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n LJ 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The denial of this minor exception will not impact the rights of the property owners to enjoy use of their property. The construction of a six-foot tall fence will not guarantee any greater enjoyment than which is permitted by code. Additionally, the lot measures approximately 15,000 square feet and is two and one-half times the size of a typical lot size in Santa Ana. The existing private open space located in the rear yard would allow for substantial private open space and not necessitate the need to enclose the front yard for private open space purposes. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a minor exception will be detrimental to the surrounding properties due to the fortress type fence appearance that is aesthetically incompatible with the immediately adjacent surrounding properties. The existing large prevailing front yard setback provides enhances the visual character of the neighborhood. A six-foot tall fence will be a visual and physical obstruction within the existing prevailing setback pattern of the neighborhood. 4. That the granting of a variance will not adversely affect the General Plan of the City. Goal 3.5 of the Land Use Element Policy Plan is to encourage residential alterations that are consistent with the architectural character of the neighborhood. The proposed solid six-foot tall fence is not consistent with this stated land use policy, as the solid structure would negatively detract from the large open front yard development pattern that exists. As a result, the proposed fence would have an adverse affect on the architectural character of the neighborhood. F. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review as section 15303 (e) exempts the construction of front yard fences. Categorical Exemption Environmental Review No. 05-134 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby denies Minor Exception No. 2005-06. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated August 22, 2005, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2005-66 Page 2 of 3