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HomeMy WebLinkAbout77-002RCS:ar 12/27/76 RESOLUTION NO. 77-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE ACTION OF THE PLANNING COMMISSION ON VARIANCE APPLICATION NO. 76-62 AND APPROVING SAID VARIANCE APPLICATION. WHEREAS, a public hearing was duly held before the City Council of the City of Santa Ana on December 20, 1976, on the action taken by the Planning Commission in ap- proving the negative declaration and Variance Application No. 76-62 which variance would allow a residential care home for ten (10) guests, 18 to 64 years old, and change a condi- tion of Variance No. 67-117 which limited guests to eight (8) elderly people at 1916 South Cedar Street in the R-1 District, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana: 1. That based on such public hearing and the oral and documentary evidence submitted therein, the City Council of the City of Santa Ana does hereby affirm the action of the Planning Commission approving the negative declaration and Variance Application No. 76-62 and does hereby approve said Variance Application No. 76-62. 2. That the City Council hereby adopts as its findings of fact for approval of the Negative Declaration and Variance Application No. 76-62 that certain "Finding of Fact, Variance Application No. 76-62," prepared and sub- mitted by the Planning Commission, on file in the Office of the Clerk of the Council and incorporated by reference herein as though fully set forth. ADOPTED, this 3rd day of January , 1977 by the following vote: AYES: COUNCILMEN: Bricken, Garthe, Yamamoto, Brandt NOES: COUNCILMEN: Ward ABSENT: COUNCILMEN: 0rtiz ABSTAINED: COUNCILMEN: Evans ATTEST: CLERK OF THE COUNCIL ~.S TO FORM: ~EITH L. GOW CITY ATTORNEY FINDING OF FACT VARIANCE APPLICATION NO. 76-62 REPORT DATE Staff: 11/4/76 Commission: 11/8/76 APPLICANT: HUbert C. Barker ADDRESS & ZONING: 1916 S. Cedar Street AP 14-Il1-15 R 1 District SDM 19-5-9 VA PURPOSE: To allow a residential care home for ten guests, ages 18 to 64, changing a condition of Variance 67-117 which limited guests to eight elderly people. STAFF RECOMMENDATION: Denial COMMISSION ACTION & VOTE: APPROVED 11/8/76 AYES: Commissioners Winters, Ankrum, Acosta, O'Dell, Gosse NOES: Commissfoner Yates ABSENT: Commissioners, None REASON FOR ACTION: That the granting of this variance with all attached conditions will not be detrimental to the public welfare or surrounding property and further it will not adversely effect the General Plan of the City. DETAILS OF PROPOSAL: 1. Description of PRoposal: On January 22, 1968, the Planning Commission approved VA 67-117 to estab- lish a boarding house on the subject property. A condition of VA 67-117 limited the number of guests to a maximum of eight elderly people. At present there are ten guests living at 1916 S. Cedar Street and they range in age from 18 to 64 years old. The owner of the business, Mrs. Cecilia Bates, has stated that she has operated with ten guests, primarily develop- mentally disabled adults, for approximately five years now. The facility' is licensed by the County of Orange, and is classified ~as a board and care facility rather than a boarding house. A review of Police Department records has indicated that there have been no complaints or abnormal problems at the facility. The applicant is requesting that the number of guests be allowed to remain at ten and.that there be no stipulation as to their age. 2. Area Description: Property: A rectangular shaped parcel with 70 feet of frontage on Cedar Street, a depth of 118 feet and a total area of approximately 8,260 sq.ft. B. Surrounding Development: Single family residences in all directions. C. Street System: Cedar Street is designated as a local street. D. Comparable Applications or Circumstances: None in the area. E. Surrounding Zoning: See attached SDM. F. Present Use: board and care home 3. General Plan Compatibility: The General Plan indicates low density residential. VA 76-62 Page 1 VA 76-62 Hubert C. Barker 4. Staff Evaluation: The subject property at 1916 S. Cedar Street contains the following: A. A two-story five-bedroom, three-bathroom single family residence con- taining approximately 2,138 sq.ft. B. A single story, three-bedroom, one bathroom guest house containing approximately 540 sq.ft. C. A 180 sq.ft, storage room. D. One two-car garage with a 30-foot deep driveway which will allow for tandem parking of two additional vehicles. The lot itself contains approximately 8,260 sq.ft. VA 67-117, under which the use was originally approved, included a request for 12 guests. After evaluation, it was determined by the staff and Planning Commission that 12 guests would be an excessive number considering the size of the property and the facilities provided. Therefore, a condi- tion was placed on VA 67-117 to limit the number of guests to eight elderly people. As no building or property additions have taken place on the subject property since the approval of VA 67-117, it is staff's feeling that no justification exists to allow an increase in the number of guests, nor to change the con- dition restricting the home to caring for the elderly only. Therefore, staff would recommend that this application be denied. 5. Reasons for Staff Recommendation: A~ The applicant's request, if granted, would have a detrimental impact · on the low density residential character of the neighborhood. Bo As no building or property additions have taken place on the subject property since the approval of VA 67-117, it is staff's feeling that no justification exists to allow an increase in the number of guests, nor to change the condition restricting the home to caring for the elderly. 6. If the Commission approves the application, the following standard require- ments must be met: A. Planning: l, 2, 14 B. Public Works: 16, 22 c, 41 7. The following requirements must also be met: A. Public Works l) Improvements: Cedar Street Replace or repair sidewalk at any "step-up." Fi re Department l) Requirements of Title 19 must be met. COMPLIANCE WITH C.E.Q,A. PROCEDURES: Negative Declaration HAROLD GOSSE,v,'" CHATRMAN_ SANTA ANA PLANNING COM~q:S~ION INITIAL STUDY (ENAF) NUMBER:, PREPARED BY:, Cecilia Bates 3310 West Hood, 76-155 Santa Ana, DATE September 2, CA 92704 COPIES AVAILABLE AT: PLANNING DEPARTMENT 20 Civic Center Plaza Santa Ana, CA 92701 Telephone: 834-4164 PROJECT TITLE/DESCRIPTION: Variance amendment from home for elderly to, ambulatory adults. PROJECT LOCATION/ADDRESS: 1916 South Cedar PROJECT ASSESSOR'S PARCEL NO. (IF KNOWN): 14-111-15 REVIEWING DEPARTMES~: Planning In accordance with the City of San~a Ana's policies regarding implementatiom of the California Environmental Quality Act of 1970 (specifically Section 21151 of the Public Resources Code), the Environmental Impact Evaluator for this department has reviewed the Environmental Assessment Form submitted in re- quest for Negative Declaration status for the above described project and hereby finds that the proposed project cannot, or will not, have a significant effect on the environment. Meg- ative Declaration status is therefore ~ranted for this pro- jec~ and the submittal of an Environmental Impact Re~ort is thereby not necessary. The granting of Negative Declaration status is based upon the following: 1. Public Facilities and Utilities are adequate to handle any.. additional demands by the project. 2. The proposal will not have a significant negative impact on the environmental plans and goals that have been adopted by the ,gommunity where the prQject is located, 3. The proposed project will not have a significant negative effect on the Cit,=,'s ~n~r~] Plan. 19' ~5~![~ONME~AL EVALUATO[~ ' 'John H. Richards Associate Planner, for Charles C. Zimmerman Director of Planning DATE: 9-2-76 M, I M, j MI -' S~TE DISTRICT Ave Va, 76-62 ! !