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Home My WebLink About1994-10-05MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, OCTOBER 5, 1994 - 6:00 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBER: Jane Madera, Lois Paller MINUTES: The September 7 and 14, 1994 minutes were continued. ITEM 1: USE PERMIT NO. 94-54 (CONTINUED FROM THE SEPTEMBER 21, 1994 ZONING ADMINISTRATOR MEETING) Applicant: Loren K. Bascoy 6361 Athena Drive Huntington Beach, CA 92647 Request: To establish a single family residence as a care facility for six (6) non -ambulatory elderly patients pursuant to Section 9730.48 of the Huntington Beach Ordinance Code. Location: 6361 Athena Drive Mike Strange, Zoning Administrator, stated that this item was continued from the September 21, 1994 Zoning Administrator meeting to get a legal opinion from the City Attorney's office regarding existing California Health and Safety Code statutes regarding residential care facilities. He requested Jane Madera, staff member, to read the opinion. Jane Madera, staff planner, stated that the City Zoning Code requires a use permit to be approved prior to establishing a single family residence as a care facility for six (6) or fewer tenants. The Attorney's office reviewed the existing State law and State statutes of the Health and Safety Code and determined that the State Law overrides the City law and specifically says that the City cannot require any kind of conditional use permit, use permit, variance or any entitlement to establish such a use. The State law states that if a facility cares for six or fewer persons, it is a residential use and shall be permitted. Subsequent to receiving this opinion from the Attorney's office the applicant submitted a letter of withdrawal for the use permit application. The staff also reported that an informational letter regarding the current status of Use Permit No. 94-54 was sent to all interested parties last week. Mike Strange, Zoning Administrator, stated that this application was withdrawn. 1 There were approximately 25 residents in attendance to hear this opinion from the City Attorney's office. THE MEETING WAS ADJOURNED AT 7:00 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, OCTOBER 12,1994 AT 1:30 PM. H. , a (v 06� Mike Strange Zoning Administrator :lp ZA Minutes 10/5/94 2