HomeMy WebLinkAboutCode Amendment 71-33 - Ordinance 1753 - Section 9730.26 - Ca Affidavit ®f A ' ilicati®n
State of California
`County of Orange ss
City- of Huntington Beach
George Farquhar, being duly sworn on oath, says: That he is a
citizen of the United States, over the age of twenty-one years.
That he is the printer and publisher of the Huntington Beach
News, a weekly newspaper of general circulation printed and pub-
lished in Huntington Beach, California and circulated in the said
County of Orange and elsewhere and published for the dissemination
of local and other news of a general character, and has a bona fide
subscription list of paying subscribers, and said paper has been
established, printed and published in the State of California, and — =r----
County of Orange, for at least one year next before the publication i Published Huntington Beach News Marl
of the first insertion of this notice; and the said newspaper is not 23, 1972.
devoted to the interest of, or published for the entertainment of any NOTICE OF PUBLIC HEARING
particular class, profession, trade, calling, race or denomination, or CODE AMENDMENT 71-33
any number thereof. NOTICE IS HEREBY GIVEN that a pub-
The Huntington Beach New was adjudicated a legal newspaper Co hearing will be held by the City
Council of.the City of Huntington Beach,
of general circulation by Judge G. K. Scovel in the Superior Court in -the Council Chamber of the civic
of Orange County, California August 27th, 1937 by order No. A-5931. Center, Huntington Beach, at the hour
of 7:30 P.M., or as soon thereafter as
possible, on Monday the 3rd day of
That the CODE AMEND14ENT 71--33 April, 1972, for the purpose of consider-
ing Code Amendment No. 71-33, initiated
by the City Planning Commission, the
.ntent being to:
1) Amend the definition of a family
of which the annexed is a printed copy, was published in said news- rS. 9700.6) by excepting all non-related
care homes and subjecting such homes
to the Care of Non-Related section of
paper at least one i B B ue the Code;
2) Amend the intent and purpose of the
Care of Non-Related section, (S. 9730.26)
commencing from the 2 rd._ da of March by specifying a,residency requirement of
Y a licensed operator;
3) Amend S. 9730.26.2(f) by specifying
-J
19 r—?, and ending on the rd dayof March that a licensed resident-applicant. be re
quGred in such home; and
4) Add S. 9730.26.2(i) which states that
"The care of none-related is not intended
private care."
19�_, both days inclusive, and as often during said period and p permit board and care or non-licensed!
times of publication as said paper was regularly issued and in the pr ,
All interested persons are invited to,
regular and entire issue of said pewspaper proper, and not in a attend said hearing and express their;
supplement, and said notice was published therein on the following opinions for or against said Code Amend
dates, to-wit: 1ment.
Further information may be obtained'
1 from the Office of.the City Clerk:
Mar, 23 , 1972 �? DATED: 3n4/72
CITY OF HUNTINGTO{f BEACH
y- By: Paul C. Jones
City Clerk
—� PA- lisher
Subscribed and sworn to before me this 24th day of GOLTivC`XL
T
p
March 19 72 /' c3vE 17- 11 ...--
rs�SB't.-o2 A aLaxg Notary Public -�~ ..•--"'"!
Orange County, California
ter''
°w �t THOMAS D. WYLLIE
3 " Notary Public-California
Orange County
My Commission Expires
' <uvon September 12, 1974
1 d
�. :j of Huntington Beach
County of ®range
State of California
Jf fidavitof Publication
of GEORGE FARQUHAR
Publisher Huntington Beach News
Filed—
Clerk
B —
Y
Deputy Clerk
• tl 4e
Huntington Beach Planning Commission
P.O. BOX 990 CALIFORNIA 92648
April 3, 1972
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: Planning Commission
RE : Code Amendment No. 71-33
ATTN : David D. Rowlands, City Administrator
Paul Jones, City Clerk
Gentlemen :
Transmitted herewith is a copy of Code Amendment No. 71-33.
Said amendment was initiated by the Planning Commission to
clarify the code by :
1 . Amending the definition of a family (S. 9700. 6) and excepting
all non—related persons that are placed by a licensing agency.
2. Amending the intent and purpose of the Care of Non—Related section
(S. 9730 . 26) and specifying a residency requirement of a licensed
operator.
3. Amending S.9730 . 26. 2(f) by specifying that the care of non—related
shall only be conducted in a home in which the resident —
applicant is licensed.
4. Adding S. 9730 . 26. 20) which states that "The care of non—related
is not intended to permit board and care or non—licensed
private care".
The Planning Commission, at their March 7 , 1972 meeting , unanimously
approved Code Amendment No. 71-33 and recommends approval by your
Honorable Body .
The State Planning Act requires that a public hearing be held after
which the Code Amendment may be adopted by ordinance :
Respectfully submitted ,
K. A . Reynolds
Secretary
KAR :vm
Encl : �,
THIRD DRAFT - STAFF REVIEVi
Propo:,ed Code Amendment No. 71.-33
1 February 9, 1972
2 May_ t;e generally referred to as :
"CARE:. OF NON-RELATEIU AM},Ni)MI?NT"
3 That the following changes are proposed to the Huntington Beach
4 Ordinance Code. The intent being to 1. ) amend the definition of
a family (S. 9700.6) by excepting all non-related care homes and
b subjecting such homes to the Care of Non-Related section of the
Code, 2. ) amend the intent and purpose of the Care of Non-Related
6 section (S. .9730.26) by specifying a residency requirement of a
licensed operator, 3. ) amend S. 9730.26.2 (f) by specifying that
7 a licensed resident-applicant be required in such home, and 4. .)
add S. 9730.26.2 ( j ) which states that "The care of non-related
8 is not intended to permit board and care or non-licensed private
care* Said changes shall read as follows:
• . . . . . . . . . • e • . • . e . • . . . . . • • • m . • o . e . . . . • • . e • o . . . e . . • • m o o . . o o e . o • o .
9
10 REPEALED: (none)
e e s • s e e e a • • o e o • e e • o e e s o a o . o 0 0 • e o • • e o 0 0 • • • • • e o • e o • • o o m o o e • e e o o s o 0
11 RENUMBERED: (none)
• o e e e • e e • • • e o • e • o s o • e • • • e e o o . . o 0 0 0 • • e . • . e . • . e . e o e o 0 0 0 o a o o • o o e o o a
12 AM�,NDED
13 S. 9700. 6 Words beginning with the letter "F" shall have the
14 following definitions:
15 (1) FAMILY. A family is defined as a person or collec-
16 tive body of persons excluding servants, related by blood , affin--
17 ity, or legal adoption living together in a dwelling unit. Fam-
16 ily is also defined- as a group of five persons or less excluding
19 servants who need not be related by blood, affinity or legal adop
20 tion, living together in a dwelling unit. In no case shall the
21 number of unrelated persons combined with the related persons
22 exceed five except as provided in S. 9730.26.2 (a) of this code
23 in which case all non-related persons, that are placed by a lic-
24 ensing agency, shall be subject thereto.
25 S. 9730.26 CARE OF NON-RELATED PERSONS. Twenty-Four-Hour Care.
26 The intent of this section is to provide, create,
27 and maintain a home environment in which the licensed operator
26 resides and which will be healthy and physically safe for the
29 care of non-related persons on a twenty-four-hour basis. The
30 intent is also to preserve the residential character of the neigh
31 borhood wherein said care is permitted and to discourage any sit"
32 uation that may tend to detract from the overall intent.
1 of 2
Ord ; 71-33; Feb0972)
S. 9730.26.2 ( f) The care of non-related persons shall be con-
2 ducted only in a home in which the resident-applicant is: 1. )
3 licensed by a state or county licensing agency, 2. ) under sup-
4 ervision of a governmental agency, and 3. ) in compliance .with all
5 applicable laws and regulations. Evidence of such licensing
6 shall accompany the initial application.
• s • • e • • • ♦ • e • e • • s • e • • • • e • e o • o 0 0 0 o e • e • e e • e ♦ e • e e e • e o e e m o 0 o e o 0 0 o m o ♦ o
7 ADDED:
8 S. 9730.26.2 ( j ) The care of non-related is not intended to per-
9 mit board and care or non-licensed private care.
Wr
2 of 2
ttoHuntington Beach Planning Commission
P.O. BOX 190 CALIFORNIA 92648
April 3, 1972
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: Planning Commission
RE : Code Amendment No. 71-33
ATTN : David D. .Rowlands, City Administrator
Paul Jones, City Clerk
Gentlemen :
Transmitted herewith is a copy of Code Amendment No. 71-33.
Said amendment was initiated by the Planning Commission to
clarify the code by :
1. Amending the definition of a family (S. 9700. 6) and excepting
all non—related persons that are placed by a licensing agency .
2. Amending the intent and purpose of the Care of Non—Related section
(S. 9730. 26) and specifying a residency requirement of a licensed
operator.
3. Amending S.9730 . 26. 2(f) by specifying that the care of non—related
shall only be conducted in a home in which the resident —
applicant is licensed.
4. Adding S. 9730. 26. 2(j) which states that "The care of non—related
is not intended to permit board and care or non—licensed
private care".
The Planning Commission, at their March 7 , 1972 meeting, unanimously
approved Code Amendment No. 71-33 and recommends approval by your
Honorable Body .
The State Planning Act requires that a public hearing be held after
which the Code Amendment may be adopted by ordinance .
Respectfully submitted,
K. A . Reynolds
Secretary
KAR : vm
Encl :
Publish 3/23/72
PUBLIC HEARING SET
FOR:...... � - ....... Postcards de
NOTICE OF PUBLIC HEARING
71-33
NOTICE IS HEREBY GIVEN that a public hearing will be held by the
City Council of the City of Huntington Beach, in the Council
Chamber of the Civic Center, Huntington Beach, at the hour of
P.M. , or as soon thereafter as possible, on ndav
the 3rd day of _ Anil 19 , for the purpose of
considering Code Amendment No. 71-33, initiated by the City Planning
Commission, the intent be.ng to
1) Amend the d6finition of a family (S. 9700.6) by excepting all
non-related care homes and subjecting such homes to the Care of
None-Related section of the Code;
2) Amend the intent and purpose of the Care of Non-Melated section
(S. 9730.26) by specifying a residency requirement of a licensed
operator;
3) Amend S. 9730.26.2 (f) by specifying that a licensed residency
applicant be required in suck, home; and
4), Add S. 9730.26.2 (j) which states that "She care of non-related
is not intended to permit board and care or non-licensed private
care. "
All interested persons are invited to attend said hearing and
express their opinions for or against said Cnde Am nddeQent .
Further information may be obtained from the Office of the City
Clerk.
DATED: 311 172 CITY OF- HUNTINGTON BEACH
By: Paul C . Jones
City Clerk
City Clerk
City of Huntington Beach
The Huntington Beach Pla ing Commission, at their regular/4d=jo-u ed
meeting held /�j���_�� %� //(V/-7) 7 , recommended
of
If approval has been recommended, the City Council will be required to
hold a public hearing on this matter. Although there is a 10 day appeal
period, we suggest that the matter be set for the earliest possible City
Council meeting, because the purpose of any appeal is to have a hearing
before the City Council and this is already being accomplished. We
further suggest that you not accept any appeal, as it will serve no purpose.
If approval has been recommended other than as requested, the City Council
will be required to hold a public hearing on this matter. However, there
is a possibility that the Planning Commission's decision will be appealed;
therefore, we suggest that publication be held off until the 10 day
appeal period has expired.
If denial has been recommended, the City Council may summarily deny the
request. However, we suggest that the matter not be scheduled on the
City Council agenda until the 10 day appeal period has expired.
A copy of the Planning Department legal notice, and a list of owners of
property within 300 feet of the subject area will be submitted upon your
request.
The applicant in this matter is o
e o
(Address)
0
(Telephone)
Kenneth R. Reynolds,
Planning Director
By 0
Number of Excerpts None.
Publish Once
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
CODE AMENDMENT NO 71-33
NOTICE IS HEREBY GIVEN that a public hearing will be held
by the City Planning Commission of the City of Huntington
Beach for the purpose of considering a Proposed C de Amendmen
The intent being to: 1) Amend the definition of a family (S.9700.6)
by excepting all non-related care homes and subjecting such homes
to the Care of Non-Related section of the Code; 2) Amend the intent
and purpose of the Care of Non-Related section (S.9730.26) by specifying
a residency requirement of a licensed operator; 3) Amend S.9730.26.2(f)
by specifying that a licensed resident-applicant be required in such
home; and, 4) add S. 9730.26.2(j ) which states that ' The care of non-
related is not intended to permit board and care or non-licensed private
care.
Said hearing will be held at the hour of 7:00 P.M. ,
Orl March 7, 1972 , in the Council Chamber of the Civic Center,
' untington Beach, California, on 5th Street between Main Street
and Orange Avenue.
All interested persons are invited to attend said hearing
and express their opinions for or against the proposed
Code Amendment
Further information may be obtained from the City
Planning Department.
Telephone No 536-5271
DATED this 24th day of February, 1972
CITY PLANNING COMMISSION
By
K.A. Reynolds
Secretary
ID
r�
r
5 May 1972
TO : City Council
FROM: City Attorney
SUBJECT : Code Amendment No. 71-33; Care of
Nonrelated Persons
Upon recommendation of the Planning Commission and
direction of the Council, we transmit ordinance
amending Sections 9700 . 6, 9730 . 26 and 9730 . 26 . 2
pertaining to care of nonrelated persons in order
to amend the definition of a family, and to require
that the operator of a home for nonrelated per-
sons be licensed and a resident of the licensed
premises .
Respectfully submitted,
DON P. BONFA
City Attorney
DPB:WM:ahb
Attachment