HomeMy WebLinkAboutOrdinance #4340 ORDINANCE NO. 4340
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 5.110 OF THE HUNTINGTON BEACH MUNICIPAL CODE
TITLED GROUP HOMES
Under the California Constitution, Article XI, Section 7, the City has been granted broad
police powers to preserve the residential characteristics of its RL, RHM, RH and RMP
residential zones; and the residential portion of its Specific Plans, which powers have been
recognized by both the California Supreme Court and United States Supreme Court, the latter of
which has stated that, "It is within the power of the legislature to determine that the community
should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as
carefully patrolled"; and
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That Section 5.110.10 is hereby amended to read as follows:
5.110.01Q Definitions.
The definitions set forth in Title 20 Chapter 204 of the ZSO Code shall apply to the provisions of
this article unless otherwise provided for herein.
SECTION 2. That Section 5.110.080 is hereby amended to read as follows:
5.110.080 Effect of Denial or Revocation.
Whenever an application for a permit is denied, no other similar application by such applicant or
permittee will be considered for a period of five (5)years from the date of the denial of an
application. Whenever a permit has been revoked, canceled or otherwise invalidated, no other
similar application by such permittee shall be considered for a period of five (5) years from
either the date of the notice of the permit revocation was mailed or the date of the final decision
of the city to revoke the permit, whichever is later. The prohibitions of this subjection shall also
apply to the following:
A. Any individual whose operator's permit was revoked or whose application was
denied who later becomes a Director or Officer of a corporation, profit or nonprofit, or a member
of a partnership or person owning or possessing any portion of the shares of a corporation
seeking to obtain a new operator's permit.
ORDINANCE NO. 4340
B. A corporation, profit or nonprofit, whose permit was revoked, or application was
denied, to any of its directors, or officers or to any person who owned any portion of its shares,
who attempts by way of a new corporation or using their individual names or becoming a
member of a partnership or a director or officer or a person owning or possessing any portion of
the shares in another corporation seeking to obtain a new permit.
C. A landowner who illegally leased, rented, sold, or otherwise allowed an individual or
corporation to operate a non-permitted Group Home or Sober Living Home.
SECTION 3. That Section 5.110.085 is hereby added to read as follows:
5.110.085 Ineligibility.
In addition to any other law, no person or entity shall be eligible for and/or receive an operator's
permit if that person or entity, or any director or officer of that entity or a person who owned any
portion of that entity's shares, or any financial interest holder of that entity, engaged or engages
in unpermitted and/or illegal activity involving medical care, addiction care, addiction recovery,
and Group or Sober Home operation, in the five (5) years preceding an application under this
Chapter or during the application process. A determination of ineligibility may be made by the
City Manager and shall be based on the preponderance of the evidence. This prohibition shall
not apply to a natural person who would otherwise be ineligible based on a criminal conviction
that has been dismissed, withdrawn, expunged or set aside.
SECTION 4. All other provisions of Title 5 not modified herein shall remain in full force
and effect.
SECTION 5. This ordinance shall become effective immediately 30 days after its
adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of October , 2025.
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Mayor
AT ES : APPROVED AS TO FORM:
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Ci Clerk City Attorney
25-16738/383879 2
ORDINANCE NO. 4340
REVIEWED AND APPROVED: INITIATED AND APPROVED:
ganager C m u ity Development Director
25-16738/383879 3
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Ord. No. 4340
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, LISA LANE BARNES, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of 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 September 16,2025, and was again read to said City
Council at a Regular meeting thereof held on October 7,2025, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Twining, McKeon, Burns, Van Der Mark, Gruel
NOES: None
ABSENT: Kennedy, Williams
ABSTAIN: None
I,Lisa Lane Barnes,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 Wave on October 16,2025.
A
In accordance with the City Charter of said City. 0114:iti$416 VUane Barnes. City ClerkCitrk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
—
of Huntington Beach, California