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HomeMy WebLinkAbout2005-15~. - 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. B. 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? 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. 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 13t" 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~ondo Chairpe son APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. o Assistant. ity 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, 200 Date: Clerk of the Planning Commissio City of Santa Ana Resolution No. 2005-15 Page 3 of 3