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Home My WebLink About31A - 1261 HALLADAY STREET ../ REQUEST FOR COUNCIL ACTION ~~~ ril.~} .\ ~~~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 5, 2005 TITLE: MINOR EXCEPTION NO. 2005-05 TO PERMIT A FENCE THAT EXCEEDS THE FRONT YARD FENCE REQUIREMENT AT 1261 HALLADAY STREET - MARIA ZARATE, APPLICANT APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For / -:~/ 22 I /1 /,. ./-,/ :",' " ,// , , c;L.;/i [,./1:</ ~/' / < ,~'-'------ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report denying Minor Exception No. 2005-05. PLANNING COMMISSION ACTION On June 13, 2005, the Planning Commission denied Minor Exception No. 2005-05 by a vote of 4:2 (De La Torre and Nalle opposed, Leo absent) to allow relief from the height requirement for a constructed front yard wrought iron fence in the Single-Family Residential (R1) zoning district at 1261 Halladay Street. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A) . FISCAL IMPACT There is no fiscal impact associated with this action. ( ~=l~ / CfciyM. Trevino ~cutive Director Planning & Building Agency BSP:rb bsp\staff reports\meOS-OS,cc 31A-1 REQUEST FOR Planning Commission Action ~-~-~~" /. ~\ i \ ~~~~ ,.,/ (\Uca110n 1 . --, /;-.~-,"t; !>.(/\ ..., - , ; PLANNING COMMISSION MEETING DATE: JUNE 13, 2005 TITLE: PUBLIC HEARING - MINOR EXCEPTION NO. 2005-05 TO PERMIT A FENCE THAT EXCEEDS THE FRONT YARD FENCE REQUIREMENT Prepared by Bob St. Paul ~~:'2irector RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED D As Recommended D As Amended D Set Public Hearing For DENIED D Applicant's Request D Staff Recommendation CONTINUED TO ~~p~~F Adopt a resolution denying Minor Exception No. 2005-05. Zoning Administrator Action Referred to the Planning Commission pursuant to Santa Municipal Code (SAMC) Section 41-641 at its May 4, 2005 meeting. DISCUSSION Request of Applicant Maria Zarate is requesting approval of Minor Exception No. 2005-05 to legalize wrought iron fencing exceeding the 36-inch maximum height for front yard fences on non-arterial streets for the property at 1261 Halladay Street. Property Description The General Plan land use designation Residential (LR-7), and is located within zoning district. The property is located Hickory and Cedar Streets. The proj ect family house and an attached garage. single-family residential homes to the (Exhibits 1 and 2) . EXHIBIT A 31A-2 for this site is Low Density the Single-Family Residence (R1) south of McFadden Street between site is improved with a single- The property is surrounded by north, south, east and west Minor Exception No. 2005-05 June 13, 2205 Page 2 Project Description The project involves the unpermitted construction of a 48-inch high wrought iron fence within the front yard setback. The wrought iron fence construction includes four-inch spacing between the bars with circular design features incorporated into the top of the fence (Exhibit 3). The fence extends 77 feet along the north side property line, continues approximately 47 feet along the front property line, and 25 feet along the south property line, enclosing the front yard (Exhibit 4). Analysis of the Issues Section 41-610 of the Santa Ana Municipal Code requires a permit for the construction or repair of any front yard wall or fence. The issue pertaining to this proposal was the unpermitted construction of a 48-inch high wrought iron fence in the front yard setback. On February 2, 2005, the property was cited for the construction of the fence without the benefit of a permit (Exhibit 5). The request for application RF-2005-15- RF was denied by the Planning Division on February 15, 2005 (Exhibit 6). Section 41-610 (a) (2) limits the maximum height to 36 inches. The constructed fence exceeded the 36 - inch maximum height for front yard fences on non-arterial streets. These restrictions were implemented based on concerns related to community aesthetics and access for emergency personnel. At the May 4, 2005 Zoning Administrator hearing, the applicant requested approval of the minor exception to legalize the fence at the present height of 48 inches. The Zoning Administrator considered a height relief of 42 inches similar to other considerations granted through preVlOUS minor exceptions i however, the appl icant indicated that she wanted the fence at the current height. Pursuant to SAMC 41-461, the Zoning Administrator may continue the hearing to a scheduled meeting of the Planning Commission if the request for a minor exception is of magnitude as to be of special interest to the people of the City of Santa Ana and the Planning Commission. Although the code specifically limits maximum fence height, the minor exception process provides an opportunity for relief from this requirement based on demonstration of hardship. In this case, no special circumstances exist to allow relief from the code for an increase in fence height. In an attempt to reduce the new construction of fences that are intrusive and detract from the character of the neighborhood, it is recommended that the strict application of the code be applied in this instance. Therefore, it is recommended that the Planning Commission deny Minor Exception No. 2005-05 (Exhibit 7). 31A-3 Minor Exception No. 2005-05 June 13, 2205 Page 3 CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project is Statutorily Exempt. No further environmental review is needed. Environmental Review No. 2005-31 will be filed for this project. BSP:JM ~~ Bob St. Paul Associate Planner I bsp\staff reports\meOS-OS,pc 31A-4 M1 M1 iD1~. " i MCFADDEN M1 ~ o z <( a: (!J M1 il M1 M1 B EDINGER AV, C1 M1 M1 POMONA ST R3 ~ C2 ;D 50-69 ~ ~ ST ANDREW PI. 50-69 M1 Al -B C-SM Cl Cl-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM, COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC Ml M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT 1m ~...,~ ME 05-5 MS. MARIA ZARATE 1261 SOUTH HALLADAY STREET 1" = 1000 FEET P LAN N N G AND BU LD EXHIBIT 1 31A-5 N G Rl R2 R3 R4 RE SD SP SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN A 6V' - = 500 FEET AGE N C Y .... w w a: .... en -.J \ "l: - -.J "l: \ f-- \ - ~ f-- .. ~ Cl Lu - I..J C/J - C/J Lu Lu CI: CI: >- >- -.J -.J - - ~ ~ "- lJ... lJ... Lu Lu -.J -.J ~ ~ ~ - '> C/J - C/J > a: o ::.:: 2 ::J: -.J -.J "l: f-- "l: ~ -.J Cl C/J .... W .... Lu ~ W W a: f-- w .... a: >- en .... en -.J Cl Lu Cl "l: lJ... C/J Lu C/J Lu -.J ~ CI: ~ CI: C/J >- >- -.J -.J -.J "l: - ~ f-- ~ "l: Lu "l: Cl lJ... lJ... C/J CI: Lu >- -.J Lu -.J ~ ~ a: ~ c "l: <C <C lJ... ~ C ~ ..J ..J W <C ~ 0 ::J: -.J ~ ~ C/J C/J ~ ~~ ME 05-5 MS. MARIA ZARATE 1261 SOUTH HALLADAY STREET PLANNING AND BUILDING AGE N C Y EXHIBIT 2 31A-6 A ,g(' Maria Zarate 1261 Halladay St. Santa Ana CA 97202 Tel. (714) 972-2232 Cell (714) 417-0089 Single Family Residence Lot size 6018 square feet Assessor's Parcel Number(s): 014-201-13 ..j:::o. 00 4" Wrougt iron ME 05-5 ~~IA!1 EXHIBIT 4 31A-8 anoSANTA ANA PIJ. ~~l'.'U. I; KUtDl\G . . AGESn PLANNING AILDING AGENCY COMMUNITY PRESERVATION 20 CIVIC CENTER PLAZA {M19! p.o. eox '1988 ~!';~:!'; !,;~f\l 'if"l JiTii (714) 667-27&0 . NOTICE OF VIOLATION & NOTICE T2 ~!!~'t!2 ~~~~!~ N),mU~~~ ""' , ~ . _ C>z::J x______ DATE: ; , ; ! Address! Location 0 Da/e Observed' Violator Name l2..lel zooS- Assessor'sPorceINumber: 014 - 2.<5 I - I:;' tJ D.)'ublic Property F Zone: I'- i [B Privole Pro r o Male 0 Female Telephone Number Viololor Nome Residence/Mailing Address: Ci: Slate: Zi: YOU ARE IN VIOLATION OF THE FOLLOWING SANTA ANA MUNICIPAL CODE SECTIONS: Use ootpennitted in zone,SAMC 41-190(01 o A satellite dish antenna has been installed without the required Land Use Certificate (LUC) or required Building Pennit. Satellite dish antenna must not be visible from public view, SAMC 414B. 41-624: UBC 106.1: 10B,l UHC 301,303 Obtain the required LLJC and Building Perinit or remove antenna, CII11 the Planning and BuUdlng Agency ill (714) 647.5BfU for LUC lnfornulJlon or (714) 647-5BOO for Bu/lJling Permit /nfornulJlon. o D o D Pennitting grass/weeds to exist in excess of 6" above grade, SAMC 164B Any accumulation of rubbish is prohibited, SAMC 164B Landscaping not maintained (requires ground cover and water maintenance). SAMe 41-609 D o o ff o o o Trash cans remaining in public view is prohibited, SAMC 16-34 Lack of address on residence (must be 4" high, in contrasting color), SAMC B-210(kl Dilapidated or unsightly wall, fence or hedge. SAMC B-1951(c1 Prohibited fence height, No-Fee Pennit required. SAMC 41-610(a),{bl Improper occupancy of mobile bomeltrailer, SAMC 10-B9 Habitation of garage/shed, dc" is prohibited, ".is 17920.3{nl Garage must be available and accessible for the parking ofvehicle(s), SAMC 41-1303(dl o o Christmas lights or other decorative lighting must be removed, Maximum of 90 days is pennitted for temporary lighting. NEC 305-3(61: H.iS{dl Weather protection is required for rafter ends, facia boards, or wood trim, Apply exterior type paint or approved coating, H.iS 17920.3{a13), {IlJ o Windows have been installed or changed out without Building permit and must comply with code requirements, Building Pennit and inspection Required, UBC 106.1: 108.1: UHC 301: 303. o Work without pennits, The work described below requires pennits, Obtain penn its within _ days, Cover no work until inspected and approved, SAMC 106.1: SAMC 8-94 CII11 the P1Imllbtg and BuildIng Agency at (714) 647-5BOO for permlt ;nfornulJlon. Other o . (see below) REMARKS: fA Y\d (1+ C .' I :, :H -r . ) u1J ~ +\Ae ('lfi ~ J ~r 1\ tx ct..1\, +CK {.Q t'A/\ f',Q \~ P \ o..~NU !M, ()JI? (\{ +MP.lAf l'I'itlJvd,e-.- \ Notice is hereby given that all violations must be corrected within t, n ~121'S from the date of receipt of this notice. It is the responsibility of the property owner and/or occupant to notifY this office when the above~~e'been completed, You have the right to request an administrative hearing to determine the vali4ity of the violations listed and/or to show cause why you are not liable, If the violations are upheld, you will be ordered '0 abate the nuisance and all costs of enforcement and/or abatement will be assessed and will continue to accrue untir all the violations are abated, Failure 10 abate the violation(s) will result in the matter being referred to the City Attorney's Office for a court order to abate the nuisance and/or criminal prosecution, These violations are a misdemeanor offense and each day that they continue constitutes a new and separate offense. In addition to this Notice of Violation, an Administrative Citation may be issued and additional fines may be imposed, Be advised that aU interested parties and/or lien holders will be notified of this Notice of Violation, TAX WARNING: Anyone who derives rental income from housing determined to be substandard cannot deduct from State personal income. tax and bank corporate income tax interest, depreciation, amortization or taxes attributable to such substandard housing, If the violation(s) specified in this notice regarding substandard building(s) have not been brought to a condition of compliance within six (6) months from the date of this notice, notification will be sent to the Franchise Tax Board as provided in Sections 17274 and 24436.5 of the California Revenue and Taxation Code. SEE ATTACHED FEE SCHEDULE AND ANY OTHER DOCUMENTS ATTACHED This notice has been mailed/posted pursuant to Article 8 (commencing with Section] 7,] 00) of Chapter 17 of the Santa Ana Municipal Code, NOTE: A copy of this notice will be sent to the owner(s) of record for violations occurring on private property. Further information may be obtained by contacting the undersigned inspector(s) between the hours of ~ ' ~~W1~w3wed-satJMOn-Fri I acknowledge receipt of a copy of this Notice: Date: Owner{sl of Record: ~ ~ r(\ C\{\ c\ 20-1" olt-. Name(s) 12.{o I S ~C~(cUQA ~L(( Street Address I P.Q, Box ~'j (it' -hI An () (1\ cfl7 aT I q {J &> City, State, Zip ~ [/31'1 J (})lQ3 Inspector 2_1 ID Inspector ME ~i~~:9~ EXHIBIT 5 ID or (714) (010-]- .;:2.180 .. Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714) 647-5804 www.santa-ana.org APPLICATION FOR RESIDENTIAL FRONT YARD FENCE PERMIT amm~~m BmBB9a~BmBmBBEm mmmSBB 1m mmm B\B8BSBB mmm BB Be mmn Property Owner: M () .-1 fA _ ?t'1. r-a-t e Property Address: l::l C; / 1+ all o..A all sT J Applicant Name (Print): M (1 r I CI. -;: Q t-o-b p Mailing Address: I) IP I ~~ 5 T ~G ~+"- Applicant's Signature: ~ ~ PROPOSED FENCElPL.~'NTERlHEDGE IN RMATION: f~l Phone No.: 7/4-) Cf7 2-223Z. AVlGL ('A 9 ?-707 Date: 0 Z-.- 17 - 6 5 Zone: 1. 2. Height: Material: 4 ~ - I IV C 1-,- \AJ r ('i (), ~ h- +- 1'-01-"\ Arbor Information: 1. Height: 3. Width: 2. Depth: Note: A Building Permit may be required in addition to the Planning Division Residential Front Yard Fence Permit. Please contact the Building Safety Division at (714) 647-5800 for information regarding building permit requirements. SUBMITTAL REQUIREMENTS One (1) set of plans with the following information: Site Plan: Fully dimensioned site plan with all property lines, all structures, dimension of building to front property line, accurate dimensioning of the proposed front yard fence, street names, owner's name, and address of property. Drawing or photo of proposed front yard fence or arbor, including height, width, and material. STAFF USE ONLY Arterial Street: ~ D Non Arterial Street: [g-' Corner Lot: DYes IlJ..+t6 .;y) n/05: Planner: ! ~ ~ J-liA-kJ. 2nd Review: Planner. 5.h (I yYtcuy;,~ ~/1.I. 1 st Review Date: Comments: Inspector. Inspector's Comments: cm\cntr-frm\fence permit 8/0tt EXHIBIT 6 31A-10 f-F-os--tR OS~fc,o(P(R o APPROVE ~DENY FENCE PERMIT NO. Minor Exception No. 2005-05 June 13, 2005 Page 1 of 2 Findings of Fact A. 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 subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. There are no special circumstances applicable to the subj ect property where the strict interpretation of the zoning ordinance is found to deprive the subj ect property of privileges not otherwise at variance with the intent and purpose of the provisions of the zoning code. This is a standard residential lot that can construct a wrought iron fence within code requirements. B. 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 significantly impact the rights of the property owner to enj oy the use of the property. The construction of a 48-inch high wrought iron, in and of itself, will not guarantee any greater enj oyment than which is permitted by code. C. 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 may be detrimental or injurious to the surrounding properties due to an appearance that is incompatible with the existing fences of the surrounding area. Goal 2.7 of the Urban Design Element states that projects must exhibit a functional, comfortable scale in relation to the neighborhood. Although the fence material is compatible with the existing residence, the proposed fence will detract from the character of the neighborhood. EXHIBIT 7 31A-11 Minor Exception No. 2005-05 June 13, 2005 Page 2 of 2 D. That the granting of a variance will not adversely affect the General Plan 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 adj acent uses and responsive to the street classification of the neighborhood. A 48-inch high wrought iron fence is inconsistent with the non-arterial street classification and no special circumstances exist to allow relief from the code for an increase in fence height. A similar fence could be constructed with the required 36-inch height and still incorporate the proposed style of the fence. 31A-12 KO - 6/20/05 RESOLUTION NO. 2005-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING MINOR EXCEPTION NO. 2005-05 TO CONSTRUCT A FRONT YARD FENCE THAT EXCEEDS THE 36-INCH MAXIMUM HEIGHT FOR THE PROPERTY AT 1261 HALLADAY STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Minor Exception No. 2005-05 to construct a front yard wrought iron fencing which exceeds the 36-inch maximum height for front yard fences on non-arterial streets for the property located at 1261 Halladay Street. 1. The project involves the construction of 48-inch high wrought iron fence within the front yard setback. 2. The wrought iron fence construction includes four inch spacing between the bars with circular design features incorporated into the top of the fence. S. Minor Exception No. 2005-05 came before the Zoning Administrator of the City of Santa Ana for a public hearing on April 20, 2005. After conducting the public hearing, the Zoning Administrator referred the item to the Planning Commission pursuant to Santa Municipal Code Section 41-641. C. The Planning Commission held a public hearing on Minor Exception No. 2005-05 on June 13, 2005. D. Section 41-610 of the Santa Ana Municipal Code contains the wall and fence requirements, including limiting the front yard fence height to 36 inches. E. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a Minor Exception upon making certain findings which have not been established. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? 31A-13 Resolution No. 2005-15 Page 1 of 3 There are no special circumstances applicable to the subject property where the strict 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. This is a standard residential lot that can construct a wrought iron fence within code requirements. 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The denial of this minor exception will not significantly impact the rights of the property owner to enjoy the use of the property. The construction of a 48-inch high wrought iron, 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 may be detrimental or injurious to the surrounding properties due to an appearance that is incompatible with the existing fences of the surrounding area. Goal 2.7 of the Urban Design Element states that projects must exhibit a functional, comfortable scale in relation to the neighborhood. Although the fence material is compatible with the existing residence, the proposed fence will detract from the character of the neighborhood. 4. That the granting of a minor exception will not adversely affect the General Plan 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 adjacent uses and responsive to the street classification of the neighborhood. A 48-inch high wrought iron fence is inconsistent with the non-arterial street classification and no special circumstances exist to allow relief from the code for an increase in fence height. A similar fence could be constructed with the required 36-inch height and still incorporate the proposed style of the fence. 31A-14 Resolution No. 2005-15 Page 2 of 3 F. In accordance with the California Environmental Quality Act, the proposed project is Statutorily Exempt. No further environmental review is needed. Environmental Review No. 2005-31 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. 2005-05. 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 June 13, 2005, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of June, 2005 by the following vote: AYES: Commissioners: Cribb, Gartner, Lutz, Mondo (4) NOES: Commissioners: De La Torre, Nalle (2) ABSENT: Commissioners: Leo (1) ABSTENTIONS: Commissioners: None (0) Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-15 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 13, 2005. Date: Clerk of the Planning Commission City of Santa Ana 31A-15 Resolution No. 2005-15 Page 3 of3 31A-16