HomeMy WebLinkAboutOrdinances_2646_CCv0001.pdf ORDINANCE NO. 2646
AN ORDINANCE OF THE CITY OF REDLANDS EXTENDING THE EFFECT
OF ORDINANCE NO. 2624 OF THE CITY OF REDLANDS PROVIDING FOR A
TEMPORARY MORATORIUM ON THE APPROVAL OF NON STATE
LICENSED PAROLEE HOMES
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
Section 1. Purpose and findings.
A. "Group homes" housing two or more parolees have been established in many
cities throughout California and, as a consequence, some cities having group homes housing
parolees ("parolee homes") have reported increases in illegal activity around such homes,
including vandalism and other criminal behavior. These cities have also reported that such
increased criminal activity has generated a disproportionate number of calls for police services to
parolee homes, thus reducing the general availability of police officers to serve other segments
of the community, and unduly posing a burden on police services in general. To protect
Redlands' residents and sensitive land uses such as schools and child day-care facilities from
these possible harmful secondary effects of parolee homes, the City Council of the City of
Redlands ("this City Council") deems it necessary and appropriate to undertake studies for the
possible amendment of the City's General Plan and zoning ordinances to establish development
policies and locational requirements that ensure compatibility of parolee homes with existing
and future land uses within the City.
B. A city's General Plan is commonly referred to as the "constitution" for
development within the City. The Redlands' General Plan is a comprehensive statement of the
community's vision of its long-term or ultimate physical form and development policies The
General Plan and the City's implementing zoning ordinances establish goals, policies and
regulations to provide for the harmonious and orderly development of land uses within the City
and to protect the public health, safety and welfare. One of the purposes of this ordinance is to
carry out the goals and policies of the General Plan by ensuring that parolee homes, if permitted
within the City, are established and operated in a manner that is harmonious with other land
uses.
C. This City Council finds it appropriate that City staff immediately undertake
studies for possible amendments to the City's General Plan and zoning ordinances relating to the
establishment and operation of parolee homes in the City, and to develop regulations which
ensure their compatibility with other land uses.
Section 2. Definitions.
A. "Parolee. Federal" means an individual convicted of a federal crime,
sentenced to a United States federal prison, and who received conditional and revocable release
in the community under the supervision of a Federal parole officer.
DMoedl2646
B. "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 and Rehabilitation, Division of Adult Parole Operations.
C. "Parolee, California Department of Corrections and Rehabilitation" means
an adult or juvenile individual sentenced to a term in the California Department of Corrections
and Rehabilitation, Division of Juvenile Operations, and who received conditional and revocable
release in the community under the supervision of a California Department of Corrections and
Rehabilitation parole officer.
D. "Parolee, Home" means any residential dwelling unit, whether owned
and/or operated by an individual or for-profit or non-profit entity, which is not licensed by the
State of California and which houses at least two (2) parolees unrelated by blood, marriage or
legal adoption, in exchange for monetary or non-monetary consideration given and/or paid by
the parolee and/or any individual or public/private entity in behalf of the parolee.
Section 3. Interim prohibition/moratorium on land use approvals and building
permits in all zoning districts for parolee homes.
Based on the findings set forth herein, the facts and evidence presented in staff's report to
the City Council on this matter, and the written and verbal testimony presented by City staff and
members of Redlands' community, no land use approval, building permit or other entitlement
shall be issued for a parolee home; nor shall any parolee home be established within the City,
during the effective period of this ordinance.
Section 4. Immediate threat to health, safety and welfare.
Based on the findings herein, this ordinance is adopted pursuant to California
Government Code section 65858 to address a current and immediate threat to the public health,
safety and welfare. This City Council has determined that, without further appropriate study by
City staff relating to the conditions under which parolee homes might be approved and located
within the City, granting land use approvals, building permits and other entitlements for parolee
homes could subject the City and its citizens to the adverse effects described in Section 1 of this
ordinance, and thus result in a threat to the public health, safety and welfare.
Section 5. U[gency ordinance.
This ordinance is an urgency ordinance adopted pursuant to the authority of California
Government Code sections 36934 and 65858, and shall take effect and be enforced immediately
upon its adoption.
DJMkOrdQ646
Section 6. Extension of Ordinance No. 2624.
In accordance with California Government Code section 65858, Ordinance No. 2624 is
hereby extended for a period of one (1) year.
Section 7. Written n Rqport.
On June 20, 2006, and at least ten (10) days prior to the possible expiration of Ordinance
No. 2624, the City Council, based upon information from the Community Development
Department and other City staff, issued a written report describing the measures taken to
alleviate the conditions which led to the adoption of Ordinance No. 2624.
Section 8. Conflicting Laws.
For the term of this ordinance, as set forth in Section 6 above, the provisions of this
ordinance shall govern. To the extent that there is any conflict between the provisions of this
ordinance and the provisions of the City's Municipal Code, or any ordinance, resolution or
policy of the City, all such conflicting provisions shall be suspended.
Section 9. Waiver.
The City, on a case by case basis, shall have the authority, upon a showing of good cause
by an applicant, to waive the interim prohibition/moratorium imposed by this ordinance and
allow for the granting of a permit to an applicant for a parolee home pursuant to the Conditional
Use Permit process set forth in Chapter 18.192 of the Redlands Municipal Code. "Good cause"
shall mean a factual and evidentiary showing by the applicant for the parolee home that the
interim prohibition/moratorium created by this ordinance, if not waived, will deprive the
applicant of substantially all reasonable use of the applicant's property. All such applications for
waiver shall be filed with the City's Community Development Department for processing and
review pursuant to the Redlands Municipal Code provisions governing Conditional Use Permits.
Fees for waiver applications and associated appeals shall be the same as those charged for a
Conditional Use Permit.
Section 10. CEQA Compliance. Pursuant to CEQA Guidelines (14 California Code of
Regulations, §§ 15000 et seq.) section 15061, this City Council finds that it can be seen with
certainty that there is no possibility that the adoption and implementation of this ordinance will
have a significant effect on the environment, as defined by the California Environmental Quality
Act ("CEQA") (Public Resources Code § 21000 et seq.) and the City's Guidelines for
Implementation of CEQA. CEQA applies only to projects which have the potential for causing a
significant effect on the environment. The adoption of this ordinance will maintain existing
environmental conditions and have no effect on the environment because its effect is simply to
prohibit the approval of parolee homes, as defined herein, for the limited period of forty-five
(45) days.
DJ M\Ord12646
Section 11. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance, or any part hereof, is for any reason held to be unlawful, such
decision shall not affect the validity of the remaining portions of this ordinance or any part
hereof. The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared
unlawful.
Section 12. Adoption. This ordinance shall be adopted by not less than a four-fifths
vote of the City Council.
Section 13. Publication and Postir .
The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of
this ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily
Facts, a newspaper of general circulation within the City.
r
Jon Harrison; ayor
Attest:
Lo Poyzer, ;i C rk
1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing
urgency ordinance was introduced and duly adopted by a four-fifths vote of the City Council of
the City of Redlands, at the regular meeting of the City Council of such City, held on the 5th day
of July, 2006 by the following vote:
AYES: Councilmembers Gilbreath, Gallagher, Aguilar; Mayor Harrison
NOES: None
ABSTAIN: None
ABSENT: Councilmember Gil
:
Lorri
'gPoyzer, Cir r
DJM1ordt2646