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<br /> <br />Ordinance No. NS-XXX <br />Page 21 of 27 <br /> <br />(e) A Group Home Special Use Permit shall be issued by the Planning and Building <br />Agency Executive Director or designee as a ministerial matter if the applicant is in <br />compliance, or has agreed to comply, with this section. At least 10 days prior to <br />issuing a Group Home Special Use Permit, the director shall cause written notice <br />to be mailed to the owner of record and occupants of all properties within 500 feet <br />of the location of the group home. Prior to issuance of the Group Home Special <br />Use Permit, the director shall hold a public hearing for the purpose of receiving <br />information regarding compliance with the applicable provisions of this Section. <br />The issuance of the Group Home Special Use Permit shall be denied upon a <br />determination, and if already issued shall be denied or revoked by the director <br />upon a public hearing, by the director that any of the following circumstances exist: <br /> <br />(1) Any owner/operator has provided materially false or misleading information <br />on the application or omitted any pertinent information; <br /> <br />(2) Any owner/operator or staff person has an employment history in which he <br />or she was terminated during the past two years because of physical <br />assault, sexual harassment, embezzlement or theft; falsifying a drug test; <br />and selling or furnishing illegal drugs or alcohol. <br /> <br />(3) Any owner/operator or staff person has been convicted of or pleaded nolo <br />contendere, within the last seven to 10 years, to any of the following <br />offenses: <br /> <br />i. Any sex offense for which the person is required to register <br />as a sex offender under California Penal Code Section 290 <br />(last 10 years); <br /> <br />ii. Arson offenses—Violations of Penal Code Sections 451— <br />455 (last seven years); <br /> <br />iii. Violent felonies, as defined in Penal Code Section 667.5, <br />which involve doing bodily harm to another person (last 10 <br />years); or <br /> <br />iv. The unlawful sale or furnishing of any controlled substances <br />(last seven years). <br /> <br />(4) Any owner/operator or staff person is on parole or formal probation supervision on <br />the date of the submittal of the application or at any time thereafter. <br /> <br />(5) The owner/operator accepts residents, other than a house manager, who are not <br />disabled as defined by the Fair Housing Amendments Act and Fair Employment <br />and Housing Act. <br /> <br />(6) A Group Home Special Use Permit for a sober-living home shall also be denied <br />upon a determination, and if already issued, any transfer shall be denied or <br />revoked, upon a hearing, by the Planning and Building Executive Director or <br />designee that any of the following additional circumstances exist: