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HomeMy WebLinkAbout1 - ME 2019-02A-1 A-2 A-3 This page left blank intentionally. A-4 EXHIBIT 1 A-5 This page left blank intentionally. A-6 Resolution No. 2019-xx Page 1 of 5 LS 4.10.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2019-02 AS CONDITIONED TO ALLOW A FOUR FOOT HIGH FRONT YARD FENCE AT THE PROPERTY LOCATED AT 1105 SOUTH FLINTRIDGE DRIVE BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Dr. Long Nguyen (“Applicant”) is requesting approval of Minor Exception No. 2019-02 to allow the construction of a four (4) foot high fence within the front yard setback area of the property located at 1105 South Flintridge Drive, a non-arterial street. B. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-610(a), approval of a minor exception is required to allow a fence higher than three (3) feet if a property is located on a non-arterial street. C. Minor Exception No. 2019-02 came before the Zoning Administrator of the City of Santa Ana on April 10, 2019, for a duly noticed public hearing. D. For Minor Exception No. 2019-02, the Zoning Administrator of the City of Santa Ana determines that the following findings have been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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. There are special circumstances applicable to the subject property where the interpretation 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 the zoning code. The purpose and intent of the code requirement is to prevent a “fortress-like” appearance in residential areas; however, the size and scale of the proposed fence is compatible with the residence and similar fences in the surrounding neighborhood. The proposed four-foot tall fence would complement the size and scale of this structure. A-7 Resolution No. 2019-xx Page 2 of 5 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the minor exception is necessary for the preservation and enjoyment of substantial property rights as approval of this minor exception maintains the rights of the property owners to utilize their property as other residential property owners and to have a private and secure usable yard area. Since the subject lot is a corner lot, the fence is required to be constructed ten feet from the side yard property line which would not optimize the private and secure usable area. 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 this minor exception will not be detrimental to the public or surrounding properties as the proposed front yard fence will be designed to complement the residence in terms of material and style. Further, the view of the residence will not be obstructed as it has been designed to maintain visibility into the site as required by the Police Department and Fire Authority. 4. That the granting of a minor exception will not adversely affect the General Plan of the City. The project will not adversely affect the General Plan as the proposed minor exception is consistent with Goals 1, 2 and 3 of the Land Use Element of the General Plan. These goals encourage the development and occupation of single-family residences. Policy 1.4 supports the development of single-family residential lots, Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area, Policy 3.1 supports development which provides a positive contribution to neighborhood character and identity, and Policy 3.5 encourages new development and/or additions to existing development that are compatible in scale, and consistent with the architectural style and character of the neighborhood. Further, Goal 2.0 of the Urban Design Element states that new development should be proportionally and aesthetically related to its district setting. The proposed fence is proportional for a residential area and to the residence. Goal 2.7 of the Urban Design Element states that projects must exhibit a functional, comfortable scale in relation to the neighborhood. This proposed fence is in scale with existing fencing and structures in the neighborhood. A-8 Resolution No. 2019-xx Page 3 of 5 E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act (CEQA). The project is exempt from further review pursuant to Section 15303. This Class 3 exemption applies to projects consisting of construction and location of limited numbers of new, small facilities, or structures of up to 10,000 square feet in floor area insofar as the project and site meet the following criteria: that the project site is zoned for such use, that the project not involve the use of significant amounts of hazardous substances where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive; and applies to accessory structures such as garages, carports, patios, swimming pools and fences. Based on these criteria and staff analysis, Categorical Exemption Environmental Review No. 2019-26 will be filed for this project. Section 2. 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 3. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Minor Exception No. 2019-02 as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 1105 South Flintridge Drive. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: The Request for Zoning Administrator Action dated April 10, 2019, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10th day of April, 2019. _______________________ Ali Pezeshkpour, AICP Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney A-9 Resolution No. 2019-xx Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jocelyn Magalona, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on April 10, 2019. Date: ________________ ____________________________________ Clerk of the Zoning Administrator City of Santa Ana A-10 Resolution No. 2019-xx Page 5 of 5 EXHIBIT A Conditions of Approval for Minor Exception No. 2019-02 Minor Exception 2019-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this minor exception. The Applicant must remain in compliance with all conditions listed below throughout the life of the minor exception. Failure to comply with each and every condition may result in the revocation of the minor exception. A. Planning Division 1. All proposed site improvements must conform to the plan attached to this minor exception, except as modified in the conditions of approval. 2. Any amendment to this minor exception must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the minor exception must be amended. A-11 This page left blank intentionally. A-12 EXHIBIT 2 A-13 This page left blank intentionally. A-14 3/28/2019 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html#1/1 Minor Exception No. 2019-02, Dr. Nguyen Front Yard Fence1105 South Flintridge Drive Exhibit 2 - Vicinity Zoning and Aerial View © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet A-15 This page left blank intentionally. A-16 EXHIBIT 3 A-17 This page left blank intentionally. A-18 A-19 This page left blank intentionally. A-20