HomeMy WebLinkAboutMC-1280U
Adopted: August 4. 2008
Effective: August 4. 2008
1 ORDINANCE NO. MC-1280
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AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO
3 ESTABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND
OPERATION OF NEW PAROLEEIPROBATIONERGROUPHOMES, REGISTERED SEX
4 OFFENDER GROUP HOMES AND UNLICENSED GROUP HOMES, DECLARING THE
GENCY THEREOF, AND TAKING EFFECT IMMEDIATELY.
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The Mayor and Common Council ofthe City of San Bernardino do ordain as foUows:
WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with
the power to make and enforce all laws and regulations with respect to municipal affairs, subject only
o 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
ublic safety, health, and welfare, the legislative body of a city may adopt, without following the
rocedures otherwise required prior to the adoption of a zoning ordinance, as an urgency measure,
an interim ordinance, by a vote of fourth-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,
lanning commission or the planning department is considering or studying or intends to study
'thin a reasonable time; 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
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single family homes, Uses such as homes fOr parolees and probationers, registered sex offenders,
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and transients, group homes, and other similar uses are operating as businesses in residentially zoned
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areas of the City; and
WHEREAS, citizens of the City have expressed significant concerns regarding the adverse
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1 impacts that an over-proliferation of parol eel probationer group homes, registered sex offender group
2 omes, and state licensed and unlicensed group homes has on the surrounding residential
3 eighborhoods, including, but not limited to, impacts on traffic and parking, excessive delivery times
4 and durations, the commercial use of public property, commercial and/or institutional services
5 offered in private residences, more frequent trash collection, daily arrival of staff who live off-site,
6 second-hand smoke, possession and use of illegal drugs, loitering, trespassing, trash, debris,
7 unmaintained landscaping, depreciation of property values, and nuisance behavior such as noise,
8 litter, loud and offensive language, and public drunkenness; and
9 WHEREAS, according to the California Attorney General's website on Megan's Law
10 (www.meganslaw.ca.gov).as ofJuly 31,2008, there are 472 registered sex offenders living within
11 the City and County islands located within the City's borders, which number is disproportionate and
12 at a much higher percentage of the total number of registered sex offenders living in San Bernardino
13 County when compared to the percentage of the City's population to the County's total population;
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15 WHEREAS, according to the San Bernardino Police Department, as of June 30, 2008, there
16 ere 1,815 active parolees living within the City; and
17 WHEREAS, significant concerns have been raised by residents in the commuuity regarding
18 e over-proliferation of registered sex offenders and parolees living within the City; and
19 WHEREAS, on August 6, 2007, the Mayor and Common Council unanimously adopted
20 Ordinance No. MC-1253, "An Urgency Interim Ordinance of the City of San Bernardino
21 Establishing a Temporary Moratorium on the Establishment and Operation of New
22 aroleelProbationer Group Homes, Registered Sex Offender Group Homes and Unlicensed Group
23 omes, Declaring the Urgency Thereof, and Taking Effect Inunediately." Ordinance No. MC-1253
24 and the Request for Council Action, Staff Report, and other documents and public testimony
25 reviously submitted to the Mayor and Council in support of said Ordinance are hereby incorporated
26 erein by reference.
27 WHEREAS, on September 17 and October I, 2007, the Mayor and Common Council
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1 adopted Ordinance Nos. MC-1256 and MC-1257, respectively, an urgency ordinance and a non-
2 gency regular ordinance, which extended the temporary moratorium by 10 months and 15 days.
3 Ordinance Nos. MC-1256 and MC-1257, and the Request for COWlcil Action, Staff Report, and
4 other documents and public testimony previously submitted to the Mayor and COWlcil in support of
5 ese two ordinances are hereby incorporated herein by reference.
6 WHEREAS, on July 21,2008 the Mayor and COWlcil adopted Ordinance No. 1277, an
7 urgency ordinance which extended the temporary moratorium by twelve months.
8 WHEREAS, this urgency ordinance is proposed for adoption pursuant to Government Code
9 Section 65858, as additional State legislative authority for the City's adoption of a temporary
10 oratorium by an urgency interim ordinance.
II WHEREAS, the Mayor has appointed Superior Court Judge Tara Reilly, COWlcilmembers
12 Wendy McCammack, Rikke Van Johnson, and Tobin Brinker, and the Mayor to a Parolee Reentry
13 d Hoc Committee for the purpose of discussing how to control and improve services for parolees
14 and probationers.
15 WHEREAS, the City requires additional time to study and determine the actual adverse
16 impacts of parolee/probationer, registered sex offender, and State licensed and Wllicensed group
17 omes now permitted in residentially zoned areas of the City. The City also requires additional time
18 to study and determine appropriate uses in residentially zoned areas, to reduce adverse impacts while
19 complying with federal and state laws protecting the disabled, and to specify appropriate permitting
20 conditions, requirements, and procedures and desired levels of discretionary review; and
21 WHEREAS, the Mayor and Common COWlcil requires additional time to receive public
22 comment prior to enacting any permanent regulatory ordinances; and
23 WHEREAS, the Mayor and Common Council hereby specifically finds as follows:
24 Section 1. Findings.
25 a. The above recitals are true and correct and incorporated herein by this reference.
26 b. The owners or operators of parolee/probationer group homes, registered sex offender
27 group homes, or unlicensed group homes are likely to commence operations of such uses before the
28 studies are completed and appropriate regulations and safeguards are adopted, thereby adversely
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1 impacting the peace, health, safety, and welfare of the community; and
2 c. Parolee/probationer group homes, registered sex offender group homes, or unlicensed
3 group homes may be established in areas that would be inconsistent with the surrounding uses or
4 . th the character of a residential neighborhood and would be immediately detrimental to the public
5 eace, health, safety and welfare of the community; and
6 d. If new parolee/probationer group homes, registered sex offender group homes, or
7 unlicensed group homes are established, such uses could conflict with, and defeat the purpose of,
8 the proposal to study and adopt new regulations regarding these uses; and
9 e. In accordance with Government Code Section 65858, the Mayor and Common
10 Council hereby finds that there is a current and immediate threat to the public health, safety, or
11 elfare, and the approval of additional use permits, building permits or other applicable entitlements
12 to establish or operate a new parolee/probationer group home, registered sex offender group home,
13 or unlicensed group home would result in that threat to public health, safety or welfare; and
14 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
15 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
16 Section 2. Imposition of Moratorium.
17 A. Notwithstanding any conflicting provision(s) in any other section of the San Bernardino
18 Municipal Code, including the Development Code, no new parolee/probationer group home, registered
19 sex offender group home, or unlicensed group home shall be established or operated; and no
20 Conditional Use Permit, Development Permit, Building Permit, Certificate of Occupancy or Zoning
21 Verification Review (also referred to as "Zoning Consistency Review") shall be issued or granted for
22 e establishment or operation of a new parolee/probationer group home, registered sex offender group
23 home, or unlicensed group home, or similar use.
24 B. As used in this Ordinance, the following defmitions apply:
25 1. "Parolee/probationer group home" shall mean any single family residential structure
26 or unit, whether owned and/or operated by an individual or a for-profit ornon-profit entity, that houses
27 two or more parolees/probationers, unrelated by blood, marriage, or adoption, in exchange for
28 monetary or non-monetary consideration given and/or paid by the parolee/probationer and/or any
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ublic or private entity or person on behalf of the parolee/probationer.
2. A "parolee/probationer" includes:
a. Any individual who has been convicted of a Federal crime and sentenced to a
4 erm of supervised probation or sentenced to a term of imprisonment in Federal prison, and granted
5 conditional and revocable release into the community under the supervision of a Federal parole officer.
6 b. Any individual who has been convicted of a State crime and sentenced to a term
7 fsupervised probation or sentenced to a term of imprisonment in county jail or in a State prison and
8 ho is serving a period of supervised community custody, as defined in Penal Code Section 3000, and
9 is under the jurisdiction of the California Department of Corrections, Parole and Community Services
ivision.
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c. An adult or juvenile sentenced to a term in the California Youth Authority and
ho has received conditional and revocable release into the community under the supervision of a
13 Youth Authority Parole Officer.
14 3. "Registered sex offender group home" shall mean any single family residential structure
15 or unit, whether owned and/or operated by an individual or a for-profit or non-profit entity, that houses
16 two or more registered sex offenders, unrelated by blood, marriage, or adoption, in exchange for
17 onetary or non-monetary consideration given or paid by the registered sex offender or any public or
18 rivate entity or person on behalf of the registered sex offender.
19 4. A "registered sex offender" shall mean any person required to register pursuant to
20 California Penal Code Section 290.
21 5. "Licensed group home" shall mean any State licensed residential facility that is
22 tained and operated to provide non-medical residential care, day treatment, or foster agency
23 services for six or fewer adults, children, or adults and children, and which is required by State law
24 to be treated as a single family residence or single family dwelling unit for zoning purposes.
25 6. "Unlicensed group home" shall mean any residential structure or unit, whether owned
26 and/or operated by an individual or a for-profit or non-profit entity, that is not licensed by the State,
27 that is ruaintained and operated to provide non-medical residential care, day treatment, or foster agency
28 services for six or fewer adults, children, or adults and children, and which is not required by State law
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1 to be treated as a single family residence or single family dwelling unit for zoning purposes.
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Section 3:
Reasonable Accommodation.
3 In compliance with the Federal Fair Housing Act (42 D.S.C. ~~ 3600 et seq.), the Americans
4 .th Disabilities Act (42 D.S.C. ~~ 12101 et seq.), and the Employment and Housing Act (Gov. Code
5 ~~ 12900 et seq.), it is the City's policy to provide reasonable accommodation in the application of this
6 Ordinance to any person with a disability who seeks fair access to housing. "Disability" shall have the
7 same meaning as the terms "disability" and "handicapped" in the Fair Housing Act.
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A.
An application forreasonable accommodation in the application of this Ordinance shall
9 e made to the City Planner/Deputy Director of Development Services, and shall include:
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The provision of this Ordinance from which accommodation is being
requested;
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The basis for the claim that the individuals affected are considered disabled
13 under the Fair Housing Laws, and why the accommodation is necessary to provide equal opportunity
14 for housing and to make the specific housing available to the individuals; and
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Any other information the City Planner/Deputy Director of Development
16 Services reasonably determines is necessary.
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B.
In making a determination regarding the reasonableness of the requested
18 accommodation, the following factors shall be considered:
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Special need created by the disability;
Potential benefit that can be accomplished by the requested accommodation;
Potential impact on, and compatibility with, other property in the vicinity;
Physical attributes of the property and structures;
Alternative accommodations that may provide an equivalent level of benefit;
Whether the requested accommodation would impose an undue [mancial or
25 administrative burden on the City;
26 7. Whether the requested accommodation would require a fundamental alteration
27 in the nature of a City program; and
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8.
Whether granting the request would be consistent with the City's General Plan.
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C.
Any request for reasonable acconunodation from the provisions of this Ordinance shall
2 e reviewed and considered by the Planning Commission at a noticed public hearing and may be
3 approved, conditionally approved, or denied by the Planning Commission.
This Ordinance is based upon the recitals and fmdings set forth above, and the
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Section 4:
5 accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the
6 authority granted to the City of San Bernardino in California Government Code Section 65858.
7 Section 5: Pursuant to Government Code Section 65858, this Ordinance shall take effect
8 inunediately and be of no further force and effect 45 days from its date of adoption unless extended
9 y action of the Mayor and Conunon Council.
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Section 6:
During the effective time period of this Ordinance, the Development Services
11 Department and the Planning Commission are hereby directed to consider and process a permanent
12 ordinance regulating the establishment and operation of parolee/probationer group homes, registered
13 sex offender group homes, unlicensed group homes, and other sirnilar uses in the City of San
14 Bernardino.
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Section 7:
Compliance with the California Environmental Quality Act. The Mayor
16 and Conunon Council fmds that this Ordinance is not subject to the California Environmental Quality
17 ct (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or reasonably
18 foreseeable indirect physical change in the environment) and 15060( c )(3) (the activity is not a project
19 as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14,
20 Chapter 3, because it has no potential for resulting in physical change to the environment, directly or
21 indirectly.
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Section 8:
Severability. If any section, subsection, subdivision, sentence, clause or phrase
23 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective
24 y any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of
25 the remaining portions of this Ordinance or any part thereof. The Mayor and Conunon Council hereby
26 declares that it would have adopted each section irrespective of the fact that anyone or more
27 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
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MC-1280
1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO
STABLISHING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND
2 OPERATION OFNEWPAROLEEIPROBATIONER GROUP HOMES, REGISTERED SEX
3 OFFENDER GROUP HOMES AND UNLICENSED GROUP HOMES, DECLARING THE
URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY.
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5 1 HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
joint
6 Council of the City of San Bernardino at a reRular meeting thereof, held on the 4th day of
7 Au ust
, 2008, by the following vote, to wit:
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COUNCIL MEMBERS:
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ESTRADA
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KELLEY
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JOHNSON
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MC CAMMACK
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AYES
NAYS
ABSTAIN ABSENT
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~h~
Rae I Clark, City Clerk
The foregoing Ordinance is hereby approved this 5~ day of August
,2008.
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~J. MO~S;aYOr
. San Bernardino
24 Approved as to form:
25 JAMES F. PENMAN
City Attorney
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