HomeMy WebLinkAbout46-Development Services
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
o
To:
Mayor and City Council
From:
Lieutenant Ronald Maass, NW District Commander
Subject:
840 N. Sierra Way
Date:
April 2, 2009
Copies:
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According to a 2007 census conducted in San Bernardino County by the Community
Action Partnership (CAP), the city of San Bernardino houses approximately 1,915
homeless. This represents approximately 26% of the overall homeless population within
San Bernardino County (7,331). CAP estimates that county-wide, approximately 83.4%
of the homeless were housed in either ernergency homeless shelters or transitional
housing centers. Estimates from the California Department of Corrections and
Rehabilitation show approximately 333 parolees in the "San Bernardino" region, which
also includes the nearby un-incorporated areas and the cities of Highland, Yucaipa,
Redlands, Loma Linda, etc. A basic estimate for those homeless parolees residing within
the city limits of San Bernardino resulted in a range of approximately 250 or more.
I have met with representatives of the applicant, Human Potential Consultants, as well as
attended public meetings before the Planning l:;ommission and the City Council. Based
upon this information and materials received from Human Potential Consultants along
with our own research, I have developed a variety of strong concerns related to the
specific location of this facility.
The applicant, Human Potential Consultants, is proposing a 56 bed facility (48 males and
8 females) emergency homeless shelter at 840 N. Sierra Way. 840 N. Sierra Way is a .45
acre site with an existing 6,747 square foot building. It is located in a residential
neighborhood consisting of single family residences and small apartment buildings.
Many of the surrounding residents have expressed extreme concerns regarding the nature
of this facility and its proximity to their residences and businesses. There are plans to
construct a new elementary school, Lincoln II Elementary, within one block of this
proposed facility. A second elementary school is 5 blocks west and another 5 blocks to
the east. In addition Seccombe Lake Park is also one block south of this proposed facility.
These public locations attract a high degree of juvenile foot traffic.
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This is also in immediate proximity to Option House, the region's first domestic violence
shelter, and one of the first of its kind in the country. In meetings with representatives
from Option House, grave concerns were related by their representatives pertaining to the
distinctly incompatible use of the location. They were concerned about maintaining the
TIffi SBPD IS COMMJTI'ED TO PROVIDING,
PROGRESSIVE QUAlJ1Y POLICE SERVICE;
A SAFE ENVIRONMENT TO IMPROVE TIffi QUAlJ1Y OF LIFE;
A REDUCTION IN CRIME THROUGH PROBLEM RECOGNmON AND PROBLEM SOLVING
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physically and psychologically secure environment needed to maximize the healing
process associated with the trauma experienced by domestic violence victims. Option
House has been an invaluable asset to the San Bernardino Police Department as well as
surrounding law enforcement agencies. The loss or severe hindering of the services
provided by Option House could have a very detrimental impact upon the resources
available to assist the victims of domestic violence.
As proposed by Human Potential Consultants (HPC), the nature of the clients intended
for the facility has been described as homeless or those in an "at risk" environment with
no history of "extreme" violence, nQ sexual registrants (pC 290), and no history of arson.
This basic guideline would allow for the inclusion of parolees in a very high density,
possibly 100%. The applicants are proposing a 56 bed facility (48 .ma1es and 8 females)
on a .45 acre site. Alternatively, the applicants offered to reduce the size of their facility
to 36 beds, in the interest of mitigating any potential negative impact. Attempts to limit
the number of parolees or to exclude those with a history of domestic violence were
rejected by HPC representatives. This could result in the possibility of a victim of
domestic violence recovering from her traumatic situation, in very close proximity to her
actual attacker. According to HPC representatives, they will only accept clients with
identified funding sources through a referral basis. They specifically stated that they
would only accept those with referrals frorn entities that would pay for the services
provided. HPC would not accept walk-in or law enforcement drop-offs for clients.
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Officer Marci Atkins, the SBPD Homeless Advocacy Officer, reviewed the tenets of
HPC's proposal and did not believe that the services offered to be provided by HPC
would have a substantial impact on the homeless problem within the city. Based upon her
experiences with the demographics of the city's homeless population, she did not believe
that many would qualify for referrals to HPC's program.
As of this date, the San Bernardino Police Department has not received a copy of an
actual Security Plan from HPC in regard to the proposed facility at 840 N. Sierra Way.
The last information received referred in general terms to the existence of a plan,
referenced in their operations manual. The response mentioned the use of several security
cameras, and referred to staff members trained as "guards/monitors" who would be
"trained in all matters related to emergency and disaster procedures" as outlined in their
manuals. Prior paperwork provided by the applicants suggest that this training would be
provided to all employees, however, there do not appear to be plans for personnel whose
primary function is security as opposed to "cross-trained" in security related procedures.
Representatives from HPC advised the council that the HPC staff received security
training from the "American Corrections Association." Training from the American
Correctional Association is completed through their "online corrections academy." This
on-line training does not appear to include any form of hands-on personal defense or
physical control/arrest training.
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The applicants currently manage several facilities in Southern California including
Riverside and Los Angeles County. According to the HPC website, all of their current
facilities within their Community Based Coalition Project (CBC) and their Day Reporting
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Centers exclusively house parolees. We confirmed this information through phone calls
to their facilities. We contacted the law enforcement agencies responsible for the various
facilities. For the housing facility known as Bridgeback II, located at 1718 W. Vemon
Ave in Los Angeles, we were advised of 26 calls for service since January 1,2008 (22 in
2008,4 in 2009 through 3/31/09). A second housing facility, located at 1511 Gramercy
Place in Los Angeles, LAPD detectives responded for seven investigations at the facility
including batteries (PC 242), conspiracies (pC 182), a death investigation, and a
homicide (PC 187). Comparing this to the proposed site, in the same time frame, there
were a total of 12 calls for service in the entire block. Two were for 840 Sierra Way and
were for burglary alarm and a subject disturbing the peace. The other calls in the
neighborhood were for non-violent calls such as burglary reports or unknown/suspicious
circumstances. Were there to be a comparable increase in calls for service to that
experienced by the LAPD at Bridgeback 11, this would result in more than doubling the
incidence of calls for service within the entire city block.
Taking all of these factors into consideration, the Police Department is very concerned
about the potential negative impact on police services, which would draw officers away
from the ability to provide timely police service to the surrounding community. The
introduction of a facility that would potentially generate additional calls for service on an
annualized basis, not to mention the anticipated additional calls for service resulting from
clients associated with the facility in the surrounding community, would have a
detrimental impact on police services to the existing residents and businesses.
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CITY OF SAN BERNARDINO
Development Serviees Department - Planning Division
Interoffice Memorandum
TO: '
Mayor and Common Council ~ ~./ 11
.zce~
Terri Rahhal, City Planner
FROM:
SUBJECT: Item 36 - Human Potential Consultants Appeal of CUP No. 08-21
DATE: April 2, 2009
COPIES: James Penman, City Attorney; Rachel Clark, City Clerk; Mark Weinberg, City
Manager; Henry Empello, Senior Deputy City Attorney; Valerie Ross, Development
Services Director; Jorge Carlos, Executive Assistant to Council
The following additional items are transmitted for review and reference:
1. A letter dated April 1,2009 from Debra E. Pole of Sidley Austin, LLC
2. A letter dated June 19,2008 from Human Potential Consultants, presenting background
information and a program description
3. Ordinance No. MC-1290: Emergency Shelter Overlay District
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SIDLEYI
SIDLEY AUSTIN IoIoP
&55 WEST fIFTH STREET
Loa ANGI!LeS. CA .0013
213 I" 1000
213 I.. 1100 FAX
BEIJING
BRuesas.
CHICAGO
DALLAS
GENEVA
HONG KONG
LONDON
LOS ANQIILIS
NEW YORI(
SAN FRANCISCO
SHANCltlAI
SINGAPo"e
TOKVO
WAaHINGTON. DC
deni... browne.idler .com
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,,"OUNn,.n 1AM
FACSIMILE TRANSMISSION FORM
Date: A riJ 1 2009
No. of a es includln cover sheet: 8
To:
To: Ma or Patrick.J. Morris 909 384-5067
To: Ester Estrada 909 384-5105
To: Tobin Brinker 909 384-5105
To: Dcnno Baxtcr 909 384-5105
To: Te
To: Ch., Kell
To: Rikke Van .John,oD 909 384-5105
To: WeD Mc:Cammac:k 909 384-5105
o From: Denise D. Brown
Ext. 46882
Floor: 41
COMMENTS: Appeal of the Planning Commission 3 Denial of Human Potential Consultant~.,
ApplicationfOr Conditional Use Permit No, 08-21 (Appeal No, 08-07)
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Pa.ge 2
Sidley
SID"LEY
SIDLey AUSTIN LC#
.55 WEST FIFTH STReeT
LOS ANGnl!S, CA 10013
(2'3) I'" 8000
(213) IIl1l1600.FAX
LOS ANGELES
NEW YORK
SAN "'ANCISCO
IHANGHAI
SINGAPORE
SYDNey
TOKYO
WASHINGTON, D.C.
BEIJING
BRussas
CHICAGO
DALLAS
FRANKFURT
GENEvA
HONG KONG
LONDON
dpol".ICI"y,eom
(213) .1.....2:1
FOUNDED 18"
April I, 2009
By Fax end V.S.MeU
Henry EmpeIlo, Esq.
City of San Bernardino
Senior Deputy City Attorney
300 North D Street
San Bernardino, California 92418
Rc; Appeal of the PIlIIUling Commission's Denial of Human Potential Consultants'
Annlication for Conditional Use Permit No. 08-21 (Anneal No 08-071
Dear Mr. Empefl.o;
As you know, we represent Human Potential Consultants ("HPC") in the above-
referenced appeal that was heard on Monday, March 16. 2009, at the Mayor and Common
COWlcil Meeting and was continued until the Monday, April G, 2009 meeting. In advance of the
upcoming hearing. HPC is writing to address issues raised by the Council, Option House, and
members oflhe public at the March 16.2009 public hearing.
The City Mat CO.Dlv With Senate Bill 1
The law compels !he City orSan Bernardino to approve HPC's application lor a
Conditional Use Permit ("CUP") to open an emergency shelter serving the needs ofthc City's
overwhelming homeles.~ population. Senate Bill 2 (SB 2), which became effective on January I,
2008, amended both California Housina Element Law and the Housina Accountability Al>1. so lIS
to address the legislature's concern that local governments were inhibiting the development of
emergency shelters on the basis of "Not In My Backyard" (''NIMBY'') politics. SB 2 m"lldates
that local governments evaluate the housing needs of their homeless populations and update their
Housing Elements by designating a development zone where emergency shelters may be
developed by right. I '
Furthennore, under SB 2. the Housing Accountability Act prevents loc:al governments
from disapprovina emeraeney shelters in other permissible land use zones unless one oftive
narrow exceptions is mct.2 In denying HPC's CUP application, the Planning Commission
1 Col. Gov', Code f 6,,.3,
2 Co!. Gov'! Code ~ 65589,5{d).
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SID'LEYI
Hemy Empeno, E~'1.
April I, 2009
Page 2
erroneously asserted that two of the five exceptions were met. California law places a heavy
burden on the City by requiring a showing of substantial evidence in order to prove that anyone
of the exceptions is met. Accordingly, the City may not avail itself of the fifth Housing
Accountability Act exception because the Citr has not adopted an updated Housina Element and
is out of compliance with this aspect of SB 2, .
Additionally, the City may not avail itself of the second Housing AccolDltabiJity Act
cxccption because the proposed shelter poses no "specific, adverse impact upon public health or
safety." 4 To establish that the proposcd shelter would pose a "specific, adverse impact" the City
must demoDS1rate that there are "significant, quantifiable, direct, and unavoidable impact(s],
based on objective, identified written public health or safety standards, policies, or conditions as
they existed on the date the application was deemed complete.'" The City may not rely upon
speculative conjectures about threats posed by homeless individuals on parole or probation as
evidence of a "specific, adverse impact." Moreover, even if the City could meet its burden of
showing that the proposed shelter were to pose an "adverse impact, .. such an impact can be
"satisfactorily mitigate( d].,,6
CODCel'Da Raised Bv ODtioD Hoaae CaD Be Mitiated Satiafaclorilv
While HPC laud.~ the City for being sensitive to the community concerns raised by
Optiou House at the March 16, 2009 hearing. such COJlcems do not excuse the City flum its legal
obligation to approve the emergency shelter CUP, HPC fully supports the mission of Option
House.and its long-standing commitment to victims of domestic violence. HPC is strongly
committed to developing community partnerships with service organizations like Option House.
Tn fact, Dr. Gomeu Newcombe, the CEO and co-founder ofHPC, has attempted to reach out to
Option House to discUlls ways in which the two organizations can collaborate so as to better
serve the community. In an emaiI dated March 30, 2009, HPC contacted Velda Griffin, the
ExQCutive Director of Option House, 10 request an opportunity 1.0 meel.. HPC has since contacted
Option House via telephone to follow-up on the March 30,2009 email, Hopefully. a meeting
between IIPC and Option House will have occurred by the next City Council meeting on April 6.
2009.
3 The project is Minconsistent with both the jurisdiction's zoning ordinance aDd general plan land use designation as
specified in IlIIY elem_ of the cenenl plllll as it existed on Ihe dale the application was deemed complete, and the
jurisdiction hu odoplOd a revisod houainl element." Cal. Gov't Code f 6'589,'(d)(') (emph.... oddcd).
. The project would have a "specific, adverse impac:1 upon the public health or safely, and lbere is no feasible
method to satistilctorily mitigare or avoid the specific adverse impact without.. ,renderingtbe development of the
emergency shelter financially inf...ible." Cal. GOY'! Code fi 6H8!1.S(d)(2),
, Cal. Gov't Code f 6SS89.'(cl)(2).
. Id.
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Henry Empeilo, Esq.
April I, 2009
Page 3
Unfortunately, however. in letters written to the Common Council and Mayor on March
II, 2009 and March 12, 2009, Option HOllse attempts to frame the present appeal as a zero-sum
scenario. According to Option House, if the City grants HPC's CUP application, then the City
will be condoning domestic violence and will give credence to the allegation that "[fjleeing from
family violence is nul as importanl as rehabililatin& the lives Ofpel]letralors offamily violence.',7
Not only is this view short-sighted. but also it ignores obvious facts. HPC has never indicated
that it will be rehabilitating perpetrators of family violence. Rather, HPC seeks to house the
overall homeless population, which includes the physically III1d menially disabled. the
unemployed, and citizens recovering from substance abuse, not just persons on parole or
probation. It is important to recognize that parolees and probationers only represent 8 subset of
the homeless population. An even smaller subset uf the homeless population is cumprised uf
those parolees and probationers who may have committed actJl of domestic violence in their pa.'It,
Therefore, by encouraging the City to deny HPC's CUP, Option House is fbcusing the City's
attention on a small portion of the homeless population that >>PC has never even indicated it
would actually house.
As stated above, to establish that the proposed shelter would have a "specific, adverse
impact upon the public health and safety," the City must have fOlUld "significant, quantifiable,
direct, and Wl8voidable impact[s] bued on objective, identified wriuen public health or safety
standards. ~Iicies, or conditions as they existed on the date the application was deemed
complete." The concerns expressed by Option House do not provide those objeotive impacts
that the City needs. In short. Option House is stating that HPC's proposed shelter "might" house
a person who "might" have abused a woman who "may" reside at Option House and who "may"
pass by HPC's proposed shelter and who "might" c:onftont her abuser. These subjunc:tive and
speculative concerns are one of the main rC8sons that SB2 was enacted - to prevent NIMBY
attitudes frum invading local decision-making.
Additionally, HPC has repeatedly explained that it is committed to serving the people of
San Bernardino, HPC will hire staff from within the commlUlity and will only provide shelter
and services to homeless individuals frum San Bcnwdino. Ac:cordingly, HPC will be housing
and rehabilitating those individuals who arc already Hving on the otreet.~ nf the City, f'COl'le with
whum residenl$ uf Optiun Huus" ,",an ,",um" fllC"-Iu-fac" "v"ryday. TII" hUIl1"I,,~~ uf Sall
Bernardino huddle at night on street comers, sleep on city henehes, and take refuge in
encampments at Seccombe Lake. Such individuals are already in the immediate vic:inity of
Option House and its residents. HPC's proposed shelter will provide housinll and programmatic
.ervic:cs to these homeless individuals thereby addressing the m01"C serious threat that unstable
street life poses to the residents of Option House.
7 Se. March II, 2009 Letter from Protima Pandey of' Option HolISe to Mayor Morris and the City Council,
· Govt, Code t MSX9,5(d)(e)
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Henry Empeiio, Esq,
April I, 2009
Page 4
Asidc from its gcneralized assertions, Option House has only identified a singlc, concrete
i~~ue po~ed hy the proposed shelter. In its March 12, 2009lener Option House suggests that
"[t]hc new problem that [HPC's] facility would cause is that there is no way for us to know if a
[domcstic violence] pcIJlCtrator is being housed there." While this concern does not rise to the
level anticipated by the Legislature, HPC respectfully acknowledges the issue and welcomes the
opportunity to work with Option House to develop screening procedUl'ellto ensure that HPC's
c1ient.~ would not interfere with Option House's "safety transfers." Therefore, this "problem" is
easily mitigated through collaboration and is not a "significant, quantifiahle, direct, and
unavoidablc impact" upon public health or safety as required by CaI, Gov't Code ~
65589.5{d)(2).
HPC is not asking the City to choose between its proposed shelter and the victims of
domestic violence served by Option House. Instead, HPC is encouraging the City to facilitate
the development of relationships between organizations li1ce Option House and HPC who seeIc to
a.'ISi~t the underserved homeless and abused populations in the City. One homeless shelter does
not preclude another.
me Has A ProDertv laterat And An lava_enlla The North Sierra Wav Sile
HPC has a significant monetary stake in the present appeal and will likely be unable to
find another suitable location to develop a homeless shelter within the City if the CUP is d~ed.
Option House and members of the public have suggested that because HPC is a for-profit
company it should be able to find another location to site its homeless shelter. Such an assertion
is misinfonncd and ignores the suhstantial investment that HPC ha.~ in the North Sierra Way site.
Firsl, HPC would like to clarifY misconceptions about its for-profit status. Dr.
Newcombe made the decision to co-found HPC as a for-profit company because it enables her to
have more control over operations and because it bener positions HPC to obtain government
funding. Despite the fact that the wmpany is structured as a for-profit entity, any profits derived
from government contracts are fixed and result from HPC's very strict adherence to !lpecific line-
item budgels lIS mlll1daled by each contracl. HPC is cOmmitted to its mission to provide stable
housing, life training, and employment services to thosc individuals who have fallen through the
cracks of government systems. Therefore, HPC's for-profit status is not an indication that it is
any less committed to rehabilitating the same underservedpopulations that many non-profits,
like Option House, serve.
Second, HPC has already invested a substantial amount of time and money into the CUP
for the Nonh Siena Way site, which it will DOt be able to recoup if the City wrongfully denies
the CUP application. HPC's application for the CUP was deemed complete on May, 27, 2008,
nearly a year ago. Since that time, the City has repeatedly delayed and continued its decision-
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Henry Empei1o, Esq.
April 1, 2009
Page 5
making on the CUP,o To this date, HPC is stiD awaiting the City Council's decision on its
appeal. As a result of the City's delays, HPC has lost funding streams that it was unable to
secure because the CUP was not finaIi7.ed. Furthermore, HPC has invested over $50,000 in rent,
architect fees, and the cost of the CUP iL~elf,
Third, it is lIIlreasonable to suggest that HPC should be able to lirid another sheller site in
the City. HPC chose the North Sierra Way site because the existing church structure has unique
characteristics that will enable H:PC to easily and effectively retrofit the buildina into an
emergency shelter. In contrast, sites available in the Industrial Light (lL) overlay:zone
designated by the City's Urgency Ordinance are inadequate and do nol share these unique
characteristics. Approximately 90% of all of the sites in the overlay district IlR: unavailable for
emergency shelter development because they do not comply with the l,ooO-foot public transit
&"top distance requirement and the 500-foot separation requirement from existing single-family
homes and other uses. None of the remaining IL sites have existing structures that could be
converted into an emergency sheller. HPC would have to engage in costly new wnslruction in
order to develop an emergency shelter on one of the sites. HPC simply cannot afford to develop
a new site within the City.
Up(; Will Secure )'undiDa' When '''he CUP Ja Annroved Bv Tbe City
At the March 16, 2009 hearing the City asked a number of questions about HPC's
funding sources. Because the CUP for the North Sierra Way site has not yet been approved.
HPC has been unable to secure government contracts to fund services at the site. As soon as the
City approves the CUP, HPC can then move forward to apply for funding. Therefore, HPC
cannot yet identify what the exact sources of funding for the site will be. However, HPC hereby
gives the City its assurance that it will he willing to share infonnatlon about its funding of this
proposed site as soon as the CUP is approved and fundina is secured.
Additionally, the City should note that HPC's well-positioned ability to secure state and
federal llovernment funding will enable HPC to run the proposed shelter without requesting any
funding fioom the City. HPC's proposed shelter will henefit the citi?.en. of Son Bemardino at no
cost to the City. Therefore. the City can use Community Development Block Orant (CDBO)
funding or funding fioom the Economic Development Agency to fund additional shelters. This
will enable the City to comply with SB 2's mandate that it address the annual and seasonal
housing needs of its burgeoning homeless population.
9 cur No. 08..21 was first set em the Planning Cnmmis...ion's agenda on Septemher 1'. 2008 and was lwic:c:
conlinued before Ibe PIluminI Commwion issued its deaiaI on November 5, 2008. Followinllbe denial, HPC tiled
an _Jication for appeal to the Common Council on November 20. 2008. and was not placed on Ibe Common
CounciPs calendar until Man:b 16,2009 at which time the City Courn;il again continued the matter UDtil April 6,
2009.
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Henry Empcil.o, Esq,
April I, 2009
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HPC's Proiects Receive Wide Civic SUDDort
On March 26, 2009, HPC opened the A&W Adult Resource Center in Lynwood,
California, witll Aide Castro, Mayor Pro Tem of Lynwood and Councilmember, participating in
the official grand opening and ribbon-cutting ceremony. The openinll of tile A&W Adult
Resource Center has generated suppon among City. County, State and Federal officials. In fact,
both State Assemblyman Curren D. Price, 51st District and Chair of the Governmental
Organization Committee, and Los Anaeles County Supervisor Mart RidJey-'lbomas, Second
District, bave issued statements supporting the new facility. Additionally, Congresswoman
Linda T. Sanchez IIwwed HPC with II "Certificate of Special Congressional Recognition" in
honor ofHPC's contribution to the community of Lynwood. Enclosed is a copy of the
Congressional Recognition Certificate. This type of civic suppor! is funher evidence ofHPC's
commiunenllo the communities that it serves.
As discussed above. the City is required by California law to approve HPC's application
for a CUP to develop an emergency shelter. The City cannot meet its heavy burden of providing
. substantial evidence to suppon any of the exceptions under the Housing Accountability Act.
Furthermore, any community concerns raised by the Common Council, Option House, and
members of the public can be successfully miliaated. Thus, the City has a legal obligation to
approve IIPC's above-referenced appeal. HPC looks forward to addressing any additional
concc:rns allhe April 6, 2009 hearinll.
Sincerely,
cc: Mayor Patrick J. Morris; Cily Councilmembers Esther Estrada, Dennis Baxter, Tobin
Brinker, Chas Kelley, Rikke Van Johnson, Wendy McCammack; Terry Rahhal, City
Planner
Enclosure
LAlIS16UOv,2
Received 04-01-2009 01 :320m
FrOll-Sidley
To-CITY OF SAN BERNARDI Pa.e 007
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T o-C' TV OF SAN BEIlIIARD' P.... DDS
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HUMAN
POTENTIAL
CONSULTANTS
"Your !..ink to a Better Future"
.Iun~ 19. ~Ollll
De\ dopmt"ntal Services Department
300:'o<orth "0" Street
San Ikrnardino. CA 92418-000 I
Sl iB.lFCT:
Background on Human Potential Consultants and Analysis of the
Proposed Adult Homeless and Resource Center
ABOl:T CS
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Estahlisht"d in 1997. lIuman Potential Consultants. LLC IHPC) is C<.'I"i lied by Ih~ I. S,
Small Busin<.'ss .\dministralion as a Small Disad\antag~d Busin~ss and Sla) "inn: the
State ,,(California Small Business and Los Angeles Count)' Small l3usin~ss [Ilkrpris,'.
Hcadqllarlers in Carson. CA. HPC was originally founded as an "alt~rnatilc resoilr~c" t;tl'
the On~-Step Ccnt<.'rs throughout Los Angeles County, As a r<.'sult of an imp~ccdble
r~plltation throllghollttht" nation tor building local economies through 1t1l1g-tccnc ,Illhs
II ith,n the communities where their rt"spectivt" projects arc located. HPC b~gan III "'pand
II1ltt Ilk' r~alm of managing worktorce centered projects and olltplacem<:nt 5<:1'\ ices ktr
di'placcd employees: administrative support stalling s<'l'\k<:s: and adult educatillnal ;I,ld
,)CC upational residelllial centers.
Sl\J:\.IARY DESCRIPTION OF PROGRA.VI
The proposcd Adult Hllmekss and Resourc<: ('~I1l<.'r should Ilot hc cllnt'uscd I\ith ,I ..!ru!,-'
U\:almcnll)1' drug r<.'hahilitation c~nlcr. ()n th~ oth~r hand. thc .\dult I h'll1ck',s al!d
I{~:-'\llll\:": C\,.:nt.....r is a n.:sidcl1rial training and l.'mploYIllI.'IH oprixtuni(.\ that ,kJdr....:1...,....:; the
l11ultiple han'icl's llt' cl11plo)nient c\pcricnccd by adlllls, 1\ h,) i:l~k ,'JIIC:llion ;111.1
\\ll..'ali\ljl~d skill...,
III'C', ,\dult I 1\) nh: Ie", :lnd R,,'s'turc~ CCIll~1' ,hall Pl\l,lidc a c,"np":h,'n,jl " ""1',','1'
IIc\o:Illpl11Cnt '~l'\i~.:s III rcsidents including a,ad"'ll1ic. sllci;tI and ind~l'clldcnllilillg
:-;kills. f..:ar~~r r....adilll".,s~ Iraini'ng and uthl..'r suppurti, ~ sl..'nil:I..'s. The lir;lqth..' amalgal11;ltjtlll~
o
500 Harson Plaza Drive, Suite 127 . (arson, CA 10146 . T.i31O)756-1560 . F.1310)l56.1562 . info@hpcemployment.org
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HPC :\llaJ~ sis \)f rhl;;' Pmpos~d Adult Hlll11d~ss & R~sourct: Cl;;'lltl;;'f
Pag~ .2
6 Iq 2008
of career oriented services are tailored to each resident's nccd: the skill mixture shall
allo\\ each resident to maintain a job,
The Ct"nter shall provide the following services in a drug free environment:
. Social. employability and living skills training:
. Career counseling and other support services. which are tailored to each resident's
need:
. Academic enrichment. which prepares residents for long-term sustainability in
today's labor market.
The Center shall provide care and supervision to adults (18 - 59 years of age) on a long-
term basis (up to 6 months on continual residency),
ADUL T HOMELESS AND RESOURCE CENTER OPERATIONS
The Center will consist of 16 total employees of whom six or st"ven will be case
managers and/or administrative employees working the usual Monday _ Friday 8:00 am
to 5:00 pm workday, The remaining nine employees will work three shitis a day to
supporlthe 14-hour operation,
SECI:RITY
Access to the lobby will be tightly monitored and controlled by staff An intercom with
an enunciator shall be provided to notify staff that someone is waiting.
The dormitory areas will be constantly monitored, Exterior door alarms will be provided
to pn:vent the entrance and exit of anyone.
T t"chnologically advanced security cameras shall monitor the entire extt"rior parameters:
additi'L)nallighting will illuminate the exterior,
Il\TAKE, REGISTRATION AND ENROLLME:\'T
Tht" number ofrcsidems shall not exceed 56 at an~ one time and allre,idents \\ill be
dropped-off and picked-up by means of HPC"s transportation department. :\0 rc'sid<:ms
shall be permined to arrive or depart via their 0\111 v<:hicle,
The C<:nter shall p<:rform a compr<:hensive intakt" evaluation on all aspiring r<:sid<:nts. If a
r<:sident is not deemed prepared for intensin: academic cnri<:hmcnt. th<:y shall diswntinue
their p.lrticipation.
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HPC :\nalysis of the Propos~J Adult Hom.:h:ss & R.:sourc.: C~nt.:r
P~lg~ 2
6 j92u08
DOR:\IITORY
TABLE I
D C r
ormlton' on 'JjluratlOns
Individuals per room Sq.Ft per Room Size
Individual
2 people in a room SO 70
3 people in a room 30 90
4 people in a room (dormitory style) 27,S 110
Typical living quarters will provide adequate number of functional. c1~an. full service
bathrooms such as: toiletslurinals (I: I 0); sinks (I: I 0) and showers ( I :20), A recr~ational
room for studying. writing, reading and viewing television shall be provided,
Acc~ssible living quarters shall be provided to persons with a disability in accordance
with the Americans with Disabilities Act.
KITCHEN/DINING
A c~ntral kitchen and dinning facility will provide meals and snacks for residents. The
.lining room will b~ furnished with round tables intended to encourage family-style ~ating
and interactions.
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Effective: lIov.....r 2.'5. 2008
1 ORDINANCE NO. IIC-l29O
2 AN URGENCY ORDINANCE AMENDING AND EXTENDING ORDINANCE NO.
MC-U88, "AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO
3 AMENDING SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE)
SECTION 1'.OZ.05O, 1'.08.OZo, TABLE 08.01. AND ADDING CIIAPI'ER lUG-E,
4 EMERGENCY SHELTER OVERLAY DISTRICT...," AMENDINGSECI10N 19.116.020,
TABLE 06.01, MODIFYING THE AREAS DESIGNATED "'Intu; THE EMERGENCY
5 SHELTER OVERLAY DISTRICT. DECLARING THE URGENCY THEREOF, AND
TAKING EFFECT IMMEDIATELY.
6
7 The Mayor and CommoD CODDCD of the City of SaD BeraanUao do ordabl . foIlows:
8 WHEREAS, Section 4O(z) of the City Charter vests the Mayor and Common Co1lllc:il with
9 the power to make and enforce all laws and regulations with rcspe..1 to municipal affairs, subject only
10 to the restrictions and limitations provided in the Charter or by State law; and
11 WHEREAS, Sections 31 and 121 of the City Charter provide for the adoption ofan urgency
12 ordinance for the immediate preservation of the public peace, health, or safety if passed by a two
13 third's (2/3) vote of the Council; and
14 WHEREAS, Government Code Section 65858 provides that for the purpose of protecting the
15 public safety, health, and welfare, the legislative body of a city may adopt, without following the
16 procedures othCJWise required prior to the adoption of a zoning ordinance, as an urgency measure,
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an interim ordinance, by a fourth-fifths (415) vote of the legislative body, 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, effective January I, 2008, Chapter 633, Statutes of 2007 ("Senate Bill 2")
amended California Government Code Section 65583 to require local governments to amend their
General Plan Housing Element to identifY a land use zone wherein emergency homeless shelters are
a pennitted use without a conditional use permit or other discretionary permit; and.
WHEREAS, Senate Bm2 amended Government Code Section 65589.5(d) to provide that
a local agency shall not disapprove a land use application for an emergency shelter within any zone,
or conditionally approve a land use application for an emergency shelter within any zone in such
manner as to render the project infeasible, unless it makes written findings, based upon substantial
f:IEMPENOIOnIin_lEmoracncy Shell<r Ordinance 11-25<<, wpd
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1 evidence in the n:cord as to one of five (5) findings; and
2 WHEREAS, finding number five (5) under Government Code Section 65589.5(d) provides
3 the exception that:
4 The...emergency shelter is inconsistent with both the jurisdiction's zoning ordinance
5 and general plan land use designation as specified in any element of the general plan as
6 it existed on the date the application was deemed complete, and the jurisdiction has
7 adopted a revised housing element in accordance with Section 65588 that is in
8 substantial compliance with this article.
9 WHEREAS, finding number five (5) is subject to the further requirement that the exception
10 is not available if the local agency has failed to identify a zone or zones wherein emergency shehers
11 are allowed as a permitted use without a conditional use pennit or other discretionary permit; and
12 WHEREAS, through the adoption of an urgency ordinance amending the City of San
13 Bernardino Development Code which identifies a ~ne or ~nes where emergency shelters are
14 allowed as a permitted use without a conditional use or other discretionary permit, the City will be
15 in substantial compliance with the above described exception pursuant to California Government
16 Code Section 65583(a)(4)(O); and
17 WHEREAS, SenateBiI12 recognizes that legislative bodies, prior to the adoption ofarevised
18 Housing Element in compliance with Senate Bill 2, may adopt a zoning ordinance which identifies
19 a zone or zones where emergency shelters are allowed as a permitted use without a conditional use
20 permit or other discretionary permit, and thus n:cognizes that the adoption of said ordinance may
21 constitute substantial compliance with Senate Bill 2; and
22 WHEREAS, the City of San Bernardino Development Code clll'relltly includes emergency
23 homeless shelters in the category of social services with residential components, which are allowed
24 as a conditionally permitted use City-wide in several residential and commercial land use districts
2 5 and throughout the IL, Industrial Light land use district with such conditions that do not render such
2 6 projects infeasible for development; and
27 WHEREAS, the City of San Bernardino, in a variety of locations, currently has several
28 existing emergency shelters which provide in excess ofJOO beds for the homeless. In addition, the
,
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1 Salvation Anny's 124-bed ycarround homeless shelter for men is currentlyunderconstruction at 363
2 South Doolittle Road, and the application for another Salvation Army I SO-bed homeless shelter Cor
3 families and children at 92S W. 10th Street, is currently under review by the City (see list of service
4 providers attached as Exhibit A to the Staff Report for Ordinance No. MC-1288 and which is
5 incorporated herein by reference); and
6 WHEREAS, on May 19, 2008, the City of San Bernardino retained a consultant, The
7 Planning Center, to update the General Plan Housing Element. The Planning Center has extensive
8 experience with housing clement preparation and the certification review process with theCalifomia
9 Department of Housing and Community Development (HeD). The City's Request for Proposa1s
10 issued on January 2, 2008, specifically stated that an update of the City's General Plan Housing
11 Element in compliance with Senate Bill 2 was needed, among other requirements. The City's
12 contract with The Planning Center specifically listed the requirements of Senate Bill 2 in the Scope
13 of Work, including an identification and analysis of the needs of homeless persons and families in
14 the City of San Bernardino as required by Senate am2; and
15 WHEREAS, as identified on HCD's wcbsite as of November 7, 2008, no city out of the 24
16 cities in the County of San Bernardino and no city out of the 24 cities in the County of Riverside has
17 adopted and received HCD certification of a revised Housing Element; and
18 WHEREAS, in spite of significant budget cuts and the loss ofnwnerous employees, the City
19 of San Bernardino has made substantial progress in complying with the requirements of Senate Bill
20 2. The Preliminary Draft of the revised Housing Element is expected from The Planning Center in
21 November 2008; and
22 WHEREAS, the Mayor and Council recognize that Senate Bill 2 requires that the City's
23 General Plan Housing Element must include land use zones which will provide sufficient
24 opportunities for new emergency shelters to meet the need identified in the consultant's analysis; and
25 WHEREAS, the Mayorand Council find that the existing emergency shelters, theemergcncy
2 6 shelters under construction, and the new emergency shelters proposed for construction, together with
27 opportunities for development of new emergency shelters in the residential, indUSlrial, and
28 commercial land use districts with the approval of a Conditional Use Pennit, and the adoption of this
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1 Urgency Ordinance, which will permit new emergency shelters with approval of a nondiscretionary
2 development permit within the CH, Commercial Heavy, and IL, Industrial Light, Land Use Districts
3 in various locations of the City, will provide sufficient emergency shelters to meet the needs of the
4 homeless in the City of San Bernardino in the interim, until a revised Housing Element in full
5 compliance with Senate 8i112 is adopted by the City; and
6 WHEREAS, at the Council meeting on October 20, 2008, the Mayor and Council
7 unanimously, with a 6-0 vote of the Council, adopted Ordinance No. MC-1288, "An Urgency
8 Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code (Development
9 Code) Section 19.02.050, 19.08.020, Table 08.01, and adding Chapter 19.10-E, Emergency Shelter
10 Overlay District to permit emergency shelters with approval of a building permit within areas of the
11 IL,Industrial Light, Land Use District lying South 00"' Street, East ofWatennan A venue and North
12 ofCentraJ Avenue, declaring the urgency thereof, and taking effect immediately." ~ No.
13 MC-1288, and the Request for Council Action, Staff Report, Exhibits, and other documents and
14 testimony previously submitted to the Mayor and Council in support of said Ordinance are hereby
15 incorporated herein by reference; and
16 WHEREAS, at the Council meeting on November 17,2008, the Mayorand Counci1 received
17 information from The Planning Center Consultant on the revised Housing Element regarding
18 emergency shelters and the requirements of Senate Bill 2; and
19 WHEREAS, the Mayor and Council need additional time to study and detenninewhelherthe
20 areas of the City designated by this Urgency Ordinance within the Emergency Shelter Overlay
21 District should be modified; and
22 WHEREAS, the above-stated recitals and the Staff Report to this Ordinance are hereby
23 adopted as the written report issued by the Mayor and Council pursuant to Government Code Section
24 65858, which describes the measures taken to alIeviate the condition which led to the adoption of
25 the previous urgency ordinance; and
26 WHEREAS, notice of the public hearing for the Mayor and Council's consideration of the
27 proposed Urgency Ordinance was published in The Sun newspaper on November 15,2008, as
28 required by Government Code Section 65858.
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F:IEMPENOIOnIinancalEmcraenoy Sheller Ordinance 11-2S.()8,......
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1 WHEREAS, the Mayor and Common Council make the following findings of a current and
2 immediate threat to the public health, safety and welfare as required by California GovcnunCllt Code
3 Section 65858:
4 1. The City of San Bernardino has sufficient emergency shelters, transitional and supportive
5 housing facilities in existence as "grandfathered" uses under prior versions of the Development Code.
6 It also has numerous low-income housing developments and govcnunent subsidized housing
7 facilities which lower the threshold of the transition from homelesaness to sheltered. .
8 2. As a consequence of the recent housing crisis and of previous housing crises, the City of San
9 Bernardino has experienced a history of housing atTordability relative to other communities which
10 has facilitated the location in San Bernardino or sufficient emergency shelters, transitional and
11 supportive housing facilities that accommodate six (6) or fewer unrelated adults and are not therefore
12 subject to regulation by the City.
13 3. Because of the systemic hostility of other regional entities to the presence of homelcss
14 persons, the City orSan Bernardino is in the same posture as downtown Los Angeles in tcnns of the
15 disproportionate supply of shelter and service providers across the region that has led to a
16 disproportionate concClltration of homeless persons in the City of San Bernardino. There exists a
17 confusion as to the needs of the San Bernardino homeless, the regional homeless who migrate to San
18 Bernardino, and the national homeless for whom San Bernardino is a warm weather stop.
19 4. The concentration ofhomelcss persons in the City of San Bernardino, including the mentally
2 0 ill and those suffering substance abuse, is detrimental to their rehabilitation in that they have
21 developed in some instances, and have become part ofinfonna\ but enduring networks that support
22 their illness against the efforts of the local institutions for their rehabilitation.
23 5. The improper location of emergency shelters in all parts of the City orsan Bernardino. at this
24 time of economic crisis in the housing market, will facilitate the entrenchment of land uses in such
25 manner as to further perpetuate the disproportionate distribution of services across the region and
26 will ii1 fact serve to accelerate the processes Senate Bill 2 seeks to defeat.
27
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F:IEMPENOlOnlinllll:CSlEmaJcnc:y Sheller Ordinance II_~, wpd
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1 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO DO ORDAIN AS FOLLOWS:
3 SectiOD 1. The Mayor and Common Council find that the above-stated Recitals are true
4 and hereby adopt and incorporate them herein.
5 Seetloa 2. Ordinance No. MC-1288 is hereby amended and extended as provided herein.
6 SeetiOD 3. San Bernardino Municipal Code (Development Code) Section 19.02.050.
7 Definitions, is hereby amended to add the definition of "Emergency Shelter" to read as foIlows:
B 19.02.050 DEFlNmONS
9 EmergeDey Shelter. As used in Government Code Section 65582, 65583, and 65589.5
10 (Senate BiII-2), and as defined in Health and Safety Code Section 50801(e), "emergency shelter"
11 means housing with minimal supportive services for homeless persons that is limited to occupancy
12 of six months or less by a homeless person. No individual or household may be denied emClQlency
13 shelter because of an inability to pay. Emergency shelters shall be occupied only by homeless
14 persons unable to pay for housing. Facilities occupied by individuals who pay for their housing or
15 whose lodginglhousing is paid for by others shall not be permitted as emergency shelters. Also
16 referred to as a "homeless shelter", "homeless facility", or "social service center with a residential
1 7 component."
18 SecdoD 4. San Bernardino Municipal Code (Development Code) Section 19.06.020,
19 Table 06.01 Commercial Districts List of Permitted Uses, and Section 19.08.020. Table 08.01
20 Industrial Districts List of Permitted Uses, is hereby amended to allow Emergency Shelters as a
21 permitted use, requiring a Development Permit Type I in the Emergency Shelter Overlay District in
22 the CH, Commercial Heavy, and n., Industrial Light, Land Use Districts pursuant to Development
23 Code Chapter 19.10-E. see Exhibits A and B, attached hereto and incorporated herein.
24 SectiOD 5. San Bernardino Municipal Code (Development Code) Chapter 19.10-5.
25 Emergency Shelter Overlay District, is hereby added to read as shown on Exhibit C. attached hereto
26 and incorporated herein. Attached and incorporated herein as Exhibit 0 are reference maps showing
27 the areas of the City designated within the Emergency Shelter Overlay District.
28 SeetloD 6. Pursuant to the requirements of Senate Bill 2, the Mayor andConunon
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1 Council hereby direct the Development Services Department to implement a program to amend the
2 City's ~ning ordinances to meet the requirements of Government Code Section 65583(a)(4)(A)
3 within one year of the adoption of the City's revised Housing Element of the General Plan.
4 Seetion 7. This Ordinance is based upon the recitals and findings set forth above, and
5 the accompanying Staff Report and its attachments to this Ordinance, and is adoptecipursuant to the
6 authority granted to the City of San Bernardino in Anicle 11, Section 7 of the California
7 Constitution, and Sections 31, 4O(z), and 121 of the Charter of the City of San Bernardino and
8 Califomia Government Code Section 65858.
9 SectIon 8. Pursuant to Sections 31 and 121 of the Charter of the City of San Bernardino
10 and Government Code Section 65858. this Ordinance shall take effect immediately. This Ordinance
11 shall be of no further force and effect 10 months and I S days from its date of adoption unless
12 extcnded by action of the Mayor and Common Council.
13 Seetio.9. Compliance with the California Environmental Quality Act The Mayor and
14 Common Council finds that this Ordinance is not subject to the California Environmental Quality
15 Act (CEQA) pursuant to Sections IS06I(b)(3) (the activity will not result in a direct or reasonably
16 foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not aproject
17 as defined in Section IS378) of the CEQA Guidelines, California Code ofRcgulations, Title 14,
18 Chapter 3, because it has no potential for resulting in physical change to the cnvironment, directly
19 or indirectly.
20 Seetio.l0. Severability. If any section, subsection, subdivision, sentence, clause or
21 phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or
22 ineffective by any court of competent juriidiction, such decision shan not affect the validity or
23 effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and
24 Common Council hereby declares that it would have adopted each section irrespective of the fact that
2 5 anyone or more subsections, subdivisions, sc:ntcncc:s, clauses. or phrases be declared
26 unconstitutional. invalid, or ineffective.
27 III
28 III
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9 COUNCIL MEMBERS:
10 ESTRADA
11 BAXTER
12 BRINKER
13 DERRY
14 KELLEY
15 JOHNSON
16 MC CAMMACK
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AN URGENCY ORDINANCE AMENDING AND EXTENDING ORDINANCE NO.
MC-I188, "AN URGENCY ORDINANCE OF. THE CITY OF SAN BERNARDINO
AMENDING SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE)
SECTION 19.01.050, 19.81.010. TABLE 08.!!z AND ADDING CIIAPI'ER 19.1G-E,
EMERGENCY SHELTER OVERLAY DISTRI\,;T ...," AMENDING SEC'l10N 1'.16.010,
TABLE 06.01, MODIFYING THE AREAS DESIGNATED ~.1I111'1 THE EMERGENCY
SHELTER OVERLAY DISTRICI', DECLARING THE URGENCY THEREOF, AND
TAKING EFFECI' IMMEDIATELY.
7
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
adjourned
Council of the City of San Bemardino at a joht r8llUlar mcctingthcreof,heldonthe 2StJday
8 of Nov....ber
. 2008, by the following vote. to wit:
AYES
NAYS
ABSTAIN ABSENT
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The foregoing Ordinance is hereby approved this :U. ~ day of NoveBer , 2008.
"'T..t:.. Ce.~ - -
Tobin Brinker, Mayor Pro T....
City of San Bernardino
Approved as to fonn:
lAMES F. PENMAN
City Attorney
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110-1290
INDU8l'RIAL DISI'RIcrs - 1!1.C1I
EXHIBIT B
o
CHAPI'ER 19.08
INDUSTRIAL DlSTRlcrs
19.08.020 PERMI1TED, DEVELOPMENT PERMI1TED AND
CONDmONALLY PERMI1TED USES
The followiDg list represcnllI those primary uses in the manufacturingliDdusttiaJ ZODing disaiClS
which are Permitted (P). subject to a DevelopmeDl Permit (D) or a Cooditiona1 Use Permit (C):
TABLE 08.01
INDUSTRIAL DlSTRlcrs USI' OF PERMITrEDUSES
Me 888 12/6/93
LAND USE AC11VITY CH OIP IL m IE
1. AccelIlOI)' III'UcIUreIIuIe lWicIllY appuneaant to a D D D D D
priIII:ipally pcrmi1IallaDd use lIClivily;
2. AllriculluraJ Production-c:rops; D D
3. AgriculluraJ Services; D D D
0 4. AssembIlnJ, c:leaninJ. manu1ilcCurinJ, ProceslIing. D D' D D
I repairiDa or IeSIiIJI of produClS ;""hldi"l au&llIIlDtive
n:labld (except dilIInmttIirl&)1IIll WIllding IIIll ellCluding
explo8ives. "OWocted ealirely wiIbiD an eacloled
Illr'Ul:lure eEept for ICJeeDad lIlIldoor SlOI'lIllC areas;
S. AssembIlnJ, cIeanin&, 1J'I'ftI.filmlling. processiug. repair D D
of producls, research. stonge. Ie81iDa or Il''''''-Il' 1aJJd.
uses (except explo&ives) with a ponion of lbe opellllion
(odw !ban .......e) oc:curriJJs OUllIlde of lbe eacloel
struclun::
A. Oulside 1aJJd. uses in lbe cn IIIll DI dislrictB wiIbiD C C
IS!) feet of a ~11and use districI;
6. COllC_ baIch planta, processing of minerals IIIll C C
&ggn:gal: IIIll Olber n:lated land uses. not including
eXlraClion activities;
7. Crematory; D D D
8. DwelJiD& unit for a full-time security guard IIIll family; D D D
9. Educational Service. includinll day care; D D D C
10. EmeJ'2eJICY Shellers OZ ~
0 11. Enu:rtainmellllRecn:aliooa Uses:
~1290 INDUSTRIAL DISTIUCTS - 19.08
LAND USE ACTIVITY CR OIP n.. IR IE
0 A. Adult EIIIerllIinmImt C C
B.Auditoriums, Conveodoo HaIJs and 1'bcalr:rs C C
C. Miscellaneous Indoor; and D C D D
D. Miscellaneous Oullloor C C C C
12. Financial; D D
13. Fuel Dealers; C C D
14. Funeral ParlorsIMonuaries; D D D
IS. Gaso1iDe Service Stations; D D D
16. HeliponslHelipads; C C C C C
17. Impound Vehicle Storage Yards (with or without lOwing) C C D
18. Membership orpni7Arioos, including n:liaiouJ facilities, D D D
meeting balls, and fralemallodges;
19. MiDinglExtraction, including auregare, coal, gas, metal C
and oil;
20. Mobile Home Dealers (sales and service); D D D
21. OfticesIServices (lIdmini.ttaIive and proCessionaJ); D D D
22. Outdoor COI1lrICIOr's, lumber. and rental yards and D D D D
storage areas for bui1ding supplies;
0 23. Ouldoor HorlicullUJ'al Nurseries; D D D D
24. Parking Lots; D D D D D
25. Personal Services; D [)l [)l
26. PipeIiDea (As defiDed by SecIioa 19.2(1.03O[12][E] or as C C C C C
superseded by S1ate or Fedenllaw);
27. Public utility uses, dislI'ibulion and lI'aDsIIIissiou D D D D D
sublIlaIlons and coomn.nic:ation equipment Sll'UClUIes;
28. PublisbincfPrinting P1an18; D D D D
29. Rai1road Yards; D
30. Rccycq Facilities; (In compIianc:e with Section
19.06.030[2](p])
31. Researcb and Develllplllellt. including laboratories; D D D D
32. Retai1 Commercial; D [)l D'
33. Salvaae and Wrecking (dismantling) yards; C C
34. Salvaae and WreckiDg Facilities (COJq)letely within an C C C
enclosed structure);
35. Social Service Centers; C'
0
JlC-1290 INDUSTRIAL DIBI'RICTS - IUS
LAND USE ACTIVITY CH OIP II. m IE
0 36. Swap Mecls; e e e e
37. TowiJJ& Servil:ea; D D D
38. TranIpOrtalionIDisttibution; D D D
39. Truck Stops; C C
40. Veterinary ServiccsfAnimal BoInIiIl&; D D
41. Warebousina IIIlI WboIesaIing, incIudina self-service D D D
miDi-storage; IIIlI
42. Other
A. Antennas, Satellite IIIlI Vertical; D D D D D
B. C""'ningIJanilOrial; D D D
e. Copy CeatmIPCJsIaI Service CentenIBIueprint; D D D
D. Eques1rian Trails; P P P P P
E. FenceslWaIIs; D D D D D
F. PolicelFire Protection; D D D D D
G. SiDg1e-Family ResideDliaI p p p p P
(Existing - Me 823 312192); IIIlI
H. T~ Uses (Subject lD [11 Temporary Use T T T T T
Permit)
I Except 8UIO reIalM.
0 2Permia1ed in the EmeJa"...f Sbeller Ovedav DiIIrict. JlIUIUaDt lD CbIDter 19.10-5.
'IneicIenraI lD a primary ue,lIIlI COIIllIiued wid1lD a primary Ill'UCluIe (15" IIIIX.).
'Commission recoJlII.leuds lD CouncD for finaJ detenninalion.
Other simlIar uses which the Director finds lD fit wilbin the plll]lose/inlelll of the _, in compliance
willi Section 19.02.070(3).
//1
1/1
o
1IC-1290
EMERGENCY SHELTER OVERLAY DISTRICf -IUG-E
o
EXHIBIT C
CHAPTER 19.10-E
EMERGENCY SHELTER OVERLAY DISTRICT
19.10-E.O!O PURPOSE
The DUIIlOSe of this chapter is to provide for areas within the CII, Commercial Heavy and IL,
IDdusttia1 Liabt IaDd usedistric:ls as ref'lll.......,d in Table 06.01 of ~ 19.06 and Table 08.01
of n.~ 19.08, where emeqeacy sbeIaers. in aa:ordaDce widl Gewe......... Code Sec:doa
6SS83. are a1lowed witbout a ...-!itinDaJ use oermit or ocber clisc:.cau.....J' oermiL Deoo....bi.ojf
the Deed for available IIId affordable sites for csIIIbl............ of cmaaeDtY sbeIaers ouIIide Ihe
traditiooal 100 ~rions in C6mdle..~iaI distric:Is. the Emeraeucv Shdter Overlay DiIlrict provides
several areas wiIbiD the CII lIIIII n. distric:Is fbr DeW er.-_y> sbeIIas to be ioreaa~ widl
<<~....~.cia1 mI Iiabt iodustria1 UlIeI mI eadfrInor social servica throu...... the City. TIle
IJW'DOSC of the do!lri_~ bouDdaries (lIleI of 1IltlIic;abQy) is to ........oh-... die 1X~...41..1 for
PI'OVision of aDCIleDtY sbeIter and SUDDOrt serviI:es lbrouabout the City of San BcmantiDo.
o 19.10-E.02O APPLICABILITY
The Emeraencv Shelter Overlay Disuic:t shall appJy to CII. Commercial Heavy and n..1Ddus1ria1 .
Liabt IIIId use districts as SDeCified in ..4.......... IJIIIJlI aOOoted widl the Emeracoev Shelter
Overlay Dislrk:t llIII1lV1ilab1e in the I)evd(w._.~.t Services Deae.bud. AIlIaDd use JellIlIlItinn$
IIId dcYeLNulAlt """..dArds fbr ...._._.~cIalllld iII4uIIrial UlIeI as IDCCffied in n._ 19.06111d
19.08 shall remain in etrect. TIle effect of the Emer""'.;y Shelter Overlay DiIlrict sbaU be to
defiue the lIleI of appIjc:abllity where cmerJlC&Y sbeIIen sbaU aIao be ~ widl Dh.......
lIPP1'OVlIl, llIII1 to add RCDeI'I1ll1111 SIl"dfil: deveI.........t standards for emel'1eDtY sbcIters within
Ihe CH IIId n. IaDd use districts.
19.10-E.03O GENERAL PROVISIONS
1. Emeraeacv sbe1ters Ioc:ared witbin the EmerlleDCV Shelter Overlay District sba11 be
develoDed aud 0Dented acc:ordina to the laud use 1'elEUIatioDs. dcvekl.-.~" SIaDdards aud
desip auideliDes fur Ihe CII and IL Districts. as lIJIPlicable. as well as Olapter 19.10-E.
2. Emeraeucv sIIe1ters sba11 be 1lCmIiIted widl the lIIlProval of a ~ Permit Type 1
within !be EmerllCDCY SbeIter 0verIav District as SPeCified in Table 06.01 of CbaIll!r
19.06111d Table 08.01 ofCbaprer 19.08.
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1IC-1290
EMERGENCY SHELTEIl OVERLAY DISTRICf -l9.1I-E
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1. 1he fDUowimr ..--rds .1.11 8DDlv 10 ~IN_.vft of I!n\r..~._~ ~ within the
):'.... I'GIl AI":Y ~1_ 0verIav Dislrid:
A EMERGENCY ~J.rnl .1ER8
RIIIL"~.~v shdten.. nmvidino b..~__...y bousintr .m SIIDDOI't -t.-:.r.. to ""__1_-
DCBODS. m.JI be nf!I'II'IdfM iIl1he 'P.JIIA...A.l'!V mww 0verJav DiIIIid of the CIl
Q)aUol..-:.. :.J Heaw ..vt n.. ""In..... l.ieJd ...... .. -......... .~ to the ~_Ldl. in
thi. ~ A8 ~.I ~ with. & Lk..~ n....__JA.,hL 1BL,...b.. "'V' ~LD 8Ie .J...
cnnditil1nA11v N!II'IIIifMd in IrNInl 6_..II~..o:.t ..... UII! Ai....,... __ 1h..4i-A.... the n....
IntI.._.1 l.iahl ...... _ ditftir.t 'Ibll inI"-lnor ..........dl, ohooII be _n...d for
devel.....~~~.. or -a..Wilht.vm of ftN>...~_~ ~ in the P~......._~ RIWt... ~
District:
(1) 'Ibll maximum ..".;.w.t """""dv """1\ be 35:
(2) The mayim.... IMath of slav """II be 6 mnnth..
(3) The site """II be """"-110 __ tIum ~ milA &om a NIhI., -.it I;"'"
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(4) AnY DeW or existina: structure DmDOSed for use as 8Il11ftL.... ~--:v JiM1t..r _II meet
C'lIIImt r..liftwnia Rnildino Code reaui.-=--.~".
(5) Off-street narlci_ """II be nrnvitW at a ...nn of""" -.... IlClI' 1.000 _ filet of
RrOSI ftnnr area.. or ftIIlII! ...,.,. fbr ...,.h ~ onb ... ~ tlhift plus OIII!I ..,.
forll!llfl!h - 1q'....~.:.cleDl1lltlnevisia....,.... ~is 11-1 ..
(6) Fc:nciD2 and exterior lipti.... <YVIMnnino to the cIeve/- .........dl, of n....wr
19.20 """'I be I'lllIIlired to """'.... the security of site "",",-.
m A securitv and -- ....of n1.... """II be ftlQuiftld to "'""""- ~_ .........
And ~hilWtv 10 00..... die l!mII.. ......-.;v .....,... in a safe ..... effectiw: mAnRf!f'.
nwlldinD' ~ ..il-I-- ....... . ilJl:n... oftbe foJlowina:
tal F~D liahtino vihn ~n.MBS. and lIlY ntlwrnhvsica1 im._uJr.II'L...b int~~v.d
to DIOVide O1'fID~ ~ for ~ RnII !IbIfF
(b) ~o nl_ i""ludino the aualiA.-atl"". and ft,.m",,,.."hiIitioo. of all 9IJF
""""....... 8IId the m............... DOSid...... of emnI_ on ~ shift,
(e)~""'" and DOlicies for lICIat.ino of ....-n..1 ....,;den!s to idPnrijjr
indivith..I. who should he fP:fb....~ to ~, t.r.Uities.. ..-.....,1.1 care
facili . oIbrr' . law enti
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1IC-1290
EMERGENCY SHELTER OVERLAY DISTRICT -lUO-E
Cd) PIaDs and IlOlicies for daily ooerations and S\I1lC1"Vision of residents;
Ce) Suooort services to be offi:rcd to residen1s. iucJudiDa life stills trainiDa.
counseliDa. referra1 to other service aaenc:ies and job placabe!llll.qj~;
(6 Plaos to coordinate services of !be facility with other homeless service
providers in Sau Bemantino CouDty. to improve !be elfectiveoess of !be
network of .encies servina the bomeJess, COUIItYWide.
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LOCATION MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
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oWopteol: 1104' U 2.5. 2008
EffecU..: Jlayaloer 2.5. 2008
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6
ORDINANCE NO. 11I:-1290
AN URGENCY ORDINANCE AMENDING AND EXTENDING ORDINANCE NO.
MC-l11B, "AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE)
SEcrION 1'-010$0, 19.08.020, TABLE 01.01, AND ADDING CIIAPTEIl 19.1O-E,
EMERGENCY SHELTER OVERLAY DlSTRlCI' ... ," AMENDING SECTION 19.86.020,
TABLE 06.01, MODIFYING THE AREAS DESIGNATED WITHIN THE EMERGENCY
SHELTER OVERLAY DISTRICT, DECLARING THE URGENCY THEREOF, AND
TAKING EFFECI' IMMEDIATELY.
7 Tile Mayor ad CommoD COlI.ell ortbe City 01 SaD Bel1lanllDo do ordaID . lolenn:
8 WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Cowu:il with
9 the power to make and enforce a1llaws and regulations with respect to municipal affairs, subject only
10 to the restrietions and limitations provided in the Charter or by State law; and
11 WHEREAS, Sections 3 I and 121 of the City Charter providefor the adoption of an urgency
12 ordinance for the immediate preservation of the public peace, health, or safety ifpassed by a two
13 third's (2/3) vote of the Council; and
14 WHEREAS, Government Code Section 65858 provides that for the pwposeofprotecting the
15 public safety, health, and welfare, the legislative body of a city may adopt, without following the
16 procedures otherwise required prior to the adoption of a zoning ordinance, as an urgency measure,
an interim ordinance, by a fourth-fifths (415) vote of the legislative body, 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, effective Jan\18ly I, 2008, Chapter 633. Statutes of 2007 ("Senate Bill 2")
amended California Government Code Section 6SS83 to require local governments to amend their
General Plan Housing Element to identifY a land use zone wherein emergency homeless shelters are
a permitted use without a conditional use permit or other discretionary permit; and.
WHEREAS, Senate Bill 2 amended Government Code Section 65S89.S(d) to provide that
a local agency shall not disapprove a land use application for an emergency shelter within any zone,
or conditionally approve a land use application for an emergency shelter within any zone in such
manner as to render the project infeasible, unless it makes written findings, based upon substantial
F:IEMPENOIOnli_\Emcracncy Sheller OI1linance 11-25-G8,wpd
11I:-1290
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1 evidence in the record as to one of five (5) findings; and
2 WHEREAS, finding number five (5) under Government Code Section 65589.5(d) provides
3 the exception that:
4 The...emergency shelter is inconsistent with both the jurisdiction's zoning ordinance
5 and general plan land use designation as specified in any element of the general plan as
6 it existed on the date the application was deemed complete, and the jurisdiction has
7 adopted a revised housing element in accordance with Section 65588 that is in
8 substantial compliance with this article.
9 WHEREAS, finding number five (5) is subject to the further requirement that the exception
10 is not available if the local agency has failed to identify a zone or zones wherein emergency shelters
11 are allowed as a permitted use without a conditional use permit or other discretiomuy permit; and
12 WHEREAS, through the adoption of an urgency ordinance amending the City of San
13 Bernardino Development Code which identifies a zone or zones where emergency shelters are
14 allowed as a permitted use without a conditional use or other discretionary permit, the City will be
15 in substantial compliance with the above described exception pursuant to California Government
16 Code Section 65583(a)(4)(D); and
17 WHEREAS, Senate Bill 2 recognizes that legislative bodies, prior to the adoption ofarevised
18 Housing Element in compliance with Senate Bill 2, may adopt a zoning ordinance which identifies
19 a zone or zones where emergency shelters are allowed as a permitted use without a conditional use
20 permit or other discretiomuy permit, and thus recognizes that the adoption of said ordinance may
21 constitute substantial compliance with Senate Bill 2; and
22 WHEREAS, the City of San Bernardino Development Code currently includes emergency
23 homeless shelters in the category of social services with residential components. which are allowed
24 as a conditionally permitted use City-wide in several residential and commercial land use districts
2 5 and throughout the IL, Industrial Light land use district with such conditions that do not render such
26 projects infeasible for development; and
27 WHEREAS, the City of San Bernardino, in a variety of locations. currently has several
2 8 existing emergency shelters which provide in excess of 300 beds for the homeless. In addition, the
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F,IEMPBNOlOrdi_\Emorpncy Shd... Ordinance It .2SoOI,wpd
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1 Salvation Anny's 124-bed year round homeless shelter for men is currentlyuncier construction at 363
2 South Doolittle Road, and the application for another Salvation Anny I 5O-bed homeless shelter for
3 families and children at 925 W. 10th Street, is currently under review by the City (see list of service
4 providers attached as Exhibit A to the Staff Report for Ordinance No. MC-1288 and which is
5 incorporated herein by reference); and
6 WHEREAS, on May 19,2008, the City of San Bernardino retained a consultant, The
7 Planning Center, to update the General Plan Housing Element. The Planning Center has extensive
8 experience with housing element preparation and the certification review process with the California
9 Department of Housing and Community Development (HCD). The City's Request for PropoSl1s
10 issued on January 2, 2008, specifically stated that an update of the City's Genera1 Plan Housing
11 Element in compliance with Senate Bill 2 was needed, among other requirements. The City's
12 contract with The Planning Center specifically listed the requirements of Senate Bill 2 in the Scope
13 of Work, including an identification and analysis of the needs of homeless persons and families in
14 the City of San Bernardino as required by Senate Bill 2; and
15 WHEREAS, as identified on HCD's website as of November 7, 2008, no city out of the 24
16 cities in the County of San Bernardino and no city out of the 24 cities in the County of Riverside has
17 adopted and received HCD certification of a revised Housing Element; and
18 WHEREAS, in spite of significant budget cuts and the loss of numerous employees, the City
19 of San Bernardino has made substantial progress in complying with the requirements of Senate Bill
20 2. The Preliminary Draft of the revised Housing Element is expected from The Planning Center in
21 November 2008; and
2:1 WHEREAS, the Mayor and Council recognize that Senate Bill 2 requires that the City's
23 General Plan Housing Element must include land use zones which will provide sufficient
24 opportunities for new emergency shellers to meet the need identified in the consultant's analysis; and
25 WHEREAS, the Mayorand Council find that the existing emergency shelters, the emergency
26 shelters under construction, and the new emergency shelters proposed for construction, together with
27 opportunities for development of new emergency shelters in the residential, industrial, and
28 commercial land use districts with the approval ofa Conditional Use Permit, and the adoption of this
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F:IEMPENOIOnIinan<CI\EmcrJcnc:y ShcJtcrOnlinanc:e 11.2~.wpcl
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0 1 Urgency Ordinance, which will permit new emergency shelters with approval of a nondiscretionary
2 development permit within the CH, Commercial Heavy, and IL, Industrial Light, Land Use Districts
3 in various locations of the City, will provide sufficient emergency shelters to meet the needs of the
4 homeless in the City of San Bernardino in the interim, until a revised Housing Element in full
5 compliance with Senate Bill 2 is adopted by the City; and
6 WHEREAS, at the Council meeting on October 20, 200S, the Mayor and Council
7 unanimously, with a 6-0 vote of the Council, adopted Ordinance No. MC-12SS, "An Urgency
8 Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code (Development
9 Code) Section 19.02.050, 19.0S.020, TableOS.OI, and adding Chapter 19.10-E, EmergencyShe1ter
10 Overlay District to permit emergency shellers with approval of a building permit within areas of the
11 IL,Industrial Light, Land Use District lying South of3M Street, East of Waterman Avenue and North
12 of Central A venue, declaring the urgency thereof, and taking effect immediately." Ordinance No.
13 MC-12SS, and the Request for Council Action, Staff Report, Exhibits, and other documents and
14 testimony previously submitted to the Mayor and Council in support of said Ordinance are heRby
0 15 incorporated herein by reference; and
16 WHEREAS, at the Council mcetingon November 17, 2008, the Mayor and Council received
17 information from The Planning Center Consultant on the revised Housing Element regarding
18 emergency shelters and the requirements of Senate Bill 2; and
19 WHEREAS, the Mayorand Council need additional time to study and determine wbetherthe
20 areas of the City designated by this Urgency Ordinance within the Emergency Shelter Overlay
21 District should be modified; and
22 WHEREAS, the above-stated recitals and the Staff Report to this Ordinance are hereby
23 adopted as the written report issued by the Mayorand Council pursuant to Government Code Section
24 6585S, which descn"bes the measures taken to alleviate the condition which led to the adoption of
25 the previous urgency ordinance; and
,
, 26 WHEREAS, notice of the public hearing for the Mayor and Council's consideration of the
i
I 27 proposed Urgency Ordinance was published in The Sun newspaper on November 15, 200S, as
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i 28 required by Government Code Section 65S58.
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, 0 F:IEMPENO'OnIinanceslEmcracnc:Y Sheller OnIi_ 11-2S.oa.wpcl
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.,..1290
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1 WHEREAS, the Mayor and Common Council make the following findings of a current and
2 immediate threat to the public health, safety and welfare as required by California Government Code
3 Section 65S5S:
4 I. The City of San Bernardino has sufficient emergency shelters, transitional and supportive
5 housing facilities in existence as "grandfathered" uses underpriorversions oftlte Development Code.
6 It also has numerous low-income housing developments and government subsidized housing
7 facilities which lower tlte threshold of the transition from homelessness to sheltered.
8 2. As a consequence of the recent housing crisis and of previous housing crises, the City of San
9 Bernardino has experienced a history of housing affordability relative to other COIDII\unities which
10 has facilitated the location in San Bernardino of sufficient emergency shelters, transitional and
11 supportive housing facilities that accommodate six (6) or fewer unrelated adults and are not therefore
12 subject to regulation by the City.
13 3. Because of the systemic hostility of other regional entities to the presence of homeless
14 persons, the City of San Bernardino is in the same posture as downtown Los Angeles in terms of the
15 disproportionate supply of shelter and service providers across the region that has led to a
16 disproportionate concentration of homeless persons in the City of San Bernardino. There exists a
17 confusion as to the needs of the San Bernardino homeless, tlte regional homelcss who migrate to San
18 Bernardino, and the national homeless for whom San Bernardino is s warm weather stop.
19 4. Theconcentrationofhomelcss persons in the City of San Bernardino, includingthementa\ly
20 ill and those suffering substance abuse, is detrimental to their rehabilitation in that tltcy have
21 developed in some instances, and have become part of informal but enduring networks that support
22 their illness against the efforts ofthe local institutions for their rchabilitstion.
23 5. The improper location of emergency shelters in all parts of the City of San Bernardino, at this
24 time of economic crisis in the housing market, will facilitate the entrenchment ofland uses in such
25 manner as to further perpetuate the disproportionate distribution of services across the region and
26 will in fact serve to accelerate the processes Senate Bill 2 seeks to defeat.
27
28
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1 NOW TIlEREFORE, THE MAYOR AND COMMON COUNCIL OF TIlE CITY OF SAN
2 BERNARDINO DO ORDAIN AS FOLLOWS:
3 Sedloa 1. The Mayor and Common Council find that the above-stated Recitals are truc
4 and hereby adopt and incorporate them herein.
5 Sedloa 2. Ordinance No. MC-1288 is hereby amended and extended as provided herein.
6 Sectioa 3. San Bernardino Municipal Code (Development Code) Section 19.02.050,
7 Definitions, is hereby amended to add thc definition of "Emergency Shelter" to read as follows:
8 19.02.050 DEFlNmONS
9 Emergeaey Slelm. As used in Government Code Section 65582, 65583, and 65589.5
10 (Senatc BiII-2), and as defined in Health and Safety Code Section 5080l(e), "emergency shelter"
11 means housing with minimal supportive services for homeless persons that is limited to occupancy
12 of six months or less by a homeless person. No individual or household may be denied emergency
13 shelter because of an inability to pay. Emergency shelters shall be occupied only by homeless
14 persons unablc to pay for housing. Fscilities occupied by individuals who pay for their housing 0i-
lS whose lodginglhousing is paid for by others shall not be permitted as emergency shelters. Also
16 referred to as a "homeless shelter", "homeless facility", or "social service center with a residential
17 component."
18 Seclioa 4. San Bernardino Municipal Code (Development Code) Section 19.06.020,
19 Table 06.01 Commercial Districts List of Permitted Uses, and Section 19.08.020, Table 08.01
20 Industrial Districts List of Permitted Uses, is hereby amended to allow Emergency Shellers as a
21 permitted use, requiring a Development Permit Type I in the Emergency Shelter Overlay District in
22 the CH, Commercial Heavy, and IL,1ndustrial Light, Land Use Districts pursuant to Development
23 Code Chapter 19.10-E, see Exhibits A and B, attached hereto and incorporated herein.
24 Seelioa 5. San Bernardino Municipal Code (Development Code) Chapter 19.1O-E.
25 Emergency Shclter Overlay District, is hereby added to read as shown on Exhibit C, attsched hereto
26 and incorporated herein. Attsched and incorporated herein as Exhibit D are reference maps showing
27 the areas of the City designated within the Emergency Shelter Overlay District.
28 Sectloa 6. Pursuant to the requirements of Senate Bill 2, the Mayor and Common
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F:IEMPENOIOnIin"",colE_<y Sbclter OnIi""",,c 11-2~.wpcl
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1 Council hereby direct the Development Services Department to implement a program to amend tl1e
2 City's zoning ordinances to meet the requirements of Government Code Section 65583(aX4XA)
3 within onc year of the adoption ofthc City's revised Housing Element ofthc General Plan.
4 SectiOD 7. This Ordinance is based upon the recitals and findings set forth above, and
5 the 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 Article 11, Section 7 of the California
7 Constitution, and Sections 31, 4O(z), and 121 of the Charter ofthc City of San Bernardino and
8 California Government Code Section 65S5S.
9 SeetioD 8. Pursuantto Sections 31 and 121 oftl1c Charter of the City of San Bernardino
10 and Government Code Section 65S58, this Ordinance shall take effect immediately. This Ordinance
11 shall bc of no further force and cffect 10 months and 15 days from its date of adoption unless
12 cxtended by action of the Msyor and Common Council.
13 SectiOD 9. Compliancc witl1 thc California Environmental Quality Act. The; MS)U and
14 Common Council fmds that this Ordinance is not subject to the California Environmental Quality
15 Act (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or reasonably
16 foreseeable indirect physical change in thc environment) and 15060(cX3) (the activity is notaproject
17 as defined in Section I 537S) of the CEQA Guidelines, California Code of Regulations, Title 14,
18 Chapter 3, because it has no potential for resulting in physical changc to the environment, directly
19 or indirectly.
20 Sectioa 10, Severability. If any section, subsection, subdivision, sentencc, clause or
21 phrase in this Ordinance or any part thereof is for any reason hcld to be unconstitutional, invalid or
22 ineffectivc by any court of competent jurisdiction, such decision shall not affect the validity or
23 effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and
24 Common Council hereby declares that it would hsve adopted each section irrespectivc ofthc fact that
2 5 any onc or more subsections, subdivisions, sentences, clauses, or phrases be declared
26 unconstitutional, invalid, or ineffective.
27 III
28 III
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""12!1O
1 AN URGENCY ORDINANCE AMENDING AND EXTENDING ORDINANCE NO.
MC-1288, "AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO
2 AMENDING SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE)
SECTION 19.02.050, 19.01.020, TABLE 08.01, AND ADDING CIlAPTER lUG-E,
3 EMERGENCY SHELTER OVERLAY DISTRlcr ...," AMENDJNGSECTION 19.86.020,
TABLE 06.01, MODIFYING THE AREAS DESIGNATED \\'..~ TIlE EMERGENCY
4 SHELTER OVERLAY DISTRJcr, DECLARING THE URGENCY THEREOF, AND
TAKING EFFEcr IMMEDIATELY,
5
6
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
. aclioumecl
Council of the CIty of San Bernardino at a jo at regular meetingthereor.heldonthe~y
7
8 of November
. 2008, by the following vote, to wit:
. ~~~~~.
. ~ ~}h~ nllJ$e""
The foregoing Ordinance is hereby approved this :JC..tA day of NoveJlber . 200S.
"t~ c...~ - -
Tobin Brinker, Mayor Pro .TeII
City of San Bernardino
Approved as to form:
lAMEs F. PENMAN
City Attorney
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INDUS'I'RIAL DISTRICl'S - 1'.08
o
EXHIBIT B
CHAPI'ER 19.08
INDUSTRIAL DISTRICI'S
19.08.020 PERMI1TED, DEVELOPMENT PERMITTED AND
CONDmONALLY PERMI1TED USES
The followina list represents those primary uses in tile manufacturingliDdustrial zoning districts
which arc Permitted (P), subject to a Development Pcnnit (0) or a CoDditiona1 Use Pcnnit (C):
TABLE 08.01
INDUSTRIAL DISTRICl'S usr OF PERM1TI'ED USES
Me 888 1216193
LAND USE AC'I1VITY CH OIP II.. m IE
1. An'ellIlOJY IIrUCIIueSIuses lypicalIy appur1I:lIlIDt to s D D D D D
principsl1y permiaed land use aivity;
2. Agricullll1'S1 ProductIon<rops; D D
0 3. Agricul1ura1 Services; D D D
4. AssembIiD&. cleanin&, IlllllUfacturina, procetlina, D D' D D
repairiDg or lIeSIiog of products int!h"'hIa ."tnmnrive
relaled (ClUZpC dismaDtIiD&) IIId weIdiD& IIId e""h"'ing
explosives, .........0I'fed entirely widIin an "llC1osed
SlIUCtUn: except for sc:1eeIIed ouldoor IIllIraJe areas;
5. AsscmbIing, c1canin&, 1DIIIIUfaclurin, processiDg. repair D D
of producls. research, 1IllIraJe, lIeSIiJII or whlllmlr land
uses (ClUZpC explosives) willi a portion of die operadoo
(oIber Ibm 1lOJ'II&e) occ:urring 0UISide of lhe eucloeed
structure:
A. Oulside land uses in lhe CH IIId 1H dislricts wiIbin C C
ISO feet of a residential land use district;
6. COIIC_ batch pISDlI, proc:essiog of minerals IIId C C
aurc&* IIId olher related land uses, DOt including
e.<ll':lioa sctiviIies;
7. cremaiory; D D D
8. DwdJina uuit for a lWl-1ime securily guaId IIId family; D D D
9. Educalional Service, includina dsy care; D D D C
10. Emerxencv Shelters ~ ~
0 11. En1ertSimnentlRecrestiona1 Uses:
.,..12l1O INDUSTRIAL DISTRIcrs - 19.01
LAND USE ACTIVITY CR OIP IL IH IE
0 A. AcluIl Entertainment C C
B. Audiuriuns, CooVClllioo Ha1Is and 1bcaIers C C
C. Miscellaneous Indoor; and D C D D
D. Miscellaneous Ourdoor C C C C
12. Finaucial; D D
13. Fuel Dealers; C C D
14. Funeral ParlorsIMortuarics; D D D
15. GasoIiDe Service Statioos; D D D
16. HeliportslHelipads; C C C C C
17. Impound Vchic1c Srorage Yards (with or withoullDwin&) C C D
IS. Membersbip orpni.Jltinn., iDcludiDa teliaioos facilities, D D D
I1Il:etins bills, and fralemallodges;
19. MqlExtraction, iocluding auregsle, coal, gas, mctaI C
and oil;
20. Mobile Home Dca1ers (sales and service); D D D
21. Oftices/Servk:es (administnlive and professional); D D D
22. Outdoor COIIlI'lIClor'S, lumber. and rental yards and D D D D
stonge aress for building supplies;
I 0 23. Outdoor Horticu1tura1 Nurseries; D D D D
24. Parkins Lots; D D D D D
15. Persooa1 Services; D 1)3 1)3
26. Pipelines (As defiDed by Sectiott 19.20.030[12][EJ or as C C C C C
supelsedW by Swe or FedenIlaw);
27. Public uti1ity uses, distributioa and tr--mi..inn D D D D D
subetatIoas and cornmllni<o..tIon equlpmem structures;
28. PubIisbinglPrintin Plants; D D D D
29. Railrmd Yards; D
30. Recycling FsciIities; (In compliance with Section
19.06.030[2][p])
31. Research and Dcvclopmem. including Iaboralories; D D D D
32. Retsi1 c...........:ial; D 1)3 1)3
33. SsIvap and Wrecking (dismantling) yards; C C
34. SaJvqe and Wrec:ltini Facilities (comp1cle1y within an C C C
enclosed strucIIIre);
10 3j. Social Service Cenrers; C'
""12!1O INDUSl'RIAL DISI'RICTS - 19.08
LAND USE ACTIVITY CD OIP n. m IE
0 36. Swsp Meets; C C C C
37. Towing Services; D D D
38. TransportslionlDistribution; D D D
39. TI1ICIi: Stops; C C
40. Veterinary Servicesf AnimalIloanliDg; D 0
41. WlQ'"hn..oi"ll and WbolesaliDg, iDcludina self-service D D D
miDi-storage; and
42. Other
A. Antennas, SsteIlite lIIId Vertical; D D D 0 D
B. C.....ni"ll/JIIIitoriaI; 0 D D
C. Copy CclIIersIPoscal Service CentmlBIueprinting; D D D
D. Equestriaa Tnils; P P P P P
E. FeDCCSIWaIls; 0 D D D D
F. PolicclFire Protection; D D D D D
G. Single-Family ResidenIia1 P P P P P
(Existing - MC 823 312192); and
H. Temporary Uses (Subject III [T] Temporuy Use T T T T T
PmDiI)
'Except auto related.
0 2Pmuined in the 1l.........."""'" Shelter OverIsv DisIrict. IIUnUaIIl to ChaDIer 19.10-B.
3 1ncidenIa11D a primsry use, and COIIIaloed widIin a primsry IltruCIIIre (IS~ max.).
'Commission reoo....~ 1D Cameu for tiDal determination.
0Iber similar uses which dJe Direclor fmds 10 tit wilhin !be purposelinleDt of !be zones, in coqJliance
with Section 19.02.070(3).
1/1
1/1
o
""12!1O
EMERGENCY SHELTER OVERLAY DISTRICf -IU~E
o
EXHIBIT C
CHAPTER 19.10-E
EMERGENCY SHELTER OVERLAY DISTRICT
19.10-E.OIO PURPOSE
The Il\IlIIOBe of this chapter is to provide for areas within the CH, eo........cla1 HeaVY and IL,
IDdustria1 Lilbt Iaod use distrids as .efe.......d ia Table 06.01 of n..- 19.06 and Table 08.01
of ~ 19.08. where ~" sbeIten. ia _daa..oe widl Go~e.lIiaWoll Code Section
6SS83, are a1lowed witbout a ."wlrinnlal UlIe oermit or other cIitcIetiou..y oermiL R~.;.C
the IIl!:ed for available and aft'onIabIe sites for establithrna.nt of emeraeDtV sbdters outside the
tradirinna1 locations in commercial distticta, the Emeraencv Sbdter Overlay Distric:l provides
severaI area wiab1n the CH and n. distticta for DeW --'\' sIIeIten to be dea.aIlod with
c...... n c;a) and liabt industrial 1IIeS and fl1lal,.. IOCial services tbrou........ the City. The
DUlDOSC of tile df!QG'fttIhIwt bouodaries (area of 8DD1ic1biJity) is to 1llA'1l1.._1.~ die ~d:'1 for
provision of cmeraeDCY shelter and SUDIlOIt services throulltout the City of San BernardiDo.
o 19.10-E.02O APPLICABD..ITY
The Emeraencv Shelter Overlay District sballllDDlv to CH, Commctclal Heavy and IL, lDdustria1
Light land use districts as soecifiecI ia ..4.",- - ~ widl the FmIueocY Sbdter
Overlay Distric:l and llVIiIabIe ia the 1)el,cJ......._.. Services De.-bua4. All land use reaa.....
and dew1oa...-t. sumdanIs for _-cW and iDdusUiIl UlIeS as ~W in ~ 19.06 and
19.08 sball remain in effect. The effect of the Ilmeraeatv Shelter 0verJay Disttict sball be to
dcfioe the area of applicability where eu:temeocV sheltm sba11 also be Del'IIIittId with Director
lIDDfOVlII, and to add aaaal and ~fic ckveklJ.,,,,,.. ........... for emet"ReDCY sIIdters wilbl.J!
the CH and IL land UlIe districts.
19.10-E.03O GENERAL PROVISIONS
1. EmefRIICV shelters located wiab1n the EmerIeflCY Shelter Overlay District sba1l be
developed and 0DeI1Iled &'CCJI'dina to the land use reauIations. develOOo..eul -...lArds and
dcsian ltUideIines for the CH and IL Districts. as SIlPlicable, as well as 0IIDter 19.10-E.
2. Emerllencv shelters sball be oermitted with the lIDOrOvaI of a DeveloDmettr Permit TYDe 1
wiab1n the EmerIencv SbeIter Overlay District as soecificd in Table 06.01 of c-h.;p....
19.06 and Table 08.01 ofCbapter 19.08.
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1IC-12!1O
EMERGENCY SHELTER OVERLAY DISTRICI' -19.18-E
19
1. The followinlz -..d.m. nil 8DDlv to ~"''''.... of ""'~.~.-'V sbeItms within the
J:iL_~ ~--:v~" 0verIav DiItric:t:
A EMERGENCY!i:J.rnT TERS
P.m.. .~lrLV shelters.. nmvidino ~"'..r'"-81V Ivwwi... and IIIDM.lt ~ to m--I-
~.... !dud' be 8E.....j~i ill the FJMA~_'!V ~ 0verIav DiIIrk:t of the CH..
r.iV.,~..~._":.1 Heavv.M n... 1""......... T.ipt t.nd.... di.f.L.t. _~ to thIt ..d....L.... in
thi. ~ As ~.I_..J......... with .--4:..1.. ~~I....Ilft..,,__~..~ IYNil&HlI~ ~.~.are aiM
~tinnallv ~.__:ttAf ill !I!JWftI"........_. 1..1 t.nd .. d.....,... aM 1hr--+"'1be n..
''''''",""I 'i8J't ....... _ dilll'id_ The ibltn...iae _....... ....11 be _.dud h
devel~.lYN or....hli.L-..d offl!lll.oClJolJI(...~........... in the P~~rLV ~Ow.r.Iv
District:
(1) The maximlllll-nthtt ..........,m, ....11 be 35:
(2) The """,im.nn ....."'" of slav ....11 be 6 mnnth...
(3\ The site nil be w.-I DO _ than ~ miL;, from a N.hll" ........at Ii.....
(4) Anv ~ or existina: structure Di:oaosed for use as an &"ftoA.~_-:y ~ __II meet
CUI1'eIIt Oiliflwni. R'IIildino Code reauL~..",w:nk
(5) Off-street lIlII'Ici_ ....11 be nrnvitIM at a ratio of.- .......... Del' 1.000 SGIIIR teet of
IIIOSS 800r -. IX' ..... --- fiIr - .........- OIl the ~ lIhift Dlus 0IIIl ___
for~h..... ~v'Ulll!lWoJ.nlmltbreevi....~ whi..fu:wr.is ~~''':''''a
(6) F~no MId extr.rior li~1HI' &"".m.nuino to the dP.wrJ1tvmuwwt abIndtnwI. of~
19.20 shall be I'IllI1Iinld to """""" the __...tv of site ft'!lIi..........
m A securitv and -- .~d.un ....11 be I'IllI1Iinld to .t..mnn_ __ .......
And l'!tINIhilitv to ~... the ~---..v shelter in a sale .... efftx:tNe nll8lu~...
ind1vtin.. ~~ .~:n.w of tile foJlowina:
(al F~8 liohtino video ...-..~as. suvf anvntlwr DbYsical ~ iJlhl!l-W
to omvide 01' f!II~ -...1I'itV for ~rn And ..fl".
(b) ~ffmo ot-n- i~ll1di1W' the QI..li~t1nn. and f'11HnVWtC11tilitM. of all staff
members and the number IIId DOSitioas of""""........... on - ""ift:
ee) JIror-h..... """ nnlici... fIX' ..""...i.,.. of nntenti..1 residents to idowi1;r
individl..l. who ehnuId be .And to ~, tBdllti.. 1~:''''''d,.1 care
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EMERGENCY SHELTER OVERLAY DISTRICl' -IUG-E
Cd) Plans and oolicies for daily ooerations and SUDet'Vision of residents:
Ce) Support services to be offered to residents. including life stills pining.
counselina, refer!'al to other service aaeocies and job pIaccment ,ui_""-e:
(0 Plans to coordinate services of the facilitY with other homeless service
providers in San Beroardino CouulY, to improve the effectiveaess of the
network of aaeocies servina the homeless, countYWide.
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LOCATION MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
Area 1
Exhibit D-1
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PLANNING DIVISION
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exhibit D-3
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MAILING ADl>RISS
1'0 Box 970
Son .B~'nQ,.d""o, CA
92402.0970
Ph"".: (909) 383-1602
FtI%; (909) 889-7312
BO"RD OF
DJ'R.ECTORS
DiGm And.r,rOh.
RUI)"i"lf ChUd",
/(a,hryn &vi"
S"rah HarrisDn.
'Veall'tce Jews .
William Loflg
Paulo Mclemo,.e
Ma", Par'"
rot;"",l'cwk)'
oherl Saenz
Mary Textira
mber V,mtl.,. H~l
Xtcutiye.Dircctor
elda Griffin
.....ProfiL SOI(C)(J)
Tax ExempU
9S.J16tJ212
] ~adoAS ~ Tax
Deducdble
i:sir au 011 drI wb ta:
.Opt;onIJm,,$c.~
.
Ut"'tiDOd'--y
Kecelvea:
9513682550
Mar 1l lUUa 11:J~am
ICLS RIVERSIDE
PAGE 02/04
RECEIVED-CITY CLERK
Op~ion House, Inc. ,ZSO'I1AR 12 . .
rfltervDrliOII fIIUI PNvttlltion SBVU:U ,,4gIUlCJI PI1 ,. So
813 NortIr "D" Stnet. Ste. 3. Sail Bellardillo, C4 92401
VIA FAX ONLY
Marcl11l"' 2009
Mayor Pa1rick Morris
Membets of the City Council
City of San Bernardino
300 N. "0" Street
San Bernardino, CA 92418
Re: APPEAL OF CONDITIONAL USE PERMIl' NO.08-21 FOR 840 N. SlEKRA WAY,
SAN BERNARDINO; HEARING DATE: 3/1612009
Honorable Mayor Morris and Respeclled Members oftbe City Counci~
I am writing to request a continuance of the hearing on the above-mentioned appeal so that
the voices of opposition from Option House are heard by the counciL The Executive
Ditector of Option House, Velda Griffin IIId me, the Vice-President of the Board of
Directors at Option House, are scheduled to meet with Assemblywoman Carter and
Senator McLeod in Sacramento on 3/16/09 to taIIc: about budget cuts affecting victims of
domestic violence in San Bernardino.
California Partnership to End Domestic Violence (CPEDY) manges these meetings once a
year for shelters to connect directly wi1h elected representatives and this year lhe meetings
are going to focus on the nUd in Sacramento to keep local citizens in mind when making
tough decisions on allocating funds and cutting back funds. This is the OIlly cl1l111ce Option
House has to be heard in Sacramento and to garner support for the worlc we do to end
violence in our commun ity lIDd make Sill Bemazdino a safe place for families.
Unfortunately, March 16& 2009 is also the day when the city council for Sail Bernardino
will hear the appeal on denial of conditional use permit No. 08-21 and I strongly
recommend denial of the permit for the facility.
W"ile we at Optioa House s..pport the work tot tile facility propolCli to do, we
stroagly feel that the proposed locatiOD ia lUI5DitabJe lor thD type of f'aeiJity.llI
particular, tIIu facility is gOiDg tel be prec:ariouly close tel a sbelter for domestic
violeace victims aad their fllJllilies that ba$ provided a safe-b_ for Seeing "ioleace
in the home for .1m0lt tIIirty (30) yean iD t"e city of San Beroardmo.
The sbelter is operated by OptiOJlHoase u.d is tbe only shelter ofits kind i. a 40-mile
radius.of....e city of Sa. BelDardillO. As a reslllt of operatillg this sbelter, Option
House bas bee. able to _ u a SI!C:lU'e, safe aDd reliable resolln:c for those
sarv;von ud families of domeatie violeaee wIIo waut to eDd the c:yde of abuse and
begin a new life bere ill tbe city of San Bernardino.
Together, We ATe Making A Difference
SB/'IIUIg BatrBrBd Women t>1Hi Childr", Sine,; J977
/lgt-ltl/a J:te...
-#2f
"3/ IIJ/ 0'1
03/12/2009 10:26
.'
lII"ILING ADDRESs
PO Bo:c 970
SO" Bf/7rl11'di"o, CA
92.102-0970
Pho",,: (909) 383-1602
Fax: (909) 889-7312
BOARD OF
DIRECTORS
Dl"l14 Anderso"
R..yli.g C",",,,#
Kmn"," Mi.
Saran Harri&on
Vstmoics Jews
Willio", Long
Paula Mcl.emore
MOly POI'ks
Proti",a PQ1tdt:)1
Robrn Soe""
ary T~Jttira
mber Yandor Relll
ecutive Director
f/<k1Gri/li"
on-Profil SO\(C)(J)
""" Excnlpl ~
95-3760212
I Donationn.. Tox
DocIuClibtc
UU w em the web ar:
Wlf.opf'itmhoJLf4,orr
.
U"'ili:lCO'~
Necelvea:
9513682550
liar It lUU::t I' ..:Ioam
ICLS RIVERSIDE
PAGE 03/04
Option House, Inc.
IlItD'11elltiolllllld Prr:vmtUJn Services Agellcy
813 No"" UD" Strut, Ste. 3, Sa" &muuditro, C4 92401
Page 2
To place a facility housiDg parolees, SOllIe of whom may be pa-pe1rators of domestic
violence on parole from. the sentence for abusing their MUieS, will directly threaten the
safety of the vel)' victims who fled the crimes committed by potential rc.sidents of the
proposed facility. I would like to voice in particular my CODcerns for the following:
A) Vally iDcrease the cJuauces of jeoparcliziDg saldy of Dill' resideats aDd their
childrell;
B) Tile lac:k of ..y other siDol.r f.cility for domestie violeace victillUl ill the city of
Saa Beraarcli.ao leaviag victillUl witb choosing to stay ill a violeat home or leave to go
f.r from tlleir childrell'. ichool, their s.,port system, their jurisdictioa for family I....
eases., etc.;
C) The poteatW cll.il1i.g e8'eet OD future victims aDd families 'll<bo W.llt to fIH
violeace b1lt are afnid that ~ey lOigbt ellcoullter- "'e very abDser they fted from if
tloey move to ollr shlter aDdlmow th.t the proposed facility is operatiag Dcarby;
D) Tile iIlcrellSe ill crime statistics ill the city of Saa BeraantiDo falulting hm fewer
lSmilies asillg our !aciDly aad services due to its safety CODteras;
E) The mesll8ge ....t the city collDcll "illend out if the pel'lllit is grukd- FleeiDg
from Family Violmce is not .. ilDportaDt as rehabilitatillg the lives of perpetnton of
falIIiJy vioIuee.
I have a more exhaustive list of CODCCnl$ that I will be able to voice if pettDitted to have a
hearing. As a practicing attorney representiog low income victims of domestic violence, it
is my experience and opinion that fleeing family violeDce, seeking assistance to break the
cycle of abuse and approaching ageacies like Option House for help are Dill easy choices
for victims to make. H....e WUlt to ....ke the city of Saa BemardiDo . place where
&mi6es know their safety aDd security .re priorities to the govenaillg lDembers oftloe
city od to the elected representatives of the city, tbe coulldllDust deDY the graat of
tile pel'lllit for r_as th.t tlte locatioll of the raaliiy wiD chiU . 3O-year effort at
eDdiag violeDte ill our commuDity.
Wlule for-profit agencies, like the one seeking the pennit, have the option to seek another
IocBtion within the city more suitable for the proposed facility, Option House cannot go
anywhere. If the permit wen: to be granted at the location above, our residents' safety will
be jeopardized and they will return Of remain in the vel)' enviromnent that potential
residents of the proposed facility committed the crimes that they are 01\ parole for.
Together, We Are Making A Difference
SlI'Ving Barrel'ed WO"'''" tIJId ChildrUl Si7u:e J 977
03/12/2009 10:26
.-
MAILlI'lC 4DDRESS
PO B"" 970
Sa" &"nal"dino, CA
92402-0970
Ph.,.,,: (909) J8J-1602
Fta: (909) 889-7312
BOARD OF
DIRECTORS
DiGfff! Anderso"
Ru..vIi'1( C'-g
K"'h~." Ervi.
Sarah HQ1',.i.1on
V,a'rice Jtw$
Willi.", L01l$
Paula McLemore
rOlima Pa~
ohm Saenz
ary Tu,w
mho, Vander H.u/
xeeutive Director
.lda Griffi"
N n-Prollt SOI(C)(3)
Tax Exempt II
95-3760212
A DonationsmTu:
.Deductible
U""~CI ""u
ru:a.:t:IVCU.
9513682550
IIIdl ,,'VV"' 11."gGRI
ICLS RIVERSIDE
PAGE 04/04
Option House, Inc.
IIIIU1JeIlliDII _d P,evenJitJ" Suvicu Agmcy
813 North *D" Street, St& J, Stili BemardbuJ, C4 92401
Page 3
For these and related rea500s that can be better voiced at a hearing. I strongly urge the
council to vote against grantins the CODditiODaI use permit and deny the appeal in the
interest of continuing to work towards providing safe havens for families fleeing domestic
violence.
This will Dot cmly 1Ie1l~ the riglat message to the residents of our historic: city but will
also let the COIIlDlunity know that we a.... stiJI a city "'.e.... &miIies eome first.
If the council allows a continuance of tile bearing on 3116/09, Velda Griffin and me will be
present before the council at its next meeting on 416109 and testifY to these and other
questions that the council may have while detennining the outcome of the appeal.
Thank you for putting families first in the city of San Bernardino. We hope fOJ' a favol'llble
outcome to the appeal- a denial.
Respectfully,
~~eY
Attomey At Law
Vice-President,
Board ofDiI'ectors,
OptiOD House Inc.
Together, We Are Making A Difference
Serving Batter.d WO""" and Chiltb-UI Si"", 1977
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
~
Date: February 20, 2009
Subject: Conditional Use Permit No. 08-21
(Appeal No. 08-07) - Appeal of the Planning
Commission's denial of a Conditional Use Permit
to convert an existing 6,747 square foot church
building into a 56-bed homeless shelter with
related support facilites and office space located at
840 North Sierra Way in the RM, Residential
Medium land use district.
MCC Date: March 16,2009
From: Valerie C. Ross, Director
Dept: Development Services
Synopsis of Previous Council Action: None
Recommended Motion:
That the hearing be closed and that the Mayor & Common Council deny Appeal No. 08-07 and
uphold the Planning Commission's denial of Conditional Use Permit No. 08-21, based on the
recommended Findings of Fact.
Alternative Motion:
That the hearing be closed and that the Mayor & Common Council grant Appeal No. 08-07, declare
an intent to approve Conditional Use Permit No. 08-21 and continue the matter for two weeks to
consider Findings of Fact and Conditions of Approval.
WwVu.~
Valerie C. Ross
Contact Person: Amn Liang, Senior Planner, ext. 3332 Pbone:
384-5057
Supporting data attacbed:
Staff Report
Ward:
I
FUNDING REQUIREMENTS: Amount: N/A
Source:
(Acct. No.)
Account Description:
Finance:
Council Notes:
Agenda Item No.
;).'1
3- /'-oCf
-
_.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACflON
STAFF REPORT
SUBJECT: Conditional Use Permit No. 08-21 (Appeal No. 08-07) - Appeal of the Planning
Commission's denial of a Conditional Use Permit to convert an existing 6,747
square foot church building into a 56-bed homeless shelter with related support and
office space located at 840 North Sierra Way in the RM, Residential Medium land
use district.
OWNER:
Faith Temple AP Ministries
840 North Sierra Way
San Bernardino, CA 92401
909.215.8683
APPELLANT:
Garnett Newcombe
Human Potential Consultants, LLC
500 East Carson Plaza, Dr. No. 127
Carson, CA 90746
310.756.1560
Backuound:
The appellant is appealing the Planning Commission denial of Conditional Use Permit (CUP)
No. 08-21 to convert an existing 6,747 square foot church building into a 56-bed homeless
shelter with related support and office space located at 840 North Sierra Way in the RM,
Residential Medium land use district (Exhibit 1 - Location Map).
Ibis project was originally scheduled for review by the Planning Commission on September 16,
2008. The item was continued to October 21, 2008 to allow time for staff to address the issue of
Senate Bill 2 (SB2) compliance raised by the applicant.
At the Planning Commission Meeting of October 21, 2008, the Planning Commission opened the
public hearing and received public testimony on the subject matter. After a lengthy discussion
including comments from the City Attorney's Office, San Bernardino Police Department, several
concerned citizens, supporters of the projects and the applicant, the Planning Commission closed
the public hearing and Commissioner Munoz made a motion to deny Conditional Use Permit No.
08-21 and continue the item to November 5, 2008 for adoption of findings and final action.
Commissioner Mulvihill seconded the motion, which carried unanimously with Commissioners
Coute, Durr, Heasley, Mulvihill, Munoz, Rawls and Sauerbrun voting to deny the project.
Commissioners Hawkins and Longville were absent.
On November 5, 2008, the Planning Commission considered Findings of Fact prepared based on
information presented to the Planning Commission and comments and conclusions of the
Planning Commission during the public hearing. Commissioner Munoz made the motion to
adopt the Findings of Fact and deny Conditional Use Permit No. 08-21. Commissioner Heasley
seconded the motion, which carried with the votes of Commissioners Durr, Heasley, Munoz,
Rawls and Sauerbrun. Commissioners Longville and Mulvihill voted against the motion.
Commissioners Coute and Hawkins were absent. All reports and findings presented to the
- Planning Commission are attached as Exhibit 2.
Conditional Use Permit No. 08-2 j (App",,1 No. 08-0"/
Hearing Date: March 16, 2009
Page2or2
The applicant filed Appeal No. 08-07 (Exhibit 3) on November 20, 2008, to request that the
Mayor and Common Council overturn the decision of the Planning Commission. The Appeal
application states that the Planning Commission action to deny the appeal conflicts with Federal,
State and local laws, including the State Housing Accountability Act and State Housing Element
law. The Appeal application is supplemented by a letter from Remy De La Peza of Public
Counsel Law Center dated November 26, 2008 (Exhibit 4).
A fmal set of Findings of Fact for denial of CUP No. 08-21, prepared by the City Attorney's
office, is attached as Exhibit 5.
Financial ImDact:
No impact. The appellant paid applicable processing fees.
Recommendation:
Staff recommends that the Mayor & Common Council deny Appeal No. 08-07 and uphold the
Planning Commission's denial of CUP No. 08-21. An alternative motion is also provided.
Attachments:
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Location Map
Staff Report and Memoranda to the Planning Commission
Appeal No. 08-07
Letter dated November 26, 2008 from Public Counsel Law Center
Findings of Fact
'-
EXHIBIT 1
CITY OF SAN BERNARDINO
LOCATION MAP
PLANNING DIVISION
HEARING DATE: 03/16/2009
PROJECT: Conditional Use Permit 08-21 (Appeal 08-07)
NORTH
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EXHIBIT 2
'---
CITY OF SAN BERNARDINO
Development Services Department - Planning Division
Interoffice Memorandum
TO:
Planning Co~ission /J !?
7':vr'~~
Terri Rahhal, Deputy Director/City Planner
FROM:
SUBJECT:
Agenda Item 2: CUP No. 08-21 - Human Potential Consultants
DATE:
November 5, 2008
COPIES:
Valerie C. Ross, Director; John Wilson, Senior Assistant City Attorney
The attached Findings and Conclusion were prepared based on the evidence presented to the
Planning Commission at the public hearing on October 21, 2008 and the written record
consisting of the materials submitted to the Commission by the applicant, City staff, and
members of the public.
Recommended Motion: That the Planning Commission (I) deny Conditional Use Permit No.
08-21 based on the evidence presented to the Commission at the public hearing held on October
21, 2008 and the written record consisting of the materials submitted to the
Commission by the applicant, City staff, and members of the public, and (2) adopt the Findings
and Conclusion prepared on the basis of that evidence.
,
Attachment: Findings and Conclusion
"-
CITY OF SAN BERNARDINO
PLANNING COMMISSION
FINDINGS AND CONCLUSION OF THE COMMISSION
IN THE MATTER OF CONDITIONAL USE PERMIT NO. 08-21
Proposed for adoption at regular meeting of November 5, 2008
(Matter continued from regular meeting of October 16, 2008 for adoption of findings)
FINDINGS AND CONCLUSION
Based on the evidence presented at the public hearing and the written record consisting of
the materials submitted by the applicant, City staff, and members of the public, the Commission
finds:
1. BACKGROUND FACTS
1.1 The applicant seeks a Conditional Use Permit for an Adult Education,
Employment and Residential Center. The applicant states that the occupants of the facility would
be homeless individuals.
1.2 Abutting the proposed project site to the north, west, and south of the site are
residential properties in the Residential Medium land use district. Directly across the street from
the site are single-family residences in the Residential Medium-High district.
1.3 There are currently ten existing homeless shelters in the City of San Bernardino
and two mare under construction. Existing facilities provide 265 beds. Space for another 164
beds is under construction.
1.4 On October 20,2008, the Mayor and Common Council of the City of San
Bernardino enacted an urgency ordinance establishing within the City the Emergency Shelter
Overlay District. The Overlay District consists of a designated area within the Industrial Light
land use district in which emergency shelters are allowed as a permitted use without a conditional
use permit or other discretionary permit.
2. PROJECT REVIEW STANDARDS
The applicant asserted before the Planning Commission that its proposed project was
required to be reviewed under the provisions of California Government Code section 65589.5,
subdivision (d). Those provisions limit the ability of a local agency to deny approval for a
proposed "emergency shelter."
.-
1
'-'
The Commission finds that the proposed project, described by the applicant as an Adult
Education, Employment and Residential Center (AEERC), does not share the characteristics of
an emergency shelter as set forth in California Government Code section 65582 and California
Health and Safety Code sections 50801 and 50801.5, in that:
2.1 Spaces at the AEERC would not be filled on a first-come-first-served basis,
by admitting any person needing emergency shelter who requested admission. Instead,
prospective residents would be required to have a referral source to enroll at the facility. In
addition, potential residents would be screened for suitability based on their ability to benefit
from an intensive training program.
2.2 The AEERC would not provide minimal supportive services for homeless
persons, but would instead require participation in a full curriculum of educational activities for
which not all individuals seeking emergency shelter would qualify.
2.3 Occupancy of the AEERC would not necessarily be limited to six months but
rather, according to the applicant, an extension could be allowed, on case by case basis.
3. PUBLIC SAFETY CONCERNS
3.1 The Commission finds that it is likely that many or all of the occupants of the
AEERC would be individuals on parole or probation. The San Bernardino Police Department
advised the Commission that the resident population of the applicant's similar facility in the
Riverside area consisted entirely of parolees and probationers.
3.2 The Commission further finds that there is already a high concentration of
parolees/probationers in the area of the proposed project, which along with other conditions
makes it difficult for the Police Department to service the area. The Commission finds that the
applicant was asked whether it would consider excluding parolees/probationers or limiting their
number at the proposed facility, but the applicant was unable or unwilling to do so.
3.3 The Commission finds that past experience with parolee/probationer housing
facilities in the City has been unsatisfactory. From August 1998 to May 2001, a 24-unit facility
operated on North H Street. The concentration of parolees/probationers resulted in an extreme
number of calls for service that forced the Police Department, in conjunction with Code
Enforcement and other elements of the City, to shut down the facility in the interest of public
safety. From 1999 to 2002, a 14-unit apartment parolee/probationer facility operated on North H
Street. As a result of an extremely high incidence of calls for service associated with parolees,
the Police Department eventually shut that facility down as well.
3.4 In view of this prior experience, the Commission has concerns regarding security
at the proposed facility if, as appears to be the case, all or a substantial portion of the residents
would be parolees/probationers. The Commission finds that these concerns have not been
-
2
adequately addressed. In particular, the applicant did not provide any specificity as to what
security training it would give personnel in charge of managing the facility.
3.5 The Commission also has concerns regarding the applicant's procedures for
discharging residents, which concerns the Commission finds have not been adequately addressed.
The applicant stated that if a resident of the proposed facility were under the influence of a mind
altering substance not prescribed, the person would be given a referral for shelter for the night
and asked to leave the facility immediately. There was no mention of any intent to contact the
Police Department in that event. The Commission is concerned that this situation could lead to
the release of a dangerous individual into the community without the Police Department's
knowledge.
3.6 The Commission finds that security concerns raised by the potential for
unsupervised release of facility residents into the community have not been adequately
addressed. The applicant stated that it planned to maintain a day laborer program, but there was
no indication of whether the facility would allow residents out on the street unsupervised to
permit them to get day jobs.
4. LAND USE CONFLICTS
The Commission finds that adverse impacts on neighboring land uses would result from
approval of the project that could not be avoided with the adoption of the ameliorative measures
the applicant was able and willing to adopt. The most notable of these impacts would be the
effect of the project on Option House, a women's shelter for victims of domestic violence, and
on the planned Lincoln II Elementary School.
4.1 Option House was the first domestic violence shelter in California and has been at
its location for 26 years. The facility is located in close proximity to the proposed project site. It
maintains 32 beds, not counting cribs. Victims of domestic violence sometimes are placed at
Option House the same evening they report being abused, at a time when they are particularly
fragile.
4.2 Option House is the only domestic violence shelter located in the central San
Bernardino Valley region. The Commission finds that if a facility that might be housing
domestic abusers were located in close proximity to Option House, domestic violence victims in
the central Valley region might be discouraged from turning to Option House.
4.3 Women residing at Option House who have employment or are students must
continue to attend work or school. In addition, other Option House residents must leave the
facility from time to time to attend to daily affairs. Due to the proximity of Option House to the
proposed project site, if the project were approved Option House residents would have occasion
to walk by the AEERC. The Commission finds that the possibility that perpetrators of domestic
violence, and potentially the actual perpetrator of violence against an Option House resident,
.-.
3
could be residing in close proximity would increase fear in the Option House residents and
interfere with their free enjoyment of the shelter and its environs.
4.4 According to the applicant's Chief Operations Officer, among the training
programs offered at the AEERC would be anger management and domestic violence training. In
addition, the applicant stated it would not conduct criminal history checks on prospective
residents who are on parole or probation. The Commission finds, therefore, that it appears the
AEERC would accept residents with a history of domestic violence.
4.5 The proposed project site is located about 150 feet from the site of the planned
Lincoln II Elementary School. The school is planned to begin operation in 2011. The
Commission finds that undesirable contacts between students walking by the facility and
residents of the facility likely would occur.
4.6 The applicant proposed that it mitigate the impacts of the project on the school by
agreeing to relocate the AEERC after two years, when the school is expected to open, and to
replace the AEERC at that time with a use that would complement the school, such as providing
youth-oriented educational programs. However, the applicant never specified what the
subsequent use would be, what would happen if the planned subsequent use proved infeasible at
the end of the two years, or what would happen if the property were sold. The Commission finds
that without specific information on these points, the proposal that a limited-term conditional use
permit be granted cannot adequately be considered. The Commission further finds that a limited-
term conditional use permit, even if followed by an appropriate subsequent use, would not
mitigate the immediate conflicts with the neighboring land uses that would exist if the proposed
proj ect were approved.
5. ZONING AND GENERAL PLAN CONFLICTS
5.1 The Commission finds that the proposed AEERC would be inconsistent with both
the City's zoning ordinance (Development Code) and its General Plan, as they existed on the date
the project application for CUP No. 08-21 was deemed complete, May 27,2008.
5.2 Section 19.04.030(2)(T) of the Development Code requires social services to
conform to the residential density standard of the underlying land use designation, and to have a
level of intensity compatible with the residential district surrounding the site. As originally
proposed, the project was to accommodate 56 residents. After consultation with staff, the
applicant agreed to reduce the number of residents to 36. However, even that number would be
at the extreme high end of the density allowed for the land use district, and would be the
equivalent of assuming the maximum permitted number of dwellings on the Y:z-acre site (6), each
with the maximum number of assumed residents per dwelling (6). The actual intensity of the use
would be even greater, given the staffing requirements and the non-residential activity that would
occur at the site on a daily basis. .
-
4
5.3 Furthermore, Section 19.04.030(2)(T)(9) of the Development Code requires a
one-acre minimum site area to establish a social service in a residential land use district. The
Commission fmds that the \-1- acre project site does not conform to this standard of the zoning
ordinance.
5.4 The Commission further finds that the proposed project would not be consistent
with the General Plan in that, for the reasons noted above, the proposed project would alter the
character of the surrounding neighborhood. Existing homes in the immediate vicinity of the
proposed project are single-family residences. The Commission finds that introduction of a
social services facility with a dense residential component would conflict with General Plan Goal
2.2: "Promote development that integrates with and minimizes impacts on surrounding land
uses." General Plan Policy 2.2.10 provides: "The protection of the quality oflife shall take
precedence during the review of new projects. Accordingly, the City shall utilize its discretion to
deny or require mitigation ofprojects that result in impacts that outweigh benefits to the public."
6. CONCLUSION
For the reasons previously noted, the Commission finds that the proposed project would
impair the integrity and character of the surrounding residential neighborhood where the project
is proposed. Therefore, the Commission concludes that the necessary findings to approve
Conditional Use Permit No. 08-21 cannot be made.
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5
.";
TO:
CITY OF SAN BERNARDINO
DevelopmeDt Services DepartmeDt - PlaDDiDg DivisioD
IDteroffice MemoraDdum
Planning Commission e....//f
Terri Rahhal, Deputy Director/City Planner 7t
'.-..J
FROM:
SUBJECT:
AgeDda Item 1: CUP No, 08-21- HumaD PoteDtial CODsultaDts proposal to
cODvert aD existiDg church located at 840 North Sierra Way to a 56-bed
homeless shelter
DATE:
October 16, 2008
COPIES:
Valerie C. Ross, Director; Henry Empeilo, Senior Deputy City Attorney
BackgrouDd: Item I on the October 21, 2008 Planning Commission agenda is a request for a
Conditional Use Permit (CUP No. 08-21) to convert an existing 6,747 square foot church located
at 840 North Sierra Way to a 56-bed homeless shelter. The applicant is Human Potential
Consultants, LLC. Originally scheduled for hearing on September 16, 2008, this item was
continued without a staff presentation or a public hearing. Staff requested the continuance to
October 21, 2008 to address the applicant's assertion that SB 2 (Senate Bill 2 of 2007, effective
January I, 2008) would preclude the City from denying the subject project.
)
SB2 amended California Housing Element law and the Housing Accountability Act to reduce
obstacles to development of emergency shelters for the homeless. A primary reason for SB2, as
stated in the law, is to reverse the trend of concentration of homeless individuals ui poorer
communities by requiring every city and county to plan for development of additional homeless
shelter capacity. A copy ofSB2 and a technical assistance memo from the California Department
of Housing and Community Development (HCD) dated May 7, 2008 was distributed to the
Planning Commission on October 7, 2008.
Public Counsel Law Center, a non-profit agency serving Los Angeles County, submitted a letter
of support for CUP No. 08-21 (Attachment A). This letter also warns the City about the
provisions of SB2, including potential limits on the City's ability to deny any application to
provide emergency shelter for the homeless.
Staff met with the applicant on October 8, 2008, to discuss details of the project, as well as the
CUP review and appeal processes. Upon considering the land use conflicts discussed in the
September 16, 2008 staff report, the applicant proposed a copcept of interim use of the site as a
homeless shelter and subsequent conversion of the site to provide youth-oriented services in the
future. The applicant's revised proposal, supplemental program information and project site
photos are attached as Attachment B.
)
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CUP No. 08-21 - Human Potential Consultants
10/16/08 Memo to Planning Commission Page 2 of 3
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SB2 Compliance: Staff is currently working with a consultant, The Planning Center, to update
the City's General Plan Housing Element. SB2 compliance is a major component of this effort.
In order to comply with SB2 pending completion and certification of the Housing Element, the
City Attorney will present an urgency ordinance to the Mayor and COlmcil for adoption on
October 20, 2008. The Request for Council Action and ordinance, if adopted, will be distributed
at the Planning Commission meeting. The ordinance will establish an overlay district within a
portion of the IL, Industrial Light land use district to encourage establishment of emergency
shelters, which will be permitted by right in the specified area of the Overlay District.
Development standards and siting criteria for emergency shelters are included in the ordinance,
consistent with the provisions ofSB2, in Section 65583 (a)(4)(A) of the Government Code.
Another provision of SB2, Government Code Section 65589.5 (d), limits the authority of a local
agency to disapprove an emergency shelter unless one or more of 5 specified findings are made.
Some elements of the specified fmdings are already discussed in the September 16, 2008 staff
report as standard findings for approval of a Conditional Use Permit. However, to comply with
the specific requirements of SB2 for denial of CUP No. 08-21, staff offers the following
additional finding as a supplement to the findings in the September 16, 2008 staff report:
Additional Finding of Fact:
'-'
The emergency shelter, as proposed by CUP No. 08-21, would be inconsistent with both the
zoning ordinance (Development Code) and the General Plan, as they existed on the date the
project application for CUP No. 08-21 was deemed complete, May 27, 2008. As noted in the'
staff report dated September 16, 2008, the project site is too small to accommodate 56
residents in a manner that would be compatible with the low-intensity land use of the
surrounding neighborhood. The site is located in the RM, Residential Medium land use
district, which permits single and multiple dwelling units, up to a maximum density of 12
dwelling units per acre. The RM district also permits social services subject to the
requirements of Section 19.04.030(2)(T) of the Development Code, which requires social
services to conform to the residential density standard of the underlying land use designation,
and to have a level of intensity compatible with the residential district surrounding the site.
The proposed project does not conform to these requirements of Section 19.04.030(2XT) as
follows:
The proposed emergency shelter for 56 individuals would far exceed the maximum
residential density permitted in the RM land use district. Utilizing a range from the average
household occupancy of 3.2 persons per dwelling to the maximum assumption of 6 residents
per dwelling, a 56-resident facility would be equivalent to 9 - 18 dwelling units. Since the
site is only \t2 acre, the equivalent density would be 18 - 36 units per acre. The intensity of
the use would be even greater, given the staffing requirements and the non-residential
activity that would occur at the site on a daily basis. The maximum residential density
permitted on the project site would be 6 units, which would accommodate a range of 20 - 36
residents. Furthermore, Section 19.04.030(2)(T)(9) of the Development Code requires a one-
acre minimum site area to establish a social service in a residential land use district. The Y...
acre project site does not conform to this standard of the zoning ordinance.
-
CUP No. 08.21 - Human Potential Consultants
10/16/08 Memo to Planning Commission Page 3 on
'-
The proposed project would not be consistent with the General Plan. The application for
CUP No. 08-21 was deemed complete on May 27, 2008. At that time, the City of San
Bernardino General Plan Housing Element was certified, in full compliance with the
requirements of HCD. As noted in the September 16, 2008 staff report, the proposed project
would alter the character of the surrounding neighborhood, where existing homes in the
immediate vicinity are single-family residences. Introduction of a social service with a dense
residential component would conflict with General Plan Goal 2.2: "Promote development
that integrates with and minimizes impacts on surrounding land uses." Therefore, based on
General Plan Policy 2.2.10: "The protection of the quality of life shall take precedence during
the review of new projects. Accordingly, the City shall utilize its discretion to deny or require
mitigation of projects that result in impacts that outweigh benefits to the public. " CUP No.
08-21 should not be approved.
Conclusions: The applicant's alternative proposal to establish a homeless shelter as an interim
use and to eventually convert the facility to a youth-oriented service facility would be superior to
the original proposal. However, the ability of the City to enforce a planned land use change
would be limited, and incompatibility of the shelter facility with existing single family residences
in the area remains a concern, even in the short term. Another meeting is planned to review
security, operation and management plans for the proposed facility with the Police Department
on Friday, October 17, 2008. Staff will reserve its final recommendation on CUP No. 08-21 for
the oral staff report to the Planning Commission on October 21, 2008. In the meantime, the
previous staff recommendation to deny the project stands, as follows:
~-
Recommendation: Staff recommends that the Planning Commission consider the staff reports
and recommendations, together with testimony from the applicant and members of the public, as
well as the attached supplemental information, and that the Planning Commission deny
Conditional Use Permit No. 08-21.
Recommended Motion: That the hearing be closed and that the Planning Commission deny
Conditional Use Permit No. 08-21 based on the Findings of Fact presented in the September 16,
2008 staff report and the additional Finding of Fact in the staff report memorandum dated
October 16, 2008.
Attachments:
A. Letter of Support for Human Potential Consultants and CUP No. 08-21, from Public
Counsel Law Center of Los Angeles, CA dated October 10, 2008,
B. Letter and Supplemental Program Information from Human Potential Consultants dated
October 14, 2008
C. Background documents related to the proposed urgency ordinance
'-
~~om:~Jblic Counsel
213 385 9089
10/10/2008 ATTACHMENT A
~~~
L A VI
C E N T I! R
610 SOU1ll MDMORE AVENUE
LOS ANGELI'S, CALI.'OItNlA 90005
TELEPHONE: 213/385-2977
FAX; 213/385-90~9
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Received 10-10-2008 05:16pm
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From:~Jblic Counsel
213 386 9089
10/10/2008 18:34
1159 P.llC2/0t13
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Selll vUI faestmJJe to: 909-384-5080
October 10, 2008
City of Son Bernardino
Planning Commission
300 North "D" Street
San Bernardino, CA 92418
Re:
October 21,2008 Planning Commission Meeting
Conditional Use Permit No. 08-21
Dear Commissioners:
Public Counsel is a non-profit public interest law firm dedicated to advancing
equal justice under the law by delivering free legal services to indigent and
underrepresented children and adults throughout Los Angeles County. In
furthernnce of Public Counsel's mission, the Community Development Project's
lIousing Opportunities, Preservation and F.nforcement ("HOPE") Unit advocates
for local land use policies that further the production and preservation of
affordable housing in cities throughoUI\h.. COWlty. We are currently
collaborating with cities in the development of their housing elements for the
2008-2014 planning period to ensure compliance with state law requirements and
La ensure lhat the housing element mea,ningfully and adequately responds to the
housing needs of the City's lower-income and homel.."" I1l8id..nls.
We understand that a proposal has been made by Human Potential Consultants,
LLC to conven an existing building at 840 N. SilOlJ1l Way into a homeless
facility . We also understand that the original hearing (September 16, 2008) on
this application has been continued to October 21, 2008 to give staff additional
time and opportunity to research applicable state law in the context of some of
the concerns that were raised in the public hearing process (including.
impairment of the integrity and character of the land IL"" district; negative
impacts on quality of life; security issues surrounding activities of the residents;
disturbing the existing peace and harmony of \h.. surrounding residential
neighborhood; nuisance. of traffic, noise, light; security issues for children at
play in the Seccombc Lake recreation area and walking to future elementary
school in close proximity; adv....... La tWo public interest, health, safety,
convenience and welfare of City; site not physically suitable). .
W.. lire writing to advise you that the City would take a significant risk in making
a decision to deny an emergency shelter under applicable law, including, but not
limited to, California Senate Rill 2 ("Sa 2") and the Housing Accountability Act.
~ '.0. DOX7t5900e tOSANCtu:s.CA?OC76G9OQ eT!l.. Zt).J8S.2971 F!JC. 211.]85.')08') -WWW.PUBUCCOUNSELOW
-n.~re ;H nn ,,-e.cer jratice thlUJ eqwJ ,justice. #II
Received 10-10-2008 05;16po
From-213 385 9089
To-CITY OF SAN BERNARDI
Po.e 002
.;=rom:Public Counsel
213 385 9089
10/10/2008 18:34
11159 P.OC3/003
Page 2 of2
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You may be aware that the City has failed to adopt a housing element for the
current planning period (2008-2014), which was due to the State Oepartment of
Housing and Community Oevelopm""l ("HCO'") by June 30, 2008. The City's
udopted 2008-2014 housing element must comply with SB 2, eft'ective Jan~ I,
2008, which strengthened existing state law to provide opportunitie.~ for the
development of emergency shelters (as well as transitional and supportive
housing) by ensuring that every local government has the zoning and land use
controls in placc to cncourngc this hOlL~ing type. The City's housing element
should include the fullowing:
. Estimate of the number ofpcrsons in need of emergency shelter in the
City of San Bernardino (including analysis of both seasonal and annual
need);
. Identification of at least one zone permitting emcrgency shelters without
a conditional use permit or other discretionary review. This zonc or
zones must have sufficient capacity to meet aU orlbe City's identitied
need for emergency shelter and applicable land use controls must
encourage and facilitate the development of emergency shelters;
· If the City does not currently have such a zone, a program to lIffilood illl
Zoning Code to provide a sufficient 7.onC or 7nnes within one year of
adoptiou of its housing clement.
-
Based on the requirements outlined ahove, prior to making any decision to deny this application,
tbc City must assess whether such denial would make it more difficuh for the City to meet the
requirements of SB 2 becaWle, lIffiong olber things, it must identitY additionallaod with capacity
availahlc for emergency shelters. To the extent the City asserts it has adequate 1'C90un:es
available to meet its existing homeless needs, the City should make clear the grounds on which
this assertion is based, including any calculations made.
Regardless, the City is still severcly Iimitcd in it.. ahility to deny this application under the
Housing Accountability Act, particularly because it does not have a valid housing element. We
welcome a meeting with the City to discuss these issues in further detail.
v cry truly yours,
~~'C? )
Attorney
Equal Justice Works Fellow
Public Counsel Law Center
cc: Tony R.hh.hl, Planning Oirector (rahhahl te@sbcitv OTl1:)
AIoll Liang, Senior Planner (lian" arfiilsbcitv.OrlZ)
'-
Received 10-10-2008 05:16PM
From-21l 385 9089
To-CITY OF SAN BERNARDI
Pa.. 003
ATTACHMENT B
~~=-~~.
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Ckrobc:r J4. 2008
('tt)' urSan Bernardino
~fs. Tmi Rahhal, P!:mnmg Dm:ctor
\1r. Aron llang. Senior Planner
.~lJO N. 0 Strm
San Bemanhno. Ca 91418
HE: ellP 08-11_ 848~. SlelTI WI)', San B.rn.,diao
Ikar \15. Rahhal & \1r. liang-
rhank you for taking the time to met.=1 with lluman Polenual Consultants. L.L.e.. ItIP(~1
Ia...t W\:dnesday. ()eMOer ~tIl, 2008. We found the mectmg to be beneficial through the
,:Iant) that \"'$ provided on a number of points. In an effort to respond complc(c1~. we
.lre providmg additIOnal material that may not have been circulated pnor. Additionally.
we are outlinmg S()mc of our vision for the future use uflhe building on X40 N SIerra
Way.
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\Vith regard 10 many ufthe qucstlollllO abuut the site U~. integratlOn (3..1{ pan (lfthe
...urrounding l;ommunity) and safety. we are including addinonal infonnation regardmg
the safery plan as wclla5 programming for the site. This additiunal documentatIOn wIll
~ho": a ..met pulicy that all resld~nts iII1e required to tollow as tcnnf) of their stay The
~fCIY plan monitors and ensures that all policies an being enforced. There are 'itrict
mgrC's....egre~~ control mea.<roreslo reduce 3Ctf\"lty at the SltC'. We strongly helic\'C' Ihat
thl~ model nut only ser\'cs III create structure and fU!itcr the growth and development of
Its ft..'Sldcnts ","'hlle they arC' there. hut its progr.unmmg also t;onsldcrs the surroundmg
IlI..'ighborhood and respects Hlany of the same social panem.<; ~"l as to he d guod lll'lghhor
It t~ undear. as .....as made cloIJenl in tbe mcetlDg. that the Polu.:c Department 'Was
provIded all materials as presented hy If PC. As such. those necessary Items are cnclo"icd
.\Iso. as (lfthe dale thi...lcner w;u suhmittC'd. City StatTha\'c been unable to rl'ach \is.
Sharon Crawford lor foIlO\"-.up. Other discrtpaOl.:ies Wl:re verified inlhe mecting, and
while many of Ihe/jC mailers were danficd, It is our understanding that the :otatf repon
will he revi~ed to retlect less ofa presumpruous understandmg of the building':; use. and
a more rrao;onable intrrpretation ofthr reJeloaDl facts a~ the)' pertain to the proposed U\C'
..tnll It"; applicability to the City's zoning.l-ode
To better understand the SoilC'. an aenal photo 15 being attached as part of this ...uhmlnal. J.~
well as photos {)f the nClghborhood direclly surrounding the sUe. Come,t plays a kc)o'
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'-
role In understanding wh) thls site is perfectly situated for our proposed use In the shon
temt \\;,hlle the Clty:md SchtXJI Districts' plans for me m:a show great promise for
future growth. II IS dear mal neither the Seccombe Lake redevelopment. nor the new
dementary school are likely to come to fruition in the next few )"cars.
IIPC' mtend.. to keep the property in a manner that is well groomed and attractl\'C In
"arurC'. In an ..-ffon to maintain the character oflbe existing area, UPC' proposed fenl;m~
thai IS similar to thai oflhc adjacent cemetery. but it appeared to be ILOSS than well
received by planning ~tatTin th.:ir rcpon. IlPC is open to alk-mati..c perimeter fencing
malenals. and feels [hat in combination with adequate JaOli~apmg. the street "ceDC \1,'111
be more than r~ntahle
While ~Iatfwas most hdpfullD as!tisl1ng IlPC to understand Its concerns. there were nul
J.n) suggestions from ~la1Ton how to work ..ith us on crafhng 3. strJ.tegy to making.
~nfon:cablc commitments .....Ithin thc ConditionallJse Permit conditions. IIPC was
laded with suggeshng altemah"cs to long term use for thc Mte. Some dISCUSSI(lR
~urroundmg a 'sun..~d clause' for the permit was made. hut '\taffw3.'i hesitant to commit.
tiP(' even ~uggC'ited a deed re~triction for the property. hut ClUff's hellcfwas that it was
only J start. and not something they could cnforce.
If is LOur shun Ie"" guaL.1I lhis MtC. tu be abk to proVide ~cr\,I(;l:S to the homdc~
utill7.lng 3 strate!!)' that has heen proven to work. The area In whll.:h this buildmg IS
located Will allow Us to begin laking strides in that direction. Howc\cr. thiS location IS
hnutL-d 10 sUe. and Will only serve to begin assisting those m need. It IS the goal of HPC
to e,'entually relocate to largt."f qU4lrler5. rhereby wO\l:rllfig Ihis budding infO a use that
would enhance the 'iurroundmg neighborhood.
rhe rl:\'lsed uS( will 1 n(; ludc c~ntinued provision of <;er\"IC~ tor thost' in need of training
In the area. I hesc !K:r\lces may include trainmg and services complimentary TO that of 3n
.:du\.:at1Unal faCility, Gll,cn the adjacent planned school. this location may he anle tf'
provide additIOnal programming calenng to the llX.'aJ youm IIpe \\ ill \.:untmuc: to wurk
"ith the school district to \.:r\.'31C 3' parmc~hlp for providing 50uch cou~s.
With this proposal for future lIse. we arc [ask.~ wuh findmg a mutually agreeahle
terminology that Will satlsf)>' our intt.:rcst to be~lD SCf\ing the homdt'ss in this area \10. tll Ie
guar.mteeing the City and Its rc'lOldc:nts that rhlS use will be relocated once certain, agrC1:d
upon. trigger actions are real.-hed. Such ilL'lions \.:ould indude such things like reltlCatlOn
,)f "PC ..en'lee.. tot Ihe htlmeless to another ;lrea unce tht' Cc:nitkatc: tlfO\:cupancy lS
lS~U..xl for th< !<ochoa!. Or, .should the redevelopment occUr finit. 4 change In use tied tn
~Uildjng pennit Is!ouam;e or Similar appro\'aI could he utilized. HPC IS Willing It) .l\.:i.:Cpt a
condition lhat hmils the use ufthlli fa(;lillY as a humeless shelter once rea..<;onahle activit)>
on the aforementioned plan.. [akes place.
Flnallv we ha\'C mduJed the rdc-vanl .natl..ticCl on the homeless popularilln in San
Bema~dino. "icnate 81111 abo pronJes a ~trllng toundation for supportmg thiS ~'PC of
rennll. Their amocacy group has also pru...idcd input on our Pro.lt.-'Ct, and thelT !cner is
--
--,-
InduJ(.-d. By ~te~m@.lhe num~B In these ~lOIh~IU':llo In tandem wllh the: ..-um:nl numbct
ofa\'3.liable c;:1015 ser\'ins the l:ummunif) ma slmd.ar c3pat'rfy tn lhat of HP('"!!i prognun.
It hc-comcs deaf thallhlllypc of project will pro'w'IOe a largely wKh.~f\'~d pofIularion
\A, IIh the tools ll<<e'Ssary 10 Inregrate ba..:k into socitty. Other sites CUJ1'ef1tJy operatmg m
the (jty do not have the capacllY fO provide the extensive tralnmg and programnllng that
liP<' has outlmed. HP<. "s theus I~ to ser\'e the community of San Hemardlno. As such.
Ihc.'Jr I,\oal i. lu hill: from", lthan the community and '-"lI1I'lu)" a!\ man)' df lheir rt'sidmts
')ucc:cssfuUy
IlPC l~ fOf""".ud to lindJl\@ 01 mUIWlII) agRCabk: wlUlJon In !l.hun term and long lenn
.,..;(."fL1rtOS for [hie;: "lie If my ~ue~tlo"-" or aOdItiunal m"1C~nal\ J.n:' rl."qum:d. please
~,)nu..."'1 "'Icole \1oun~ JI 'itl'l-2l1:'-bJ":'fI or nen nbc.l,,"4Jn"~JJm"~],Jtl-.:om
lllank )lIU l.lT ~..\U lime .tlkl ,oru.IJer,mon m thi!'> rT1d.tter
'1I1ccrcly.
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August 13, 2008
Mr. Aaron Liang
Sr. Planner
Development Services Department
City of San Bernardino
300 North "D" Street
San Bernardino, CA. 92418
RE: Responses to Questions Raised by San Bernardino Police
Department on July 31, 2008 at the City of San Bernardino,
Development Service Department, Environmental Review Committee
Dear Mr. Liang:
Pursuant to the request from the San Bernardino Police Department, Human
Potential Consultants, LLC has provided a response that is an addendum to our
previous information submitted to the City of San Bernardino, Planning
Department regarding our Adult Education, Employment and Residential Center
(AEERC) site.
Our Security Plan addresses activities such as: site security, discipline/seizure,
disturbance control, facility containment/parking, search and seizure and
emergency evacuation procedures. HPC maintains for all its sites an operations
manual that details specific procedures and policies related to site operations.
We have provided some preliminary detail for our proposed facility site: Adult
Education, Employment and Residential Center (AEERC) at 840 N. Sierra Way,
San Bernardino, CA. 92410.
The AEERC includes a program effective security plan that encompasses the
installation and use of six (6) security cameras in the following areas: a)
Kitchen/Dining Stations, b) Resident Living Quarters, c) Front Entrance and door,
d) Side/Back Patio and door e) parking area and the f) recreation room.
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The CV0204DVR (Digital Camera Video Recorder) is s feature packed digital
video camera recording system. This complete system comes with four outdoor
cameras that can be displayed all at the same time (quad view). AEERC has the
capability of customizing the recording and to set a 24- hour recording schedule
based on preferences. The DVR may record continuously during the day, then
record only when motion is detected at night. Each camera is equipped with
AEERC.Conditional Use Pennit No. 08-21
Human Potential Consultants, LLC
10/14/2008
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night vision, so that security guards/monitors can view and record in total
darkness. The Digital Camera Video Recorder's list of features and system
operating materials are below.
. 4CH DVR w/ 160GB hard drive
. 4 0./67 Cameras
. 1 DVR Power Adapter
. 4 x 60ft RCA video/power wire
. 4 Camera Power Adapter
. 5 BNC connectors
. RJ-45 Ethernet Cable
. Software Installation CD
. RCA to RCA Wire (male)
The AEERC will additionally use two Indoor Speed Dome (270x Day/Night) Zoom
cameras. The day/night high-resolution indoor speed dome with a super
Spherical pan/tilt will continuously rotate 360 degrees, records 24 hours with
automatic turn over of 180 degrees. It has 27x optical and lOx digital zoom
capability, delivering 270x zoom power that captures the finest details. RS-485
Communication channels are available for remote control purposes and may be
programmed for 64 preset precise locations of target areas.
The AEERC utilizes a Biometric Hand Punch - touch Station for facility inGress I
eGress control. computerized by a log system to capture resident sign in/out.
Case managers and guards/monitors use the hand unit to record resident time,
attendance, monitor and control building access and track program activities.
The system provides safeguards against security threats and eliminates "buddy
punching". The unit is constructed of injection-molded plastic, lightweight with
a silicon rubber keypad and an internal lithium battery to keep time and calendar
in event of a power outage. There is no parking of resident vehicles at this
facility or loitering allowed and the AEERC will provide limited transportation for
common trips and off site storage. The facility will be gated, establishing a
controlled environment for educational and programming purposes. No,
drug/alcohol use is tolerated by homeless residents and surveillance is
maintained through ongoing and continued observation of resident
behaviors, searches, random testing, and is also based on the client
assessment, previous history, and current status in relation to substance abuse.
Overall, our guards/monitors will be uniformed, trained in all matters related to
emergency and disaster procedures outlined in our manuals.
-
AEERC-Conditional Use Permit No. 08-21
Human Potential Consultants, LLC
2
10/1412008
The AEERC Emeraencv Evacuation Dlan and quarterly emergency drills will be
conducted and are fully documented to include date and time, evacuation path
used, number of staff participants, and visitors involved. The documentation of
the emergency drill will also include the amount of time to complete the drill, and
other pertinent comments. The drill will also include the testing of smoke
detectors. Fire drills will ensure familiarity with exits in an organized manner.
The following summary procedures will be documented and implemented at all
AEERC facilities:
A. Designation of Emergency Drill Coordinators
B. Diagrammed Emergency Drill Plan
C. Emergency Procedures
D. Drill Documentation
The AEERC has a written Disturbance Control Plan (DCP) in the event of a
major disturbance at one of the AEERC sites. The plan shall include crowd
control procedures, steps for requesting after hours emergency transportation of
resident participants at temporary facilities, assistance from local law
enforcement and/or emergency agencies as circumstances warrant.
The follOWing summary procedures are documented and implemented at all
AEERC facilities:
A. Definition of Disturbance
B. Emergency Procedures Implementation and Monitoring
C. Notification Procedures for Disturbances /Intervention
D. Disturbance Resolution and Documentation
A copy of the disturbance report shall be maintained in the facility's central
administrative filing system, and a copy provided to the AEERC Project Manager.
The AEERC, Search and Seizure Dolicv/Drocedures establish measures to
control the introduction/possession of contraband at the AEERC program site in
order to maintain a safe and secure environment for staff and resident
participants. Control is accomplished through searches of participants and
participant's living and common areas. Possession of contraband as will result in
disciplinary action and confiscation of the contraband.
The following procedures provide specific guidelines for searches, including the
completion of appropriate reports and accompanying documentation.
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AEERC.Conditional Use Permit No. 08.21
Human Potential Consultants, LLC
3
10/1412008
A.
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B.
C.
D.
E.
Unauthorized Property/Illegal Contraband/Illegal Drugs and Controlled
Substance Defined
General Guidelines on Search and Seizure Policy and Authorized
Personnel
Facility Search Procedures.
Seizure Definition/Policy
Staff Reporting of Contraband
A copy of the contraband report shall be maintained in the facility's central
administrative filing system, and a copy provided to the AEERC Project Manager.
Guidelines pertaining to AEERC participants' Proaressive Di$Cillline Policy and
basic rules of conduct, and policies that address zero tolerance on alcohol and
drugs use, fraternization, smoking and personal appearance and hygiene are
outlined on Sections B8 - B12 of the AEERC Handbook. Serious violations of
these rules may result in disciplinary actions that can lead to immediate
discharge from the program.
The AEERC Program shall classify reports of rule violations as Administrative Rule
Violations or Serious Rule Violations.
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A. Rule Violations Defined: Administrative or Serious
B. Disciplinary Methods: Counseling or Violation Report
C. Supervising Case Manager Review of Disciplinary Actions
A copy of the rule violation report shall be maintained in the facility's central
administrative filing system, and a copy provided to the AEERC Project Manager.
Human Potential Consultants, LLC has taken time and good faith measures to
ensure proper understanding, education and cooperation for proposed operation
of the AEERC for the benefit of the highly concentrated homeless population in
Ward 1 and Supervisor District 5 and for the city and county of San Bernardino,
California.
Sincerely,
Garnett Newcombe
CEO
_.
AEERC-Conditional Use Permit No. 08.21
Human Potential Consultants. LLC
4
10/14/2008
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2007 San Bernardino County Homeless Census and Survey Summary
-
According to the San Bernardino County Homeless Census, 7,331 respondents
were homeless at the point-in-time that Census was conducted. An annual
estimation of 17,551 people will also experience homelessness.
-
· 1,420 of the respondents reside in District 1 (City of San Bernardino)
· The ethnic breakdown of those respondents is as follows:
o 44% Caucasian
o 24% African American
o 21.8% Hispanic/Latino
· The gender breakdown of the respondents is as follows:
o 63.1% are male
o 35.8% are female
· The age range of the highest numbers homeless respondents is as follows:
o 31.3% are 41-50
o 27.1% are 31-40
o 18.9% are 22-30
· 17% of the respondents are United States Veterans, with 6.3.5% rate of
honorable discharge from the military
· 38.1% of the respondents are chronically homeless
· 23.7% respondents experienced a loss of employment, and 23.5% cite the
use of alcohol and drugs as the top two reasons for their current homeless
status.
· Reasons cited for homelessness:
o 33.9% of respondents are unemployed because they did not have a
permanent address
o 32.1% had no transportation
o 29.3% had no phone
o 24.3% were using Alcohol/Drugs
o 23.5% did not have appropriate clothing
· 71.9% of respondents reported that they were living in San Bernardino County
at the time they became homeless
· Ofthe 83.4% of unsheltered respondents in San Bernardino County:
o 21.9 % are on the streets of San Bernardino city
o 11% are living in emergency shelters
o 5.6% are living in transitional housing.
· 34.5% of County-wide respondents have less than a high school diploma, and
35.2% of respondents have obtained their high school diploma.
· 26.3% of respondents were currently experiencing mental Illness and 42.0%
were experiencing depression
· 66.9% of the respondents are NOT using Mental Health Services
· 54.0% of respondents were not receiving government assistance services
· 82% of respondents were not aware of the San Bernardino County 211 Help
Line
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ATTACHMENT C
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PEJ'..'MAN
City Attorney
Subj ect: AN URGENCY ORDINANCE OF
THE CITY OF SAN BERNARDINO
AMENDING SAN BERNARDINO MUNICIPAL
CODE (DEVELOPMENT CODE) SECTION
19.02.050, 19.08.020, TABLE 08.01, A..1I/D
ADDING CHAPTER 19.10-E, EMERGENCY
SHELTER OVERLAY DISTRICT, TO
PERMIT EMERGENCY SHELTERS WITH
APPROVAL OF A BUILDING PERMIT
WITHIN AREAS OF THE IL, INDUSTRIAL
LIGHT, LAND USE DISTRICT L VING
SOUTH OF 3RD STREET, EAST OF
WATERMAN AVENUE AND NORTH OF
CENTRAL AVENUE, DECLARING THE
URGENCY THEREOF, AND TAKING
EFFECT IMMEDIATELY.
Dept: CITY ATTORNEY
Date: October 17, 2008
MCC Date: October 20, 2008
Synopsis of Previous Conncil Action:
October 1, 2007- Mayor and Council approved CUP No. 07-03 to aJ]owthe Salvation Army to
construct a two story, 34,833 square foot, 124 bed mens shelter and
rehabilitation center on 8.8 acres at 363 South Doo]ittle Road.
October 15,2007- Mayor and Council approved Ordinance No. MC-1258 amending
Deve]oprnent Code Section ]9.08.020, Table 08.01(34) to allow Social
Service Centers as a conditional use in the IL Land Use District.
May 19, 2008 - Mayor and Council approved Reso]ution 2008-]51, an Agreement with the
Planning Center to provide an update of the City's Genera] Plan Housing
Element, including an analysis ofthe need for emergency homeless shelters.
Recommended motion:
That said Urgency Ordinance be adopted.
Phone:
Ward:
Source:
Finance:
5355
1st
Contact person: Henrv Emoeflo. Jr.. Sr. Deouty Citv Attornev
Supporting data attached: Staff Re.port
FUNDING REQUIREMENTS: Amount:
Council Notes:
-,.,_.
Agenda Item No. ;2 4
F.\EMPENO\Ordmances\EmergencyShelten;.RCA-Urgency Ord1nance - IO-16-08.......pd
STAFF REPORT
Council Meeting Date: October 20, 2008
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
James F. Penman, City Attorney
October 17, 2008
AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION
19.02.050, 19.08.020, TABLE 08.01, AND ADDING CHAPTER 19.10-E,
EMERGENCY SHELTER OVERLAY DISTRICT, TO PERMIT EMERGENCY
SHELTERS WITH ABUILDING PERMIT WITHIN AREAS OFTHE IL, INDUSTRIAL
LIGHT, LAND USE DISTRICT LYING SOUTH OF 300 STREET, EAST OF
WATERMAN AVENUE, AND NORTH OF CENTRAl AVENUE, DECLARING THE
URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY.
Background:
Senate Bill 2 (Chapter 633, Statutes of2007, effective January 1, 2008) has been adopted by
the State to encourage the location of "emergency shelters" i.e. emergency homeless shelters. Senate
Bill 2 works in two ways. First, it requires the amendment of the General Plan Housing Element.
The principal modification is the identification of a zone in which an emergency shelter can be
established as a permitted use without a conditional use permit or other discretionary permit, and
without conditions except as specified in the statute. Any draft housing element submitted to the
California State Department of Housing and Community Development after March 31, 2008 will
be required to comply with Senate Bill 2. Second, and presently, Senate Bill 2 prohibits the denial
of an application to establish an emergency shelter within any zone except upon the making of
specified findings based on substantial evidence in the record. The City currently permits the
establishment of emergency shelters in numerous commercial land use districts and in the
Residential Medium, Residential Medium High, and Residential High land use districts with a
conditional use permit. Emergency shelterslhomeless shelters have recently been permitted in the
IL, Industrial Light Land Use District, subject to a conditional use permit and the approval of the
Mayor and Common Council. The City cannot deny a conditional use permit for an emergency
shelter unless the proper findings can be made to deny that application pursuant to Senate Bill 2.
Under Senate Bill 2, one ground for denial of an application for an emergency shelter is that
the proposed project is inconsistent with both the jurisdiction's zoning ordinance and general plan
land use designation, and the jurisdiction has adopted a revised housing element that is in substantial
compliance with the applicable portions of the statute. Siting an emergency shelter in other than the
districts described above, and without a conditional use permit is inconsistent with the City's
Development Code and General Plan. The City does not currently have a revised Housing Element.
F:',EMPENO\Ordinances\EmergencyShelters Staff Report - IO-16..Q8.wpd
However, Senate Bill 2 provides that where a local government 1) has in place an ordinance that
identifies a zone or zones where emergency shelters are a permitted use without a conditional use
permit or other discretionary permit and, 2) are not subject to conditions for development that are
distinct from those for residential or commercial development in the same zone and, 3) otherwise
apply only such conditions as are specified in Senate Bill 2, the jurisdiction need not take additional
action to identify zones for emergency shelters.
The urgency ordinance presented to you for adoption puts in place an ordinance that meets
the requirements of Senate Bill 2 with respect to permitting approval of an emergency shelter without
a conditional use permit, and otherwise limiting any conditions on that approval to those authorized
by Senate Bill 2. This right of approval is limited to emergency shelters established in the areas of
the IL zone that are south onn! Street, east of Waterman A venue, and north of Central A venue. This
area includes the Salvation Army's new 124 bed homeless shelter under construction, the County's
Food Bank, and the offices of the County's Community Action Partnership. Once adopted, the
ordinance places the City in substantial compliance with Senate Bill 2. With such amendment, the
City can continue to enforce its regulations respecting the location of ernergency shelterslhomeless
shelters.
Adoption of an urgency ordinance of this type requires findings that there is a current and
immediate threat to the public health, safety, and welfare and that the grant ofland use approval
would result in that threat to public health, safety and welfare. The appropriate findings are set out
in the ordinance. The evidence in support of the findings is derived in part from the attached
Exhibits which are incorporated herein:
A. List of Emergency Shelters in the City of San Bernardino
B. Map and Aerial Photos of the area between 3n! Street and Central A venue and from
Waterman Avenue to SB Airport dated October 1, 2008
C. San Bernardino County 2007 Homeless Census and Survey Comprehensive Report
by Community Action Partnership
D. City of San Bernardino 2007/2008 Consolidated Annual Performance Evaluation and
Report (CAPER) by the City's Economic Development Agency
E. Memorandum of the California Department of Housing and Community
Development Division of Housing Policy Development, Re: Senate Bill 2, dated
May 7,2008
F. SB 2 Senate Bill Analysis, As Amended August 31, 2007
Financial Impact:
Undetermined
Recommendation:
Adopt the Urgency Ordinance
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F:\EMPENOIOrdinances\EmergencyShelters Staff Report - IO-16-08.\\ol'd
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II Adopted: October 20. 2008
. Effective: October 20. 2008
ORDINANCE NO. HC-1288
AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.02.050,
19.08.020, TABLE 08.01, AND ADDING CHAPTER 19.10-E, EMERGENCY SHELTER
OVERLAY DISTRICT, TO PERMIT EMERGENCY SHELTERS WITH APPROVAL OF
A BUILDING PERMIT WITHIN AREAS OF THE IL, INDUSTRIAL LIGHT, LAND USE
DISTRICT LYING SOUTH OF 3RD STREET, EAST OF WATERMAN AVENUE AND
NORTH OF CENTRAL AVENUE, DECLARING THE URGENCY THEREOF, AND
TAKING EFFECT IMMEDIATELY.
The Mayor and Common Council of the 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 all laws and regulations with respect to municipal affairs, subject only
to the restrictions and limitations provided in the Charter or by State law; 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
15 third's (2/3) vote of the Council; and
WHEREAS, Government Code Section 65858 provides that for the purpose of protecting the
public safety, health, anawelfare, 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 offourth-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, effective January 1, 2008, Chapter 633, Statutes of 2007 ("Senate Bill 2")
amends California Government Code Section 65583 to require local governments to amend their
General Plan Housing Element to identify a land use zone wherein emergency homeless shelters are
F :\EMPENO\Ordinances\EmergcncyShelters. Urgency Ordinance. 1 0-16-QS.wpd
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II MC-1288
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a permitted use without a conditional use permit or other discretionary permit; and,
WHEREAS, Senate Bill 2 amends Government Code Section 65589.5(d) to provide that a
local agency shall not disapprove a land use application for an emergency shelter within any zone,
or conditionally approve a land use application for an emergency shelter within any zone in such
manner as to render the project infeasible, unless it makes written findings, based upon substantial
evidence in the record as to one of five (5) findings; and
WHEREAS, finding number five (5) under Government Code Section 65589.5(d) provides
the exception that:
The...emergency shelter is inconsistent with both the jurisdiction's zoning ordinance
and general plan land use designation as specified in any element of the general plan as
it existed on the date the application was deemed complete, and the jurisdiction has
adopted a revised housing element in accordance with Section 65588 that is in
substantial compliance with this article.
WHEREAS, finding number five (5) is subject to the furtherrequirement that the exception
is not available if the local agency has failed to identify a zone or zones wherein emergency shelters
are allowed as a permitted use without a conditional use permit or other discretionary permit; and
WHEREAS, through the adoption of an urgency ordinance amending the City of San
Bernardino Development Code which identifies a zone or zones where emergency shelters are
allowed as a permitted use without a conditional use or other discretionary permit, the City will be
in substantial compliance with the above described exception pursuant to California Government
Code Section 65583(a)(4)(D); and
WHEREAS, Senate Bill 2 recognizes that legislative bodies, prior to the adoption of a
revised Housing Element in compliance with Senate Bill 2, may adopt a zoning ordinance which
identifies a zone or zones where emergency shelters are allowed as a permitted use without a
conditional use permit or other discretionary permit, and thus recognizes that the adoption of said
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ordinance may constitute substantial compliance with Senate Bill 2; and
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WHEREAS, the City of San Bernardino Development Code currently includes emergency
homeless shelters in the category of social services with residential components, which are allowed
as a conditionally permitted use City-wide in several residential and commercial land use districts
and throughout the IL, Industrial Light land use district with such conditions that do not render such
projects infeasible for development; and
WHEREAS, the City of San Bernardino, in a variety of locations, currently has several
existing ernergency shelters which provide a total of 267 beds for the homeless, in addition to the
Salvation Army's 124-bed year round homeless shelter for men currently under construction within
the proposed Emergency Shelter Overlay Zone, at 363 South Doolittle Road, and another Salvation
Army I 50-bed homeless shelter for families and children at 925 W. 10th Street, which application
is currently under review (see list of service providers attached as Exhibit A to the Staff Report and
which is incorporated herein by reference); and
WHEREAS, on May 19, 2008, the City of San Bernardino retained a consultant, The
Planning Center, to update the General Plan Housing Element. The Planning Center has extensive
experience with housing element preparation and the certification review process with the California
Department of Housing and Community Development (HCD). The City's Request for Proposals
issued on January 2, 2008, specifically stated that an update of the City's General Plan Housing
Element in compliance with Senate Bill 2 was needed, among other requirements. The City's
contract with The Planning Center specifically listed the requirements of Senate Bi112 in the Scope
of Work, including an identification and analysis of the needs of homeless persons and families in
the City of San Bernardino as required by Senate Bill 2; and
WHEREAS, as identified on HCD's website as of October 17, 2008, no city out ofthe 24
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cities in the County of San Bernardino and no city out of the 24 cities in the County of Riverside has
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adopted and received HCD certification of a revised Housing Element; and
WHEREAS, in spite of significant budget cuts and the loss of numerous employees, the City
of San Bernardino has made substantial progress in complying with the requirements of Senate Bill
2. The Preliminary Draft of the revised Housing Element is expected from The Planning Center in
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November 2008; and
WHEREAS, the Mayor and Council recognize that Senate Bill 2 requires that the City's
General Plan Housing Element must include land use zones which will provide sufficient
opportunities fornew emergency shelters to meet the need identified in the consultant's analysis; and
WHEREAS, the Mayor and Council find that the existing emergency shelters, the emergency
shelters under construction, and the new emergency shelters proposed for construction, together with
opportunities for development of new emergency shelters in the residential and commercial land use
districts with the approval ofa Conditional Use Permit, and the adoption of this Urgency Ordinance,
which will permit new emergency shelters with approval of a building pennit within the IL,
Industrial Light, Land Use District lying South of3n1 Street, East of Waterman Avenue, and North
of Central Avenue (520.3 acres), will provide sufficient emergency shelters to meet the needs of the
homeless in the City of San Bernardino in the interim, until a revised Housing Element in full
compliance with Senate Bill 2 is adopted by the City.
WHEREAS, the Mayor and Common Council make the following findings of a current and
immediate threat to the public health, safety and welfare as required by California Government Code
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Section 65858:
I. The City of San Bernardino has sufficient emergency shelters, transitional and supportive
housing facilities in existence as "grandfathered" uses under prior versions of the
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Development Code. It also has numerous low-income housing developments and
govemment subsidized housing facilities which lower the threshold of the transition from
homelessness to sheltered.
As a consequence of the recent housing crisis and of previous housing crises, the City of San
Bernardino has experienced a history of housing affordability relative to other communities
which has facilitated the location in San Bernardino of sufficient emergency shelters,
transitional and supportive housing facilities that accommodate six (6) or fewer unrelated
adults and are not therefore subject to regulation by the City.
Because of the systemic hostility of other regional entities to the presence of homeless
persons, the City of San Bernardino is in the same posture as downtown Los Angeles in
terms of the disproportionate supply of shelter and service providers across the region that
has led to a disproportionate concentration of homeless persons in the City of San
Bernardino. There exists a confusion as to the needs of the San Bernardino homeless, the
regional homeless who migrate to San Bernardino, and the national homeless for whom San
Bernardino is a wann weather stop.
The concentration of homeless persons in the City of San Bernardino, including the mentally
ill and those suffering substance abuse, is detrimental to their rehabilitation in that they have
developed in some instances, and have become part of informal but enduring networks that
support their illness against the efforts of the local institutions for their rehabilitation.
The improper location of emergency shelters in all parts of the City of San Bernardino, at this
time of economic crisis in the housing market, will facilitate the entrenchment of land uses
in such manner as to further perpetuate the disproportionate distribution of services across
the region and will in fact serve to accelerate the processes Senate Bill 2 seeks to defeat.
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NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
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BERNARDINO DO ORDAIN AS FOLLOWS:
Section 1.
The Mayor and Common Council fmd that the above-stated Recitals are true
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and hereby adopt and incorporate them herein.
Section 2.
San Bemardino Municipal Code (Development Code) Section 19.02.050,
7 Definitions, is hereby amended to add the definition of "Emergency Shelter" to read as follows:
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19.02.050
DEFINITIONS
Emergency Shelter. As used in Government Code Section 65582, 65583, and 65589.5
(Senate BiIl-2), and as defmed in Health and Safety Code Section 50801(e), "emergency shelter"
means housing with minimal supportive services for homeless persons that is limited to occupancy of
six months or less by a homeless person. No individual or household may be denied emergency shelter
because of an inability to pay. Also referred to as a "homeless shelter", "homeless facility", or "social
service center with a residential component."
Section 3.
San Bernardino Municipal Code (Development Code) Section 19.08.020, Table
08.01, Industrial Districts List of Permitted Uses, is hereby amended to allow Emergency Shelters as
a permitted use, requiring a building permit in the Emergency Shelter Overlay District of the IL,
Industrial Light, Land Use District pursuant to Development Code Chapter 19.1O-E, see Exhibit A,
attached hereto and incorporated herein.
Section 4.
San Bernardino Municipal Code (Development Code) Chapter 19.IO-E.
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Emergency Shelter Overlay District, is hereby added to read as shown on Exhibit B, attached hereto
and incorporated herein.
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Section 5.
Pursuant to the requirements of Senate BiJl2, the Mayor and Common Council
hereby direct the Development Services Department to implement a program to amend the City's
zoning ordinances to meet the requirements of Government Code Section 65583(a)( 4)(A) within one
year of the adoption of the City's revised Housing Element of the General Plan.
Section 6: This Ordinance is based upon the recitals and findings set forth above, and the
accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the
authority granted to the City of San Bernardino in Article II, Section 7 of the California Constitution,
and Sections 31, 40(z), and 121 of the Charter of the City of San Bernardino and California
Government Code Section 65858.
Section 7:
Pursuant to Sections 31 and 121 of the Charter of the City of San Bernardino
and Government Code Section 65858, this Ordinance shall take effect immediately. This Ordinance
shall be of no further force and effect 45 days from its date of adoption unless extended by action of
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the Mayor and Common Council.
Section 8:
Compliance with the California Environmental Quality Act. The Mayor
and Common Council finds that this Ordinance is not subject to the California Environmental
Quality Act (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity
is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly.
Section 9:
Severability. If any section, subsection, subdivision, sentence, clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or
ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
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effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and
Common Council hereby declares that it would have adopted each section irrespective of the fact
that anyone or more subsections, subdivisions, sentences, clauses, or phrases be declared
unconstitutional, invalid, or ineffective.
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AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
2 SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.02.050,
19.08.020, TABLE 08.01, AND ADDING CHAPTER 19.10-E, EMERGENCY SHELTER
3 OVERLAY DISTRICT, TO PERMIT EMERGENCY SHELTERS WITH APPROVAL OF
A BUILDING PERMIT WITHIN AREAS OF THE IL, INDUSTRIAL LIGHT, LAND USE
4 DISTRICT LYING SOUTH OF 3RD STREET, EAST OF WATERMAN AVENUE AND
5 NORTH OF CENTRAL A VENUE, DECLARING THE URGENCY THEREOF, AND
TAKING EFFECT IMMEDIATELY.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
8 Council of the City of San Bernardino at a it regular meeting thereof, held on the20th day of
9 October
, 2008, by the following vote, to wit:
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Q~ , 1. h _ CJ...wJc..
Rachel Clark, City Clerk
The foregoing Ordinance is hereby approved this ;l / '~ay of Oc tober
,2008.
CKJ. MO
of San Bernardino
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JAMES F. PENMAN
27 City Attorney
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EXHIBIT A
CHAPTER 19.08
INDUSTRIAL DISTRICTS
19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND
CONDITIONALLY PERMITnm USES
The following list represents those primary uses in the manufacturing/industrial zoning districts
which are Permitted (P), subject to a Development Permit (0) or a Conditional Use Pennit (C):
TABLE 08.01
INDUSTRIAL DISTRICTS LIST OF PERMITTED USES
MC 888 12/6/93
LAND USE ACTMTY CH OIP IT.. m IE
1. Accessory structures/uses typically appurtenant to a D D D D D
principally permitted land use activity;
2. Agricultural Production-crops; D D
3. Agricultural Services; D D D
4. Assembling, cleaning, manufacturing, processing, D DJ D D
repairing or testing of products including automotive
related (except dismantling) and welding and excluding
explosives, conducted entirely within an enclosed structure
except for screened outdoor storage areas;
5. Assembling, cleaning, manufacturing, processing, repair of D D
products, research, storage, testing or wholesale land uses
(except explosives) with a portion of the operation (other
than storage) occurring outside of the enclosed structure:
A. Outside land uses in the CH and IH districts within
ISO feet of a residential land use district; C C
6. Concrete batch plants, processing of minerals and C C
aggregate and other related land uses, not including
extraction activities;
7. Crematory; D D D
8. Dwelling unit for a full-time security guard and family; D D D
9. Educational Service, including day care; 0 D 0 C
10. Emer2encv Shelters ...f'
II. EntertainmentlRecreational Uses:
~ A. Adult Entertainment C C
B. Auditoriums, Convention Halls and Theaters C C
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LAND USE ACTIVITY CD OIP IL IH IE
C. Miscellaneous Indoor; and D C D D
D. Miscellaneous Outdoor C C C C
12. Financial; D D
13. Fuel Dealers; C C D
14. Funeral ParlorsIMortuaries; D D D
IS. Gasoline Service Stations; D D D
16. HeliportslHelipads; C C C C C
17. Impound Vehicle Storage Yards (with or without towing) C C D
18. Membership organizations, including religious facilities, D D D
meeting halls, and fraternal lodges;
19. Mining/Extraction, including aggregate, coal, gas, metal C
and oil;
20. Mobile Home Dealers (sales and service); D D D
21. Offices/Services (administrative and professional); D D D
22. Outdoor contractor's, lumber, and rental yards and storage D D D D
areas for building supplies;
23. Outdoor Horticultural Nurseries; D D D D
24. Parking Lots; D D D D D
25. Personal Services; D D' D'
26. Pipelines (As defined by Section 19.20.030[12][E] or as C C C C C
superseded by State or Federal law);
27. Public utility uses, distribution and transmission D D D D D
substations and communication equipment structures;
28. PublishinglPrinting Plants; D D D D
29. Railroad Yards; D
30. Recycling Facilities; (In compliance with Section
19.06.030[2][P])
31. Research and Development, including laboratories; D D D D
32. Retail Commercial; D D' D'
33. Salvage and Wrecking (dismantling) yards; C C
34. Salvage and Wrecking Facilities (completely within an C C C
enclosed structure);
35. Social Service Centers; C'
36. Swap Meets; C C C C
37. Towing Services; D D D
38. TransportationlDistribution; D D D
39. Truck Stops; C C
40. Veterinary Services/ Animal Boarding; D D
41. Warehousing and Wholesaling, including self-service D D D
-.... mini-storage; and
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LAND USE ACTIVITY CD OIP II. m IE
42. Other
A. Antennas, Satellite and Vertical; D D D D D
B. Cleaning/Janitorial; D D D
C. Copy Centers/Postal Service CenterslBlueprinting; D D D
D. Equestrian Trails; P P P P P
E. F ences/W ails; D D D D D
F. PolicelFire Protection; D D D D D
G. Single-Family Residential P P P P P
(Existing - MC 823 3/2/92); and
H. Temporary Uses (Subject to [T] Temporary Use Pennit) T T T T T
'Except auto related.
~Pennitted in the Emer2encv Shelter Overlav District in the II. District OUTSuant to Chaoter 19.10-E._
, Incidental to a primary use, and contained within a primary structure (15% max.).
'Commission recommends to Council for final determination.
Other similar uses which the Director finds to fit within the purpose/intent of the zones, in compliance
with Section 19.02.070(3).
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EXHIBIT B
CHAPTER 19.10-E
EMERGENCY SHEL TER OVERLAY DISTRICT
19.10-E.OI0 PURPOSE
The ouroose of this chaoter is to provide for an area within the IL. Industrial Light land use
district. as referenced in Table 08.01 of Chapter 19.08. where emergency shelters. in accordance
with Government Code Section 65583. are allowed as a oennitted use without a conditional use
oermit. or other discretionarY permit. Recoenizinl!: the need for available and affordable sites for
establishment of emerl!:encv shelters uses outside the traditional locations in residential and
cornmercial districts. the Emerl!:encv Shelter Overlay District orovides an area within the IL
district for new emergency shelters to be intel!Tated with light industrial uses and existinl!: social
services in the area. The oumose of the desil!Ilated boundaries (area of aJl1llicabilitv) is to
maximize the ootential for coooeration and svnerl!:V of emergency shelters and social services in
the Emerl!:encv Shelter Overlav District.
19.10-E.020 AREA OF APPLICAIULITY
The Emerl!:encv Shelter Overlav District shall aoolv to the IL. Industrial Lil!:ht land use district
lYing east of Waterman Avenue. south of 3rd Street and north of Central Avenue. All land use
rel!:ulations and develooment standards for industrial uses in theIL District as soecified in Chaoter
19.08 shall remain in effect. The effect of the Emerl!:encv Shelter Overlav District shall be to
derme the area of aoolicability where emerl!:encv shelters shall also be permitted with the aporoval
of a buildinl!: oennit. and to add I!:eneral and soecific development standards for emerl!:encv
shelters within the IL land use district.
19.10-E.030 GENERAL PROVISIONS
I. Emerl!:encv shelters located within the Emerl!:encv Shelter Overlav District shall be
develooed and ooerated accordinl!: to the land use rel!:Ulations. development standards and
desil!:ll l!:Uidelines for the IL District in this Chapter 19.10-E and in Chapter 19.08
Industrial Districts.
2. Emergencv shelters shall be permitted with the aooroval of a building permit within the
Emerl!:encv Shelter Overlav District as specified in Table 08.01 in Chapter 19.08.
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19.10-E.040 DEVELOPMENT STANDARDS
I. The followinl! standards shall mnlv to the develonment of SDecific emerl!encv shelters
within the Emerl!encv Shelter Overlav District:
A. EMERGENCY SHELTERS
Emerl!encv shelters. nrovidinl! temnorarv housinl! and suvport services to homeless
nersons. shall be nermitted in the Emerl!encv Shelter Overlav District of the n...
Industrial Light land use district. subiect to the staDrlards in this Section. As social
services with residential components. emergency shelters are also conditionallv
nermitted in several residential and commercial land use districts and throughout the
n... Industrial Lil!ht land use district. The followinl! standards shall be required for
develonment or establishment of emergency shelters in the Em~encv Shelter
Overlav District:
(!) The maximum resident capacity shall be 50:
(2) The maximum lemrth ofstav shall be 6 months:
(3) The minimum site area shall be one acre:
(4) The site shall be located no more than 1.000 feet from a public transit ston:
(5) No emergency shelter shall be established on any site less than 500 feet from any
existinl! sinl!le-familv residence. K-12 school. nark. lieuor store or other business
with an Alcoholic Beverage Control license to sell alcohol for off-site
consumntion. or adult business per Section 19.06.030 (2)( A)( 1 ):
(6) No emerl!encv shelter shall be established on any site less than 300 feet from the
site of another emergency shelter:
(7) Off-street narking shall be nrovided at a ratio of one space ner 1.000 seuare feet of
gross floor area. or one space for each employee on the larl!est shift plus one space
for each agency vehicle nlus three visitor spaces. whichever is l!1'eater:
(8) Fencing and exterior lil!htinl! conforminl! to the develovment standards of Chapter
19.20 shall be required to ensure the security of site residents:
(9) A security and manal!ement nlan shall be reeuired to demonstrate adeauate nlans
and capability to onerate the emerl!encv shelter in a safe and effective manner.
includinl! comnlete descriptions of the following:
(a) Fencing. lightinl!. video cameras. and any other nhvsical imnrovements
intended to provide or enhance security for residents and staff:
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(b) Stamm! DIms. includim! the aualifications and resoonsibilities of all staff
members and the number and oositions of emolovees on each shift:
(c) Procedures and Dolicies for screenim! of ootential residents to identi(y
individuals who should be referred to medical facilities. residential care
facilities. other service a!!encies or law enforcement:
(d) Plans and Dolicies for dailv ooerations and supervision of residents:
(e) Suooort services to be offered to residents. includin!! life skills training.
counselin!!. referral to other service a!!encies and iob olacement assistance:
(f) Plans to coordinate services of the facility with other homeless service
Droviders in San Bernardino County. to imorove the effectiveness of the
network of a!!encies servin!! the homeless. countywide.
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__} SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION
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CASE:
AGENDA ITEM:
HEARING DATE:
WARD:
Conditional Use Permit No. 08-21
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September 16, 2008
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OWNERS:
Faith Temple AP Ministries
840 N. Sierra Way
San Bernardino. CA 92401
909.215.8683
ARCHITECT:
Doug Schultz
570 E. LaCadena Dr.
Riverside, CA 92507
951.686.3344
APPLICANT:
Garnett Newcombe
Human Potential Consultants. LLC
500 E. Carson Plaza, Dr., No. 127
Carson, CA 90746
310.756.1560
.REQUESTILOCATlON:
A request to convert an existing 6,747 square foot church building into a 56-bed homeless shelter
with related support facilities and office space. The project site is located at 840 North Siena
Way, in the RM, Residential Medium Land use district.
CONSTRAINTS/OVERLAYS:
None
ENVIRONMENTAL FINDINGS:
o Not Applicable
Iil Potentially Exempt from CEQA, ~15301- Existing Facilities
o No Significant Effects
o Potential Effects, Mitigation Measures and Mitigation MonitoringlReporting Program
STAFF RECOMMENDATION:
o Approval
o Conditions
Iil Denial
o Continuance to:
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CUP No. 08.2/
September /6. 2008
Page 2
PROJECT DESCRIPTION
The proposal is a request for approval of a Conditional Use Permit under the authority of
Development Code S 19.36.050 and S 19.04.020 Table 04.01(1)(1) to establish a 56-bed homeless
shelter. Conditional Use Permit No. 08-21 proposes to convert an existing 6,747 sq. ft. church
building into an adult homeless resource center with 56 beds. a kitchen, dining room, common
area, showers, restrooms and offices. The project site is located at 840 North Sierra Way, on the
west side of Sierra Way, approximately 150 feet north of 8th Street in the RM, Residential
Medium land use district ~Attachments A & B).
The applicant proposes a homeless facility that would accommodate homeless men and women,
aged 18 - 59. The proposed interior improvements would include dormitory style bunk beds with
48 beds for men in an area of 1,847 square feet and 8 beds forwomen in an area of350 square
feet. Individual lockers would be provided for storage of personal belongings in the men's area
The remaining floor space would be converted into common living areas, administrative, and
support service spaces. Although the site plan does not show that perimeter fencing would be
installed, the applicant has stated that the proposed facility would be gated, with wrought iron
security fencing, 6 feet in height.
Potential residents would be screened to select only candidates that could benefit from intensive
training in a drug-free environment. The enrichment program would include career readiness
training and independent living skills. Residents would be supervised at all times, and would not
be permitted to bring personal vehicles to the site. The maximum stay would be 6 months. The
proposed facility would be a 24-hour operation with 16 employees, working in three shifts.
Business hours would be Monday through Friday from 8:00 a.m. to 5:00 a.m. The applicant's
detailed program description is attached (Attachment C).
SETTING/SITE CHARACTERISTICS
The project site consists of two parcels, approximately 1/2 acre in total area,. and is developed
with an existing 6,747 square foot church. Abutting the site to the west, north, and south are
residential properties in the RM, Residential Medium land use district. Directly across Sierra
Way to the east, in the RMH, Residential Medium High land use district, there are single-family
residences facing the site. Pioneer Memorial Cemetery is also located to the east in the PF,
Public Facility land use district. Approximately ISO feet to the south, at the southwest comer of
Sierra Way and 8th Street is a site designated by the San Bernardino City Unified School District
for construction of a new elementary school. Construction is planned to begin in 20 II.
BACKGROUND
The DevelopmentlEnvironmental Review Committee (DIERC) first reviewed this proposal on
June 19, 2008. The DIERC expressed concerns about potential incompatibility of the proposed
facility with the surrounding neighborhood. The Police Department expressed strong concerns
about security and management of the facility and its potential impacts on the surrounding
neighborhood, including the future elementary school. The project summary provided with the
application materials was not adequate to address the concerns of the Police Department.
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After the initial review and discussion with the D/ERC, the applicant indicated a willingness to
work with local non-profit social service agencies to plan for coordination of services and
potentially to seek a more suitable site. The applicant also stated that although initially proposed
as a men's facility. the project description and facility plans would be modified to accommodate
homeless women as well. Pending plan revisions and potential selection of an alternative site, the
project vvas continued for revisions. On July 1,2008, the applicant submitted rev'ised plans and a
revised project description and requested that Conditional Use Permit No. 08-21 be moved
forward for consideration by the Planning Commission. On July 31,2008, the D/ERC reviewed
tile reVised plans and moved the item to the PlaIU1ing ConU1Jission for a public heai'ing.
There are several non-profit social service agencies in the City of San Bernardino now,
coordinating their services to provide a safety net and a network of resources for assistance and
rehabilitation of homeless individuals. A representative of this coalition attended the first D/ERC
meeting and invited the applicant to join with the other service providers to participate in this
network. The applicant was willing to cooperate, but also stated that Human Potential
Consultants is a for-profit business that would have different operating procedures.
On August 13, 2008, staff from the Planning Division and two representatives from the Police
Department met with the applicant. The Police Department asked questions of the applicant on
the proposed security plan, resident screening criteria, staffing and management. There was a
lengthy discussion of the proposed facility and its potential impact of increased demand for
Police Department services. On September 10, 2008, the Police Department submitted written
comments to state concerns about compatibility of the proposed facility with the surrounding
neighborhood and potential impacts of the project on public safety (Attachment Dj.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The project is potentially exempt from CEQA under 915301, as a minor alternation to an existing
facility. This exemption is only applicable if approval of the project would clearly not result in
potentially significant environmental impacts. The physical impacts of converting the existing
structure would be very minimal, but the proposed use of the building might create a significant
land use conflict. In that case, the use would not be consistent with the General Plan and would
not qualify for exemption from CEQA due to the potential significance ofland use impacts.
ANALYSIS
Staff has serious concerns about the compatibility of the proposed project with the surrounding
neighborhood. At the D/ERC meetings, the applicant 'explained some of the location criteria
utilized to select the site. The open spaces of Seccombe Lake Recreation Area and Pioneer
Cemetery and the underutilized and vacant commercial properties to the south attracted the
applicant to the subject neighborhood, due to the limited potential for land use conflicts with a
homeless facility. Unfortunately, the applicant was unaware of the new development projects and
redevelopment activities planned for the area that will change current conditions and revitalize
the neighborhood in a way that will probably conflict with a 56-bed homeless facility.
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Lincoln II Elementarv School: A new elementary school site is planned only 150 feet south of
the proposed project site, at the southwest comer of Sierra Way and 8th Street. The ground-
breaking for the future elementary school is scheduled for October of 2009. with a projected
constmction schedule of 16 - 18 months. The planned opening date for the school is August
2011. Construction of the new school is required to meet the needs of a growing student
population in the surrounding area. The San Bernardino City Unified School District submitted a
comment letter (Attachment E) that acknowledges the need to serve the homeless population and
does not recommend approval or denial of the project.
Planning staff also recognizes the critical need for assistance for the homeless population.
However, in this case the safety concerns arising from elementary school children walking past
the proposed project site on a daily basis on the way to school and back home again constitute a
potentially serious land use conflict. Daily "foot-traffic" by neighborhood children who mayor
may not be accompanied by adults would create a potential for negative interaction and adverse
impacts on public safety.
Seccombe Lake Residential Village: In recent years, the Economic Development Agency has
been collaborating with private sector partners to create a plan to revitalize the Seccombe Lake
area, including development of a new residential component of the project area, along 7th Street,
between Sierra Way and Waterman Avenue. This redevelopment project will feature distinctive
new residential units and a 52,000 square foot retail village. Significant enhancements to the
Seccombe Lake recreation area are also planned. Congregation of homeless individuals tends to
cause adverse effects such as increased loitering, vandalism, blight, noise, tresspassing, crime,
and property maintenance problems that already exist in the area. Introduction of a new homeless
resource center in the neighborhood would tend to attract more transients to the area. Also, the
proposed 6-foot wrought iron enclosure of the site would project a lock-down appearance that
would not be attractive to potential new residents of the Village.
The Police Department participated in the technical review of the project and has expressed
strong concerns about the potential impact the proposed facility would have on Police
Department resources in the service area. There is currently a high concentration of parolees in
the subject area. and other conditions that already create challenges for the Police Department to
patrol and protect the area surrounding the project site. Based on experience with similar existing
facilities in the City, the Police Department does not recommend approval of a 56-bed homeless
facility at the proposed location. Please see Attachment D for details.
FINDINGS OF FACT
1. The proposed use is conditional(v permitted within the subject land use district and complies
with applicable provisions of the Deve/opment Code. bllt the project may impair the integrity
and character of the subject land lIse district.
A homeless shelter is permitted in the RM, Residential Medium land use district, subject to
approval of a Conditional Use Permit. As discussed in the Analysis section of the staff report,
there is a high likelihood that the proposed homeless facility would impair the integrity and
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CUP No. 01<-2/
September J 6. 2008
Page 5
character of the surrounding residential neighborhood where the project is proposed. In addition
to the potential security issues surrounding activities of the residents, the institutional nature of
the 56-bed 24-hour facility would not be compatible with typical dark, quiet evening hours in a
residential neighborhood. The proposed 56-bed homeless facility with 16 employees working on
3 shifts would disturb the existing peace and harmony of the surrounding residential
neighborhood in the RM. Residential Medium land use district, especially for the single-family
residences facing the facility.
2. The proposed use is not consistent with the General Plan.
Establishment of the proposed use at the proposed location would not be consistent with Goal 2.2
of the General Plan, which requires promotion of "development that integrates with and
minimizes impacts on surrounding land uses." Also, Policy 2.2.10 states "the protection of the
quality of life shall take precedence during the review of new projects. Accordingly, the City
shall utilize its discretion to deny or require mitigation of projects that result in impacts that
outweigh benefits to the public." These two provisions of the General Plan emphasize the
importance of land use compatibility and protection of the quality of life in existing
neighborhoods. The proposed 56-bed homeless facility would require 24-bour staffing and would
generate increased activity from residents, visitors, and social service staff at all hours. The
intensified activity level proposed for the project site would be a nuisance to adjacent residents
and would degrade the quality of life in the existing neighborhood. These conflicts indicate
inconsistency of the proposed project with the General Plan.
3. Approval of the Conditional Use Permit for the proposed use may not comply with the
requirements of the California Environmental Quality Act and Section 19.20.030(6) of the
Development Code.
The review of this project has complied with the requirements of Development Code
S 19.20.030(6). The project would utilize an existing structure in an urbanized area Therefore, it
would potentially be exempt from CEQA under Section 15301, for minor alterations to existing
facilities. However, if the project is determined to conflict with the General Plan, then there
would be a potential land use impact requiring further environmental analysis and possibly
mitigation measures to comply with CEQA.
4. There will be no potentially significant negative impacts upon environmental quality and
natural resources that could not be properly mitigated and monitored.
No significant physical impacts to the project site are anticipated. The site is an eXlstmg
developed religious facility, located in an urbanized area. Re-use of the existing building would
not have a significant effect on the natural environment or natural resources. However,
introduction of 56 individuals who are likely to have behavioral problems into the existing
residential neighborhood surrounding the project site could result in significant negative impacts
on the quality of the living environment in the neighborhood.
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CUP No. 08-~1
September 16. 2008
Page 6
5. The location. size, design, and operating characteristics of the proposed use are compatible
with the existing and future land uses within the general area in which the proposed use is to
be located and will not create significant noise, traffic or other conditions or situations that
may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the
public interest. health. safety. convenience, or welfare of the City.
The proposed project site presents several issues of land use compatibility that would affect the
quality of life in the surrounding residential neighborhood. The 24-hour operating characteristics
of the proposed use would not be compatible with existing and future residential land uses that
generally enjoy quiet at night. The proposed project requires nighttime activity that would
introduce objectionable nuisances of traffic, noise and light in the neighborhood. The project also
presents potential security issues for children at play in the Seccombe Lake recreation area or for
children walking to and from the future Lincoln II Elementary School, only 150 feet from the
project site. These nuisance effects of the project and potential security problems would be
adverse to the public interest, health, safety, convenience and welfare of the City.
6. The subject site is not physically suitable for the proposed type and density/intensity of use.
As discussed in the other findings addressed in this staff report, the intensity of a 56-bed
homeless facility is likely to have negative impacts on the surrounding residential neighborhood.
The 6,747 sq. ft. building on approximately Y, acre is not much larger than the typical single-
family residential properties in the area. Based on the experience of the Police Department with
similar facilities, the site does not have adequate area or other provisions necessary to contain
and avoid potential negative impacts of the project on the surrounding neighborhood. Therefore,
the site is not physically suitable for operation of a 56-bed homeless facility.
7. There are adequate provisions for public access, water, sanitation, and public utilities, but the
potential increased demand of the prop()sed project on public services may be detrimental to
public health and safety.
Adequate provisions for public access and public utilities exist at the project site. All necessary
urban services exist in the area, and most services are available to serve the site adequately.
However, as stated in the Police Department memo in Attachment D, the proposed project may
introduce land use conflicts and security problems to the existing neighborhood, which would be
detrimental to public health and safety.
CONCLUSION
The proposed project could provide a valuable service to people in need, but the potentially
significant land use conflicts and public safety impacts of operating the proposed use at the
proposed location outweigh the potential benefits. Due to the potential adverse impacts of the
project on the surrounding neighborhood, as discussed in this staff report, the project does not
satisfy all Findings of Fact required for approval of Conditional Use Permit No. 08-21.
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RECO:\I:\IE1\'DA nO1\'
Staff recommends that the Planning Commission deny Conditional Use Permit ~o. 08-21 based
on the Findings of Fact contained in the Staff Report.
Respectfully Submitted.
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Valerie C. Ross
Director of Development Services
~-
Aron LIang
Senior Planner
Attachment A Location Map
Attachment B Site Plan, Floor Plan and Elevations
Attachment C Human Potential Consultants, LLC Business Plan
Attachment D Police Department Memorandum
Attachment E Letter from San Bernardino City Unified School District
Attachment F Letter of Opposition From Jesses and Rebecca Gutierrez
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ATTACHMENT A
CITY OF SAN BERNARDINO
LOCATION MAP
PLANNING DIVISION
HEARING DATE: 09/16/2008
PROJECT: CUP 08-21
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ATTACHMENT C
HUMAN
POTENTIAL
CONSULTANTS
"Your Link to a Better Future"
.lUll..' ; l). :I)!);-.)
De\dopmenta\ Services Department
300 :\orth "D" Street
San Banardino. C\ 9~..18-000 I
S\ 'BJECT:
Background on Human Potential Consultants and Analysis of the
Proposed Adult Homeless and Resource Center
ABOlT lS
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Eqahlished in 1997. Iluman Potential Consultants. LLC I HPC I is certi Ikd hy the I' S,
Small Business ..\dI11ini,trmion as a Small Disad\antaged l3usiness and Stall.inn: the
State c)f Cali fC1I'nia Small Business and Los Angeles County Small Business Enterprisl'.
Headyuarlers in Carsun, CA. HPC was originally founded as an "alternati\e rt'SIHln:e" t,'r
the One-Step Centers throughout Los Angeles County. As a result uf an impec,..hk
reputation throughollt the nation for building local economies through long-term .i"hs
within the ccmlmunities where their respective proje\;(s are located. I-IPC hegailt" ,'~pan,1
Int" the realm "f managing workforce centered projects and outplacement s~nlCes fix
displaced employee,,: Cldministrati\e support stafting sen ices: and adult edm;atiunal and
,)ecupational residential centers.
SDL\IARY DESCRIPTIO:\" OF PROGRAM
The proposed Adult Humeless and Resource Center should nllt be cllnfuscd \\ ith a drug
treatment or drug rehabilitation center. On the other hand. the .\dult Homeless and
Resuun;e Center is a residential training and employmentllppc'rtunit\ that addres,es the
multiple harriers of employment e~pericnccd by adults. \\ho lack cdllcatll1l1 ,md
\{l~~IlIPl1al skill..;
fll'l",. \dult I hlI11ckss and Re,,'urcc Centcr shall pl'l"'idc,, c"mpr,'hcllsi\ c ,'arccr
J~\\.:jOplll~IH ~~n.ic....:, to r~siJt:nb induJing ~h.:~Ii.kmil.'. s'h..:ial and ind....p....lldI.:IH li\ ing
skills. (ar!':~r r\"';h.lill~SS training and oth~r ~lIppOl:ti\...., :'\....ryi(t:s. Th~ unique amalgamati\lI1:"l
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500 Uarson Plaza Or;,.. 5uite 127 . Carson, CA 90746 . III 10) 756.1560 . EI31O)756.1561 . info@hpcemploymenl.org
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HPC ,\nal:si:-. l)fl!lc- Prnpo~~d Adult HOIl1~I~ss &. R~sourc~ C~nler
Page: :!
6 19 2u08
of car~er oriented s~nices arc tailored to each resident's necd: thc skillmi~ture shall
allo\\ each resident to maintain a job.
The C \..'nk!' ~h~!!! rrr~\'ide th~ follo\\'ing sen'ices in a drug free t.'!nironment:
. Social. cmployability and liYing skills training:
. Career counseling and other support services. which are tailored to each resident's
need:
. Academic enrichment. which prepares residents for long-term sustainability In
today's labor market.
The Center shall provide care and supervision to adults (18 - 59 years of age) on a long-
term basis (up to 6 months un continual residency).
ADL L T HOMELESS AND RESOURCE CENTER OPERA no:\s
e)
The Center will consist of 16 total employees of whom six or seven will be case
managers and/or administrative employees working the usual Monday - Friday 8:00 am
to 5:1l0 pm workday, The remaining nine employees will work three shitis a day to
SUPP0l1 the 24-hour operation.
SECURITY
Access to the lobby will be tightly monitored and controlled by staff. An intercom with
an enunciator shall be provided to notify staff that someone is waiting,
The dormitory areas will be constantly monitorede E~terior door alarms \\ illbe provided
to prc\ent the entrance and e~it of anyone.
Technologically advanced security cameras shall monitor the entire e~terior parameters:
additional lighting will illuminate the exterioL
I"TAKE. REGISTRA nON AND El\ROLLMDiT
The number of residents shall not exceed 56 at any line timc and all residents \\ ill be
dropped-off and picked-up by means ofHPCs transportation (.kpartm~nt.:--Io residents
shall be permitted to arrive or depart via their own \ehicle.
The Center shall perform a comprehensive intake evaluation on all aspiring residents. If a
resident is not deemed prepared for intensive academic enridltl1ent. thcy shall discontinue
their participation.
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HPC ..\l1al~sis l1flh~ Prop\ls~d Adult Hom~lt:ss & Rc:sourcr;:' C~nler
Pag( ~
6 192008
DORMITORY
TABLE I
Dormiton Contiuuration,
Individuals per room Sq.FI per
Individual
2 people In a room 50 70
3 people In a room 30 90
4 people in a room (dormitory style) 27.5 110
Typical living quarters will provide adequate number of functional. clean. full service
bathrooms such as: toilets/urinals (1: I 0); sinks (1: 10) and showers (I :20). A recreational
room for studying. writing. reading and viewing television shall be provided.
Accessible living quarters shall be provided to persons with a disability in accordance
with the Americans with Disabilities Act.
KITCHE:\/DINING
)
A central kitchen and dinning facility will provide meals and snacks for residents. The
Jining room will be til!'llisheJ with round tables intended to encourage l'lI11ily-style eating
and interactions.
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GARNET""'" NE'v"'::JMBE. CE::
HUMAN POTENTIAL CONSULTANTS, LLC
500 E. Carson Plaza Drive, Suite 127
'\ Carson, CA 90746
..JT 310.756.1560
, F.310.756.1562
www.hpcemployment.org
Summary description of program for the HPC's project, per Mr. Lian9s Request,
Listed below are the additional details/clarifications on the Program.
1. Is there a "wake up call" and a "sleep time" for all 56 residents? Yes.
Table 1. 'Wake up call" and "Sleep" Schedule
I DAILY SCHEDULE
r \10NDA Y .FRIDA Y I SATURDAY SUNDAY
I 6:00 A.\1. - ! 8:00 A.\1. - 8:00 A.M.-
! Wake up I Wake up Wake un
! 10:30 P.\1, - 112:30 P.M,- 12:30 P.M.-
! Lights Our i Lights Out I Lights Out ,
2. Provide a typical daily supervision schedule/activity for a resident
from 7:00 a.m. to 6:00 p.m. (SEE TABLES 2 AND 3)
)
Table 2. Typical Supervision Schedule 6 a.m. to 6:00 p.m.
Time of Day Case Managers Resident Assistants Administration
1 Shift 1st Shift I 2" Shift 3" Shift '1" Shift .
6:00 A.M. , 3 I 3
7:00 A.M. 3 1
8:00 A.M. 5 3 1
9:00 A.M. 5 3 I 1
10:00 A.M. 5 3 1
II:OOA.M. 5 3 1
12:00 P,M. 5 3 , 1
I:OOP,M. 5 I 3 1 1
2:00 P.M. 5 ! 3 I 1
3:00 P.M. 5 3 I 1
! Shift Chan~e
4:00 P.M. 5 13 1
5:00 P.M. 5 13 1
6:00 P.M. 13
Weekday Daily Supervision Staff Schedule
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Table 3. Typical Activity Schedule for Residents
DAILY SCHEDULE
, SA TL 1li)A Y
I 8:00 A.M. - Wake up
18:30. Breakfast
9:30. Resident Meeting
10.1 1:30 . Prograllunmg
112:00 P. M. - Lunch
II 1 :00.3:00. Visiting
4:00. Reflection
I 5 :00 . Dinner
I 6:00 .Recreation
7:00.9:00 -Group Meetings
8:00. Snack
12 :30 - Lights out.
~O"DA Y .FRIDA Y
I 6:00 A.M. - Wake up
I 7:00 . Breakfast
I 8:00 - Resident Meeting
8:30-11 :30 .Programmmg
: 12:00 PM. . Lunch
; 1: 00-4: 00 . Programming
: 4:00 . Reflection
5:00 . Dmner
16:00 -Recreation
7:00.9:00 - Group Meetings
; 8:00 . Snack
I 10:30 . Lights out
I 12:30 A.M (FRIDAY)
. SCXDAY
8:00 A.M. - Wake up
8:30 - Breakfast
9:30 -Resident Meeting
I 10-11:30. Programnung
112:00 P.M. Lunch
I 1:00-3 :00 - Visiting
4:00 -Reflection
i 5:UO -Dinner
16:00 -Recreation
7:00-9:00 - Group Meetings
, 8:00 - Snack
12:30. Lights out
3. Would the Program provide meal times for breakfast, lunch and dinner?
Provide times for breakfast, lunch and dinner. Yes. (See table below)
Table 4. Meal Schedule
MEAL SCHEDULE
~ONDA Y .FRIDA 'I' SATURDAY SUNDAY
6:00 A. M. - Breakfast 8:30 A. M. - Breakfast 8:30 A. M. . Breakfast
12:00 P.~ - Noon Lunch 12:00 P.M. - Noon Lunch 12:00 P.M. - Noon Lunch
I 5:00 P.M. Dinner 5:00 P.M - Dinner 5:00 P.M - Dinner
I 8:00 P.M. Snack 8:00 P.M - Snack 8:00 P.M - Snack
4. Can a resident have a visitor? Yes. (See table below)
Table 4. Visitor Schedule
VISITOR SCHEDULE
MOl\'DAY .FRIDA 'I' SATURDAY TSUNDAY
NO VISITORS 1:00 - 3:00 P.M. 1 :00-300 P.M.
5. Can a resident leave the premises? How?
Yes. Residents will have a Day Schedule that details the purpose for leaving the
premises for DMV appointments, Doctor Visits, additional vocational training,
Work related Activities, Community Resources, etc. Each of these activities are
within each residents customized plan derived from their assessments.
2
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6. HPC's transportation department-
A) How many vehi~les available to service all 56 residents?
HPC has 3 vans available to service all 56 residents.
B) Is there a designated emergency vehicle?
No. In those instances of an emergency, HPC's policy is to call 911
C) Would the vehicles be parked on the project site?
One Vehicle will be parked during the day on the project site.
7. Provide detail work hours for the three shifts to support the 24-hour
operation. Starting & ending hours per shift?
Table 2. Detail Work Hours for 3 Shifts to support the 24-hour Operation.
Weekday Daily Supervision Staff Schedule
Time of Dav ! Case ~Ianagers I Resident Assistants I Administrative
J
. :
, Staff
! I Shift 1st Shift 2"' Shift 3" Shift I" Shift
6:00 A.M. : 3 3
7:00 A.M. , 3
, 8:00 A.M. 5 3 1
! 9:00 A.M. 5 3 1
I 10:00 A.M. 5 3 1
II:OOA.M. 5 3 1
i 12:00 P,M, 5 3 1
I:OOP.M, 5 3 1
I 2:00P.M. 5 3 I
, 3:00 P.M. 5 3 1
Shift Chan..
4:00 P.M. 5 3 1
5:00 P.M, . 5 . 3 1
6:00 P.M 3
7:00 P.M. 3
: 8:00 P.M. 3
i 9:00 P,M. 3
10:00 P.M. !3
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I Shift Chan..
, 12:00 A.M. ! 3
I 1:00 A.M. 3
2:00 A.M. 3
3:00 A.M. 3
4:00 A.M. 3
, 5:00 A,M. ! 3
16:00 A.M. I 3
8. The Center provides care and supervision to adults on a long term basis
(up to 6 months on continual residency) - Is 6 months the maximum length
of stay?
Yes. An extension may be allowed, on case by case basis.
J
3
J
J
-'
CONDITIONAL USE PERMIT NO. 08.21
Mr. Liang,
The security plans per your request:
Security and containment of the facility begins with the mindset of security and
awareness by all staff. HPC plans to provide training. Such training includes:
offender discipline, emergency plans, staff integrity and ethics,
accountability and security procedures, offender searches and signs of suicide
and suicide precautions, basic first aid, universal precautions among other
courses.
Twenty-four hour Monitor observation and intervention, use of cameras and are
critically located through out the center to provide for safety of the external
and internal community. HPC has deployed camera placement and use
throughout its current residential facilities. Cameras are strategically placed to
monitor offender activity in areas of concealment from easy pubic view such as
corners and alcoves, entrance, exit, and stairways. For constant observation
and early intervention of suspect behaviors two observations were included in
the estimate. For facility security, there are restrictions on visitation of
family members. Regulations for numbers and types of visitors, days and
number of hours per week of visitation, and conditions for disallowed visits are
defined in the HPC policy and procedure manual.
. \!JHPC HUMAN POTENTIAL CONSULTANTS, LLC
J 'f 'Your link 10 a Better Future'
500 E. Garson Ptaz3 Or.. Suite 127
Carson. Callforma 90 746
T. (310) 756.1560
F. (3101756.1562
www.npcemplOymCnl.org
August 13, 1008
Mr. Aaron Liang
Sr. Planner
Development Services Department
City of San Bernardino
300 North "D" Street
San Bernardino, CA. 92418
RE: Responses to Questions Raised by San Bernardino Police
Deparbnent on July 31, 2008 at the City of San Bernardino,
Development SelVice Deparbnent, Environmental Review Committee
)
Dear Mr. Liang:
Pursuant to the request from the San Bernardino Police Department, Human Potential
Consultants, LLC has provided a' response that is an addendum to our previous
information submitted to the aty of San Bernardino, Planning Department regarding our
Adult Education, Employment and Residential Center (AEERC) site.
Our SecuritY Plan addresses activities such as: site security, discipline/seizure,
disturbance control, facility containment/parking, search and seizure and emergency
evacuation procedures. HPC maintains for all its sites an operations manual that details
specific procedures and policies related to site operations. We have provided some
preliminary detail for our proposed facility site: Adult Education, Employment and
Residential Center (AEERC) at 840 N. Sierra Way, San Bemardino, CA. 92410.
The AEERC includes a program effective security plan that encompasses the installation
and use of six (6) securitY cameras in the following areas: a) Kitchen/Dining Stations,
b) Resident Living Quarters, c) Front Entrance and door, d) Side/Back Patio and door e)
parking area and the f) recreation room.
.",,-"
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The CV0204DVR (Digital Camera Video Recorder) is s feature packed digital video camera
recording system. This complete system comes with four outdoor cameras that can be
displayed all at the same time (quad view). AEERC has the capability of customizing the
recording and to set a 24- hour recording schedule based on preferences. The DVR may
record continuously during the day, then record only when motion is detected at night.
J
Each camera is equipped with night vision, so that security guards/monitors
can view and record in total darkness. The Digital Camera Video Recorder's list
of features and system operating materials are below.
. 4CH DVR w/ 160GB hard drive
. 4 0/67 Cameras
. 1 DVR Power Adapter
. 4 x 60ft RCA Video/power wire
. 4 Camera Power Adapter
. 5 BNC connectors
. RJ-45 Ethernet Cable
. Software Installation CD
. RCA to RCA Wire (male)
The AEERC will additionally use two Indoor Speed Dome (270x Day/Night) Zoom
cameras. The day/night high-resolution indoor speed dome with a super
Spherical pan/tilt will continuously rotate 360 degrees, records 24 hours with
automatic turn over .of 180 degrees. It has 27x optical and lOx digital zoom
capability, delivering 270x zoom power that captures the finest details. RS-485
Communication channels are available for remote control purposes and may be
programmed for 64 preset precise locations of target areas.
,)
The AEERC utilizes a Biometric Hand Punch - touch Station for facility inaressl
earess contral. computerized by a log system to capture resident sign in/out.
Case managers and guards/monitors use the hand unit to record resident time,
attendance, monitor and control building access and track program activities.
The system provides safeguardS against security threats and eliminates "buddy
punching". The unit is constructed of injection-molded plastic, lightweight with
a silicon rubber keypad and an internal lithium battery to keep time and calendar
in event of a power outage. There is no parking of resident vehicles at this
facility or loitering allowed and the AEERC will provide limited transportation for
common trips and off site storage. The facility will be gated, establishing a
controlled environment for educational and programming purposes. No,
drug/alcohol use is tolerated by homeless residents and surveillance is
maintained through ongoing and continued observation of resident
behaviors, searches, random testing, and is also based on the client
assessment, previous history, and current status in relation to substance abuse.
Overall, our guards/monitors will be uniformed, trained in all matters related to
emergency and disaster procedures outlined in our manuals.
)
AEERC-Conditional Use Permit No, 08-21
Human Potential Consultants. LLC
2
8/1312008
J
The AEERC Emeraency Evacuation Dlan and quarterly emergency drills will be
conducted and are fully documented to include date and time, evacuation path
used, number of staff participants, and visitors involved. The documentation of
the emergency drill will also include the amount of time to complete the drill, and
other pertinent comments. The drill will also include the testing of smoke
detectors. Fire drills will ensure familiarity with exits in an organized manner.
The following summary procedures will be documented and implemented at all
AEERC facilities:
A. Designation of Emergency Drill Coordinators
B. Diagrammed Emergency Drill Plan
C. Emergency Procedures
D. Drill Documentation
The AEERC has a written Disturbance Contral Plan (DCP) in the event of a
major disturbance at one of the AEERC sites. The plan shall include crowd
control procedures, steps for requesting after hours emergency transportation of
resident participants at temporary facilities, assistance from local law
. enforcement and/or emergency agencies as circumstances warrant.
~-)
The following summary procedures are documented and implemented at all
AEERC facilities:
A. Definition of Disturbance
B. Emergency Procedures Implementation and Monitoring
C. Notification Procedures for Disturbances /Intervention
D. Disturbance Resolution and Documentation
A copy of the disturbance report shall be maintained in the facility's central
administrative filing system, and a copy provided to the AEERC Project Manager.
The AEERC, Search and Seizure DOIiCY/Drocedures establish measures to
control the introduction/possession of contraband at the AEERC program site in
order to maintain a safe and secure environment for staff and resident
participants. Control is accomplished through searches of participants and
participant's living and common areas. Possession of contraband as will result in
disciplinary action and confiscation of the contraband.
The following procedures provide specific gUidelines for searches, including the
completion of appropriate reports and accompanying documentation.
)
'-
AEERC-Conditional Use Pennit No. 08-21
Human Potential Consultants. LLC
3
8/1312008
~ A.
B.
C.
D.
E.
Unauthorized Property/Illegal Contraband/lllegal Drugs and Controlled
Substance Defined
General Guidelines on Search and Seizure Policy and Authorized
Personnel
Fadlity Search Procedures.
Seizure Definition/Policy
Staff Reporting of Contraband
A copy of the contraband report shall be maintained in the fadlity's central
administrative filing system, and a copy provided to the AEERC Project Manager.
Guidelines pertaining to AEERC Residents' Proa........~ve DiscipliM..Poliev and
basic rules of conduct, and policies that address zero tolerance on alcohol and
. drugs use, fraternization, smoking and personal appearance and hygiene are
outlined on Sections B8 - B12 of the AEERC Handbook. Serious violations of
these rules may result in disciplinary actions that can lead to immediate
discharge from the program.
The AEERC Program shall classify reports of rule violations as Administrative Rule
Violations or Serious Rule Violations.
.J
A. Rule Violations Defined: Administrative or Serious
B. Disciplinary Methods: Counseling or Violation Report
C. Supervising Case Manager Review of Disciplinary Actions
A copy of the rule violation report shall be maintained in the facility's central
administrative filing system, and a copy provided to the AEERC Project Manager.
Human Potential Consultants, LLC has taken time and good faith measures to
ensure proper understanding, education and cooperation for proposed operation
of the AEERC for the benefit of the highly concentrated homeless population in
Ward 1 and Supervisor District 5 and for the city and county of San Bernardino,
California.
Sincerely,
JtuZf~
/ Garnett Newcombe
CEO
~
AEERC-Conditional Use Permit No, 08-21
Human Potential Consultants. LLC
4
8/1312008
City of San Bernardino
Sail Bernardino Police Departmenl
Interoffice Memorandum
ATTACHMENT 0
,~)
To:
Planning Commission
From:
Sergeant Ronald Maass, Central Dislrict Operations Supervisor
Subject:
840 N, Sierra Way
Date:
September 10, 2008
Copies:
-)
As of this date, the San Bernardino Police Department has not received a copy of an
actual Security Plan from Human Potential Consultants (HPC) or their representatives in
regard to the proposed facility at 840 N. Sierra Way. The last information received
referred in general terms to the existence of a plan, referenced in their operations manual.
The response mentioned the use of several security cameras, and referred to staff
members trained as "guards/monitors" who would be "trained in all matters related to
emergency and disaster procedures" as outlined in their manuals. Prior paperwork
provided by the applicants suggest that this training would be provided to all employees,
however, there do not appear to be plans for personnel whose primary function is security
as opposed to "cross-trained" in security related procedures.
We have previously received basic informatiqn as to the nature of the clients intended for
the facility. The basic information simply specified homeless or those in an "at risk"
environment with no history of "extreme" violence, no sexual registrants (PC 290), and
no history of arson. This basic guideline would allow for the inclusion of parolees in a
very high density. The applicants are proposing a 56 bed facility (48 males and 8
females) on a .45 acre site.
Given the paucity of information as to the potential client base, our office attempted to
identify any potential impact a 56 bed adult residential care facility might impose upon
police services to the surrounding community.
The applicants have managed smaller facilities in surrounding communities including
Riverside and Los Angeles County. One of these facilities in Riverside is limited to 24
beds and based upon information we have received suggests that it currently has 17
residents, all of whom appear to be parolees.
J
Our office also conducted a survey to identify and compare facilities within the city of
basically comparable size and generalized client base. There are no similar facilities
within the city at this time of a similar long-term residential nature. In the past, there have
been several converted apartment complexes that were opened as residential transition
TilE sap!) I~ (O~e,lrn'ED TO PRO\'lDING:
PR()(;RES:,I\"E 'JL'.\LITY P( >I.ICE SER\'ICE;
\ :'.\1"-: L:::\\'IRO:\~IE!'\T TO 1\IPR()\'E '1'1-11-.: <JL.\L1TY OF LIFE;
\ REDLTTIO:\ I;"; CRnlE TIIROCGH PROBLE~I Rr:COG!'rnO>-i :\,'\:D PROBLEM SOJ.\'I:-4G
Page 2
",,)
facilities for parolees. In each inslance, calls for service surrounding these facilities nOled
a distinct increase.
The neighborhood surrounding the proposed facility at 840 N. Sierra Way incorporates a
very high proportion of residential housing including small apartment buildings and
single-family homes. Many of the surrounding residents have expressed extreme
concerns regarding the nature of this facility and its proximity to their residences and
businesses.
There are plans to construct a new elementary school within one block of this proposed
facility. A second elementary school is 5 blocks west and another 5 blocks to the east. In
addition Seccombe Lake Park is also one block south of this proposed facility. These
public locations attract a high degree of juvenile foot traffic.
Taking all of these factors into consideration, the Police Department is very concerned
about the potenlial negative impact on police services, which would draw officers away
from the ability to provide timely police service to the surrounding community. The
introduction of a facility that would potentially generate additional calls for service on an
annualized basis, not to mention the anticipated additional calls for service resulting from
clients associated with the facility in the surrounding community, would have a
delrimental impact on police services to the existing residents and businesses.
.)
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07.e3'~ee8 14:18
'3516531154
HPC
ATTACHMENT E
-.-
SAN BERNARDINO CIIT
UNIFIED ScHOOL DISTRICT
Arturo Delgado, Ed.D.
Superintendent
Judy D. Vv'hite, Ed.D., Deputy Superintendent
June 25, 2008
To Whom It May Concern:
The San Bernardino City Unified School District is in support of Homeless Programs that are
designed to provide comprehensive support to homeless limilies. Accordins to our homeless
liaison, Mrs. Vickie Lee, we have served 1,717 homeless stUdents &sofluDe 20, 2008. The
current programs in San Bernardino have been more limited to temporaxy shelter, food and
clothins. We are finding that many families have established patterns of chronic homelesaness
and are in need of intensive rehabilitation.
There have been questions about whether the approval of a homeless program located in the
targeted area would be a problem for the future development of schools. The IK:hoo1 currently
identified as the Lincoln II Project is being reviewed for an area near there. The ground-
bTeaking is scheduled for the Fall of2009, with a projected completion of 16-18 montha. The
planned opening date for the school is August of2011. '.
It is our understanding that Human Potential Consulting Inc. will focus on the rehabilitation of
our homeless community members. Our facilities depanment can provide additional infonnation
or concerns about the location.
Sincerely,
jJ, .fl.L;~. cJh:t;
JUDY D. WHITE
Deputy Superintendent
JDW:x1
Deputy Superintendent
m Nor1ll F Slreet. San Bemerdino. CA 92410. (8Oll) 314-1471. Fax (109) 885-8392. judy."'''''. I ~ued.k12.ClI'"
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A TT ACHMENT F
RE: Conditional Use Permit No. 08-21
Ward No. I
Dear Plarming Commission:
We are writing to oppose the request to convert the church building located at 840 North
Sierra Way into a homeless shelter. This is a residential area with families who struggle
to keep their families safe everyday. We do not need a homeless shelter here.
We empathize with the plight of the homeless. but we also realize that not all homeless
people go by the rules and regulations required by the shelter and will not be admitted
into the shelter. This is when they become a problern to our neighborhood. This area is
plagued with shelters/homes for parolees, drug abusers and child molesters. We do not
need another "shelter" in our area.
We feel that this project would only bring more transients and homeless people to our
neighborhood. Our neighborhood has had many problems with these people. They hang
out in the empty field behind our back yard, at Gene' s Liquor Store on the comer of 9th
Street and Sierra Way, at Secombe Lake and in the Pioneer Cemetery. They not only
hang around but many sell drugs, drink and start fights. With regard to the field behind
our house we have seen them use drugs, urinate and defecate in broad daylight, this while
we are sitting outside trying to enjoy the afternoon. Our neighbors have children and
they have to see this too. Thank goodness for our police department who diligently
watch out for us, but they can not always be here.
We have lived in this home for 35 years. We have seen it go from a nice community of
working class people to place of crime, drugs and gangs. We do not feel safe to go for a
walk in the park or e"en walk to the store anymore. We would like to be able to have
friends and family over and enjoy our home and back yard like we used to. We would
like to be able to take a stroll around our neighbor again with being afraid.
Please listen to our letter of opposition and reject the proposal. Thank you for your
consideration.
Sincerely,
Jessie and Rebecca Gutierrez
872 North Lugo Avenue
San Bernardino, CA 92410
909-889-9611
,,-;2!')-7-2008 05:43P FROM:
TO:la6b4912188
EXHIBIT 3
-
CITY OF SA.N BERNARDINO
Development Services Department, Planning Division
300 North "D" Street, 3rd Floor
San Bernardino, CA 92418
Phone (909) 384-5057 . Fax (909) 384-5080
Web address: www.sbcity.org
APPLICA nON FOR APPEAL
APPEAL FROM A DECISION OF THE (check one)
o Development Services Director
o Development/Environmental Review Committee
.m Planning Commission
Case number(s): C end; +, 0(\ ~ '- U.S e
A Po8-07
No. ()g-2.1
ProJect address: ~IfD Nor-Iii S;"~urCf Wit'! S-",(\ A411a1ckll.t> .cA
/ ,
Appellant's namc:_Hu.rnCl^f.Hen +, 0./ r O(\S u l-hrf\+"', LLC ~o\-+ ~ \~V\I\.'oe-
Appellant's address: 5tlD E. CA-t2.SIJ/IJ Ylaz..,.,. De. .~I2.. 7 G..stlN JC4~D7lfh
'? I D '7 ,-", .- I s-' 0
AppclJant's phone: 2. J .,
Appellant's e-mail address:~ 1 ,,<2. 0..: C c."" b... @ dtJi, C.0.71
Contact person's name: C,/H!..tJrI.."Tr Ng "J(..omb.e.
Contact person's address: 5 00 E. Co. y s. ,) f\J '"1' I A Z.ff
Contact person's phone: 5 I 0 '7.>0..' ~b D'
Contact person's e-mail address:JIfu.uJC..........bt. ~ ' C fJYI1
A '( ~ 1'f 0 {'f () _ 2 'l z.. - "l - C.0&l 0
1:> e. ;#. /2.. 7 G. ,. s'dtl . {'If
,
Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form
within 15 days following the final date of action, accompanied by the appropriate appeal filing fee,
Appeals are nonna11y scheduled for a dctennination by the Planning Commission or Mayor and Common
Council within 30 days of the filing date orthe appeal. You will be notified, in writing, ofthe specific date and
time of the appeal hearing.
OFFICE USE ONLY
"'" __ fi'fiiZ C, 'Z ~
Received by:. ~L /'
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; ,<:..,;.::) 11104
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'"IOl) - ? - 2008 05 : 44P FROM:
TO: 18664912108
p: 1/1
REQUIRED INFORMATION FOR AN APPEAL
"._'
Specific action being appealed and the date of that action: 01-1 }l"lIe tnbl (' 5, 200 g " ~ e. ~
~ BoAna1JruJ5 7 ()f"Ii fI [DlriY" $5.0'1 de.r-.e..d tl ~~. +'t\ I
o - ..l\-z:t("\1-S L I Cl llurl vi\! .A. c,Yy>J.;+,'c"'../ rM:+ . up Ah.tlJ.821)
'-\-nl)~j)AA.+e.. {] ~/)m..;l2-SS ~~ \.Je" a-l- <:(.IfD' N, Si~'I"{a [).la,) $0.", &t(\aj!./);l'Id fA
q2...l.f'O i.
ActionsoUgh.t:~,~ c..1'~'1 d Ou. (1e.; I c;'notL ld YlUNsc..-1l,e 71afoJ/Jll1{
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y'Y\a('l ViI~"" h 4: I If<\ u. l tz..1\ -h ,LIt" s U ffl.cLI f-, M f- a- CuP.
Additional information:
_ Signature of appellant~1z jt;"1I -).iu/rl'~"-L..
Date: / jll f I &J
2
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C E N T E R
213 386 S08S 11/l!Il/~UIl 11l:DIi lIaL1 1'. Wl/U1D
[~rN: ~ ;J :81]l ~ ."ooum_A"':XIIIBlT 4
LOS ANGELES, CALIfORNIA 90005
TELEPHONE: 213/385-2977
FAX: 213/385-9089
G:-r-v 0:: 3At'~ BERNARDif\:C
DEVELOPMENT SERVICE~
")=P.':,;::'T~,~t:t-i-;-
F'TlII1: PWlic Comsel
~~
mE PUBLIC INTEREST LAwomCE OF THE LOS ANGELES COUNtY AND BEVERLY HIU.S BAR ASSOCIATIONS
FACSIMILE COVER LEITER
DATE: November 26, 2008
PLEASE DELIVER THE FOLLOWING 16 PAGE(S) (WIllCR INCLUDES THIS
COVER):
TO:
Rachel Clark, City Clerk
James F. Penman, City Attorney
FU#: 909-384-5158
909-384-5238
FROM:
Remy De La peza
REMARKS:
ATfACHED IS A LETl'ER IN SUPPORT OF THE APPEAL SUBMIlTED BY HPC ON NOVEMBER 20,
2008_ WITH THIS LETfER, WE REQUEST NOTIFICATION OF THE HEA1lING DATE ON WHICH THIS
APPEAL WILL BE HEARD.
The information contained in this Iilcsimile message is privileged and confideotial. It is intended only for the use of
the individual named above. If the recipient of this liIl:simiIe is an individual or entity other than thallllUlled above,
any nse, dissemination, dis1ribution or repmdw:tioo is strictly prohibiled. If you have received this commnnicatioD
in error, please notitY us by telephone and return the original to US via U.S. Postal Service, Thank you.
-
FnJIII: PWlic Gomsel
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November 26, 2008
VL4 FACSJMILE to (909) 384--5158 fl1fd (909) 31l4-52J8
Rachel Clark, City Clerk
300 N. "D" Street
2nd Floor
San Bernardino, CA 92418
James F. Penman, City Attorney
300 N. "D" Street
6th Floor
San Bernardino, CA 92418
Re: Human Potential Consultants, LLC application for l:Onditional use
permit to operate a homeless shelter at 840 N. Sierra Way, San Bernardino,
CA 9Z401
San Bernardino City Council Meeting
Honorable Councilmembers,
Public Counsel submits this letter on behalf of Human Potential
Consultants, LLC ("HPC"), lower-income and homeless residents of the City of
San Bernardino; and Orgllni7.alions whose mission it is to serve the needs of this
population. On November 5, 2008 the City of San Bernardino Planning
Commission denied HPC's application for a conditional use permit ("CUP") to
operate a homeless shelter. HPC seeks an appeal of this decision and approval of
CUP No. 08-21. This letter is submitted in support of that appeal.
L Backgronnd on Public Counsel and its Community Development
Project & HOPE Unit
Public Counsel is the public interest law firm of the Los Angeles County
and the Beverly Hills Bar Associations. Public Counsel is dedicated to advancing
equal justice under the law by delivering pro bono legal services to individuals
with lower and no-incomes as well as the organizations which serve them. The
Commtmity Development Project ("CDP") is one of seven Public Counsel
projects, or areas of practice.
Within CDP, the Housing Opportunities, Preservation and Enfon:emen1
("HOPE") Unit specializes in the promotion of affordable housing production and
MAIl.: P.O. BOX.l6900. LOS ANOEUS, CA. 900760900. Tm.: 213.385.2977 p.u:, 21'.)8S.908til_ WWW.PUBUCCOUNSELORO
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preservation using State and local laws. Specifically, the HOPE Unit advocates
for local land use policies to produce and preserve affordable housing and for
compliance with various State laws, including, but not limited to, housing element
law, density bonus law, and second unit law.
II. Facts and Procedural Background
Since 1997 HPC has been providing a variety of programs and services to assist with
employment preparation, vocational training, and job placement for individuals facing
extraordinary challenges to re~tering the workplace. In ~ HPC began providing housing in
addition to its existing job training services. Currently, HPC manages and operates homeless
residential centers throughout Califomia, serving veterans, persons with disabilities, and persons
on parole and/or probation. In its Los Angeles County facilities alone, HPC has served over
1,800 participants.
On Mav 27. 2008 HPC's application for a CUP to convert an existing church building at 840 N.
Sierra Way into a 56-bed homeless shelter with related support facilities and office space was
deemed complete by the City.l The shelter would provide housing for adults ages 18-59 years,
with supportive services that include, but are not limited to, individualized case lIIlIlIageJ1lent
services, and life and employment skills development. Additional services include drug and
alcohol education, anger management, money management workshops, and refena1 services for
those residents in need ofGEDpreparation and/or vocational training. Residents may reside at
the shelter up to 6 months.
On September 16. 2008 CUP No. Q8-21 was on the Planning Commission agenda and set for
public hearing. Staff recommended that the Planning Commission deny the CUP based on the
Findings of Fact contained in their similarly dated staff report. This item.was continued without
a staff presentation or a public hearing upon staff's request to addresS the applicant's assertion
that SB 2 would preclude the City wm denying the project. .
On October 21. 2008 the pl~nn;ng Commission held a public hearing on CUP No. 08-21. Staff
recommended that thePl~nningCommission'close the public hearing and deny CUP No. 08~21 .
based on the September 16, 2008 staff report and the additional Findings of Fact in the October
16, 2008 staff report. The City Attorney requested a continuance to allow for preparation of the
Written Fintlings and Conclusion based on the evidence presented to the Planning Commission at
this hearing and the written record consisting of materials submitted to the Commission by the
applicant (HPC), City staff; and members of the public.
On November S. 2008 the Planning Commission denied CUP No. 08-21 based on the adopted
Findings and Conclusion.
The adopted Conclusion of the Commission states "that the proposed project would impair the
integrity and character of the surrounding residential neighborhood where the project is
proposed. Therefore, the Commission concludes that the necessary findings to approve
1 Pursuant to Municipal Code Section 19.01.020- Table 04.01, shomeless facility is 8 permitted use with an
approved conditional use permitln ZOnes RM, RMH, and RH
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Conditional Use Permit No. 08-21 cannot be made.'.2 This conclusion is based, amongst others,
on the reasoning that:
. "the proposed project.. .does not share the characteristics of an emergency shelter";
. providing housing for parolees/probationers presents a public safety concern;
. an emergency shelter is incompatible with suttOlmding land uses, namely a nearby
domestic violence shelter and a proposed elementary school; and
. the proposed shelter would alter the character of the surrounding neighborhood.
On November 20. 2008 HPC filed an application for appeal to the City Council of the Planning
Commission's November 5. 2008 denial of CUP No. 08-21 pllISWli1t to San Bernardino
Municipal Code Section 19.52.100.
In. California Law Prohibits the City from Denying mc's Proposed Homeless
Shelter. Govt. Code ifi5589.S
California Senate Bill 2 ("SB 2"), effective Janwuy 1, 2008, requires California
jurisdictions to engage in more detailed analyses of emergency shelters and transitional and'
supportive housing in ~eir next housing element revisions; regull:l1eS zoning for these facilities;
and broadens the scope of the Housing Accountability Act to. include emergency shelters and
transitional and supportive housing. In SB 2, the California legislature recognized that
homelessness is a pressing statewide problem and more emergency shelters are neCessary to
meet the housing and residential service needs of the homeless population. SB 2 was enacted in
order to encourage the construction of emergency shelters and to prevent jurisdictions from
blocking the development of such shelters based on NlMBY -ist attitudes that fail to take into
account planning forthe community's needs.
To this end, SB 2 amended California Government Code Section 65589.5 ("the Housing
AccOlmtability Act'') to require jmisdictions to allow emergency shelters, transitional housing
and supportive housing to locate within their borders. The revised Section 65589.5 specifies that
there are ouly five narrow situatiODS in which ajurisdiction can legally disapprove an emergency
shelter, transitional housing development or supportive housing development. These five
exceptions, discussed in more depth below, apply to;
. (I) jmisdictions that have met their need for the type of project in question;
(2) projects that willbave a specific adverse effect on public health or safety;
(3) projects that must be denied to comply with federal or state law;
(4) projects located onland zoned for agriculture orresoum:'preservation;and
(5) projects thaI conflict with bOth the zoning ordinance andthc; general plan in
jurisdictions 1hat have adopted an updated and compliant hOusing element.
The subsequent portions of this memo will confirm that (a) the Housing Accountability
Act applies in this case; (b) the City cannot avail itself of any of the exceptions; and (c) the City
is therefore required under applicable law to approve HPC's CUP application.
2 November 5, 2008 Finding'l and Conclusion of the Commission in the Matter of Conditional Use Permit No. 08-21
("Findiog'l and Conclusioo"), page5
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A. The Housing Accountability Act Applies in This Case Regardless of the City's
Attempts to Reclassify the CUP- Govt. Code f65S89.5(d)
SB 2 amended the Housing Accountability Act to (1) add emergency shel~ to the list
of protected housing and (2) to clarify that the definition of housing development project
includes both transitioDal housing 4 and supportive housingS as well.
1. The Proposed Shelter Cannot be Classified as a Social Service Center-
H&S Code U50801(e), 50801.2
Until adoption of the Urgency Ordinance establishing an Emergency Shelter Overlay
District on October 20, 2008, the City of San Bernardino's Municipal Code ("the Code") did not
define emergency/homeless shelter.6 To date, the Code still does not provide definitions of
transitional or supportive housing. N; a result, developers must revert to the State law
definitions of these uses. By not providing these definitions in its .Code, the City imposes a
severe hardship on developers, constraining the development of these types of housing. !he City
does, however, provide a definition for social service centers. The Code states that a social
service center is:
A building or buildings used for recreation, educational, cuitural, or
religious activities operated by nonprofit grOups or agencies that are open
to the' public. Related uSes may include food, service, childcare facilities,
job training programs, after school programs, medical clinics, and other
similar uses or activities. Residential facilities may be established as pan
of the use. Drug and alcohol recovery facilities (outpatient or residential)
may be a component of the social service use. MC 1106 II/I/OI
The CUP at issue here was submitted for a ''homeless facility", not for a "social service.
center." Under State law, an emergency shelter is defined as "housing with minim~) supportiYll_
services for homeless persons that is limited to occupancy of six months or less by a homeless
person." H&S Code ~S0801(e). Since HPC's shelter, as proposed, would provide minimal
supportive services to homeless persons and occupancy Would be limited to 6 months 7, it clearly
meets the definition of an emergency shelter. Furthermore, according to HPC, it was informed
by the City Planning Division arOlmd April 2008 that it did not meet the definition of a social
, Defined as "housing witb miDIma1 supportive services for homeless persons that is. limited to ~ of six
montbs or less by a bomeless person." cat. H&S Code ~S0801(e). .
4 Defined as "housing witb supportive services for up to 24 months that is exclusively desiguated and tmgeted for
recently homeless persons. TrlU1Sitional housing includes Self-sufficiency development services, wi1Il !be uItimaIe
goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rems and service
fees to an ability-to-pay furmuIa n:asonably CODSistenl with the United States Deporrment ofHoosing and uman
Development's requirements for subsidized housing for low-income persOns." Cat. H&S Code~50801.2.
'Defined as "housing witbno limit on length of stay, that is occupied by the taIgetpopulation as defined in
subdivision (d) of Section 53260, and lbat is linked to on or olI-site services that assist the supportive housing
resident in retaining housing, improving his or her healtb status, and maximizing his or her ability to live and, when
possible, worlc in tbe community." Cat. H&S Code ~S0675.14(b).
"Municipal Code Section 19.02.050 was amended on October 20,2008 to define emergency shelter pursuant to CaI.
H&S CodeS0801(e).
7 June 19,2008 HPC letter to City, page 2; September 16,2008 SlaffReport, page 2
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service center. The City has itself referred to the proposed shelter as all oftbe following in prior
staff reports: homeless shelter, homeless facility or emergency shelter.8 Additionally,
Background Facts 1.3 and 1.4 of the November 5, 2008 Findings and Conclusion discuss the
existing homeless shelters in the City and the City's recently euacted urgency oroinance
establishing the Emergency Shelter Overlay District 1bese facts would not be relevant to an
application for a social service center.
Furthermore, because HPC is neither a nonprofit group nor an agency, it is not qualified
to establish a social service center and does not fit within the City's Code requirements for this
use. Based on all of the factors outlined above, including the City's own admissions in its staff
reports, HPC's proposed shelter cannot be classified as a social service center.
2. The Proposed Shelter FaIls UDder the Housing Accountability Act-
Govt. Code !i65589.5(d)
Regardless of what the City chooses to ,call the proposed shelter, the Housing
AccOuntability Act would still apply because the shelter clearly qiiaIifies as an emergency
shelter. As discussed above, m>C's shelter would provide mi,,;ni~1 suppOrtive seryices to
homeless pt:rsons, including case inanagement; drug 8I1d alcohol education, job placement, and
foundational life skills training covering a variety of issues that residents may be facing. These
services are t!lrgeted at developing self-sufficiency skills and assisting the residents to transition
into permanent bousing.9 Additionally, the shelter's occupancy would be limited to 6 months.
In light of these characteristics, the proposed shelter falls within the criteria fQr emergency
shelter. As stated in Govt. Code ~65589.5(d), emergency shelters are covered by the Housing
Accountability Act and must be approved unless one of the five stated exceptions is met. .
B. The City May Not Avail Itself of Any of the Exceptions UJlder the Homing
Accountability Act- Govt. Code f65589.5(d)(l)-(5)
In denying m>C's CUP application, the City has attempted to make a nwnber of
arguments. First; the City attempts to escape from under the Housing Accountability Act
altogether by reclassif'y'iilg the shClter as a social service center.1o Second, the City appears to
claim that the proposed homelesssheiter fits within two of the five narrow exceptions. In an
attempt to qualifY under subsection (dX2) of the Housing Accountability Act, the City appears to
claim that the shelter would have a specific adverse impact on public health and safety that
cannot be avoided or mitigated. Additionally, in its attemptto qualify under subsection (dX5),
the City claims that the proposed shelter is inconsistent with both the City's general plan and its
zoning ordinance. However, as will be detailed below, the findings adopted by the Planning
· Sepcember 16,2008 Staff Report; October 16, 2008 StaffRopon; October 21,2008 Phuming Commission Agenda,
F.!e 3; November 5, 2008 P1auning Commissioo Agenda, page 3. ..
HPC's proposed sheI.... could also fall under 1he Stale definition of tnmsitional housing. which is also covered by
the Housing ACC<lWIlability Act.
10 November 5, 2008 Findings and Conclusion #2 ("'I"" Commission finds that Ibe proposed project. ..does not
share lhe characteristics of an emergency shelter as set funh in [CaJifumia law]."); #52 ("Sectioo 19.04.030(2)(1)
of the Development Code requires social services to conform to the residential density standard oflhe IIIlderlyiDg
land use designation...); and #5.3 ("Furthermore, Section 19.04.030(2)(1')(9) of the Development Code requires a
one-acre minimum site area to establish a social service in a residential land use district.)
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Commission on November 5, 2008 are not legally sufficient for the City to qualify under any of
the five narrow situations that Section 65589.5 requires for denial of this type of housing. The
City is, therefore, clearly precluded from denying HPC's CUP application.
Government Code Section 65589.5( dX I) applies only if the jurisdiction has adopted a
revised and compliant housing Clement and met or exceeded its need for emergency shelters.
This exception does not apply in this case because the City has neither adOpted a revised housing
element nor has it met its need for emergency shelters. Government Code Section 65589.5(dX2)
is discussed in more detail below and applies only if the project would have "a specific adverse
impact on public health or safety and there is no feasible method to satisfactorily mitigate or
avoid the specific adverse impact without rendering the development financially infeasible."
Although the City attempts to invoke this exception in its findings, it does not apply in this case
for the reasons discussed at length below in Sections JII-B-2 & B-3. Govermnent Code Section
65589.5(d)(3) applies only if denial of a project is necessary for the jurisdiction to comply with
state or federal laws. No such state or federal laws necessitating denial of this project are
referenced in the Findings and Conclusion. Government Code Section 65589.5(d)( 4) applies
only if the project "is proposed on land zoned for agriculture or resource preservation that is
surrounded on at least two sides by land being used for agriculturaI or res()UICe preservation'
purposes, or which does not have adequate water or wastewater facilities to serve the project."
This exception does not apply in this case because the land in question is not zoned for
agriculturaI or resource preservation. Finally, Government Code Section 65589.5(d)(5) is
diScussed in more detail below and applies only if the project ''is inconsistent with .both the
jurisdiction's zoning ordinance and genetal plan land use designation as specified in lUIy element
of the geDera1 plan as it existed on the date the application was deemed complete, tlIIdthe
jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in
substantial compliance with this article." (emphasis added) Similar to exception (d)(2), this
exception is not applicable in this case, despite the City's assertions. for the reaSons discussed at
length below in Sections JII-B-I, B"3, and B-4. .
1. The City Does Not Have a Compli8Dt Housing Element and Therefore
CaDDot Rely on the Inconsistency Exception of the Housing Accountability
Act- Govt. Code ~558!J.5(d)(5) .'
As detailed in Sections ill-B-2 through B-4 below, the City claims that the proposed
shelter is inconsistent with its land use designations and general plan. Even if that were the case,
State laW-only permits a City to deny a shelter based on incons.istency findings if the City has
adopted a revised housing element in substantial compliance with the law. Specifically, this
exception states that a local agency can disapprove an emergency shelter if:
The development project or emergency shelter is inconsistent with both the
jurisdiction's zoning ordinance and general plan land use designation as specified
in any element of the general plan as it existed on the date the application was
deemed complete, and the jurisdiction has adopted a revised housing element in
accordance with Section 65588 that is in substantial compliance with this article.
(Govt. Code ~65589.5(d)(5)) (emphasis added)
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Because the housing element is an integral part of every jurisdiction's community planning
process and its general plan, an emergency shelter cannot be denied as inconsistent with the
general plan if the jurisdiction does not have a housing element that is fully compliant with state
law. Government Code Section 65588(b) specifies the housing element revision schedule for
local governments within the jurisdiction of the Southern California Association of Governments
as June 30, 2006. This date was later changed to June 30, 2008 with the ~ of the
California Department of Housing and Community Devel~ent ("HCD") I. The record clearly
shows the City has not adopted a revised housing element 1 , and this is verified by HCD's online
Review Status list. 13 Until the City reviews and revises its housing element, it cannot, in good
faith, evaluate whether the proposed emergency shelter is actua1ly inconsistent with the general
plan. Section 65589.5(d)(5) makes it clear that the City cannot rely on zoning inconsistency to
deny a shelter if, as in this case, it has an outdated housing element that is not compliant with
Section 65588.
The City may believe that it is permitted to deny the shelter because it adopted an
urgency ordinance on October 20, 2008 amending the Code to provide an overlay zone in which
emergency shelters can be located by right. However, this belief disregards the City's
obligations to comply with !!20! Government Code Section 65583 ("Housing Element law") and
the Housing AccOlmtability Act. SB2 amended both statutory schemes. With. respect to
Housing Element law, the City's adoption of the urgency ordinance appears to be an attempt to
address the SB 2 amendment requiring that the City have at least one zone with sufficient
capacity to accommodate the City's need for emergency shelters and where emergency shelters
are permitted without a CUP or other discretionary action. Govt. Code ~65583(a)(4). However,
contrary to the City Attorney's assertions in the October 17, 2008 staff report that the urgency
ordinance may ''placeD the City in substantial compliance with Senate BiD 2", the City has
neither complied with Housing Element law nor the Housing A-ccountability Act. The
development standards adopted as part oftltis urgency ordinance in fact severelv constIain the
ability to develop emergency shelters in the overlay district. Specifically, as a result of the
I,OOO-foot public transit stop distance requirement and the 500-foot sepandion requirement from
existing single-family homes and other uses, approximately 90".4 of the sites in the overlay
district are unavailable for emergency shelter development. Therefore, the emergency ordinance
is likely insufficient to assure compliance with the SB 2 amendments to the Housing Element.
And, adoption of the emergency ordinanr.e does not somehow negate the City's failure to adopt a
timely Housing Element. Regardless, the issue here is the City's compliance with the Housing
Accountability Act (as amended by SB 2). As discussed above, the City does not have a revised
housing element and therefore, cannot rely on the inconsistency findings exemption contained in
Section 65589.5(d)(5) of the Housing Accountability Act to deny HPC's proposed shelter.
II The State agency IeSpOIISibIe for administering housing element law and reviewing local housing elements
12 See O<:tober 16,2008 Staff Report Re: CUP No. 08-21, page 2: Oelober 17. 2008 StaffReportRe: Urgency
Ordinance 10 Permit Emergency Shelters, page I; October 21, 2008 Letter from Henry Empeno, Sr. Deputy Senior
Attorney, 10 Remy De La Peza, Public Counsel, Re: Human Potential Coosultants, LLC- Application for
Conditional Use Permit.
" http://www.hcd.ca.govlbpdlhrclplm.he/
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2. The Proposed Homeless Shelter Is Not Actually Inconsistent with Current
Zoning Ordinance or General Plan Land Use Designations- Govt. Code
fi65589.5(d)(5)
a. Density is Not Inconsistent with Cunent Zoning Ordinance or General
Plan Land Use Designations
Even if the City was permitted to rely on inconsistency findings under Section
65589.5(<1)(5), the proposed shelter's density is not inconsistent with the current zoning
ordinance or general plan land use designations. Finding 5.1 states that although HPC agreed to
reduce the number of residents from 56 to 36, "even that number would be at the extreme high
end of the density allowed" and "[t]he ac1ual intensity of the use would be even greater, given
the staffing requirements." However, the City specifically stated in its October 16, 2008 staff
report that the equivalent density for a site approximately the size of 840 N. Sierra Way in the
RM zone "would be 6 units, which would accommodate a range of20-36 residents." In teSpOnse
to this concern, HPC agreed to reduce the number of its residents from 56 to 36, consistenl with
the City's stated October 16,2008 density requirement 14 Furthermore, the City relies
inappropriately on Municipal Code Section 19.04.030(2)(1') to invoke the requirement that social
service centers must "conform to the residential density standard of the underlying land use
designation, and to have a level of intensity compatible with the residential district surrounding
the site."IS As clarified in Section ill-A-l of this letter, the proposed shelter cannot be classified
as a social service center; therefore, Municipal Code Section 19.04.030(2)(T) does not apply and
cannot be used as a basis to deny the CUP.
b.Lot Size Requirement Does Not Apply to This Site
Even if the City was permitted to rely on inconsistency findings under Section
65589.5(d)(5), the one-acre lot size requirement does not apply to this site. The one-acre .
minimum site area requirement16 that the City cites in Finding 5.3 is only applicable to social
service centers. As clarified in Section III-A-I of this letter, the proposed shelter cannot be
classified as a social service center. It is improper for the City to assert that the proposed shelter
should now be classified as a social service center despite the fact that the application was
submitted for a "homeless facility", and the City has repeatedly referred to it as a homeless
shelter, homeless facility, or emergency shelter in all of its previous staff reports. Therefore, this
lot size requirement is inapplicable to HPC and cannot be used as a basis to find inconsistency.
c.Proposed Shelter Would Not Alter Character of the Existing
Neighborhood
Even if the City was permitted to rely on inconsistency findings under Section
65589.5(d)(5), there is no evidence in the record to indicate that the proposed shelter would alter
the character of the existing neighborhood. Finding 5.4 states that the proposed shelter would be
inconsistent with the general plan because "[ e ]xis1ing homes in the immediate vicinity of the
,. November 5, 2008 Findings and Conclusion #5.2
" November 5, 2008 Findings and Conclusion #5.2
" Municipal Code Section 19.04.030(2)(I)(9)
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proposed project are single-fami1y residences." Although there are existing single-family homes
nearby, properties in the immediate vicinitY represent minimal single-fami1y residences. The
parcels immediately adjacent to the proposed site include the fQIlowing uses: four (4) vacant
parcels (all zoned RM) to the south and southwest; Celebration City Lutheran Church to the
west; Pioneer Memorial Cemetery and another adjacent cemetery to the east Additionally,
permitting a homeless shelter in a residential zone is not Wlprecedentcd in the City. Central City
Lutheran Mission at 1254 North G Street is zoned RM. The abovementioned Frazee Community
Center, zoned RS, provides emergency shelter for 22 homeless men at a facility across from two
schools, a child development center, and a neighborhood park. The City is acting arbitrarily in
finding that HPC's proposed shelter would alter the character of the residential neighborhood
when no such findings were made for the abovementioned shelters, all of which are also located
in the City's residential zones.
d.lmpacts of the Proposed Shelter Would Not Outweigh Benefits to the
Public
Even if the City was permitted to rely on inconsistency findings under Section
65589 .5( dX 5), any impacts of the proposed shelter would not outweigh its public benefits.
Finding 5.4 states that, because of the general plan inconsistency discussed above, "the City sball
utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh
benefits to the public." As indicated in the most recent regional homeless COWlt, the City of San
Bernardino is home to 1.915 homeless uer1lOns.17 This represents 26.1 % of the entire County
homeless population, making the City home to the largest proportion of the County's homeless.
Although the City states it currently has 265 beds in its existing homeless shelters, and an
additional 164 beds under constructionl8, it is important to note that (I) one of these sheltersl9
(68 beds) is closed2o and (2) five of these facilitiei1 (112 beds) are domestic violence shelters.
With only 197 beds actually currently available, and over 36% of these beds restricted to
domestic violence shelters, there remains a significant unmet need for housing for the City's
homeless. In addition to taking another 36 homeless persons off the street, the proposed shelter
would serve homeless from the City of San Bernardino and would also provide extensive
services (e.g., intense CllSe management, pre-employment preparation, career guidance, job
placement) to facilitate reintegration. HPC's proposed shelter would be the only one in the City
providing this combination of supportive services and housing for homeless persons. Thus,
because of its failure to adopt a revised housing element, the City is not permitted to rely on the
inconsistency exception contained in Section 65589.5(d)(5) to Qeny HPC's proposed shelter.
Even if it had a revised housing element, there is insufficient evidence in the record to support a
finding ofland use inconsistency.
17 2007 San Bernardino County Homeless Census and Survey Comprehensive Report, page 2l.
11 November 5, 2008 Findings and Conclusion 111.3
19 Salvalion Anny, 746 W. Fifth Slreel
20 l'umJant 10 conversation between Liz Roubidoux and Sa\va1ion Anny in October 2008.
21 80ih Veronica's Home sites; Option House; Time for Change Foundation; and New House
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3. The Proposed Emergency Shelter Would Not Have a Specific Adverse
Impact on Public Health and Safety That Caunot Be Avoided or Mitigated-
Govt. Code ~589.5(d)(2)
a. Findings Do Not Establish Specific Adverse Impact on Public Health or
Safety
To establish that the proposed shelter would have a "specific, adverse impact upon the
public health or safety," the City must have found "significant, quantifiable, direct, and
unavoidable impact[s], based on objective, identified written public health or safety standards,
policies, or conditions as they existed on the date the application was deemed complete.'.22 Govt.
Code 965589.5(dX2). There is simply no evidence in the record to indicate that the City bas
found significant, quantifiable public health or safety impacts based on identified standards. Not
only does the City fail to identify significant, quantifiable impacts, it also fails to identify written
public health or safety standards against which such impacts were measured. The City has
clearly, therefore, failed to demonstrate that the denial of the CUP is consistent with
965589.5(d)(2).
In Findings 3.1 through 3.4, the City contends that the housing of parolees or
probationers at the proposed shelter constitutes a public safety concern. lithe City intends to
claim that there is a significant adverse impact on public safety that cannot be avoided, it must
present plausible evidence that the presence of parolees/probationers in this shelter will actually
make the area harder to police. The mere potential for additional parolees/probationers living in
this area does not make the area patently harder for police to service without considering any
other factors such as the nature of the shelter in question.23 The only evidence given is previous
experience with "a 24-unit facility" and a "14-umt apartment parolee/probationer facility. n24 The
City does not provide any description of these facilities or of their opemtion, giving no basis for
assuming they are actua1ly analogous to HPC's proposed shelter. The City's sparse findings
regarding the previous facilities give no indication that those facilities were as well planned and
as well equipped as HPC to prevent a significant burden on police resources and public safety, as
demonstrated by HPC's Security Plan and other security policies. Regardless, the City still fails
to present significant, quantifiable impacts as required by 965589.5(d)(2).
While it may be tempting for the City to simplyasswne, without evidence, that parolees
in every setting are highly likely to commit crimes, the law does not afford the City leeway to
make such assumptions without presenting supporting evidence and considering the specifics of
this facility and its particular programs and procedures. Otherwise, the City's argument seems to
be that it is not conceivably possible, regardless of planning or precautions, to run a shelter that
houses some parolees without significantly endangering public safety. Such an argument is
unsupported and directly contradicts the legislative intent of SB 2.
12 This subsection Iiutber .tale. thal "[i]nconsisIl:ncy wilh lbe zoning ordinance or gmeral plan land use designation
sball not coastitute . specific, adverse impact upon the public heallb or safety."
23 November 5, 2008 FiDdiDgs and COIWlusion #3.2 (''lhere is already. high com:en1l'8lion of paroleeslprobationers
in lbe area"); #3.4 ("the Commission has concerns regarding the security at the proposed fiIcility if; as 8JlPClIIS to be
lbe case, all or. substantial portion oflhe residents would be paroleeslprobations").
" November 5, 2008 Findings and Conclusion #3.3
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Rather than relying on the experiences with two dissimilar facilities, the City should have
considered HPC's two similar shelters in Los Angeles County.2S Neither of these shelters has
caused a significant increased burden on the police force in their respective communities.
Evidence based on a similar shelter with similar procedures and pl8cticcs run by the same
organization is far more relevant than the experiences with two unrelated facilities. Furthermore,
HPC's Security Plan addresses site security, discipline, disturbance control, facility containment,
search & seizure, and emergency evacuation procedures, as outlined in its August 13, 2008 letter
to Aron Liang, City Planning. Without relevant and specific information on which to base the
conclusion that the residents at the proposed shelter will have an adverse impact on the
community's public safety, this finding is unwammted. Even if the City fOlmd a specific,
adverse. quantifiable impact on public health or safety, there is no evidence that such findings
are based on objective standards, policies, or conditions as they existed on the date the
application was deemed complete.
b.City Has Not Made Required Finding Under Section 6SS89.S(d)(2) and
Any Potential Impacts of Shelter Would be Mitigated or Avoided
AdditiQnally, even if the City had presented evidence establishing that the proposed
shelter would have a specific, adverse impact upon the public health or safety, the City must also
have found that "there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact without. .. rendering the development of the emergency shelter financially
infeasible." Govt. Code ~6S589.s (d)(2). The adopted Findings and Conclusion fail to make this
required finding.
Even if the City bad made the required finding, HPC has provided the City with
sufficient information which either mitigates or eliminates any potential safety concerns.
Specifically, although HPC is not at liberty to discriminate against or refuse services to non-
violent parolees, it does not service violent offenders. This fact extremely mitigates any concern
that the residents would present a safety risk to the surrounding neighborhood. Furthermore, in
response to the City's safety concerns with probationers/parolees residing at this shelter in light
of prior experiences with other facilities, HPC has expressed its intent and desire to work very
closely with the City's Police Department and other local service providers. As referenced
above, on August 13.2008, HPC submitted responses to the City's safety concerns.
Additionally, all staff receive training on how to oversee and monitor the activities of
residents and how to enforce residential center rules and regulations. This training is ongoing via
training curriculwns provided by the American Correctional Association, which specializes in
training residential monitors working with various homeless and residential centers. Further
details on HPC's personnel trainina is available and can be provided to the City.. In response to
Finding 3.s and the City's concern with discharging residents who may be under the influence of
banned substances, HPC has a clearly established procedure of providing a referral to an
appropriate facility as well as ammging for the transportation of the resident to the referral
location. Lastly, HPC docs not operate a day laborer program, and therefore, any concerns with
the unsupervised release of residents as part of this pmported program are completed eliminated.
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Thus, because it has failed to identify specific, q"RntifiAhle health and safety impacts that cannot
be mitigated, the City cannot rely on Section 65589.5(d)(2) to deny HPC's CUP.
4. The City's Land Use Conflict FmdiDgs llR Insaflicieat to Allow Deoial of the
Shelter - Govt. Code !i!i65589.5(d)(2), (5)
The City's Land Use Conflicts F;ndi.,~ are insufficient to allow it to deny the shelter
under Section 65589.5(d)(2) or Section 65589.5(d)(5). The City states the proposed projett
would have "adverse impacts on neighboring land uses... that could not be avoided with the
adoption of the ameliorative measures the applicant was able and willing to adOpt.'.27 However,
no specific, quantifiable findings of adverse impacts on public health or safety based on
objective, identified written public health or safety standards, policies, or conditions on the date
the applicant was deemed complete have been made. Additionally, Section 65589.5(d)(2)
specifically states that land use inconsistency does not constitute a specific, adverse impact on
the public health and safety. As discussed in further detail below, any proposed impacts on
Option House and Lincoln II Elementary School can be avoided.
As discussed above in Section m-B-l, the City's failure to adopt arevisedhousing
element precludes it from denying the shelter based on general plan or land use inconsistencies.
Regardless, as discussed below, any potential land use conflicts are avoidable; therefore, the City
fails to establish grounds for denial based on its Land Use Conflicts Findings.
a.Shelter Would Not Have Unavoidable Adverse Impacts on Option House
The City cites the proximity of Option House, a domestic violence shelter, to the
proposed shelter as grounds for a land use conflict.28 eased on the relevant findings, it appears
that the City believes that the residents of the proposed shelter will pose a threat to the safety of
Option House residents, though this is never specifically stated. The proposed shelter will not
house any violent offender parolees or probationers, and, because HPC is not eligible to provide
services for sex offenders, these individuals will not be participants or residents of the proposed
shelter. Additioually, any safety concerns as they relate to the residents of Option House are
mitigated by the fact that the proposed shelter would operate under a specific schedule requiring
participants to be at meals, meetings or programming from 6 am to 6 pm Monday through
Friday. This regimented schedule, in addition to HPC's security efforts, extremely mitigates and
possibly eliminAtes the possibility of these individuals coming into contact with residents of
Option House. Fwthermore, Section 65589.5(d)(2) specifically states that land use inconsistency
does not constitute a specific, adverse impact on the public health and safety.
b.Shelter Would Not Have Unavoidable Adverse Impacts on Planned
Lincoln II Elementary School
The only land use conflict asserted by the City with regards to the planned Lincoln II
Elementary School is that "undesirable contacts between students waIking by the facility and
u November 5, 2008 Findings and Conclusion #4 el seq.
27 November 5,2008 Findings and Conclusion #4
"November 5, 2008 Findings and Conclusion #4.1-4.4
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Frm:Public Comsel
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11/28/200B 16:0B
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Page 13 of15
residents of the facility likely would occur.>>29 Based on this assertion, it appears that the City
believes it is "undesirable" to potentially have elementary school children intemcl with or walk
by homeless individuals. However, Frazee Community Ceoter at 1140 Mill Street, zoned
Residential Suburban (RS), cummtly provides emergency shelter to 22 homeless men in a
facility directly across from two schools, a child development center, and a park. A new
elementary school is planned to be constructed directly to the south of this existing shelter.
Finding 4.5 makes an tmfounded and discriminatory assumption that homeless persons
would somehow improperly interact with children wa1king to school, in addition to singling out
this particular shelter and treating it differently from other similar shelters in the City. This is
precisely the type of discrimination that the Housing Accountability Act and SB 2 were enacted
to deter. Furthermore, in its own comment l~o on this matter, the San Bernardino Unified
School District did not assert any unavoidable safety impacts of the proposed shelter on the
school. Rather, its letter highlights the City's need for more intensiv~ rehabilitation, of the kind
HPC would provide, to address chronic homelessness.
In addition, the proposed shelter would provide housing for homeless persons already on
the streets of the City. By housing these individuals, the opportunities for interaction with the
public in general is already greatly reduced. Furthermore, the proposed shelter would operate
under a specific schedule requiring participants to be at meals, meetings or programming from 6
am to 6 pm Monday through Friday. This regimented schedule extremely mitigates and possibly
eliminates the possibility of these individuals being outside of the shelter when school children
are present.
Regardless, as the findings allude, HPC has proposed to include a sunset clause or date of
expiration in the CUP.3! It is both common practice and legally enforceable for jurisdictions to
place an expiration date as a condition for approval of a CUP. On October 8, 2008 HPC offered
to terminate use of the site as a homeless shelter upon the completion of'the proposed elementary
school and to provide a new use, as permitted by the Code. that would best serve the community.
There is no question that the expiry of use of the shelter at the time of the school's completion
would eliminate any potential land use conflict.
'The City's position that it cannot approve the CUP because it cannot guarantee the:futurc
use following the expiIation of the a;p32 is misguided. Because the CUP would have a sunset
clause limiting the validity of the CUP to avoid any conflict with the school, the subsequent use
of the property would have to be a use that is permitted under current zoning ordinances without
a CUP. The approval of a CUP with a sunset clause will have no legal effect whatsoever on the
future use of the property following the expiIation of the CUP. While HPC has expressed its
wiJHng>>_o to work with the City to help ensure an appropriate use follows the expiration of the
CUP, the City's land use ordinances ultimately ensure that an appropriate use will follow.
Because of these reasons and because Section 65589.5(dX2) specifically states that land use
29 November 5, 2008 Fiudiog.> and Conclusion #4.5
,. September 16, 2008 Staft'Report, Anaclnnent E (June 25, 2008 leller from Judy D. White, San Bernardino City
Unified School District Deputy Superintendent)
" October ]6. 2008 PlanniDg Division Staft'Report, page ]: November 5, 2008 Findings and Conclusion #4.6
32 November 5, 2008 Findings and Conclusion #4.6
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inconsistency does not constitute a specific, adverse impact on the public health and safety, the
City has no basis to deny the CUP on future use 1lI'0unds .
Finally. the City is also severely limited in its ability to deny the shelter based on school
impacts because California law already provides a mechanism for mitigation of school impacts-
see, e.g. Education Code Section 17620 and Government Code Section 65995.
IV. The Law Requires the City Council to Grant HPC'I CUP to Operate a Homeleu
Shelter Without Impoling UllftlIIon.ble Conditiolll and/or Ratrictlolll
As highlighted above, the City has an overwhelDUng and unmet need for housing and
services for its 1,915 homeless residents. The City's existing shelters do not even come close to
providing enough beds to house its homeleSll. By denying HPC's proposed shelter, essential
housing and services are being elimin~ted from the community.
The Planning Commission's decision on November 5, 2008 was in violation of State law.
State law, including the Housing Accountability Act as amended by SB 2, promoits the City
from denying a homeless shelter under the City's CIIIICIIt fjntlings. Not only are the City's
findings facially insufficient to establish grounds for denial of the proposed shelter, but the City
has also failed to adopt a revised housing element consistent with State law.
"=,~.
As explained above, HPC's proposed shelter cannot be classified as a social service
center. Clearly, the shelter- whether classified as an emergency shelter or transitional housing-
falls under the protections of the Housing Accountability Act As shown in Section III of this
memo, the City does not have any basis to deny the shelter because it cannot avail itself of MY of
the exceptions to the Housing Accountability Act. Because of its failure to adopt a revised
housing element, the City is not permitted to rely on the inconsistency exception contained in
Section 65589.5(d)(S). Even if it bad a revised housing element, there is insufficient evidence in
the record to support a finding ofland use inconsistency. Fwthennore, because it has failed to
identify specific, quantifiable health and safety impacts based on objective, identified written
public health or safety standards, the City cannot rely on Section 65589.5(dX2) to deny HPC's
CUP.
Therefore, the law requires tile City Council to approve HPC's CUP to operate a
homeless shelter without imposing lIlIreasonable conditions and/or restrictions on its Operation.
By approving the CUP, the City Council will not only bring the City's actions into compliance
with State law, but 'Will also materially address the needs of the City's homeless ~idents. HPC
respeotfully requests that the City Council approve its CUP application to operate a homeless
shelter at 840 N. Sierra Way.
Respectfully Submitted,
~~~
Attorney
Equal Justice Works Fellow
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Community Development Project-
HOPE Unit
Public Counsel
cc: Dr. Garnett Newcombe, CEO Human Potential Consultants, LLC