HomeMy WebLinkAboutOrdinance #1836 ORDINANCE NO. 1836
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY AMENDING SECTION 9730 . 26; AND BY ADDING
THERETO SECTIONS 9730 . 27 THROUGH 9730 . 27 . 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 amended
by amending Section 9730 . 26 to read as follows :
9730 . 26 . CERTIFICATE OF OCCUPANCY. The requirements of
this article shall be satisfied prior to the issuance of a
certificate of occupancy for any professional, industrial or
commercial use.
SECTION 2 . The Huntington Beach Ordinance Code is hereby
amended by adding thereto Sections 9730 . 27 through 9730 . 27. 9
to read as follows :
9730 . 27. 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 . 27. 1. ADMINISTRATIVE REVIEW 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 approval thereof issued by the Board of
Zoning Adjustments pursuant to administrative review applica-
tion.
9730 . 27. 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) .
(b) A minimum of 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
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 nonrelated persons, the
Board, in its decision, may prescribe a maximum number of
such persons , not to exceed six (6) , 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 Huntington Beach Ordinance Code and the California
Administrative Code.
(i) Related persons shall mean related by blood, marriage
or legal adoption. Nonrelated persons shall mean any other
person.
9730 . 27. 3. NOTICE AND HEARING ON APPLICATION. No
approval shall be issued hereunder without prior notice and
hearing. Such notice of hearing must be given to applicant
and all surrounding property owners pursuant to Article 981
of this code.
9730 . 27. 4 . ADMINISTRATIVE REVIEW. TIME LIMIT. An ad-
ministrative review approval issued under the provisions set
forth shall be for a period of one (1) year from date of
2.
issuance unless sooner revoked.
9730 . 27. 5. REVOCATION. An administrative review approval
may be revoked by the Board of Zoning Adjustments for good cause
upon notice and hearing on the grounds that the applicant has
failed and/or refused to comply with all of the provisions of
the administrative review approval and this code.
9730 . 27. 6 REVOCATION. HEARING AND NOTICE. Notice of
intent to revoke an administrative review approval shall be
issued by the Board to the applicant at least ten (10) days
prior to the hearing. No administrative review approval for
the care of nonrelated persons shall be revoked without no-
tice to applicant and hearing.
9730 . 27. 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 . 27. 8. PENALTY. Any person violating any of the pro-
visions of Sections 9730 . 27 . 1 to and including 9730 , 27. 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 . 27. 9 . SEVERABILITY. If any section, subsection,
sentence, clause, phrase, or portion of Sections 9730 . 27 . 1
through 9730 . 27. 8, or any amendments or revisions thereto, or
the application thereof to any person, firm, corporation or
cirumstance, 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 re-
visions thereto, irrespective of the fact that one or more sec-
tions , subsections , sentences , clauses or phrases or portions
be declared invalid or unconstitutional .
SECTION 3 . This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
3 .
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 21st
day of May, 1973 .
Mayor
ATTEST: APPROVED AS TO FORM:
ems. ..
W
C y- C erk -city- t r y
JI ,�e
4.
Ord. No. 1836
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly appointed, qualified 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 1_6th day of ---APri
19 73 , and was again read to said City Council at a regular
meeting thereof held on the 21s t day of May , 19 73 , 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 Duke, Matney
NOES: Councilmen:
None
ABSENT: Councilmen:
Coen
ity Clerk and ex-officio Clerk
I, Alicia M. Wentworth CITY CLERK of the City of of the City Council of the City
Huntin,-ton Beach and ex-officio Clerk of the CRY of Huntington Beach California
Councii, do hereby certify that this ordinance has g
been published in the Huntington Beach dews on
• .. ......................
In acc3rdanc wit he ity Charter of said City.
City Clerk
.................•...................._.....•.....
Deputy City Clerk