HomeMy WebLinkAboutRESO 2019-19_1105 S FLINTRIDGELS 5.13.19
RESOLUTION NO. 2019-19
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA DENYING APPEAL NO. 2019-
01 TO NOT ALLOW A FOUR -FOOT -HIGH FRONT YARD
FENCE AT THE PROPERTY LOCATED AT 1105 SOUTH
FLINTRIDGE DRIVE
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. Jimmy Ly ("Appellant") is requesting approval of Appeal No. 2019-01 to
overturn the denial of Minor Exception No. 2019-02 to allow the construction
of a four (4) foot high fence within the front yard setback area of the property
located at 1105 South Flintridge Drive, a non -arterial street.
B. Pursuant to Santa Ana Municipal Code ("SAMC") Section 41-610(a),
approval of a minor exception is required to allow a fence higher than
three (3) feet if a property is located on a non -arterial street.
C. Minor Exception No. 2019-02 came before the Zoning Administrator of the
City of Santa Ana on April 10, 2019, for a duly noticed public hearing.
D. For Minor Exception No. 2019-02, the Zoning Administrator of the City of
Santa Ana determined that the following finding has not been established
and therefore denied the minor exception:
1. 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.
There are no special circumstances applicable to the subject property
where the interpretation of the zoning ordinance would deprive the
subject property of privileges not otherwise at variance with the intent
and purpose of the provisions of the zoning code. The property is
6,600 square feet in size, which exceeds the minimum lot size in the
City by 600 square feet. Further, the lot is rectangular in shape and
does not contain any encumbrances or restrictions that would limit
development on the site. Since the property is larger than a typical lot
and has a shape consistent with other lots in the City, there are no
unique circumstances related to size or shape that warrant a taller
perimeter fence.
Resolution No. 2019-19
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E. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act (CEQA). The project is exempt from
further review pursuant to Section 15303. This Class 3 exemption applies to
projects consisting of construction and location of limited numbers of new,
small facilities, or structures of up to 10,000 square feet in floor area insofar
as the project and site meet the following criteria: that the project site is
zoned for such use, that the project not involve the use of significant
amounts of hazardous substances where all necessary public services and
facilities are available, and the surrounding area is not environmentally
sensitive; and applies to accessory structures such as garages, carports,
patios, swimming pools and fences. Based on these criteria and staff
analysis, Categorical Exemption Environmental Review No. 2019-26 will be
filed for this project.
Section 2. The Applicant agrees to indemnify, hold harmless, and defend the
City of Santa Ana, its officials, officers, agents, and employees, from any and all liability,
claims, actions or proceedings that may be brought arising out of its approval of this
project, and any approvals associated with the project, including, without limitation, any
environmental review or approval, except to the extent caused by the sole negligence of
the City of Santa Ana.
Section 3. The Planning Commission of the City of Santa Ana after conducting
the public hearing hereby denies Appeal No. 2019-01, thereby upholding the Zoning
Administrator's denial of Minor Exception No. 2019-02 as found in Exhibit A, attached
hereto and incorporated herein for the project located at 1105 South Flintridge Drive.
This decision is based upon the evidence submitted at the abovesaid hearing, which
includes, but is not limited to: The Request for Zoning Administrator Action dated April
10, 2019, and exhibits attached thereto; the Request for Planning Commission Action
dated May 13, 2019, and exhibits attached thereto, and the public testimony, written
and oral, all of which are incorporated herein by this reference.
ADOPTED this 13th day of May, 2019.
AYES: Cano, Contreras -Leo, McLoughlin, Rivera (4)
NOES: Benavides and Nguyen (2)
ABSTAIN: None (0)
ABSENT: Alderete (1)
A�=--
Mark McLoughlin
Chairperson
Resolution No. 2019-19
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APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Lisa Sto'rck
Assistant City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Sarah Bernal, Recording Secretary for the Planning Commission, do hereby attest to
and certify the attached Resolution No. 2019-19 to be the original resolution adopted by
the Planning Commission of the City of Santa Ana on May 13, 2019.
Date: I 1-3 °1 pw /Ij
Recording Secretary
City of Santa Ana
Resolution No. 2019-19
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