Laserfiche WebLink
<br /> <br />Ordinance No. NS-XXX <br />Page 21 of 27 <br /> <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: <br /> <br />i. Any owner/operator or staff person of a sober-living home is a recovering <br />drug or alcohol abuser and upon the date of application or employment has <br />had less than one full year of sobriety. <br /> <br />ii. The owner/operator of a sober-living home fails to immediately take <br />measures to remove any resident who uses alcohol or illegally uses <br />prescription or non-prescription drugs, or who is not actively participating in <br />a legitimate recovery program from contact with all other sober residents. <br /> <br />iii. The sober-living home, as measured by the closest property lines, is located <br />within 650 feet of any other sober-living home or alcoholism or drug <br />abuse recovery or treatment facility. If alcoholism or drug abuse recovery or <br />treatment facility moves within 650 feet of an existing sober-living <br />homes this shall not cause the revocation of the sober-living home’s permit <br />or be grounds for denying a transfer of such permit. <br /> <br />(7) For any other significant and/or repeated violations of this Section and/or any <br />other applicable laws and/or regulations, including, but not limited to, failure to <br />comply with the provisions of subsections (b)(11) through (14). <br /> <br />(8) Revocation shall not apply to any group home, which otherwise would cause it to <br />be in violation of this section, that has obtained a reasonable accommodation <br />pursuant to Section 41-652 through 41-655. <br /> <br />Sec. 41-2403. - Conditional use permit required. <br />