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Home My WebLink About36-Development Services . CITY OF SAN BERNARDINO REQUEST FOR COUNC~C~JP):[ From: Valerie C. Ross, Director 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 Dept: Development Services Date: February 20, 2009 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. ~u.12~ Valerie C. Ross Contact Person: Aron Liang, Senior Planner, ext. 3332 Phone: 384-5057 Supporting data attached: Staff Report Ward: I FUNDING REQUIREMENTS: Amount: N/A Source: (Ace!. No.) Account Description: Finance: Council Notes: e~ 3/I~jc'9/ #;)L( Agenda Item No. 3(, L/- 0-0q - . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION 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 Back2round: 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). This 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. J8-2 J (Appeai No. 08-07/ Hearing Date: March /6, 2009 Page 2 of2 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 [mal 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 Index of Documents Constituting the Record Before the San Bernardino Common Council & Mayor on April 6, 2009: Agenda Item No. 36, Appeal of the Planning Commission's Denial of Human Potential Consultants' ADDlication for Conditional Use Permit No. 08-21 lAD Deal No. 08-07) The Second Supplemental Record Provided By Human Potential Consultants: Tab Date Document A. 03/31/2009 Letter From L. Nevitt to H. Empeno Re: Rebuttal Presentation B. 04/01/2009 Letter From H. Empeno to L. Nevitt Re: Nevitt's 3/31109 Letter C. 04/01/2009 Letter From D. Pole to H. Empeno Re: Issues Raised by the Council, Option House, and members of the public at the March 16,2009 public hearing. D. 04/03/2009 Letter From H. Empeno to L. Nevitt Re: Backup Agenda Materials Entered nto Rec, at MCC/CDC Mfg' t/-- /._/)0 by: ~ Iii rr-J '. {g ~ I Agenda n~ No: :3 (k;L, by: ~~ (L-, j City Clerk/COC Secretary ~ / City ot San Bernardino SIDIUEYI SIDLEY AUSTIN eLf' 555 WEST FIFTH STREET LOS ANGELES. CA 90013 (213) 896 6000 (213) 896 6600 FAX BEIJING BRUSSELS CHICAGO DALLAS FRANKFURT GENEVA HONG KONG LONDON LOS ANGELES NEW YORK SAN FRANCISCO SHANGHAI SINGAPORE SYDNEY TOKYO WASHINGTON, D,C IncvlttO.ldICly_com (213)Sg6-6669 FOUNDED 1866 March 31, 2009 By Fax and U.S. Mail Henry Empefio, Esq. City of San Bernardino Senior Deputy City Attorney 300 North D Street San Bernardino, California 92418 Re: Appeal of the Planning Commission's Denial of Human Potential Consultants' Aoolication for Conditional Use Permit No. 08-21 (Aoneal No. 08-07) Dear Mr. Empefio: As you know, we represent Human Potential Consultants (HPC) in the above-referenced appeal, which was continued to the Mayor and Common Council meeting on Monday, April 6, 2009. HPC respectfully and formally requests the opportunity to make a five-minute rebuttal presentation at the meeting in support of its appeal. This rebunal presentation will address questions and/or concerns that were raised by the Common Council and/or members of the public at the prior meeting on March 16, 2009. The rebunal presentation will also provide a brief overview of the issues for the Mayor and Councilman Kelley, who were not able to attend the prior meeting. This letter memorializes our conversation this afternoon, March 31, 2009, in which you represented that HPC's request for a five-minute rebunal presentation using PowerPoint was reasonable and that we will be given five minutes to present HPC's rebuttal unless the Mayor objects. Additionally, HPC respectfully requests that any additional materials prepared by the City Attorney's Office in advance of the upcoming meeting be provided to us as a courtesy. We look forward to receiving those additional materials via email by Friday, April 3, 2009. SdoIyAU.....U.Pjl.l.mitedl~bikl'pa."....f~PP'~lIi"""ilieliotl\OOMeovo.rSod..yAuIIit1~ropl LAllj22727v.l SIDL'EYI Henry Empeiio, Esq. March 31, 2009 Page 2 Please contact me immediately if this letter does not accurately reflect our conversation or if you have any questions. Thank you in advance for your continued cooperation. Sincerely, SIDLEY AUSTIN LLP ;tc{)!~ rYt.. () By' "T Lauren Nevitt cc: Terry Rahhal, City Planner LAI1522727v.l OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO .JAMES F. PENMAN ern,' ATTCJ91'iEY April I, 2009 Via Facsimile (213-896-6600) and Rel!ular Mail Lauren Nevitt, Esq. Sidley Austin LLP 555 West Fifth Street Los Angeles, CA 90013 Re: Appeal of The Planning Commission's Denial of Human Potential Consultant's Application for Conditional Use Permit No. 08-21 (Appeal No. 08-07). Dear Ms. Nevitt: I write to correct your letter dated March 31,2009, memorializing our telephone conversation that same day regarding the above-referenced appeal. In that telephone conversation, you stated that Human Potential Consultants (HPC) will request to make a five minute power point presentation at the April 6, 2009 Council meeting to review the presentation given at the March 16, 2009 Council meeting, for the benefit of Mayor Patrick J. Morris and Councilmember Chas Kelley, who were both absent from that previous Council meeting. I replied that because the Mayor and Councilmember Kelley were provided a DVD video and audio recording of that entire Council meeting, which included HPC's entire presentation, that you need not repeat your previous presentation. I stated to you that although five minutes may be a reasonable amount of time to briefly summarize your previous presentation and to rebut any new testimony/evidence presented on April 6, 2009, that the Mayor chairs the Council meeting and that the Mayor will respond to your request. F:\EMPENO\Human Potentia\\Lelter to Lauren Ncvitt2.wpd 300 NORTH ..D. STREET. SAN BERNARDINO. CA 92418.0001 . 19091 384.5355' FAX 19091 384.5238 Lauren Nevitt, Esq. Sidley Austin LLP April I, 2009 Page 2 In our telephone conversation, you did not ask for any time for rebuttal, but only requested five minutes to review your previous presentation. I did not state "that you will be given five minutes to present HPC's rebuttal unless the Mayor objects." Lastly, I did tell you that I will email to you by Friday, April 3, 2009 any new documents provided to the Mayor and Councilmembers on this Council meeting agenda item with the distribution of the Council meeting "backup." Please let me know as soon as possible if this letter does not accurately reflect our telephone conversation. Very truly yours, ~~. Henry f!mpeno, Jr. Sr. Deputy City Attorney cc: James F. Penman, City Attorney Terri Rahhal, Deputy Director, City Planner, Development Services Department F:\EMPENO\Human Potential\Letter to Lauren Nevittl.wpd ",;. . .. ~., ....:...'.-. ',<.,'- >- '" z "' 00 '" f- Z f- - " <( ~ ~ >- '" '" tz u u ffi r-: . "'ID(/'JO l: ,Z t-zP5 u.. <( J: ~ OU),....z w u.. Q::t:: uocJ.J _ >- Z OJ l.1..i-OZ Lr. - 0 <l: OU"'(/'J : : : M - 0- "0 ~,.., ~ 0'. Vl..... - u..;~CJ'J<- .:::U_ _ c: a:: > '';::;,:- v:." - U ~ ..... B Z <: ;;; g,..: _ :U,-_ i3 >0:;:':;: : ..." " :::l =0 V) rJj c.':l ._ V) 0 - ......JU'JV")....:J_ o () o 1','1 .i~ f') '.-1 o o l.n , SIDIEYI SIDLEY AUSTIN llP 555 WEST FII"TJol STREET LOS ANGELES, CA 9OO1:? (213) 896 8000 (213) 996 5600 FAX BEIJING BRUSSELS CHICAGO DAl~S FRANKFURT GENEVA HONG KONG LONDON LOS ANGELES NEW YORK SAN FRANCISCO SHANGHAI SINGAPORE SYDNEY TOKYO WASHINGTON, D,C. dpoleG>>.idley.com (213) 89&-8623 FOUNDED 1866 April I, 2009 By Fax and U.S. Mail Henry Empeiio, Esq. City of San Bernardino Senior Deputy City Attorney 300 North D Street San Bernardino, California 92418 Re: Appeal of the Planning Commission's Denial of Human Potential Consultants' Annlication for Conditional Use Permit No. 08-21 (Anneal No. 08-07\ Dear Mr. Empeiio: 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 Council Meeting and was continued until the Monday, April 6,2009 meeting. In advance of the upcoming hearing, HPC is writing to address issues raised by the Council, Option House, and members of the public at the March 16,2009 public hearing. The Citv Must Comnlv With Senate Bm2 The law compels the City of San Bernardino to approve HPC's application for a Conditional Use Permit ("CUP") to open an emergency shelter serving the needs of the City's overwhelming homeless population. Senate Bill 2 (SB 2), which became effective on January I, 2008, amended both California Housing Element Law and the Housing Accountability Act, so as 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 mandates 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 Furthermore, under SB 2, the Housing Accountability Act prevents local governments from disapproving emergency shelters in other permissible land use zones unless one of five narrow exceptions is met.2 In denying HPC's CUP application, the Planning Commission 1 Ca!. Gov't Code ~ 65583. , Ca!. GOV'! Code ~ 65589.5(d). S4ey A\<llil u.P il alll'llihld lillbiUy Plrtnentip praditing., -'filiation ..,;lh "". 5odloly "'UI~" ~~. LAlm6850v,2 SI~D'LEYI Henry Empeno, Esq. 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 Housing Element and is out of compliance with this aspect of SB 2. Additionally, the City may not avail itself of the second Housing Accountability Act exception because the proposed shelter poses no "specific, adverse impact upon public health or safety.'" To establish that the proposed shelter would pose a "specific, adverse impact" the City must demonstrate 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 ofa "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 Concerns Raised Bv Option House Can Be Mitir:atcd Satisfactorilv While HPC lauds the City for being sensitive to the community concerns raised by Option House at the March 16, 2009 hearing, such concerns do not excuse the City from 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. In fact, Dr. Garnett Newcombe, the CEO and co-founder ofHPC, has attempted to reach out to Option House to discuss 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 Executive Director of Option House, to request an opportunity to meet. HPC has since contacted Option House via telephone to follow-up on the March 30, 2009 email. Hopefully, a meeting between HPC and Option House will have occurred by the next City Council meeting on April 6, 2009. 3 The project 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." Cal. Gov't Code 9 65589.5(dX5) (emphasis added). 4 The project would have a ~'specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without...rendering the development of the emergency sheller financially infeasible." Cal. Gov't Code ~ 65589.5(dX2). 'Cal. Gov't Code 965589.5(dX2). 'ld. LAI ISI63SOv2 SIDiEYI Henry Empeilo, Esq. April I, 2009 Page 3 Unfortunately, however, in letters written to the Common Council and Mayor on March I 1,2009 and March 12, 2009, Option House 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 "[f]leeing from family violence is not as important as rehabilitating the lives of perpetrators of family violence.'" 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 and mentally 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 a subset of the homeless population. An even smaller subset of the homeless population is comprised of those parolees and probationers who may have committed acts of domestic violence in their past. Therefore, by encouraging the City to deny HPC's CUP, Option House is focusing the City's attention on a small portion of the homeless population that HPC 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 found "significant, quantifiable, direct, and unavoidable impact[ s] based on objective, identified written public health or safety standards, \rlicies, or conditions as they existed on the date the application was deemed complete." The concerns expressed by Option House do not provide those objective 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" confront her abuser. These subjunctive and speculative concerns are one ofthe main reasons that SB2 was enacted - to prevent NIMBY attitudes from 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 community and will only provide shelter and services to homeless individuals from San Bernardino. Accordingly, HPC will be housing and rehabilitating those individuals who are already living on the streets of the City, people with whom residents of Option House can come face-to-face everyday. The homeless of San Bernardino huddle at night on street comers, sleep on city benches, and take refuge in encampments at Seccombe Lake. Such individuals are already in the immediate vicinity of Option House and its residents. HPC's proposed shelter will provide housing and programmatic services to these homeless individuals thereby addressing the more serious threat that unstable street life poses to the residents of Option House. 1 See March 11,2009 Leiter from Prolima Pandey of Option House to Mayor Morris and the City Council. . Govt. Code ~ 65589.5(d)(e) LAl151685Ov.2 . SID'LEYI Henry Empefio, Esq. April 1, 2009 Page 4 Aside from its generalized assertions, Option House has only identified a single, concrete issue posed by the proposed shelter. In its March 12, 2009 letter Option House suggests that "[t]he new problem that [HPC's] facility would cause is that there is no way for us to know if a [domestic violence] perpetrator 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 opportwrity to work with Option House to develop screening procedures to ensure that HPC's clients would not interfere with Option House's "safety transfers." Therefore, this "problem" is easily mitigated through collaboration and is not a "significant, quantifiable, direct, and unavoidable impact" upon public health or safety as required by Cal. Gov't Code g 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 like Option House and HPC who seek to assist the underserved homeless and abused populations in the City. One homeless shelter does not preclude another. "PC "as A Pronerty Interest And An Investment In The North Sierra Way Site 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 denied. 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 misinfonned and ignores the substantial investment that HPC has in the North Sierra Way site. First, 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 better positions HPC to obtain government funding. Despite the fact that the company is structured as a for-profit entity, any profits derived from government contracts are fixed and result from HPC's very strict adherence to specific line- item budgets as mandated by each contract. HPC is committed to its mission to provide stable housing, life training, and employment services to those 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 underserved populations 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 North Sierra Way site, which it will not be able to recoup ifthe 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- LAIISI6IS0v.2 SID'LEYI Henry Empeilo, Esq. April 1, 2009 Page 5 making on the CUP? To this date, HPC is still 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 finalized. Furthennore, HPC has invested over $50,000 in rent, architect fees, and the cost of the CUP itself. Third, it is unreasonable to suggest that HPC should be able to find another shelter site in the City. HPC chose the North Sierra Way site because the existing church structure has unique characteristics that will enable HPC to easily and effectively retrofit the building into an emergency shelter. In contrast, sites available in the Industrial Light (IL) overlay zone designated by the City's Urgency Ordinance are inadequate and do not share these unique characteristics. Approximately 90% of all of the sites in the overlay district are unavailable for emergency shelter development because they do not comply with the I,OOO-foot public transit stop 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 shelter. HPC would have to engage in costly new construction in order to develop an emergency shelter on one of the sites. HPC simply cannot afford to develop a new site within the City. "PC Will Secure Fundinl! When The CUP Is Approved Bv The 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 be willing to share infonnation about its funding of this proposed site as soon as the CUP is approved and funding is secured. Additionally, the City should note that HPC's well-positioned ability to secure state and federal government funding will enable HPC to run the proposed shelter without requesting any funding from the City. HPC's proposed shelter will benefit the citizens of San Bernardino at no cost to the City. Therefore, the City can use Community Development Block Grant (CDBG) funding or funding from 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 CUP No. 08.21 was first set on the Plarming Commission's agenda on September 16,2008 and was twice continued before the Planning Commissioo issued its denial on November 5, 2008. Following the deoial, HPC filed an application for appeal to the Common Council on November 20, 2008, and was not placed on the Common Council's calendar until March 16, 2009 at which time the City Council again continued the matter until April 6, 2009. LAllSI6i50v.2 SID'LEY! Henry Empeno, Esq. April I , 2009 Page 6 "PC's Proiects Receive Wide Civic SUDDort On March 26, 2009, HPC opened the A&W Adult Resource Center in Lynwood, California, with Aide Castro, Mayor Pro Tern of Lynwood and Councilmember, participating in the official grand opening and ribbon-cutting ceremony. The opening of the A&W Adult Resource Center has generated support 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 Angeles County Supervisor Mark Ridley-Thomas, Second District, have issued statements supporting the new facility. Additionally, Congresswoman Linda T. Sanchez awarded HPC with a "Certificate of Special Congressional Recognition" in honor of HPC's contribution to the community of Lynwood. Enclosed is a copy of the Congressional Recognition Certificate. This type of civic support is further evidence ofHPC's commitment to 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 support 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 mitigated. Thus, the City has a legal obligation to approve HPC's above-referenced appeal. HPC looks forward to addressing any additional concerns at the April 6, 2009 hearing. Sincerely, USTIN LLP a/AL t'1J-fL!vtdl Debra E. Pole cc: Mayor Patrick J. Morris; City Councilmembers Esther Estrada, Dennis Baxter, Tobin Brinker, Chas Kelley, Rikke Van Johnson, Wendy McCanunack; Terry Rahhal, City Planner Enclosure LAIISl6850\'.2 ~!!,th~~ ~~~ !!'{!j{'tpJfdmt<<1iM& <@e~!I~ ~~~naI rPJ{'~/}litibJl; rPJi'MJen1ed P/; $~ ~~W~ ~, ~W/}e and rfj(~lli1kNl;!I pue adtlituNl; tD tIte eommtu~ !I~IlUJ~od :Marcli 26. 2009 . Date ~l7~ LimYaT. 6ncb~ Mem ofC .JAMES F. PENMAN CITY A TTORN~Y April 3, 2009 Via E-mail only-lnevittavsidlev.com Lauren Nevitt, Esq. Sidley Austin LLP 555 West Fifth Street Los Angeles, CA 90013 Re: Appeal of The Planning Commission's Denial of Human Potential Consultant's Application for Conditional Use Permit No. 08-21 (Appeal No. 08-07). Agenda Item No. 36, April 6, 2009 Council Meeting Dear Ms. Nevitt: Attached please find the "Agenda Backup," which are the documents submitted to the Mayor and Council by the Development Services Department and the City Attorney's Office regarding the above-referenced matter. The documents listed in Terri Rahhal's Memo are not attached because they are already in your possession. Item No.3, "Ordinance No. MC-1290: Emergency Shelter Overlay District" was emailed to you on March 13,2009. Very truly yours, ~~~, Henry Empeflo, Jr. Sr. Deputy City Attorney F:\EMPENO\Human Potential\Lctter to Lauren NevittA.3.09.wpd 300 NORTH "0" STREET. SAN BERNARDINO, CA 92418-0001 . (909) 384-5355. FAX (909) 384-5238 ~I!f(; "iYE- CITY OF SAN BERNARDINOC1TY ATT~R EY Development Services Department - ~lfijl" DiJisi~ I' Interoffice Memorandum ", L 2.3 TO: Mayor and Common counCi~ , ,7;e. Tern Rahhal, CIty Plaoner 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 Empeiio, Senior Deputy City Attorney; Valerie Ross, Development Services Director; Jorge Carlos, Executive Assistant to Council Tht? f~Uowing additional items are transmitted for review and reference: -, \. ' I , , L A letter dated April I, 2009 from Debra E. Pole of Sidley Austin, LLC / I - 2. A letter dated June 19, 2008 from Human Potential Consultants, presenting ba9kground information and a program description . 3. Ordinance No. MC-1290: Emergency Shelter Overlay District City of San Bernardino San Bernardino Police Department Interoffice Memorandum To: Mayor and City Council From: Lieutenant Ronald Maass, NW District Commander Subject: 840 N. Sierra Way Date: April 2, 2009 Copies: 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 emergency 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, Lorna 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 Commission and the City Council. Based upon this information and matcrials 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. 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 THE SBPD IS COMMITTED TO PROVIDING: PROGRE..%IVE QUALllY POLICE SERVICE; A SAFE !::NVIRONMf..:NT TO IMPROVE THE QUALllY OF LTFE; A REDucnON IN CRJME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING +:,Ja~ !iI 36 '+/6/0'1 Page 2 physically and psychologically secure envirorunent 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 surroWlding 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, 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, possibly 100%. The applicants are proposing a 56 bed facility (48 males 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 fWlding sources through a referral basis. They specifically stated that they would only accept those with referrals from entities that would pay for the services provided. HPC would not accept walk-in or law enforcement drop-offs for clients. 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. 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 Page 3 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. Vernon 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 151 I 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 II, 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. Received: 911 Incident Query System CALlS FOR SeRVICE - INQUIRY RESULTS Trace; Created By Created On Requested By N2236 03/31/2009@08.1l.S8 DET PASSO-S8PD Parameters: Date Range location Mar 31 2009 1 Ma r 31 2009 2007-03-31@OO.OO.OO thru 2009-03-29@05.30.00 1511 GRAMERCY Results; NUMBER DATE TIME TYPE DESCRIPTION 7138006221 05/18/2007 23:43 6200 DISPUTE DOM VIOL -Number of records"" 1 (output this list to a spreadsheet] LOCATION 1511 S GRAMERCY PI, 3 http:// ecccs.lapd.lacity .org! cfrnx7 1 ecccs/display Hits.cfm ?reqllesttimeout=300 .15 P.02 Page 1 of 1 [,upport] [log out] RD REPORTER 767 SHERYL 3/31/2009 Received: LOS Al-"G1!LES POL:cr DEPAR.THtNT D.te ~ 'J)/n/o'J Time: 'J1I.1J Inc1deJ:lt. Nuntler ..~ Typo D1spo --~_..m~::=== 0'01l50011iZ 08,d ". oee OIlOll)OO4.2S0 20,18 .06 OCCSN IlfCIDENT A.ddron War 31 2009 1" Ma r 31 2009 "- E C ALL 15 P.03 PAGi:~ 000001 Reque.t~d By, ULLOA, M-~)6 P-unlt R~po~ NUmber 1511 GlW'lIUtCY j2 151l C>AAMD.O PI. ..W~_________~=:~C.~~~~~_______~~=.==O=CM ------~='" uwn 71:12 ., '7 MAR-29-2008 12:30 From: D --."'-'---" T, ,0938~5739 P.l/1 CCAO: mTN. OF ).6 HITS, 16 DlSI?l..AYEO, DR/llKG NBR RD ST NBR DIll, STREET NAME 'l"lP AlCC CA'l'E OF OCCVRENCE ...._...........~..- -..........---........-...--- ----.--..---.----....--- 00072l.l67 0767 1511_ S GlRi'MERCY PL 0400 06/15/2000 06/15/2000 010701617 0767 1Sl1 - S GRAMERCY PL 4416 OS/30/2001 OS/30/2001 030716463 0767 1511_ S GRi'MERCY PL 0500 OS/21/2003 OS/21/2003 050706703 0767 1511 - S GRAMERC\' PL 4000 02/1S/2005 02/15/2005 060736690 0767 15:1_ S ORAMERCY PL 1400 l2/26/2006 12/26/2006 - 2L/z.. 06070S679 0767 l511 - S GRAMERCY PL 1400 01/24/2008 01/24/2006 080707539 0767 1511 S GRAME'RCY PL 1400 02/17/2008 02/17/2006 71.{ Z-. - 080722265 0767 1511_ S ORAMERC\' PL 4900 06/01/2008 06/01/2008 ~MT11 ,--1-/ 060727265 0767 lS11 - S GlRi'MERC\' I?L 3200 06/25/2006 08/25/200a (ISl--j 092005415 2071 lS11 - S GRAMERCY PL 3200 01/26/2005 01/26/2005 (,12) 092005416 207l 1511 - S GRAMERCY PL 0500 01/28/2005 01/28/2005 (In) 1715543 0767 lSll S GlRAMERCY PL 12/02/2008 12/02/2006 ;?,{ "",.) - - 6457734 - 0767 1511_ ~ GlRAMERCY 06/15/2000 06/15/2000 7032822 - 0767 1511_ S GRAMERCY PI,. 09/30/2001 09/30/2001 8216712 - 0767 ).5l.l - S GRAMERCY 07/28/200' 07/28/200~ 970i34.079 0767 l5J.l - ~ GRAMllRCY PL HOO 05/H/H57 0~/).4/1997 .............. END OF RllPORT ...."..." OUTPUT MSG 001, FROM INO# OL3?YY\'~03/30/2009 13:25 Received: Mar 31 2009 l' Mar 31 2009 ,15 911 Incident Query System CALLS FOR SERVICE - INQUIRY RESULTS T",ce: Created By Created On Requeste<l 6y N2236 03/31/2009@08,17,44 DET PASSO-S6PD Parameters: Date Range Location 2007-03-31@00,00,00 thru 2009-03-29@OS,30.00 1718 VERNON Results: NUMBER 7142000583 DATE TIME 05/22/2007 05:04 TYPE DESCR!pnON 006 CODE 6 LOCAnON 1718 VERNON "'Number of records= 1 [Output thIs list to a spreadSheet] http:// eeccs.lapd.1aeity .org! efmx7 / eeees/display Hits.efm ?requesttimeout= 300 P,04 Page 1 of 1 [support] [10' ou'] RD REPORTER 3 3A63W3* 3/31/2009 Received: 911 Incident Query System CAllS FOR SERVICE - INQUIRY RESULTS Trace: Created By Created On Requested By N2236 03/31/2009@OB.1B.37 Off PASSO-SBPO ParameterS!: Da;te Range Location 2007-03-31@00.00.00 thru 2009-03-29@05.30.00 171B-1730 VERNON Results~ NUMBER DATE TIME lYPE DESCRIPTION 7142000583 OS/22/2007 05:04 006 CODE 6 7096003612 04/0B/2007 17:S9 242A BATTERY AMB EIR 7100005646 04/10/2007 23:13 21lTl ROBBERY ATTEMPT llO 7095002745 04/05/2007 14:03 906BIF ALARM BURG RINGER FALSE *Number of records= 4 [output this list to Cl spreadSheet] Mar 31 2009 1 Mar 31 2009 LOCATION 1718 VERNON 1719 W VERNON AV 1721 W VERNON AV 1730 W VERNON AV htto:// ecccs .lapd.lacity .org/cfmx 7/ecccs/displayHits.cfm ?requesttimeout=300 .15 P.05 Page I of 1 [support] [1090u,] RO REPORTER ) 3A53W3* 395 ROBERT 1203 ALFONSO REYES 12C3 lASGf176 3/31/2009 Received: LOS.l4~S POLIa DEPAR.1'H1:WT Dilt:8' 03/31{09 Ti!ll.o: 08:2" Inci4ent ~er 'J:i.mt: Type :Oi.spo ===:=;;======;: 01122700072& 04.:27 S94.S)l 1tPr.. OQ10CQQ04,4097 ti,.1 00< C>Jp 08~111lOO3n4 171H ". occ 09021200U 77 17:34 4l:5H OCCS>! 07l2010016SA, 11:08 9t8M """aN OIlOlOSOOU1J 12:55 4151': CLO Mar 31 2009 1 ~ar 31 2009 :x }l C I I: E N T J.E:CALL .-... ~~___~_____~~______________~~~s========~=. lna~~ 171" .. VEMON 171lil 'W VJ:R)l'ON 171.1 III VERNON Jl,.V ll1& N VEP.NOl'{ AV 1.711 P VERNO~ AV ~) .15 P.06 PA(;E, 000001 ULLOA, M-~36 i.eport Yurnb~:t" lI.\!qlJ.ut.\!d By: P-WUt 14A73 '11'3 l.i:tS5 W4 l.2A4~ W2 lJIS6" Jl4 1.2A45 ~2 Received: W>r 31 2009 1 Ma r 31 2009 .15 P.07 INCIDENT RECAL:" LOS ANG&LE6 POLICE CE'PAA'!11EN1' Pl.GE, 000001 Date: 03/n/cS! TltM!, 011 ,:27 Ro;queited By: 'L':..LOA., M~2)6 l';nc:i.dl;:m:; l'IUlI'ner 'rime Type DUpo Mdn::s~ P-UDlt Roport Nl.Jmbe,r ==:=====.==~== ~~C~2.~.=:=::::=aa.~~_______~~__.========== :=::=.."'.------ Oe011.70Cn;a ~7:5' 9UIJ'l >'l1! 171& H VERNON .v QII020;ZOOlO91 011:07' 9111111 - 17115 . VERNON 'V m.' IQ 01102090040751 190123 24.spe RPTSN 1i'l1l . ~N AV l:lDi; "' Ol102090QUSl6 20:17 100 >l'1 1718 . """"'" .v 080216'0002" 01;2!l "'" OCCSN 1718 W \IEI\NON .V 1:O}.15 ., 01103:1.6002963 16:]2 ':'SM CPR 1nll . """"'" AV Received: LOS~GXI.&:.PO.I.J:CE D'EPAJl.n-InJT D&tl!" 03/3:/O~ Titne, o e ~ :2" llU:ilkJ.\t NumtJar Ti.. 1YPO =="'==--==--==- 080,,:ZSOOf,9H 22:<1"1 1Il5M: 0110501.0026)5 D,O$ '00 Oe08310036'U 15:52 tl5W 0110927000055 00,0.9 241M 0609)0001250 09;113 "::"5:'1 08100&002..39 13 ;02- '0...... DiliPO INc::ni:NT RECALL A4<1rQ55 Mar 31 2009 1 Mar 31 2009 .15 P.08 .%=~===="'''''''==='''''''''======m'''=====",=",====~=.... P-uc.ic "AGE: 000001 Reque8teO ~y" ULLOA, M.2}6' llIlpon NUmber CPR 1715 " VERNON AV R.PT 1719 11 VER.NQN AV CPJl liltl . VER.;.,ON AV occ~ oceaN' RfTl!IN 171i II' VD."1ON AV 1718 W ~N AV 1119~VE'P.NOtJAV 12AS1 12A." ST21 .) ., "' Received: Mar 31 2009 " M.r 31 2009 15 P.09 t:tl'ClDSNT REe.\!.L LOS ANGELES POLl CE DEPllTMD,''1'' i'AGE: 000001. DG.ee. OJn1./C9 '!'ill'le' 08;21 ReQ".luteo. iy, t.'I..LOA, M-:aH Inciden~ ~er 'I'l..me Typo DiqlO Add:re.o. P-un.1~ Jleport N\mIber ...a..=~~~CC~~Q :=====~Mh_________~_~c~::=c====~&~_______~ ____~_....."""'===c Oi1024000649 06 " 1" ."., ::'1111 W !JEfU..'ON AV Ollll2Jo:n7n " 59 415M <:OASK 17111 . VD:NON AV 12A!i6 K2 Oi1.2180~S4'€ " '44 4.HrD 11111 W' VERNON AV JA6} ., DII121900501)5 21!'(9 ..15M C'" l1U1 . ~ONJ.V 0&122300489? ~<'18 BOM 1'119 . ~ON""V 12A'I5 ., 0901020'09H o 9 ~ J J 4151'1 COASlf 11111 W VERNON AV 12>", ., Receiv~d: t.OS ANGBL~6 POLICE DE:i;'1o.RTMENT Date, oJ/Jl/09 Time: :)&:27 Inei4~t Number T1rna Tw. tli5'f>O "'="'.....----..:"'== 090206003180 16:55 USI'l OOASN o,C30700oQ,Ull 19,16 ..8li11 IU"I 011020500366:0 17110 lOO RPT I N c:: ::l!: If '!' RECALl, ~ddr... Mar 31 2009 1 Mar 31 2009 .15 P. 10 PAG!:: OOOOOl ~equ&8~.d By: ULLO~, M-236 P-\ll\1t Jl.e.pon NumbU' _~==:=",==._______.=aa~~=~~________.~::=====: W7 ins " VE~N l\V 1nelll~)<A.V 1718 't1 VERNON AVE lZM Received" U:>S Af;GEL:5':!I I?Or-!CE DSPMDlW'r Date: 0)/31/09 rla\e: Oll,.U Io.dlle.nt. "",",,,,, ':ll1\e l)'pe Dlspo ::;===:======:; 080117002737 14:51 1'202 ace.. D(l0926'002053 u"J,O ,,, ... 011120)001167 0&;52 '0,) OOASN I }; C ~ P ~ N Z' A!l4re. . 1730 W VERNON AV 1130 " ~ AV 17JO " VD.NON AV d) Mar 31 1009 l' N. r 31 2009 R:S C I\. L L . , 6 P.11 I?AGE, 00000:" R~~~5~cd By: ~~LOA. M-.l6 1?-u.cJ.t. P.eparc ~I;r la4.9 .2 l2.AS3 "" Received: Mar 31 2009 r Mar 31 2009 .16 P. 12 LOS ANGELES POLICE DEPARTMENT WD.1.IAM ]. BRATTON Ollef of Poice P. O. Box 30158 lD5 Angdes, CA 90030 Telephone: (21l) 97&6SBS 100: (an) V5-S273 ReI'#: 9.2 AfrfONI0 R... VILl..ARAIGOSA Mayor AFFIDAVIT I state that L Martha Ulloa . Serial No. N2236 . am a duly authorized Custodian of Taped Records of Communications Division and have authority to certify the attached records. The accompanying attachments are true copies of all records described in your request. The records were prepro:ed by personnel of the City of Los Angeles in the ordinary scope and course of business at or near the time of the acts or events. I attest the above to be true under penalty ofpeIjury. l~)/A Signature Wo'f I Date: WILLIAMJ.BRATION Chief of Police ~ IT, Captain C anding Officer ConunuuicationsDi~~on Attachments AN EQUAL D(PlOYHENT OPPORTUNITY. AfFIRMA.TIVE ArnoN a4'Pl..DYER www.LAPDOnI.Jrre.Of?1 ",;wwJDInJ..APD.a:N1I CITY OF SAN BERNARDINO Development Services Department - Planning Division Interoffice Memorandum FROM: Mayor and Common Council , # / 11 .7cf?~ Terri Rahhal, City Planner TO: 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 Empeiio, 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: I. A letter dated April I, 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 4- 6 -o~ A1JtnJfIt Ef~ $~ u.1.U.1.~Y ~idley Page 1 SID'LEYI SIDLEY AUSTIN ~~p ::t::t::t WEST FIFTH STREET LOS ANGeLE!!. CA 90013 2138iE1eooo 213896 6600 FAX BEIJING B~USSELS CHICA.GO DALLAS GENEVA HONG KONG l.ONDON L.OS ANGEL.ES NEW YORK SAN FRANCISCO SHANGHAI SINGAPO~E TOKYO WASHINGTON. DC def1Jse brownOsidlev.com pl:\)A~l'I'U"7 FOUNnFn ll'1fi,fl FACSIMILE TRANSMISSION FORM Date: A rill 2009 No. of a es ineludin eover sheet: 8 To: Hen To: Ma or Patrick J. Morris 909 384-5067 To: Ester Estrada 909 384-5105 To; Tobin Brinker 909) 384-5105 To: Dennis Baxter 909 384-5105 To: Ter To: Chas Kelle To: Rikke Van Jobnson 909 384-5105 To: Wend McCammack 909 384-5105 From: Denise D. Brown Ext. 46882 Floor: 41 COMMENTS: Appeal a/the Planning Commission's Denial a/Human Potential Consultants' Application/or Conditional Use Permit No. 08-21 (Appeal No. 08-07) . . . . . . . . . . . IRS Circllhu 2~O niqcJolU~: Tn comply with c~rtain Ill\;. TrrMur}' rrgulalinn!l. we inform ynu thal,. unle!ls expre!lsly stated otherwise. any U.S federlLl Lax advice coOUt.inetl in Ibis communication. including attllChmenls, "'''5 nOI intended or writrClI to be uscd, 1'I11d ~l1not be used, by IIny [lL'll:pay~r for the purpose of ilvoiding an)' penahit'\: IhMl mflY bt" impu~1 un \:\Il;h IM.ltpMyt'r by lht> lntenlitl Revr-Mll\" Servk.r. Tn Addition, if l'lny ruen tax advice is used or feferred to by other parties in promoting. markeling nr r~c(lmmending all)' par1ner.,;hip UT uLher tTltily. invedment "lam or lU'nUIgement, them (i) the advice should he cnns:lrUed Jl); \Witten in connection with the promotion or marketing by others of the tr2rtl8ctlon(J) OT matteT(s) IIddres~d in this communication and (ii) the taxpayer should seek adviCe based on the taxpayer's panicular circumstances from an independent tax advi!lOT. . . . . . . . . . . . Problems with this tratuntis.s;oll should be reported to: (213) 896-6882 THIS MESSAGE IS INTENDED ONLY FOR mE L'SE. OF THE lNDrvmuAL(S) OR ENTJTY(IES) TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIEl\"T OR THE EMPLOYEE OR AGENT RESPONSIBLI; FOR DELIVERING THE MESSAGE TO TRE INTENDED Rl:CIPIENT, YOU ARE HEREBY NOTIFIED THAT ^NY DISSEMINATION. DISTRlBlrTTON OR COPYJNG OF THIS COMMUNIC,\ TlON IS STRICTL1:" PROHIBITE.D. IF YOU HAVt,; Kt,;(;.t;IVI::D "'HIS COMMUNICATION If'Il I::RKOK. NOfl}"V lJS IMMt:DIAn~';LY BY 'n';L1:I"HONE AND Kt.:TURN THE ORIGINAL MESSAGE TO US AT nlE ABOVE ADDRESS VIA TIlE U.S. POSTAL SERVJCE. SIdley AlMln W' II a 1rn/te.clI..tty D..-rIetII'Ilp praetlr:lng lIlllllllWOn ",,"11'I ONt SIdley A.u.51Ir'! 1IMneI"I~"'J Received 04-01-2009 01 : 310m From-Sidley To-CITY OF SAN BERNARDI p,.. 001 , HUMAN POTENTIAL CONSULTANTS "Your Link to a Better Future" .JUIlC 19. ~IIIIS Dewlopmclltal Senices Department Jill) :\orth "D" Street Sail l3crnal"elino. C\ 9~-+ 18-000 I SI B.JFCr: Bat'kground on Human Potential Consultants and Analysis of the Proposed Adult Homeless and Resource Center ABOlT lS ht;thlishcd ill 1997. Ilulllan Potential Consultants. LLC IHPCI is CcT1iJil'd hy the' I S. Smallllu,iness .\dministl"ation as a Small Disadvantagcd Busincs> 'Ii lei Sla) hili!: ~hc State' nrCditornia Sm.dl flusiness and Los Angeles County Sm,dl llusincss r:nlc'rrrise'. t-k;'il.J..]UarlL'rs ill Cdrsllll. C/\.. HPC was origill~dJ~ Cuundcd as ~1I1 ".1!tL'rll,lli\\..' rl'SI)olr~l'" t~\r thc One-Step C'-'Illers throughollt Los Angeles County. As a result ol'"n impCle.dlk n:.'!'Ul;.Hiol1 thnntLdh1ut the nation for buildin!.! IOC3/ eCOlll)I11JcS rhrull!.!h !Ull'o!.-lI..:"lr, I\}h~ '..... '- ..... - . \\ithiil tht:' communities \\here their respL'ctivt' projects art' Illcaled. HPC he~all ill \..'\j1;'llh! lJ1h} dk' rL\llm of managing \\'orkforce cc'llkred proje'cts ~Il(! olltplaccllll:l1[ Sl.,:'n 11..'1........; J; ll" di'pl"Cld employ""'; administrati\e support ,rafting ,"ni""s: dud adult "duC<ltiuilai :1,1.1 <ll(upational residential centers. Sl\I.\/ARY DESCRIPTION OF PROGR\.'" rhl.' propus\.?d Adult Ilul11L'kss and R~sollrL';': Center ~hULl!d III It hI..' LO, '1111.1:'l.'j \\ il;; ..1 .!r!_j~_ li\:;11.1h...'nt Ill" drll,!1 rehahilitatiun Cl.'llk'!'. ()J1 thl.' othl'f h~lll,j. ihe \duit j 1\ 111 li..: k-.\ " ;ll'd !\...':-'\Iurl.\.: ("\"'I'i:l...'r i.;; ,[ J\.:....idL'ntial [r~ljlljng ~l/h.l \.:l11pltl~llk'i"d ()PP~"tl:l1:l: :l~~lt .ll.!d.-,,-, <:; lhL' mU!llrdl.' harri...'!""; ll(I.'Il~fllo~I11t'Il( .....\Pi..'riL.I1L\...'J h~ ~IJidl:-;. \\h,) r~ld\ ""\.~III."~l1i\)n ~lt~l.! \IIClthlll;d -;f.-j:)-.; I I PC.."; .\dult I f'1I11L,k,...;...... ;IllJ RL',...,tIUJ\.\.' C,-.'Ilkr ......lull prl,l\ i...k:;l \.'.IJjlP: ~':h.'I)>I\...' ,,-',iI"...',,-'!" dl...'\dlIPI1lL'llt SLT\ ic>.:s [p r...:sidL'llh including ~IL'al..k,tl~iL'.. SllL'i~l! and il1,J.....Jll.'ldl..lll li\ Illg :.;k:lis. car........'!" l"1..:ll!il.L'......:..; !r.lining ;Illd ullh.:r...;llpPllrti\.... _SI.T\ iCL'S. I hI....' ul;i'..FIl.' ~IJllaig<.lm;:tjlll1"" ....,...- 500 Hmon Plm Dr,ve, 5uite 127 . Cd/son, C00146 ' 1.ll 10) /56-1560 . Ell 10) /56-1562 . info"hp"mploymenl.org _u.A.r:._ _ oi...'...._..;.." ~ IIPC .\nil)) "is l)frht.' Pnlpost.'d ;\Jult Hllllh:1L's~...( /{~SlHlrl:r: c.:nh.:'r ragr: 2 6 I q c008 of car~~r ori~nt~d s~rvic~s ar~ tailor~d to each resident's need: thc skillmixtur~ shall allo\\ ~ach r~si,knt to maintain ajob. Th~ Cent~r shall provid~ the following services in a drug ti'ee ~nvironment: . 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 resid~ncy). ADULT HOMELESS AND RESOURCE CENTER OPERATIONS The Center will consist of 16 total employees of whom six or s~ven will be case managers and/or administrative employees working the usual :V10nday - Frida} 8:00 am to 5:00 pm workday. The remaining nine employees will work three shins a day to support the 24-hour operation. SECl'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 ,vaiting. The dormitory areas will be constantly monitored. Exterior door alarms \\ ill be provided to prevent the entrance and exit of anyone. Technologically advanced security cameras shall monitor the entir~ exterior parameters: additional lighting will illuminate the exterior. I"TAKE, REGISTRATIO:\f A:\'D E\'ROLL\lE\T rh~ ilUlllhl...'r orr~sid~nts shall not ~.\ccL'd:,6 at ~n: (lIlt..' till1~ ~IJld ~tll J\.':.;id\.'nts \\il/ bl.: dr<lpped-off and picked-up by means of I-IPC' s transporution department. :\0 residents shall be permitted to arriw or depart \ ia their O\\n \ehicle. The Centcr shall perform a comprehensivc intake e\'aluation on all aspi,'ing residents. If a resident is not dcemed prepared tor intensi\'c academic cnrichment, the) shall discontinuc their partic:ipation. -.-...........-'O:',,____....,......L.....,u,' '.._'_ , . HPC .\l1al:~is orth~ Pmpll~~J AJulr H()!ll~I~ss & Rl..'SOllrCI...' Cl,;'IlI!..'f P~lgl...' .:: 6 j l) ':;U()S DOIUIITORY , Individuals per room Sq,Ft per I Room Size 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 TABLE I Dormiton Contiour'ttions Typical living quarters will provide adequate number of functional. clean, full sen'ice bathrooms such as: toilets/urinals (I: I 0); sinks (I: I 0) 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 KITCHEN/DINING A central kitchen and dinning facility will provide meals and snacks for residents, The dining room \vill be furnished vvith round tables intended to c'ncourage tiunily-style eating and interactions, Adopted: Rov.....er 2S, 2008 Effective: Rov~r 25, 2008 1 ORDINANCE NO. 1IC-1290 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 19.02.050, 19.08.020, TABLE 08.01, AND ADDING CHAPTER 19.1G-E, 4 EMERGENCY SHELTER OVERLAY DISTRICT,., ," AMENDING SECTION 19.06.020, TABLE 06.01, MODIFYING THE AREAS DESIGNATED WITHIN THE EMERGENCY 5 SHELTER OVERLAY DISTRICT, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY. 6 7 The Mayor and Common Council of the City of San Bernardino do ordain as foUows: B WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with 9 the power to make and enforce all laws and regulations with respect 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 of an 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 otherwise required prior to the adoption of a zoning ordinance, as an urgency measure, 17 an interim ordinance, by a fourth- fifths (4/5) vote of the legislative body, prohibiting any uses that 1 B may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the 19 legislative body, planning commission or the planning department is considering or studying or 20 intends to study within a reasonable time; and 21 WHEREAS, effective January I, 2008, Chapter 633, Statutes of 2007 ("Senate Bill 2") 22 amended California Government Code Section 65583 to require local governments to amend their 23 General Plan Housing Element to identify a land use zone wherein emergency homeless shelters arc 24 a permitted use without a conditional use permit or other discretionary permit; and, 25 WHEREAS, Senate Bill 2 amended Government Code Section 65589.5( d) to provide that 26 a local agency shall not disapprove a land use application for an emergency shelter within any zone, 27 or conditionally approve a land use application for an emergency shelter within any zone in such 28 manner as to render the project infeasible, unless it makes written findings, based upon substantial F;\BtPENOlOrdinllJ1cesIE.....-gcncy Shel... Ordinance 11-2S'()8.wpd MC-1290 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 onones wherein emergency shelters 11 are allowed as a permitted use without a conditional use permit 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 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 discretionary 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 28 existing emergency shelters which provide in excess of 300 beds for the homeless. In addition, the F:\EMPENO\Ordinanc~\Emergency Shelter Ordinance 11.2S.()8. wpd 1 1fC-1290 1 Salvation Anny's I 24-bed year round homeless shelter for men is currently under construction at 363 2 South Doolittle Road, and the application for another Salvation Anny ISO-bed homeless shelter for 3 families and children at 92S W. lOth 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 Proposals 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 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 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, 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 2 B commercial land use districts with the approval ofa Conditional Use Permit, and the adoption of this F:\EMPESO\Ordinances\Emergcnc;y SheltcrOrdinancc t 1-2S-oS.wpd J MC-1290 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. 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.ID-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 of3n! Street, East of Waterman Avenue and North 12 of Central Avenue, declaring the urgency thereof, and taking effect immediately." Ordinance 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 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 Mayor and Council need additional time to study and determine whether the 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 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 27 proposed Urgency Ordinance was published in The Sun newspaper on November 15,2008, as 28 required by Government Code Section 65858. F;\EMPENO\Ordinances\Emergency Shelter Ordinance 11.25~8.wpd 4 IIC-1290 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 65858: 4 I. The City of San Bernardino has sufficient emergency shelters, transitional and supportive 5 housing facilities in existence as "grandfathered" uses under prior versions ofthe Development Code. 6 It also has numerous low-income housing developments and government subsidized housing 7 facilities which lower the 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 communities 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, 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 of home less persons in the City of San Bernardino, including the mentally 20 ill and those suffering substance abuse, is detrimental to their rehabilitation in that they have 21 developed in some instances, and have become part of informal 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 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 F:\EMPENO\Ordinances\Emcrgenc:y Shelter Ordinance 11.25"()8.wpd l IIC-1290 1 NOW THEREFORE. mE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO DO ORDAIN AS FOLLOWS: 3 Section 1. The Mayor and Common Council find that the above-stated Recitals are true 4 and hereby adopt and incorporate them herein. 5 Section 2. Ordinance No. MC-1288 is hereby amended and extended as provided herein. 6 Section 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 follows: 8 19.02.050 DEFINITIONS 9 Emergency 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 emergency 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 lodging/housing 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 Section 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 2 0 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 lL,Industrial Light, Land Use Districts pursuant to Development 23 Code Chapter 19.1 O-E, see Exhibits A and B, attached hereto and incorporated herein. 24 Section 5. San Bernardino Municipal Code (Development Code) Chapter 19.10-E. 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 D are reference maps showing 27 the areas of the City designated within the Emergency Shelter Overlay District. 28 Section 6. Pursuant to the requirements of Senate Bill 2, the Mayor and Common F:\EMPENO\Ordinances\Emergcncy ShellcrOrdinance 11.2S~8.wpd 6 XC-IZ90 1 Council hereby direct the Development Services Department to implement a program to amend the 2 City's zoning ordinances to meet the requirements of Govemment 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 Section 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 II, Section 7 of the California 7 Constitution, and Sections 31, 40(z), and 121 of the Charter of the City of San Bernardino and 8 California Government Code Section 65858. 9 Section 8. Pursuantto 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 15 days from its date of adoption unless 12 extended by action of the Mayor and Common Council. 13 Section 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 15061(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 a project 17 as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, 18 Chapter 3, because it has no potential for resulting in physical change to the environment, directly 19 or indirectly. 20 Section 10. 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 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 have adopted each section irrespective of the fact that 25 anyone or more subsections, subdivisions. sentences, clauses, or phrases be declared 26 unconstitutional, invalid, or ineffective. 27 III 28 III F:\EMPENO\Ordinances\Emergency Shelter Ordinance 11-2S..Q8.wpd 7 1IC-1290 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, 19.08.020, TABLE 08.01, AND ADDING CHAPTER 19.10-E, 3 EMERGENCY SHELTER OVERLAY DISTRICT...," AMENDING SECTION 19.(l(i.020, TABLE (l(i.01, MODIFYING THE AREAS DESIGNATED WITHIN THE EMERGENCY 4 SHELTER OVERLAY DISTRICT, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY. 5 6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and ad10urned Council of the City of San Bernardino at a jolDt regular meeting thereof, held on the 25tb:lay 7 8 of November . 2008. by the following vote, to wit: 9 10 11 12 13 14 15 16 17 18 ~.~e e4h 19 ~ ~.h~ 1~~C1Cn ~~ 20 The foregoing Ordinance is hereby approved this ;}(.. ~ day of November . 2008. 21 22 23 24 25 26 "T.,.f.:. f:1. ~ - - Tobin Brinker, Mayor Pro Tem City of San Bernardino Approved as to form: JAMES F. PENMAN City Attorney t>', Ii t. v.;- i r 27 28 F:\EMPENO\Ordinances\ElTlc:l'lertcy Shelter Ordinance 11-25..08. wpd 8 rJl r;.l rJl ::l Q r;.l ~ .... ::E ~ r;.l ~ "" o ... rJl :3 rJl ... u Ii! ... <J) .... Q ..J <( o ~ r;.l ::E ::E o u ~ :> -.c :> r;.l ..J ~ ... !(c-1290 '" r;.l '" ::l Q ~ ~ .... ~ ~ ~ Q. ;-: - - .~ " Q. C " S c.. o OJ > " Cl '" ~ u " B ::l '" .-:.. Q. ~ :;: z: o 1= .... Q z: o U Q z: < Q ~ ... ... - .... ~ ~ ~ Q. ... z: ::: ~ .... o .", ~ .0;:: E " Q. " ~ '" ..c .S:! ..c: ~ '" - u '5 '" 'i3 Oll '" '" o N '" .~ " E S o u " ..s .5 '" " '" ::l [:> os E 'C c..;-:.. "u "'~ o -; .~ c " "Q. '" " " '" a;::) ~Ci - '" '" 0 :':'':;: Oll'- 0:"" ._ 0: ~8 = '" ~ a ,,~ ESe. ~ ;;.. "" Q Q "" ... ... - - r!::. ~ ;..; Q. :> 8 ..c :> ~ =: ' U"'I i '" luN! 0_ u z U CIl UN' U i !3 -, U : :x; u "'... U '" ' U-i , 00..'1 U~ ... 0", u ON U o i 0"" U~' -j I ON' U , o o o o of > .. ~'.; a .5 9J'=... - .~,.~ :: ~ ; 4J "s .5 0 8 ~"'a]c~ ~~~.@~ ot>oS_ li .i g ~.~ :t:.:::..= u .:;; I'l i!;, f! 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I:: 00 00" ~ I:!: -... 0= "'::E ~ ~... ~~"'d~~.~=u5c.511luu~._~ ~~~ 8,~.~~Ei~~~~i;]~~2~~~~1 -....~__ ~~_~0~...5~uu~ ~u~:Ou~~~~~~O~~~~~~~~~ ~~ ~~~oo~o -MM~~~~ ~ -_ _____N NNNNMNN N .. .. ::J i:' i ~ ".i o o o , o o o o U U -' .., ~ o t- o N o '" - " ,51 ~ '" il 'ii .. ~ ,~ ~ o u ,5 :i u 'E .. :;:; 00 " '2 o N u .s ... o 1:: S 'ii .. o [ .. .:; " :s ';< <E B .. '0 C '" ~ o II .. '" o .. .s 'i ~ . 0. '" ,5 ;>, "2 0:,,:: u u :;s 3 ~8 ..9 ;>, -.0 -<- -. ~ 1; g (:) ~ - U 8:1""lt: c.l)elC!l"""I .5 ~ 8 ~ -g.:J II = -~- u C".o U tll~~::E ::: :l :! v ~ ~ .. 1:l " ~ '" ~ ';;; j o IIC-1290 INDUSTRIAL DISTRICl'S - 19.08 EXHIBIT B CHAPfER 19.08 INDUSTRIAL DISTRICTS 19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND CONDffiONALL Y PERMITTED USES The following list represents those primary uses in the manufacturing/industrial zoning districts which are Pennitted (P), subject to a Development Pennit (D) or a Conditional Use Pennit (C): TABLE 08.01 INDUSTRIAL DISTRICTS LIST OF PERMITTED USES Me 888 12/6/93 LAND USE ACTIVITY cn OIP IL m IE I. Accessory sttucwresluses typically appurtenant to a D D D D D principally pennined land use activity: 2. AgriculWral Production-crops; D D 3. Agricultural Services; D D D 4. Assembling, cleaning, manufacwring, processing, D D' D D repairing or testing of products including automotive related (except dismantling) and welding and excluding explosives, conducted entirely within an enclosed SlrUCwre except for screened outdoor storage areas; 5. Assembling, cleaning, manufacturing, processing, repair 0 D of products, research, storage, testing or wholesale land uses (except explosives) with a portion of the operation (olher lhan storage) occurring outside of lhe enclosed sttucwre: A. Outside land uses in the CH and IH districts within C C 150 feet of a residential land use district; 6. Concrete hatch plants, processing of minerals and C C aggregate and other related land uses, not including exuaction activities; 7. Crematory; D D 0 8. Dwelling unit for a full-time security guard and family; D D D 9. Educational Service. including day care; D 0 D C 10. Emergency Shelters D' D' 11. Entertairunent/Recrealional Uses: 1IC-1290 INDUSTRIAL DISTRICfS - 19.08 LAND USE ACTIVITY CD OlP IL m IE A. Adult Entenainment C C B. Auditoriums. Convention HaIls and Theaters C C C. Miscellaneous Indoor; and 0 C 0 D D. Miscellaneous Outdoor C C C C 12. Financial; 0 0 13. Fuel Dealers; C C 0 14. Funeral Parlors/MortUaries; D D D 15. Gasoline Service Stltions; D 0 0 16. HeliportslHelipads; C C C C C 17. Impound Vehicle Storage Yards (with or without towing) C C 0 18. Membership organizations, including religious facilities, 0 0 D meeting halls. and fraternal lodges; 19. Mining/Extraction, including aggregate, coal, gas, me!al C and oil; 20. Mobile Home Dealers (sales and service); D D 0 21. Offices/Services (administrative and professional); D 0 D 22. Outdoor contractor's, lumber. and ren!al yards and D 0 0 D storage areas for building supplies; 23. Outdoor Horticulrural Nurseries; 0 D D 0 24. Parking Lots; D 0 D 0 D 25. Personal Services; D 0' 0' 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 0 D D 0 substations and communication equipment structures; 28. Publishing/Printing Plants; D D 0 D 29. Railroad Yards; D 30. Recycling Facilities; (In compliance with Section 19.06.030[2][P}) 31. Research and Development, including laboratories; D 0 D D 32. Retlil Commercial; 0 OJ D' 33. Salvage and Wrecking (dismantling) yards; C C 34. Salvage and Wrecking Facilities (completely within an C C C enclosed stnlCrure); 3'. Social Service Centers; C 1IC-1290 INDUSTRIAL DISTRICTS - 19.08 LAND USE ACTIVITY CH OIP IL IH IE 36. Swap Meets; C C C C 37. Towing Services; D D D 38. Transportation/Distribution; D D D 39. Truck Stops; C C 40. Veterinary Services! Animal Boarding; D D 41. Warehousing and Wholesaling, including self-service D 0 0 mini-storage; and 42. Other A. Antennas. Satellite and Vertical; 0 D D 0 0 B. Cleaning! Janitorial; D 0 D C. Copy Centers/Postal Service CentersIBlueprinting; D D D D. Equestrian Trails; P P P P P E. Fences/WalIs; 0 D D 0 0 F. PoIicelFire Protection; D D D D D G. Single-Family Residential P P P P P (Existing - MC 823 312m,); and H. Temporary Uses (Subject to [T] Temporary Use T T T T T Permit) I Except auto related. 'Permitted in the EmerRency Sheller Overlay District. pursuant to Chapter 19.10-E. 'lncidenra1 to a primary use, and contained within a primary structure (15% malt.). 'Commission recommends 10 Council for finaJ detennination. Other similar uses which the Director fInds 10 fIt within the purposelintent of the WileS, in compliance with Section 19.02.070(3). III III 1IC-1290 EMERGENCY SHELTER OVERLAY DISTRICT -l!l.lO-E EXHIBIT C CHAPTER 19.10-E EMERGENCY SHELTER OVERLAY DISTRICT 19.10-E.OI0 PURPOSE The purpose of this chapter is to provide for areas within the CH. Commercial Heavy and IL, Industrial Li2ht land use districts as referenced in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08. where emerjtency shelters. in accordance with Government Code Section 65583. are allowed without a conditional use permit or other discretionary permit. RecoJUli..;nR the need for available and affordable sites for establishment of emerjtellCY shelters outside the traditional locations in commercial districts. the EmeraeJlCY Shelter Overlay District provides several areas within the CH and lL districts for new emeraeDCY shelters to be inteJuated with commercial and liaht industrial uses and existiDa social services throu2hout the City. The purpose of the desillnated boundaries (area of applicability) is to maximize the DOteDlial for provision of emeraency shelter and sUPpOrt services throu2hout the City of San Bernardino. 19.10-E.020 APPLICABILITY The Emerjtency Shelter Overlay District shall apply to CH. Commercial Heavy and lL. Industrial . Li2ht land use districts as specified in reference maps adopted with the Emeraency Shelter Overlay District and available in the Development Services ])epartmeut. All land use rClllllations and development standards for commercial and industrial uses as specified in Chapters 19.06 and 19.08 shall remain in effect. The effect of the EmeraeDCY Shelter Overlay District shall be to define the area of applicability where emerjteJlCY shelters shall also be permitted with Director approval. and to add lleneral and specific development standards for emerjtencv shelters within the CH and lL land use districts. 19.10-E.030 GENERAL PROVISIONS I. EmerjtellCY shelters located within the Emerjtency Shelter Overlay District shall be developed and operated accordin2 to the land use re2Ulations. development standards and desi2U auidelines for the CM and lL Districts. as applicable. as well as Chapter 19.10-E. 2. Emerllency shelters shall be permitted with the approval of a Developmelll Pennit Type 1 within the Ernerllency Shelter Overlay District as specified in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08. MC-1290 EMERGENCY SHELTER OVERLAY DISTRICT -19.10-E 19.10-E.04O DEVELOPMENT STANDARDS 1. The foIlowinll: standards shall aDDly to develooment of emenlencv shelters within the Emelllencv Shelter Overlav District: A EMERGENCY SHELTERS Emcnzcncv shelters. orovidin2 temoorarv housiruz and sunoort services to homeless oersons. shall be oennittcd in the F.menrencv Shelter Overlav District of the Clf. Commercial Heavv and IL. Industtial Lillht land use rli..mds. subject to the standards in this Section. As social services with rmdential comnonents. ~ shelters arc also conditionallv oermittcd in several commercial land use districts and tbro11!!/lnnt the IL. Industrial Lillht Illnel use district. The foIlowinll: standards shall be reauin:d for develooment or establishment of .......~,~"V shelters in the Emenrencv Shelter Overlay District: (\) The maximum resirlP.nt C8DIlCitv shall be 35: (2) The maximum lClll!tb of slav shall be 6 months: (3) The site shall be located no more than ~ mil.. from a oublic tnon.n( line: (4) Any new or existiru! structure orooosed for use as an emenzencv shelter shall meet current California Buildin" Code reauirements. (5) Off-street oarkinll .hlIlI be oroyided at a ratio of one stl8CC ocr 1.000 souan: feet of llOOSS floor area.. or 01llC "P"".. for each emolovee on the lan!est .hilt phIS one ---- for each 8lZeIlCV vehicle obIS three visitor SDlICeS. whichever is Q,.,atg. (6) Fencinll and exterior li"htiD2 conformin" to the develooment standards of Ch/qlter 19.20 shall be reauired to ensure the secmitv of site residents: (7) A security and JIlllnll"""'eot olan shall be reauired to demonstrate adeomu.. ollln. and caoabilitv to ooerate the emetllencv shelter in a safe and effective mllnll6. incJndin" comDlete descrintions of the followi.wz: (a) Fencinl!. lil!htinl!. video cameras. and any other ohvsical imorovements intended to movide or enhance security for residents and staff: (b) StJoffin" ollln. inclndilUl the Qualifications and resoonsibilities of all staff members and the number and oositions of employees on each shift: (c) Procedures and oolicies for SCI'eCJ1in" of ootential residents to identify individuals who should be "'("I1..J to medical facilities. residential care facilities. other service agencies or law enforcement IIC-1290 EMERGENCY SHELTER OVERLAY DISTRICT -19.IO-E (d) Plans and policies for daily operations and supervision of residents; (e) Support services to be offered to residents, including life skills training, counseling, referral to other service agencies and iob p1acement assistance; (f) Plans to coordinate services of the facility with other homeless service providers in San Bernardino County, to improve the effectiveness of the network of agencies serving the homeless, countywide. HC-1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 1 Exhibit D-1 iJ NORTH ~ 0= 132ft MC-12!1O Exhibit 0-2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2a u NORTH .r'~ 'leI Cily of San Bernardino,. .. ...... ....11r . . 1IC-1290 exhibit D-2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2b u NORTH j 3 1 (C} City of San Bernardino.. ...-...... -4. ~ . W:I = 1IC-1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 3 ~ l> -1- m :;0 s: l> Z I LW1W..U-1 \ 1111 I J CAROLINE -ItVDUSTRr- ,ft C/) COMMERCIAl-~1 1'"", m III IC) City of San Bernardino , Exhibit D-3 1J NORTH ~ FARMI.:AND_ m- e::;- l>: z- 0=1 C/)- ... 1IC-1290 Exhibit D-4 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 4 m.!ma "L I I /V t._.. I! ~~ '- B~SELIN~iir )~~ T I / - < -(- I-'-l~ ~;~ ~~ I- f-- -- T - 0 \\= I-- :t> -o- r" " ,1t:- I I (c) Cily of San Bernardino ~- . - ~ a ~~ so I ./~ I .v- -;t" %=(ii -!- :I:- , al o Z ~- IL w r- 0_ (j)- :n m r. ~ 1J NORTH R rlL-L-JI~1 ~TH' , 'I tIlli0 /11 rp- I 1'tTfI ---. ~):> re- -0 r:.1 It:-:: ~< --1~ 13TH:;;~~ / m A ~~ I I I !/1 II R- II II:~ KII::~ /- g t::-~ ~=fl~ ~ B :t> j:;JBRUCE- ,~~ IlG ~~r-~~m~ IIC-1290 Exhibit D-5 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 5 1J NORTH -1'lTH H ~~ME -_ 7" ~'~ 0' s;, .- iT! ;u < 13TH 1113TH~ l> o- n o- J> ~ )>'_ () CIl :;0 ~ l>U om I to m :;0 ^ m r. m -< - (C} City of San Bernardino ~ A --.... - . I....~ L_ m I BASELINE-Sf 111111111 I.r 1111 II III Adopl:ed: Bovamer 25, 2008 EffeCl:ive: Bove.ber 25, 2008 1 ORDINANCE NO. KC-1290 2 AN URGENCY ORDINANCE AMENDING AND EXTENDING ORDINANCE NO. MC-1288, "AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO 3 AMENDING SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.02.050, 19.08.020, TABLE 08.01, AND ADDING CHAPTER 19.10-E, 4 EMERGENCY SHELTER OVERLAY DISTRICT... ," AMENDING SECTION 19.06.020, TABLE 06.01, MODIFYING THE AREAS DESIGNATED WITHIN THE EMERGENCY 5 SHELTER OVERLAY DISTRICT, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY. 6 7 The Mayor and Common Council of the City of SaD Bernardino do ordain as follows: 8 WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with 9 the power to make and enforce all laws and regulations with respect 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 ofthe City Charter provide for the adoption of an 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 otherwise required prior to the adoption of a zoning ordinance, as an urgency measure, 17 an interim ordinance, by a fourth-fifths (4/5) vote of the legislative body, prohibiting any uses that 18 may be in contlict with a contemplated general plan, specific plan, or zoning proposal that the 19 legislative body, planning commission or the planning department is considering or studying or 20 intends to study within a reasonable time; and 21 WHEREAS, effective January I, 2008, Chapter 633, Statutes of 2007 ("Senate Bill 2") 22 amended California Government Code Section 65583 to require local governments to amend their 23 General Plan Housing Element to identify a land use zone wherein emergency homeless shelters are 24 a permitted use without a conditional use permit or other discretionary permit; and, 25 WHEREAS, Senate Bill 2 amended Government Code Section 65589.5(d) to provide that 26 a local agency shall not disapprove a land use application for an emergency shelter within any zone, 27 or conditionally approve a land use application for an emergency shelter within any zone in such 28 manner as to render the project infeasible, unless it makes written fmdings, based upon substantial F:\EMPENO\Ordinances\Emcrgcnc,; Shelter Ordinance 11-25"'()8.Vr'pd MC-1290 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 B 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 discretionary 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)(O); and 17 WHEREAS, Senate Bill 2 recognizes that legislative bodies, prior to the adoption ofarevised 1 B 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 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 25 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 B existing emergency shelters which provide in excess of 300 beds for the homeless. In addition, the F:\EMPENO\Ordin.ances\E~ency Shelter Ordinance 11.2S.oS.wpd 2 1lC-1290 1 Salvation Army's 124-bed year round homeless shelter for men is currently under construction at 363 2 South Doolittle Road, and the application for another Salvation Army ISO-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 Proposals 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 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 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 Mayor and 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 F:\EMPENO\Ordinance5\Emergcncy Shelter Ordinance t 1.25~8.wpd ) 1IC-1290 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, 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.IO-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 of3'" Street, East of Waterman Avenue and North 12 of Central A venue, declaring the urgency thereof, and taking effect immediately." Ordinance 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 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 Mayor and Council need additional time to study and determine whether the 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 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 27 proposed Urgency Ordinance was published in The Sun newspaper on November 15,2008, as 28 required by Government Code Section 65858. F;IEMPENOlOrdinanccslEmcr8<ll<Y Sheller Qrdinane<: 11-2S-{)8.wpd 4 1IC-1290 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 65858: 4 I. 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 government subsidized housing 7 facilities which lower the 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 communities 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, 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 of homeless persons in the City of San Bernardino, including the mentally 20 ill and those suffering substance abuse, is detrimental to their rehabilitation in that they have 21 developed in some instances. and have become part of informal 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 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 F:\EMPENO\OrdinancC's\Emc:rgency ShcltcrOrdinancc 11-25-QS.wpd 5 KC-1290 1 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO DO ORDAIN AS FOLLOWS; 3 Section 1. The Mayor and Common Council find that the above-stated Recitals are true 4 and hereby adopt and incorporate them herein. 5 Section 2. Ordinance No. MC-1288 is hereby amended and extended as provided herein. 6 Section 3. 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: 8 19.02.050 DEFINITIONS 9 Emergency 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 emergency 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 Section 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 2 0 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 IL, Industrial Light, Land Use Districts pursuant to Development 23 Code Chapter 19.IO-E, see Exhibits A and B, attached hereto and incorporated herein. 24 Section S. San Bernardino Municipal Code (Development Code) Chapter 19.10-E. 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 ExhibitD are reference maps showing 27 the areas of the City designated within the Emergency Shelter Overlay District. 28 Section 6. Pursuant to the requirements of Senate Bill 2, the Mayor and Common F;\EMPESO\Ordinances\Emergcncy Sheller Ordinance 11.2S...oS.wpd 6 MC-1290 1 Council hereby direct the Development Services Department to implement a program to amend the 2 City's zoning 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 Section 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 II, Section 7 of the California 7 Constitution, and Sections 31, 40(z), and 121 of the Charter of the City of San Bernardino and 8 California Government Code Section 65858. 9 Section 8. Pursuantto 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 15 days from its date of adoption unless 12 extended by action of the Mayor and Common Council. 13 Section 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 15061(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 a project 17 as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, 18 Chapter 3, because it has no potential for resulting in physical change to the environment, directly 19 or indirectly. 20 Section 10. 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 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 have adopted each section irrespective of the fact that 25 anyone or more subsections, subdivisions, sentences, clauses, or phrases be declared 26 unconstitutional, invalid, or ineffective. 27 III 28 III f:\EMPENO\Ordinances\Emergency Shelter Ordinance 11-25-08. wpd 7 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1fC-1290 1 AN URGENCY ORDINANCE AMENDING AND EXTENDING ORDINANCE NO. MC-US&, "AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO 2 AMENDING SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.02.050, 19.08.020, TABLE 08.01, AND ADDING CHAPTER 19.10-E, 3 EMERGENCY SHELTER OVERLAY DISTRICT... ," AMENDING SECTION 19.06.020, TABLE 06.01, MODIFYING THE AREAS DESIGNATED WuHlN THE EMERGENCY 4 SHELTER OVERLAY DISTRICT, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY. 5 6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and adlourned Council of the City of San Bernardino at a jolRt regular meeting thereof, held on the 25tiday 7 8 of November . 2008, by the following vote, to wit: 9 10 11 12 13 6c7 ~~r}ri~~ The foregoing Ordinance is hereby approved this :If.- p, day of November , 2008. ---r~ f:1. /-.> - - Tobin Brinker, Mayor Pro Tem City of San Bernardino Approved as to form: JAMES F. 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'" ,: >, c 0;.; :E ~ ~ 0 ou :::::E -<- ~.. .,. ~ ~ <:1 - - u g;",t: CJDllII'c:::'!:M CUl\OY"'I :;;~o= ='":; u_ u C":z w ~~~=e ] '" - o U " .. o ~ ..c " :.2 :l ~ " ~ :s :a ~ ';; ..!! o = ~ = .! HC-1290 INDUSTRIAL DISTRIcrs - 19.08 EXlDBIT B CHAPTER 19.08 INDUSTRIAL DISTRICTS 19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND CONDmONALL Y PERMITTED USES The following list represents those primary uses in the manufacturing/industrial zoning districts which are Permitted (P), subject 10 a Developmenl Permil (D) or a Conditional Use Permit (C): TABLE 08.01 INDUSTRIAL DISTRIcrs LIST OF PERMITTED USES Me 888 12/6/93 LAND USE ACTIVITY CH OIP n. m IE 1. Accessory strucmresluses typically appul1eDantto a D D D D D principally pennitted land use activity: 2. Agriculrural Production-crops: D D 3. Agricultural Services: D 0 0 4. Assembling. cleaning, manufacturing, processing, 0 0' 0 0 repairing or resting of products including automotive related (except dismantling) and welding and excluding explosives, cooducted entirely within an enclosed structure except for screened outdoor storage areas; 5. Assembling, clesning, manufacturing, processing, repair D D of products, research, storage, testing or wholesale land uses (except explosives) with a portion of the operation (ocher than slorage) occurring outside of the enclosed strucrure: A. Outside land uses in the CM and IH districts within C C 150 feel of a residential land use district: 6. Concrete batch plants, processing of minerals and C C aggregale and other related land uses, not including extraction activities: 7. Crematory; D D 0 8. Dwelling unil for a full-lime security guard and family; 0 D D 9. Educational Service, including day care; 0 0 0 C 10. Emerl!:ency Shelters D' 0' II. EntertainmenllRecreationaJ Uses: !lC-1290 INDUSTRIAL DISTRICTS - 19.08 LAND USE ACTIVITY cn OIP IL IH IE A. Adult Entertainment C C B. Auditoriums, Convention Halls and Theall:rs C C C. Miscellaneous Indoor; and 0 C D 0 O. Miscellaneous Outdoor C C C C 12. Financial; 0 0 13. Fuel Dealers; C C 0 14. Funeral Parlors/Monuaries; 0 0 0 15. Gasoline Service Stations; 0 0 D 16. HeliportslHelipads; C C C C C 17. Impound Vehicle Storage Yards (with or without towing) C C 0 18. Membership organizations, including religioos facilities, 0 0 0 meeting halls, and fratemallodges; 19. MininglExtraction, including aggregate, coal, gas, metal C and oil; 20. Mobile Home Dealers (sales and service); 0 0 0 21. Offices/Services (administrative and professional); 0 0 0 22. Outdoor contractor's, lumber, and rental yards and 0 D 0 0 storage areas for building supplies; 23. Outdoor Horticulrural Nurseries; 0 0 0 0 24. Parking Lots; 0 0 D 0 0 25. Personal Services; D D' OJ 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 0 0 0 0 0 substations and conununication equipment StruclUreS; 28. PublishingIPrinting Plants; 0 D D 0 29. Railroad Yards; 0 30. Recycling Facilities; (In compliance with Section 19.06.030[2][PJ) 31. Research and Development. including laboratories; D 0 0 0 32. Re!ltiJ Commercial; D OJ OJ 33. Salvage and Wrecking (dismantling) yards; C C 34. Salvage and Wrecking Facilities (completely within an C C C enclosed strucrure); 35. Social Service Centers; c< HC-1290 INDUSTRIAL DISI'RICTS - 19.08 LAND USE ACTMTY CH OIP IL m IE 36. Swap Meets; C C C C 37. Towing Services: D D D 38. Transportation/Distribution; D D D 39. Truck SlOpS; C C 40. Veterinary Services! Animal Boarding; D D 41. Warehousing and Wholesaling. including self-service D D D mini-storage; and 42. Other A. Antennas, Satellite and Vertical; D D D D D B. Cleaning/Janitorial; D D D C. Copy Centers/Postal Service CentersIBlueprinting; D D D D. Equestrian Trails; P P P P P E. FenceslW ails; D D D D D F. Police/Fire Protection; D D D D D G. Single-Family Residential p p p P P (Existing - MC 823 3/2192); and H. Temporary Uses (Subject to [T) Temporary Use T T T T T Permit) 'Except auto related. 'Permitted in the EmeTltency Shelter Overlay District. pursuant to Chapter 19.10-E. J Incidental to a primaIy use, and contained within a primary structure (15% max.). 'Commission recommends to Council for final determination. Other similar uses which the Director fmds to fit within the purpose/intent of the zones, in compliance with Section 19.02.070(3). III //I HC-1290 EMERGENCY SHELTER OVERLAY DISTRICT -19.10-E EXlDBIT C CHAPTER 19.10-E EMERGENCY SHELTER OVERLAY DISTRICT 19.10-E.OI0 PURPOSE The purpose of this chapter is to provide for areas within the CH. Commercial Heavv and fL. Industrial Light land use districts as referenced in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08. where emergency shelters. in accordance with Govermneot Code Section 65583. are allowed without a conditional use permit or other discretionary permit. Reco""i7:;I1K the need for available and affordable sites for establisbment of emeraency shelters outside the traditional locations in commercial districts. the Emeraency Shelter Overlay District provides several areas within the CH and lL districts for new emeraency shelters to be inteRrated with commercial and Haht industrial uses and exislinll social services throuid1out the City. The purpose of the desiJmated boundaries (area of applicability) is to maximize the ootentia1 for provision of emeraencv shelter and support services throughout the City of San Bernardino. 19.10-E.02O APPLICABILITY The Emeraency Shelter Overlay District shall apply to CH. Commercial Heavv and lL. Industrial Lillht land use districts as stlCCified in reference maps adopted with the Emera~ Shelter Overlay District and available in the Development Services l)epartment. All land use rCllUlations and development standards for commercial and industrial uses as specified in Chapters 19.06 and 19.08 shall remain in effect. The effect of the Emerllency Shelter Overlay District shall be to define the area of applicability where emeraency shelters shall also be permitted with Director approval. and to add lleneral and specific development standards for emeraencv shelters within the CH and lL land use districts. 19.10-E.03O GENERAL PROVISIONS 1. Emeraencv shelters located within the Emeraencv Shelter Overlay District shall be developed and operated accol'llin2 to the land use rellUlations. develoPment standards and desipauidelines for the CH and IL Districts. as applicable. as well as Chapter 19.IO-E. 2. Emer2encv shelters shall be permitted with the approval of a Development Permit Type 1 within the Emeraency Shelter Overlay District as specified in Table 06.01 of Chapter 19.06 and Table 08.01 of ChaPter 19.08. tIC-1290 EMERGENCY SHELTER OVERLAY DISTRICT - 19.10-E 19.10-E.04O DEVEWPMENT STANDARDS I. The followi!llz standards shall lIDplv to develooment of ememencv shelters within the Emenzencv Sheltel' Overlay Dislrict: A EMERGENCY SHELTERS Fm"""encv shelters. orovidina temoorarv housirul and SUDDOrt services to homeless oersons. shall be oennitkd in the Emenrencv Shelter Overlay District of the CH. Commercial Heavv and IL. Industtial Light land UlIC diotrict.. subject to the standards in this Section. As social services with residential rnmnnnents. ....-vencv shelters an: also conditionallv oermitkd in several commercial land use districts and tbrol1"hnllt the IL. IndusIriaI Li2bt land UlIC district. The followi!llz !dlIntfarrl" shall be reouired for develooment or establishment of emervencv shelters in the Emenrencv Shelter Overlay District: (J) The maximwn resident canadty shall be 35: (2) The maximwn Jenoih of stav ..hall be 6 months: (3) The site shall be Il"'ot...! no more than Yo mile from 8 oublic transit line: (4) Anv new or existiruz structure DroDOSed for use as an emel'llencv shelter shall meet current California Buildin" Code reauirements. (5) Off-street narkin" shall be Drovided at 8 ratio of one soace ocr 1.000 :KIUIIle feet of lIlOSS floor area. or one ........ for each employee on the lamest ".,ift plus one --e for each lIlZeIlCV vehicle Dlus three visitor SD8CeS. whichever is l!rCate.; (6) Fencin2 and exterior Iil!htiruz confonnin" to the develooment standards of Chapter 19.20 shall be reauired to ensure the security of site l'e!Iidents: ('7) A security and mana......""" DIan shall be reauired to demonstrate adea...... plans and NmAhiIity to ooerate the emenzencv shelter in 8 safe and effective manner. includin" complete descriDlions of the followi!llz: (8) Fencinl!.lil!htinl!. video cameras. and any other Phvsical imJllOvements intended to JllOvide or enhance security fur residents and staff: (b) Staffin" Dlan.. includiruz the Qualifications and resoonsibilities of all staff members and the nwnber and POsitions of emDloyees on each shift: (c) Procedures and policies for screenin" of POtential residents to identify individuals who should be referred to medical facilities. residential can: facilities. other service lIl!encies or law enforcement !IC-1290 EMERGENCY SHELTER OVERLAY DISTRICT - 19.1o..E (d) Plans and policies for daily operations and supervision of residents; (e) Support services to be offered to residents. includin2 life skills training, counselin2. referral to other service lIIlencies and iob pIacement assistance; (t) Plans to coordinate services of the facility with other homeless service providers in San Bernardino County, to improve the effectiveness of the network of lIIlencies servin2 the homeless, countywide. 1IC-1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 1 Exhibit 0.1 1J NORTH '\ 0= 132ft MC-1290 Exhibit D-2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2a LJ NORTH L .r'~ / (C} Cily of San Bemardino~ ....A.... ....... 1 1 HC-1290 Exhibit D.2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2b TiC} City of San Bemardino,. ...-....... ..... - ..... r , u NORTH C) :P. ;;U 6TH - C; '... = 1IC-1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION. Area 3 WlLWIU \ 1111 I J CAROLINE ~ )> -1- m ;0 ~ )> z I -IfVDUST~r- 1ft C/) COMMERCIAL-~, r-, m III (C) City of San Bernardino , Exhibit 0-3 1J NORTH ~ FA~Ml.:AND_ m- e:::- )>: z- 0=1 C/)- I- ltC-IUD Exhibit D-4 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 4 1J NORTH Rm~ tU1l"~"'?J1't., ' . I -- nU L I I I I m= :-14TtI ,. ~ -J:> r:- V ~ d f--O :Q r;:.' E ~- 'I - --< -, ,):0 I....-..ji 13TH~: I --.. ~=~ Z I A m -!- ~Il :I:- ~l . a:l /, 0 I I II I=r II ~- -., B.<ISELIN~ii1' x: ~ ~ JW IL II:~ 1,' , h- ~ -" 5:- -' I '-I- t--< ,- I 1/ ~ -< --'1 ~J "-,1 I ~. I--z- -)J I!~ ~~ /-:;: r- :t> _~~BRUC'li 0 0_ ,7 ~ 0--- -(f)- n 1---- -:_~ 0- :""":T1 ~r r" ; l~t- I , m () r. 0 [C J City of San Bernardino - 1'1 ~- ' '., 1IC-1290 Exhibit 0-5 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 5 1J NORTH H ~~ME ~--,~ 0' ~. .- rn ;0 ,( .~ ,,( ,~ 15TH ~MAGI~~~~ DIIIDI C/l G>mtQ4~ UIIDIIII () m z -:-i to m ;0 ^ m r; m ,-< './) :t>1113THg- (') 0 :t> ";' :t><- () CIl ;0 J>U"1 Om I -(~)..c~Iy...of~a~~~a~inor m I I 11~~~~~/N~(sr I I II II r I I II City of San Bernardino San Bernardino Police Department Interoffice Memorandum Subject: Mayor and City Council Lieutenant Ronald Maass, NW District Co~ Into Rec. at MCC/CDC Mfg: 4J.. /07 840 N. Sierra Way by: !?i'-{,L"-~ ~ Agenda ne~o: J t..o April 2, 2009 by: li"-~ C-L~~ City Clerk/CDC Secretary City of San Bernardino To: From: Date: Copies: 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 emergency 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, Lorna 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 Commission 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 ofthis 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. 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 THE SBPD IS COMMITTED TO PROVIDING: PROGRESSlVE QUALITY POLICE SERVICE; A SArE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE; A REDUCTION IN CIUME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING /Ir;~r-h#l ::P :!:Jt, Lf/6/0'( Page 2 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, 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, possibly 100%. The applicants are proposing a 56 bed facility (48 males 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 from entities that would pay for the services provided. HPC would not accept walk-in or law enforcement drop-offs for clients. 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. 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 Page 3 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. Vernon Ave in Los Angeles, we were advised of26 calls for service since January I, 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 II, 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. Received: 911 Incident Query System CALLS FOR SERVICE - INQUIRY RESULTS Trace; Created By Created On Requested By N2235 03/31/2009@OB.l1.5B DET PASSO-SBPD Parameters: Mar 31 2009 11010a. Mar 31 2009 11 :15 Date Range Location 2007-03-31@00.00.00 thru 2009-03-29@OS.30.00 IS11 GRAMERCY Results; NUMBER. DATE TIME TYPE DESCRIPTION 7138006221 OS/IB/2007 23:43 5200 DISPUTE DOM VIOL *Number of records= 1 (Output this list to a spreadsheet] LOCATION 1S11 S GRAMERCY PL, 3 http:// ecccs.lapd.lacity .orgl cfmx71 ecccsl displayHits. cfm ?requesttimeout=300 P. 02 Page 1 of 1 [support) [lOg out) RD REPORTER 757 SHERYL 3/31/2009 Received: LOS ANGELES POLICE DEPll.A'l'tmiNT Dat.e: 03/3:1./09 Time, ol!l;:n Incident. N'Umber 'l'iltlc 'YP' __""""........0::======= 090115001192 08:4.8 006 080113004250 20:18 006 D1spo ace OCCSN INCIDENT RECALL .A.ddrC.8B M.r 31 2009 11010.. Mar 31 2009 11 :15 P.03 PAGE: 000001 Reque9te~ By, ULLOA, M-~36 ~mw_________..~=========~m~______..~o::=====~=c~ 1511 GRAMERCY ~2 1511 GIU\MERCY PL P-un1t Hillel 7X12 :Report. NUIl\b-e:x ::1...______..-.:==== ., .7 MAR-29-2008 12:30 From: D .-. ,.-----"'.,.-----. To: 919093845739 P.1/1 CCAO: TOTl\L OF ).6 HITS. ),6 OISPr..AYED. DR/llKG NBR RD ST NBR OIR STREET NAME T'll1 AlCC DATE OV ocCURENCE ..-_.....-_......- -------------------- ....-----.---.--------. 00072).167 0767 :1.5:1.1_ S GRAMERC'l l?L 4400 06/15/2000 06/15/2000 0:1.07016), 7 0767 15).:1. - S GRAMERCY l?L 4U8 0~/30/2001 0~/30/200)' 030716483 0767 15ll - S GRAMERCY l?L O~OO OS/2:1./2003 OS/2:1./2003 050708703 0767 1511 - S GRAMERCY l?L 4000 02/19/2005 02/1~/2005 060736690 0767 1511 - S GRAMERCY l?L HOO ).2/28/2006 :1.2/28/2006 080705679 0767 15ll S GRAMERCY l?L HOO 0)./24/2006 01/24/2008 -Z LIL - 060707939 0767 ).511 S GRAMERCY l1L HOO 02/:1.7/2008 02/:1.7/2008 -Z I..f 2... - 080722265 0767 1511 S GRAMERCY l?L 4900 08/01/2008 08/01/2008 ~) ",171 - ,oJ"; 060727265 0767 15).1 - S GRAMERC'l PL 3200 06/25/2008 08/25/2008 (1'(;),.) 0~2005415 20n 1511 S GRAMERCY l?L 3200 01/28/2009 01/28/2009 (; ~ 2 \ - J 0~2005416 20n 1511 S GRAMERCY PL 0500 01/28/2009 0:1./28/2009 ( 1f:7) - 1716643 0767 1511 S GRAMERCY 1?L 12/02/2006 12/02/2008 ;7 <'(-S.J - - 6497734 - 0767 1511_ S GRAMERCY 06/15/2000 06/15/2000 7032822 - 0767 1511_ S GRAMERC'l l?L 09/30/2001 0~/30/2001 62:1.6712 - 0767 15U - S GRAMERCY 07/28/2004 07/28/2004 970734079 0767 15n_ S GRAMERCY PL 1400 09/14/19 87 09/14/1997 ....*'****.. END OF RE1?ORT *...",."..- OUTPUT MSG 001, FROM INO# OL3PY'{YY03/30/2009 13.29 Received: 911 Incident Query System Mar 31 2008 11010am Mar 31 2009 11 :15 Trace: CALLS FOR SERVICE ~ INQUIRY RESUL'fS Created By Created On Requested 8y N2236 03/31/2009@08,17.44 DET PASSO-5BPD Parameters: Date Range Location 2007-03-31@00,00.OO thru 2009-03-29@05.30.00 1718 VERNON Results: NUMBER 7142000583 DATE TIME 05/22/2007 05:04 TYPE 006 "'Number of records= 1 [Output thIs lIst to a spreadsheet] DESCRiPTION CODE 6 LOCATION 1718 VERNON http:// ecccs.lapd.lacity .org} cfr:n:x7 / ecccsl displavHits.cfm ?reauesttimeout= 300 P.04 Page 1 of 1 [support] [log out] RD REPORTER 3 3A63W3" 3/31/2009 Received: 911 Incident Query System CAllS FOR SERVICE - INQUIRY RESULTS Tface~ Created By Created On Requested By N2236 03/31/2009@OB.1B.37 DET PASSO-SBPD Parameters: Date Range Location 2007-03-3l@00.00.00 thru 2009-03-29@OS.30.00 1718-1730 VERNON Results: NUMBER DATE TIME TYPE DESCRIPTION 7142000583 OS/2212007 05: 04 006 CODE 6 7098003612 04/08/2007 17:59 242A BATTERY AMB EIR 7100005646 04110/2007 23: 13 21lTl ROBBERY ATTEMPT lID 7095002745 04/0512007 14:03 906B1F ALARM BURG RINGER FALSE *Number of records= 4 [Output ttlis list to i:l spreadsheet] Mar 31 2009 11:10a. Mar 31 2009 ":15 LOCATION 1718 VERNON 1719 W VERNON AV 1721 W VERNON AV P.05 Page 1 of1 [support] [log out] RD I\J:PORTER 3 3A63W3' 395 ROBERT 1203 ALFONSO REYES 1730 W VERNON AV 1203 IASG/176 '-_.11____" 'o_A lar;"', r.r"/~fmy7/,,c.c.c<l(li<nlavHit~.cfm?reQuestfuneout=300 313112009 Received: Mar 31 2009 11:10a. Mar 312009 11:15 p, 06 INCIDENT RECALL LOS Mll'OELES POLICE OEPAR.TMENT PAGE, 000001 Date: 03131/09 Til'lo: 08:;;:" Request.ed By: IJLU)~, M-236 II"1<=:id~t. Numb.r 'l'i,me: Type t:li.:spo AddreBs p-unit Report. Nur\lbe:r; --------------- c~c___~_____________________~~.~============ __~...e:=======::>.. --------------- 081227000728 04.:21 S94SN RPTGN 1712 " """"00 1.2~"3 ., 09.1,008Q04,;1.97 18~4.l 00< CHI> 1711:1 W VERNON 12X56 o. O&H18C03e'4 17:34 006 oee 1'718 w Vl'llNON 12A49 lG 0;0212004177 17:34 HSM OCCSN 17lf! . VERNON AV 12X56 .. 0712Q100Hi54, l.1:09 91BM Alll18N 1718 . VERNON AV 12A45 ., 09010S001!l73 12 :5S "'15M CLO 1718 . VERNON AV ~) Received: LOS AN~ELE5 POLICE DEPAR'!MENT Dat.e: 03/31/09 TiTTle ~ o 8 ~:2 '7 :Im::i,d,t;:nt l'lU.Mocr Time Type Dlspo --------------- c:==..= --------------- 08011.7003928 17:5' 919M NM! 080201001091 08: 07" 91911'l ARM8N 011020900\\079 1~:2.3 245PS RPTSN 08020900.396 20 ~ 1 '7 100 RPT 0902160002~' 01:2e >42A OCCSN 0110316002963 16":32 U5N CPR INCIDENT RECALL Ad,drC:J:j; M.r 31 2009 11010.. Mar 31 2009 11 :15 .~~"=============D"_~W__________~..========== 171e W VERNON A.V 1716 " VElWON AV 171& W VERNON AV 1718 \II VEIlNON AV 1718 W VERNON AV 1711:1 W VERNON AV PA.GEl Req\l.e&ted By: P-unlt l2AJ UlCH nA1S P.07 000001 'U!.LOA, M~236 Roport NUrrber .2 W, w, Received: LOS ~S POLICE DEPAR"!MEN'I' Da.tl!: 03/31/09 Time: 08 :27 XIOoc:.i~t NUlnber ':'ime Type ======--===.::0 0804.280049'1.-' 22:47 U5M 080501002635 13:0S 100 OeOS310036U :'5:52 USK 080927000055 00:09 2..2AS 0909]0001250 0.51:18 41SM cB1OOaOC2439 13:02 '04A Di&1(O I N C ! DEN T R. E C A. L 1.. AddTe55 M.r 31 2009 11:10.. Mar 31 2009 11 :15 P.08 PA-G!:; 000001 Reque8te~ By: L~A. M-23' ~==~==c==~~~===~~~======c====c=~===~=c~=c~c~ CPR 1718 " VERNON AV R.P'I' Inll IA' VERNON AV CPR 17111 .. VERNON A'l1 OCCG'N OCCBl'J RPT8N 17111 W VERNON AV 1i18 W VE~N ~V 1118 W VERNON AV P-\mit; 12A51 12A.,"' ST21 Report NUJrher ., W, W, Received: LOS >>lGEI..i.S POLICE DEPAR'l'f1$NT InI.te, o3/n/09 Time: 06.27 lncid.ent NUIllber T1me: Typo ==========c:c:="'''' 091024000849 o. :43 100 OIlI123001771 0> :59 4.lSM OBl.l1900S446 " ,44 415M3 OBl2UOOS065 21:49 U5M OH22300d9'J 22=18 330M 090102000994- 09:33 -4l5M Mar 31 2009 11010am Mar31200911:15 P.09 1 1'f C I D :s N T RheA!.!. PAGE: 000001, Requested By, ULLoA, M-~)6 Dispo Addreae Jl'-unit Report. N1DfI1:Ier =======.M~___________.~===========~_______~.... ------ ____...._......=====c: RPT 171il " "">NON .. GOA6N l71e " VEl<NON AV 12:\66 "" lllS " VERNON AV 3A63 ", erR 171" W VERNON AV In9 . Vli:RNON' AV HAtS ", GOASN l71B . VERNON AV 12>.3 ", Received: LOS Jl.NGSISS POLICE D:ePARTMEN'T Date~ 03/31/09 Time: 08,27 Inci4enc NUmber Time. Typ. Ih5Po ===....____C>===== --..== 090206003180 16,55 U5M GQASN 0'0307004488 19:16 feU RPT OB020!lOO31560 17;10 100 RPT INCIDENT R Ii: CEI.:L L Addrn8 M,r 31 2009 11'10,. Mar 31 2009 11 :15 P. 10 PAGE. 000001 Requestsd By: ULWOA, M-236 p-unit. R8PO:Z:t. Numbu ..=======._______E===E==3~...._______~======== ""' 1719 W VERNON AV 1716 lII: VERNON It.,V 1718 W VERNON AVE 12M Received: LOS ANQELS3 POLICE DEPM.TMEFr Dal:e: 03/31/09 Time: 08;413 Ic.cJ.Qe.nt. NUmber Time. Type Diapo ------------- --------------- oaOil 700:2737 14:51 72Cl2 OCCSN o809ZEiOO20S3 11:30 92. R~T 081203001157 08:52 '073 GOASN I N C I .0 ~ N '1' R:& CAt. L AI1Or'eaa 1730 W VERNON AV 1730 ~ VERNON AV 1730 " VERNON AV G M,r 31 2009 11'10,. Mar 312009 11:16 R.o:::q:u.c5t.cd By: p-unit. l:a.49 12A53 P. 11 PAGE: 000001 ULLOA, M-:i/,) 6 Report. Nunlbcr W2 1<2 Received: Mar 31 2009 11010a. Mar 31 2009 11 :16 P. 12 LOS ANGELES POLICE DEPARTMENT WILliAM J. BRATTON Oller of Police P. Q. Sax 30156 lDs Angeles, CA 90030 T<reph~ (213)97&6565 lllD: (677) DHZ73 Ref #: 9.Z ANTONIO R. II1LlARJUGOSA Mayor AFFIDAVIT I state that L Martha Ulloa . Serial No. N2236 . am a duly authorized Custodian of Taped Records of Communications Division and have authority to certify the attached records. The accompanying attachments are true copies of all records described in your request. The records were prepared by personnel of the City of Los Angeles in the ordinary scope and course of business at or near the time of the acts or events. I attest the above to be true under penalty of pexjury. :jJ;(%t/tJ~ Signature Date: WOl I WILLIAM J. BRA TION Chief of Police 1\. TI, Captain C anding Officer Communications Division Attachments ~ EQUAL EMPlOYMENT oPPORlU1f1lY - AFFIR....1lVE ACTION e<PlDYE1l www.lAPDOntJne.org _JohrLAf'{}.""", ~n:ered Into Rec. at MCC/CDC Mt9:4/(P lor 2008~q No: ... ~ .. ,- ,-. y. L1on",oe.tte VIOlonce Lounts citY CI' +..... '.- The !\i;JtioIB. Census elf come.stic Violence SelWSfson Ber,::ary California Summar ~ ~';mm, On September 17, 2008, 70 out of 113, or 62%, of identified domestic violence programs in California participated in the 2008 National Census of Domestic Violence Services_ The following figures represent the information provided by 70 participating programs about services provided during the 24-hour survey period. 3,872 Victims Served In One Day 2,D12 domestic violence victims found refuge in emergency shelters or transitional housing provided by local domestic viotence programs. 1,860 adults and children received non-residential assistance and services, including individual counseling, legal advocacy, and children's support groups. Percentage of Participating Programs Providing These Services On the Census Day 94% Individual Support or Advocacy .. Emergency Shelter lH1li.lIdln~ llotr+" Of :-.,afe house::,] 43% Advocacy Related to Housing Office/Landlord .. Advocacy Reldted ~0 MentA I Ie'"ll" 37% Advocacy Related to Immigration .. Job Tralnlng/Emplo}'!llent ASSistance 13% Rural Outreach .. AavQcacy Related to Te(hnOlO~n USE' 1,081 Hotline Calls Answered Domestic violence hotlines are a lifeline for victims in danger, providing support, information, safety planning, and resources, In the 24-hour survey period, domestic violence programs answered more than 45 hottine calls every hour. 1,875 Educated in Prevention and Education Trainings On the survey day, 1,875 individuals in communities across California attended 92 training sessions provided by Local domestic violence programs, gaining much needed information on domestic violence prevention and early intervention. 686 Unmet Requests for Services In One Day Many programs reported a critical shortage of funds and staff to assist victims in need of services such as transportation, child care, language translation, mental health and substance abuse counseling, and legal representation. Of these unmet requests, 310 were from victims seeking emergency shelter or transitional housing. Programs reported that lack of staffing was a reason that they could not meet domestic violence victims' request for services. 49% of programs have less than 20 paid staff, including 16% of programs that have less than 10 paid staff. The average starting salary of a full-time, salaried front-line advocate is $27,793. Attorneys Victims of domestic violence often need legal assistance with restraining orders and civil and family court matters. Of programs that participated in the Census, only 15% of programs reported being able to regularly connect a victim requesting legal assistance with an attorney. "I(Jdav our stAff' Attended the tuneraE of a V.,IOmcin v-.;ho had been kiUed fly her husband," '4 c!omestic violence- and sexual assault lileli/Ii was In the hospital h.,;r' a sexual assault exarn. Sfn.' had no 1f'/hfc're to go despite having caUed eve-ry shelter in the county 2nd finaUy had to travel i5 minutes In get to a hotel. . . . .. :1lIi,aoltm..&.*1lt C.c,1Il ""<i' l!, ;; 'it . . . I'. ........... c,;" ~ r., ~: :, . Domestic Violence Counts: A 24-Hour Census of Domestic Services 1': c., -:#.3 f, Lf/6/otf Fal1iily Violence Prevention Fund: News: New Studies: Shelters Highly Effective, But Can't Help All W... Page I of2 Home> News> NEWS New Studies: Shelters Highly Effective, But Can't Help All Who Seek Aid Feb 27.2009 Three-quarters of domestic violence victims rate the assistance they received at a shelter as "very helpful" and another 18 percent say it \\'as "helpful." If the shelter did not exist, most victims say they would have become homeless, lost everything, done something desperate, or faced continued, life-threatening abuse. Those are among the results of Meeting Survivors' Needs: A Multi-State Study of Domestic Violence Shelter Experiences, a comprehensive federally-funded study based on a survey of 3,410 people served by domestic violence shelters in eight states during a six-month period in 2007 and 2008. "The National Institute of Justice (NIJ) is proud to have administered this study, which will help us better understand the challenges facing domestic violence survivors," said NIl Acting Director Kristina Rose. "Domestic violence shelters are a critical resource for keeping victims and their children safe. The data from this study will be instrumental in enhancing the coordinated community response to violence against women." Meeting Survivors' Needs finds that the most victims staying at domestic violence shelters are 18 to 34, and have children under age 18. One in four (24 percent) had stayed at a shelter before the visit during which they took this survey. Ninety-two percent say they "know more ways to plan for my safety" because of the shelter, 85 percent know more about community resources, and 84 percent of those who are mothers say "my children feel more supported" as a result of their shelter stay. "This study shows conclusively that the nation's domestic violence shelters are meeting both the urgent and longer-term needs of victims of violence, and helping them protect themselves and their children," said Dr. Eleanor Lyon of the University of Connecticut, Institute for Violence Prevention and Reduction at the School of Social Work, who was the study's primary researcher. "Victims attribute meaningful change to the help they received at the shelter, but they also see areas where there is room for improvement." Further Support Needed One-quarter of shelter residents (24 percent) faced transportation challenges, and 54 of those challenges were resolved. One-third (32 percent) say they had conflicts with other residents, and 73 percent of those conflicts were resolved, Meeting Survivors' Needs finds. Among its other findings: 68 percent of survivors had minor children with them at the shelter. Nearly all (99 percent) reported they got the help they wanted with their own safety and safety planning (95 percent). Four in five of those who needed it (81 percent) got help finding affordable housing, and three in four got help with ajob or job training. Nearly all mothers who needed it got help with their children's safety (98 percent) and schooling (92 percent). Nine in ten survivors (91 percent) who needed it got help with a protective or restraining order, more than four in five with divorce issues (82 percent), immigration issues (84 percent), and custody/visitation issues (83 percent). Nearly all shelters in the study (98 percent) have the capacity to accommodate residents with disabilities. 82 percent have staff who speak at least one language other than English. The most common types of advocacy offered by shelters are: housing (offered by 95 percent of shelters in the survey), civil court (82 percent), criminal court (81 percent), health (81 percent), TANF/welfare (80 percent), child protection (79 percent), job training (78 percent), immigration issues (76 percent) and divorce/custody/visitation issues (73 percent). http://endabuse.org/content/news/detail/1189/ 4/6/2009 Family Violence Prevention Fund: News: New Studies: Shelters Highly Effective, But Can't Help All W... Page 2 of2 The study also found that some victims say the shelter was unable to fully meet their needs related to housing, education and finance, as well as their emotional, mental health and physical health needs. Meeting Survivors' Needs is based on surveys of residents of215 domestic violence shelters in Connecticut, Florida, Illinois, Michigan, New Mexico, Oklahoma, Tennessee and Washington. Shelter residents were asked to complete a written survey at or near entrance, and again at or near exit. It was conducted by the University of Connecticut's Institute for Violence Prevention and Reduction at the School of Social Work in collaboration with the National Resource Center on Domestic Violence, a project of the Pennsylvania Coalition Against Domestic Violence. It was funded by the U.S. Department of Health & Human Services, and administered by the National Institute of Justice. Second Annual Census A second study, released by the National Network to End Domestic Violence (NNEDV) one week earlier, found that on one day in America more than 20,000 victims of domestic violence and their children fled their homes because they feared for their lives. The National Census of Domestic Violence Services finds that, on September 17, 2008, despite difficulty in raising funds for core services, domestic violence programs nationwide provided services to 60,799 adults and children in just that one day. In addition: More than 20,300 adults and children sought refuge in emergency shelter. More than 10,000 adults and children were living in transitional housing. More than 30,300 adults and children received non-residential services, such as counseling, legal advocacy, and children support groups. More than 21,500 domestic violence hotline calls were answered. Despite the many victims who received services, an additional 8,927 requests for assistance were unmet because oflimited funding. Every year NNEDV conducts a 24-hour survey of domestic violence programs across the country to capture a snapshot of domestic violence and service providers in the United States. The National Census of Domestic Violence Services is available online at WW)1'. nnesiv. orf!lce[lsus. Meeting Survivors' Needs is available at !})1'W. vawnet. org. AtlQllLU.i2 I Credits 1 Donate i LeGal I Pl.e.s~ RO(lJll I Site M~p I Contact FVPE I Job:v.:Jnternshllls Links Copyright ~ 2009 Family Violence Prevention Fund, All rights reserved. http://endabuse.org/content/news/detaiIl1189/ 4/6/2009