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HomeMy WebLinkAbout161012_ZAReso2016-05_5321WFirstResolution No. 2016-05 Page 1 of 5 RESOLUTION NO. 2016-05 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2016-02 AS CONDITIONED FOR THE PROPERTY LOCATED AT 5321 WEST 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. The applicant, Danny Nguyen, is requesting approval of Minor Exception No. 2016-02 to allow the installation of an overhead feeder at the property located at 5321 West First Street. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41 -626, approval of a minor exception is required to allow an overhead electrical feeder when otherwise required to be placed underground for new developments. C. Minor Exception No. 2016-02 came before the Zoning Administrator of the City of Santa Ana on October 12, 2016, for a duly noticed public hearing. D. For Minor Exception No. 2016-02, the Zoning Administrator of the City of Santa Ana determines that the following findings have been established: 1. 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 project site has a special circumstance related to its location and surroundings. The power pole currently servicing the surrounding residences is at maximum capacity and power from this pole is not feasible; to obtain power from this pole, the owner must upgrade three nearby power poles to allow for increasing capacity. These upgrades will be extremely costly to the applicant and are beyond the typical range of cost experienced by most developers of single-family residences in Santa Ana. 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. Resolution No. 2016-05 Page 2 of 5 The granting of the minor exception is necessary for the preservation and enjoyment of substantial property rights. The granting of the minor exception will preserve the property owner’s ability to complete construction of a new single-family residence and to provide power to the new residence and for the enjoyment of future occupants. 3. That the granting of a minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of this minor exception will not be detrimental to the public or surrounding properties. There are existing overhead feeders throughout this segment of First Street. Undergrounding the electrical feeder from this location will require trenching through seven lanes of First Street, which will result in the closure of First Street for numerous days creating traffic and inconveniences to the surrounding neighborhoods and the general public. Moreover, the undergrounding would impact two adjacent properties, requiring trenching through their sidewalk frontage. Approving this minor exception to allow the overhead electrical feeder will not have any negative impacts to the surrounding properties or general public welfare and will be the most feasible option to the applicant, SCE, and the City 4. 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 the proposed minor exception is consistent with Goals 1, 2 and 3 of the Land Use Element of the General Plan. These goals encourage the development and occupation of single-family residences. Policy 1.4 supports the development of single-family residential lots, Policy 2.10 supports new development which is harmonious in scale and character with existing development in the area, Policy 3.1 supports development which provides a positive contribution to neighborhood character and identity, and Policy 3.5 encourages new development and/or additions to existing development that are compatible in scale, and consistent with the architectural style and character of the neighborhood. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act (CEQA). The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption applies to projects consisting of construction and location of limited numbers of new, small facilities, or structures of up to 10,000 square feet in floor area insofar as the project and site meet the following criteria: that the project site is zoned for such use, that the project note involve the use of significant amounts of hazardous substances where all necessary Resolution No. 2016-05 Page 3 of 5 public services and facilities are available, and the surrounding area is not environmentally sensitive. Moreover, the project and its location meet the test for exceptions as outlined in Section 15300.2 of the CEQA guidelines; the project site is not located in an environmentally sensitive area and will not impact an environmental resource of hazardous or critical concern. Based on these criteria and on staff’s analysis, Categorical Exemption Environmental Review No. 2016-103 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Minor Exception No. 2016-02 as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 5321 West First Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated October 12, 2016, and exhibits attached thereto; and, the public testimony, written and oral , all of which are incorporated herein by this reference. ADOPTED this 12th day of October, 2016. _______________________ Verny O. Carvajal, AICP Zoning Administrator APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney Resolution No. 2016-05 Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jocelyn Magalona, Clerk of the Zoni ng Administrator, do hereby attest to and certify the attached Resolution No. 201 6-05 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on October 12, 2016. Date: ________________ ____________________________________ Clerk of the Zoning Administrator City of Santa Ana Resolution No. 2016-05 Page 5 of 5 EXHIBIT A Conditions of Approval for Minor Exception No. 2016-02 Minor Exception 2016-02 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 prior 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. All proposed site improvements must conform to the site plan review approval of Res. No. 2015-2131 and No. 2016-1080. 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 if the minor exception must be amended