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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Develo.pment Services
Subject: An Urgency Ordinance adding area 6 to
the areas designated within the Emergency
Shelter Overlay District as provided in
Development Code Section 19.10-e.020,
declaring the urgency thereof, and taking
effect immediately.
From: Valerie C. Ro.ss, Director
Date: July 16,2009
File:
MCC Date: July 20,2009
Synopsis of Previous Council Action:
05- I 9-2008 Mayor and Co.uncil approved Reso.lutio.n 2008- 15 I, an Agreement with The
Planning Center to. provide an update of the City's General Plan Housing
Element, including an analysis of the need for emergency ho.meless shelters.
10-20-2008 Mayor and Council adopted Urgency Ordinance No. MC-1288, establishing the
Emergency Shelter Overlay District.
11-17-2008 Mayor and Council received inforrnatio.n from The Planning Center regarding the
emergency shelter component of the proposed revised Ho.using Element and the
requirements 0.1' Senate Bill 2, and continued this matter to November 25, 2008.
11-25-2008 Mayor and Council ado.pted Urgency Ordinance No. MC-I290, amending and
extending MC-I288, amending the Development Co.de and establishing 5 Areas
within the Emergency Shelter Overlay District.
Recommended motion:
That the hearing be closed and that:
(A) Said Urgency Ordinance be adopted; o.r
(B) Said Ordinance be laid over for final adoption; or
(C) The matter be co.ntinued for two weeks and staff be directed to. prepare an amendment to.
the Urgency Ordinance (MC-1290) to include the OIP, Office Industrial Land Use
District and the area included in Option 2.
~U.f(!#-
Valerie C. Ross
Contact Person: Terri Rahhal, City Planner
Phone:
5355
Supporting data attached: Staff Repo.rt, Ordinance (2)
Ward(s): City Wide
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.)
Acct. Description:
Finance:
Council Notes:
Agenda Item No. ;) :J.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
An Urgency Ordinance adding area 6 to the areas designated within the Emergency Shelter
Overlay District as provided in Development Code Section 19.1 0-e.020, declaring the urgency
therco.f, and taking effect immediately.
Background:
On October 20, 2008, the Mayo.r and Co.mmon Co.uncil adopted MC-1288, an Urgency
Ordinance which established the Emergency Shelter Overlay District, to pem1it emergency
shelters with approval of a building pennit within the IL, Industrial Light, land use district lying
south o.f3rd Street, east o.fWatern1an Avenue, and north of Central Avenue. On November 25,
2008, the Mayor and Council adopted MC-1290, which extended the Urgency Ordinance for 10
mo.nths and 15 days, and replaced the geo.graphic area previously designated with five new areas
in the IL or CH (Co.mmercial Heavy) land use districts 0.1' the City, as sho.wn on the attached
maps (Areas 1 through 5).
Currently scheduled o.n the July 20,2009 Mayo.r and Co.mmon Council meeting agenda is the
co.ntinued appeal hearing on Conditional Use Pern1it No. 08-2 I, the appeal filed by Human
Potential Co.nsuItants, LLC, ("HPC") 0.1' the Planning Commissio.n's denial ofa CUP to convert
an existing 6,747 square foo.t church building into a 56-bed homeless shelter with related support
facilities and office space located at 840 North Sierra Way in the RM, Residential Medium, land
use district. HPC agreed to decrease the capacity of their proposed ho.meless shelter to 36 beds.
At the April 6, 2009 Mayor and Commo.n Co.uncil Meeting, supporters from Option House, Inc.
opposed granting the CUP. Optio.n Ho.use, Inc. is a nonprofit organizatio.n created thirty-two.
years ago in 1977, which provides basic services to victims 0.1' do.mestic vio.lcnce, including 24
hour shelter, 24 hour crisis ho.tline, temporary housing and foo.d, psychological support and peer
counseling, children's services, emergency transportatio.n, resources and referral. Supporters of
the Option House opposed the CUP because HPC's proposed location was in such close
proximity to Option House's primary shelter facility, established in 1983, so as to jeopardize the
safety of the wo.men and children staying there.
At the April 6, 2009 Council meeting, the Mayor and Common Council directed City staff to
research alternative locations for HPC's proposed emergency shelter at 840 No.rth Sierra Way. In
the more than three months since that date, HPC and City staff have held several meetings and
pho.ne conferences and discussed over twenty Po.tential sites lo.cated throughout the City. Well
over 30 sites were identified, but some were discarded because of proximity to. sensitive uses
such as schools or parks. Other sites were discarded because the site o.wner did not want to enter
into a lease agreement to ho.use an emergency shelter. Some sites that had merit were leased or
sold and no longer available. And still other sites contained substandard buildings. Two. sites in
particular were identi fied as having the most potential for further consideration.
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One site (Option I) is located at 225 West Orange Show Lane. This 0.63 acre parcel, (APN
0141-281-44) has a vacant 10,476 square foot warehouse-type building, and is lo.cated in the lL,
Industrial Light land use district. It is not near sensitive uses such as schoo.ls and residences, and
is immediately abutting the Warnl Creek Wash and other light industrial buildings. These light
industrial buildings contain typical small warehouse and light industrial uses. Ho.wever, the
buildings along Orange Show Lane abut the rear of the buildings that front o.n Orange Show
Road. These co.ntain a mix of office and service uses that have mo.re employees and customers.
Bus service is available o.n "E" Street, which Wo.uld require clients to walk from Arrowhead
Avenue adjacent to the Humane Society, o.ver to "E" Street. The walk is less than Y2 mile as
required by the existing urgency ordinance. This is the subject matter of the Urgency Ordinance
o.r the regular Ordinance. (See attached map of Area 6, Option I.)
The seco.nd site (Option 2) is located at 673 S. Waterman Avenue in the OIP, Office Industrial
Park land use district. The site consists of a 0.86 acre parcel (APN 0280-21-45), with a 9,500
square foot wareho.use-type building. Although this site is more visible than the site in Option 1,
it is a stand-alone building with a completely fenced yard. Bus service is available along
Waterman Avenue. The OIP land use district is adjacent to. both sides 0.1' Waternmn A venue from
So.uth 0.1' Orange Sho.W Ro.ad to north 0.1' Mill Street. The IL land use district abuts the OIP.
Optio.n 2 would require an amendment to the Urgency Ordinance (MC-1290) to. allow
emergency shelters in thc OlP, Office Industrial Park land use district. (See attached map 0.1' Area
6, Option 2.)
The Urgency Ordinance proposes to. add the property located as Area 6 (see attached map of
Area 6, Option I) to. the Emergency Shelter Overlay District. Approval of this Urgency
Ordinance (Option I) will allow HPC to submit and process an application for a Development
Permit 1 (DP-I) to. establish an emergency shelter. Upon approval o.fthe DP-I, HPC has stated
that they will withdraw their appeal and application for CUP No.. 08-21 fo.r 840 North Sierra
Way.
Financial Impact:
Undetermined.
Recommendation:
That the hearing be closed and that:
(A) Said Urgency Ordinance be adopted; o.r
(B) Said Ordinance be laid over fo.r final ado.ption; or
(C) The matter be continued for two weeks and staff be directed to. prepare an amendment to
the Urgency Ordinance (MC-1290) to include the OIP, Office Industrial Land Use
District and the area included in Option 2.
Attachments:
Area 6 - Option 1
Area 6 - Option 2
Urgency Ordinance
Ordinance
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LOCATION MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
Area 6 Option 1
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LOCATION MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
Area 6 Option 2
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ORDINANCE NO.
AN URGENCY ORDINANCE ADDING AREA 6 TO THE AREAS DESIGNATED
WITHIN THE EMERGENCY SHELTER OVERLAY DISTRICT AS PROVIDED IN
DEVELOPMENT CODE SECTION 19.10-E.020, DECLARING THE URGENCY
THEREOF, AND TAKING EFFECT IMMEDIA TEL Y.
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The Mayor and Common Council of the City of San Bernardino do ordain as
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follows:
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WHEREAS, Section 40(z) ofthe City Charter vests the Mayor and Common Couneil
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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
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WHEREAS, Sections 31 and 121 of the City Charter provide for the adoption of an
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urgency ordinance for the immediate preservation of the public peaee, health, or safety if passed
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by a two third's (2/3) vote of the Council; and
WHEREAS, Human Potential Consultants LLC ("HPC") has filed an appeal of the
Planning Commission's denial of Conditional Use Permit No. 08-21, to convert an existing 6,747
square foot chureh building into a 56-bed emergency homeless shelter (later reduced to a 36-bed
homeless shelter by HPC) at 840 North Sierra Way; and
WHEREAS, the safety of women and children staying at Option House Inc.' s domestic
violence shelter, located in close proximity to 840 North Sierra Way, would be jeopardized if
CUP No. 08-21 is approved; and
WHEREAS, HPC has requested that the Mayor and Council consider the property located
at 225 West Orange Show Lane as an alternative site for the emergency homeless shelter HPC
27 proposed to establish at 840 North Sierra Way; and
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WHEREAS, 225 West Orange Show Lane is a 0.63 acre parcel, APN 0141-281-44, with
a vacant 10,476 square foot warehouse-type building, and is located in the IL, Industrial Light,
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land use district; and
WHEREAS, 225 West Orange Show Lane is loeated immediately abutting Warm Creek
Wash and other light industrial buildings, and is isolated from sensitive uses such as schools and
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residences; and
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WHEREAS, on Oetober 20, 2008, the Mayor and Couneil adopted Urgency Ordinance
No. MC-1288 (incorporated herein by reference) whieh created the Emergeney Shelter Overlay
District, to permit the establishment of emergency shelters without requiring approval of a
discretionary Conditional Use Permit; and
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WHEREAS, on November 25, 2008, the Mayor and Council adopted Urgency Ordinance
No. MC-1290, which amended and extended MC-1288, amended the Development Code and
established 5 Areas of the City within the Emergency Shelter Overlay District; and
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WHEREAS, HPC has represented to the City that ifHPC is granted a Development
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Permit to establish an emergency homeless shelter at 225 West Orange Show Lane, that HPC will
withdraw their appeal and application to establish an emergency homeless shelter at 840 North
Sierra Way;
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NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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Section 1.
The Mayor and Common Couneil find that the above-stated Reeitals are
5 true and hereby adopt and incorporate them herein.
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Section 2.
Area 6 is hereby added to the 5 Areas previously designated within the
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Emergeney Shelter Overlay District as provided by Development Code Section 19.10-E.020 and
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Urgency Ordinance No. MC-1290. Area 6 consists ofa 0.63 acre parcel, APN 0141-281-44,
located at 225 West Orange Show Lane, as depicted on the maps attached and incorporated
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herein as Exhibit A.
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Section 3.
This Ordinance is based upon the reeitals and findings set forth above, and
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the aceompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to
the authority granted to the City of San Bernardino in Artiele 11, Section 7 of the California
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Constitution, and Sections 31, 40(z), and 121 of the Charter of the City of San Bernardino.
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Section 4.
Urgeney. Pursuant to Sections 31 and 121 of the Charter of the City of
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San Bernardino, this Ordinance shall require passage by a two-thirds (2/3) vote of the Couneil,
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and shall take effeet immediately, for the immediate preservation of the public peace, health, or
safety. Unless this Urgency Ordinance is adopted, Human Potential Consultants LLC will pursue
their appeal of Conditional Use Permit No. 08-21, to establish an emergency homeless shelter at
840 North Sierra Way. The establishment of an emergency homeless shelter at 840 North Sierra
Way will jeopardize the safety ofthe women and children staying at Option House, Inc.'s
domestic vioIenee shelter located in close proximity. The property in Area 6 will provide an
F:\EMPENO\Ordinances\Emergency Shelter Urgency Ordinance 7-14-Q9.wpd
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alternative loeation for Human Potential Consultants LLC to establish an emergency homeless
shelter.
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Section 5.
Compliance with the California Enviromnental Quality Act. The Mayor
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and Common Council finds that this Ordinance is not subjeet to the California EnviromnentaI
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Quality Act (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or
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reasonably foreseeable indirect physical change in the enviromnent) and 15060(e)(3) (the activity
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is not a project as defmed in Section 15378) of the CEQA Guidelines, California Code of
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Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to
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the enviromnent, direetly or indireetly.
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Section 6.
Severability. If any section, subsection, subdivision, sentenee, clause or
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phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid
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or ineffective by any eourt 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
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Common Council hereby declares that it would have adopted eaeh section irrespective of the faet
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that anyone or more subsections, subdivisions, sentences, clauses, or phrases be declared
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unconstitutional, invalid, or ineffective.
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1
AN URGENCY ORDINANCE ADDING AREA 6 TO THE AREAS DESIGNATED
WITHIN THE EMERGENCY SHELTER OVERLAY DISTRICT AS PROVIDED IN
DEVELOPMENT CODE SECTION 19.10-E.020, DECLARING THE URGENCY
THEREOF, AND TAKING EFFECT IMMEDIATELY.
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5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
6 Council of the City of San Bernardino at a
meeting thereof, held on the
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_day of
, 2009, by the following vote, to wit:
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COUNCIL MEMBERS:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
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BAXTER
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BRINKER
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SHORETT
KELLEY
JOHNSON
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MC CAMMACK
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Rachel Clark, City Clerk
The foregoing Ordinanee is hereby approved this
day of
,2009.
PATRICK 1. MORRIS, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN
City Attorney
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Exhibit "A"
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PLANNING DIVISION
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1
ORDINANCE NO.
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ORDINANCE ADDING AREA 6 TO THE AREAS DESIGNATED WITIDN THE
EMERGENCY SHELTER OVERLAY DISTRICT AS PROVIDED IN DEVELOPMENT
CODE SECTION 19.10-E.020.
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The Mayor and Common Council of the City of San Bernardino do ordain as
follows:
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WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council
with the power to make and enforee 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
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WHEREAS, Human Potential Consultants LLC ("HPC") has filed an appeal of the
13
Planning Commission's denial of Conditional Use Permit No. 08-21, to convert an existing 6,747
14
square foot church building into a 56-bed emergency homeless shelter (later reduced to a 36-bed
15
homeless shelter by HPC) at 840 North Sierra Way; and
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WHEREAS, the safety of women and ehiIdren staying at Option House Ine. 's domestic
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violence shelter, located in close proximity to 840 North Sierra Way, would be jeopardized if
CUP No. 08-21 is approved; and
WHEREAS, HPC has requested that the Mayor and Council consider the property located
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at 225 West Orange Show Lane as an alternative site for the emergency homeless shelter HPC
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proposed to establish at 840 North Sierra Way; and
WHEREAS, 225 West Orange Show Lane is a 0.63 aere pareel, APN 0141-281-44, with
a vaeant 10,476 square foot warehouse-type building, and is located in the IL, Industrial Light,
land use district; and
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F:\EMPENO\Ordinances\Emergency Shelter Ordinance 7-16-09.wpd
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WHEREAS, 225 West Orange Show Lane is located immediately abutting Warm Creek
Wash and other light industrial buildings, and is isolated from sensitive uses such as schools and
residenees; and
WHEREAS, on October 20, 2008, the Mayor and Council adopted Urgeney Ordinance
No. MC-1288 (ineorporated herein by reference) which ereated the Emergency Shelter Overlay
District, to permit the establishment of emergency shelters without requiring approval of a
discretionary Conditional Use Permit; and
WHEREAS, on November 25, 2008, the Mayor and Council adopted Urgency Ordinance
No. MC-1290, which amended and extended MC-1288, amended the Development Code and
established 5 Areas of the City within the Emergency Shelter Overlay District; and
WHEREAS, HPC has represented to the City that ifHPC is granted a Development
Permit to establish an emergeney homeless shelter at 225 West Orange Show Lane, that HPC will
withdraw their appeal and application to establish an emergency homeless shelter at 840 North
Sierra Way;
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NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
Section 1.
The Mayor and Common Council find that the above-stated Recitals are
true and hereby adopt and incorporate them herein.
Section 2. Area 6 is hereby added to the 5 Areas previously designated within the
Emergency Shelter Overlay District as provided by Development Code Section 19.IO-E.020 and
Urgency Ordinance No. MC-1290. Area 6 consists ofa 0.63 acre parcel, APN 0141-281-44,
located at 225 West Orange Show Lane, as depicted on the maps attached and incorporated
herein as Exhibit A.
Section 3. 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 11, Section 7 of the California
Constitution, and Section 40(z) of the Charter of the City of San Bernardino.
Section 4. 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) ofthe 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 5.
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
F:\EMPENO\Oniinances\Emergency Shelter Ordinance 7-16-Q9.wpd
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or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
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.
III
III
F:\EMPENO\Ordinances\Emergency Shelter Ordinance 7-16-09.wpd
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ORDINANCE ADDING AREA 6 TO THE AREAS DESIGNATED WITHIN THE
EMERGENCY SHELTER OVERLAY DISTRICT AS PROVIDED IN DEVELOPMENT
CODE SECTION 19.10-E.020.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5
meeting thereof, held on the
Council of the City of San Bernardino at a
6
7
_day of
, 2009, by the following vote, to wit:
8 COUNCIL MEMBERS:
NAYS
ABSTAIN ABSENT
AYES
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10
11
ESTRADA
BAXTER
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13
14
BRINKER
SHORETT
KELLEY
15
16
JOHNSON
17
MC CAMMACK
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Rachel Clark, City Clerk
The foregoing Ordinance is hereby approved this
day of
,2009.
PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN
City Attorney
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F:\EMPENO\Ordinances\Emergency Shelter Ordinance 7-16-09.wpd
5
Exhibit "A"
LOCATION MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
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