sf
Open Space OS 1,017.8 FAR 0.2 I 8,867,509 sf I 8.967,509 s(
Subtotal 1,8142 ( 15,805,267 sf ?'. 26,211,903 sf
hAR=floor area ratio; d.u.=dwelling unit; s.1.=square feet (m floor area). Acreage shown ut table does not include roans in right-of-way.
t Effective capacity far non-residential development assumes development possible under the lower range of FAR intensity standards with the exception of the
Metro East District Center, Transit Village DisLict Center, Downtown District Center. and Urban Neighborhood areas-the Metlo East District Center, Transit Village
District Center, Downtown District Center. and Urban Neighbolhond areas allow a range of intensity for mixture of residential antl non-residential development based
on the zoning development standards. Residential effective capacity was calculated by adding the14,860 units possible in the Distract Center and Urban
Neighborhood with the existing 74,588 (Census 2000) housing units.
' Land use designation permits bout residential and non-residential development Build-out assumes 90% of land area will be developed as commercial and 10%
will be developed as residential.
Land use designation permits high intensity ofhce development with ancillary retail use.
This table has been revised to correspond with the G/S Land L/se Map illusbafed in fxhibif 2.
CITY OF SANTA ANA GENERAL PLAN A-35