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HomeMy WebLinkAboutRESO 2020-01_ME 20-02_1037 W FIRST STREETResolution No. 2020-01 Page 1 of 6 LS 3.18.20 RESOLUTION NO. 2020-01 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2020-02 AS CONDITIONED TO ALLOW CONSTRUCTION OF A SIX-FOOT TALL FRONT YARD FENCE ON THE PROPERTY LOCATED AT 1037 WEST FIRST 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. Susan Dobak (“Applicant”) is requesting approval of Minor Exception No. 2020-02 to allow the construction of a six foot tall fence in the required front- yard setback at the property located at 1037 West First Street. B. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-610.5(a), approval of a minor exception is required to allow construction of a fence taller than four (4) feet in the front-yard setback if a property is zoned for commercial uses. C. Minor Exception No. 2020-02 came before the Zoning Administrator of the City of Santa Ana on March 18, 2020, for a duly noticed public hearing. D. For Minor Exception No. 2020-02, 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 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 the zoning code. The purpose and intent of the code requirement is to prevent a “fortress- like” appearance in commercial areas; however, the size and scale of the proposed fence is compatible with the commercial use and is similar to other fences in the surrounding vicinity. The proposed six- foot tall fence would complement the size and scale of this structure. Resolution No. 2020-01 Page 2 of 6 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 the property has consistently experienced vandalism and vagrancy. Therefore, a six-foot high fence is needed to provide a private and secure 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 (wrought iron) to complement the commercial structures in terms of material and style. Further, the view of the commercial buildings wi ll not be obstructed as it has been designed to maintain visibility into the site as required by the Police Department and Orange County 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 Goal 2.0 of the Urban Design Element, which states that new development should be proportionally and aesthetically related to its district setting. The proposed fence is proportional for a commercial area and to the commercial structures in the project vicinity . Goal 2.7 of the Urban Design Element states that projects must exhibit a functional, comfortable scale in relation to the neighborhood. This proposed six- foot tall fence is in scale with existing fencing and structures in the project site’s vicinity. 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 Resolution No. 2020-01 Page 3 of 6 analysis, Categorical Exemption Environmental Review No. 2020-12 will be filed for this project. Section 2. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set asi de, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and Ci ty shall cooperate with Applicant in the defense of the Action . Section 3. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Minor Exception No. 2020-02 as conditioned in Exhibit A, attached hereto and i ncorporated herein for the project located at 1037 West First Street. 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 March 18, 2020, and exhibits attached thereto; and, the public testimony, written and oral , all of which are incorporated herein by this reference. *Signature page follows* Resolution No. 2020-01 Page 4 of 6 ADOPTED this 18th day of March, 2020. _______________________ Ali Pezeshkpour, AICP Acting Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Sarah Bernal , Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2020-01 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on March 18, 2020. Date: ________________ ____________________________________ Clerk of the Zoning Administrator City of Santa Ana 5/18/2020 Resolution No. 2020-01 Page 5 of 6 EXHIBIT A Conditions of Approval for Minor Exception No. 2020-02 Minor Exception No. 2020-02 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 submi tted 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. 3. Prior to submitting plans to Building Plan Check, issuance of a Building Permit for the proposed fence, the applicant must submit a formal landscape plan to the Planning Division for review and approval. Plans shall comply with the City’s Water Efficient Landscape Ordinance (WELO) and Guidelines. 4. Prior to submitting plans to Building Plan Check, the applicant must submit new fence plans for the six-foot tall fence that show how the fence will be structurally attached to the ground with footings. Diagonal bracings will not be permitted. 5. Prior to submitting plans to Building Plan Check, the applicant must submit fence plans that show the installation of decorative pilasters that are a minimum of 50 feet on center. conform to design standards in the Citywide Design Guidelines on file with the City of Santa Ana. 6. Prior to Building Permit issuance, the plans must note that anti-graffiti measures will be installed on the premises. 7. Prior to Building Permit issuance, the applicant must submit lighting plans to the Planning Division for review and approval. Resolution No. 2020-01 Page 6 of 6 8. In the event a Building Permit is not required, all such details required in the conditions listed above shall be shown on the landscape plans.