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RES-9942 Denying Tentative Parcel Map VarianceRESOLUTION NO. 9942 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE DENYING TENTATIVE PARCEL MAP NO. 2004-226, DESIGN REVIEW COMMITTEE NO. 3935-04, AND VARIANCE NO.2127-04 SEEKING A VARIANCE FROM THE CODE FOR LOT AREA, LOT DEPTH, FRONT YARD SETBACK, AND GARAGE SETBACK FOR THE PROPOSED DEVELOPMENT OF TWO SINGLE FAMILY HOMES ON TWO (2) SUBSTANDARD PARCELS CREATED FROM SIX (6) REMNANT PARCELS LOCATED AT 2220 EAST DANA AVENUE, AND 226, 230, 236, 242, 246 NORTH SACRAMENTO STREET APPLICANT: GAMALIEL VASQUEZ WHEREAS, the applicant's properties are located at 2220 East Dana Avenue, and 226,230, 236, 242, 246 North Sacramento Street; and WHEREAS, Tentative Parcel Map No, 2004-226 was filed by the applicant to consolidate the aforementioned six remnant parcels into two parcels; and WHEREAS, Variance No. 2127-04 is related to the creation of the two new residential parcels, seeking a variance from the code for lot area, lot depth, front yard set back and garage set back; and WHEREAS, Variance No. 2127-04 was filed by the applicant in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Variance No, 2127-04 was processed in the time and manner prescribed by State and local law; and I WHEREAS, the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), per State CEQA Guidelines, Guidelines Section 15332,Class 32 New In-fill development) and Section 15305 (Class 5 Minor Alterations in Land Use Limitations); and WHEREAS, the City Council of the City of Orange held a hearing on January 25,2005, to discuss the project upon the property described NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that Variance No. 2127-04, Design Review Committee No. 3935-04, and Tentative Parcel Map No. 2004-226 to allow deviation from the minimum Single-family development standards in the Rl-6 zone, as to lot area, lot depth, front yard setback and garage setback are hereby denied based on the following findings:SECTION I 1. That because of special circumstances applicable to 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 enjoyed by other properties in the vicinity and under identical zone classification,Each of the six parcels is not developable as they standalone; however, the applicant proposes to consolidate them into two parcels with a parcel map. Staff met with the applicant during the Cal-Trans sale process and advised him of the development standards for 1. the site. The applicant was aware of the zoning on the property and property constraints as to shape and dimensions on the remnant parcels purchased from Cal- Trans. Staff advised the applicant that single-family properties, as well as infill projects, within the area under the same zoning classification have developed according to adopted Development Standards without the granting of variances.The two proposed parcels do not meet the minimum Development Standards for the R-1-6 zone:Lot 1 (northern parcel) reduced lot area of 5,184 rather than the required 6,000 sq. ft., lot depth of 55' - 6" rather than the required 100 ft. depth;reduced front yard setback of 11' - 5" rather than the required 20 ft., and 11' - 5" garage setback rather than the required 20 ft.Lot 2 (southern parcel) reduced lot depth from 72' -6" to 0' rather than the required 100 feet, front yard setback of 10' rather than the required 20 ft., and 10'- 4" garage setback rather than the required 20 ft.The granting of the variances would create an exception that does not exist in the surrounding neighborhood since the other properties in the neighborhood were developed in compliance with the existing Development Standards. Combining these various adjustments together the project would create two substandard lots,which would be out of character with the surrounding area and a granting of an exception since the other sites meet the Development Standards. Such adjustments would be inconsistent with other surrounding properties Strict application of the Development Standards would not deprive the applicant from the same privileges enjoyed by the surrounding property owners uncler the same zoning classification since the six parcels could be consolidated into one parcel and meet the applicable Development Standards. I 2. That the variance granted shall be subject to such conditions which will assure that the authorized adjustment shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is located. The surrounding properties were developed within the required Development Standards for the R-I-6 zone without variances to the code. There are no other substandard lots within the surrounding area. The development of two one-story, single-family residences on substandard parcels would be out of character for the existing neighborhood. Nothing deprives the applicant from developing the property with one single-family residence and an accessory second unit on the single property. Therefore, granting the Variances would constitute the granting of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is located.SECTION II The applicant proposes to create two (2) substandard parcels from six (6) eXlstmg remnant parcels. The City Council finds and declares that the creation of substandard parcels is unacceptable when the applicant has the ability to create a parcel that conforms to the existing development standards and to those parcels in the surrounding neighborhood. Therefore,Tentative Parcel Map No. 2004- 226 to is hereby denied,SECTION III The City Council finds that the proposed infill residential development is not compatible with the scale, massing, orientation and articulation of the surrounding development due to the substandard size of the parcels and therefore would not preserve or enhance existing neighborhood character. Accordingly, Design Review Committee No. 3935-04 is hereby denied.ADOPTED this 22nd day of ATTEST: 1 hy, City Clerk, Ci range I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 22nd day of February, 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None Zc ge 4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: j. STATE OF CALIFORNIA DEl: AATMENT OF TRANSPORTATION 3337 Michelson DrloJ~ Suite 380 Irvine, CA 92616,8894 Recorded in Official Records, County of Orange TomDalll, Clerk-Recorder 1II1J11111/ mll/111 111/1111 11m llilllm 111111111111111111112 .00 200300090923812:06pm 07/30/0311587002408 123.20 123.20 0.00 0.00 6,00 0.00 0.00 0.00IATTN' AN( E._ ""' Map No: F'162H lA (09/07/2001) RWPE: C Smythe Written: CS Check: MS DIRECTORIS DEED District 12 Coun ROUI.Post Number Orange 5S 22.4KP nDIOI332.01.01 The STATE OF CALIFORNIA, acting by and through Its Director 01 Transportation, does hereby grant toGAMALIELVASQUEZANDBARTHAVASQUEZ all that real property In the Cltv 01 Oranae. County 01 Oranae State of Gal/lomia, described as: Parcel No. DD 101332-01- 01 r That portion of Lots 26 through 32 inclusive of Tract No. 7053 in the City of Orange, County of Orange, e ~State of California, as per a map filed in Book 267, Pages 34 through 36 of Miscellaneous Maps in the office g ~of the County Recorder of said county, lying easterly of the fOlloWing described line: 1>.1 Beginning at the intersection of the southeasterly line of Lot 20 of said Tract No. 7053 and a lineparallel'i with and 50,000 meters northerly of the southerly line of Lot 14 in Block F of the A. B. Chapman Tract, asrl !S,per a map of survey by Frank Lecouvreur in December, 1870 and filed in Book 102, Page15 o'Jl i'Miscellaneous Maps in the office of the County Recorder of said county; thence along saidparallelIin;: ': ~North 88058'49" \Vest, 6.960 meters; thence North 02021'47" East, 81.334 meter~ to the beginningofiE~~tangent curve concave westerly and having a radius of 134.600 meters; thence northerly along the arcofsaidcurvethroughacentralangleof27032'54" a distance of 64.717 meters; thence North 25014'43" West,36.244 meters; thence North 27017'08" West, 40.045 meters; thence North 13002'28" West, 38. 013 meters JgOint on the easterly line of Lot 32 of said Tract No. 7053, said easterly line being a curve witharadius5.240 meters and said point being distant thereon SOUth~rlY 3.278 mete.r s along said curvefrom th.e most L TAX ,Gamaliel V~s9uez & Bartha Vasquez". DEC~~A': J 7RANSFER TEMENTS TO. 1520 S. PaCifiC Avenue, #B ' , ,,','~__,Santa Ana, CA 92704.'L/'__ COMPUTeD ON FULL VA,] '1'= (',::- P~ OPERTY CONVEYeD, OR,COMPlITEDON fULL ".' '}Ce' "SS LIENS' ANO ENCUMBRANi. 'L' :i', ~ ';'\Il.ING AT TNI I,';; NATURE M OECLARM.'. . A~E:N -FIRM NAME Page lof4 Exhibit " A" northeasterly comer of said Lot 32. There shaIl be no abutter's rights of access appurtenant to the above described real property in and to the adjacent State freeway. The bearings and metric distances in the above description are based on the California Coordinate System of 1983, Zone 6,1991.35 Epoch. Multiply all metric distances used in the above description by 1.00001919 to obtain ground level distances. Attached thereto and made a part thereof is a map entitled Exhibit "A". This map is for informational purposes only and is subordinate in all interests and respects to the above description. This real property description has been prepared by me, or under my direction, in confonnance with the Professional Land Surveyor's Act. Signature Q Colin W. Smythe, P.L.S. 6401 Date Cj-,. '2.00 \ 4:":' Page 2 of 4 Form RW 6-I(S) (Revised t- S6';~> 8/,r",--- -"\ C I T Y ~OANA AVENUE ~l- I \ 0"176.03'30"T R ~ \ r: \ R'15. 240m L-46.829m U') r \u,~ Sr::E DETAIL "A'b"28'o4'28"t.\. ..0 7..7..,?1-.-\. I R"G.096m 1,\"' i,61<\ \,-;; ~ "j 0 L'13. 627m 26. ",,, J\ "1512y:--~3 J ;" t,~ I. 22:?~" 0 I'>A21<\ 'on 0" ':1.7..- _ 3 0 Z I 0\ 5 I I - I S'. \ 0' ,>2"~,7.."...l\ 1~. ';,>1'>1<\ W ~'",,"' V2' ? C\76' 1 '2) ,W"'" \ rv- ~"~ rIQ}~IOY ~l..... l...- . ~ \ - ? A~.I'J>1 , '. \~?~" ;"i"t ~ ~LL . ." 7..'- '{""" CPl.\ 1 \\ ~l 8 ~ ~ L[) " ~ ~ 4 L[) '<@: 1509'SY3.,8Im'1- /2"~'22 ,,' l.\1.., '~61<\d> , ' ' ' . 2~' \ 3. 825m JVJ JV}'" ? B\7 /~~ 4 1 ~133\) '\-::, ',,--SEE DETAIL "8"l 7 ", ' ' ' '~~ ~ c::.. "!: l7..\\"" ''1-.~ ",./"0... 'i:~"t '" B~. \ l.~~~--.;;~1\.0\A1l1\? b--: .....---~~~'-..Ol'>'<, RAN G E IOI332-~, ,,~- 0,<, 2 1\''/ J:" AA~-O~__I. L' O.910m E ono o L- 3.278m \ DANA \3 2 ~ R- 15. 2- 1Om \AVENUE\101513- 1 : E. L- S. 286m I o : dJ : 2. 208m : NO t 2," j2"E..1,.2 '&~~ too o !' I ~ (g 0'2. ~ 3 J ~ ~ SCALE \ ~~@15Ii? Jj~ OETAIL " A" - /NOT TO SCALE 00101332 01- 01 E r--Q)E on on 7 053m E N d>on d>0:::00::: CLl/) S W Z Wll STATE RETAINS ACCESS RIGHTS EN on OF 7 @333~ d,,~ I )' 2.\\ fI.. 0. AA1<<' '\. O"~' 2." i.. ~~ . 2.' 2. - 4db-I ",1 "@'1332: Dif 1 I 0 6'. I 0 ~ B~; I DETAIL " 8" ~.... /3 4 ~ 3 bNOT ~~,,=:.~.~.~.__,,;--/o I- Z w 20::U U')ex:EXHIBIT " A"This map is In all Page 3 of 4 for Informational purposes only and Is respects to the attached description. 00101332- 01- 01 subordinate Number DD- Hl1332-01-01 Subject to special assessments if any, restrictions, reservations, and easeme. nts of record.This conveyance is executed pursuant to the authority vested in the Director of Tran.~portation by law and, in particular, by the Streets and Highways Code,WITNESS my hand and the seal of the Department of Transportation of the State ofCalifornia, this 5C'L 1 . WQJ. .STATE OF CALIFORNIA DEPARTMENT OFTRANSPORTATIONt}2. 7 day of JEFF MORALES Director of Transportation By STATE OF CALIFORNIA 88 Attorney in Fact PERSONAL ACKNOWLEDGMENT Conntyof 5.'/NJ 8U<)( I1It.{)INc/On thisthe li -4ay of :T..r L t 2003.beforeme.JI.,<.1I<:tc..., 7?OO/ 216\ J€'<?'6 /1:./.'1/ i/r.. E"~ T Name, Title ofOfficer.,E. ., "Jane Doc. Notary Public"personaUyappeared r.:&:;)tZr~~ L, p, ~ I< ;:)rt.Name of Signer personally known to me r91'1II. Ie "0:1? QA t~f l1tlrit tiC IIYSfalil! Bp) ....hIIfUIl to be the person whose name is subscribed to the within instrument aDd acknowledged to me that ~ b~ executed the same in _ hlsAter-authoriud capacity, and dlltby __ histls=.s1goaturc on the instrument the person, or the entity upon behalf of which the person acted. executed the instrument,WITNESS my hand and official seal. L @ MAURICE RODRIGUEZ_00 COMM. # 12635.27 (NOTARY PUDUC . CAUFDRNIA ,I- 'AN ernNARnlNO COONTV ,A.'C...' ~pll"'fMlly122004- Of notw) RIll Ofllemp) THIS IS TO CERT]FY, That the California Transportation Commission has authorized the Director of Transportation to execute the foregoing deed nnder provisions of CTC RESOLUTION #G-98-22, approved on October 28, ]998,amending RESOLUTION #G-02 P TAINING TO SALE OF EXCESS PROPERTY.J>aled this :;l- ' t ___-,__, 2003_. fi~~ v STATE OF CALIFORNIA' DEPARTMENT 0 TRANSPORTATION USE FOR SALES DELEGA TED TO DISTRICT Form RW 6-1(S&T> (Rev, 7/