HomeMy WebLinkAbout2004-46•
RESOLUTION NO. 2004-46
KO-11 /28/04
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING MINOR
EXCEPTION NO. 2004-05 TO PERMIT AN ARBOR THAT
EXCEEDS THE MAXIMUM WIDTH AND DEPTH
REQUIREMENTS FOR THE PROPERTY LOCATED AT 706
EAST CATALINA AVENUE
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. 2004-05 came before the Zoning Administrator of the
City of Santa Ana for a public hearing on October 27, 2004.
B. The applicant is requesting approval of Minor Exception No. 2004-05 to
construct of a nine-foot high, nine-foot wide, and seven-foot five-inch deep
arbor within the front yard setback for the property located at 706 East
• Catalina Avenue. The proposed arbor exceeds the allowed maximum width
and depth.
C. Santa Ana Municipal Code Section 41-638 authorizes the Zoning
Administrator to grant a minor exception upon making certain findings.
1. 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?
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. The 6,960 square foot lot and depth of the
front yard setback exceeds the City's minimum requirements
such that the design of the arbor is reasonable in scale with
the property and an enhancement to the neighborhood.
2. That the granting of the minor exception is necessary for the
preservation and enjoyment of one or more substantial property
rights.
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Resolution No. 2004-46
Page 1 of 3
The denial of this minor exception will impact the rights of
• the property owners to enjoy the use of their property. The
construction of the nine-foot wide and four-foot deep arbor
will provide the owners and their guests with a sense of
arrival, and provide an additional aesthetic amenity to
compliment the architecture of the house.
3. That the granting of the 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 its appearance is
compatible with the scale of existing streetscape of the
surrounding properties. It is located on private property and
would not be injurious to 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 proposed arbor materials are compatible with the
existing residence and the scale of the proposed arbor will
not significantly stand out from the existing arbors that are
constructed to current standards.
4. That the granting of the 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 will not have a significant 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. A nine-foot
wide and four-foot deep wooden arbor is reasonably in
proportionate with the existing neighborhood.
D. In accordance with the California Environmental Quality Act, the proposed
project is exempt pursuant to the General Rule Exemption Section
15061(b)(3). No further environmental review is needed. Environmental
Review No. 2004-180 will be filed for this project.
Section 2. The Zoning Administrator of the City of Santa Ana after conducting
the public hearing hereby approves Minor Exception No. 2004-05. This decision is
based upon the evidence submitted at the abovesaid hearing, which includes but not is
not limited to: the Request for Zoning Administrator Action dated October 27, 2004 and
exhibits attached thereto; and the public testimony, all of which are incorporated herein
by this reference.
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Resolution No. 2004-46
Page 2 of 3
ADOPTED this 27th day of October, 2004.
•
~~~
Kenneth Adams
Zoning Administrator
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: ~. ~
Kylee O. o
Deputy C Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
• I MARTHA RAMIREZ, Clerk of the Zonin Administrator, do hereby attest to and certify
g
the attached Resolution No. 2004-46 to be the original resolution adopted by the Zoning
Administrator of the City of Santa Ana on October 27, 2004.
Date: l ~i~ ~d
Clerk of the Zoning Administrat
City of Santa Ana
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Resolution No. 2004-46
Page 3 of 3
Conditions for Approval for Minor Exception No. 2002-05
Minor Exception No. 2002-05 is approved and shall comply with all applicable sections of
the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire
Code, the Uniform Building Code, and all other applicable regulations.
The applicant must comply in full with each and every condition listed below rip or 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
The arbor structure shall be a maximum depth of four feet.
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EXHIBIT A