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HomeMy WebLinkAboutAdministrative Reviews ARX1971055 - Staff Report/Executive SummarySTAFF REPORT Administrative Review No. 71-55 Applicant: Mr. & Mrs. William Rader Date : December 21, 1971 The staff has review<:d Administrative Review Nn. 71-55 and offers the following information for your consideration: 1. This application is before the Planning Commission because the Board of Zoning Adjustments referred it up for final action. 2. The applicant has requested permission to conduct a home for the care of five (5) handicapped n on-related persons at 1819 Lake Street in the R2 Two Family Residence District. 3. This request was filed pursuant to Sec. 9730 .26 of the Huntington Beach Ordinance Code . A copy of this section has been attached for, your review. 4. The request was originally heard by the Board of Zoning Adjustments at their November 17, 1971 meeting at which time the request was con- tinued to allow the applicant time to submit the proF :r documents required by Sec . 9730 .26.2 (f ) for a licensed or certified home. After two subsequent meetings , the Board was advised that Mrs. Rader conducts a similar operation at 8151 Evelyn Circle, Huntington Beach. Because of this , the Board felt that Mrs . Rader would be unable to provide a home environment for these charges and therefore, did not meet the intent of Section 9730.26. The Board was, also, advised that the State will not license or certify a home f or the care of non -related persons regardless of the type of placement for persons between the ages of 16 to 65. This caused con- cern because the staff was of the understanding , from all the re- presentatives of the governmental agencies at the public hearing on the ordinance permitting the care of non-related p,;;sons, that every home would be licensed and/or certified by a governmental agency. 5. It should be noted that the applicant had filed Conditional Exception No. 71-10 for the care of non-related person which was approved by the Planning Commission . However , on September 20, 1971 the City Council revoked the application after a public hearing based on the findings presented by the Department of Building and Safety and the Fire Department. 6. The staff discussed Code Amendment No. 71-33 (Care of Non -Related Persons) with the Commission at the December 14th Study Session at which time the staff pointed out several problems presented by the code as it now exists. It was the consensus of the Commission that the staff should prepare a detailed report reviewing these problems and to offer solutions. 7. In view of the above information , the staff recommends a continuance pf,_ Administrative Review No. 71-55 to the January 18th Planning Commission meeting to allow the staff time to research this matter and report back to the Commission at the January 11, 1971 Study Session.