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HomeMy WebLinkAbout75A - PH - ZONING - 1728 AND 1732 W 2ND STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 2, 2014 TITLE: PUBLIC HEARING —AMENDMENT APPLICATION NO. 2014-03 TO AMEND THE ZONING FROM LIGHT INDUSTRIAL (M1) TO TWO- FAMILY RESIDENTIAL (R2) AND VARIANCE NO. 2014-03 TO ALLOW A REDUCTION IN REQUIRED BUILDING SETBACKS AT 1728 AND 1732 WEST SECOND STREET — MIDOROS, LLC, APPLICANT 1_;�J 62�lz CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2m Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt an ordinance approving Amendment Application No. 2014 -03 to amend the zoning from Light Industrial (M1) to Two - Family Residential (R2). 2. Adopt a resolution approving Variance No. 2014 -03 to allow a reduction in front and side yard setbacks for the property located at 1732 West Second Street as conditioned. PLANNING COMMISSION ACTION On July 28, 2014, the Planning Commission recommended that the City Council adopt an ordinance approving Amendment Application No. 2014 -03 to amend the zoning from Light Industrial (M1) to Two - Family Residential (R2) and adopt a resolution approving Variance No. 2014 -03 to allow a reduction in front and side yard setbacks for the property located at 1732 West Second Street as conditioned by a vote of 7:0. The Planning Commission made no changes to the recommended action (Exhibit A). DISCUSSION Midoros, LLC is requesting approval of an amendment application and setback variance to allow the construction of two single family residences on two separate parcels. The proposed project at 1728 West Second Street involves the construction of a new 1,427 square foot single - family residence attached two -car garage and a 422 square foot attached second dwelling unit. The proposed residence includes three - bedrooms, two- bathrooms, kitchen, dining room, living room and computer /office room. The second dwelling unit is comprised of a bedroom, bathroom and living/kitchen area. 75A -1 Amendment Application No. 2014 -03 Variance No. 2014 -03 September 2, 2014 Page 2 The proposed project at 1732 West Second Street involves the conversion of an existing 1,622 square foot office building to a residential use, the construction of a new 525 square foot attached two-car garage and 416 square foot second story addition. The proposal also includes demolishing a 5 foot by 53 foot portion of the existing building along the eastern side in order to meet the side yard setback and building code separation standards. Full -sized 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 and Sustainability, Objective No. 3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT There is no fiscal impact associated with this action KAA_� Karen Haluza Interim Executive Director Planning & Building Agency MF:rb S :PtanningWbtPReports'aal4 -03val4- 03172 &1732 W. Second= Exhibit: A. Planning Commission Staff Report 75A -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JULY 28, 2014 TITLE: PUBLIC HEARING — FILED BY MIDOROS, LLC FOR AMENDMENT APPLICATION NO. 2014-03 TO AMEND THE ZONING FROM LIGHT INDUSTRIAL (M1) TO TWO- FAMILY RESIDENTIAL (1112) AND VARIANCE NO. 2014-03 TO ALLOW A REDUCTION IN REQUIRED BUILDING SETBACKS AT 1728 AND 1732 WEST SECOND STREET Prepared by _Matt Foulkes LIntenLExec-LDirector :7: ii i ��hi1 ►ir a - Temenl Recommend that the City Council: SECRETARY APPROVED ❑ As Recommended Cl As Amended Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO a / Acting Panning y4nager -- 1. Adopt an ordinance approving Amendment Application No. 2014 -03 to amend the zoning from Light Industrial (M1) to Two - Family Residential (R2). 2. Adopt a resolution approving Variance No, 2014 -03 to allow a reduction in front and side yard setbacks for the property located at 1732 West Second Street as conditioned. DISCUSSION Planning Commission Action At the July 14th Planning Commission meeting, and following a presentation by staff and testimony from the applicant, the Planning Commission continued the item for two weeks and directed staff to prepare a recommendation of approval for the zone change, and findings of fact for the approval of Variance No. 2014 -03 subject to revising the plans to remove the second dwelling unit at 1732 West Second Street, and increase the amount of open space available in the rear of the property. Request of Applicant Midoros, LLC is requesting approval of an amendment application to change the zoning designation of the properties at 1728 and 1732 West Second Street from Light Industrial (M1) to Two - Family Residential (R2). Additionally, the applicant is requesting a variance from the R2 development standards to convert an existing office building at 1732 West Second Street to a residential use. Specifically, a variance from Sections 41 -249 and 41 -250 of the Santa Ana Municipal Code (SAMC) to allow a reduction in front and side yard building setbacks is requested. EXHIBIT A 75A -3 Amendment Application No. 2014 -03 Variance No. 2014 -03 July 28, 2014 Page 2 Project Location and Site Descriotion The project site consists of two separate properties located within the Artesia Pilar neighborhood on the southeast corner of Second Street and Raitt Street. The property at the comer of Second Street and Raitt Street, 1732 West Second Street, is a 4,792 square foot lot and currently contains a 1,622 square foot building which was previously used as an office. The adjacent parcel to the east, 1728 West Second Street, is 6,000 square feet in size and is currently vacant. Both properties are legally created parcels and are rectangular in shape. The properties are surrounded by single - family and multi - family residential to the north and west, an industrial warehouse to the east, and commercial to the south (Exhibits 1, 2 and 3). Project Descriotion 1728 West Second Street The proposed project at 1728 West Second Street involves the construction of a new 1,427.5 square foot single- family residence, attached 525 square foot two -car garage and a 422 square foot attached second dwelling unit. The site previously served as parking and storage for the use at 1732 West Second Street. The proposed residence includes three - bedrooms, two- bathrooms, kitchen, dining room, living room and computer /office room. The second dwelling unit is located on the second floor of the proposed residence and is accessed from a separate stairwell located between the residence and attached garage. The second dwelling unit is comprised of a bedroom, bathroom and living /kitchen area. The proposed residence includes stone along the base of the front elevation and a portion of the side elevations with a stucco finish on the remainder of the home and second dwelling unit. Landscaping is provided in accordance with the requirements of the R2 zoning district (Exhibits 4, 5 and 6). 1732 West Second Street The proposed project at 1732 West Second Street involves the conversion of an existing 1,622 square foot office building to a residential use, the construction of a new 525 square foot attached two -car garage and 416 square foot second story addition, The proposal also includes demolishing a five foot by 53 foot portion of the existing building along the eastern side in order to meet the side yard setback and building code separation standards. The proposed conversion of the existing office into residential and new second story will result in four bedrooms, two bathrooms, kitchen, dining room and living room in an open floor plan design. The proposed second story addition will be located above the rear portion of the existing building and new attached two -car garage and utilize a portion of the existing flat roof as a deck. Decorative stone is proposed around the entryway of the primary unit with stucco finish on the remainder of the structure (Exhibits 7, 8 and 9). 75A -4 Amendment Application No. 2014 -03 Variance No. 2014 -03 July 28, 2014 Page 3 Prolect Backaround Building records indicate that the structure located at 1732 West Second Street was relocated to this site and used as an office beginning in 1983. Occupancy records indicate that uses at this property have ranged from wholesale /distribution to manufacturing to office. Business License records indicate that the most recent tenant was New Century Motors for office use, but this license has been inactive since 2010. The adjacent property, 1728 West Second Street, was utilized as parking and storage for the office building, but maintained a separate parcel number and property address. General Plan and Zoning Consistency The General Plan land use designation for the site is Low- Density Residential (LR -7). Low Density Residential Districts are areas of the City which are developed with lower density residential land uses that are characterized primarily by single - family homes. The proposed single- family residences are consistent with this General Plan land use designation. The zoning for both properties is Light Industrial (M1). The M1 standards are not applicable to this project as the applicant is seeking to develop the site for residential uses pursuant to the existing Low - Density Residential (LR -7) General Plan land use designation. In order to develop the properties for residential uses the applicant is requesting to change the zoning to Two - Family Residential (R2), which is consistent with the zoning designation of surrounding properties. Pralect Analysis The applicant is requesting two discretionary actions in order to complete the project as proposed. The first is a request to change the zoning of the subject properties from Light Industrial (M1) to Two - Family Residential (132) to allow for the proposed residential use. In addition to the zone change, the applicant is also requesting a variance from the R2 development standards pertaining to building setbacks for the property at 1732 West Second Street. No variances are required for the proposed development at 1728 West Second Street as the single family residence and second dwelling unit proposed on this property comply with the applicable development standards. Amendment Application (Zone Change} Sections 41 -659 through 41 -667 of the Santa Ana Municipal Code (SAMC) govern the process for amending a zoning district. Unlike other discretionary actions, such as variances and conditional use permits, a zone change does not require the City to make specific findings of fact and instead bases requests for changes in zoning on public necessity, convenience and general welfare. A zone change is requested as the subject properties' current Light Industrial (M1) zoning designation does not permit the proposed residential development or uses, The subject properties' size and street frontage are substantially below the minimum development standards contained in the Light 75A -5 Amendment Application No, 2014 -03 Variance No. 2014 -03 July 28, 2014 Page 4 Industrial (M1) zoning district. Subsequently, since the site has been vacant for over one year, any proposed development on these properties for industrial uses would require multiple variances from the M1 development standards. Additionally, the General Plan Land Use designation for the subject properties is Low - Density Residential (LR -7) which is inconsistent with the current Light Industrial zoning designation and would also have to be amended prior to developing the property for any industrial uses. The zone change for the project is being recommended for approval due to two reasons. First, the master plan for development in the City, the General Plan, has designated this site as residential due to the development pattern in the area and the effects industrial uses have on the health, safety and welfare on residential properties. Second, the properties size and overall lack of compliance with the industrial development standards support the zone change request to Two- Family Residential (R2) (Exhibit 10). Setback Variance The applicant is requesting a variance from the development standards established in the SAMC. Specifically, relief is requested from Sections 41 -249 and 41 -250, which establish the minimum front and side yard setbacks 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. The Planning Commission recommends approval of the variance to allow a reduction in required building setbacks at 1732 West Second Street due to the special circumstances related to the property's reduced overall size and street frontage, To minimize impacts to the neighborhood, and at the direction of the Planning Commission, the project has been redesigned to remove the proposed second dwelling unit and maximize the rear yard open space. 75A -6 Amendment Application No. 2014 -03 Variance No. 2014 -03 July 28, 2014 Page 5 Special circumstances exist related to the size of the property at 1732 West Second Street as the lot is 1,208 square feet or 20 percent smaller than the standard 6,000 square foot residential lots found in the neighborhood. In addition to the overall lot size, the lot width is approximately 7 -feet narrower than a standard 50 -foot wide residential lot. While legally created, the reduction in both overall size and width creates a special circumstance that justifies the granting of the requested variance. The granting of this variance is necessary for the preservation and enjoyment of a substantial property right as the reduced size and street frontage of the lot resulted in a condition where the existing structure was located within the required front and side yard setback area. As part of the proposed conversion of the existing structure, the applicant is removing a 5 -foot by 53 -foot portion along the eastern property line to comply with one of the side yard setbacks and associated building code requirements. To comply with the additional setback standards, the existing structure would need to be substantially modified to meet the front and street side yard setback requirements, which would render the existing structure infeasible to retain. The project has been redesigned to remove the proposed second dwelling unit, thus allowing for increased rear yard open space and the elimination of the need for a second variance for rear yard open space. The granting of this variance will not be detrimental to the public or surrounding properties. The structure proposed for conversion to residential use has existed on the property since 1983. The project has been designed to remove a 5 -foot by 53 -foot section of the existing structure along the eastern property line to meet the setback standards found in the building code as well as meet the minimum side yard setback adjacent to the proposed single - family house at 1728 West Second Street. This modification addresses any potential impacts to the adjacent property by complying with the minimum side yard setbacks. The variance for a reduction in side yard setbacks on the street side does not affect surrounding properties as they are not directly adjacent to the reduced setback. Lastly, the granting of this variance will not adversely affect the General Plan. The project has been re- designed to remove the second dwelling unit which makes the project consistent with Policies 3.5 and 2.10 of the Land Use Element, which support 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 industrially used 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. 75A -7 Amendment Application No. 2014 -03 Variance No. 2014 -03 July 28, 2014 Page 8 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. 2014 -07 will be filed for this project. Conclusion Amending the zoning from Light Industrial (M1) to Two - Family Residential (R2) will bring the properties into compliance with the General Plan Land Use designation and is consistent with the zoning on surrounding properties. The removal of the second dwelling unit at 1732 West Second Street eliminates the need for a variance for a reduction in rear yard open space, reduces the density and results in a project that is more harmonious in scale and character with the surrounding neighborhood. Therefore, the Planning Commission recommends the City Council approve Amendment Application No. 2014 -03 and Variance No. 2014-03 as conditioned. Matt Foulkes, LEED AP Senior Management Analyst MF:jm S: PlanningWatt lReports1aal4- 03va14 -03 1728 -1732 W. Second.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 —Site Photos Exhibit 4 —1728 West Second Street Site Plan Exhibit 5 —1728 West Second Street Floor Plan Exhibit 6 —1728 West Second Street Elevations Exhibit 7 —1732 West Second Street Site Plan Exhibit 8 —1732 West Second Street Floor Plan Exhibit 9 —1732 West Second Street Elevations Exhibit 10 — Sectional District Map 75A -8 III I RI RI p Pi Rl Rl 81 HI, O R2 RI R2 S R2 F 7%2 12- a 12 � SD-82 q Ml R I Rl Mi 119=11 mi c 1 0 mi 11 c MI l so 7 F MI THE I Hry Ru dLE El C2 Cm Ell F_ cz 'I FIR. <T cz ),pm C2 ff ICZ I' C2 I it I zp= a) 11 ;E C2 0 E 1� M1 Ri R3 R3 R2 ER1, RZ I RI RI III R Rl Al ME2ALAGTJL7URA_;f CR f MMALl DMAL RI SNi FANKYRIBDENIIAL -B flmwmowlwm 00 =ffNmwm�m m PAOFAMILYFffiriME C,W CONIMBUALa)UTHMAIN ml JC3R[NDU5TFIJAL m MUM DMTVMWPLE cl O MUNIWMVMMJAL M2 IRWYINDUMAL FAMIURBI)ENCE CIND 0CMM.004ImffUAJMUUVMDlS7RCI mo MIUJAWORRIITIONS w SUSUMANAMIRTMEM C2 CaHIALCUMMUCIAL 0 OPEN"CE fe RESQWIALFT� C3 MTMLWSNM5 p R FESR(AIL 3HJmnmowffqt W CAJIMLIK)SNUZAPIISTMLLACE FIT RANNa)C3MMUNIWU5R0PM84T UMIIOft N CA RANNIDSIOMNGCEIi HO PtANNM DHJIIALDEVEOFMMT w ARTMALIMMMUCAL AA 2014-03/VAR 2014-03 MIDOROS, LLC otl 1p� k c9YA 1728 & 1732 WEST SECOND STREET V-1000 Fri P L A N N I N 3 A N D B U I L D I N -0 A-G E _NC y EXHIBIT I VICINITY MAP 75A-9 ER E 5 W. 3RD 1 JIA L STREET L C 0 I E R C I A L RESIDE W TIAL W J W W w W �U M s <z z h - LLo 6 w v t„ - > J a W. 2ND STREET <r- z R S D hl IIL W z v w R E S C 0 M M E R C I A L z 1ST STREET r COMMER --JAL COMMERCIAL C M M E R C I A L z z RE.IDIN IAL ER E 5 1 D E 1 JIA L I A L C 0 I E R C I A L RESIDE TIAL M.F.R. 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CHAD C0MMUNRY COMMERCIAL- MUSEUM DISTRICT Mt LWHTINDUSTRIAL R2 TWOFAMILTRESWENCE atsaunamn r1OXinm.mrto N�ia].n� C2 GENERALCOMMERCIAL M2 HEAVY INDUSTRIAL RS MULTIPLEFANIILY RESIDENCE Ica ®+an¢srmcrmsma�sArn� �IrV�K IXIWaV cE[noxuwsm6i CI CENTFALBUSINESS MO MILITARY OPEPATONS PA SUBURBAN APARTMENT R ZIP CBA CENTRAL BUSINESSARTISTS VILLAGE O BEN SPACE RE RESIDENTIALESTATE C9 PIANNEO SHOPPING CENTER -0Z OVERLAY ZONE 60 SPECIFIC DEVELOPMENT C5 ARTERWLCOMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN _ - - CA COMMERCIAL RESIDENTIAL RICO PLARNEDCOWIUN"OEVELCTMENT sNr9.VLi RES :AA I.. No .6mrea ogre xa MICH c030raESXO M1051 MICSZ MIWI MP42 MVJO] rUarLl M02d ME4] MCSd M04z Ao- N.I NLIY.O] NSSNBNSEIJ]NS21E NSTQB NS261 MSN691gE1515 ffi59 NS3iGB Ny]t%NS IDEI HRX1Jl gWIpPm1E IISJ� i -1291 &19A1 1.1 &9f 5.?% 161620 —,A 41W1 Sr605 &IyN 1 ?qd5 ILLItM d 9391173 IANi xO RAI s]6] 5i1] 548 3tl] SIM 338 Yqi 9» S» '.fity £56 :!Ep 5931 17"4]8 Z95d iQ!d W3J M],8 M&t MID! M4W M9:B M9W NSAIE NLY] NS-IB] NSd IS.iK MS510 N65Zi NSSM NSSY gSSW N6691 N5 N593d 1:5%E — N$1019 N611i1 N411 d$ Ny1W VSI69 N6I]<] NS1653 X &19N NSIMa PTIN9n]E 11259 a1B� 6t$J 10.191 TPfi1 3-081 9]31 4] -01 43161 II -EBI I1JW 3661 12 <d] 1Ea3] y]9! blll ]3]] t }IIi] iii] 1281 91Sd ]J� ].p9] 13:iai SECT-IC3NAqL DISTRICT A , PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA ® EXHIBIT 10 75A -18 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE PROPERTY LOCATED AT 1728 AND 1732 WEST SECOND STREET FROM LIGHT INDUSTRIAL (M1) TO TWO - FAMILY RESIDENTIAL (R2) (AA NO. 2014 -03) THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2014 -03 has been filed by the City of Santa Ana to change the zoning district designation of certain real property located at 1728 and 1732 West Second Street from Light Industrial (M1) to Two - Family Residential (R2). B. Sections 41 -659 through 41 -667 of the Santa Ana Municipal Code govern the process for amending a zoning district. Unlike other discretionary actions, such as variances and conditional use permits, a zone change does not require the City to make specific findings of fact and instead bases requests for changes in zoning on public necessity, convenience and general welfare. A zone change is requested as the subject properties' current Light Industrial (M1) zoning designation does not permit the proposed residential development or uses. The zone change for the project is recommended for approval due to two reasons. First, the master plan for development in the City, the General Plan, has designated this site as residential due to the development pattern in the area and the effects industrial uses have on the health, safety and welfare on residential properties. Second, the properties' size and overall lack of compliance with the industrial development standards support the zone change request to Two - Family Residential (R2). C. On July 14, 2014, the Planning Commission held a duly noticed public hearing and voted to continue the matter to allow the applicant to make revisions to the project. On July 28, 2014, the Planning Commission held another public hearing on the resubmitted project and voted to recommend that the City Council adopt a resolution approving Amendment Application No. 2014 -03, which is consistent with the General Plan. 75A -19 D. This Council, prior to taking action on this ordinance, held a duly noticed public hearing on September 2, 2014. E. The City Council also adopts as findings all facts presented in the Request for Council Action dated September 2, 2014 accompanying this matter. F. For these reasons, and each of them, Amendment Application No. 2014 -03 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. 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. 2014 -07 will be filed for this project. Section 3. The real property located at 1728 and 1732 West Second Street in Santa Ana is hereby reclassified from Light Industrial (M1) to Two - Family Residential (R2). An amended Sectional District Map, showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of , 2014. Miguel A. Pulido Mayor 75A -20 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Ryan 0. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A -21 U -M �iY Ll I O __ ST 17TH ST ... 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C1MD COMMUNITY COMMERCIALMUSEUM DISTRICT M1 LIGHTINDUSTRIAL R2 TWPFAMILY RESIDENCE MN NO"­"S ar uTr cauxrnE DATEDISATIME C2 GENERAL COMMERCIAL M2 HFAVYINDUSTRIAL R3 MULTPLEFAMILY RESIDENCE xERET >TE6TIWTMISMVISAIxuE COT OF INE gUGINPL 6EGTOML MS1FICi C3 CENTRAL BUSINESS MO MILITARY OPERATIONS R4 SUBURBAN APARTMENT MAFxo.vsta C3 -A CENTRAL BUSINESSARTISTS'VILIAGE 0 OPEN SPACE RE RESIDENTIALESTATE sqn� C4 PLANNED SHOPPING CENTER -0Z OVERIAYZONE SO SPECIFIC DEVELOPMENT ErEanmmWce°crw C5 ARTERIALCOMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN FL.NNNGa@I4pN °^GExp CR COMMERCIAL RESIDENTIAL PCD PLANNED COMMUNITY DEVELOPMENT Maye .Un -S 1AARE6xx0.0 Ppp+lEppPiE Es. IAA TANS. NO AAIM gp1051 M1m M1W] M562 A9WQi PA 01 -01 A4 Ph6 MOb] MOiB A4 �2 M111 PA16Rs 0 NSMb NS 2131 N32139 NS 2=K INS YA2 NS295t .S2M5 NS35I$ NS3599 NS2iN N12ITA NS 2M ..= AOOPTFDOATE 11�T169 711.91 b1491 1,1,NM 6356 1616W 9 -1601 17-2 &19 0 53a1 53fi) S'P S456 -2 5aB9 5509 1 5501 5513 . 19 Y 9 57% SAW Y 3 1W3N 595a . WM AA755 AA�1 L3' pASW qA 876 AA. .SM SNNO. NS412 NS 47 NS -<W NS-9 1 NS49 N6510 N5521 NS529 NS5N NS590 NSE91 NS% NS N&9 - — NS1019 NST1171 NS�119J N61319 NS 1191 N61fl53 N$19N NS1919 11159 918 b1E0 10TW 23561 3661 137E1 13751 1P21L111124511111 3667 12440 12161 $11 5171 1-2-73 12- 11-731)71 5283 IIIkl.111. 120821 ?2 7 SECTICkIYJqL • • • PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA, CALIFORNIA ® U -M �iY Ll I O ROH - 09/02/14 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2014 -03 AS CONDITIONED TO ALLOW A REDUCTION IN FRONT AND SIDE YARD SETBACKS FOR THE PROPERTY LOCATED AT 1732 WEST SECOND STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2014 -03 to allow a reduction in front and side yard setbacks for the property located at 1732 West Second Street. B. On July 14, 2014, the Planning Commission held a duly noticed public hearing and voted to continue the matter to allow the applicant to make revisions to the project. On July 28, 2014, the Planning Commission held another public hearing on the resubmitted project and voted to recommend that the City Council adopt a resolution approving Variance No. 2014 -03. C. On September 2, 2014, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, related to Variance No. 2014 -03. D. Variance No. 2014 -03 has been filed with the City of Santa Ana seeking to allow a reduction in front and side yard setbacks for the property located at 1732 West Second Street. Santa Ana Municipal Code Section 41 -638 authorizes the granting of a variance upon making certain findings: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of provisions of this Chapter. Special circumstances exist related to the size of the property at 1732 West Second Street as the lot is 1,208 square feet or 20 percent smaller than the standard 6,000 square foot residential lots found in the neighborhood. In addition to the overall lot size, the lot width is approximately Resolution No. 2014 -XXX 75A -23 Page 1 of 5 7 -feet narrower than a standard 50 -foot wide residential lot. While legally created, the reduction in both overall size and width creates a special circumstance that justifies the granting of the requested variance 2. 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 a substantial property right as the reduced size and street frontage of the lot resulted in a condition where the existing structure was located within the required front and side yard setback area. As part of the proposed conversion of the existing structure, the applicant is removing a 5 -foot by 53 -foot portion along the eastern property line to comply with one of the side yard setbacks and associated building code requirements. To comply with the additional setback standards, the existing structure would need to be substantially modified to meet the front and street side yard setback requirements, which would render the existing structure infeasible to retain. The project has been redesigned to remove the proposed second dwelling unit, thus allowing for increased rear yard open space and the elimination of the need for a second variance for rear yard open space. 3. 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 structure proposed for conversion to residential use has existed on the property since 1983. The project has been designed to remove a 5- foot by 53 -foot section of the existing structure along the eastern property line to meet the setback standards found in the building code as well as meet the minimum side yard setback adjacent to the proposed single - family house at 1728 West Second Street. This modification addresses any potential impacts to the adjacent property by complying with the minimum side yard setbacks. The variance for a reduction in side yard setbacks on the street side does not affect surrounding properties as they are not directly adjacent to the reduced setback. 4. That the granting of a variance will not adversely affect the General Plan of the City. Resolution No, 2014 -XXX 75A -24 Page 2 of 5 The granting of this variance will not adversely affect the General Plan. The project has been re- designed to remove the second dwelling unit which makes the project consistent with Policies 3.5 and 2.10 of the Land Use Element, which support 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 industrially used 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. 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. 2014 -07 will be filed for this project. Section 2. The City Council hereby approves Variance No. 2014 -03, as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated September 2, 2014, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this day of 2014. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Ryan O. Hodge Assistant City Attorney Miguel A. Pulido Mayor Resolution No. 2014 -XXX 75A -25 Page 3 of 5 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2014 -XXX 75A -26 Page 4 of 5 Conditions for Approval for Variance No. 2014 -03 Variance No. 2014 -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 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. 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. 2. Prior to plan check submittal, revise the second floor plan to increase the size of the proposed bathroom to be more consistent with the size of the master bedroom. 3. Prior to plan check submittal, provide a roof plan. With the removal of the second dwelling unit and conversion of the bedroom on the second floor to a walk -in closet, the roofline of the new garage should be extended to reduce the flat roof portion on the newly constructed garage. Exhibit "A" Resolution No. 2014 -XXX 75A -27 Page 5 of 5 75A -28