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HomeMy WebLinkAbout20140623_2014-13_317NJacksonStROH — 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 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 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: 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 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 E. 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 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. 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 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 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 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) APPROVED AS TO FORM: Sonia R. C41valho, City Attorney By: Ryan O. Hodfc Assistan City Chairman 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: Uql f`( .11149� Acting Commission Secretary of the Planning Commission City of Santa Ana 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 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 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 B Resolution No. 2014 -13 Page 9 of 10 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