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HomeMy WebLinkAboutRESO 2018-11_123 N JACKSON STREETLS 3.12.18 RESOLUTION NO. 2018-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2018-03 (A-E) TO ALLOW THE CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE WITH A DETACHED TWO - CAR GARAGE WITH DEVIATIONS TO LOT SIZE, LOT FRONTAGE, LOT COVERAGE, REAR YARD ENCROACHMENT, AND OFF-STREET PARKING FOR THE PROPERTY LOCATED AT 123 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. YNG Architects, representing Alexander Dantes, LLC (Applicant) is requesting approval of Variance No. 2018-03 (A-E) to allow the construction of a 1,139 -square foot single-family residence with a detached two -car garage on a vacant substandard lot with deviations from lot size, lot frontage, lot coverage, rear yard encroachment, and off-street parking for the property located at 123 North Jackson Street. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, the Planning Commission is authorized to review and approve variances from the development standards set forth by the Santa Ana Municipal Code. C. Variance No. 2018-03 (A-E) came before the Planning Commission of the City of Santa Ana on March 12, 2018, for a duly noticed public hearing. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a Variance pursuant to SAMC Section 41-638, have been established for Variance No. 2018-03 (A-E): 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 the provisions of this Chapter. Resolution No. 2018-11 Page 1 of 4 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 Santa Ana. The lot was legally subdivided and is therefore legally nonconforming. The lot size creates difficulties in designing a functional site plan without deviating from the development standards imposed by the subject zoning district. Without all of the variances, the property cannot be developed. Furthermore, the adjacent lots are already developed which makes it impossible for the site to be enlarged. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of each of these variances 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 the lot would remain vacant. The proposed project maximizes the developable area while minimizing impacts, if any, to the adjacent lots. The granting of the multiple variances will preserve the property owner's ability to develop a vacant lot with a use that is allowed in the (R-2) Two -Family Residence zoning district and will provide new housing opportunities to people wishing to move into the City. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variances will not be detrimental to the public or surrounding properties. The project has been designed to be architecturally integrated and compatible with the neighboring houses and therefore will not be detrimental to the public welfare or injurious to the surrounding properties. Further, the granting of the variances will allow the development of a vacant site and allow full use of the property. 4. That the granting of a variance will not adversely affect the General Plan of the city. The project will not adversely affect the General Plan, but rather supports its goals. Goal 1 and 2 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. The project complies with the majority of the (R-2) Two -Family Residence zoning district standards and addresses basic Resolution No. 2018-11 Page 2 of 4 community needs such as additional housing opportunities which enhance the City's economic and fiscal viability. In addition, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The project will be located on a site surrounded by residential uses and will be compatible with the surrounding single family structures. Lastly, Policy 1.3 of the Housing Element supports a complementary mix of land uses that improves the character and stability of neighborhoods. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is exempt from further review pursuant to Section 15303 (Class 3 "New Construction or Conversion of Small Structures"). Class 3 Categorical Exemption allows for the construction of new, in -fill single-family residences in a zone which permits residential land uses. Based on this analysis, a Notice of Exemption for Environmental Review No. 2018-05 will be filled for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2018-03 (A-E) for the project located at 123 North Jackson Street. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 12, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 12'h day of March 2018 by the following vote: AYES: Commissioners: BACERRA, CONTRERAS-LEO, MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (6) NOES: Commissioners: NONE ABSENT: Commissioners: ALDERETE (1) ABSTENTIONS: Commissioners: NONE Mark McLoughlin— �- Chairman Resolution No. 2018-11 Page 3 of 4 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-11 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on March 12, 2018. Date: 3l i2�1 Recording Secretary Resolution No. 2018-11 Page 4 of 4 3