HomeMy WebLinkAbout2000-71•
RESOLUTION N0.2000-71
Kdo/3/22/02
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA ANA APPROVING
VARIANCE NO. 00-20 THROUGH VARIANCE NO.
00-67 PERMITTING FENCES HIGHER THAN 36
INCHES IN THE FRONT YARD SETBACK
LOCATED BETWEEN 805 AND 1126 SOUTH
MINNIE 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. On February 5, 2001, the Planning Commission of the City of Santa Ana
held a duly noticed public hearing on The Negative Declaration for
Environmental Review No. 00-158 and Variance No. 00-20 through 00-67.
• B. The proposed project is part of a comprehensive plan to renovate and
revitalize Minnie Street, now known as Cornerstone Village. Applicant
seeks variances from the City's front yard fence code:
Exceed the height standard fro front yard fences on non-arterial
streets due to safety requirements and slope differential between the
back of sidewalk and courtyard.
2. Exceed the limitations of size of pilasters and monument structures in
conjunction with front fences.
C. Santa Ana Municipal Code Section 41-638 authorizes the Planning
Commission to grant a variance upon making certain findings.
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.
The topography of the properties along Minnie Street and the
configuration of the existing developments with shallow front
• yard depths result in steep front yards that cannot
Resolution No. 2000-71
Page 1 of 3
• accommodate both accessibility requirements and lower front
yard fence rules.
2. That the granting of a variance is necessary for the preservation and
enjoyment of one or more substantial property rights.
The variance will allow for the consistent application of a
design approach throughout the Cornerstone Village project
while providing accessibility ramps and landings.
3. That the granting of a variance will not be materially detrimental to the
public welfare or injurious to surrounding property.
The project is part of an overall improvement plan to enhance
the Cornerstone Village area.
4. That the granting of a variance will not adversely affect the General
Plan of the City.
The Cornerstone Village program and constituent parts are
consistent with the objectives of residential preservation and
rehabilitation of the General Plan.
Section 2. The Planning Commission has reviewed and considered the
information contained in the initial study and the negative declaration prepared with
respect to this Project. The Planning Commission has, as a result of its consideration and
the evidence presented at the hearings on this matter, determined that, as required
pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA
Guidelines, a Negative Declaration adequately addresses the expected environmental
impacts of this Project. On the basis of this review, the Planning Commission finds that
there is no evidence from which it can be fairly argued that the Project will have a
significant adverse effect on the environment. The Planning Commission hereby certifies
and approves the negative declaration and directs that the Notice of Determination be
prepared and filed with the County Clerk of the County of Orange in the manner required
by law.
Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the
Planning Commission has determined that, after considering the record as a whole, there
is no evidence that the proposed project will have the potential for any adverse effect on
wildlife resources or the ecological habitat upon which wildlife resources depend. The
proposed project exists in an urban environment characterized by paved concrete,
roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and
Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game
Department filing fees is not required in conjunction with this project.
• Section 3. After conducting the public hearing, the Planning Commission hereby
approves and adopts the Negative Declaration for Environmental Review No. 00-158.
Resolution No. 2000-71
Page 2 of 3
• Section 4: Based upon the complete record presented to it, including all public
testimony and environmental information, and in the exercise of its sound discretion, the
Planning Commission hereby approves Variance No. 00-20 through Variance No. 00-67
as conditioned in Exhibit "A" attached hereto and incorporated herein.
ADOPTED this 8th day of January, 2001.
Ginn ondo
Chairper n
~ ~
~J
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: ~l ~' ,~ r_
Kyle dette
De City Attorney
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTENTIONS: Commissioners:
Cribb, Doughty, Leo, Mondo, Nalle, Verino (6)
None (0)
Richardson (1)
None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the
attached Resolution No. 2000-71 to be the original resolution adopted by the Planning
Commission of the City of Santa Ana on January 8, 2001.
Date: v~ -~~
Wing Co ssion Secreta
C'yofS aAna
Resolution No. 2000-71
Page 3 of 3
•
Conditions for Approval for Variance No. 00-20 through 00-67
Variance No. 00-20 through Variance No. 00-67 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 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 rip or to
exercising the rights conferred by this variance.
A. Planning Division
1. A minimum 18 inch planter shall be maintained in front of each landing
adjacent to the public sidewalk.
2. All landscaped areas shall be landscaped, irrigated, and maintained to the
level of improvement of the time of original field inspection and approval.
3. All front yard fences, or side yard fences abutting McFadden Ave, shall be
decorative metal tube or other similar material.
r~
~J
4. Comply with the conditions and requirements of DP No. 98-083 and the staff
report exhibits.
5. Each property owner shall be party to the CC&R's and Owner Participation
Agreement for Cornerstone Village.
Mitigation Measures
6. All material excavated or graded will be sufficiently watered to prevent
excessive amounts of dust. Watering with complete coverage shall occur at
least twice daily, once in the late morning and once after work is done for the
day.
7. All clearing and earthwork activities shall cease during period of high winds
(winds greater than 25 mph averaged over one hour) or during Stage 1 or
Stage 2 smog episodes.
8. Streets surrounding the project site should be cleaned at the end of each
day of construction.
9. All material transported offsite shall either be sufficiently watered or securely
covered to prevent excessive amounts of dust.
•
10. The amount of area disturbed by clearing and earthwork activities shall be
minimized at all times.
EXHIBIT "A"
• 11. To the extent feasible, equipment engines shall be maintained in good
condition and in proper tune according to manufacturer's specifications.
12. To the. extent feasible, gasoline powered equipment shall be used for onsite
and offsite construction activities.
13. Building Plans for the proposed project shall specify that construction
activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday
through Friday, Saturday 8:00 a.m. to 8:00 p.m. and not permitted on
Sundays or federal holidays.
B. Police Department
1. The address monuments in the front setback shall be maintained with
illuminated address numbers.
•
Exhibit "A"