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HomeMy WebLinkAbout76-027CJL:ag 1/29/76 RESOLUTION NO. 76-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, AFFIRMING THE ACTION OF THE PLANNING COMMISSION ON VARIANCE APPLICATION NO. 75-68, DENYING SAID VARIANCE APPLICATION, AND DENYING APPEAL NO. 360 FILED THEREON BY DAVID H. WILSON, M,Do WHEREAS, a public hearing was duly held before the City Council of the City of Santa Ana on February 17, 1976 , 1976 on Appeal No. 360 filed by David H. Wilson, M.D. in opposition to the Planning Commission's denial of Variance Application No. VA 75-68. NOW, THEREFORE, BE IT RESOLVED, 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 denying Variance Application No. VA 75-68 and does hereby deny said Variance Application No. VA 75-68 and does hereby deny Appeal No. 360 filed thereon in opposition to the Plan- ning Commission's action. BE IT FURTHER RESOLVED, that the City Council hereby adopts as its findings of fact for denial of Variance Application No. VA 75-68, those "Finding of Fact, Variance No. VA 75-68" prepared and submitted by the Planning Commission. PASSED AND ADOPTED by the City Council of the City of Santa Aha at its regular meeting held on the 17th day of February , 1976. ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss.: CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Resolution was introduced to said Council at its regular meeting held on the 17th day of February , 1976, and was at said meeting passed and adopted by the following vote, to wit: AYES: COUNCILMEN: Evans~ 0rtiz, Bricken, Brandt, Ward NOES: COUNCILMEN: Yamamoto ABSENT: COUNCILMEN: None Garthe, APPROVED AS TO FORM: KEITH L. GOW, CITY ATTORNEY CLERK OF THE COUNCIL j'I'AF~' 1-6-76 ,:(?"r~'f qSION 1-12-76 FIHDING OF PACT vA 75-~ APPLICANT: David N. Wilson ADDRESS & ZONING: 2304 Park Blvd. AP 002-122-10 VA PURPOSE: To allow a psycho-therapist existing single family residence STAFF RECOMMENDATION: Den i a 1 Di.~ rlct to practScc w~%h~,, an ] District. COMMISSION ACTION & VOTE: DENIED 1/12/76 AYES: NOES: ABSEnt: Commissioners Griset, O'Dell, Acosta, Gosse, Winters Commissioners Commissioners None Ankrum, Yates, REASON FOR ACTION: The proposed use as an office wouldbe an intrusion into an area that is all ._esIdent~ally zoned and used land. The only commercial in the area Js across Broadway to the east and south on Broadway. Off-street parking as proposed on the site would l]ot be adequate. City code would require a minimum of 6 off-str~:~et !~arking spaces, and required maneuvering area. ~ 7, ~1 .r on Santa C. In the future there will be no carb:~e par'_?in,'~ -'''~ Clara Avenue o~ Broadway. General plan and the existing zoning in the City !fas established areas for this type of ]and ust.~ and this typ'~'~ ':~f use is not desirable it/ R ! single family residential ~'.~ ~a~:,, DETAILS OF PROPOSAL: 1. Description of Proposal: %~he existing two story residence has an attached 2 car garage reached from a circular driveway off Santa Clara Avenue. The applicant resides here full lime 3nd also use~ portions of the residence for psycho-therapy. The doctor's office is in a 12' x 15' room on !;he first floor. His secretary occupies a 12' × 15' dining room office area, also on the first floor. Patients enter the secretary's office through an exterior door from Santa Clara Avenue. A part time psychologist conducts testing in a 12' x 12' upstairs bedroom. The applicant has indicated that staff msy p~r~: ~ the driveway area. At the present time approximately 15% ~:>f ~?le ]~uildiDg is being used for office purposes. According to the applicant the proposed use w~ul~ be part time., It has been stated hewers_r, that office hours coul. d be from 9:00 AM to 5:00 PM, Monday through Thursday s~d Friday morning. 'File applicant plans for a maxJ~m~m of 2 patients ;~,t one time. No special equipment is required i]~ col]nect:[on with t]te use and it has been stated that no si.qrls ;~re requ].red. VA 75-68 Page 1 7O David N. Wilson 2. Area Description: Property: An irregular shaped ~orner lot containing appro×imately 9,800~ and located at the intersection of ~'a~k Blvd. and Santa Clara Avenue west of Broadway. B. Surrounding Development: north - single family residences east - restaurant south - single family residence west - single family residence C. Street System: Park Blvd. is a local street, Santa Clara Avenue and Broadway are planned arterial streets. D. Comparable Applications or Circumstances: None in the area. E. Surrounding Zoning: See attached SDM F. Present Use: The applicant is presently living in this residence and is using portions of it illegally as a doctor's office for psycho-therapy. 3. General Plan Compatibility: The General Plan designates the area on the west side of Broadway for low density residential use or 0-8 dwelling units per acre. '4. Reasons for Staff Recommendation: The proposed use as an office would be an intrusion into an area that is all residentially zoned and used land. The only commercial in the area is across Broadway to the east and south on Broadway. Off-street parking as proposed on the site would not be adequate. City Code would require a minimum of 6 off- street parking spaces and required maneuvering area. C. In the future there will be no curbside parking either on Santa Clara Avenue or Broadway. Do Double uses on property (office and residential) create problems as they are transition uses and are detrimental to existing uses. General Plan and the existing zoning in the City has established areas for this type of land use and this type of use is not desirable in R 1 single family residential areas. If the Commission is inclined to approve the application, the Staff recommends that the variance be continued for two weeks so that conditions may be prepared. COMPLIANCE WITH CEQA PROCEDURES - NEGATIVE DECLARATION bhm VA 75-68 Page 2 EVERETT WINTERS, CHAIRMAN SANTA ANA PLANNING COMMISSION