HomeMy WebLinkAboutRESO 2020-03_1141 W WALNUT STREETRESOLUTION NO. 2020-03
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING MINOR
EXCEPTION NO. 2020-04 AS CONDITIONED FOR THE
PROPERTY LOCATED AT 1141 WEST WALNUT 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. The applicant, Tracy Tu, is requesting approval of Minor Exception No.
2020-04 to allow the installation of an overhead electrical feeder at the
property located at 1141 West Walnut Street.
B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-626, approval
of a minor exception is required to allow an overhead electrical feeder
when otherwise required to be placed underground for new developments.
C. The applicant is currently constructing a new single-family residence and
converting an existing single-family residence at the rear of the property
into an accessory dwelling unit. During construction, it was identified that
the proposed overhead electrical feeder service necessitated application
for a minor exception to allow overhead electrical feeder service to the
new and rehabilitated structures.
D. Minor Exception No. 2020-04 came before the Zoning Administrator of the
City of Santa Ana on November 4, 2020, for a duly noticed public hearing.
E. For Minor Exception No. 2020-04, the Zoning Administrator of the City of
Santa Ana determines that the following findings have been established:
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.
The project site has a special circumstance related to its location and
surroundings. Drawing electrical service from the only other power
pole capable of providing an underground service is not feasible; to
obtain power from this pole, the owner would have to trench the
parkways of two residential properties and trench under West Walnut
Street. This option would be impractical to the applicant and the
Resolution No. 2020-03
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associated costs are beyond the typical range of cost experienced by
most developers of single-family residences in Santa Ana.
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. The granting of the
minor exception will preserve the property owner's ability to complete
construction of a new single-family residence and accessory dwelling
unit and to provide power to the new residential units and for the
enjoyment of future occupants.
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. There is an existing overhead feeder
that currently provides electrical service to the subject site.
Additionally, the temporary power is also being drawn from the same
pole. Continuing to provide overhead service will alleviate the need to
trench through two residential properties that the property owner does
not control. Additionally, temporarily closing West Walnut Street to
allow construction and trenching would create traffic and
inconveniences to the surrounding residents and the general public.
Approving this minor exception to allow the overhead electrical feeder
will not have any negative impacts to the surrounding properties or
the welfare of the general public and will be the most feasible option
for the applicant, Southern California Edison (SCE) as the electric
utility provider, and the City.
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. The project satisfies all of these General Plan goals
and policies.
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F. This project was reviewed in accordance with the Guidelines for the
California Environmental Quality Act (CEQA). The recommendation is to
exempt the project per Section 15303, new facilities. Class 3 exemption
consists of construction and location of limited numbers of new, small
facilities or structures; installation of small new equipment and facilities in
small structures; and the conversion of existing small structures from one
use to another where only minor modifications are made to the exterior of
the structure. The numbers of structures described in this section are the
maximum allowable on any legal parcel. The project consists of the
construction of a new single-family residence. Categorical Exemption
Environmental Review No. 2020-87 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 aside, 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 City shall cooperate
with Applicant in the defense of the Action.
Resolution No. 2020-03
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Section 3. The Zoning Administrator of the City of Santa Ana after conducting
the public hearing hereby approves Minor Exception No. 2020-04 as conditioned in
Exhibit A, attached hereto and incorporated herein for the project located at 1141 West
Walnut 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 November 4, 2020, and exhibits attached thereto; and, the public
testimony, written and oral, all of which are incorporated herein by this reference.
ADOPTED this 4t" day of November, 2020.
Vince Fregoso, AIC
Zoning Administrato
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:A Reu
Laura A. Rossini
Acting Chief 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. 2020-03 to be the original resolution adopted by the Zoning
Administrator of the City of Santa Ana on November 4, 2020.
Date: 11/4/2020 /W L �L tZ
Clerk of the Zoning Administrator
City of Santa Ana
Resolution No. 2020-03
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EXHIBIT A
Conditions of Approval for Minor Exception No. 2020-04
Minor Exception 2020-04 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
All proposed site improvements must conform to the approvals contained in
the following Planning Division applications for new single-family residences
and associated accessory dwelling units: RES-2018-1891 and RES-2019-
277.
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.
3. Upon completion of construction, all landscaping shall be installed, restored,
and/or maintained as required by the approved landscape plans associated
with application nos. RES-2018-1891 and RES-2019-277.
Resolution No. 2020-03
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