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HomeMy WebLinkAbout31A - VARIANCE - 1919 N SPURGEON STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2013 TITLE: VARIANCE NOS. 2013-02,2013-03 AND 2013-04 TO PERMIT A NEW SINGLE-FAMILY RESIDENCE ON A 2,457 SQUARE FOOT LOT AND ALLOW FOR A REDUCTION IN THE REQUIRED OFF-STREET PARKING AND SETBACKS AT 1919 NORTH SPURGEON STREET - BLANCA ERNANDEZ, APPLICANT I NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1 st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2013-02 as conditioned, Variance No. 2013-03 as conditioned and Variance No. 2013-04 as conditioned. PLANNING COMMISSION ACTION On June 10, 2013, the Planning Commission adopted a resolution approving Variance No. 2013- 02 as conditioned to allow a reduction in the minimum lot size, Variance No. 2013-03 as conditioned to allow a reduction in parking, and Variance No. 2013-04 as conditioned to allow a reduction in front, side and rear yard setbacks by a vote of 7:0 in order to construct a new single- family residence at 1919 North Spurgeon Street located in the Two-Family Residential (R2) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. M. Trevino Executive Director Planning & Building Agency MF:rb sAp1anning\matt\reports\1919 N. Spurgeon_va13-2va13-3va134.cc Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 10, 2013 TITLE: PUBLIC HEARING - VARIANCE NOS. 2013-02, 2013-03 AND 2013-04 TO PERMIT A NEW SINGLE- FAMILY RESIDENCE ON A 2,457 SQUARE FOOT LOT AND ALLOW FOR A REDUCTION IN THE REQUIRED OFF-STREET PARKING AND SETBACKS AT 1919 NORTH SPURGEON STREET Prepared by Matt Foulkes ?._ ,k___ Executive Director RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ? As Recommended C_1 As Amended Set Public Hearing For DENIED ? Applicant's Request C] Staff Recommendation CONTINUED TO Planning Manyger 1. Adopt a resolution approving Variance No. 20013-02 to allow a reduction in the minimum lot size as conditioned. 2. Adopt a resolution approving Variance No. 2013-03 to allow a reduction in parking as conditioned. 3. Adopt a resolution approving Variance No. 2013 -04 to allow a reduction in front, side and rear yard setbacks as conditioned. DISCUSSION Request of Applicant Blanca Hernandez is requesting approval of three variances in order to construct a new 1,185 square foot single-family residence with a 217 square foot attached one-car garage on a 2,457 square foot parcel at 1919 North Spurgeon Street. The request includes variances for a reduction in the minimum lot size in the Two-Family Residential (R2) zoning district, a reduction in required off-street parking, and a reduction in front, side and rear yard setbacks. Project Location and Site Description The project site is located within the Santa Ana Triangle neighborhood. The property is located on the east side of Spurgeon Street just south of the intersection of Twentieth Street and Spurgeon Street (Exhibit 1). The irregularly shaped 2,457 square foot lot is currently vacant. The property is surrounded by a single-family residence to the south, multi-family residential to the west, the Santa Ana (1-5) Freeway to the east and Caltrans drainage easement to the north (Exhibit 2). EXHIBIT A 31A-3 Variance Nos. 2013-02, 2013-03 & 2013-04 June 10, 2013 Page 2 Proiect Description The project involves the construction of a 1,185 square foot, two-story, two-bedroom, one and a half bathroom single-family residence. The first floor consists primarily of an attached one-car garage, living room, dining room, kitchen and half-bath, while the second floor consists of two bedrooms, one bathroom and an open loft area. The craftsman styled home is in keeping with the purpose and intent of the Citywide Design Guidelines as well as the architectural style of the surrounding neighborhood. Second story step backs on the front and side elevations reduce the massing on the second floor and provide architectural interest. The project will incorporate the use of multiple materials including stone along the home's foundation, clapboard wood siding and stucco as material accents. Wood window trim and sills will be utilized on all windows (Exhibits 3 and 4). Landscaping will also be provided in accordance with the residential landscape standards. This will include four 24-inch box Black Gum trees, creeping fig vines along the perimeter walls and a variety of shrubs and groundcover as shown in the submitted landscape plan (Exhibit 5). Proiect Background The subject property was significantly impacted as a result of the 1-5 Freeway widening in 1995. Prior to the widening the subject property was over 6,000 square feet in size and developed with a single- family residence. Following the widening, Caltrans was authorized to sell the remnant parcels created by the widening at which time the City prepared a Remnant Parcel Reuse Plan. Included in this plan was an analysis of each of the affected properties along with recommendations for reuse which would be complementary to existing development and compatible with land uses in the immediate vicinity. Analysis of the subject property concluded that it should continue to be used for residential purposes or consolidated with the property to the south (Exhibit 6). General Plan and Zoning Analysis The General Plan land use designation for the site is Medium Density Residential (MR-15). Medium Density Residential Districts are characterized by a mixture of single-family residences and higher density multi-family housing. The proposed single-family residence is consistent with this General Plan land use designation. The subject property is zoned Two-Family Residential (R2). This designation allows for one or two- family dwellings and accessory buildings. This project is consistent with the zoning for the property. Proiect Analysis The applicant is proposing to obtain several variances from the development standards established in the Santa Ana Municipal Code (SAMC), specifically, Section 41-247.6 which establishes a minimum lot size, Section 41-1320(x)(1) which specifies the amount of off-street parking required for single- family residences and Sections 41-249, 41-250 and 41-251 which establish the minimum building 31A-4 Variance Nos. 2013-02, 2013-03 & 2013-04 June 10, 2013 Page 3 setbacks for the front, side and rear yards for single-family residences. Variance requests are governed by Section 41-638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. Variance No. 2013-02 - Minimum Lot Size SAMC Section 41-247.6 states that lots containing one dwelling unit have an area of at least 6,000 square feet. While the subject property was once over this minimum lot size, as result of the 1-5 Freeway widening, it has been reduced to 2,457 square feet. Following the freeway widening, the Planning Division evaluated each remnant parcel created by the widening and made recommendations regarding each site's future development. The subject property was recommended to be either developed as a single-family residence or consolidated with the adjacent property to the south. The lot consolidation option was declined by the adjacent property owner and the lot has remained vacant since 1995. Staff recommends approval of the variance from the minimum lot size based on the following facts and findings. The project site has special circumstances related to its size, shape and surroundings. After the I- 5 Freeway widening the property was reduced from over 6,000 square feet to 2,457 square feet. The lot is further constrained by a Caltrans drainage easement which extends along the northern property line and extends 12-feet into the subject property. The result is a jagged property line that creates an irregularly shaped parcel that cannot be developed in compliance with the applicable development standards. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Without the approval of the requested variance the property would not be developed and would remain vacant as it has since the freeway widening. The property is zoned for residential use and has been identified by the Planning Division as viable for either residential development or consolidation with the adjacent property. The applicant purchased the property in 2007 with the intent to build a modest single-family residence. 31A-5 Variance Nos. 2013-02, 2013-03 & 2013-04 June 10, 2013 Page 4 The granting of the variance will not be detrimental to the public or surrounding properties. The subject property is adjacent to the 1-5 Freeway to the east and a Caltrans drainage easement to the north. The project has been designed to maintain the required five-foot setback along the southern property line to limit any impacts to the adjacent single-family residence. The project has also been designed to be below the maximum height limit in this zoning district and has provided second story step backs to further reduce any impacts to the adjacent property. Finally, the project will not adversely affect the General Plan. The construction of a single-family residence at this location is consistent with the MR-15 General Plan land use designation and supports Policies 2.10 and 3.5 of the Land Use Element by proposing a single-family residence that is compatible in scale, and consistent with the architectural style and character of the neighborhood. The proposed residence is appropriately sized and has been designed to complement the Craftsman-style architecture of the other single-family homes in the neighborhood. Variance Nos. 2013-03 and 2013-04 - Off-street Parking and Building Setbacks The applicant is proposing to provide a one-car garage and 15-feet of driveway parking. Section 41- 1320 of the SAMC requires a two-car garage with two parking spaces to be parked in tandem in a 20-foot driveway for single-family residences. The applicant is also proposing to encroach into the required front, side and rear yard setbacks. SAMC Sections 41-249 states that the front yard setback shall be not less than 20-feet, Section 41-250 states that side yard setbacks shall be not less than five-feet and Section 41-251 states that rear yard setbacks shall be not less than 15-feet in the Two-Family Residential (R-2) zone. Staff recommends approval of the variances for a reduction in required off-street parking and reductions in required building setbacks based on the following facts and findings: The project site has special circumstances related to its size, shape and surroundings. The reduced lot size, irregular shape and Caltrans drainage easement along the northern property line significantly limit the projects developable area. An analysis of development options during the Site Plan Review phase concluded that a project meeting all the development standards in the R- 2 zone would be so small as to make the home impractical. Primary amongst these was the requirement to provide a two-car garage, which would have reduced the livable area on the first floor to less than 100 square feet. The granting of these variances is necessary for the preservation and enjoyment of substantial property rights. Without the approval of the requested variances the developable area of the property would be so restricted as to become infeasible for development and would remain vacant. The proposed project maximizes the developable area while minimizing any impacts to the adjacent single-family residence to the south. This was accomplished by maintaining the standard side yard setback on the southern property line and limiting lot coverage to 35 percent. 31A-6 Variance Nos. 2013-02, 2013-03 & 2013-04 June 10, 2013 Page 5 The granting of these variances will not be detrimental to the public or surrounding properties. The project has been designed to meet the applicable development standards on the side adjacent to the existing single-family residence. Along this property line the project has maintained the required five-foot side yard setback as well as stepped back the second story an additional four feet to reduce the visual impact and massing of the second floor. Additionally, the driveway and garage are positioned nearest the northern property line and the front door is set back an additional six feet to maintain the required 20-foot front yard setback on the portion of the home nearest the neighbor to the south. While the drainage easement along the northern property line prevents building in this area, it is usable as open space which will offset the limited space in the rear yard. Given these property restrictions, the proposed residence is appropriately sized in total square footage, number of bedrooms provided and the amount of proposed off-street parking. Lastly, the granting of these variances will not adversely affect the General Plan. The project has been designed to be architecturally integrated with other single-family homes in the area which is consistent with Policies 2.10 and 3.5 of the Land Use Element which supports new development which is harmonious in scale and character with existing development in the area. The development of a single-family residence on this previously vacant parcel also supports Policy 1.3 of the Housing Element which promotes a complementary mix of land uses that improves the character and stability of neighborhoods. Public Notification The project site is located within the boundaries of the Santa Ana Triangle Neighborhood Association. The president of this Association was notified by mail 10 days prior to this public hearing. In addition, the District representative from the City's Neighborhood Improvement program contacted the president to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association president, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all adjacent property owners of the project site. At the time of this printing, staff has received no inquiries on this project from members of the public. CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2012-54 will be filed for this project. 31A-7 Variance Nos. 2013-02, 2013-03 & 2013-04 June 10, 2013 Page 6 Conclusion Due to the size and shape of the lot, as well as the existing drainage easement, the applicant's inability to comply with the required minimum lot size, off-street parking, and front, side and rear setback requirements creates a unique hardship on the property. Based on the analysis provided within this report, staff recommends approval of Variance Nos. 2013-02, 2013-03 and 2013-04 as conditioned. - )ew7o Matt Foulkes, LE AP Management Aide Vince Fregoso, AI Principal Planne MF:jm s:VIannin9VnattVeporis11919 N. Spu(9eon_va13-2va13.3va13-4.pc Attachments: Exhibit 1 - Vicinity Map Exhibit 2 - Land Use Map Exhibit 3 - Site Plan/Floor Plan Exhibit 4 - Elevations Exhibit 5 - Landscape Plan Exhibit 6 - Remnant Parcel Re-use Plan 31A-8 0 FAIRHAVEN AVE. wi` v+n 0 W -9 R1- R4 R4 O n o 7200 1 Rl I CS RI ,w.?-.a-• ,1 vs,o a,.a Al R RI A+ 1 ?'? l 7 ••,Al• 3. e ` Q F RI +.a - RI = cs - - Rl RI P RI + R1 Rt Rl i R1 CS - R1 R1 R1 F All R1 RlV IRt k, R1 R1' 1 R1 R1 ' RI RI ' R1 3 ate' 3 %AI-7200 R1 ttt a. } Rt [ P2 ' R2 aR2 a i R1 RI F H.? RI i ., ,I ' O`x R2 + Rt. RI { RI t CS Rl R2 f-na- `T r w Y °'? R1 R1 Za i Rt a2 Rl ? RI 9 i Rl R1 Z ct a .o RI - 4 a 9 R1 R1 S R2 RI R1 - 7A : s R1P RI I R1 C1- ? ,1 R1 ? ? „ 0 PRQJER ITE R2 , R2 a RI Al RI Rl$ Rj tia c4 J b' 3 I C4 I 1 Cron C,-.a 3 so-73 Ci ?` CS a,F a iH „-s,Trir-rr-?rr nn r? nrr?--=i SEVENTEENTH ST. Al GENU tL/Ki1CUL11Ab1Lt CR OCMM6t7ALF1sceMAt Rt SINCtEFAMILYFERDIRAIAL -B FAMWGM00RCA7M GC (OVIRNAENTCEM w TIAO FAMILY FESICENCE C:-9A CC&WfflQAL MMAIN M1 UGI-ftIND STRAL R3 MULT11PLEDelSlYMULTIFLE ci CCMMUNTIYCCFJJyff" M2 Fff WINDUSSRAL FAMILYFE91)BJCE Cl-MD g0AIM.0DV?6(5UA11MVffiWDISTRCf MO MILFAWaIEP1TIM M SLIBUFOANAAIRFMUM a GDAP1LCOMMBU& 0 p'HqgAm FE FESDaMALE5lATE C3 CEMTRILMKE% P R70FlES8CNLAL m smncoeALop w Q3A CUCR LRAISMAKWMIlA(E FM RANNE1)=vv 47YoeAioRUfiMF Sa 3SIFICFIAN CA kWNW9-CFRNGCRMI82 PM RANNBJFEBDBVT 013A]LOFM80 C5 ARr6VLQUWff 7AL VAR 2013-02, VAR 2013-03, VAR 2013-04 A HERNANDEZ SFR ew r? 1919 NORTH SPURGEON STREET - - =5W FEET 1' = 1000 FEET P L A N N I N G A N D B U I L _ 0 1 N G A G E N C Y EXHIBIT 1 VICINITY MAP 31A-9 vii I-rr%ivii1 RESIDENCE W W N z S.F.R. 20TH M.F.R. LL: S F. R. STREET F- T y w J w LU cc V 4A z w u- O M.F.R. z 0 D oc Lu S.F.R. S.F.R. S f 2 9 2 y S. F. R. ul M.FJR. I VAC. J - ui ¢ z u. W w J ? l7 w N SI ryJ ES DEC`E JY V C. - w u ¢ z w ? J ? 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I 3 ° laa , Iy? tilt h Gy 2 } S.? y yyp?t ; =E 1A I PAP "? ??? PAP ` f,,••• i Q CIO,- $i k 16! C, R ' D. o. =)i y :. C. 'G I• wjl 1477 I-5 REMNANT PARCELS Parcel 1 Address: 1919 N. Spurgeon Street Assessor Parcel CalTrans No.: 100305-01-01 No.: 003-153-01 LAND USE RECOMMENDATION: Continue single family residential. REQUIRED DISCRETIONARY ACTIONS: None Other Action(s): Consolidate the following parcels into one buildable and conforming parcel: Parcel 1 with 1915 N. Spurgeon Street. Existing Conditions (Parcel 1): Zoning: R-3 General Plan Designation: MR-15 Redevelopment Area: NA Prior Use: SFR Lot Size: 2,500 s.f. Parcel Constraints: a) Lot size b) Easement 20th 42.26 ON Storm CO Drain - - - Easement N co 100305 '?, 70 67.78 C CD 0 1915 N. S urgeon St. EXHIBIT 6 31A-14 ROH - 06/10/13 RESOLUTION NO. 2013-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NOS. 2013-02, 2013-03, AND 2013-04 AS CONDITIONED TO ALLOW FOR A REDUCTION IN THE REQUIRED OFF- STREET PARKING AND SETBACKS FOR THE PROPERTY LOCATED AT 1919 NORTH SPURGEON STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of: Variance No. 2013-02 to allow a reduction in the minimum lot size; Variance No. 2013-03 to allow a reduction in parking; and, Variance No. 2013-04 to allow a reduction in front, side, and rear yard setbacks for a new single-family residence on a 2,457 square foot lot at 1919 North Spurgeon Street. B. Variance Nos. 2013-02, 2013-03, and 2013-04 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on June 10, 2013, to consider all testimony, written and oral. C. Variance No. 2013-02 has been filed with the City of Santa Ana seeking to allow a reduction in the minimum lot size for a single-family residence. 1. Section 41-247.6 of the Santa Ana Municipal Code requires a lot containing one dwelling unit to have an area of at least 6,000 square feet. 2. While the subject property was once over this minimum lot size, as a result of the 1-5 Freeway widening, it has been reduced to 2,457 square feet. 3. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings: 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 Resolution No. 2013-09 Page 1 of 10 31 A-15 otherwise at variance with the intent and purpose of provisions of this Chapter. Special circumstances exist in that this lot is a legally created remnant parcel resulting from the widening of the 1-5 Freeway. Prior to the 1-5 widening, this lot was over 6,000 square feet. As a result of the 1-5 widening, this parcel was substantially reduced in area, but has retained its R-2 zoning and MR-15 General Plan land use designation. The property is unable to increase its square footage as it is bounded by the 1-5 Freeway to the east, a Caltrans drainage easement to the north and an existing single-family residence to the south. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance would allow the property owner the opportunity to develop this site with a high quality single-family residence. Not allowing this variance would likely result in the property remaining vacant as it is below the minimum square footage for development in the R-2 zone. That the granting detrimental to the property. of a variance will not be materially public welfare or injurious to surrounding The proposed single-family dwelling will have no detrimental impacts on the surrounding properties or neighborhood. The lot is being developed with an appropriately sized and scaled single-family residence that will harmoniously blend with the residential character of the neighborhood. Minimum building setback requirements were maintained on the southern side of the property adjacent to the existing single- family residence. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of this variance will not adversely affect the General Plan. The construction of a single-family residence at this location is consistent with the Medium Density Residential (MR-15) General Plan land use designation and supports Policy 3.5 of the Land Use Resolution No. 2013-09 Page 2 of 10 31 A-16 Element by proposing a single-family residence that is compatible in scale, and consistent with the architectural style and character of the neighborhood. The proposed residence is appropriately sized both in overall square footage and the ratio of bedroom space to public space and has been designed to complement the craftsman style architecture of the other single- family homes in the neighborhood. D. Variance No. 2013-03 has been filed with the City of Santa Ana seeking to allow a reduction in required off-street parking. Section 41-1320 of the Santa Ana Municipal Code requires a two-car garage with two parking spaces to be parked in tandem in a 20-foot driveway for single-family residences. 2. The applicant is proposing to provide a one-car garage and 15-feet of driveway parking. 3. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings: 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. The project site has special circumstances related to its size, shape and surroundings. The reduced lot size, irregular shape and Caltrans drainage easement along the northern property line significantly limit the projects developable area. An analysis of development options during the Site Plan Review phase concluded that a project meeting all the development standards in the R-2 zone would be so small as to make the home impractical. Primary amongst these was the requirement to provide a 20- foot by 20-foot two-car garage with 20-feet of driveway which would have reduced the livable area on the first floor to less than 100 square feet. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Resolution No. 2013-09 Page 3 of 10 31 A-17 The granting of this variance would allow the property owner the opportunity to develop this site with a high quality single-family residence. Due to the site size and shape restrictions, not granting this variance would result in the project no longer being feasible for development. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The proposed single-family dwelling will have no detrimental impacts on the public welfare or surrounding properties. The lot is being developed with an appropriately sized and scaled single-family residence that will maintain the required setbacks and second floor massing along the property line adjacent the existing single-family residence. The project's limited total square footage combined with only two bedrooms proposed results in the provided off-street parking being sufficient for this project. Additionally, the development of a high-quality single-family residence on this previously vacant site will improve the neighborhood by providing an additional housing option. iv. That the granting of a variance will not adversely affect the General Plan of the City. The project has been designed to be architecturally integrated with other single-family homes in the area which is consistent with Policies 2.10 and 3.5 of the Land Use Element which supports new development which is harmonious in scale and character with existing development in the area. The development of a single-family residence on this previously vacant parcel also supports Policy 1.3 of the Housing Element which promotes a complementary mix of land uses that improves the character and stability of neighborhoods. E. Variance No. 2013-04 has been filed with the City of Santa Ana seeking to allow a reduction in front, side, and rear yard setbacks. Santa Ana Municipal Code Section 41-249 states that the front yard setback shall be not less than 20-feet, Section 41-250 states that side yard setbacks shall be not less than five-feet, and Section 41- Resolution No. 2013-09 Page 4 of 10 31 A-18 251 states that rear yard setbacks shall be not less than 15-feet in the Two-Family Residential (R-2) zone. 2. The applicant is proposing to encroach into the required front, side, and rear yard setbacks. 3. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings: 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. The project site has special circumstances related to its size, shape and surroundings. The reduced lot size, irregular shape and Caltrans drainage easement along the northern property line significantly limit the projects developable area. An analysis of development options during the Site Plan Review phase concluded that a project meeting all the development standards in the R-2 zone would be so small as to make the home impractical. Primary amongst these was the requirement to provide a 20- foot by 20-foot two-car garage with 20-feet of driveway which would have reduced the livable area on the first floor to less than 100 square feet. ii. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance is necessary for the preservation and enjoyment of substantial property rights. Without the approval of the requested variance the developable area of the property would be so restricted as to become infeasible for development and would remain vacant. The proposed project maximizes the developable area while minimizing any impacts to the adjacent single- family residence to the south. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Resolution No. 2013-09 Page 5 of 10 31 A-19 The granting of these variances will not be detrimental to the public or surrounding properties. The project has been designed to meet the applicable development standards on the side adjacent to the existing single-family residence. Along this property line the project has maintained the required five-foot side yard setback as well as stepped back the second story an additional four feet to reduce the visual impact and massing of the second floor. Additionally, the driveway and garage are positioned nearest the northern property line and the front door is set back an additional six feet to maintain the required 20-foot front yard setback on this portion of the home. Lastly, the open space on the northern portion of the property that is restricted from development by the Caltrans drainage easement will be utilized as open space for the home to offset the loss of rear yard open space. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of this variance will not adversely affect the General Plan. The project has been designed to be architecturally integrated with other single-family homes in the area which is consistent with Policy 2.10 of the Land Use Element which supports new development which is harmonious in scale and character with existing development in the area. The development of a single-family residence on this previously vacant parcel also supports Policy 1.3 of the Housing Element which promotes a complementary mix of land uses that improves the character and stability of neighborhoods. F. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2012-54 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves: Variance No. 2013-02, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the minimum lot size; Variance No. 2013- 03, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in parking; and, Variance No. 2013-04, as conditioned in Exhibit "C" attached hereto and incorporated herein, to allow a reduction in front, side, and rear yard Resolution No. 2013-09 Page 6 of 10 31A-20 setbacks, for a new single-family residence at 1919 North Spurgeon Street. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated June 10, 2013, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of June , 2013. AYES: Commissioners: Alderete, Bacerra, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Crespo, Gartner, Mill, Nalle, Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2013-09 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 10, 2013 . Date: Secretary of the Planning Commission City of Santa Ana Resolution No. 2013-09 Page 7 of 10 31A-21 Conditions for Approval for Variance No. 2013-02 Variance No. 2013-02 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 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 The project shall remain in compliance with Site Plan Review DP No. 2012- 31. 2. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 3. Provide landscaping in accordance with submitted landscape plan. 4. Prior to plan check submittal, revise the plans to note the installation of clapboard siding on the front elevation in place of stucco. Resolution No. 2013-09 Page 8 of 10 31A-22 Conditions for Approval for Variance No. 2013-03 Variance No. 2013-03 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 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 The project shall remain in compliance with Site Plan Review DP No. 2012- 31. 2. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 3. Provide landscaping in accordance with submitted landscape plan. 4. Prior to plan check submittal, revise the plans to note the installation of clapboard siding on the front elevation in place of stucco. Resolution No. 2013-09 Page 9 of 10 31A-23 Conditions for Approval for Variance No. 2013-04 Variance No. 2012-04 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 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 The project shall remain in compliance with Site Plan Review DP No. 2012- 31. 2. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 3. Provide landscaping in accordance with submitted landscape plan. 4. Prior to plan check submittal, revise the plans to note the installation of clapboard siding on the front elevation in place of stucco. Resolution No. 2013-09 Page 10 of 10 31A-24