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HomeMy WebLinkAboutCode Amendment 70-14 - Ordinance 1670 - Sections 9730.26 thr Page 8 - Council Minutes - 9/7/71 1F RES. NO. 335E - ADOPTED - SURPLUS 1i'EDERAL PROPE',RTY - C1VI:L D11,1'10;N.�11: "A RESOLUTION OF THE CITY COUNCIL 01-0 THE CITY OIL' HUNTINGTON 13EACI1 REQUESTING ELIGIBILITY TO RECEIVE SURPLUS FEDERAL PROPERTY FOR CIVIL DEFENSE PURPOSES UNDER PUBLIC LAW 655, 84TH CONGRESS (70TH STAT. 493) . It RES. NO. 3357 -_ADOPTED - REIMB. - HEIL AVE. SEWER CONSTRUCTION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND. " 173 RES. NO. 335$ - ADOPTED - RULES AND RAPES - AMBULANCE SERVICE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH COVERING PROCEDURES, RULES AND RATES PERTAINING TO AMBULANCE SER- VICE WITHIN THE CITY OF HUNTINGTON BEACH, AND REPEALING RESOLUTION NO. 2995. " RES. NO. 3359 - ADOPTED NOTICE OF ANNEXATION - "SIGNAL BOLSA NO. 1" "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH GIVING NOTICE OF ANNEXATION TO SAID CITY OF CERTAIN UNINHABITED TER- RITORY DESCRIBED HEREIN AND DESIGNATED AS "SIGNAL BOLSA NO. l . " Aly RES . N0. 3360 - ADOPTED - GRANT TO DEVELOP LAND FOR OPEN SPACE PURPOSES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND PROVIDING FOR THE EXECUTION OF A CONTRACT FOR GRANT TO DEVELOP LAND FOR OPEN-SPACE PURPOSES NO. OSA-CA-09-16-1003(D) (G) BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE UNITED STATES OF AMERICA. " ORDINANCES FOR ADOPTION On motion by Bartlett, Council directed the Clerk to read Ordinance Nos . 1669 and 1670 by title, waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None fit ORD. NO. 1669 - ADOPTED - ZONE CASE NO. 71-21 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 906l THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTHEASTERLY SIDE OF PACIFIC COAST HIGHWAY, APPROXIMATELY 1+00 FEET NORTH OF ANDERSON STREET. " ORD. NO. 1670 - ADOPTED - CARE OF NON-RELATED PERSONS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNT- INGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTIONS 9730.26 THROUGH 9730.26.9 CONCERNING CARE OF NON-RELATED PERSONS. " ORDINANCES FOR INTRODUCTION On motion by Matney, Coi-mcil directed the City clerk to read Ord-f.- nance Nos . 1671, 1672 and 1673 by title, and waived further read!.ng by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, 13reeri, Matney, Crwn, McCracken NOES: Councilmen: None ABSENT: councilmen: None MEMORANDUM TO: Planning Commission FROM: Richard A. Harlow, Acting Secretary RE: Code Amendment No 70-14 (Care of Non- Related Persons) DATE: April 20, 1971 As a result of the discussion at the April 13, 1971 Study Session concerning the code amendment pertaining to the care of non- related person, the Staff has amended the proposal to reflect the change suggested. This change will add subsection G to re- quire the Fire Department to submit a report and fire clearance for each application. The public hearing on this matter was con- tinued from April 6, 1971 . i ' *fte (Corrected 4- 20- 71) (Corrected 4-13-71) ( r:cir'r t(-d ()-71 ) 1 N 1 NTil I)IZ "I" 2 �' >TAF1` RI?V1(;W 3 Proposed Code Amendment No. 70- 14 4 , January 7 , 1971 5 ' The following changes are proposed to the Huntington Beach i 6 ! Ordinance Code; the intent being to add provisions for the 7 ;, care of Non-Related Persons . Said changes shall read as ' . I 8 follows : 9 REPEALED. . . . . . . . . . . 10 RENUMBERED. . . . . . . . . i 11 AMENDED. . . . . . . . . . . . i 12 ADDED: S.9730. 26 Care of Non-Related Persons; Twenty- four ;i 13 Hour Care: 14 The intent of this section is to provide, create and maintain 15 a home environment which is healthful and physic<,lly safe for 16 the care of non-related persons on a twenty-four hour basis . 17 The intent i.: a'-so to preserve the residential character of i 18 the neighborhood wherein said care is permitted and to dis- 19 courage any situation that may tend to detract from the overall 20 'i intent. i 21 S. 9730. 26. 1 Administrative Review: The care of non- 221 related persons may be permitted in any residential district 23 subject to the approval of an Administrative Review Application 24 'i by the Board of Zoning Adjustments . I 251 ^ .9730. 26. 2 The Board shall review all applications 26 that are submitted in ;.ne manner prescribed by applying the 27 .E following criteria: i 28 ' A. For the purpose of this section, the Y-iumLe.r of Addition not to exceed six (6) non-related charges /and the persons resin i.Ig 30 on the property shall not exceed an aggrEgate i 31 Dotal of eight (8) persons. 32 B. The residence shall provide 150 square ffet of Floor area for each non-related charge ai,d for 1 c,ic h mernher of the ('tami. Iy r;, i (i i ii,., t.Iicreiir. Tl)( rcsidence .dial 1 provide ,i miiiiinwn of 3 square feel: of fenced outdoor play area per 4 ambulatory child under the age of sixteen. Said o play area shall have minimum dimensions of ten 6 (10) feet . 7 D. In no way shall the appearance of the dwelling be 8 altered such that it may be reasonably recognized 9 as serving other than a residential use, whether 10 by colors, materials, construction, lighting, 11 windows , signs , sounds, or any other means. 12 E. As to placement of additional charges, the Beard ' s 13 decision may indicate a "Maximum Allowable" for 14 the existing residence. 15 F. The care of non-related persons shall be conducted 16 in a home that is licensed or certified by a 17 licensing agency, under supervision of a govern- 18 mental agency , and complies with all applicable I 19 laws and regulations . Such authority shall i 20 accompany the initial application. fire � add' t*on) G. The fire department shall submit a report and/clearallce, 5. 9730. 26. 3 Fxit from Building. The number and place- 22 merit of all exits shall comply with the California 23 Administrative Code as presently written or as may 24 hereinafter be amended . 23 5. 9730. 26.4 PERMIT. A permit issued under the pro- 26 visions set shall be for the period of one ( 1) 27 year from date of issuance unless sooner revoked. 28 S.9730. 26. 5 REVOCATION. A permi may be re� oked by the Board of Zoning Adjustments f<.)r good cau::e upon Si notice by the enforcing agency th t the perm . ttee h"s 31 ( fail ad and/or refuaed to comply w., tYi all of 1 e provi-- � 32 ` sions of the ­crmit a.nd this code. 1 �1 i E i 2 ! S . 9730 .26 . 6 HEARING. Notice of intent to revoke the 3 permit shall be issued by the Board to the permittee i 4 ten (10) days prior to the hearing. If the Board of b � Zoning Adjustments denies a permit , refuses to renew 6 a permit , or revokes a permit , the applicant may re- 71 quest that the Bos.rd set a public hearing pursuant to i 81 Article 981 for ttite purpose of determining whether 9 � grounds exist for revocation of the permit. 10 � S. 9730.26. 7 APPAEAL. The decision of the -board of 31j Zoning Adjustments shall be final unless appealed to f� 12 �' the Planning Commission within ten (10) days after the 13 � Board ' s decision. The decision of the Planning Com- 14 mission shall be final. 151 f 16 � 17 � 18 I 19 {i E 21 24 25 26 271 t ; 1 qp f 3i j t �� f Pate #9 - Council Minutes - 8/16/71 -7 0 ORD. 1,10. 166� - ADOPTED - AMENDS SECTION 9251 "AID? ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9251. " ORD. NO. 1667 - ADOPTED _ AMENDS SECTION 9783 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9783. " 70_t,or ORD. No. 1668 - ADOPTED - RUBBISH ABATEMENT "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO NEW ARTICLE 558 ENTITLED "RUB- BISH ABATEMENT. " ORD. NO. 1664 - ADOPA - ZONE CASE NO. 71-13 The Clerk gave Ordinance No. 1664 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY- LOCATED WITHIN STUDY AREA "Al', SOUTH OF INDIANAPOLIS AVENUE (ZONE CHANGE NO. 71-13) . " On motion by Bartlett, Council waved farther reading of Ordinance No. 1664 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, -Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Matney On motion by Bartlett, Council passed and adopted Ordinance No. 1664, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen NOES: Councilmen: McCracken ABSENT: Councilmen: Gibbs, Matney ORDINANCES FOR INTRODUCTION On motion by Green, Council directed the City Clerk to read Ord- inance Nos. 1669, and 1670 by title, and waived further reading by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Matney ORD. NO. 1669 - FIRST READING - ZONE CASE NO. 71-21 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED AT THE NORTHEASTERLY SIDE OF PACIFIC COAST HIGHWAY, APPROXIMATELY 400 FEET NORTH OF ANDERSON STREET." ORD. NO. 1670 - FIRST READING - CARE OF NON-RELATED PERSONS "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 NON-RELATED PERSONS." 7a Jb ORD. NO. 1671 - FIRST READING DEFERRED - PARKING LOT REGULATIONS The Clerk presented Ordinance No. 1671 for a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING SECTION 7531.9 PERTAINING TO BEACH PARKING LOT REGULATIONS." A motion was made by Mayor McCracken that Ordinance No. 167) be amended to include private parking lots . Page #9 - Council Minutes - 5/3/71 PUBLIC }TEARING - PRECISE PLAN ALIGNMENT NO. 71-3 - CONTINUED Mayor McCracken announced that this was the day and hour set .for a public hearing on Precise Plan Alignment No. 71-3 to plan the street alignment -for Lochlea Lane, Banff Lane, Cupar Lane, and a proposed street parallel to and approximately 660 feet south of Atlanta Avenue. The Clerk informed Council that all .legal requirements for publication and posting on said public hearing had been met and that he had received no communications or written protests to Precise Plan Alignment No. 71-3 or to the recommendation of approval of the Planning Commission. Mayor McCracken declared the hearing open. On motion by Matney, Council continued the hearing on Precise Plan Align- ment No. 71-3 to the meeting of May 17, 1971. Motion carried . PI L� PUBLIC HEARING - CODE AMENDMENT N0. 70-14 - APPROVED Mayor McCracken announced that this was the day and hour set for public hearing on Code Amendment No. 70-14 which would add Section 9730.26 to the Huntington Beach Ordinance Code, to provide, create and maintain a home environment for the care of non-related persons; for the purpose of this section the definition of a family has been modified to eight from five . Care of non-related may be permitted in any residential district, subject to the approval of an Administrative Review applica- tion by the Board of Zoning Adjustments . The Clerk informed Council that all legal requirements for publication and posting on said public hearing had been met and that he had received no communications or written protests to Code Amendment No. 70-14 or to the recommendation .of approval by the Planning Commission. The Planning Director presented a resume ' of the Planning Commission's reasons for recommending approval of Code Amendment No. 70-14. The Director of Building and Safety addressed Council regarding the pro- posed Code Amendment . Mayor McCracken declared the hearing open. Mr. H. Pritchett, Licensing Supervisor, Department ,of Public Welfare, County of Orange , addressed Council regarding the manner by which minor children are located in foster homes by the department. Considerable discussion was held by Council regarding the matter' of differentiating between boarding home operation and non-profit type care use under the ordinance code . In response to a question by Councilman Green, the City Attorney informed Council that no business license was required to conduct foster home care in the city. There being no one further present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed. by the Mayor. On motion by Green, Council sustained the decision of the Planning Com- mission; approved Code Amendment No . 70-14 with the deletion of the last sentence of S. 9730.26.7 (that the decision of the Planning Com- mission shall be final) , and directed the City Attorney to prepare an ordinance amending the Huntington Beach Ordinance Code. Motion carried. iz PUBLIC HEARING f �PRECISE PLAN NO. 70-6 APPROVED Mayor McCracken announced that this was the day and hour set for a, public hearing on Precise Plan No . 70-6 for the purpose of considering a Precise Plan of Street Alignment; said plan will establish access to and circu- lation within that property bounded by Beach Boulevard on the east, Southern California Edison Company right-of-way on the south, Gothard Street on the west, McFadden Avenue on the north, and the San Diego Freeway on the northeast. AffidavoSof Ablacati®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. Published Huntington Beach'News Sept. That he is the printer and publisher of the Huntington Beach 24, 1970. News, a weekly newspaper of general circulation printed and pub- LEGAL NOTICE' lished in Huntington Beach, California and circulated in the said NOTICE of PUBLIC'HEARING Count of Orange and elsewhere and published for the dissemination PROPOSED CODE AMENDMENT/NO.GIV ENthat 70.14 Y g P NOTICE.IS HEREBY GIVEN that a.pub- I of local and other news of a general character, and has a bona fide lic hearing 'will 'be. held by .the City subscription list of paying subscribers, and said paper has been 'Planning Commission of the. City of established, printed and published in the State of California, and Huntington Beach for the.,purpose of Count of Orange, for at least one year next before the publication considering a Proposed Code Amendment. Y g Y Said amendment proposes to add Sec- of the first insertion of this notice; and the said newspaper is not tion 9730.26 to the- Huntington Beach devoted to the interest of, or published for the entertainment of any Ordinance. Code. The _intent of said particular class, profession, trade, calling, race or denomination, or amendment is t maintain a' home provide, create and e environment for the any number thereof. care of non-related persons. For the'pur-. The Huntington Beach News was adjudicated a legal newspaper pose of this section the definition of a - of general circulation b Jude G. K. Scovel in the Superior Court family has been modified 'eight from g Y g m P five. Care of non-related may be per- of of Orange County, California August 27th, 1937 by order No. A-5931. mitted. in any residential district sub- ject to the.approval•of an,Administra- NOTICE OF PUBLIC HEARING of Z Review application by the. Boards That the of anin,g-Adyu>tmer�ts., Said' hearing:vvill,.be' held',at the•`.hotnr, of 7;00 P.M.,. on October 6, 1070,`in ttAe PROPOSED CODE AMENDMENT NO 70-14 Council Chamber of the Civic Censer, Huntington Beach; Califortlia, on 5th of which the annexed is a printed copy, was published in said news- Street between Main street. and Orange l Avenue. All interested persons are invitod, to paper at least one i sro ue attend said hearing and express their opinions for or against the proposed Code Amendment. commencing from the 24th da of September Further information may be obtained Y from the City Planning Department. Telephone No. 536-5271. 19��, and ending on the 24th day of September f 1970 DATED this day of September;` li CITY PLANNING. ING. COMMISSION By K. A. Reyno!ds 19Z, both days inclusive, and as often during said period and Secretary times of publication as said paper was regularly issued, and in the — regular and entire issue of said newspaper proper, and not in a supplement, and said notice was published therein on the following dates, to-wit: September 24, 1970 Publisher Subscribed and sworn to before me this day of 19 Notary Public L Orange County, California A•A � A �0 °,�P THOMAS D. WYLLIE g� 3'p Y Nofar Public-California L ; Orange Counry MY C011;1,5s on E.xnires R_•:" Sepfon.ber 12, 1974 City of Hi ington Beach County of ®range State of California Jf fidavitof Publication of GEORGE FARQUHAR - Publisher Huntington Beach News Filed Clerk By Deputy Clerk s City Clerk City of Huntington Beach The Huntington Beach Planning Commission, at their regular/adjourned meeting held �- d(> - `7 / , recommended of (. ��o If approval has been recommended, the City Council will be required to hold a public hearing in this matter , and it will be transmitted to you prior to the next regular meeting of the Council.. A copy of the Planning Department legal notice, and a list of owners of prop- erty within 300 feet of the subject area is attached hereto. The applicant in this matter is , (Address) (Telephone) Kenneth R. Reynolds , Planning Dir/,ector By11 Va ,Y��ir Publish 4/2 2/71 ``'U ' " HEARING Postcards ,�• _. ::.� tz!t------- J//��'' NOTICE OF PUBLIC HEARING 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 the 3 rd4 day of i'ta ' , 19'1 for the purpose of n r -� considering a :;roposec*l cod c'iL1Cd '—epo..°..C:si 7 I S)a 2:: to the CL't.nt' in i) l:t�:?C�it 1 LC�]rl":I 4�. "ode provide, create and ma:'JiLnin s hope cnvironc-ient': for I['- e C: o non- ,rr loted persons. For )�,iripose of `E'z?_i sec-Liontt ie 0 -1 ci f i::'1- V ?'i�su F F?tl ftl4t�1 L7. '.d to e1_ ?hL f ro—ii f 4-vc'.. ',rir? (-) n('� � I'E�i-ti C . t� I-3y be hC'..;.Tr A ed in t9nj, rF's:1 denti.3 C3istr' cC: , s`,i,--jec� to f an ':E"J.3.£?rrr c'1'pT:`•1?�.:c!tJ-OC2 by LIiF' ' oardl of A.C]�i]St:�",'tl`'_T1�':, . All interested persons are invited to attend said hearing and express their opinions for or against said Cod �:.trcrlt,.Atet!�. Further information may be obtained from the Office of the City Clerk. DATED: 4/x 1 /71 CITY OF HUNTINGTO BEACH By; Paul. C . .Tones City Clerk r 76 �d 0 HHHUREW Beach flannNl COMMSSW P.O. BOX 190 CALIFORNIA 92646 May 3, 1971 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: K.A. Reynolds , Planning Director RE: Code Amendment No. 70-14 ATTN: Doyle Miller, City Administrator Paul Jones , City Clerk Gentlemen: Transmitted herewith is a copy of Code Amendment No. 70-14. Said amendment proposes to add Section 9730. 26 to the Huntington Beach Ordinance Code. The intent of said amendment is to provide, create and maintain a home environment for the care of non-related persons. For the purpose of this section, the definition of a family has been modified to eight from five. Care of non-related may be permitted in any residential district subject to the approval of an Administrative Review application by the Board of Zoning Adjustments. Non-related persons shall not exceed a total number of six (6) and the aggregate for the family shall not exceed eight. The Planning Commission at their April 20, 1971 , meeting approved Code Amendment No. 70-14 and recommends adoption 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 70, i MEMORANDUM TO: Planning Commission FROM: Planning Department RE: Code Amendment No 70-14 DATE: April. 6, 1971 The above referenced code amendment proposes to add Section 9730.26 to the Huntington Beach Ordinance Code. The intent of this amendment is to provide, create and maintain a home environment for the care of non-related persons in any residential district subject to approval of an Administrative Review application by the Board of Zoning Adjustments. The definition of a family has also been modified to permit a total of B related and non-related persons rather than 5 persons as presently permitted. This code amendment was approved by the Planning Commission on November 17, 1971, after which the City Attorney was asked to draft the amendment in ordinance form. The Commission asked that the matter be reset for hearing if significant changes were made. The Attorney's office suggested several changes, mainly, that of ,limiting the time for approval of the application to one year rather than in perpetuity as proposed by the Commission. The Commission discussed this code amendment at their March 23, 1971, Study Session and expressed concern over the kind of persons that could be placed in these homes. It was the consensus of the Commission that the Staff should contact the county and state agencies to obtain further information. The Staff will be contacting the county and state agencies and presenting a report at the April 13, 1971, Study Session. In view of this, the Staff recommends that Code Amendment No 70-14 be continued to April 20, 1971.