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• a 24-inch high solid base, in and of itself, will not guarantee any greater enjoyment than which is permitted by code. 3. That the granting of a minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a minor exception will be detrimental or injurious to the surrounding properties due to an appearance that is incompatible with the existing fences of the surrounding properties. Goal 2.7 of the Urban Design Element states that projects must exhibit a functional, comfortable scale in relation to the neighborhood. The majority of the neighborhood consists of legal non- conforming fencing, which exceeds the 36-inch maximum height. These non-conforming fences are a mix of chain link, block, and wrought iron fencing materials. Approving the minor exception would cause the neighborhood to become more non-conforming. 4. That the granting of a minor exception will not adversely affect the General Pian of the City. The requested minor exception will adversely affect the General Plan, as it has a negative impact on the goals and • policies expressed in that document. Goal 3.5 of the Urban Design Element Policy Plan is to encourage residential alterations that are consistent with the architectural character of the neighborhood. Forty-two inch high pilasters, with a 24-inch high solid base are inconsistent with the existing neighborhood. The existing neighborhood consists of legal non-conforming front yard fencing. D. In accordance with the California Environmental Quality Act, the proposed project is Statutorily Exempt. No further environmental review is needed. Environmental Review No. 2004-201 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby denies Minor Exception No. 2004-07. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Zoning Administrator Action dated September 29, 2004, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 29th day of September, 2004. Resolution No. 2003-38 Page 2 of 3