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HomeMy WebLinkAbout160511_ZAReso2016-02_403NSusanLS 5.11.16 RESOLUTION NO. 2016-02 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2016-01 AS CONDITIONED TO ALLOW AN ALTERNATE FRONT YARD FENCE MATERIAL FOR THE JOHN HENRY FOUNDATION CARE HOME AT THE 403 NORTH SUSAN 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. 2016-01 to allow an alternative material front yard fence for the John Henry Foundation care home at 403 North Susan Street. B. Minor Exception No. 2016-01 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on May 11, 2016, to consider all testimony, written and oral. C. Minor Exception No. 2016-01 has been filed with the City of Santa Ana seeking allowance for use of an alternate material for front yard fence standards set by Santa Ana Municipal Code Section 41-610. D. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to grant a minor exception upon making certain findings. Section 2. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. 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. Strict application of the zoning ordinance related to fence material will deprive the subject property of existing privileges related to its special needs residents due to the surroundings. The property is located on Susan Street between First and Fifth Streets and is primarily surrounded by lower density residential development. Maintaining the existing six foot high chain link fence and landscape vines in the Resolution No. 2016-02 Page 1 of 6 front yard is needed in order to allow the property owner the ability to use the facility to its maximum potential; and ensure the stability, privacy and safety of its special needs residents. B. 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 is necessary for the preservation and enjoyment of substantial property rights. Allowing relief to permit chain link with landscape vines for the existing six- foot high front yard will allow the owner the ability to maintain and improve property with a care home facility that provides a secure environment. The existing six foot chain link fence is substantially covered by landscape vines and is compatible with the Two -Family Residence (R2) zoning district. Without the ability to maintain the existing chain link six-foot high fence, the care home operation and care of the special needs residents would be compromised, which impacts the property owners ability to serve their resident clients. C. That the granting of a minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The chain link fence in the front yard setback provides a considerable amount of visual relief due to the existing landscape vines. The replacement of the existing northerly chain link vehicle entry gate and pedestrian gate with wrought iron material will improve the visual aesthetics and not be materially detrimental to the public welfare or injurious to surrounding property. The new six foot wrought iron fence and gate at the southerly main entry to the care home 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. Additional landscaping planting and vines along Susan Street will enrich the streetscape and pedestrian walking experience. D. That the granting of a minor exception will not adversely affect the General Plan of the City. The project will not adversely affect the general plan as care facilities and ancillary fencing are a compatible use in the Low Density Residential General Plan land use designation. In addition, the project is consistent with several goals and policies of the General Plan. Specifically, Land Use Element Policy 2.10 supports new development which is harmonious in scale and character with the existing development and Policy 3.5 encourages new development that is compatible in scale, and consistent with the Resolution No. 2016-02 Page 2 of 6 architectural style and character of the neighborhood. The proposed fencing for the existing care facility, in conjunction with the improvements to be made to the site, will be in scale and compatible with the development pattern of the neighborhood. Section 3: Environmental Findings: A. In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further review pursuant to Section 15301, which is a categorical exemption applying to projects which consist of minor alterations to existing facilities including exterior modifications and re - tenanting of an existing building. Categorical Exemption Environmental Review No. 2013-29 will be filed for this project. B. In support of the Categorical Exemption, the following findings have been made as referenced in CEQA, Section 15300.2: 1. Cumulative Impact. The project, along with successive projects of the same type in the same area, over time shall not result in a cumulative impact. The minor exception will allow the use of alternative materials for a portion of a front yard fence to allow an existing chain link fence. The use of landscape vines and planting for aesthetic screening, and the introduction of wrought iron fencing material at key entry points will mitigate cumulative visual impacts. Therefore, the proposed minor exception to allow an alternative fencing material at the care home facility will not result in a cumulative impact on the surrounding area. 2. Significant Effect. The project shall not be used for an activity where there is reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The minor exception will allow for the maintenance of the existing six foot chain link fence and new fencing improvements within an existing care home facility. The care home use and related fencing is consistent with the residential uses permitted by the zoning district, and will not have any unusual or significant effect on the environment. 3. Scenic Highways. The project shall not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcropping, or similar resources, within a highway officially designated as a state scenic highway. Resolution No. 2016-02 Page 3 of 6 The project is within an existing care home facility. The care home is not located on a designated state scenic highway, in a historic building or scenic resource. Therefore, there will be no damage to a scenic resource resulting from the proposed use of alternative materials for front yard fencing. 4. Hazardous Waste Sites. The project shall not be located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. The Official Hazardous Waste and Substance Site "Cortese" list was consulted and the project site is not included on any known hazardous waste site. This list is updated by the State Department of Toxic Substances and reflects all available information on hazardous sites. 5. Historical Resources. The project may not cause substantial adverse change in the significance of a historical resource. The subject property does not contain any known historic structure or site features. The existing care home was approved in 1970, to convert six single family homes into special needs housing. None of the homes are considered historically significant. Thus, the proposed minor exception for allow the use of chain link as an alternate fence material in the front yard in the existing developed site will not cause any adverse impact to a historical resource. Section 2. The Zoning Administrator, after conducting the public hearing, hereby approves Minor Exception No. 2016-01 as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow for an alternate material for a portion of the front yard fence within the John Henry Foundation care home located at 403 South Susan Street. 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 May 11, 2016, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 11th day of May, 2016. Verny Carvajal Zoning Administrator Resolution No. 2016-02 Page 4 of 6 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:A 1 C -- Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Zoning Administrator Secretary, do hereby attest to and certify the attached Resolution No. 2016-02 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on May 11, 2016. Date: Is %-' Zoning Admini ator Secretary City of Santa Ana Resolution No. 2016-02 Page 5 of 6 Conditions for Approval for Minor Exception No. 2016-01 Should the Zoning Administrator approve Minor Exception No. 2016-01, the approval is 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 belowrip 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 exception. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2013-04 and the staff report exhibits. 2. Any amendment to this minor exception must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the minor exception must be amended. 3. Landscaping, once installed, shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy and per the approved plan. This condition shall include continuance of lush landscaping on all areas of the chain link fencing. 4. Provide an operation and management plan describing on-site security and good neighbor communication practices, to be approved by the Planning Manager prior to occupancy of Building G or Building H within the care home. 5. Should the chain link fence become unusable due to age or disrepair, the new replacement fencing material shall consist of wrought iron, as initially planned. Resolution No. 2016-02 Page 6 of 6