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Minor Exception No. 2021-02 – Chilly Willy Desserts Front Yard Fence October 20, 2021 Page 3 1 8 7 1 improvement plans for upgrades the existing equipment, which were finalized in July 2021. Project Analysis Pursuant to SAMC 41-610(a)(1), front yard fences on properties along arterial streets zoned for residential and commercial use such as Fourth Street, are limited to four feet in height. The applicant has filed an application to construct a seven-foot high (maximum height) front yard fence at the subject property. Staff has reviewed the applicant’s request and is supportive of the minor exception to allow the installation of proposed fencing, as it will enhance property use, reduce illegal access to the site, and provide a safe working- environment. The site has operated as an industrial use since the original date of construction. In 2010, the City adopted SD-84, known as the Transit Zoning Code and applied an Urban Neighborhood 2 subzone to the property. This change in zoning district created a non- conforming use on the property as industrial uses, as light manufacturing would require approval of a conditional use permit. Even in 2002, when the building suffered damages from a fire and the zoning district was General Commercial (C-2) and the use was legal non-conforming. Through Section 41-682 of the Santa Ana Municipal Code (SAMC), the owner was given permits to reconstruct the building and continue the manufacturing use. Furthermore, the applicant has provided examples of neighboring properties that currently have fences in the front yard exceeding the four-foot height limit (Exhibit 5). These nearby locations also have industrial type uses on-site. Allowing the fence to exceed the four- foot height will not impact the nearby properties, as it will assimilate aesthetically with the properties along 4th Street. The purpose of the proposed fence is to prevent trespassing, reduce vandalism and burglary incidents. The property has been broken into three times since the new business moved in in 2020. Since the operation of the business is small, with two or three employees at any given time, safety concerns for employees have escalated with the break-ins. Therefore, to provide a secure environment for all employees, the applicant is requesting to install a fence to secure the project site. Moreover, the project is consistent with the General Plan Goal 2.0 of the Urban Design Element, which states that developments should be proportionally and aesthetically related to its district setting. Additionally, Goal 2.7 of the Urban Design Element states that projects must exhibit a functional, comfortable scale in relation to the neighborhood. This proposed seven-foot tall fence is in scale with existing fencing and structures in the project site’s vicinity, including the immediately adjacent property to the west that has a concrete block wall over four-feet in height at the property line. Staff is supportive of the applicant’s request for the proposed fencing improvements.