HomeMy WebLinkAbout20100923_2010-03_801EFirstSt•
RESOLUTION NO. 2010-03
ROH - 9/23/10
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA ADOPTING MINOR
EXCEPTION NO. 2010-01 TO ALLOW ASIX-FOOT TALL
WROUGHT IRON FENCE AT 801 EAST FIRST 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. Applicant is requesting approval of Minor Exception No. 2010-01 to allow
a six-foot tall wrought iron perimeter fence for a child care center located
at 801 East First Street.
•
B. The applicant is requesting relief from Section 41-610(a) of the Santa Ana
Municipal Code (SAMC), which establishes the maximum height of walls
and fences to four feet in height where the wall or fence extends into the
required front yard or any required landscape area.
C. Minor Exception No. 2010-01 came before the Zoning Administrator of the
City of Santa Ana for a public hearing on September 1, 2010. At the
request of the applicant, the hearing was continued at that time by the
Zoning Administrator to the regular meeting of September 15, 2010.
However, in order to provide the necessary public notice, the hearing for
September 15, 2010, was taken off calendar and re-scheduled for the
regular meeting of September 23, 2010. Thereafter, Minor Exception No.
2010-01 came before the Zoning Administrator of the City of Santa Ana for
a duly noticed public hearing on September 23, 2010
D. 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.
•
Due to the unique location on a corner lot along a busy
arterial street, denial of the minor exception variance would
deprive the property owner the privilege of utilizing the facility
to its maximum potential in order to ensure the privacy and
Resolution No. 2010-03
Page 1 of 5
. safety for its clients. Unlike traditional interior lots, corner lot
situations result in a significant loss of usable open space and
offer only minimal privacy.
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 would allow the property
owner the opportunity to fully utilize the site and maintain
privacy and enjoyment for the clients of EI Jardin Child
Development Center.
3. That the granting of a minor exception will not be materially
detrimental to the public welfare or injurious to surrounding property.
C J
The proposed wrought iron fence will be consistent with the
architectural theme and materials found on the project site
and nearby properties. The height and appearance of the
fence will blend with the existing building and landscaping and
will not be materially detrimental to the public welfare or
injurious to surrounding property. The fence will be located
outside of required corner site distance triangle and will not
interfere with the safety of pedestrians or motorists entering or
exiting the site.
4. That the granting of a minor exception will not adversely affect the
General Plan of the City.
The granting of the minor exception will not adversely affect
the City's General Plan in any way as the land use
designation of Urban Neighborhood (UN) allows fences in
conjunction with commercial uses in the land use designation.
E. This project was reviewed in accordance with the guidelines for the California
Environmental Quality Act. The recommendation is exempt from further review
pursuant to Section 15301. This Class 31 exemption allows for minor
alterations to existing facilities. Categorical Exemption Environmental Review
No. 2006-150 will be filed for this project.
•
Section 2. The Zoning Administrator of the City of Santa Ana hereby approves
Minor Exception No. 2010-01 as conditioned in Exhibit "A" attached hereto and
incorporated herein. This decision is based upon the evidence submitted at the above
said hearing, which includes, but is not limited to: the Request for Zoning Administrator
Action dated September 1, 2010 and exhibits attached thereto; the Request for Zoning
Resolution No. 2010-03
Page 2 of 5
• Administrator Action dated September 23, 2010 and exhibits attached thereto; and the
public testimony, all of which are incorporated herein by this reference.
ADOPTED this 23rd day of September, 2010,
i
~~
Vince Fregoso
Acting Zoning A ministrator
APPROVED AS TO FORM:
Joseph W., Fletcher, City Attorney
By:!
Ryan
•
•
Resolution No. 2010-03
Page 3 of 5
• CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and
certify the attached Resolution No. 2010-03 to be the original resolution adopted by the
Zoning Administrator of the City of Santa Ana on September 23, 2010.
,~
Date: ~(~ ~
~ic-ef the-~ning Administrator
City of Santa Ana
•
•
Resolution No. 2010-03
Page 4 of 5
• Conditions for Approval for Minor Exception No. 2010-01
Minor Exception No. 2020-01 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 rior 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
1. The project shall remain in compliance with Site Plan Review DP No. 09-
09.
2. Any amendment to this minor exception must be submitted to the Planning
Division for review. At this time, staff will determine if administrative relief
is available or the minor exception must be amended.
• 3. Move the fence back a minimum of 10 feet from the property line on First
and Lacy Streets.
4. Install six-foot, split face block pilasters at a maximum 50 feet on center.
5. Any deviation to the fence location must be submitted to the Planning
Division for review. If it is determined that the deviation is significant, it
must be submitted to the Zoning Administrator for action.
• Exhibit A
Page 1 of 1
Resolution No. 2010-03
Page 5 of 5