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Home My WebLink AboutOrdinance #1670 ORDINANCE NO .167O AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTIONS 9730 .26 THROUGH 9730 .26 .9 CONCERNING CARE OF NONRELATED PERSONS The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by adding thereto Sections 9730 . 26 through 9730 . 26 .9 to read as follows : 9730 . 26 . CARE OF NONRELATED PERSONS . TWENTY-FOUR-HOUR CARE. The intent of this section is to provide , create and maintain a home environment which is healthful and physically safe for the care of nonrelated persons on a twenty-four-hour basis . The intent is also to preserve the residential charac- ter of the neighborhood wherein said care is permitted and to discourage any situation that may tend to detract from the overall intent . 9730 . 26 .1. PERMIT REQUIRED. No person shall conduct , operate or maintain or permit to be conducted, operated or maintained, or to participate in the conduct , maintenance or operation of a home for the care of nonrelated persons within the City of Huntington Beach unless application has been made to and permit issued therefor by the Board of Zoning Adjust- ments pursuant to administrative review application. 9730 .26 . 2 . APPLICATIONS . CRITERIA FOR. The Board shall review all applications that are submitted in the manner pre- scribed by applying the following criteria: (a) For the purpose of this section, the number of non- related persons shall not exceed six (6) , and the total number of persons residing on the property, including related and nonrelated, shall not exceed eight ( 8) . However, there shall be no limit on the number of related persons when there are no nonrelated persons residing therein. (b ) One hundred fifty (150 ) square feet of floor area shall be provided for each person residing on the property . ( c) A minimum of one hundred fifty (150) square feet 1. of fenced, outdoor-play area with a minimum dimension of ten (10 ) feet shall be provided for each ambulatory child under the age of sixteen (16) . (d) In no way shall the appearance of the dwelling be altered, whether by colors , materials , construction, lighting, windows, signs , sounds , or any other means , so that it may be reasonably recognized as serving other than a residential use . (e) As to the accommodation of additional nonrelated per- sons , the Board, in its decision, may indicate a maximum num- ber of such persons permitted in the existing residence . (f) The care of nonrelated persons shall be conducted only in a home that is licensed or certified by a state or county licensing agency , under supervision of a governmental agency, and complies with all applicable laws and regulations . Evidence of such a license shall accompany the initial appli- cation. (g) The fire department shall submit a report and fire clearance . (h) The number and location of all exits shall comply with the California Administrative Code, as presently written or as may hereafter be amended. (i) Related person shall mean related b blood marriag e e y � g or legal adoption. Nonrelated person shall mean any other person . 9730 . 26 . 3 . NOTICE AND HEARING ON APPLICATION. No permit shall be issued hereunder without prior notice and hearing. Such notice of hearing must be given to applicant and all sur- rounding property owners pursuant to Article 981 of this code . 9730 .26 . 4 . PERMIT . TIME LIMIT. A permit issued under the provisions set forth shall be for a period of one (1) year from date of issuance unless sooner revoked. 9730 . 26 . 5 . REVOCATION. A permit may be revoked by the Board of Zoning Adjustments for good cause upon notice and hearing on the grounds that the permittee has failed and/or refused to comply with all of the provisions of the permit and this code . 9730 . 26 . 6 . REVOCATION. HEARING AND NOTICE . Notice of intent to revoke a permit shall be issued by the Board to the permittee at least ten (10 ) days prior to the hearing. No permit for the care of nonrelated persons shall be revoked 2 . without notice to permittee and hearing. 9730 .26 . 7 . APPEAL. Any decision or action of the Board of Zoning Adjustments shall be final unless a written appeal is filed by any person aggrieved thereby or any member of the City Council with the Planning Commission within ten (10 ) days after the Board 's decision. Pursuant to such notice and hear- ing, the Planning Commission shall make a determination. 9730 . 26 . 8 . PENALTY . Any person violating any of the pro- visions of Sections 9730 . 26 .1 to and including 9730 . 26 .7 of this code shall be guilty of a misdemeanor, and shall be deemed guilty of a separate violation for each and every day , or portion there- of, during which any violation of any of the provisions of such sections is committed, continued or permitted. Upon conviction of any such violation, such person shall be punished by a fine of not more than Five Hundred Dollars ($500 ) or by imprison- ment up to six (6) months or both such fine and imprisonment for each such violation . 9730 . 26 .9 . SEVERABILITY . If any section, subsection, sentence , clause , phrase , or portion of Sections 9730 . 26 .1 through 9736 . 26 .8, or any amendments or revisions thereto, or the application thereof to any person, firm, corporation or circumstance , is for any reason held to be invalid or uncon- stitutional by any decision of any court of competent juris- diction, such decision shall not affect the validity of the remaining portions of such sections . The City Council of the City of Huntington Beach hereby declares that it would have adopted such sections and each subsection, sentence , clause , phrase or portion thereof, including amendments or revi- sions thereto, irrespective of the fact that one or more sections , subsections , sentences , clauses , or phrases or portions be de- clared invalid or unconstitutional . SECTION 2 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly news- paper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of September, 1971 . Mayor 3 . ATTEST : a'.we City 421lerk APPROVED AS TO FORM: f, 'y j City Attorn 4 . Ord. N,o. 1670 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, The duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 16th day of August 19__Ll , and was again read to said City Council at a regular meeting thereof held on the7th day of September , 19 71 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Shipley, Bartlett, Gibbs , Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and -officio Clerk of the City Council of the City of Huntington Beach, California 1, PAllL C. JONES, CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that this ordinance has been publish in the Huntington Beach News on 19 In accordanc�it� City Charter of Said City. IPAUL C. JONES -�� -�� ----- -- r --..._.-C-----Clerk Deputy City Cleric