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RESOLUTION NO.2003-43
Kdo/11 /12/03
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING MINOR
EXCEPTION NO 2003-07 FOR THE PROPERTY AT 1130
WEST WARNER AVENUE
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. Minor Exception No 2003-07 came before the Zoning Administrator of the
City of Santa Ana for a public hearing on October 22, 2003.
B. Minor Exception No. 2003-07 has been filed with the City of Santa Ana
seeking to allow the construction of a 24-inch high solid plaster front yard
fence at 2133 North Flower Street.
• C. The Zoning Administrator determines that the following findings, which must
be established in order to grant a minor exception from the provisions of the
Santa Ana Municipal Code, have been established:
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 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. The property in question has a
large predominate front yard setback, which exceeds the
minimum 20-foot front yard requirement.
2. That the granting of a variance is necessary for the preservation and
enjoyment of one or more substantial property rights.
Granting of this minor exception enhances the rights of the
• property owners to enjoy the use of their front yard. This fence
defines an area for the owners to use recreationally.
Resolution No. 2003-43
Page 1 of 4
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 not be detrimental or
injurious to the surrounding properties or create an
appearance that is aesthetically incompatible with 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 neighborhood will be
visually improved with the type and style of the fence.
4. That the granting of a variance will not adversely affect the General
Plan of the City.
The approved minor exception will not adversely affect the
General Plan, as it does not have 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. The front yard fence is
compatible with the character and style of the existing
neighborhood
•
D. Categorical Exemption Environmental Review No. 03-193 will be filed for
this project pursuant to the California Environmental Quality Act.
Section 2. The Zoning Administrator of the City of Santa Ana after conducting
the public hearing hereby approves Minor Exception No. 2003-07 as conditioned in Exhibit
"A" attached hereto and incorporated herein.
ADOPTED this 22"d day of October, 2003.
~~--~ "
Kenneth Adams
Zoning Administrator
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
~_..
By: ~ ~ ,,
Kylee O. tto
• Deputy ty Attorney
Resolution No. 2003-43
Page 2 of 4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ROSA BARELA, Clerk of the Zoning Administrator, do hereby attest to and certify the
attached Resolution No. 2003-43 to be the original resolution adopted by the Zoning
Administrator of the City of Santa Ana on October 22, 2003.
Date: ~ ~~ ~ ~ ~ ~` u~~~~~r~~~`~
Clerk of the Zoning Administrator
City of Santa Ana
r~
~J
u
Resolution No. 2003-43
Page 3 of 4
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Conditions for Approval for Minor Exception 2003-07
Minor Exception No. 2003-07 is hereby approved. The project shall comply with all
applicable sections of the Santa Ana Municipal Code, the California Administrative Code,
the Uniform Fire Code, the Uniform Building 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
r
No str.~cture or aid-ins are-,allowed in.-.the ar..~a b~twe~n th,~ pil,~,~>a~,;f„„~,.
(Modified by the Zoning Administrator on October 22, 2003.)
2. Thy fence is; not to exceed the height of 24 inches for th$.$p~~~ ~all,ar~~,ii;~,fa
inches for the pilasters. (Modified by the Zoning Administrator on
October 22, 2003.)
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Exhibit A