HomeMy WebLinkAboutMC-1253U
Adopted: August 6, 2007
Effective: August 6, 2007
ORDINANCE NO. MC-1253
AN URGENCY INTERIM ORDINANCE OF THE CITY OF SAN BERNARDINO
ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND
OPERATION OFNEWP AROLEEIPROBATIONER GROUP HOMES,REGISTERED SEX
OFFENDER GROUP HOMES AND UNLICENSED GROUP HOMES, DECLARING THE
URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY.
The Mayor and Common Council ofthe City of San Bernardino do ordain as follows:
WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with
the power to make and enforce al11aws and regulations with respect to municipal affairs, subject only
to the restrictions and limitations provided in the Charter or by State law; and
WHEREAS, Government Code Section 65858 provides that for the purpose of protecting the
public safety, health, and welfare, the legislative body of a city may adopt, without following the
procedures otherwise required prior to the adoption of a zoning ordinance, as an urgency measure,
an interim ordinance, by a vote off our-fifths (4/5) majority, prohibiting any uses that may be in
conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body,
planning commission or the planning department is considering or studying or intends to study
within a reasonable time; and
WHEREAS, Sections 31 and 121 of the City Charter provide for the adoption of an urgency
ordinance for the immediate preservation of the public peace, health, or safety if passed by a two-
third's (2/3) vote of the Council; and
WHEREAS on November 1,2005, the Mayor and Common Council adopted a revised and
updated General Plan. The General Plan provides a vision for our City's future which includes,
among other requirements, the use and development of land which ensures the safety of our streets
and neighborhoods, and the compatibility between land uses, and provides for a coordinated law and
code enforcement presence so that our residents will be safe in their homes, places of business,
schools, and neighborhoods (General Plan, pages 1-21&22); and
WHEREAS, the City has received evidence of increasing numbers of group homes that are
transient in nature and operate more like institutional and commercial boarding house uses than as
single family homes. Uses such as homes for parolees and probationers, registered sex offenders,
F:\EMPENO\Ordinances\GroupHomes.Ord.wpd
1
MC-1253
1 and transients, group homes, and other similar uses are operating as businesses in residentially zoned
2 areas of the City; and
3 WHEREAS, citizens of the City have expressed significant concerns regarding the adverse
4 impacts that an over-proliferation of parolee/probationer group homes, registered sex offender group
5 homes, and state licensed and unlicensed group homes has on the surrounding residential
6 neighborhoods, including, but not limited to, impacts on traffic and parking, excessive delivery times
7 and durations, the commercial use of public property, commercial and/or institutional services
8 offered in private residences, more frequent trash collection, daily arrival of staff who live off-site,
9 second-hand smoke, possession and use of illegal drugs, loitering, trespassing, trash, debris,
10 unmaintained landscaping, depreciation of property values, and nuisance behavior such as noise,
11 litter, loud and offensive language, and public drunkenness; and
12 WHEREAS, according to the California Attorney General's website on Megan's Law
13 (www.meganslaw.ca.gov). as of July 25,2007, there are 508 registered sex offenders living within
14 the City, which number is disproportionate and at a much higher percentage of the total number of
15 registered sex offenders living in San Bernardino County when compared to the percentage of the
16 City's population to the County's total population; and
17 WHEREAS, according to the California Department of Corrections, as of June 27, 2007,
18 there were 1,714 parolees living within the City; and
19 WHEREAS, significant concerns have been raised by the community regarding the over-
20 proliferation of registered sex offenders and parolees living within the City; and
21 WHEREAS, the City requires additional time to study and determine the actual adverse
22 impacts of parolee/probationer, registered sex offender, and State licensed and unlicensed group
23 homes now permitted in residentially zoned areas of the City. The City also requires additional time
24 to study and determine appropriate uses in residentially zoned areas, to reduce adverse impacts while
25 complying with federal and state laws protecting the disabled, and to specify appropriate permitting
26 conditions, requirements, and procedures and desired levels of discretionary review; and
27 WHEREAS, the Mayor and Common Council requires additional time to receive public
28 comment prior to enacting any permanent regulatory ordinances; and
F:\EMPENO\Ordinances\GroupHomes.Ord.wpd 2
MC-1253
I WHEREAS, the Mayor and Common Council hereby specifically finds as follows:
2
3
4
Section 1.
Findings.
a.
The above recitals are true and correct and incorporated herein by this reference.
The owners or operators of parolee/probationer group homes, registered sex offender
b.
5 group homes, or unlicensed group homes are likely to commence operations of such uses before the
6 studies are completed and appropriate regulations and safeguards are adopted, thereby adversely
7 impacting the peace, health, safety, and welfare of the community; and
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
c.
Parolee/probationer group homes, registered sex offender group homes, or unlicensed
group homes may be established in areas that would be inconsistent with the surrounding uses or
with the character of a residential neighborhood and would be immediately detrimental to the public
peace, health, safety and welfare of the community; and
d. If new parolee/probationer group homes, registered sex offender group homes, or
unlicensed group homes are established, such uses could conflict with, and defeat the purpose of,
the proposal to study and adopt new regulations regarding these uses; and
e. In accordance with Government Code Section 65858, the Mayor and Common
Council hereby finds that there is a current and immediate threat to the public health, safety, or
welfare, and the approval of any building permit or other applicable entitlement to establish or
operate a new parolee/probationer group home, registered sex offender group home, or unlicensed
group home would result in that threat to public health, safety or welfare; and
f. In accordance with City Charter Section 121, based on the recitals and findings
referenced above, the Mayor and Common Council hereby finds that this urgency ordinance is
necessary for the immediate preservation of the public peace, health, or safety.
NOW THEREFORE, THE MA YORAND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
Section 2.
Imposition of Moratorium.
A.
Notwithstanding any conflicting provision(s) in any other section of the San Bernardino
27 Municipal Code, including the Development Code, no new parolee/probationer group home, registered
28 sex offender group home, or unlicensed group home shall be established or operated; and no
F:\EMPENO\Ordinances\GroupHomes.Ord.wpd 3
HC-1253
I Conditional Use Permit, Development Permit, Building Permit, Certificate of Occupancy or Zoning
2 Verification Review (also referred to as "Zoning Consistency Review") shall be issued or granted for
3 the establishment or operation of a new parolee/probationer group home, registered sex offender group
4 home, or unlicensed group home, or similar use.
5
6
B.
1.
As used in this Ordinance, the following definitions apply:
"Parolee/probationer group home" shall mean any single family residential structure
7 or unit, whether owned and/or operated by an individual or a for-profit or non-profit entity, that houses
8 two or more parolees/probationers, unrelated by blood, marriage, or adoption, in exchange for
9 monetary or non-monetary consideration given and/or paid by the parolee/probationer and/or any
10 public or private entity or person on behalf of the parolee/probationer.
11
12
2.
A "parolee/probationer" includes:
a.
Any individual who has been convicted of a Federal crime and sentenced to a
13 term of supervised probation or sentenced to a term of imprisonment in Federal prison, and granted
14 conditional and revocable release into the community under the supervision of a Federal parole officer.
15
b.
Any individual who has been convicted of a State crime and sentenced to a term
16 of supervised probation or sentenced to a term of imprisonment in county jailor in a State prison and
17 who is serving a period of supervised community custody, as defined in Penal Code Section 3000, and
18 is under the jurisdiction ofthe California Department of Corrections, Parole and Community Services
19 Division.
20
c.
An adult or juvenile sentenced to a term in the California Youth Authority and
21 who has received conditional and revocable release into the community under the supervision of a
22 Youth Authority Parole Officer.
23
3.
"Registered sex offender group home" shall mean any single family residential structure
24 or unit, whether owned and/or operated by an individual or a for-profit or non-profit entity, that houses
25 two or more registered sex offenders, unrelated by blood, marriage, or adoption, in exchange for
26 monetary or non-monetary consideration given or paid by the registered sex offender or any public or
27 private entity or person on behalf of the registered sex offender.
28
4.
A "registered sex offender" shall mean any person required to register pursuant to
F:\EMPENO\Ordinances\GroupHomes.Ord. wpd
4
MC-1253
1 California Penal Code Section 290.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5.
"Licensed group home" shall mean any State licensed residential facility that is
maintained and operated to provide non-medical residential care, day treatment, or foster agency
services for six or fewer adults, children, or adults and children, and which is required by State law
to be treated as a single family residence or single family dwelling unit for zoning purposes.
6. "Unlicensed group home" shall mean any residential structure or unit, whether owned
and/or operated by an individual or a for-profit or non-profit entity, that is not licensed by the State,
that is maintained and operated to provide non-medical residential care, day treatment, or foster agency
services for six or fewer adults, children, or adults and children, and which is not required by State law
to be treated as a single family residence or single family dwelling unit for zoning purposes.
Section 3:
Reasonable Accommodation.
In compliance with the Federal Fair Housing Act (42 U.S.C. ~~ 3600 et seq.), the Americans
with Disabilities Act (42 U.S.c. ~~ 12101 et seq.), and the Employment and Housing Act (Gov. Code
~~ 12900 et seq.), it is the City's policy to provide reasonable accommodation in the application of this
interim urgency ordinance to any person with a disability who seeks fair access to housing.
"Disability" shall have the same meaning as the terms "disability" and "handicapped" in the Fair
Housing Act.
A. An application for reasonable accommodation in the application of this interim urgency
ordinance shall be made to the City Planner/Deputy Director of Development Services, and shall
include:
1. The provision of this Ordinance from which accommodation is being
requested;
2. The basis for the claim that the individuals affected are considered disabled
under the Fair Housing Laws, and why the accommodation is necessary to provide equal opportunity
for housing and to make the specific housing available to the individuals; and
3. Any other information the City Planner/Deputy Director of Development
Services reasonably determines is necessary.
8. In making a determination regarding the reasonableness of the requested
F:\EMPENO\Ordinances\GroupHomes.Ord.wpd 5
HC-1253
1 accommodation, the following factors shall be considered:
2 1. Special need created by the disability;
3 2. Potential benefit that can be accomplished by the requested accommodation;
4 3. Potential impact on, and compatibility with, other property in the vicinity;
5 4. Physical attributes of the property and structures;
6 5. Alternative accommodations that may provide an equivalent level of benefit;
7 6. Whether the requested accommodation would impose an undue financial or
8 administrative burden on the City;
9 7. Whether the requested accommodation would require a fundamental alteration
lOin the nature of a City program; and
II 8. Whether granting the request would be consistent with the City's General Plan.
12 C. Any request for reasonable accommodation from the provisions of this ordinance shall
13 be reviewed and considered by the Planning Commission at a noticed public hearing and may be
14 approved, conditionally approved, or denied by the Planning Commission.
15 Section 4: This Ordinance is based upon the recitals and findings set forth above, and the
16 accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the
17 authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution,
18 Article 1II, Section 31 of the Charter of the City of San Bernardino, and California Government Code
19 Section 65858.
20 Section 5: Pursuant to Government Code Section 65858, this Ordinance shall take effect
21 immediately and be of no further force and effect 45 days from its date of adoption unless extended
22 by action of the Mayor and Common Council.
23 Section 6: During the effective time period of this Ordinance, the Development Services
24 Department and the Planning Commission are hereby directed to consider and process a permanent
25 ordinance regulating the establishment and operation ofparolee/probationer group homes, registered
26 sex offender group homes, unlicensed group homes, and other similar uses in the City of San
27 Bernardino.
28 III
F:\EMPENO\Ordinances\GroupHomes.Ord.wpd
6
MC-1253
I Section 7: Compliance with the California Environmental Quality Act. The Mayor
2 and Common Council finds that this Ordinance is not subject to the California Environmental Quality
3 Act (CEQA) pursuant to Sections 15061 (b )(3) (the activity will not result in a direct or reasonably
4 foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project
5 as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14,
6 Chapter 3, because it has no potential for resulting in physical change to the environment, directly or
7 indirectly.
8 Section 8: Severability. Ifany section, subsection, subdivision, sentence, clause or phrase
9 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective
10 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of
II the remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
12 declares that it would have adopted each section irrespective of the fact that anyone or more
13 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
14 ineffective.
15 III
16 III
17 III
18
19
20
21
22
23
24
25
26
27
28
F:\EMPENO\Ordinances\GroupHomes.Ord.wpd 7
MC-1253
I AN URGENCY INTERIM ORDINANCE OF THE CITY OF SAN BERNARDINO
2 ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND
OPERATION OF NEW P AROLEEIPROBATIONER GROUP HOMES, REGISTERED SEX
3 OFFENDER GROUP HOMES AND UNLICENSED GROUP HOMES, DECLARING THE
URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY.
4
joint
5 Council of the City of San Bernardino at a rel!:ular
meeting thereof, held on the .6.1!L day of
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
August
,2007, by the following vote, to wit:
COUNCIL MEMBERS:
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MC CAMMACK
AYES
NAYS
ABSTAIN ABSENT
~
x
-1L-
---X--
X
~
-'L-
~k.~
Rac el Clark, City Clerk
The foregoing Ordinance is hereby approved this ~ day of August, 2007.
A RICK J. MO , Mayor
of San Bernardino
23 Approved as to form:
24 JAMES F. PENMAN
City Attorney
25
26
27
28
F:\EMPENO\Ordinances\GroupHomes.Ord.wpd
8