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HomeMy WebLinkAbout04-10-19_AGENDA PACKETZONING ADMINISTRATOR AGENDA 1 April 10, 2019 CITY OF SANTA ANA ZONING ADMINISTRATOR AGENDA APRIL 10, 2019 10:30 A.M. CITY HALL ROSS ANNEX Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Lisa Storck Legal Counsel Minh Thai Executive Director Candida Neal Planning Manager The Zoning Administrator Agenda can be found online: https://www.santa-ana.org/cc/city-meetings Si tiene preguntas en español, favor de llamar a Narcee Perez al (714) 667-2260. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. Prior to the meeting: If you wish to submit a comment on any item on the Agenda, please submit to eComments@santa-ana.org by 3:00 p.m. the day of the meeting; emails received after said time will not be distributed to the Commission but will be on file for public viewing the day after the meeting. During the meeting: If you wish to comment on any item on the Agenda, please complete and submit a Request to Speak form to the Commission Secretary before the agenda item is considered. Request to Speak forms will be available at the meeting. Members of the public will be allotted 3 minutes to speak, unless additional time is granted by the Zoning Administrator. Request to Speak shall not be accepted after the public comment session begins without permission of the Zoning Administrator. If you need special assistance to participate in this meeting, please contact Michael Ortiz, ADA Progr am Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting [Americans with Disabilities Act, Title II, 28 CFR 35.102]. Ali Pezeshkpour Acting Zoning Administrator Sarah Bernal Recording Secretary ZONING ADMINISTRATOR AGENDA 2 April 10, 2019 Basic Meeting Information Five-Year Strategic Plan (2014-2019): Vision, Mission and Guiding Principles - The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The vision, mission and guiding principles (values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow. Vision - The dynamic center of Orange County which is acclaimed for our: •Investment in youth •Safe and healthy community •Neighborhood pride •Thriving economic climate •Enriched and diverse culture •Quality government services Mission – “To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.” Guiding Principles - •Collaboration •Efficiency •Equity •Excellence •Fiscal Responsibility •Innovation •Transparency Strategic Plan Goals/Objectives/Strategies: Goal 1 - Community Safety Goal 2 - Youth, Education, Recreation Goal 3 - Economic Development Goal 4 - City Financial Stability Goal 5 - Community Health, Livability, Engagement & Sustainability Goal 6 - Community Facilities & Infrastructure Goal 7 - Team Santa Ana Agenda An agenda is provided for each meeting. The agenda is posted on the posting boards outside the Civic Center entrance and Council Chamber. Meeting agendas and approved minutes are kept current on the City website at www.santa-ana.org/cc/city-meetings. The items on the agenda are arranged in four categories: Consent Calendar: These are relatively minor in nature, do not have any outstanding issues or concerns, and do not require a public hearing. All consent calendar items are considered as one item and a single vote is taken for their approval, unless an item is pulled from the consent calendar for individual discussion. There is no public discussion of consent calendar items unless requested by the Zoning Administrator. Public Hearings: This category is for case applications that require, by law, a hearing open to public comment because of the discretionary nature of the request. Public hearings are formally conducted and public input/testimony is requested at a specific time. This is your opportunity to speak on the item(s) that concern you. Public Hearing Procedure: The Zoning Administrator (ZA) will follow the following procedure for all items listed as public hearing items: 1. The ZA will ask for presentation of the staff report; 2. The ZA will have the opportunity to question staff in order to clarify any specific points; 3. The applicant and the project representative will be allowed to make a presentation; 4. The public hearing will be opened; 5. Members of the audience will be allowed to speak, for a maximum of 3 minutes per speaker; 6. The applicant will be given an opportunity to respond to comments made by the audience; 7. The public hearing will be closed; and 8. Discussion of the proposal will return to the ZA with formal action taken to approve, conditionally approve, deny, or continue review of the application. Business Items: Items in this category are general in nature and may require action. Public input may be received at the request of the Zoning Administrator. See information for Speaker’s Card/Request to Speak on the first page. Work Study Session: Items in this category are generally items requiring discussion. No action will be taken. Persons wishing to speak regarding Work Study Session matters should file a "Request to Speak" form with the Recording Secretary. Staff Reports: Staff reports can be downloaded from the City’s website at https://www.santa-ana.org/cc/city-meetings If you have any questions regarding any item of business on the agenda for this meeting, or any of the staff reports or other documentation relating to any agenda item, please contact the Planning and Building Agency at 714-667-2732. Appeals: The formal action by Zoning Administrator shall become effective after the ten-day appeal period, unless appealed. The appeal must be filed with the Planning Department, accompanied by the required filing fee, within ten days of the date of the Zoning Administrator’s action, by 5:00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. An appeal from the decision or requirement of the Zoning Administrator may be made by any interested party, individual, or group. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. Submittal of information for dissemination or presentation Written Materials/Handouts: Any member of the public who desires to submit documentation in hard copy form may do so prior to the meeting or at the time he/she addresses the Zoning Administrator. Please provide 15 copies of the information to be submitted and file with the Recording Secretary at the time of arrival to the meeting. This information will be disseminated at the time testimony is given. Large Displays/Maps/Renderings: Any member of the public who desires to display freestanding large displays or renderings in conjunction with their public testimony is asked to notify the Planning and Building Agency at 714- 667-2732 no later than noon on the day of the scheduled meeting. Electronic Documents/Audio-Visuals: Any member of the public who desires to display information electronically in conjunction with their public testimony is asked to submit the information to the Planning and Building Agency at 714-667-2732 no later than noon on the day of the scheduled meeting. Code of Ethics and Conduct: The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s webpage. The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect · Efficiency Senate Bill 343: As required by Senate Bill 343, any non-confidential writings or documents provided to the Zoning Administrator regarding any item on this agenda will be made available for public inspection in the Planning & Building Agency during normal business hours. ZONING ADMINISTRATOR AGENDA 3 April 10, 2019 CITY OF SANTA ANA ZONING ADMINISTRATOR AGENDA APRIL 10, 2019 10:30 A.M. CALL TO ORDER PLEDGE OF ALLEGIANCE PUBLIC COMMENTS – (non-agenda items) PUBLIC HEARING 1. MINOR EXCEPTION NO. 2019-02 AS CONDITIONED TO ALLOW AN INCREASE IN THE HEIGHT OF THE FRONT YARD FENCE FROM THREE FEET TO FOUR FEET FOR THE PROPERTY LOCATED AT 1105 S. FLINTRIDGE DRIVE IN THE SINGLE - FAMILY RESIDENTIAL (R-1) ZONE – DR. LONG NGUYEN, APPLICANT {STRATEGIC PLAN NO 5,4}. Vince Fregoso, Case Planner. In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further review pursuant to Section 15061 (b)(3) of the CEQA Guidelines because the proposed project does not have potential to cause a significant effect on the environment. Categorical Exemption ER No. 2019 -26 will be filed for this project. Legal notice published in the Orange County Reporter on March 29, 2019 and notices mailed on March 29, 2019. The Zoning Administrator decision is final unless appeal within 10 days. Refer to Basic Meeting Information page for more detail. RECOMMENDED ACTION: Adopt a resolution. A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2019-02 AS CONDITIONED TO ALLOW A FOUR-FOOT-HIGH FRONT YARD FENCE AT THE PROPERTY LOCATED AT 1105 SOUTH FLINTRIDGE DRIVE ADJOURNMENT This page left blank intentionally. A-1 A-2 A-3 This page left blank intentionally. A-4 EXHIBIT 1 A-5 This page left blank intentionally. A-6 Resolution No. 2019-xx Page 1 of 5 LS 4.10.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2019-02 AS CONDITIONED TO ALLOW A FOUR FOOT HIGH FRONT YARD FENCE AT THE PROPERTY LOCATED AT 1105 SOUTH FLINTRIDGE DRIVE 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. Dr. Long Nguyen (“Applicant”) is requesting approval 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 determines that the following findings have been established: 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 special circumstances applicable to the subject property where the 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. The purpose and intent of the code requirement is to prevent a “fortress-like” appearance in residential areas; however, the size and scale of the proposed fence is compatible with the residence and similar fences in the surrounding neighborhood. The proposed four-foot tall fence would complement the size and scale of this structure. A-7 Resolution No. 2019-xx Page 2 of 5 2. 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 as approval of this minor exception maintains the rights of the property owners to utilize their property as other residential property owners and to have a private and secure usable yard area. Since the subject lot is a corner lot, the fence is required to be constructed ten feet from the side yard property line which would not optimize the private and secure usable area. 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 this minor exception will not be detrimental to the public or surrounding properties as the proposed front yard fence will be designed to complement the residence in terms of material and style. Further, the view of the residence will not be obstructed as it has been designed to maintain visibility into the site as required by the Police Department and Fire Authority. 4. 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 the proposed minor exception is consistent with Goals 1, 2 and 3 of the Land Use Element of the General Plan. These goals encourage the development and occupation of single-family residences. Policy 1.4 supports the development of single-family residential lots, Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area, Policy 3.1 supports development which provides a positive contribution to neighborhood character and identity, and Policy 3.5 encourages new development and/or additions to existing development that are compatible in scale, and consistent with the architectural style and character of the neighborhood. Further, Goal 2.0 of the Urban Design Element states that new development should be proportionally and aesthetically related to its district setting. The proposed fence is proportional for a residential area and to the residence. Goal 2.7 of the Urban Design Element states that projects must exhibit a functional, comfortable scale in relation to the neighborhood. This proposed fence is in scale with existing fencing and structures in the neighborhood. A-8 Resolution No. 2019-xx Page 3 of 5 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 Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Minor Exception No. 2019-02 as conditioned 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; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 10th day of April, 2019. _______________________ Ali Pezeshkpour, AICP Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney A-9 Resolution No. 2019-xx Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jocelyn Magalona, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on April 10, 2019. Date: ________________ ____________________________________ Clerk of the Zoning Administrator City of Santa Ana A-10 Resolution No. 2019-xx Page 5 of 5 EXHIBIT A Conditions of Approval for Minor Exception No. 2019-02 Minor Exception 2019-02 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 California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed below prior 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 minor exception. A. Planning Division 1. All proposed site improvements must conform to the plan attached to this minor exception, except as modified in the conditions of approval. 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 if the minor exception must be amended. A-11 This page left blank intentionally. A-12 EXHIBIT 2 A-13 This page left blank intentionally. A-14 3/28/2019 . apps.spatialstream.com/production/dashboard/8/9/0/CurrentBuild/html/Reporting.html#1/1 Minor Exception No. 2019-02, Dr. Nguyen Front Yard Fence1105 South Flintridge Drive Exhibit 2 - Vicinity Zoning and Aerial View © 2019 Digital Map Products. All rights reserved. Santa Ana Boundary Zoning 250 feet A-15 This page left blank intentionally. A-16 EXHIBIT 3 A-17 This page left blank intentionally. A-18 A-19 This page left blank intentionally. A-20 From:Mitre-Ramirez, Norma To:Bernal, Sarah; Magalona, Jocelyn Cc:Fregoso, Vince Subject:FW: Zoning Administrator, Sarah Bernal Date:Thursday, April 04, 2019 2:51:51 PM Good Afternoon, The following communication has been received for your review and consideration. Respectfully, Norma Mitre Acting Clerk of the Council City of Santa Ana | Clerk of the Council Office 20 Civic Center Plaza | Santa Ana, CA 92701 714-647-5237 | nmitre@santa-ana.org This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received. From: Keith Carpenter Sent: Thursday, April 4, 2019 1:33 PM To: eComment <eComment@santa-ana.org> Subject: Zoning Administrator, Sarah Bernal To whom it may concern; This email is in response to the NOTICE OF PUBLIC HEARING for a Minor Exception No. 2019-02 for the property located at 1105 S. Flintridge Drive. I am opposed to the granting of the exception for the following reasons; 1. there is no justification for a four foot fence in the front yard. 2. granting this exception will only encourage more exceptions and degrade the overall character of the neighborhood. 3. the construction style of the home located at 1105 S. Flintridge Drive does not maintain the character of the neighborhood. The home is quasi Spanish hacienda style whereas the neighborhood is predominately single story ranchers. A tall fence will further degrade the neighborhood character. 4. the home located just south of 1105 S. Flintridge Drive, 5013 Lehnhardt Drive, was required to lower their fence to comply with the City's fence requirements and maintain the neighborhood character In keeping with the City's goal of improving the City "one neighborhood at a time" this exception must not be granted for the betterment of the neighborhood as a whole. It is time the good of the many out weighs the benefit of the few. Thank you Keith Carpenter From:Bernal, Sarah To:Pezeshkpour, Ali Subject:FW: Minor Exception #2019-02 Date:Wednesday, April 03, 2019 9:09:46 AM Zoning Administrator: Please see below public comment regarding the matter to be heard on April 10, 2019. Sarah Bernal Phone: 714-667-2732 City of Santa Ana, Planning and Building Agency 20 Civic Center Plaza, Santa Ana, CA 92702 City Hall is closed every other Friday. Click here for dates. P Please consider the environment before printing this email. Thank you From: Roy Melcher <j > Sent: Tuesday, April 2, 2019 3:58 PM To: eComment <eComment@santa-ana.org> Cc: Fregoso, Vince <VFregoso@santa-ana.org> Subject: Minor Exception #2019-02 Re: Zoning Administrator Ms. Sarah Bernal, My Wife Julie and I are 53 year residents of Santa Ana and we are active in multiple community oriented city organizations. We are against the subject minor exception due to the negative proliferation of citizens projects in our area that do not comply with previously established Santa Ana city ordinances. Our city has too many scofflaws modifying their properties without proper permits as it is. Now, city standards controlling these standards are being changed via zoning exceptions. It is your responsibility to control the scofflaws and the citizens wanting to take exceptions that are unwarranted and only for perceived decorative reasons which may be unwanted by neighbors. Please reject this minor exception and require the requestor to comply with current building requirements for the good of the community. Respectfully, Roy and Julie Melcher