HomeMy WebLinkAbout20- Development Services ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: An Urgency Ordinance amending and
extending Ordinance No. MC-1290, an urgency
Dept: Development Services ordinance of the City of San Bernardino amending San
Bernardino Municipal Code (Development Code)
Date: September 29, 2009 Section 19.02.050, 19.08.020, Table 08.01, adding
Chapter 19.10-E, and amending Section 19.06.020, Table
File: 06.01, designating the areas within the Emergency
Shelter Overlay District, declaring the urgency thereof,
and taking effect immediately.
MCC Date: October 5, 2009
Synopsis of Previous Council Action:
10-02-2007 Mayor and Council approved CUP No. 07-03 to allow the Salvation Army to
construct a two story, 34,833 square foot, 124 bed men's shelter and rehabilitation
center on 8.8 acres at 363 South Doolittle Road.
10-15-2007 Mayor and Council approved Ordinance No. MC-1258 amending Development
Code Section 19.08.020, Table 08.01(34) to allow Social Service Centers as a
conditional use in the IL Land Use District.
05-19-2008 Mayor and Council approved Resolution 2008-151, an Agreement with The
Planning Center to provide an update of the City's General Plan Housing
Element, including an analysis of the need for emergency homeless shelters.
10-20-2008 Mayor and Council adopted Ordinance No. MC-1288.
11-17-2008 Mayor and Council received information from The Planning Center Consultant
regarding the emergency shelter component of the proposed revised Housing
Element and the requirements of Senate Bill 2, and continued this matter to
November 25, 2008.
11-25-2008 Mayor and Council adopted Ordinance No. MC-1290.
Recommended Motion:
That the hearing be closed and that said Urgency Ordinancebadopt d
Valerie C. Ross
Contact Person: Terri Rahhal, Deputy City Planner Phone: 5057
Supporting data attached: Staff Report Ward(s): City Wide
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
Acct. Description:
Finance:
Council Notes:
014 Ae , /317 Agenda Item No. 2-0
1o'S-oQ
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
An Urgency Ordinance amending and extending Ordinance No. MC-1290, an urgency ordinance
of the City of San Bernardino amending San Bernardino Municipal Code (Development Code)
Section 19.02.050, 19.08.020, Table 08.01, adding Chapter 19.10-E, and amending Section
19.06.020, Table 06.01, designating the areas within the Emergency Shelter Overlay District,
declaring the urgency thereof, and taking effect immediately.
Background:
On October 20, 2008, the Mayor and Council approved Ordinance No. MC-1288, an Urgency
Ordinance which established the Emergency Shelter Overlay District, to permit emergency
shelters with approval of a building permit within the IL, Industrial Light, land use district lying
south of 3`d Street, east of Waterman Avenue and north of Central Avenue. On November 25,
2008, the Mayor and Council approved Ordinance No. MC-1290, an Urgency Ordinance which
amended and extended Ordinance No. MC-1288, amended Development Code Section 19.02.050,
19.08.020, Table 08.01, added Chapter 19.10-E, amended Section 19.06.020, Table 06.01, and
designated five new areas throughout the City in the IL and CH, Commercial Heavy, land use
districts within the Emergency Shelter Overlay District, and removed the previously designated
area south of 3`d Street, east of Waterman Avenue and north of Central Avenue. Ordinance No.
MC-1290 expires on October 10, 2009, unless the Mayor and Council extends the Ordinance
before that date, at a noticed public hearing at the October 5, 2009 Council meeting.
State law requires that any action by the Mayor and Council to extend/amend the Ordinance must
be approved by a 4/5ths vote of the Council, i.e., six votes of the Council.
The attached Urgency Ordinance extends the Emergency Shelter Overlay District to the same five
areas which were included in Ordinance MC-1290:
Gi
Area 1 includes approximately 40 acres in the IL, Industrial Light land use district located on the
north and south side of Baseline Street at Lassen Avenue.
Area 2a includes acreage in the CH, Commercial Heavy and IL, Industrial Light land use districts
on the east and west sides of Rancho Avenue between Mill Street and Foothill Boulevard. Area
2b includes acreage in the CH, Commercial Heavy land use district on the north side of Foothill
Boulevard at a northerly extension of Rancho Avenue. The combined acreage of Areas 2a and 2b
is approximately 84 acres.
Area 3 includes approximately 29 acres in the IL, Industrial Light land use district south of
Caroline Street, east of Gardena Street, west of the City limits, and north of the railroad tracks.
j� 1
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT - Continued
Area 4 includes approximately 8 acres in the CH, Commercial Heavy land use district on the
north side of Baseline Street, east of Victoria Avenue, south of the flood control channel, and
west of an extension of Valaria Drive.
Area 5 includes approximately 12 acres in the IL, Industrial Light land use district located on the
north side of 13`h Street, south of 16`h Street, east of I-215, and west of"H" Street.
Locational maps of these five areas are included as exhibits to the proposed Urgency Ordinance.
Notice of the Public Hearing to consider the proposed Urgency Ordinance was published in The
Sun newspaper on September 25, 2009, as required by State law.
Financial Impact:
Recommendation:
That the hearing be closed, and that said Urgency Ordinance be adopted.
Attachments:
Urgency Ordinance
Exhibits: A Table 06.01
B Table 08.01
C Chapter 19.10-E
D Locational Maps
i
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COPY
1 ORDINANCE NO.
2 AN URGENCY ORDINANCE AMENDING AND EXTENDING ORDINANCE NO.
MC-1290, 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, ADDING CHAPTER 19.10-E,AMENDING
4 SECTION 19.06.020, TABLE 06.01, DESIGNATING THE AREAS WITHIN THE
EMERGENCY SHELTER OVERLAY DISTRICT, DECLARING THE URGENCY
5 THEREOF,AND TAKING EFFECT IMMEDIATELY.
6
The Mayor and Common Council of the City of San Bernardino do ordain as follows:
7
WHEREAS, Section 40(z)of the City Charter vests the Mayor and Common Council with
8
the power to make and enforce all laws and regulations with respect to municipal affairs,subject only
9
to the restrictions and limitations provided in the Charter or by State law; and
10
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
third's(2/3) vote of the Council; and
13
14 WHEREAS,Government Code Section 65858 provides that for the purpose ofprotecting 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 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
intends to study within a reasonable time; and
20
21 WHEREAS, effective January 1, 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 findings,based upon substantial
FAEMPENO\Ordinances\Emergency Shelter Ordinance 10-5-09.wpd �✓0 - S—O /
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I evidence in the record as to one of five (5) findings; and
2 WHEREAS, finding number five(5)under Government Code Section 65589.5(d)provides
3 the exception that:
4 The...emergency shelter is inconsistent with both the jurisdiction's zoning ordinance
5 and general plan land use designation as specified in any element of the general plan as
6 it existed on the date the application was deemed complete, and the jurisdiction has
7 adopted a revised housing element in accordance with Section 65588 that is in
8 substantial compliance with this article.
9 WHEREAS, finding number five(5)is subject to the further requirement that the exception
10 is not available if the local agency has failed to identify a zone or zones wherein emergency shelters
11 are allowed as a permitted use without a conditional use permit or other 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 recognizes that legislative bodies,prior to the adoption of arevised
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
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
28 existing emergency shelters which provide in excess of 400 beds for the homeless, including the
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1 Salvation Army's new 124-bed year round homeless shelter for men located at 363 South Doolittle
2 Road. In addition,the Salvation Army has made an application for another 150-bed homeless shelter
3 for families with children at 925 W. 10th Street that is currently under review by the City(see list
4 of service providers attached as Exhibit A to the Staff Report for Ordinance No.MC-1288 and which
5 is 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 September 22, 2009, only four cities out
y 16 of the 24 cities in the County of San Bernardino and only three cities out of the 24 cities in the
17 County ofRiverside have adopted and received HCD certification of 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 October 2009; 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,togetherwith
27 opportunities for development of new emergency shelters in the residential, industrial, and
28 commercial land use districts with the approval of a Conditional Use Permit,and the adoption of this
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1 Urgency Ordinance,which will permit new emergency shelters with approval of a nondiscretionary
2 development permit within the CH,Commercial Heavy,and IL,Industrial Light,Land Use Districts
3 in various locations of the City,will provide sufficient emergency shelters to meet the needs of the
4 homeless in the City of San Bernardino in the interim, until a revised Housing Element in full
5 compliance with Senate Bill 2 is adopted by the City; and
6 WHEREAS, at the Council meeting on October 20, 2008, the Mayor and Council adopted
7 Ordinance No. MC-1288, "An Urgency Ordinance of the City of San Bernardino Amending San
8 Bernardino Municipal Code(Development Code) Section 19.02.050, 19.08.020, Table 08.01, and
9 adding Chapter 19.10-E, Emergency Shelter Overlay District to permit emergency shelters with
10 approval of a building permit within areas of the IL,Industrial Light,Land Use District lying South
11 of 3rd Street,East of Waterman Avenue and North of Central Avenue,declaring the urgency thereof,
12 and taking effect immediately." Ordinance No.MC-1288,and the Request for Council Action,Staff
13 Report,Exhibits,and other documents and testimony previously submitted to the Mayor and Council
14 in support of said Ordinance are hereby incorporated herein by reference; and
15 WHEREAS,at the Council meeting on November 17,2008,the Mayor and Council received
16 information from The Planning Center Consultant on the revised Housing Element regarding
17 emergency shelters and the requirements of Senate Bill 2; and
18 WHEREAS,at the Council meeting on November 25,2008,the Mayor and Council approved
19 Ordinance No.MC-1290,an Urgency Ordinance which amended and extended Ordinance No.MC-
20 1288,amended Development Code Section 19.02.050, 19.08.020,Table 08.0 1,added Chapter 19.10-
21 E, amended Section 19.06.020, Table 06.01, and designated five new areas throughout the City in
22 the IL and CH,Commercial Heavy,land use districts within the Emergency Shelter Overlay District,
23 and removed the previously designated area south of 3'Street,east of Waterman Avenue and north
24 of Central Avenue. Ordinance No. MC-1290, and the Request for Council Action, Staff Report,
25 Exhibits, and other documents and testimony previously submitted to the Mayor and Council in
26 support of said Ordinance are hereby incorporated herein by reference; and
27 WHEREAS,the Mayor and Council need additional time to study and determine whether the
28 areas of the City designated by this Urgency Ordinance within the Emergency Shelter Overlay
F1EMPENMOrdinances\Entergency Shelter Ordinance 10-5-09.wpd
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1 District should be modified; and
2 WHEREAS, the above-stated recitals and the Staff Report to this Ordinance are hereby
3 adopted as the written report issued by the Mayor and Council pursuant to Government Code Section
4 65858, which describes the measures taken to alleviate the condition which led to the adoption of
5 the previous urgency ordinance; and
6 WHEREAS, notice of the public hearing for the Mayor and Council's consideration of the
7 proposed Urgency Ordinance was published in The Sun newspaper on September 25, 2009, as
8 required by Government Code Section 65858.
9 WHEREAS,the Mayor and Common Council make the following findings of a current and
10 immediate threat to the public health,safety and welfare as required by California Government Code
11 Section 65858:
12 1. The City of San Bernardino has sufficient emergency shelters, transitional and supportive
13 housing facilities inexistence as"grandfathered"uses underprior versions ofthe Development Code.
14 It also has numerous low-income housing developments and government subsidized housing
15 facilities which lower the threshold of the transition from homelessness to sheltered.
16 2. As a consequence of the recent housing crisis and of previous housing crises,the City of San
17 Bernardino has experienced a history of housing affordability relative to other communities which
18 has facilitated the location in San Bernardino of sufficient emergency shelters, transitional and
19 supportive housing facilities that accommodate six(6)or fewer unrelated adults and are not therefore
20 subject to regulation by the City.
21 3. Because of the systemic hostility of other regional entities to the presence of homeless
22 persons,the City of San Bernardino is in the same posture as downtown Los Angeles in terms of the
23 disproportionate supply of shelter and service providers across the region that has led to a
24 disproportionate concentration of homeless persons in the City of San Bernardino. There exists a
25 confusion as to the needs of the San Bernardino homeless,the regional homeless who migrate to San
26 Bernardino, and the national homeless for whom San Bernardino is a warm weather stop.
27 4. The concentration of homeless persons in the City of San Bernardino,including the mentally
28 ill and those suffering substance abuse, is detrimental to their rehabilitation in that they have
F:\EMPENO\Ordinances\Ernergency Shelter Ordinance 10-5-09.wpd
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1 developed in some instances,and have become part of informal but enduring networks that support
2 their illness against the efforts of the local institutions for their rehabilitation.
3 5. The improper location of emergency shelters in all parts of the City of San Bernardino,at this
4 time of economic crisis in the housing market,will facilitate the entrenchment of land uses in such
5 manner as to further perpetuate the disproportionate distribution of services across the region and
6 will in fact serve to accelerate the processes Senate Bill 2 seeks to defeat.
7 NOW THEREFORE,THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
8 BERNARDINO DO ORDAIN AS FOLLOWS:
9 Section 1. The Mayor and Common Council find that the above-stated Recitals are true
10 and hereby adopt and incorporate them herein.
11 Section 2. Ordinance No.MC-1290 is hereby amended and extended as provided herein.
12 Section 3. San Bernardino Municipal Code (Development Code) Section 19.02.050,
13 Definitions, is hereby amended to add the definition of"Emergency Shelter" to read as follows:
14 19.02.050 DEFINITIONS
C15 Emergency Shelter. As used in Government Code Section 65582, 65583, and 65589.5
16 (Senate Bill-2), and as defined in Health and Safety Code Section 50801(e), "emergency shelter"
17 means housing with minimal supportive services for homeless persons that is limited to occupancy
18 of six months or less by a homeless person. No individual or household may be denied emergency
19 shelter because of an inability to pay. Emergency shelters shall be occupied only by homeless
20 persons unable to pay for housing. Facilities occupied by individuals who pay for their housing or
21 whose lodging/housing is paid for by others shall not be permitted as emergency shelters. Also
22 referred to as a"homeless shelter", "homeless facility',or"social service center with a residential
23 component."
24 Section 4. San Bernardino Municipal Code (Development Code) Section 19.06.020,
25 Table 06.01 Commercial Districts List of Permitted Uses, and Section 19.08.020, Table 08.01
26 Industrial Districts List of Permitted Uses, is hereby amended to allow Emergency Shelters as a
27 permitted use,requiring a Development Permit Type I in the Emergency Shelter Overlay District in
28 the CH, Commercial Heavy, and IL,Industrial Light,Land Use Districts pursuant to Development
® FAEMPENO\Ordinances\Emergency Sheiter Ordinance 10-5-09.wpd
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1 Code Chapter 19.10-E, see Exhibits A and B, attached hereto and incorporated herein.
2 Section 5. San Bernardino Municipal Code (Development Code) Chapter 19.10-E.
3 Emergency Shelter Overlay District,is hereby added to read as shown on Exhibit C,attached hereto
4 and incorporated herein. Attached and incorporated herein as Exhibit D are reference maps showing
5 the areas of the City designated within the Emergency Shelter Overlay District.
6 Section 6. Pursuant to the requirements of Senate Bill 2, the Mayor and Common
7 Council hereby direct the Development Services Department to implement a program to amend the
8 City's zoning ordinances to meet the requirements of Government Code Section 65583(a)(4)(A)
9 within one year of the adoption of the City's revised Housing Element of the General Plan.
10 Section 7. This Ordinance is based upon the recitals and findings set forth above, and
11 the accompanying Staff Report and its attachments to this Ordinance,and is adopted pursuant to the
12 authority granted to the City of San Bernardino in Article 11, Section 7 of the California
13 Constitution, and Sections 31, 40(z), and 121 of the Charter of the City of San Bernardino and
14 California Government Code Section 65858.
V 15 Section 8. Pursuant to Sections 31 and 121 of the Charter of the City of San Bernardino
16 and Government Code Section 65858,this Ordinance shall take effect immediately. This Ordinance
17 shall be of no further force and effect 12 months from its date of adoption unless extended by action
18 of the Mayor and Common Council.
19 Section 9. Compliance with the California Environmental Quality Act. The Mayor and
20 Common Council finds that this Ordinance is not subject to the California Environmental Quality
21 Act(CEQA)pursuant to Sections 15061(b)(3) (the activity will not result in a direct or reasonably
22 foreseeable indirect physical change in the environment)and 15060(c)(3)(the activity is not aproject
23 as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14,
24 Chapter 3, because it has no potential for resulting in physical change to the environment, directly
25 or indirectly.
26 Section 10. Severability. If any section, subsection, subdivision, sentence, clause or
27 phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or
28 ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
F1EMPENOWrdinancesTrnergency Shelter Ordinance 10-5-09.wpd
7
1 effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and
2 Common Council hereby declares that it would have adopted each section irrespective ofthe fact that
3 any one or more subsections, subdivisions, sentences, clauses, or phrases be declared
4 unconstitutional, invalid, or ineffective.
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F:\EMPEWOrdinances\Emergency Shelter Ordinance 10-5-09.wpd
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1
AN URGENCY ORDINANCE AMENDING AND EXTENDING ORDINANCE NO.
2 MC-1290 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO
AMENDING SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE)
3 SECTION 19.02.050, 19.08.020,TABLE 08.01, ADDING CHAPTER 19.10-E,AMENDING
SECTION 19.06.020, TABLE 06.01, DESIGNATING THE AREAS WITHIN THE
4 EMERGENCY 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
7 Council of the City of San Bernardino at a meeting thereof,held on the_day
8 of , 2009, by the following vote, to wit:
9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 BAXTER
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18
19 Rachel Clark, City Clerk
20 The foregoing Ordinance is hereby approved this day of 12009.
21
22
PATRICK J. M RRIS;Mayor
23 City of San Bernardino
24 Approved as to form:
JAMES F. PENMAN
25 C' Attorney
26
27
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FAEMPENMOrdinancesEnnergency shelter Ordinance 10-5-09.wpd
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INDUSTRIAL DISTRICTS- 19.08
EXHIBIT B
CHAPTER 19.08
INDUSTRIAL DISTRICTS
19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND
CONDITIONALLY PERMITTED USES
The following list represents those primary uses in the manufacturing/industrial zoning districts
which are Permitted(P), subject to a Development Permit(D)or a Conditional Use Permit(C):
TABLE 08.01
INDUSTRIAL DISTRICTS LIST OF PERMITTED USES
MC 88812/6/93
LAND USE ACTIVITY CH OIP IL HI IE
1. Accessory structures/uses typically appurtenant to a D D D D D
principally permitted land use activity;
2. Agricultural Production-crops; — — — D D
3. Agricultural Services; D — D D —
4. Assembling,cleaning,manufacturing,processing,repairing D D' D D —
or testing of products including automotive related(except
dismantling)and welding and excluding explosives,
conducted entirely within an enclosed structure except for
screened outdoor storage areas;
5. Assembling,cleaning,manufacturing,processing,repair of D — — D —
products,research,storage,testing or wholesale land uses
(except explosives)with a portion of the operation(other
than storage)occurring outside of the enclosed structure:
A. Outside land uses in the CH and 1H districts within
150 feet of a residential land use district; C C —
6. Concrete batch plants,processing of minerals and — — — C C
aggregate and other related land uses,not including
extraction activities;
7. Crematory; D — D D —
8. Dwelling unit for a full-time security guard and family; — — D D D
9. Educational Service, including day care; D D D C —
10. Emergency Shelters D2 — D2 — —
INDUSTRIAL DISTRICTS - 19.08
LAND USE ACTIVITY CH OIP II, III EE
11. Entertainment/Recreational Uses:
A.Adult Entertainment C — C —B.Auditoriums,Convention Halls and Theaters C C — —C.Miscellaneous Indoor; and D C D D
D.Miscellaneous Outdoor C C C C
12. Financial; D D
13. Fuel Dealers; C — C D —
14. Funeral Parlors/Mortuaries; D — D D —
15. Gasoline Service Stations; D — D D —
16. Heliports/Helipads; C C C C C
17. Impound Vehicle Storage Yards(with or without towing) C — C D —
18. Membership organizations, including religious facilities, D D D — —
meeting halls,and fraternal lodges;
19. Mining/Extraction, including aggregate,coal,gas,metal — — C
and oil;
20. Mobile Home Dealers(sales and service); D — D D —
21. Offices/Services(administrative and professional); D D D — —
22. Outdoor contractor's, lumber,and rental yards and storage D — D D D
areas for building supplies;
23. Outdoor Horticultural Nurseries; D — D D D
24. Parking Lots; D D D D D
25. Personal Services; D D3 D3 — —
26. Pipelines(As defined by Section 19.20.030[12][E] or as C C C C C
superseded by State or Federal law);
27. Public utility uses, distribution and transmission D D D D D
substations and communication equipment structures;
28. Publishing/Printing Plants; D D D D —
29. Railroad Yards; — — — D —
30. Recycling Facilities; (In compliance with Section
19.06.030[2][P])
31. Research and Development, including laboratories; D D D D —
32. Retail Commercial; D D3 D3 — —
33. Salvage and Wrecking(dismantling)yards; — C C
34. Salvage and Wrecking Facilities(completely within an C — C C —
enclosed structure);
INDUSTRIAL DISTRICTS - 19.08
LAND USE ACTIVITY CH OH' IL III IE
35. Social Service Centers; — — C° — —
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 mini- D — D D —
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 Centers/Blueprinting; D D D
D. Equestrian Trails; P P P P P
E. Fences/Walls; 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 3/2/92);and
H. Temporary Uses(Subject to[T]Temporary Use Permit) T T T T T
'Except auto related.
ZPermitted in the Emergency Shelter Overlay District,pursuant to Chapter 19 10-E.
'Incidental to a primary use,and contained within a primary structure(15%max.).
°Commission recommends to Council for final determination.
Other similar uses which the Director finds to fit within the purpose/intent of the zones, in compliance
with Section 19.02.070(3).
EMERGENCY SHELTER OVERLAY DISTRICT - 19.10-E
EXHIBIT C
CHAPTER 19.10-E
EMERGENCY SHELTER OVERLAY DISTRICT
19.10-E.010 PURPOSE
The purpose of this chanter is to provide for areas within the CH Commercial Heavy and IL
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 Goverment Code Section 65583 are
allowed without a conditional use permit or other discretionary permit. Reco®izing the need for
available and affordable sites for establishment of emergency shelters outside the traditional
locations in commercial districts. the Emergency Shelter Overlay District provides several areas
within the CH and IL districts for new emergency shelters to be inteamted with commercial and
lit industrial uses and existing social services throutrdmout the City. The purpose of the designated
boundaries (area of applicability) is to maximize the potential for provision of emergency shelter
and support services throughout the City of San Bernardino
19.10-E.020 APPLICABILITY
The Emergency Shelter Overlay District shall apply to CH Commercial Heavy and IL Industrial
Lit land use districts as specified in reference maps adopted with the Emergency Shelter Overlay
District and available in the Development Services Department All land use regulations 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 Emergncy Shelter Overlay District shall be to define the
area of applicability where emergency shelters shall also be permitted with Director approval and
to add general and specific development standards for emergency shelters within the CH and IL
land use districts.
19.10-E.030 GENERAL PROVISIONS
1. Emergency shelters located within the Emergency Shelter Overlay District shall be
developed and operated according to the land use regulations development standards and
design guidelines for the CH and IL Districts as applicable as well as Chapter 19 10 E
2. Emergency shelters shall be permitted with the approval of a Development Permit !We 1
within the Emergency Shelter Overlay District as specified in Table 06.01 of Cbapter 19.06
and Table 08.01 of Chapter 19.08.
EMERGENCY SHELTER OVERLAY DISTRICT - 19.10-E
19.10-E.040 DEVELOPMENT STANDARDS
1. The following standards shall apply to development of emergency shelters within the
Emergency Shelter Overlay District:
A EMERGENCY SHELTERS
Emergency shelters providing impQm housing and support services to homeless
persons, shall be permitted in the Emergency Shelter Overlay District of the CH
Commercial Heavy and IL, Industrial Light land use districts subject to the standards in
this Section.As social services with residential components emergency shelters are also
conditionally permitted in several commercial land use districts and throughout the IL
Industrial Light land use district. The following standards shall be required for
development or establishment of emergency shelters in the Emergency Shelter Overlay
District:
(1) The maximum resident capacity shall be 35•
(2) The maximum length of stay shall be 6 months;
(3) The site shall be located no more d= 1/2 mile from a public transit line•
(4) Any new or existing structure proposed for use as an emergency shelter shall meet
current California Building Code requirements
(5) Off-street parking shall be provided at a ratio of one space per 1,000 square feet of
gross floor area or one space for each employee on the largest shift plus one space
for each agency vehicle plus three visitor spaces whichever is egz ater•
(6) Fencing and exterior lighting conforming to the development standards of Chapter
19.20 shall be required to ensure the security of site residents•
(7) A security and management plan shall be required to demonstrate adequate plans
and capability to operate the emergency shelter in a safe and effective manner,
including complete descriptions of the following:
(a) Fencing, lighting, video cameras and any other physical improvements intended
to provide or enhance security for residents and staff-,
(b) Staffing plans, including the qualifications and responsibilities of all staff
members and the number and positions of employees on each shift;
(c) Procedures and policies for screening of potential residents to identify
individuals who should be referred to medical facilities residential care
facilities,other service agencies or law enforcement',
EMERGENCY SHELTER OVERLAY DISTRICT - 19 10-E
(d) Plans and policies for daily perations and supervision of residents;
(e) Support services to be offered to residents including life skills training
counseling,referral to other service agencies and job placement assistance;
(fl 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
Exhibit D-1
LOCATION MAP
CITY OF SAN BERNARDINO
PLANNING DIVISION
Area 1
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Exhibit D-2
LOCATION MAP
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Exhibit D-2
LOCATION MAP
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