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Home My WebLink AboutRESO 2019-21_TZC AMENDMENTSLS 5.13.19 RESOLUTION NO. 2019-21 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPT AN ORDINANCE AMENDING SECTIONS 41-2010, 41-2011, 41-2012, 41- 2013, 41-2014, 41-2015, 41-2022, 41-2023, AND 41-2024 OF THE SANTA ANA MUNICIPAL CODE IN THE TRANSIT ZONING CODE/SPECIFIC DEVELOPMENT (SD) NO. 84 ZONING DISTRICT TO MODIFY HEIGHT, MASSING, OPEN SPACE LOCATION, DRIVEWAY STANDARDS, LOT DIMENSIONS AND AMENDING VARIOUS OPTIONS TO SATISFY REQUIRED PARKING IN THE URBAN CENTER DISTRICT Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Various sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) have been revised periodically over the last several years to respond to changes in development, to adopt new permitting procedures, and to comply with changes to State and Federal laws. In a continuing effort to establish high -quality development standards and to create a user-friendly environment for residents and the business community within the City, the Planning Division is proposing revisions to various sections of Chapter 41 (Zoning) of the SAMC specifically found in the Transit Zoning Code (Specific Development No. 84). B. After a thorough analysis of the current code requirements in the City, staff identified several sections of the code for amendments necessary to ensure clear, uniform, and legally consistent regulations that are practical for the City and developers to implement through high -quality and safe building designs. The proposed amendments will enable the City to implement a regulatory framework that protects the health, safety and welfare of the City and limits undue strain on homeowners, business operators and developers. C. At its adjourned regular meeting on May 14, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2019-3. Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the Resolution.2019-21 Page 1 environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. The Planning Commission recommends that City Council adopt an ordinance amending Sections 41-2010, 41-2011, 41-2012, 41-2013, 41-2014, 41-2015, 41-2022, 41-2023, and 41-2024 of the Santa Ana Municipal Code in the Transit Zoning Code/Specific Development (SD) No. 84 zoning district, attached hereto as Exhibit A and incorporated by reference as though fully set forth herein. Section 4. The Chairperson shall sign this Resolution and the Planning Commission Recording Secretary shall attest and certify to the adoption thereof. ADOPTED this 141h day of May, 2019. AYES: Benavides, McLoughlin, Nguyen, Rivera (4) NOES: Cano (1) ABSTAIN: None (0) ABSENT: Alderete, Contreras -Leo (2) Mark ughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:�� Lisa Storck, Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-21 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 14, 2019. Date: Recording Secretary City of Santa Ana Resolution. 2019-21 Page 2 LS 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 Page 1 of 3 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) Mark McLoughlin Chairperson Resolution No. 2019-19 Page 2 of 3 I APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck 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 aayAna on May 13, 2019. Date: 3I °� _ d'`wu//8-eA� Recording Secretary City of Santa Ana Resolution No. 2019-19 Page 3 of 3