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Loma Linda City Zoning Code

CHAPTER 17

31 PAROLEE HOMES

§ 17.31.010 Purpose.

The purpose of this chapter is to give the city the opportunity to review and monitor the public service needs to provide the best possible service to the residences within the city limits with some establishments of parolee homes in all residential zones.
(Ord. 647 § 2, 2005; Ord. 649 § 2, 2005)

§ 17.31.020 Definitions.

As used in this chapter:
"Parolee, federal"
means an individual convicted of a federal crime, sentenced to a United States federal prison, and who has received conditional and revocable release in the community under the supervision of a federal parole officer.
"Parolee home"
means any residential structure or unit, whether owned and/or operated by an individual or forprofit or nonprofit entity, which houses between two to six parolees, unrelated by blood, marriage, or legal adoption, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee and/or any individual or public/private entity on behalf of the parolee.
"Parolee, state adult"
means an individual who is serving a period of supervised community custody, as defined in Penal Code Section 3000, following a term of imprisonment in a state prison, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division.
"Parolee, youth authority"
means an adult or juvenile individual sentenced to a term in the California Youth Authority, and who has received conditional and revocable release in the community under the supervision of a Youth Authority parole officer.
(Ord. 647 § 2, 2005; Ord. 649 § 2, 2005)

§ 17.31.030 Conditional use permit requirements.

A conditional use permit shall be required for the new establishment of any type of land use that proposes to house between two to six parolees. In addition, a new conditional use permit shall be required for the following:
A. 
Existing parolee homes, unless lawfully established prior to the effective date of the ordinance codified in this chapter;
B. 
Any changes in the operating conditions from what was originally approved by the city, including, but not limited to, number of parolees;
C. 
Any changes in the operating conditions of existing parolee homes lawfully established prior to the effective date of the ordinance codified in this chapter;
D. 
Sale, transfer, or new lease agreement of a parolee home to another individual, entity, etc.;
E. 
An existing parolee home discontinued for a consecutive period of thirty days is deemed abandoned and shall be required to obtain a new conditional use permit.
(Ord. 647 § 2, 2005; Ord. 649 § 2, 2005)

§ 17.31.040 Location requirements.

A. 
In evaluating requests for parolee homes, particular attention will 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 ensuring that no adverse effects on the public health, safety or general welfare will be created by the proposed use.
B. 
When a conditional use permit for a parolee home is requested, other than for a renewal or ownership transfer, it should be a minimum of six hundred sixty feet away from an existing or proposed school, park, religious institution, hospital, youth facility or other similar uses.
C. 
When a conditional use permit for a parolee home is requested, other than for a renewal or ownership transfer, it should be a minimum of one thousand three hundred twenty feet away from an existing parolee home or other similar uses.
(Ord. 647 § 2, 2005; Ord. 649 § 2, 2005)

§ 17.31.050 Operational requirements.

In addition to any other conditions imposed by the planning commission pursuant to Section 17.30.210 of this title to safeguard the public health, safety and general welfare, a conditional use permit for a parolee home shall meet the following conditions:
A. 
Each parolee home or "parolee home" unit is limited to a maximum number of six parolees with each bedroom not exceeding two parolees.
B. 
Multifamily residential projects with less than twenty-five units shall be limited to one "parolee home" unit.
C. 
Multifamily residential projects with twenty-five or more units shall be limited to two "parolee home" units.
D. 
City staff shall prepare an annual status report on the parolee home for the planning commission's review and consideration.
E. 
The property owner or a designated on-site manager must live on the site of the parolee home.
F. 
The police department shall be provided a weekly update of the names of all parolees currently living at the parolee home.
G. 
Each parolee home or "parolee unit" shall obtain and maintain any and all required state or federal permits, with notice thereof to the city, and shall comply with all state and federal laws and regulations.
(Ord. 647 § 2, 2005; Ord. 649 § 2, 2005)

§ 17.31.060 Revocation.

Pursuant to Section 17.30.460 of this title, the planning commission may revoke a conditional use permit. The revocation hearing must be noticed and a public hearing as required in Section 17.30.415 of this title and the planning commission must make the necessary findings to revoke the conditional use permit as set forth in Section 17.30.460 of this title.
(Ord. 647 § 2, 2005; Ord. 649 § 2, 2005)