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RESOLUTION NO.2003-15
Lss/05/08/03
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING MINOR
EXCEPTION NO 2003-04 FOR THE PROPERTY AT 509
SOUTH STARBOARD 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. Minor Exception No 2003-04 came before the Zoning Administrator of the
City of Santa Ana for a duly noticed public hearing on May 7, 2003.
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B. Minor Exception No. 2003-04 has been filed with the City of Santa Ana
seeking to permit the addition of 23-inch high light fixtures to the pilasters of
an existing 34-inch high block and wrought iron fence within the front yard
setback of the property located at 509 South Starboard Street.
C. The Zoning Administrator determines that the following findings, which must
be established in order to grant a minor exception from the provisions of the
Santa Ana Municipal Code, have been established:
That because of special circumstances applicable to the subject
property, including size, shape, topography, location or surroundings,
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 interpretation of the zoning ordinance
is found to deprive the subject property of privileges. The
fence is consistent with other fence designs in the surrounding
neighborhood.
2. That the granting of a variance or minor exception is necessary for
the preservation and enjoyment of one or more substantial property
rights.
The denial of this minor exception will impact the rights of the
• property owners to enjoy the use of their property. The
addition of the lights will not serve as a barrier and will only
• illuminate the front yard and allow for a greater enjoyment of
the area.
3. That the granting of a variance or minor exception will not be
materially detrimental to the public welfare or injurious to surrounding
property.
The granting of a minor exception will not be detrimental or
injurious to the surrounding properties, as the appearance of
the fence is aesthetically compatible with the surrounding
properties. Goal 2.7 of the Urban Design Element states that
projects must exhibit a functional, comfortable scale in relation
to the neighborhood. The neighborhood will be visually
improved with the type and style of the fence.
4. That the granting of a variance or minor exception will not adversely
affect the General Plan of the City.
The requested minor exception will not adversely affect the
General Plan, as it does not have a negative impact on the
goals and policies expressed in that document. Goal 3.5 of
the Urban Design Element Policy Plan is to encourage
residential alterations that are consistent with the architectural
• character of the neighborhood. The block wall fence with light
fixtures is compatible with the character and style of the
existing neighborhood.
D. The Zoning Administrator received testimony regarding the proposed fence.
The Zoning Administrator expressed that the applicant's request is
reasonable due to the following:
The proposed fence was built in compliance with the Santa Ana
Municipal Code. The addition of smaller light fixtures will bring the
fence structure to a height not exceeding six inches above the City
standard;
2. The applicant's neighbor testified on behalf of the neighborhood that
they support and approve of the fence with light fixtures; and
3. The fence with smaller light fixtures would be an aesthetically
appealing component to the neighborhood.
E. Categorical Exemption Environmental Review No. 03-086 will be filed for
this project pursuant to the California Environmental Quality Act.
Section 2. The Zoning Administrator of the City of Santa Ana, after conducting
• the public hearing, hereby approves Minor Exception No. 2003-04 with the condition that
the light fixtures attached to the pilasters be replaced so the total height does not exceed
the City standard by more than six inches.
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ADOPTED this _~ day of May, 2003.
Kenneth Adams
Zoning Administrator
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
• Laura Sh~ dy
Assistant ity Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, LAURA JOHNSON, Clerk of the Zoning Administrator, do hereby attest to and certify
the attached Resolution No. 2003-15 to be the original resolution adopted by the Zoning
Administrator of the City of Santa Ana on May 7, 2003.
Date: ~~~
le k of th ing Administrator
~ Ci y of Ana
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