A conditional use permit, pursuant to Chapter 17.02.100 of this Zoning Code, is required for the establishment of any parolee/probationer home.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Parolee/probationer home shall comply with the development, locational and all other applicable regulations of the Zoning District in which the use is proposed to locate. In addition, the parolee/probationer home shall comply with all of the following locational and operational standards:

A.

Locational Requirements. When a conditional use permit for a parolee/probationer home is requested, the parolee/probationer home shall be located:

1.

A minimum of 660 feet away from any existing or proposed school, university, college, student housing, childcare facility, public park, religious institution, hospital, youth facility, or other similar uses, as reasonably determined by the Planning Director. The distance between the parolee/probationer home and school, university, college, student housing, child care facility, public park, religious institution, hospital, youth facility or other similar use shall be measured from the closest exterior wall of the parolee/probationer home and the nearest property line included within the school, university, college, student housing, child care facility, public park, religious institution, hospital, youth facility or other similar use, along a straight line extended between the two points, without regard to intervening structures; and

2.

A minimum of 1,320 feet away from an existing parolee/probationer home or other similar use. The distance between parolee/probationer homes shall be measured from the closest exterior wall of one parolee/probationer home and the nearest property line included within the other parolee/probationer home, along a straight line extended between the two points, without regard to intervening structures. For the purposes of the locational requirements set forth in this subsection, "other similar use" or an "existing parolee/probationer home" shall also include any residential structure or unit, including any hotel or motel, whether owned and/or operated by an individual or for-profit or nonprofit entity, which houses at least two parolees/probationers, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee/probationer and/or any individual or public or private entity on behalf of the parolee/probationer, including alcohol and/or drug-free residential recovery home, community care facility, residential care facility and other such facilities.

B.

Operational Requirements. Parolee/probationer homes shall comply with the following operational requirements:

1.

Each parolee/probationer home shall be limited to a maximum number of six parolees or probationers, and each bedroom in the house/home may not exceed two parolees or probationers.

2.

Multiple-family dwellings or apartments with less than 25 units shall be limited to one parolee/probationer home.

3.

Multiple-family dwellings or apartments with 25 or more units shall be limited to two parolee/probationer homes.

4.

Notwithstanding the definition of parolee/probationer home in Section 17.17.070 or any other provision of the City of Beaumont Zoning Code or the City of Beaumont Municipal Code, hotels and/or motels with 14 rooms or less cannot provide transient lodging services or accommodations to more than three parolees during any 28 consecutive day period regardless of any length of their respective stays; and hotels and/or motels with 15 rooms or more cannot provide transient lodging services or accommodation to more than five parolees during any 28 consecutive day period regardless of the length of their respective stays.

5.

As determined by the Chief of Police or his/her designee, the property owner or a designated on-site manager must live full-time on the site of the parolee/probationer home, and the name and phone number of this individual shall be provided to the Chief of Police or his/her designee.

6.

The Police Department shall be provided with a weekly update of the names of all parolees/probationers living at the parolee/probationer home. The updates required by this section may be in any of the following forms: in writing via electronic mail or facsimile.

7.

Any owner/operator of an parolee/probationer home and any person designated as a house manager or other staff shall provide his or her full name, current residence and phone number, date of birth, social security number, prior employment history, education, driver's license number, history of criminal convictions, if any, and any other information the Beaumont Police Department reasonably requires to perform a criminal background check through the State Department of Justice and/or United States Department of Justice. No person shall begin employment with the Parolee/Probationer Home until this information has been provided.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

An application for a conditional use permit for parolee/probationer home may be approved and/or modified, in whole or in part, only if the findings in Section 17.02.100 of this Zoning Code are first made. Additionally, in evaluating each request for approval of a conditional use permit for a parolee/probationer home, particular attention shall be directed to the physical relationship and proximity of the proposed use to similar uses on the same or surrounding sites, the compatibility of the proposed use with neighboring uses (i.e., schools, parks, and other similar uses) and to ensuring that the proposed use will not result in harm to the health, safety or general welfare of the surrounding neighborhood or substantial adverse impacts on adjoining properties or land uses.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

In addition to the notice and hearing requirements required for conditional use permits, all property owners within 1,000 feet of the proposed parolee/probationer home, as measured from the subject property lines, shall be notified of the proposed conditional use permit.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

The establishment, maintenance or operation of a parolee/probationer home in violation of the regulations of this section or in violation of the conditions of approval of an approved conditional use permit is declared to be a public nuisance and may be abated by the City pursuant to applicable provision of the City of Beaumont Municipal Code, City of Beaumont Zoning Ordinance or any available legal remedies, including but not limited to civil injunctions.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

Any parolee/probationer home lawfully existing prior to the effective date of the ordinance codified in this section is a legal nonconforming use, subject to applicable nonconforming use regulations of Chapter 17.08 of the City of Beaumont Zoning Ordinance.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

A.

Any parolee/probationer home regulated under provisions of this section which is a nonconforming use on the effective date of the ordinance codified in this chapter shall be subject to an amortization period expiring one year from the effective date of the ordinance codified in this section.

B.

Amortization—Notice. The Community Development Department shall provide written notice to the property owner or operator at least 120 days prior to the expiration of this amortization period. This notice is not mandatory, and lack of notice shall not be deemed to prevent the City from initiating an action seeking declaratory or injunctive relief against the owner and/or operator of such business. However, if notice of expiration of amortization period is not given, any application by the owner or owner of the parolee/probationer home for an extension of the amortization period shall not be denied on the grounds that it is untimely.

C.

Amortization—Application for Extension.

a.

The property owner may file an application with the Community Development Department for an extension of the amortization period. The applicant must state:

i.

Whether a previous extension has been requested and granted, as well as the date of the previous request; and

ii.

The efforts that will be made to conform by the conclusion of the extended period.

b.

The property owner's application shall be made in writing and shall be accompanied by the required fee as established by the City Council.

c.

Any application for an extension of the amortization period shall be made prior to the expiration of the amortization period unless the Planning Community Development Director determines that good cause exists for the late filing of the application.

D.

Amortization—Decision to Grant or Deny Extension.

a.

The Planning Commission shall hold a public hearing at which time it shall consider the evidence and testimony regarding the request for an extension of the amortization period. The Planning Commission shall grant or deny an application for extension of the amortization period.

b.

In rendering its decision, the Planning Commission shall determine whether the parolee/probationer home has been provided with a reasonable amortization period commensurate with the investment involved. If the Planning Commission determines that the amortization period is not reasonable, it shall prescribe an amortization period that is commensurate with the investment involved. The burden shall be on the applicant to establish that the extension should be granted.

c.

The Planning Commission shall consider the following factors in making its determination:

i.

The parolee/probationer homeowner's financial investment in the renting out rooms, units, homes to parolee/probationers;

ii.

The present actual and depreciated value of business improvements;

iii.

The applicable Internal Revenue Service depreciation schedules;

iv.

The remaining useful life of the rental improvements;

v.

The remaining lease terms, if any;

vi.

The cost of relocating the parolee/probationer home to a site conforming to the provisions of this chapter, if applicable;

vii.

The ability of the parolee/probationer home and/or owner to change the use to a conforming use; and

viii.

The secondary effects of the parolee/probationer home adult business on the health, safety and welfare of surrounding community, residential dwellings, businesses and/or uses if the parolee/probationer home is permitted to extend the amortization period.

d.

The Planning Commission's decision shall be in writing and shall be hand delivered or sent by certified mail to the applicant.

E.

Amortization—Appeal. Any interested person may appeal the decision of the Planning Commission to the City Council in writing within 15 days after the written decision of the Planning Commission in accordance with the provisions of Sections 17.02.060 of this Zoning Ordinance.

F.

Amortization—Public Nuisance. The City Council declares to be a public nuisance any parcel where a parolee/probationer home is operating and where the amortization period as a legal nonconforming use has expired and (a) no application for an extension is on file or has been granted, or (b) no application for parolee/probationer home conditional use permit is on file or has been granted.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)

A.

Parolee/Probationer. An individual as follows:

1.

Convicted of a federal crime, sentenced to a United States federal prison, and received conditional and revocable release in the community under the supervision of a federal probation/parole officer; or

2.

Who is serving a period of supervised community custody as defined by State Penal Code 3000, following a term of imprisonment in a State prison or County jail, and is under the jurisdiction of the California Department of Corrections, Division of Adult Parole Operations; or

3.

An adult or juvenile individual sentenced to a term in the California Youth Authority and received conditional and revocable release in the community under the supervision of a Youth Authority parole officer; or

4.

An adult or juvenile offender released from county jail or state prison after October 1, 2011, on Post Release Community Supervision.

(Ord. No. 1128, § 2(Exh. B), 12-1-2020)