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HomeMy WebLinkAbout77-063RCS:lm 6/13/77 RESOLUTION NO. 77-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE ACTION OF THE PLANNING COMMISSION ON VARIANCE APPLICATION 77-4 AND APPROVING SAID VARIANCE APPLICATION WHEREAS, a public hearing was duly held before the City Council of the City of Santa Ana on June 6, 1977, on the action taken by the Planning Commission in approving Variance Application No. 77-4; and WHEREAS, prior to taking action on said variance application, this Council has reviewed and considered the negative declaration for the subject property; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. That based on such public hearing and on the oral and documentary evidence submitted therein and the in- formation set forth in Negative Declaration 77-30, the City Council does hereby affirm the action of the Planning Commis- sion on Variance Application No. 77-4. 2. That the City Council adopts as its findings of fact for approval of Variance Application No. 77-4 the Findings of Fact, Variance Application No. 77-4, prepared and submitted by the Planning Commission, on file in the office of the Clerk of the Council and incorporated herein as though fully set forth, and approves said variance appli- cation subject to the conditions set forth therein and sub- ject to the following further conditions: a. The maximum number of children on the property at one time shall be 36. b. The maximum number of employees working on the premises at any one time shall be 9. 3. That the City Council approves findings con- tained in the negative declaration and finds that the project will not have a significant effect upon the environment. ADOPTED this 20th day of June , 1977 by the following vote: Ward, Brandt, Ortiz, Evans, AYES: COUNCILMEN: Garthe NOES: COUNCILMEN: None CLERK OF THE COUNCIL APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY FINDING OF FACT VA 77-4 REPORT DATE Staff: 4/6/77 Commission: 4/11/77 4/28/77 APPLICANT: Regina 14arris ADDRESS & ZONING: 1721W. Washington Avenue AP 4-070-7 R 2 District SDM 11-5-10 VA PURPOSE: To allow an infant care center, care center office and a hot line and counseling center with less than the required parking. STAFF RECOt~4ENDATION: Denial FINDINGS IN COMPLIANCE WITH SECTION 41-638 OF THE SANTA ANA MUNICIPAL CODE. a) 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 prop- erty of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. There are special circumstances that apply to this property owner of privileges granted similar properties tn l be area. (Santa Ana College day care center next to subject property.) b) That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of the property right to use the subject property in a similar manner as the adjacent property. c) That the granting of a variance or minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance would be a service to the publicwelfare and not injurious to surrounding property because of the need for day care family in this area. d) That the granting of a variance or minor exception will not adversely-' affect the General Plan of the City. The granting of ~he variance will not be detrimental to the General Plan. COMMISSION ACTION & VOTE: Approved 4/28/77 AYES: NOES: ABSENT: Commissioners Stffermann, Yates, Curtis, Ankrum, Gosse Commissioners None Commissioners Acosta, Winters REASON FOR ACTION: The application meets the requirements of Section 41-638 pertaining to variances. VA 77-4 Page I 78 VA 77-4 Regina Harris OETAILS OF PROPOSAL: 1. Description of Proposal: The applicant proposes to utilize three duplex units (presently under con- struction) as an infant care center, care center office, and a hot line and counseling center for mothers. Children will be cared for up to the age of 2)syears old. The child care center operated next door, CUP 76-10, takes care of children over 2~years of age. There are three duplex buildings on the property. Each duplex contains 1,620 sq.ft, of building area and consists of two 2-bedroom units. There are six covered parking spaces and three open spaces. The duplex closest to the street would be used for offices and the hot line (crisis center). The back 1~o duplexes would be the infant care center. There will be a maximum of sixteen employees on the premises at one time, fourteen for the care of children and two for the crisis center. See attach- merit for details. 2. Area Description: A. Property: The subject property has gO feet of frontage on Washington and is 204 feet deep and contains 18,360 sq.ft, or .42 acres. B..Surrounding Oevelopment: North: apartments East: day care'center (college) South: single family-residences West: single family residences C. Street System: Washington Avenue is a planned arterial street. O. Comparable Applications or Circumstances: CUP 76-10, 1715 W. Washington, day school for 60 children, was approved by City Council on 4/26/76. E. Surrounding Zoning: See attached 5DM. F. Present Use: three duplexes under construction 3. General Plan Compatibility: The General Plan indicates low density residential. 4. Reasons for Staff Recommendation: A. The proposal will be detrimental to surrounding existing uses. B. The proposal will be detrimental to the General Plan. ¢. Parking end drop-off area as proposed is not adequate for this facility. There should be a minimum of 16 offstreet parking spaces. S. If the Commission approves the application, the following standard requirements must be met: A. Planning: 1, 2, 4, 14 6. The following requirements must also be met: A. Planning 1) Maximum hunter of chtldren on the property at one time shall be SO. 2) All landscaping shall b(.permenentlymetntatned. VA 77-4 Regina Harris 3) Maximum number of employees shall be 16; however, there shall be no more than ten (10) employees working on the premises at any one time. 4) Hours of operation shall be from 7:00 A.H. to 10:30 P.M. s) All units shall be used for day care purposes or ancillary uses as indicated in the request. None of the units shall be rented or occupied for living purposes on a 24-hour basis. e) This variance shall be reviewed annually, at which time the Planning Department shall review the subject premises to determine if the re- quired conditions of the variance have been met and to determine whether or not any problems have arisen due to this operation. The Planning Department may, after an annual review, apply additional con- ditions. These conditions are subject to review and approval by the Planning Commission and City Council. B. Fire Department l) The facility shall comply with Titles lg and 24, California Administration Code, and the Santa Aha Uniform Fire Code. C. Police Department l) All exterior doors, with the exception of glass sliding doors, shall be solid core in design and be equipped with at least a single cylinder deadbolt lock with a minimum one inch throw and rotating, tapered cylinder guards. The strike plate should be at least four inches in length and attached with a minimum three-inch screws securing it to the jamb. a) Double cylinder deadbolt locks with a minimum one inch throw shall be installed where glass is within 40 inches of the locking device on solid core doors. The deadbolts shall have the same specifications as listed previously. z) Glass sliding doors shall be constructed to restrict them from being lifted out of the track when in a closed position and shall be secured with a lock or an auxiliary locking device approved by the Police Department. 3) Glass sliding windows shall be constructed to restrict them from being lifted out of the track when in a closed position and shall be secured with a lock or an auxiliary locking device approved by the Police Department. 4) All windows shall be secured with a lock or an auxiliary locking device which must meet with the approval of the Police Department. 5) Shrubbery should be planted and trimmed so that exterior doors and windows are not hidden from view. e) Residence shall be clearly identified by street number address. These numbers shall be a minimum of four inches in height, of con~ trasttng color to the background, and must be visible from traveled access areas. 7) Lighting for parking areas, walkways and doorways shall meet with the standards of the Illuminating Engineers' Society. This ltghttng is to be maintained at the recommended foot candle and wattage levels during the hours of darkness or in those areas that mmlntatn darkness. 6) All individual offices and buildings within the complex shall be clearly identified by nu~.~ers, letters and/or a combination thereof. COf*IPLIANCE WITH C.E.Q.A. PROCEDURES: Negative Declaration HAROLD GOSSE, JR. CHAIR.MAN ~ SANTA ANA PLANNING COMMISS]ON VA 77-4' Page 3 VA 77-4 Regina Harris 3) Maximum nun~)er of employees shall be~ 4) Hours of operation shall be from 7:00 A.M. to 10:30 P.M. 5) All units shall be used for day care purposes or ancillary uses as indicated in the request. None of the units shall be rented or , occupied for~li~ng purposes on a 24-hour basis. ' · F~re Department ~ ~ l) The facility shall comply with Titles 19 and 24, California Administration Code, and the Santa Ana Uniform Fire Code. C. Police Department 1) All exterior doors, with the exception of glass sliding doors, shall be solid core in design and be equipped with at least a single cylinder deadbolt lock with a minimum one inch throw and rotating, tapered cylinder guards. The strike plate should be at least four inches in length and attached with a minimum three-inch screws securing it to the jamb. a) Double cylinder deadbolt locks with a minimum one inch throw shall be installed where glass is within 40 inches of the locking device on solid core doors. The deadbolts shall have the same specifications as listed previously. Glass sliding doors shall be constructed to restrict them from being lifted out of the track when in a closed position and shall be secured with a lock or an auxiliary locking device approved by the Police Department. Glass sliding windows shall be constructed to restrict them from being lifted out of the track when in a closed position and shall be secured with a lock or an auxiliary locking device approved by the Police Department. 4) All windows shall be secured with a lock or an auxiliary locking device which must meet with the approval of the Police Department. 5) Shrubbery should be planted and trimmed so that exterior doors and windows are not hidden from view. 6) Residence shall be clearly identified by street number address. These numbers shall be a minimum of four inches in height, of con- trasting color to the background, and must be visible from traveled access areas. 7) Lighting for parking areas, walkways and doorways shall meet with the standards of the Illuminating Engineers' Society. This lighting is to be maintained at the reconmended foot candle and wattage levels during the hours of darkness or in those areas that maintain darkness. 8) All individual offices and buildings within the complex shall be clearly identified by numbers, letters and/or a combination thereof. COMPLIANCE WITH C.E.Q.A. PROCEDURES: Negative Declaration Jr