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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PE!\'MAN
City Attorney
Subject: An Ordinance of the City of San Bernardmo
Amendmg the San Bernardmo MuniCIpal Code
(Development Code), to ProhibIt Group Homes and
ResidentIal Care FacilitIes for Parolees and Registered
Sex Offenders in Residential and Commercial Land Use
DIstricts, and to Designate a Violation ofthlS Ordinance
a Misdemeanor.
Dept: CITY ATTORNEY
Date: December 12,2007
MCC Date: December 17, 2007
Synopsis of Previous Council Action:
8106/07 - Mayor and Council unanimously adopted MC-1253, an Urgency Interim Ordinance of San
Bernardino Establishing a Temporary Moratorium on the Establishment and Operation of New ParoleelProbationer
Group Homes, Registered Sex Offender Group Homes and Unlicensed Group Homes, Declaring the Urgency
Thereof, and Taking Effect Immediately.
8/20/07 - Mayor and Council considered an Ordinance adding Section 19.06.070 to the San Bernardmo
Municipal Code (Development Code) and Prohibiting the Establishment and Operation of New Parolee/Probationer
Group Homes and Unlicensed Group Homes, and continued this matter to a workshop at a date and time to be
determined.
9/17/07 - Mayor and Council adopted MC-1256, an Urgency Ordinance of the City of San Bernardino
Extending a Temporary Moratorium on the Establishment and Operation of New Parolee/Probationer Group
Homes, Registered Sex Offender Group Homes and Unlicensed Group Homes, Declaring the Urgency Thereof,
and Taking Effect Immediately.
10/01/07 - Mayor and Council adopted MC-1257, a non-urgency regular Ordinance of the City of
San Bernardino Establishing a Temporary Moratorium on the Establishment and Operation of New
Parolee/Probationer Group Homes, Registered Sex Offender Group Homes and Unlicensed Group Homes.
11/26107 - Mayor and Council held a Parolee Workshop.
12/03/07 - Mayor and Council tabled the initiation of a Development Code Amendment to allow Group
Homes and Residential Care Facilities for Parolees in non-residential and non-commercial land use districts subject
to a Conditional Use PermIt, and tabled consideration of allowing such facilities m CH (Commercial Heavy) Land
Use Districts subject to a ConditlOnal Use Permit.
Recommended motion: Refer this matter to the Legislative Review Committee.
Contact person: Henry Empeiio. Jr.. Sr. Deputy City Attornev
Supporting data attached: Staff Report
FUNDING REQUIREMENTS: Amount:
Source:
Council Notes:
Phone:
Ward:
5255
All
Finance:
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Agenda Item No.
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F: \EMPENO\Ordinanccs\GroupHomes RCA2 -Ordinance. '^"'Pd
STAFF REPORT
Council Meeting Date: December 17, 2007
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
December 12, 2007
An Ordinance of the City of San Bernardino Amending the San
Bernardino Municipal Code (Development Code), to Prohihit Group
Homes and Residential Care Facilities for Parolees and Registered Sex
Offenders in Residential and Commercial Land Use Districts, and to
Designate a Violation of this Ordinance a Misdemeanor.
On August 6, 2007, the Mayor and Common Council unanimously adopted Ordinance No.
MC-1253, "An Urgency Interim Ordinance of the City of San Bernardino Establishing a Temporary
Moratorium on the Establishment and Operation of New ParoleelProbationer Group Homes,
Registered Sex Offender Group Homes and Unlicensed Group Homes, Declaring the Urgency
Thereof, and Taking Effect Immediately." Ordinance No. MC- 1 253 was adopted by the Mayor and
Council based on documentary evidence and testimony presented at the Council meeting regarding
the over-proliferation of registered sex offenders and parolees living within the City; the increasing
numbers of parolee/probationer group homes, registered sex offender group homes, and other State
licensed and unlicensed group homes located in the City's single family residential neighborhoods;
and growing concern expressed by City residents regarding the significant adverse impacts caused
by these uses on the surrounding residential neighborhoods.
On September 17 and October l, 2007, the Mayor and Council adopted MC- 1 256 and MC-
l257, an Urgency Ordinance and a non-urgency regular Ordinance which extended the temporary
moratorium on the establishment and operation of new parolee/probationer group homes, registered
sex offender group homes and unlicensed group homes for an additional lO months and l5 days.
Initiation of the proposed Development Code Amendment will require the Development
Services Department to begin researching and drafting Development Code ordinances which will
set the development standards and locational criteria to prohibit parolee and registered sex offender
group homes (housing up to six parolees and/or registered sex offenders) and residential care
facilities (housing more than six parolees and/or registered sex offenders) in residential and
commercial land use districts. Other cities' zoning ordinances, to avoid over-concentration, have
required new parolee group homes to be located up to 5,000 feet away from other parolee group
homes. These other cities' ordinances have also required new parolee group homes to be located up
to 1 ,000 feet away from certain uses such as any public or private school (pre-school through twelfth
grade), university, college, student housing, senior housing, child care facility, public park or
recreation facility, video arcade, amusement center, church, hospital, youth facility, or business
licensed for on or off-site sales of alcoholic beverages.
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F:\EMPENO\Ordin:mces\Parolee Staff Report #3 12-17-07.wpd
Staff Report
Council Meeting Date: December 17, 2007
Agenda Item: An Ordinance of the City of San Bernardino Amending the San Bernardino
Municipal Code (Development Code), to Prohibit Group Homes and Residential
Care Facilities for Parolees and Registered Sex Offenders in Residential and
Commercial Land Use Districts, and to Designate a Violation of this Ordinance a
Misdemeanor.
The Mayor and Council's adoption of a motion to initiate this Development Code
Amendment will start the process for the Planning Commission, at a noticed public hearing, to
consider and make a recommendation regarding the proposed ordinance. Afterwards, the Mayor and
Council will consider the proposed ordinance and the Planning Commission's recommendations at
a noticed public hearing at a subsequent Council meeting.
Recommended Motion:
Refer this matter to the Legislative Review Committee.
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F:\EMPENOIOrdinances\Parolee Staff Report #3.12-17-07. wpd