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HomeMy WebLinkAbout2005-66 RESOLUTION NO. 2005-66 KO - 08/29/05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING MINOR EXCEPTION NO. 2005-06 TO CONSTRUCT A FRONT YARD FENCE THAT EXCEEDS THE 36-INCH MAXIMUM HEIGHT FOR THE PROPERTY AT 2022 NORTH HELIOTROPE 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. Applicant is requesting approval of Minor Exception No. 2005-06 a solid six- foot tall fence within the front yard setback, which exceeds the 36-inch maximum height for front yard fences on non-arterial streets, for the property located at 2022 North Heliotrope. B. Minor Exception No. 2005-06 came before the Zoning Administrator of the City of Santa Ana for a public hearing on July 27, 2005. After conducting • the public hearing, the Zoning Administrator referred the item to the Planning Commission pursuant to Santa Municipal Code Section 41-641. C. The Planning Commission held a public hearing on Minor Exception No. 2005-06 on August 22, 2005. D. Section 41-610 of the Santa Ana Municipal Code contains the wall and fence requirements, including limiting the front yard fence height to 36 inches, and limiting the solid portion of walls and fences to 18 inches. E. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a Minor Exception upon making certain findings which have not been established. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? There are no special circumstances applicable to the subject property where the strict 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. This is a • typical !ot with no unique site features that warrant a fence above code requirements. Resolution No. 2005-66 Page 1 of 3 n LJ 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The denial of this minor exception will not impact the rights of the property owners to enjoy use of their property. The construction of a six-foot tall fence will not guarantee any greater enjoyment than which is permitted by code. Additionally, the lot measures approximately 15,000 square feet and is two and one-half times the size of a typical lot size in Santa Ana. The existing private open space located in the rear yard would allow for substantial private open space and not necessitate the need to enclose the front yard for private open space purposes. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a minor exception will be detrimental to the surrounding properties due to the fortress type fence appearance that is aesthetically incompatible with the immediately adjacent surrounding properties. The existing large prevailing front yard setback provides enhances the visual character of the neighborhood. A six-foot tall fence will be a visual and physical obstruction within the existing prevailing setback pattern of the neighborhood. 4. That the granting of a variance will not adversely affect the General Plan of the City. Goal 3.5 of the Land Use Element Policy Plan is to encourage residential alterations that are consistent with the architectural character of the neighborhood. The proposed solid six-foot tall fence is not consistent with this stated land use policy, as the solid structure would negatively detract from the large open front yard development pattern that exists. As a result, the proposed fence would have an adverse affect on the architectural character of the neighborhood. F. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review as section 15303 (e) exempts the construction of front yard fences. Categorical Exemption Environmental Review No. 05-134 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby denies Minor Exception No. 2005-06. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated August 22, 2005, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2005-66 Page 2 of 3 ADOPTED this 22nd day of August, 2005 by the following vote: AYES: Commissioners: De La Torre, Gartner, Leo, Lutz (4) NOES: Commissioners ABSENT: Commissioners ABSTENTIONS: Commissioners APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ~~ By: Kylee O. Ot Assistant C y Attorney None (0) None (0) Cribb, Mondo, Nalte (3) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-66 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 22, 2005. Date: '~~~Q C er o the Planning Commission City of Santa Ana Resolution No. 2005-66 Page 3 of 3