HomeMy WebLinkAboutMC-1278
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Adopted: August 4. 2008
Effective: September 4. 2008
I ORDINANCE NO. Ke-I2l8
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING A
3 TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW
PAROLEEIPROBATIONER GROUP HOMES, REGISTERED SEX OFFENDER GROUP
4 OMES AND UNLICENSED GROUP HOMES.
5 The Mayor and Common Council of the City of San Bernardino do ordain as follows:
6 WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with
7 he power to make and enforce all laws and regulations with respect to municipal affairs, subject only
8 to the restrictions and limitations provided in the Charter or by State law; and
9 WHEREAS on November 1,2005, the Mayor and Common Council adopted a revised and
10 updated General Plan. The General Plan provides a vision for our City's future which includes,
II among other requirements, the use and development of land which ensures the safety of our streets
12 and neighborhoods, and the compatibility between land uses, and provides for a coordinated law and
13 code enforcement presence so that our residents will be safe in their homes, places of business,
14 schools, and neighborhoods (General Plan, pages 1-21&22); and
IS WHEREAS, the City has received evidence of increasing numbers of group homes that are
16 ansient in nature and operate more like institutional and commercial boarding house uses than as
17 single family homes. Uses such as homes for parolees and probationers, registered sex offenders,
18 and transients, group homes, and other similar uses are operating as businesses in residentially zoned
19 areas of the City; and
20 WHEREAS, citizens of the City have expressed significant concerns regarding the adverse
21 impacts that an over-proliferation of parolee/probationer group homes, registered sex offender group
22 omes, and state licensed and unlicensed group homes has on the surrounding residential
23 eighborhoods, including, but not limited to, impacts on traffic and parking, excessive delivery times
24 and durations, the commercial use of public property, commercial and/or institutional services
25 offered in private residences, more frequent trash collection, daily arrival of staff who live off-site,
26 second-hand smoke, possession and use of illegal drugs, loitering, trespassing, trash, debris,
27 unmaintained landscaping, depreciation of property values, and nuisance behavior such as noise,
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MC-1278
1 litter, loud and offensive language, and public drunkenness; and
2 WHEREAS, according to the California Attorney General's web site on Megan's Law
3 (www.meganslaw.ca.gov).as ofJuly 16, 2008, there were 459 registered sex offenders living within
4 e City and County islands located within the City's borders, which number is disproportionate and
5 at a much higher percentage of the total number of registered sex offenders living in San Bernardino
6 County when compared to the percentage of the City's population to the County's total population;
7 and
8 WHEREAS, according to the San Bernardino Police Department, as of June 30, 2008, there
9 ere 1,815 parolees living within the City of San Bernardino; and
10 WHEREAS, significant concerns have been raised by residents in the community regarding
11 e over-proliferation of registered sex offenders and parolees living within the City; and
12 WHEREAS, on August 6, 2007, the Mayor and Common Council unanimously adopted
13 Ordinance No. MC-1253, "An Urgency Interim Ordinance of the City of San Bernardino
14 Establishing a Temporary Moratorium on the Establishment and Operation of New
15 ParoleelProbationer Group Homes, Registered Sex Offender Group Homes and Unlicensed Group
16 omes, Declaring the Urgency Thereof, and Taking Effect Immediately." Ordinance No. MC-1253
17 and the Request for Council Action, Staff Report, and other documents and public testimony
18 reviously submitted to the Mayor and Council in support of said Ordinance are hereby incorporated
19 erein by reference.
20 WHEREAS, on September 17 and October 1, 2007, the Mayor and Common Council
21 adopted Ordinance Nos. MC-1256 and MC-1257, respectively, an urgency ordinance and a non-
22 urgency regular ordinance, which extended the temporary moratorium by 10 months and 15 days.
23 Ordinance Nos. MC-1256 and MC-1257, and the Request for Council Action, Staff Report, and
24 other documents and public testimony previously submitted to the Mayor and Council in support of
25 these two ordinances are hereby incorporated herein by reference.
26 WHEREAS, Ordinance No. MC-1256 expires 10 months and 15 days after the date of
27 adoption, which will occur on August 1,2008, unless extended by action of the Mayor and Council.
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1 WHEREAS, the Mayor has appointed Superior Court Judge Tara Reilly, Councilmembers
2 endy McCammack, Rikke Van Johnson, and Tobin Brinker, and the Mayor to a Parolee Reentry
3 d Hoc Committee for the purpose of discussing how to control and improve services for parolees
4 and probationers.
5 WHEREAS, the City requires additional time to study and determine the actual adverse
6 impacts of parolee/probationer, registered sex offender, and State licensed and unlicensed group
7 omes now permitted in residentially zoned areas of the City. The City also requires additional time
8 0 study and determine appropriate uses in residentially zoned areas, to reduce adverse impacts while
9 complying with federal and state laws protecting the disabled, and to specify appropriate permitting
10 conditions, requirements, and procedures and desired levels of discretionary review; and
11 WHEREAS, the Mayor and Common Council requires additional time to receive public
12 comment prior to enacting any permanent regulatory ordinances; and
13 WHEREAS, the Mayor and Common Council hereby, specifically finds as follows:
14 Section 1. Findings.
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16
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.
17 group homes, or unlicensed group homes are likely to commence operations of such uses before the
18 studies are completed and appropriate regulations and safeguards are adopted, thereby adversely
19 impacting the peace, health, safety, and welfare of the community; and
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c.
Parolee/probationer group homes, registered sex offender group homes, or unlicensed
21 group homes may be established in areas that would be inconsistent with the surrounding uses or
22 . th the character of a residential neighborhood and would be immediately detrimental to the public
23 eace, health, safety and welfare of the community; and
25 licensed group homes are established, such uses could conflict with, and defeat the purpose of,
26 e proposal to study and adopt new regulations regarding these uses; and
27 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
28 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
d.
If new parolee/probationer group homes, registered sex offender group homes, or
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1 Section 2. Imposition of Moratorium.
2 A. Notwithstanding any conflicting provision( s) in any other section of the San Bernardino
3 Municipal Code, including the Development Code, no new parolee/probationer group home, registered
4 sex offender group home, or unlicensed group home shall be established or operated; and no
5 Conditional Use Permit, Development Permit, Building Permit, Certificate of Occupancy or Zoning
6 erification Review (also referred to as "Zoning Consistency Review") shall be issued or granted for
7 the establishment or operation of a new parolee/probationer group home, registered sex offender group
orne, or unlicensed group home, or similar use.
R As used in this Ordinance, the following definitions apply:
1. "Parolee/probationer group home" shall mean any single family residential structure
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II or unit, whether owned and/or operated by an individual or a for-profit or non-profit entity, that houses
12 two or more parolees/probationers, unrelated by blood, marriage, or adoption, in exchange for
13 onetary or non-monetary consideration given and/or paid by the parolee/probationer and/or any
14 ublic or private entity or person on behalf of the parolee/probationer.
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2.
A "parolee/probationer" includes:
a.
Any individual who has been convicted of a Federal crime and sentenced to a
17 erm of supervised probation or sentenced to a term of imprisonment in Federal prison, and granted
18 conditional and revocable release into the community under the supervision of a Federal parole officer.
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b.
Any individual who has been convicted of a State crime and sentenced to a term
20 of supervised probation or sentenced to a term of imprisonment in county jailor in a State prison and
21 ho is serving a period of supervised community custody, as defined in Penal Code Section 3000, and
22 is under the jurisdiction of the California Department of Corrections, Parole and Community Services
23 Division.
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c.
An adult or juvenile sentenced to a term in the California Youth Authority and
25 ho has received conditional and revocable release into the community under the supervision of a
26 Youth Authority Parole Officer.
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3.
"Registered sex offender group home" shall mean any single family residential structure
28 or unit, whether owned and/or operated by an individual or a for-profit or non-profit entity, that houses
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1 0 or more registered sex offenders, unrelated by blood, marriage, or adoption, in exchange for
2 onetary or non-monetary consideration given or paid by the registered sex offender or any public or
3 rivate entity or person on behalf of the registered sex offender.
4
4.
A "registered sex offender" shall mean any person required to register pursuant to
5 California Penal Code Section 290.
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5.
"Licensed group home" shall mean any State licensed residential facility that is
7 intained and operated to provide non-medical residential care, day treatment, or foster agency
8 services for six or fewer adults, children, or adults and children, and which is required by State law
9 to be treated as a single family residence or single family dwelling unit for zoning purposes.
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6.
"Unlicensed group home" shall mean any residential structure or unit, whether owned
11 and/or operated by an individual or a for-profit or non-profit entity, that is not licensed by the State,
12 at is maintained and operated to provide non-medical residential care, day treatment, or foster agency
13 services for six or fewer adults, children, or adults and children, and which is not required by State law
14 0 be treated as a single family residence or single family dwelling unit for zoning purposes.
15
Section 3:
Reasonable Accommodation.
16 In compliance with the Federal Fair Housing Act (42 U.S.C. ~~ 3600 et seq.), the Americans
17 .th Disabilities Act (42 U.S.C. ~~ 12101 etseq.), and the Employment and Housing Act (Gov. Code
18 ~~ 12900 et seq.), it is the City's policy to provide reasonable accommodation in the application of this
19 Ordinance to any person with a disability who seeks fair access to housing. "Disability" shall have the
20 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
22 e made to the City Planner/Deputy Director of Development Services, and shall include:
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1.
The provision of this Ordinance from which accommodation is being
requested;
The basis for the claim that the individuals affected are considered disabled
2.
26 under the Fair Housing Laws, and why the accommodation is necessary to provide equal opportunity
27 for housing and to make the specific housing available to the individuals; and
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3.
Any other information the City Planner/Deputy Director of Development
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1 Services reasonably determines is necessary.
2 B. In making a determination regarding the reasonableness of the requested
3 accommodation, the following factors shall be considered:
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1.
2.
3.
4.
5.
6.
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 financial or
10 administrative burden on the City;
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Whether the requested accommodation would require a fundamental alteration
7.
12 in the nature of a City program; and
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C.
Whether granting the request would be consistent with the City's General Plan.
8.
Any request for reasonable accommodation from the provisions of this Ordinance shall
15 e reviewed and considered by the Planning Commission at a noticed public hearing and may be
16 approved, conditionally approved, or denied by the Planning Commission.
17
Section 4:
This Ordinance is based upon the recitals and findings set forth above, and the
18 accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the
19 authority granted to the City of San Bernardino in Article II, Section 7 of the California Constitution,
20 and Section 40(z) of the Charter of the City or San Bernardino.
21
Section 5:
This Ordinance shall be of no further force and effect 12 months from its date
22 of adoption unless extended by action of the Mayor and Common Council.
During the effective time period of this Ordinance, the Development Services
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Section 6:
24 Department and the Planning Commission are hereby directed to consider and process a permanent
25 ordinance regulating the establishment and operation of parolee/probationer group homes, registered
26 sex offender group homes, unlicensed group homes, and other similar uses in the City of San
27 Bernardino.
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MC-1278
1 Section 7: Compliance with the California Environmental Quality Act. The Mayor
2 and Common Council frods that this Ordinance is not subject to the California Environmental Quality
3 ct (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. If any 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 Y any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of
11 e 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.
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KG-I278
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING A
TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW
2 PAROLEEIPROBATIONER GROUP HOMES, REGISTERED SEX OFFENDER GROUP
3 OMES AND UNLICENSED GROUP HOMES.
4
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 joint
Council of the City of San Bernardino at a re2ular meeting thereof, held on the 4 th day of
6
Au ust
, 2008, by the following vote, to wit:
7
8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9 ESTRADA X
-
10 BAXTER X
-
11 BRINKER X
12 X
13 -X....-
14 JOHNSON -X....-
15 MC CAMMACK ---X-
16 ~/h.~
17
Rae el Clark, City Clerk
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22
The foregoing Ordinance is hereby approved thisS~ day of August
,2008.
~;'~dYOr
. San Bernardino
23
Approved as to form:
24
JAMES F. PENMAN
25 City Attorney
26 /L-
~
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