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HomeMy WebLinkAbout2000-71• RESOLUTION N0.2000-71 Kdo/3/22/02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 00-20 THROUGH VARIANCE NO. 00-67 PERMITTING FENCES HIGHER THAN 36 INCHES IN THE FRONT YARD SETBACK LOCATED BETWEEN 805 AND 1126 SOUTH MINNIE STREET 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. On February 5, 2001, the Planning Commission of the City of Santa Ana held a duly noticed public hearing on The Negative Declaration for Environmental Review No. 00-158 and Variance No. 00-20 through 00-67. • B. The proposed project is part of a comprehensive plan to renovate and revitalize Minnie Street, now known as Cornerstone Village. Applicant seeks variances from the City's front yard fence code: Exceed the height standard fro front yard fences on non-arterial streets due to safety requirements and slope differential between the back of sidewalk and courtyard. 2. Exceed the limitations of size of pilasters and monument structures in conjunction with front fences. C. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 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 topography of the properties along Minnie Street and the configuration of the existing developments with shallow front • yard depths result in steep front yards that cannot Resolution No. 2000-71 Page 1 of 3 • accommodate both accessibility requirements and lower front yard fence rules. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The variance will allow for the consistent application of a design approach throughout the Cornerstone Village project while providing accessibility ramps and landings. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The project is part of an overall improvement plan to enhance the Cornerstone Village area. 4. That the granting of a variance will not adversely affect the General Plan of the City. The Cornerstone Village program and constituent parts are consistent with the objectives of residential preservation and rehabilitation of the General Plan. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Project. The Planning Commission has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Planning Commission hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. • Section 3. After conducting the public hearing, the Planning Commission hereby approves and adopts the Negative Declaration for Environmental Review No. 00-158. Resolution No. 2000-71 Page 2 of 3 • Section 4: Based upon the complete record presented to it, including all public testimony and environmental information, and in the exercise of its sound discretion, the Planning Commission hereby approves Variance No. 00-20 through Variance No. 00-67 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 8th day of January, 2001. Ginn ondo Chairper n ~ ~ ~J APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ~l ~' ,~ r_ Kyle dette De City Attorney AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Cribb, Doughty, Leo, Mondo, Nalle, Verino (6) None (0) Richardson (1) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2000-71 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 8, 2001. Date: v~ -~~ Wing Co ssion Secreta C'yofS aAna Resolution No. 2000-71 Page 3 of 3 • Conditions for Approval for Variance No. 00-20 through 00-67 Variance No. 00-20 through Variance No. 00-67 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 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 variance. A. Planning Division 1. A minimum 18 inch planter shall be maintained in front of each landing adjacent to the public sidewalk. 2. All landscaped areas shall be landscaped, irrigated, and maintained to the level of improvement of the time of original field inspection and approval. 3. All front yard fences, or side yard fences abutting McFadden Ave, shall be decorative metal tube or other similar material. r~ ~J 4. Comply with the conditions and requirements of DP No. 98-083 and the staff report exhibits. 5. Each property owner shall be party to the CC&R's and Owner Participation Agreement for Cornerstone Village. Mitigation Measures 6. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. 7. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 8. Streets surrounding the project site should be cleaned at the end of each day of construction. 9. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. • 10. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. EXHIBIT "A" • 11. To the extent feasible, equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 12. To the. extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. 13. Building Plans for the proposed project shall specify that construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday, Saturday 8:00 a.m. to 8:00 p.m. and not permitted on Sundays or federal holidays. B. Police Department 1. The address monuments in the front setback shall be maintained with illuminated address numbers. • Exhibit "A"