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Home My WebLink About32A - VARIANCE - 317 N JACKSONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 15, 2014 TITLE: VARIANCE NOS. 2013 -06, 2013 -07 AND 2014-02 TO ALLOW REDUCTIONS IN THE MINIMUM LOT SIZE, STREET FRONTAGE AND OFF - STREET PARKING REQUIREMENTS FOR THE CONSTRUCTION OF A SINGLE - FAMILY RESIDENCE LOCATED AT 317 NORTH JACKSON STREET - RUBEN GUTIERREZ, APPLICANT CITY MANAG CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2w Reading ❑ Implementing Resolution ❑ Set Pubiic Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Variance No. 2013 -06 as conditioned, Variance No. 2013 -07 as conditioned, and Variance No. 2014 -02 as conditioned. PLANNING COMMISSION ACTION On June 23, 2014, the Planning Commission adopted a resolution approving Variance No. 2013- 06 to allow a reduction in the minimum lot size as conditioned; adopted a resolution approving Variance No. 2013 -07 to allow a reduction in required street frontage as conditioned; and adopted a resolution a resolution approving Variance No. 2014 -02 to allow a reduction in the minimum off - street parking as conditioned by a vote of 7:0 in order to construct a new single - family residence with a detached garage at 317 North Jackson Street located in the Two Family Residence (R -2) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION This action will allow for the construction of a 1,909 square foot, two -story, four - bedroom, three - bathroom single family residence in an R -2 zone. The first floor consists of a bedroom /study, living room, kitchen, and bathroom. The second floor consists of three bedrooms and two bathrooms. Additionally, a detached two -car garage is proposed at the rear of the site. The home is designed in Craftsman /Ranch style consistent with the neighborhood. Full sized site plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 4 (to support neighborhood vitality and livability). 32A -1 Variance Nos. 2013 -06, 2013 -07 & 2014 -02 July 15, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Karen Haluza Interim Executive Director Planning & Building Agency HS:rb Ns: 317NJwksoN317NJa&Wr va13-06va13 -07v 14 -02.2 Exhibit: A. Planning Commission Staff Report 32A -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 23, 2014 TITLE; PUBLIC HEARING — FILED BY RUBEN GUTIERREZ FOR VARIANCE NOS, 2013 -06, 2013 -07 AND 2014 -02 TO ALLOW REDUCTIONS IN THE MINIMUM LOT SIZE, STREET FRONTAGE AND OFF - STREET PARKING REQUIREMENTS FOR THE CONSTRUCTION OF A SINGLE- FAMILY RESIDENCE LOCATED AT 317 NORTH JACKSON STREET Prepared by Halms Soboleske Interim Executive DirectU PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting ann>i Manager RECOMMENDED ACTION 1. Adopt a resolution approving Variance No. 2013 -06 to allow a reduction in the minimum lot size as conditioned. 2. Adopt a resolution approving Variance No. 2013 -07 to allow a reduction in required street frontage as conditioned. 3. Adopt a resolution approving Variance No. 2014 -02 to allow a reduction in the minimum off - street parking as conditioned. DISCUSSION Request of Applicant Ruben Gutierrez is requesting approval of three variances in order to construct a new 1,909 square foot single - family residence with a 400 square foot detached two -car garage on a 3,750 square foot parcel located at 317 North Jackson Street. The request includes variances from Santa Ana Municipal Code (SAMC) Section 41- 247.6(a) for a reduction in lot size, Section 41- 247.7(b) for reduced street frontage and from Section 41- 1321(b) for reduced off- street parking for a single - family residence in the Two - Family Residence (R2) zoning district. Protect Location and Site Description The property is located on the east side of Jackson Street, between First and Fifth Streets, and is within the Santa Anita neighborhood. The lot is 3,750 square feet in size and is currently vacant. The property is surrounded by single - family and multi - family residences to the north, south, east and west (Exhibits 1, 2 and 3). EXHIBIT A 32A -3 VA Nos. 2013 -06, 2013 -07 and 2014 -02 June 23, 2014 Page 2 Proiect Descriotion The project involves the construction of a 1,909 square foot, two -story, four - bedroom, three - bathroom single - family residence. The first floor consists of a bedroom /study, living room, kitchen, and bathroom. The second floor consists of three bedrooms and two bathrooms. Additionally, a detached two -car garage is proposed at the rear of the site. The home is designed in Craftsman /Ranch style, and is in keeping with the Citywide Design Guidelines, as well as the architectural style of the surrounding neighborhood, Exterior materials to be used include stucco and concrete board material with stone veneer accents to provide architectural interest (Exhibits 4, 5 and 6). Proiect Backaround The subject property was subdivided in its current configuration in 1925 with a street frontage of 30 feet and a depth of 125 feet, consistent with a significant number of lots on this block. Over time, some of the lots have merged to create larger lots that allowed the development of multi- family residences, but the subject site has remained in its original configuration. This is the only vacant lot on this block. General Plan and Zonina Analvsis The General Plan land use designation for the site is Low Density Residential (LR -7). Low density designated areas are typically characterized by single- family residential land uses. The proposed single - family residence is consistent with this General Plan land use designation. The subject site is zoned Two - Family Residence (R2). The R2 zone allows development such as duplexes and single- family residences. The use is consistent with the zoning designation. Project Analysis The applicant is proposing to obtain three variances from the development standards established in the Santa Ana Municipal Code (SAMC), specifically Section 41- 247.6(a), which establishes a minimum lot size, Section 41- 247.7(b), which establishes the required lot frontage in the R2 zone, and Section 41- 1420(a)(1), which requires four off - street parking spaces for a single - family residence (two in a garage and two in a driveway). Variances from the SAMC may be granted if the following findings 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. 32A -4 VA Nos. 2013 -06, 2013 -07 and 2014 -02 June 23, 2014 Page 3 • 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 variances. Conversely, the inability to make any of 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 Nos. 2013 -06 and 2013 -07 — Lot Size and Street Frontage Section 41- 247,6(a) and Section 41- 247.7(b) require a minimum 6,000 square foot lot and a minimum of 50 feet of street frontage respectively. The lot was legally subdivided in 1925 which was prior to the establishment of minimum standards for a lot, and the size and width configuration is therefore legal nonconforming and is consistent with other lots in the neighborhood. Staff recommends approval of the variances for reductions in minimum lot size and street frontage based on the following facts and findings: The project site has special circumstances related to its size, shape and surroundings. The lot was created in 1925 prior to the establishment of development standards for lots in the City. The lot was legally subdivided; and is therefore legally nonconforming, and is consistent with other lots in the neighborhood. The lots on either side of the subject site are developed at this time so there is no potential for this lot to become larger. The granting of these variances are necessary for the preservation and enjoyment of substantial property rights. Without the approval of the requested variances the developable area 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 any adjacent single - family residences. The lot was legally subdivided in 1925 to a size and width configuration that is legal nonconforming and is consistent with other lots in the neighborhood. 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 for the front yard setback to minimize the visual impact on the street. Given these property restrictions, the proposed residence is consistent in size with other homes in the neighborhood. Finally, 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 and is consistent with the Land Use Element's Policies 2.10 and 3.5 that 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 13 of the Housing Element, which promotes a complementary mix of land uses that improves the character and stability of neighborhoods. 32A -5 VA Nos. 2013 -06, 2013 -07 and 2014 -02 June 23, 2014 Page 4 Variance No. 2014 -02 — Off- Street Parking The applicant is proposing to provide a two -car garage with access from an existing alley. Section 41- 1420(a)(1) requires four parking stalls for a single - family residence, with two stalls within a garage and two stalls in the driveway. Without a driveway, the proposal does not meet the minimum standard of the Santa Ana Municipal Code. Section 41- 1303(a) requires the minimum length of a parking stall be 18 feet. The size of the rear yard would be further reduced if the proposal added an additional 15 feet to the driveway size. Since private open space is related to overall livability, a reduction in parking requirements is a legitimate concession rather than losing additional open space. Providing a driveway would result in a loss of open space and the majority of the rear yard paved with concrete. Staff recommends approval of the variance for a reduction in required off- street parking based on the following facts and findings: The project site has special circumstances related to its size, shape and surroundings, The smaller lot size significantly limits the project's ability to meet all development requirements and provide adequate parking and open space area. An analysis of development options concluded that a project meeting all the development standards in the R2 zone would restrict development on the parcel to a residence that is not viable. 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 site would be so restricted as to become infeasible for development and the site would remain vacant. The proposed project allows development on a substandard parcel while minimizing any impacts to any adjacent single- family residences. The size of the rear yard would be reduced if the driveway complied with code. Since private open space is related to overall livability, a reduction in parking is a legitimate concession rather than losing additional open space. The lot was legally subdivided in 1925 and is legal nonconforming as to lot size as are many of the lots in this neighborhood. The granting of this variance will not be detrimental to the public or surrounding properties. The project has been designed to meet the applicable development standards for setbacks to minimize the visual impact on the street. Additionally, the garage is positioned nearest the eastern property line to maintain the required 20 -foot front yard setback and maximize open space between the detached garage and house. Several residences on Jackson Street were constructed in a similar configuration without a major impact to the neighborhood. Lastly; 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 and is consistent with Policies 2.10 and 3.5 of the Land Use Element that 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 that promotes a complementary mix of land uses that improves the character and stability of neighborhoods. 32A -6 VA Nos. 2013 -06, 2013 -07 and 2014 -02 June 23, 2014 Page 5 Public Notification The project site is located within the boundaries of the Santa Anita Neighborhood Association. The president of this Association was notified by mail 10 days prior to this public hearing, In addition, City staff 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 Neighborhood Association expressed support for the development of this lot. 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 property owners and occupants within 500 feet 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. A Class 3 exemption allows for the construction of new, in -fill single- family residence in a zone which permits residential land uses. Categorical Exemption Environmental Review No. 2013 -51 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends approval of Variance Nos, 2013 -06, 2013 -07 and 2014 -02 as conditioned. Hally Sobq ske Associate Planner HS.jm Hs:317NJackson/317NJackson_W 39 06va13- 07va1M02.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Elevations 32A -7 Sergio z, AICP Principal Planner WESTMINSTER (9EVENtEEM41 sT.V AVE. r -m it cl cl%Eila n.r.iP ran C2 SP -2 p SP -2 j i SP 9) -2 (° CRY F 1 51 -.. RI I RI �Rl a RI RT�Ii_`.. l c aii R2.`' Mt cf -�. Ai RI Gardan G/nve R1 fC w SZ R2 R2 A2 S2 I RX R2 R2 � NI T R2 n. s / r +`� iv [nonvJesr r o / -. 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QDMME AUMLMIM DISRJCF M6 MWTAWOMERAlIONS PA D, 12UREANARARIMEAl15 C2 GEIERALCCMMECIAL C CFEN'TACE FE NEFIDENRIALESWTE 0 CEITRALBUSNES P PRCFEMCNAL EC ERMRCDEVEOFMENt C }A CENTRAL AMNETARDSTNLIACE FCp gANN�CCMMUNIIYDEW -OFMFM 3' �PICPLiN CA RANNMFWRRNG®JT9i Rzf) FWJNEOFE9DENIALDEa(Y,E4EJT C5 ARIGRALCJMMERCIAL VAR 2013 -06 & 07,2014-02 'r GUTIERREZ NEW SINGLE - FAMILY RESIDENCE ,�� 317 NORTH JACKSON STREET �� -- = 5150 FEET 7,77F= P L A N N I N G A N D B Il 1 L 0 I N G A G E N C Y EXHIBIT 1 VICINITY MAP 32A -8 COMMERCIAL C M E CIAL C O M E R C I L 5TH STREET COMMERCIAL. COMMERCI L C M R C I A L C M RCIAL W SIN LE- �- F- W Wrz w V W J J W Q RE51 ENCE W � �S- � a DUP. ww- F V) DUP. M.F.R. M. F, R, S.F.R. D U P. S.F.R. . DUP. DUP. M.F.R. w DUP. u DUP. 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'gg. �ajgss:5 5 d Y€ s $ a$��S@ £ at a § i 3 zf Iw If �.I '. ii 8� g I ff s CL EXHIBIT 4 32A -11 au _5 m rc ,_II ui ci�l .a Q W W Z ze� 'n CL 0 � f4 O U— k 4: J� a a3 g e Yj � d�� I x� xYer al$S R I ` 1. $r 3s � � j32 Iiis ; ; g Ala x 3 �.Sk0iaC494£ y15C [ F x p� 5 k z � a a € :I 'o $el� P4s��el 6 11 i t3� a 6E1'+a E FYI if! BZY� kai5 d a fti y n x§ W z. w —kph W Ih I i f$ej is 3p fie§ 4 T-y x 111gg 8€ �43i €£;a ipe d `I£s 9 s Ng 'a 3 6'4 Y iMeYYx f Yifid � L4 I LL Z: L a O F7 7 '3 � I I N w EXHIBIT 5 32A -12 i 6� gi ygz his £" P 1 eicn {1{i � ap.q SIN @6 *n � L4 I LL Z: L a O F7 7 '3 � I I N w EXHIBIT 5 32A -12 eaO -S WZ # da Mh f �Hg I 3 s s rc " 0, Lu H9 �$a3A vfi s_ 5+ tit W ' W Li w '4 ° o- j aY � s w e \. I �QI W g L C AE 3 d 65 W \JI q�' ss1y Y Rn? e x#ror.a� O a r4 z vs r yP4Ep dSry F Aft S E93934 pJ i £i,5, 6 a: i� ; z In3> vi EXHIBIT 6 Page T of 2 32A -13 N cvtl_k. 'V/ INV V-. 1p 'r41 rlE 01 n p3 [X.'r tl4. + € c Il�s'I_sY' i I �7J 1 v1J b /J I I U fl 15.0 Id cd rla, _ /1 c i r )3' ✓ � 4 Page 2 of 2 32A -14 TI t x � I z!. o F_ T-IT Eal F J fr d I$ 3i W c �x mg$ i All 11, III r 5g a / it ;h i �" a} £ ul ul W y'1�, s LLI i (D ". ki k x I? yF f Ye553 �C W y h 4 ja k'EiY A & H!6 yH #385$ 0 & H gyyS� 6`i�ei Page 2 of 2 32A -14 t x � I z!. o T-IT Eal F J fr W W W i 81� ry� fl q r 5g a / it Page 2 of 2 32A -14 t x z!. o J fr � W / a} £ ul ul y'1�, s HH 5e N E.� B"x " gyyS� 6`i�ei - z I I } � W LLI g g3 'L3 ROH — 06/23/14 RESOLUTION NO. 2014 -13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NOS. 2013 -06, 2013 -07, AND 2014 -02 AS CONDITIONED TO ALLOW REDUCTIONS IN THE MINIMUM LOT SIZE, STREET FRONTAGE, AND OFF - STREET PARKING REQUIREMENTS FOR THE PROPERTY LOCATED AT 317 NORTH JACKSON 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 -06 to allow a reduction in the minimum lot size; Variance No. 2013 -07 to allow a reduction in required street frontage; and, Variance No. 2014 -02 to allow a reduction in the minimum off - street parking as conditioned for a new single - family residence on a 3,750 square foot lot at 317 North Jackson Street. B. Variance Nos. 2013 -06, 2013 -07, and 2014 -02 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on June 23, 2014, to consider all testimony, written and oral. C. Variance No. 2013 -06 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(a) of the Santa Ana Municipal Code requires a lot containing one (1) dwelling unit in the R2 district to have an area of at least 6,000 square feet. 2. The lot was legally subdivided in 1925 which was prior to the establishment of minimum standards for a lot, and the size and width configuration is therefore legal nonconforming and is consistent with other lots in the neighborhood. 3. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a variance upon making certain findings: i. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance Resolution No. 2014 -13 Page 1 of 10 32A -15 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 special circumstances related to its size, shape and surroundings. The lot was created in 1925 prior to the establishment of development standards for lots in the City. The lot was legally subdivided, and is therefore legally nonconforming, and is consistent with other lots in the neighborhood. The lots on either side of the subject site are developed at this time so there is no potential for this lot to become larger. 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 variances the developable area 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 any adjacent single - family residences. The lot was legally subdivided in 1925 to a size and width configuration that is legal nonconforming and is consistent with other lots in the neighborhood. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of this variance will not be detrimental to the public or surrounding properties. The project has been designed to meet the applicable development standards for the front yard setback to minimize the visual impact on the street. Given these property restrictions, the proposed residence is consistent in size with other homes in the neighborhood. 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 Resolution No. 2014 -13 Page 2 of 10 32A -16 be architecturally integrated with other single - family homes in the area and is consistent with the Land Use Element's Policies 2.10 and 3.5 that 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. D. Variance No. 2013 -07 has been filed with the City of Santa Ana seeking to reduce the required street frontage in the R1 district. Section 41 -237 of the Santa Ana Municipal Code requires fifty (50) feet of street frontage measured from the back of the front yard setback in the R1 district. 1. Santa Ana Municipal Code Section 41- 247.7(a) requires at least fifty (50) feet of street frontage for lots containing one (1) dwelling unit in the R2 district. 2. The lot was legally subdivided in 1925 which was prior to the establishment of minimum standards for a lot, and the size and width configuration is therefore legal nonconforming and is consistent with other lots in the neighborhood. 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 lot was created in 1925 prior to the establishment of development standards for lots in the City. The lot was legally subdivided, and is therefore legally nonconforming, and is consistent with other lots in the neighborhood. The lots on either side of the subject site are developed at this time so there is no potential for this lot to become larger. Resolution No. 2014 -13 Page 3 of 10 32A -17 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 variances the developable area 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 any adjacent single - family residences. The lot was legally subdivided in 1925 to a size and width configuration that is legal nonconforming and is consistent with other lots in the neighborhood. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of this variance will not be detrimental to the public or surrounding properties. The project has been designed to meet the applicable development standards for the front yard setback to minimize the visual impact on the street. Given these property restrictions, the proposed residence is consistent in size with other homes in the neighborhood. 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 and is consistent with the Land Use Element's Policies 2.10 and 3.5 that 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. 2014 -02 has been filed with the City of Santa Ana seeking to allow a reduction in required off - street parking. Resolution No. 2014 -13 Page 4 of 10 32A -18 1. Section 41- 1320(a)(1) of the Santa Ana Municipal Code requires four (4) parking stalls for a single - family residence, with two (2) stalls within a garage and two (2) stalls in the driveway. 2. The applicant is proposing to provide a two -car garage with access from an existing alley. 3. Santa Ana Municipal Code Section 41 -638 authorizes the Planning Commission to grant a variance upon making certain findings: i. 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 smaller lot size significantly limits the project's ability to meet all development requirements and provide adequate parking and open space area. An analysis of development options concluded that a project meeting all the development standards in the R2 zone would restrict development on the parcel to a residence that is not viable. 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 site would be so restricted as to become infeasible for development and the site would remain vacant. The proposed project allows development on a substandard parcel while minimizing any impacts to any adjacent single - family residences. The size of the rear yard would be reduced if the driveway complied with code. Since private open space is related to overall livability, a reduction in parking is a legitimate concession rather than losing additional open space. The lot was legally subdivided in 1925 and is legal nonconforming as to lot size as are many of the lots in this neighborhood. Resolution No. 2014 -13 Page 5 of 10 32A -19 iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of this variance will not be detrimental to the public or surrounding properties. The project has been designed to meet the applicable development standards for setbacks to minimize the visual impact on the street. Additionally, the garage is positioned nearest the eastern property line to maintain the required 20 -foot front yard setback and maximize open space between the detached garage and house. Several residences on Jackson Street were constructed in a similar configuration without a major impact to the neighborhood. 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 and is consistent with Policies 2.10 and 3.5 of the Land Use Element that 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 that 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. A Class 3 exemption allows for the construction of new, in -fill single - family residence in a zone which permits residential land uses. Categorical Exemption Environmental Review No. 2013 -51 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves: Variance No. 2013 -06, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a reduction in the minimum lot size; Variance No. 2013- 07, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in required street frontage; and, Variance No. 2014 -02, as conditioned in Exhibit "C" attached hereto and incorporated herein, to allow a reduction in the minimum off- street parking, for a new single - family residence at 317 North Jackson Street. This decision is based upon the evidence submitted at the above said hearing, which Resolution No. 2014 -13 Page 6 of 10 32A -20 includes, but is not limited to: the Request for Planning Commission Action dated June 23, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 23rd day of June, 2014. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle, Yrarrazaval (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) 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, ROSA BARELA, Acting Commission Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -13 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 23, 2014. Date: Acting Commission Secretary of the Planning Commission City of Santa Ana 32A -21 Resolution No. 2014 -13 Page 7 of 10 Conditions for Approval for Variance No. 2013 -06 Variance No. 2013 -06 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 1. The project shall remain in compliance with Site Plan Review DP No. 2013- 23. 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. Submit a landscape plan for review prior to entering building plan check. Such plan shall be approved prior to issuance of any building permit. 4. A minimum of one 24" box canopy tree shall be planted in the rear yard. 5. All planting areas must be designed with an automatic irrigation system. A pop -up sprinkler type irrigation system shall be provided for all yards for each residential unit. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. 6. The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. 7. All irrigation systems shall be equipped with a controller capable of dual or multiple station programming. 8. Paving in the rear yard shall be a permanent, decorative material. A sample shall be submitted to the case planner prior to building permit issuance. Exhibit A Resolution No. 2014 -13 Page 8 of 10 32A -22 Conditions for Approval for Variance No. 2013 -07 Variance No. 2013 -07 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 1. The project shall remain in compliance with Site Plan Review DP No. 2013- 23. 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. Submit a landscape plan for review prior to entering building plan check. Such plan shall be approved prior to issuance of any building permit. 4. A minimum of one 24" box canopy tree shall be planted in the rear yard. 5. All planting areas must be designed with an automatic irrigation system. A pop -up sprinkler type irrigation system shall be provided for all yards for each residential unit. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. 6. The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. 7. All irrigation systems shall be equipped with a controller capable of dual or multiple station programming. 8. Paving in the rear yard shall be a permanent, decorative material. A sample shall be submitted to the case planner prior to building permit issuance. Exhibit B Resolution No. 2014 -13 Page 9 of 10 32A -23 Conditions for Approval for Variance No. 2014 -02 Variance No. 2014 -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 rip or 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 1. The project shall remain in compliance with Site Plan Review DP No. 2013- 23. 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. Submit a landscape plan for review prior to entering building plan check. Such plan shall be approved prior to issuance of any building permit. 4. A minimum of one 24" box canopy tree shall be planted in the rear yard. 5. All planting areas must be designed with an automatic irrigation system. A pop -up sprinkler type irrigation system shall be provided for all yards for each residential unit. Drip, bubbler, or other low gallonage systems may be used in buffer areas and narrow strips. 6. The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. 7. All irrigation systems shall be equipped with a controller capable of dual or multiple station programming. 8. Paving in the rear yard shall be a permanent, decorative material. A sample shall be submitted to the case planner prior to building permit issuance. Exhibit C Resolution No. 2014 -13 Page 10 of 10 32A -24