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HomeMy WebLinkAboutRESO2021-01_3220 S BRISTOLResolution No. 2021-01 Page 1 of 7 RESOLUTION NO. 2021-01 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2021-01 AS CONDITIONED TO ALLOW CONSTRUCTION OF A SEVEN-FOOT HIGH FRONT YARD FENCE ON THE PROPERTY LOCATED AT 3220 SOUTH BRISTOL STREET 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. Marilyn Warren, representing The Pacific Telephone and Telegraph Company (dba AT&T) (“Applicant”) is requesting approval of Minor Exception No. 2021-01 to allow the construction of a seven-foot high fence in the required front-yard setback at the property located at 3220 South Bristol Street. B. The applicant is proposing to construct a seven-foot high fence to provide for the health, safety, and welfare of their employees and the public. In addition, during the past year, the subject site has had 11 Code Enforcement cases related to transient encampments, litter, and graffiti. These cases have resulted in an inordinate amount of City resources being spent to address these issues. C. In addition, telecommunication facilities, such as the building at 3220 South Bristol Street, contain critical and costly infrastructure for emergency responders and telecommunication services which are important to secure for the health, safety and welfare of the general public. D. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-632(a)(3)(i), approval of a minor exception is required to allow construction of a fence taller than four (4) feet in the front-yard setback if a property is zoned for commercial or industrial use. E. Minor Exception No. 2021-01 came before the Zoning Administrator of the City of Santa Ana on July 7, 2021, for a duly noticed public hearing. F. For Minor Exception No. 2021-01, the Zoning Administrator of the City of Santa Ana determines that the following findings have been established as required by SAMC Section 41-638(a)(2): 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the Resolution No. 2021-01 Page 2 of 7 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 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 the zoning code. The site is approximately 2.9 acres and contains a building used as a telecommunication switching facility, which has unique façade and operational characteristics that are not typical of other commercial uses along Bristol Street. The site is adjacent to railroad tracks and no public access is provided to the facility. Since minimal daily traffic occurs on the site, it is a target for nuisance activity such as trespassing, graffiti, and litter. A four-foot high fence would not preclude trespassing. The purpose and intent of the fence code requirement is to prevent a “fortress-like” appearance along the street frontage in commercial and industrial areas; however, the size and scale of the proposed fence is compatible with the use and building on site and would allow for visibility into the site. Additionally, site improvements such as landscaping and rehabilitating the building façade will enhance the visual appearance of the site’s frontage. 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. Granting 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 without vandalism and vagrancy. Therefore, a seven-foot high fence at the property line is needed to provide adequate security. Further, the view of the building will not be obstructed as it has been designed to maintain visibility into the site as required by the Police Department and Orange County Fire Authority. 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 (wrought iron) fence will be built to complement the existing building, and will not be located on adjacent properties. In the past year, the subject site has had 11 Code Enforcement cases related to transient encampments, litter and graffiti. Granting the minor exception will secure the site from nuisance activities and improve public welfare and safety. Resolution No. 2021-01 Page 3 of 7 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 Goal 3.0 of the Urban Design Element, which is to create and maintain a pleasant travel experience and strong orientation to the community through coordinated on-site and streetscape design. In conjunction with the proposed fence, the building façade will be painted and new landscaping will be installed to meet the requirements of the M1 Light Industrial zoning district and enhance the street frontage. Policy 1.4 of the Urban Design Element states development and other design features that prevent loitering, vandalism, graffiti, and visual deprivation are to be included in all projects. The proposed seven-foot high fence and additional site improvements will ensure that the site is secure, and prevent graffiti and vagrancy. G. 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 CEQA Guidelines Section 15303, which pertains to New Construction or Conversion of Small Structures. This Class 3 exemption applies to accessory (appurtenant) structures, including fences. Based on this criteria and staff analysis, Categorical Exemption Environmental Review No. 2021-69 will be filed for this project. Section 2. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Resolution No. 2021-01 Page 4 of 7 Section 3. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Minor Exception No. 2021-01 as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 3220 S. Bristol Street. This decision is based upon the evidence submitted at the above hearing, which includes, but is not limited to: The Request for Zoning Administrator Action dated July 7, 2021, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 7th day of July, 2021. _______________________ Ali Pezeshkpour, AICP Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ John M. Funk Sr. Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Sarah Bernal, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2021-01 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on July 7, 2021. Date: ________________ ____________________________________ Clerk of the Zoning Administrator City of Santa Ana 07-07-2021 Resolution No. 2021-01 Page 5 of 7 EXHIBIT A Conditions of Approval for Minor Exception No. 2021-01 Minor Exception No. 2021-01 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. 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. 3. Prior to submittal to the submittal for building plan check or concurrently with the submittal to building plan check, the applicant shall apply for an encroachment permit to the Public Works Agency. Should the encroachment permit be approved by the Public Works Agency, prior to the issuance of a building permit the design of the fence shall be revised to install the egress gates at the property and eliminate alcoves within the fence design. 4. Within 60 days of the approval of Minor Exception No. 2021-01 the applicant shall apply for a building permit, as deemed necessary by the Building & Safety Division and the California Building Code requirements for the following improvements. In addition, the following improvements shall be installed or completed within 180 days of building permit issuance for: a. Construction of the proposed seven-foot high wrought iron fence along Bristol Street, , in full accordance with the City’s Design Guidelines. b. Removal of the obsolete building door and replacement with brick. c. Remove and replace the existing chain link fence with slats between the north end of the building and the north property line and replace it with a new fence. d. Repaint the front of the building, including the building elevation, block wall and planter walls along Bristol Street with anti-graffiti coated paint including painting the six pane storefront window or remove and replace the storefront windows. Resolution No. 2021-01 Page 6 of 7 5. Prior to issuance of a Building Permit for the proposed fence, the applicant shall submit a landscape plan to the Planning Division for review and approval. Plans shall comply with the City’s Water Efficient Landscape Ordinance (WELO) and Guidelines, if applicable and M1 Light Industrial front yard landscape standards. The landscape improvements shall be installed or completed within 180 days of permit issuance. 6. In the event a Building Permit is not required, all such details required in the conditions listed above shall be shown on the landscape plans. 7. Prior to Certificate of Occupancy issuance, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Maintenance Agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, Resolution No. 2021-01 Page 7 of 7 publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the Maintenance Agreement and both shall be jointly and severally liable for compliance with its terms. (f) The Maintenance Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the Maintenance Agreement. (g) The Maintenance Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City.