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HomeMy WebLinkAboutOrdinance #2889 ORDINANCE NO. 2889 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9630 AND ADD THERETO NEW SECTIONS 9634 and 9635 RELATED TO DAY CARE USES The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by amending Section 9630 and adding thereto new Sections 9634 and 9635 9630 PERMITTED USES. The following list includes uses that possess characteristics of such unique and special form as to make impractical their automatic inclusion as a permitted use in any district . The location and operation of such uses shall be subject to approval of a conditional use permit by the Planning Commission and any additional provisions included herein. Uses marked with an asterisk shall not be permitted in any residential district. A. *Airports and heliports C. Churches Colleges, private schools, elementary and secondary public schools (Minimum 10% of parking area shall be landscaped for the above uses . ) *Contractor ' s storage yards pursuant to Section 9631 *Convalescent hospitals and sanitoriums *Commercial recreation and amusement enterprises, including bowling alleys and skating rinks D. Day care uses. Family day care homes for more than six children pursuant to Section 9634. Child care facilities other than family day care homes pursuant to Section 9635. G. *Golf driving ranges; miniature golf courses 1 . H. *Health clubs over 2, 500 sq. ft. Horticulture Hospitals K. *Kennels, animal hospitals or clinics M. *Mulching operations pursuant to Section 9631 Museums 0. *Open air or drive-in theaters P. Parking lots *Post Offices *Private clubs and lodges Private recreation areas or other uses for exclusive use of homeowners Public utility substations of less than one acre, excluding switchyards R. *Radio or television transmitters (commercial) *Recreational vehicle parks subject to locational criteria adopted by resolution *Rest homes Retail nurseries (do not require conditional use permit if in a commercial district) Rooming or boarding houses, except in low density residential districts T. *Transportation terminals U. Utility facilities, public or private, including but not limited to waste-water treatment plants, power generating plants, and pump stations. W. Wind energy conversion systems pursuant to Section 9633 9634 Family day care homes for more than six children are subject to the following provisions: 1 . Seventy-five square feet of outdoor play area per child. Thirty five square feet of indoor play area per child. Outdoor play area shall be grassed and enclosed by a six foot high masonry wall. Any entry gate shall be securely fastened. 2. The total enrollment for the family day care home shall conform to state law. 3 . The applicant shall submit clearance from the Fire Department and a copy of the Orange County Social Services License, prior to the operation of the family day care home. 4. Such facility shall not be located closer than 600 feet to another large family day care home. 5. Garages shall not be used as a designated play area or used in calculating minimum square footage in a family day care home. 2. 6 . Loading and unloading of children from vehicles shall only be permitted on the driveway, approved parking area or directly in front of the facility. family are home shall comply 7. The i y day c p y with all applicable requirements of Chapter 8.40, noise control of the Municipal Code. 8. The Planning Commission reserves the right to revoke the approval of a family day care home if a violation of the conditions of approval occurs . All revocation proceedings shall be preceded by a public hearing. 9. Approvals for family day care homes are non-transferable and the dwelling unit shall be owner occupied. 10. A minimum of two on-site parking spaces shall be provided in addition to the two required fully enclosed parking spaces . 9635 Child care facilities other than family day care homes are subject to the following provisions: 1 . Seventy-five square feet of outdoor play area per child. Thirty five square feet of indoor play area per child. Outdoor play area shall be grassed and enclosed by a six foot high masonry wall . Any gate entry shall be securely fastened. 2. Minimum 10% of parking area shall be landscaped. 3. The total enrollment for the child care facility shall be established by the Planning Commission. 4 . Fire Department clearance shall be obtained prior to the operation of the child care facility. 5. Hours of operation shall be established by the Planning Commission. 6. The applicant shall submit a copy of the Orange County Social Services License prior to the operation of the child care facility. 7 . The applicant shall obtain a business license prior to the operation of the child care facility. 8 . Off-street parking for child care facilities shall comply with Article 960. 9. Loading and unloading of children shall only be permitted from approved parking areas. 10. Children attending the day care facility shall be restricted to designated play areas only, unless supervised by an adult . 11 . The child care facility shall comply with all applicable requirements of Chapter 8. 40, noise control of the Municipal Code. 3 . 12. The Planning Commission reserves the right to revoke the approval of a child care facility if a violation of the conditions of approval occurs . All revocation proceedings shall be preceded by a public hearing. SECTION 3. This ordinance shall take effect thirty days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the lst day of December , 1986. M yor ATTEST: APPROVED AS TY F RM: 7o City Clerk C ' ty Att ey REVIEWED ND APPROVED: IN TIATED AND APPROVED City Administrat r irec or of evelopment Services 1679L 10-27-86 4. Ord. No. 2889 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, 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 17th day of November 19 86 , and was again read to said City Council at a regular meeting thereof held on the 1st day of December , 19 86 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: Councilmen: None ABSENT: Councilmen None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California I, Alicia M. Wentworth CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach independent on ..............0 .. ' In a ccrdlaacc with the City Cha :er of sail City.' ALICIA M. WENTWORTH . City Clerk , Deputy City Cierk