HomeMy WebLinkAbout160511_ZAReso2016-02_403NSusanLS 5.11.16
RESOLUTION NO. 2016-02
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING MINOR
EXCEPTION NO. 2016-01 AS CONDITIONED TO ALLOW
AN ALTERNATE FRONT YARD FENCE MATERIAL FOR
THE JOHN HENRY FOUNDATION CARE HOME AT THE
403 NORTH SUSAN 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. Applicant is requesting approval of Minor Exception No. 2016-01 to allow
an alternative material front yard fence for the John Henry Foundation care
home at 403 North Susan Street.
B. Minor Exception No. 2016-01 came before the Zoning Administrator of the
City of Santa Ana for a duly noticed public hearing on May 11, 2016, to
consider all testimony, written and oral.
C. Minor Exception No. 2016-01 has been filed with the City of Santa Ana
seeking allowance for use of an alternate material for front yard fence
standards set by Santa Ana Municipal Code Section 41-610.
D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning
Administrator to grant a minor exception upon making certain findings.
Section 2. The Zoning Administrator of the City of Santa Ana hereby finds,
determines and declares as follows:
A. 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.
Strict application of the zoning ordinance related to fence material will
deprive the subject property of existing privileges related to its special
needs residents due to the surroundings. The property is located on
Susan Street between First and Fifth Streets and is primarily
surrounded by lower density residential development. Maintaining
the existing six foot high chain link fence and landscape vines in the
Resolution No. 2016-02
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front yard is needed in order to allow the property owner the ability to
use the facility to its maximum potential; and ensure the stability,
privacy and safety of its special needs residents.
B. That the granting of a minor exception is necessary for the preservation and
enjoyment of one or more substantial property rights.
The granting of the minor exception is necessary for the
preservation and enjoyment of substantial property rights. Allowing
relief to permit chain link with landscape vines for the existing six-
foot high front yard will allow the owner the ability to maintain and
improve property with a care home facility that provides a secure
environment. The existing six foot chain link fence is substantially
covered by landscape vines and is compatible with the Two -Family
Residence (R2) zoning district. Without the ability to maintain the
existing chain link six-foot high fence, the care home operation and
care of the special needs residents would be compromised, which
impacts the property owners ability to serve their resident clients.
C. That the granting of a minor exception will not be materially detrimental to
the public welfare or injurious to surrounding property.
The chain link fence in the front yard setback provides a considerable
amount of visual relief due to the existing landscape vines. The
replacement of the existing northerly chain link vehicle entry gate and
pedestrian gate with wrought iron material will improve the visual
aesthetics and not be materially detrimental to the public welfare or
injurious to surrounding property. The new six foot wrought iron
fence and gate at the southerly main entry to the care home will be
located outside of required corner site distance triangle and will not
interfere with the safety of pedestrians or motorists entering or exiting
the site. Additional landscaping planting and vines along Susan
Street will enrich the streetscape and pedestrian walking
experience.
D. 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 care
facilities and ancillary fencing are a compatible use in the Low
Density Residential General Plan land use designation. In addition,
the project is consistent with several goals and policies of the
General Plan. Specifically, Land Use Element Policy 2.10 supports
new development which is harmonious in scale and character with
the existing development and Policy 3.5 encourages new
development that is compatible in scale, and consistent with the
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architectural style and character of the neighborhood. The
proposed fencing for the existing care facility, in conjunction with
the improvements to be made to the site, will be in scale and
compatible with the development pattern of the neighborhood.
Section 3: Environmental Findings:
A. In accordance with the California Environmental Quality Act (CEQA), the
proposed project is exempt from further review pursuant to Section 15301,
which is a categorical exemption applying to projects which consist of
minor alterations to existing facilities including exterior modifications and re -
tenanting of an existing building. Categorical Exemption Environmental
Review No. 2013-29 will be filed for this project.
B. In support of the Categorical Exemption, the following findings have been
made as referenced in CEQA, Section 15300.2:
1. Cumulative Impact. The project, along with successive projects of
the same type in the same area, over time shall not result in a
cumulative impact.
The minor exception will allow the use of alternative materials for a
portion of a front yard fence to allow an existing chain link fence.
The use of landscape vines and planting for aesthetic screening,
and the introduction of wrought iron fencing material at key entry
points will mitigate cumulative visual impacts. Therefore, the
proposed minor exception to allow an alternative fencing material at
the care home facility will not result in a cumulative impact on the
surrounding area.
2. Significant Effect. The project shall not be used for an activity
where there is reasonable possibility that the activity will have a
significant effect on the environment due to unusual circumstances.
The minor exception will allow for the maintenance of the existing
six foot chain link fence and new fencing improvements within an
existing care home facility. The care home use and related fencing
is consistent with the residential uses permitted by the zoning
district, and will not have any unusual or significant effect on the
environment.
3. Scenic Highways. The project shall not result in damage to scenic
resources, including but not limited to, trees, historic buildings, rock
outcropping, or similar resources, within a highway officially
designated as a state scenic highway.
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The project is within an existing care home facility. The care home
is not located on a designated state scenic highway, in a historic
building or scenic resource. Therefore, there will be no damage to
a scenic resource resulting from the proposed use of alternative
materials for front yard fencing.
4. Hazardous Waste Sites. The project shall not be located on a site
which is included on any list compiled pursuant to Section 65962.5
of the Government Code.
The Official Hazardous Waste and Substance Site "Cortese" list
was consulted and the project site is not included on any known
hazardous waste site. This list is updated by the State Department
of Toxic Substances and reflects all available information on
hazardous sites.
5. Historical Resources. The project may not cause substantial
adverse change in the significance of a historical resource.
The subject property does not contain any known historic structure
or site features. The existing care home was approved in 1970, to
convert six single family homes into special needs housing. None of
the homes are considered historically significant. Thus, the
proposed minor exception for allow the use of chain link as an
alternate fence material in the front yard in the existing developed
site will not cause any adverse impact to a historical resource.
Section 2. The Zoning Administrator, after conducting the public hearing, hereby
approves Minor Exception No. 2016-01 as conditioned in Exhibit "A" attached hereto
and incorporated herein, to allow for an alternate material for a portion of the front yard
fence within the John Henry Foundation care home located at 403 South Susan Street.
This decision is based upon the evidence submitted at the above said hearing, which
includes, but is not limited to: the Request for Zoning Administrator action dated May
11, 2016, and exhibits attached thereto; and the public testimony, all of which are
incorporated herein by this reference.
ADOPTED this 11th day of May, 2016.
Verny Carvajal
Zoning Administrator
Resolution No. 2016-02
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:A 1 C --
Lisa Storck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JOCELYN MAGALONA, Zoning Administrator Secretary, do hereby attest to and
certify the attached Resolution No. 2016-02 to be the original resolution adopted by the
Zoning Administrator of the City of Santa Ana on May 11, 2016.
Date: Is %-'
Zoning Admini ator Secretary
City of Santa Ana
Resolution No. 2016-02
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Conditions for Approval for Minor Exception No. 2016-01
Should the Zoning Administrator approve Minor Exception No. 2016-01, the approval is
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 belowrip or 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 exception.
A. Planning Division
1. All proposed improvements must conform to the Site Plan Review approval of
DP No. 2013-04 and the staff report exhibits.
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 the minor exception must be amended.
3. Landscaping, once installed, shall be maintained per the approved landscape
plan. After project occupancy, landscaping is to be maintained to include the
minimum level of plant materials installed at the time of occupancy and per the
approved plan. This condition shall include continuance of lush landscaping on
all areas of the chain link fencing.
4. Provide an operation and management plan describing on-site security and
good neighbor communication practices, to be approved by the Planning
Manager prior to occupancy of Building G or Building H within the care home.
5. Should the chain link fence become unusable due to age or disrepair, the new
replacement fencing material shall consist of wrought iron, as initially planned.
Resolution No. 2016-02
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