Loading...
HomeMy WebLinkAbout30- Development Services ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Conditional Use Permit No. 08-21 — Appeal of the Planning Commission's denial of a Conditional Use Permit to convert an existing 6,747 square foot Dept: Development Services church building into a 56-bed homeless shelter with related support and office space located at 840 North Date: August 26, 2009 Sierra Way in the RM, Residential Medium land use district. (Appeal No. 08-07) MCC Date: September 21, 2009 Synopsis of Previous Council Action: 03/16/09 Mayor and Council continued the matter for further review by City Attorney. 04/06/09—08/17/09 Mayor and Council continued the appeal pending a search for an alternative site in the Emergency Shelter Overlay District. Recommended Motion: That the hearing be closed and that the Mayor and Common Council grant the appeal and approve Conditional Use Permit No. 08-21 based on the recommended Findings of Fact and subject to the recommended Conditions of Approval. Alternative Motion: That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold the Planning Commission's denial of Conditional Use Permit No. 08-21 based on the Findings of Fact as recommended on April 6, 2009. Valerie C. Ross Contact person: Terri Rahhal, City Planner Phone: 3330 Supporting data attached: Staff Report Ward: 1 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct.No.) Acct. Description: Finance: Council Notes: Agenda Item No. 30 /p - .sz)"? 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(Exhibit 1 —Location Map). Owner: Appellant: Faith Temple AP Ministries Dr. Garnett Newcombe, CEO 840 North Sierra Way Human Potential Consultants, LLC San Bernardino, CA 92401 500 East Carson Plaza Drive, Suite 127 909.215.8683 Carson, CA 90746 310.756.1560 Background: The subject of this appeal is the Planning Commission denial of Conditional Use Permit (CUP) No. 08-21, a request by Human Potential Consultants, LLC (HPC) to convert an existing 6,747 square foot church building into a 56-bed homeless shelter at 840 North Sierra Way. Prior to the Planning Commission denial of the CUP application, HPC voluntarily revised the application to propose a 36-bed facility. HPC also voluntarily proposed a sunset date for operation of the proposed shelter to cease prior to opening of Lincoln II Elementary School, planned for construction in 2010. The Planning Commission considered CUP No. 08-21, including the revisions proposed by HPC, and denied the application on November 5, 2008. The primary reason cited for the denial was incompatibility of the proposed emergency shelter with the anonymity and security of the Option House, an existing domestic violence shelter in the vicinity of the project site. On March 16, 2009, the Mayor and Council heard the item, including written comments from representatives of the Option House, who were unable to attend the hearing. The matter was continued for further review of alternative actions. On April 6, 2009, the appeal was considered, including testimony from representatives of the Option House. When HPC agreed to consider a different site, the Mayor and Council directed staff to work with the appellant to seek an alternative site for HPC to establish an emergency homeless shelter. The appeal hearing has been continued several times,pending the outcome of the search for an alternative site. Staff met with HPC on several occasions to discuss potential alternative sites, focusing first on sites in the Emergency Shelter(ES) Overlay District. Finding no available buildings suitable for the shelter facility proposed by HPC, the search was expanded to identify a suitable site that might be added to the ES Overlay District. Over 30 sites were considered, and two potential sites were identified to recommend to the Mayor and Council: 225 West Orange Show Lane and 673 South Waterman Avenue. The Orange Show Lane site was constrained by a covenant prohibiting residential use of the site. On August 17, 2009, a motion to refer a Development Code Amendment proposal to the Planning Commission that would add 673 South Waterman Avenue to the ES Overlay District and permit establishment of an emergency shelter on the site failed. 2 Financial Impact: None. The appellant has paid applicable processing fees. Recommended Motion: That the hearing be closed and that the Mayor and Common Council grant the appeal and approve Conditional Use Permit No. 08-21 based on the recommended Findings of Fact and subject to the recommended Conditions of Approval. Alternative Motion: That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold the Planning Commission's denial of Conditional Use Permit No. 08-21 based on the Findings of Fact as recommended on April 6, 2009. Exhibits: 1. Location Map 2. Findings for Approval of Conditional Use Permit No. 08-21 3. Conditions of Approval for Conditional Use Permit No. 08-21 3 EXHIBIT 1 F BERNARDINO PLANNING DIVISION N MAP HEARING DATE: 09/21/2009 PROJECT: Conditional Use Permit 08-21 (Appeal 08-07) NORTH Project Site I TTi /Y - 3Ty (C) City of San Bernardino ^o=2ft EXHIBIT 2 REVISED FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT NO. 08-21 I. BACKGROUND FACTS A. The Applicant is a for-profit organization headquartered in Carson, California and engaged in the business of providing employment preparation,vocational training, and job placement for individuals facing extraordinary challenges to re-entering the workplace. The Applicant manages and operates homeless residential centers throughout California, serving veterans, persons with disabilities, and persons on parole or probation. B. The Applicant is being represented in this appeal without charge by attorneys from the Los Angeles office of Sidley Austin LLP, a multinational firm of more than 1,800 attorneys. The Applicant is also receiving free legal assistance from Public Counsel Law Center, a non-profit public interest law firm located in Los Angeles. C. In this appeal, the Applicant seeks review of the Planning Commission's denial of a Conditional Use Permit(CUP) for an Adult Education, Employment and Residential Center (AEERC). The Applicant states that the occupants of the facility would be homeless individuals. D. Abutting the proposed project site to the north, west, and south of the site are residential properties in the Residential Medium land use district. Directly across the street from the site are single-family residences in the Residential Medium-High district. E. A domestic violence shelter, Option House, is located in close proximity to the site. Option House was the first domestic violence shelter in California and has been at its location for 26 years. Option House is the only domestic violence shelter located in the central San Bernardino Valley region. It maintains 32 beds,not counting cribs. F. Victims of domestic violence sometimes are placed at Option House the same evening they report being abused, at a time when they are particularly fragile. Women residing at Option House who have employment or are students must continue to attend work or school. In addition, all Option House residents must leave the facility from time to time to attend to daily affairs. Leaving the facility requires Option House residents to walk directly by the proposed project site. II. PROJECT REVIEW STANDARDS A. The proposed use is conditionally permitted within the subject land use district. As described by the Applicant, the proposed project is an emergency homeless shelter, which is permitted in the RM, Residential Medium density land use district, subject to approval of a Conditional Use Permit. Operated in accordance with the approved Conditions, the project would satisfy the criteria for an emergency shelter as set forth in California Government Code section 65582 and California Health and Safety Code sections 50801 and 50801.5, including the requirements that shelter be provided on a first-come-first-served basis for six months or less, and that no individual or household be denied emergency shelter because of an inability to pay. B. Operated in accordance with the approved Conditions and the management plans with which the Applicant has represented it will comply,the proposed project will not impair the integrity and character of the subject land use district, and will comply with all of the applicable provisions of the Development Code. The security and anonymity of Option House are vital to the integrity of the existing neighborhood, as it is the only domestic violence shelter of its kind in a wide geographical area. The Conditions are designed to preserve Option House's security and anonymity by screening proposed residents of the facility to exclude or limit those with significant criminal histories, who might pose a threat to those values if housed in such close proximity. These requirements are deemed necessary to protect those values based on the statements of representatives of Option House that the close proximity of a facility with residents having significant criminal histories would adversely affect Option House's operation by deterring new or existing clients from staying there, and by requiring that Option House, a nonprofit organization, expend additional funds for enhanced on-site security personnel and equipment. C. The proposed use is consistent with the General Plan. General Plan Goal 3.4, "Assist the provision of housing for residents with special needs," is partially implemented by Policy 3.4.7, which says"Permit shelters for the homeless and transitional housing by Conditional Use Permit in all multi-family zones designated RM or greater, and downtown in areas designated CR-2." Since adopting Policy 3.4.7,the Council has gone further to also permit emergency shelters in the IL, Industrial light land use district subject to a CUP, and by creating the Emergency Shelter Overlay District, where emergency shelters are permitted through a non- discretionary permit process. Approval of CUP No. 08-21 to provide an emergency shelter in the RM land use district is consistent with the cited goal and policy of the General Plan. D. Approval of a Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and Section 19.20.030(6) of the Development Code. Development of the proposed project is exempt from review requirements of CEQA under Section 15301 for minor alterations to existing facilities. The Development/Environmental Review Committee (D/ERC)evaluated the project site and development plans to confirm that the CEQA exemption is applicable, in compliance with procedures set forth in Section 19.20.030(6) of the Development Code. E. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. No potentially significant physical impacts on the environment or on natural resources were identified by the D/ERC in the review of the proposed project. The project site is already developed in an urbanized area served by the necessary infrastructure, utilities and public services. Utilization of the site for the proposed use would not create a significant effect on natural resources or the environment. F. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest,health, safety, convenience, or welfare of the City. 2 1. The location, size and design of the proposed project are adequate to accommodate the proposed use, an emergency shelter for the homeless, with minimal improvements to the existing structure and the project site. 2. Conditions of approval will be applied to ensure public safety, including a sunset clause proposed by the Applicant to cease operations and convert the facility to a use appropriate to address the School District's needs and consistent with the City's General Plan and Development Code, prior to occupancy of Lincoln II Elementary School,planned for construction at the southwest corner of Sierra Way and 8th Street. 3. Other conditions prohibit residency of individuals who have been convicted of violent crimes, including domestic violence offenses, and also prohibit the disclosure to residents of the facility of the location or clientele of Option House, which could be detrimental to the continued operation of Option House. 4. Conditions of approval also would limit the percentage of residents who are on felony parole or probation to the same percentage as is permitted in single-family group homes within the City. Compliance with that requirement will protect public safety by avoiding the crime problems that accompany housing developments occupied by a high concentration of parolees and/or probationers. a. California's recidivism rate, as measured by the return-to-prison rate, is 66 percent, compared to a 40 percent national average. (Grattet, Petersilia, Lin, Beckman, Parole Violations and Revocations in California: Analysis and Suggestions for Action Federal Probation(June 2009) Volume 73,Number 1. There is already a high concentration of parolees in the area of the proposed project, which along with other conditions makes it hard for the Police Department to service the area. b. Past experience with parolee/probationer housing facilities in the City has been unsatisfactory. From August 1998 to May 2001, a 24-unit facility operated on North H Street. The concentration of parolees/probationers resulted in an extreme number of calls for service that forced the Police Department, in conjunction with Code Enforcement and other elements of the City, to shut down the facility in the interest of public safety. From 1999 to 2002, a 14-unit apartment parolee/probationer facility operated on North H Street. As a result of an extremely high incidence of calls for service associated with parolees,the Department eventually shut that facility down as well. C. Conditions requiring exclusion of residents based on criminal history have been tailored to require only exclusion of those with relatively serious histories due to the Applicant's representation that much of the homeless population it seeks to serve will include individuals who have criminal histories only because, due to their homeless status, they have been convicted of status offenses, such as vagrancy, or similar relatively less serious offenses. In seeking to protect the security and integrity of the neighborhood, it is not the purpose of the City to exclude homeless individuals whose criminal histories are not such as to pose a significant threat to those values. G. The subject site is physically suitable for the type and density/intensity of use being proposed. The proposed emergency shelter use would occupy an existing structure with a 3 density of residential occupancy comparable to multi-family residential uses permitted in the RM, Residential Medium land use district.No major alterations to the existing structure or site improvements would be required to accommodate the proposed use. Therefore,the site is physically suitable for the emergency shelter proposed by CUP No. 08-21. H. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. The site is located in an urbanized area and is already developed with a 6,747 square foot building and parking improvements. A full range of utilities and public services are available to serve the site. Conditions of approval are proposed to protect the anonymity of the Option House domestic violence shelter and to protect Option House residents from inadvertent contact with their batterers or acquaintances of their batterers. This requirement, combined with other conditions of approval discussed in these findings will help minimize potential adverse impacts on public health and safety. 4 1 ATTACHMENT D CITY OF SAN BERNARDINO Development Services Department - Public Works Division Standard Requirements Description: -A request to convert an existing church into a Homeless Facility with 56 bunk beds, including a kitchen with a dinning room, a shower room, restrooms and offices. The project is located on approximately 0.45 acre on the west side of Sierra Way approximately 150 feet north of 8`" Street, in the RM, Residential Medium Land use district. Applicant: Doug Shultz Location: 840 Sierra Way Case Number: CUP 08-21 1. Drainage and Flood Control a) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. b) If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. c) Landscape clippings and waste will not be washed or blown into the City right of way. All landscaping debris will be swept up and placed into the proper waste receptacle. d) Source Control best management practices required for trash and debris. e) A Non-Categorical Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the City's web page at www.sbcity orq- Departments - Development Services - Public Works for templates to use in the preparation of this plan. f) The City Engineer, prior to issuance of any permit, shall approve the WQMP. I I i Project: Homeless Shelter Case No. CUP 08-21 Page 2 of 6 g) The City Engineer, prior to on-site plan approval, shall approve an Erosion/Sediment and Waste Management Control Plan if soil disturbance is expected. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 2. Grading and Landscaping a) The site and drainage plans shall be signed by a Registered Civil Engineer, an on-site and off-site permit will be required. The plans shall be prepared in strict accordance with the City's "Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) The parking lot shall be re-striped filled and patched in failed areas. c) An on-site Improvement Plan is required for this project. d) Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6" high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5' deep and may overhang the landscaping or walkway by 2.5'. Overhang into the setback area or into an ADA path of travel (minimum 4' wide) is not permitted. e) Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. Project: Homeless Shelter Case No. CUP 08-21 Page 3 of 6 t f) The refuse enclosure(s) must be constructed in accordance with City Standard Drawing No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. Where a refuse enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3' wide by 6 " high concrete planter shall be provided to separate the enclosure from the adjacent parking. The placement of the enclosure and design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. The number and placement of refuse enclosures shall conform to the location and number shown on the site plan as approved by the Development Review Committee, Planning Commission or City Council. g) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on-site improvement permit issued by the City Engineer. h) The on-site improvement plan shall include details of on-site lighting, including: • light location, • type of poles and fixtures, • foundation design, • conduit location, material and size, and • number and size of conductors in each conduit run. • Photometric plot shall be provided which show that the proposed on-site lighting design will provide: • 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and • 0.25 foot-candles security lighting during all other hours. i) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. Project: Homeless Shelter Case No. CUP 08-21 Page 4 of 6 j) An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be concrete paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. k) A Lot Merger is required for this project, contact the Engineering Department for information regarding the processing of the lot merger. 1) The public right-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan, unless the parkway area is included in a landscape maintenance district, in which case, a separate landscape plan shall be provided. m) An easement and covenant shall be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. Upon request, the Real Property Section will prepare documents for execution by the property owner. The documents shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document- processing fee in the amount established by ordinance shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. Applicable to Commercial, industrial and multi-family development only. 3. Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. C) Utility services shall be placed underground and easements provided as required. i Project: Homeless Shelter Case No. CUP 08-21 Page 5 of 6 d) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets. 4. Street Improvement and Dedications a) For the streets listed below, dedication of adequate street right-of- way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Right of Wav(ft.) Curb Line(ft) Sierra Way 41.25' (existing) 22.25' (existing) b) If the existing sidewalk and/or curb & gutter adjacent to the site are in poor condition, the sidewalk and/or curb & gutter shall be removed and reconstructed to City Standards. Curb & Gutter shall conform to Standard No. 200, Type "6" and sidewalk shall conform to Standard No. 202, Case "A" (6' wide adjacent to curb), unless otherwise approved by the City Engineer. C) Construct all accessible curb ramps onsite and off-site in accordance with APWA Standards to comply with current ADA accessibility requirements. d) Construct Driveway Approaches per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. e) The pavement on existing streets adjoining the site shall be rehabilitated to centerline using a grind and overlay strategy approved by the City Engineer. 5. Required Engineering Plans a) A complete submittal for plan checking shall consist of: On-site plans, street improvement plans, • lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan), i ?? Project: Homeless Shelter 1 Case No. CUP 08-21 Page 6 of 6 • other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. All supporting required su q pp ng calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations) b) All improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. c) After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval. d) Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at httP://www.sbcity.org 6. Required Engineering Permits a) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. d b) Off-site improvement construction permit. 7. Applicable Engineering Fees a) All plan check, permit, inspection fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. b) The current fee schedule is available at the Public Works Counter and at http://www.sbcitV.org SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STANDARD REQUIREMENTS ® DRCiERC Case: CONDITIONAL USE PERMIT NO 08.21 APN NUMBER: 140-222-12, 13 EPN NUMBER: 1996-105 REVIEW OF PLANS: DATE COMPILED: 611712008 OWNER: Faith Temple Apostolic Ministries COMPILED BY: Roderick,Crystal DEVELOPER: Doug Schultz TYPE OF PROJECT: A Reguest tp cpmvert am existing church into a Homeless Facility with 64 beds,including small kitchen and offices. The project is located on apptoximately.45 acre on the west side of Siena Way approximately 150 feet north of the 81h Street,in the RM, NUMBER OF UNITS: 0 LOCATION: Approximately.45 acre on the west side of Siena Way approximately 150 feet north of 8th Street WATER DEPARTMENT ENGINE RING• - CONTACT: Hensley,Bill PHONE NUMBER: (909)384.5386 FAX NUMBER: (909)384.5532 Note.Aft Water Services are Subject to the Rules Regulations of the Water Department OV Size of Main Adjacent the Project 6"C.I.IN SIERRA WAY V Approximate Water Pressure _Q Elevation of Water Storage: 1249 Hydrant Flow a 20psi: Type,Size,Location and Distance to Nearest Fire Hydrant 008-091 1- Water Supply Study Required ] Pressure Regulator Required on Customer Side of the Meter Offsite Water Facilities Required L Water Main Reimbursement Due Area Not Served by San Bernardino Municipal Water Department Network Hydraulic Analysis Required per Uniform Design Standards Comments. ' •EX.4"FIRE SERVICE 6 3/4"DOMESTIC SERVICE WATER QUALITY CONTROL CONTACT: Arrieta,Con PHONE NUMBER: (909)384.5325 FAX NUMBER: (909)384-5928 V; R.P.P.Backflow Device Required at Service Connection for Domestic Service (,Aft Double Check Backflow Device Required at Service Connection for Fire and Irrigation �! Backflow Device to be Inspected before Water Service can be Activated No Backflow Device is required at this time SEWER CAPACITY INFORMATION CONTACT: Thomsen,Neil PHONE NUMBER: (909)384-5093 FAX NUMBER: (909)384-5592 Note:Proof of Payment Must be Submitted to the Building_Safety Department Prlor to Issuance of the Building Permit Sewer Capacity Fee Applicable at this time Sewer Capacity Fee must be paid to the Water Department for Subject to Recalculation of Fee prior to the Issuance of Building Permit 0 Gallons Per Day: Equivalent Dwelling Units: 0 J Breakdown Of Estimated Gallons Per Day COPY TO:Customer; Planning; Engineering (hursday,July 31,2008 EPM Po,clef/ + CITY OF S-,?,N "ESNARDINO FIRE DEPARTMENT -1R> EQ1JIREIU1ENTS case. r, W �h Date: -6-19.8- __-- Reviewed By: �! GENERAL REQUIREMENTS: Provide one additional set or earstrucuun plans;o Ouw:!ng ind Safely!or Five Department use 3t time of plan check. Contact the City of San Bernardino Fir;Cepnrtmenl a'('10u)384.5585 f.-r::pecifie detailed requirements. ❑ The developer shall provide for adequate fire ik•,v. Minimum fire flow requirements shall be based on square fcolage,construction features,and exposure information supplied by the developer and musj to available p ;o p!ac:ng cembustible matanals an afte. WATER PURVEYOR FOR FIRE PROTECTION: ❑ The fire protection water service for the area of Cris projec is provided by: ❑ San Bernardino Municipal Water Dispe,imem—c,)eet is i provided d0dJ 364•.5391 ❑ East Valley Water District—Engineering (grid)888-dd09 ❑ Other Water purveyor. PUBLIC FIRE PROTECTION FACILITIES: Phone., Cl Public firer residential are required along streets at intervals not to exceed 300 feat for commemial and mufti-reslaenilal areas and at intervals not to exceed 500 feet for residential areas. ❑ Fire hydrant minimum flow rates of 1,500 opm at a 20 psi-ninlmure residual pressure are required for commercial and multi-residential areas.Minimum fire hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are required for residential areas. ❑ Fire hydrant type and speoitk location shall be jointly determined by the City of San 9smaid!no Fire Department in conjunction with the water purveyor. Fire hydrant materials and installation shall conform to the standards and specifications of the•xator purveyor. ❑ Public fire hydrants,fire services,and public water mciBties necessary to,near Fire Department rnquln3ments are the developer's financial responsibility and shall be installed by the water purveyor or by the developer at the vaier purveyor's dlscralion.Contact;he water purveyor indicated above for additional information. ACCESS: Prooidb two separate,dedicated ro�utas.If ingross/ogress to the property entrance.The routes sh:JI F,e paved,all weather. ❑ Provide an access road to each bW.'uiny tor:ire apparatus. Arduss roa&vay shall have an all-s:aather laving surface of not less than 20 feet of mob- Provide width. Q❑ Extend roadway to w thin 1 Sn feet of ail por'ions of:he exterior wall of all uingle:der/buildings, Extend roadway to .wthin 5C feet Mme exterior <all of all muttiple•siary c,.iWings. Provide"NO PARKING"signsvhenhvar perking of%orioles v,ould pas;ahle educu the;learsnrn of access roadways to less then the required width. Signs are to read"FIRE LANE—NO PAR evor P M,C,sec, li fg. ❑ Dead-end streets shall not exceed 5C0 feet is length and shall have a minimum,w root radius turnaround. ❑ The names of any new streets[public or privet.:)shell 00 submitted to the F•re Danagmnnt io;aaprrrval- SITE: ❑ All access roads and shoots are to ha ,011i LIT and osabte Prior'0 cvnbustible 4oa:;tN0tf00. ❑ exterior fire hydrants shall .1 i111 be..[o proteut each builofn9 looated:aore then 15o teat/r no Lha 'jre No fire hydrants should be within 40 feet of any hydrant well.The hydrants skis be.". aanal;ype,¢ith or:e 2!i inrJ;,:nd d inch o!Nel. and approved by the rite Department !boas adjacent b lire hydrants shall he designated nc a"NV,-s:ii;f1A;lS';,�!�„,��Painting.in H inch wide,red c. manner that it will not be blocked by parked ;,lenng to be in%,hits ti'by h'. foe to 1$teat in each direction in front of the hydrant in such a qUILDINGS: Address numerals shall be nsmlk,d on Cie GnA)g1 ul dye ic)nl or orhar approved lration,r ;,-..h a manr.xr as to be visible from the frontage street Com- mercial and multi family address nmr ! sir It Ce r wrl,,13 lilt sr,gle iamfly address nb,ners s rd'Pll be 4 inches tall.The color of the numn is shall con- treat with the rotor of the bxhgrn.nd Identify each gas and electric,n e!s;r'.eth `­o n .jar at tria ur n.t Fire extinguishers must be irstalled pr,,! )m t r. n,fire extinguishers must be rucj7 hat r r ,p!q Tiro n In!mur ; ,r , rn.tinguishcr is 2A 10 C. ro!Inimum dlslributbn of ❑ Apartment housbs•mth 10 or ror .., !, 1 r 7 6;.0 t tray I sh.r n !; r:di,ig,,tah is equipped with aulomatfc fire prinkt<., , :.n u 1as,e ) b r c s ;,its(mrnas)Three stories rr mare in hekgild shall be '(71 All buildings,over5,C00 square f 2ef, ,r vacant over 385 days. " rQ I c r . ntid I'- '1r FA 1 nrdards. This includes existing buildings r Submit plans for t e rite tvc or JAJ Tenant improvements in as-.pr n 9 r) n:;: n >f ) per',it mqu!md. Provide fire alarm(requirederr-)h �„ ' Ptlrrot pn t-,rt al -nsbuchon.Permit required. ��r, Fire Department connection to [_ r - p Ire t 00. W )I.rst Ativon.Penn!I r•+quirr a. pd-p�/'Fire Code Permit required, ipoli ! ., , " ,n4.d al F!re O pai,.nem,^,-n;rod csrion. /LJP'FireSprinkler monitoring ecuaeJ. =. //�-__ p 9 'c .'',,Y'!",rh�ai,ranent iortn:he aanof znsWcfwn.Permit required. ❑ Occupant Load. - P' Note. The applicant must request,inra,ihn,t, Fire pchvrmar,rmTuiremenis. -~•rte AD 7IONAL INFORMATION: ��'aR�.a[-'/'„Ire _ Er�R��._—,I n , ZOO NtL�J RJi/11Et? �C7Y�1 - V✓ Vr � 1' OOMT _. - - ------- —. F'S rn!ninsi City of San Bernardino San Bernar STANDARD REQUIREMENTS REQUIREMENTS Development Services/Plan Check Division Property Address: n , /CU 0%-c�.� DATE: NOTE: NO PLANS WILL BE ACCEPTED FOR PLAN CHECK WITHOUT CONDITIONS OF APPROVAL IMPRINTED ON PLAN SHEETS. Submit 6 sets of plans, minimum size 18"a 24",drawn to scale. If plan check is for expeditious review, submit 6 sets. The plans shall include(if applicable): • SITE PLAN(include address & assessors parcel number) • FOUNDATION PLAN • FLOOR PLAN(label use of all areas) • ELEVATIONS • ELECTRICAL,MECHANICAL& PLUMBING PLANS • DETAIL SHEETS (structural) • CROSS SECTION DETAILS • SHOW COMPLIANCE WITH TITLE 24/ACCESSIBILITY(disabled areas) • PLAN CHECK DEPOSIT FEE WILL BE REQUIRED UPON SUBMITTAL OF PLANS. CALL DEVELOPMENT SERVICES (PLAN CHECK)FOR AMOUNT. NUMBER TO CALL: (909)384-5071 1. The title sheet of the plans must specify the occupancy classification, type of construction,if the building has sprinklers and the current applicable codes. 2. The person who prepares them must sign the plans. Also,provide the address and phone number of that person. Some types of occupancies require that the plans are prepared, stamped and signed by an architect, engineer or other person licensed by the State of California. 3. For structures that must include and engineers design,provide 2 sets of stamped/wet signed calculations prepared by a licensed architect/engineer. ft 300 N 'D'Street San Bernardino,CA 92418 (909)384-5071 Once (909)384-5080 Fax 1 4. Provide 2 sets of Title 24/Ever p P 24/Energy compliance farms and calculations. Some compliance forms are required to be printed on the plans. 5. Submit grading, site and/or landscape plans to Public Works/Engineering for plan check approval and permits. For more information, phone (909)384-5111. 6. Fire sprinklers plans, fire suppression system plans, etc. shall be submitted to the Fire Department for plan check approval and permits. For information, phone(909)384-5388. 7. Signs require a separate submittal to the Planning Division for plan check approval and permits. For information, phone(909)384-5057. 8. Restaurants, food preparation facilities and some health related occupancies will require clearances and approved plans from San Bernardino County Health Department. For information, phone(909) 387-0214. 9. Occupancies that include restaurants, car washes, automotive repair/auto body, dental offices, food preparation facilities or processing plants, etc. may require approvals and permits from San Bernardino Water Reclamation. For information,phone(909)384-5141. 10. An air quality permit may be required. Contact South Coast Air Quality -Manager: at Division for information at (909)396-2000. 11. State of California Business & Professions Code/Contractors License Law requires that permits can be issued to licensed contractors or owner-builders (that are doing the work). Contractors must provide their State License Number, a city business registration and workers compensation policy carrier and policy number. Owner-builders must provide proof of ownership. NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATELY 4-6 WEEKS FOR FIRST CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT CORRECTIONS. Comments: 2007 California Building Codes apply. Protected openings at property lines. Redo the area tabulations based on the 2007 CBC. Verify fire protection of exterior walls at rear/side PL. Provide details of construction. i 300 N 'D'Street San Bernardino,CA 92418 (909)384-5071 Office (909)384-5080 Fax i i City of San Bernardino Public Services Department Standard Development Requirements 300 North D Street - 4th Floor San Bernardino, CA 92418 COMMERCIAL&INDUSTRIAL DEVELOPMENT Collection Services 1. The collection or transportation of refuse, recyclable discards, or green waste from any commercial and industrial locations within the City shall be provided by the City of San Bernardino Public Services Department unless otherwise franchised or permitted. [MC§ 8.24.1401 2. New accounts require a completed Service Application, with a full deposit and a copy of manuals for all compactor units, returned to the City of San Bernardino Refuse&Recycling Division prior to issuance of the final Certificate of Occupancy. 3. Shared refuse and recycling services for multi-tenant commercial sites shall be billed to a single owner or property manager; leases shall include terms to accommodate sub-metered services. 4. All refuse containing garbage, such as food, vegetable, or animal wastes, shall be removed at least twice weekly, and all i other solid wastes shall be removed at least once weekly.[58 County Health,Sanitation and Animal Regulations§33.083] 5. All commercial establishments generating 6 cubic yards or more of solid waste per week shall establish City recycling services for maximum diversion within 30 days of opening business, gt establish an alternative diversion program to be identified in the IWM Survey for the project. Automated Cart Service to Nonresidential Facilities 6. Nonresidential establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic yards or less of non-bulky waste per week and are located on the same side of a residential block receiving automated cart service shall meet residential rather than commercial requirements. Service Vehicle Access Projects shall meet City Engineering requirements for commercial vehicle drive access along the main ingress to and egress from enclosures. These requirements shai/not iimitrequirementsforFire vehic%access B. Property without through access shall incorporate at least one of the following designs., • A cul-de-sac with a 40-foot turning radius for a 32-foot vehicle length • A hammerhead turn with a 40-foot turning radius for a 32-foot vehicle length Gated Access 9. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and 5 PM Monday through Saturday shall provide access code or key to Public Services Shared Collection Areas—Reciprocal Access 10. Front-load bin enclosures and roll-off compactor units may be shared across existing or proposed property lines if enclosures or equipment provide adequate capacity for anticipated refuse and recyclable materials generation, AND if Reciprocal Access for shared collection areas is recorded with the property. Roll-ofr Compactor Units 11. Sealed compactor units dedicated separately to refuse and recyclables may be required to be installed at facilities with an anticipated waste generation of 60 uncompacted cubic yards per week. 12. Roll-off compactor units must be installed according to manufacturer's and City Engineering specifications with the compactor hopper and roll-off box on a concrete slab with a minimum 3-foot continuously paved fe access 13. Roll-off boxes at locations receiving City service must meet City rail and hook specifications per City Engineering Standard 510. Boxes shall be designed with disposal end opposite hook-up; boxes with same-side design may be subject to a roll-back charge. 14. Compactor equipment shall be screened from view of public right-of-way by materials compatible with building architecture and landscaping as specified by City of San Bernardino Development Code. [MC§ 19.20.03012 I]] Location, orientation, and dimensions of enclosures, enclosure gates, pedestrian entry, compactor pads, and compactor screening, shall be shown on site plans and labeled that construction shall meet City Engineering Standards. MD/PS 6.27.2003 City of San Bernardino Public Services Department Standard Development Requirements Page 2 of 2 Existing Bin Enclosures 16. Existing bin enclosures must have minimum inside dimensions of 7'9"x 9'OR 15'x 4'5"to fit two 3CY bins. Existing enclosures must have block walls, inside bumper guards or curbing, and solid steel gates, OR enclosure(s) must be reconstructed to meet Engineering Standard 508. Enclosure may be relocated for best drive access and alignment plans subject to Public Services approval. /P/ease note if site wiz/generate 1Cyorless of so/id waste per week see Residential Collection options/ Front-load Bin Enclosures&Access 17. Minimum double-wide enclosures of 8 feet by 15 feet shall be required for all development to allow for dedicated recycling bins, except where potential waste generation or space is restricted. [Specifications adopted in accordance with Model Ordinance as required by CA PRC§4291 11 18. Front-load compactor units must be contained in an enclosure large enough to hold the unit and one additional bin facing lengthwise. 19. Front-load bin and compactor enclosures must be constructed according to City Engineering Standard 508. Rear or side pedestrian entry shall be provided on enclosures for all multi-unit residential development. Pedestrian entry on free-standing enclosures shall have a 4-foot width, no gate or door,and an'L'shaped block screen the same height of the enclosure. 20. Pedestrian access from building exit to bin enclosure shall be a minimum 4 feet wide and continuously paved, without crossing curbs,steps,or driveways. 21. Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surface water. 22. Enclosures must be at least 5'from combustible walls, eave lines,or openings. [98 CA Fire Code§ 1 103.2.21 ?3. Only refuse bins and the contents therein for disposal may be stored in refuse enclosures.All other equipment fixtures, and materials such as electrical panels, circulation or exhaust ducts or vents, grease bins, or surplus supplies are strictly prohibited. 24. Enclosures shall be buffered with landscaping when viewable from public right-of-way, and vegetation shall not restrict gates or exceed height of enclosure. Include vegetation on landscape plans. 25. Enclosures shall be located with gates aligned for straight access for service vehicles. 26. Enclosures shall not obstruct drive aisles, driveways, loading zones, parking, handicap access, or visibility of cross-tlbeing drive aisles, alleys, or streets. Location shall not cause service vehicle to block access drives during while bins serviced. 27. Enclosure gates shall not open into drive aisles, parking spaces, or walkways. Enclosures placed adjacent to parkinseparated by a minimum 2-foot wide curbed area out to the farthest point of both gates, and designed to safegates from opening into parking spaces or landscaped areas.. 28. Location, orientation, and dimensions of enclosures, enclosure gates, and pedestrian entry, shall be shown on site p labeled that construction shall meet City Engineering Standards. Multi-unit Dwellings 79. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved. 30. Disposal chutes incorporated into multi-story buildings must have dedicated chutes for refuse & commingled recyclables. Both chutes shall be clearly and permanently labeled at each chute opening and exit. [Specifications adopted in accordance with Model Ordinance as required by CA PRC§4291 1] I MD/PS 6.27 2003 l z CITY OF SAN BERNA"INO PLANNING COMMISSION FINDINGS AND CONCLUSION OF THE COMMISSION IN THE :MATTER OF CONDITIONAL USE PERMIT NO. 08-21 Proposed for adoption at regular meeting of November 5, 2008 (Matter continued from regular meeting of October 16, 2008 for adoption of findings) FINDINGS AND CONCLUSION Based on the evidence presented at the public hearing and the written record consisting of the materials submitted by the applicant, City staff, and members of the public, the Commission finds: 1. BACKGROUND FACTS 1.1 The applicant seeks a Conditional Use Permit for an Adult Education, Employment and Residential Center. The applicant states that the occupants of the facility would be homeless individuals. ® 1.2 Abutting the proposed project site to the north, west, and south of the site are residential properties in the Residential Medium land use district. Directly across the street from the site are single-family residences in the Residential Medium-High district. 1.3 There are currently ten existing homeless shelters in the City of San Bernardino and two more under construction. Existing facilities provide 265 beds. Space for another 164 beds is under construction. 1.4 On October 20, 2008, the Mayor and Common Council of the City of San Bernardino enacted an urgency ordinance establishing within the City the Emergency Shelter Overlay District. The Overlay District consists of a designated area within the Industrial Light land use district in which emergency shelters are allowed as a permitted use without a conditional use permit or other discretionary permit. 2. PROJECT REVIEW STANDARDS The applicant asserted before the Planning Commission that its proposed project was required to be reviewed under the provisions of California Government Code section 65589.5, subdivision (d). Those provisions limit the ability of a local agency to deny approval for a proposed"emergency shelter." 1 The Commission finds that the proposed project, described by the applicant as an Adult Education, Employment and Residential Center(AEERC), does not share the characteristics of an emergency shelter as set forth in California Government Code section 65582 and California Health and Safety Code sections 50801 and 50801.5, in that: �j 2.1 Spaces at the AEERC would not be filled on a first-come-first-served basis, by admitting any person needing emergency shelter who requested admission. Instead, prospective residents would be required to have a referral source to enroll at the facility. In addition, potential residents would be screened for suitability based on their ability to benefit from an intensive training program. 2.2 The AEERC would not provide minimal supportive services for homeless persons, but would instead require participation in a full curriculum of educational activities for which not all individuals seeking emergency shelter would qualify. 2.3 Occupancy of the AEERC would not necessarily be limited to six months but rather, according to the applicant, an extension could be allowed, on case by case basis. 3. PUBLIC SAFETY CONCERNS 3.1 The Commission finds that it is likely that many or all of the occupants of the AEERC would be individuals on parole or probation. The San Bernardino Police Department advised the Commission that the resident population of the applicant's similar facility in the Riverside area consisted entirely of parolees and probationers. 3.2 The Commission further finds that there is already a high concentration of parolees/probationers in the area of the proposed project, which along with other conditions makes it difficult for the Police Department to service the area. The Commission finds that the applicant was asked whether it would consider excluding parolees/probationers or limiting their number at the proposed facility, but the applicant was unable or unwilling to do so. 3.3 The Commission finds that past experience with parolee/probationer housing facilities in the City has been unsatisfactory. From August 1998 to May 2001, a 24-unit facility operated on North H Street. The concentration of parolees/probationers resulted in an extreme number of calls for service that forced the Police Department, in conjunction with Code Enforcement and other elements of the City, to shut down the facility in the interest of public safety. From 1999 to 2002, a 14-unit apartment parolee/probationer facility operated on North H Street. As a result of an' extremely high incidence of calls for service associated with parolees, the Police Department eventually shut that facility down as well. 3.4 In view of this prior experience, the Commission has concerns regarding security at the proposed facility if, as appears to be the case, all or a substantial portion of the residents would be parolees/probationers. The Commission finds that these concerns have not been adequately addressed. In particular, the applicant did not provide any specificity as to what security training it would give personnel in charge of managing the facility. 3.5 The Commission also has concerns regarding the applicant's procedures for discharging residents, which concerns the Commission finds have not been adequately addressed. The applicant stated that if a resident of the proposed facility were under the influence of a mind altering substance not prescribed, the person would be given a referral for shelter for the night and asked to leave the facility immediately. There was no mention of any intent to contact the Police Department in that event. The Commission is concerned that this situation could lead to the release of a dangerous individual into the community without the Police Department's knowledge. 3.6 The Commission finds that security concerns raised by the potential for unsupervised release of facility residents into the community have not been adequately addressed. The applicant stated that it planned to maintain a day laborer program, but there was no indication of whether the facility would allow residents out on the street unsupervised to permit them to get day jobs. 4. LAND USE CONFLICTS The Commission finds that adverse impacts on neighboring land uses would result from approval of the project that could not be avoided with the adoption of the ameliorative measures the applicant was able and willing to adopt. The most notable of these impacts would be the effect of the ro'ect on p ) Option House, a women's shelter for victims of domestic violence, and on the planned Lincoln H Elementary School. 4.1 Option House was the first domestic violence shelter in California and has been at its location for 26 years. The facility is located in close proximity to the proposed project site. It maintains 32 beds, not counting cribs. Victims of domestic violence sometimes are placed at Option House the same evening they report being abused, at a time when they are particularly fragile. 4.2 Option House is the only domestic violence shelter located in the central San Bernardino Valley region. The Commission finds that if facility that might be housing domestic abusers were located in close proximity to Option House, domestic violence victims in the central Valley region might be discouraged from turning to Option House. 4.3 Women residing at Option House who have employment or are students must continue to attend work or school. In addition, other Option House residents must leave the facility from time to time to attend to daily affairs. Due to the proximity of Option House to the proposed project site, if the project were approved Option House residents would have occasion to walk by the AEERC. The Commission finds that the possibility that perpetrators of domestic violence, and potentially the actual perpetrator of violence against an Option House resident, 3 i could be residing in close proximity would increase fear in the Option House residents and interfere with their free enjoyment of the shelter and its environs. . 4.4 According to the applicant's Chief Operations Officer, among the training programs offered at the AEERC would be anger management and domestic violence training. In addition, the applicant stated it would not conduct criminal history checks on prospective residents who are on parole or probation. The Commission finds, therefore, that it appears the AEERC would accept residents with a history of domestic violence. 4.5 The proposed project site is located about 150 feet from the site of the planned Lincoln II Elementary School. The school is planned to begin operation in 2011. The Commission finds that undesirable contacts between students walking by the facility and residents of the facility likely would occur. 4.6 The applicant proposed that it mitigate the impacts of the project on the school by agreeing to relocate the AEERC after two years, when the school is expected to open, and to replace the AEERC at that time with a use that would complement the school, such as providing youth-oriented educational programs. However, the applicant never specified what the subsequent use would be, what would happen if the planned subsequent use proved infeasible at the end of the two years, or what would happen if the property were sold. The Commission finds that without specific information on these points, the proposal that a limited-term conditional use permit be granted cannot adequately be considered. The Commission further finds that a limited- term conditional use permit, even if followed by an appropriate subsequent use, would not mitigate the immediate conflicts with the neighboring land uses that would exist if the proposed project were approved. 5. ZONING AND GENERAL PLAN CONFLICTS 5.1 The Commission finds that the proposed AEERC would be inconsistent with both the City's zoning ordinance(Development Code) and its General Plan, as they existed on the date the project application for CUP No. 08-21 was deemed complete, May 27, 2008. 5.2 Section 19.04.030(2)(T) of the Development Code requires social services to conform to the residential density standard of the underlying land use designation, and to have a level of intensity compatible with the residential district surrounding the site. As originally proposed, the project was to accommodate 56 residents. After consultation with staff, the applicant agreed to reduce the number of residents to 36. However, even that number would be at the extreme high end of the density allowed for the land use district, and would be the equivalent of assuming the maximum permitted number of dwellings on the %z-acre site (6), each with the maximum number of assumed residents per dwelling (6). The actual intensity of the use would be even greater, given the staffing requirements and the non-residential activity that would occur at the site on a daily basis. 4 5.3 Furthermore, Section 19.04.030(2)(T)(9) of the Development Code requires a one-acre minimum site area to establish a social service in a residential land use district. The Commission finds that the %:- acre project site does not conform to this standard of the zoning ordinance. 5.4 The Commission further finds that the proposed project would not be consistent with the General Plan in that, for the reasons noted above, the proposed project would alter the character of the surrounding neighborhood. Existing homes in the immediate vicinity of the proposed project are single-family residences. The Commission finds that introduction of a social services facility with a dense residential component would conflict with General Plan Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding land uses." General Plan Policy 2.2.10 provides: "The protection of the quality of life shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public." 6. CONCLUSION For the reasons previously noted, the Commission finds that the proposed project would impair the integrity and character of the surrounding residential neighborhood where the project is proposed. Therefore, the Commission concludes that the necessary findings to approve Conditional Use Permit No. 08-21 cannot be made. 5 r EXHIBIT 2 REVISED FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT NO. 08-21 I. BACKGROUND FACTS A. The Applicant is a for-profit organization headquartered in Carson, California and engaged in the business of providing employment preparation, vocational training, and job placement for individuals facing extraordinary challenges to re-entering the workplace. The Applicant manages and operates homeless residential centers throughout California, serving veterans, persons with disabilities, and persons on parole or probation. B. The Applicant is being represented in this appeal without charge by attorneys from the Los Angeles office of Sidley Austin LLP, a multinational firm of more than 1,800 attorneys. The Applicant is also receiving free legal assistance from Public Counsel Law Center, a non-profit public interest law firm located in Los Angeles. C. In this appeal, the Applicant seeks review of the Planning Commission's denial of a Conditional Use Permit (CUP) for an Adult Education, Employment and Residential Center (AEERC). The Applicant states that the occupants of the facility would be homeless individuals. D. Abutting the proposed project site to the north,west, and south of the site are residential properties in the Residential Medium land use district. Directly across the street from the site and to the east are single-family residences in the Residential Medium-High district. E. A domestic violence shelter, Option House, is located in close proximity to the site. Option House was the first domestic violence shelter in California and has been at its location for 26 years. Option House is the only domestic violence shelter located in the central San Bernardino Valley region. It maintains 32 beds, not counting cribs. F. Victims of domestic violence sometimes are placed at Option House the same evening they report being abused, at a time when they are particularly fragile. Women residing at Option House who have employment or are students must continue to attend work or school. In addition, all Option House residents must leave the facility from time to time to attend to daily affairs. Leaving the facility may require Option House residents to walk directly by the proposed project site. II. PROJECT REVIEW STANDARDS A. The proposed use is conditionally permitted within the subject land use district. As described by the Applicant, the proposed project is an emergency homeless shelter, which is permitted in the RM, Residential Medium density land use district, subject to approval of a Conditional Use Permit. Operated in accordance with the approved Conditions, the project would satisfy the criteria for an emergency shelter as set forth in California Government Code section 65582 and California Health and Safety Code sections 50801 and 50801.5, including the requirements that shelter be provided on a first-come-first-served basis for six months or less, and that no individual or household be denied emergency shelter because of an inability to pay. 4p,mdc1,T-f4 N4. 3() fo/sJ61 B. Operated in accordance with the approved Conditions and the management plans with which the Applicant has represented it will comply,the proposed project will not impair the integrity and character of the subject land use district, and will comply with all of the applicable provisions of the Development Code. The security and anonymity of Option House are vital to the integrity of the existing neighborhood, as it is the only domestic violence shelter of its kind in a wide geographical area. The Conditions are designed to preserve Option House's security and anonymity by screening proposed residents of the facility to exclude or limit those with significant criminal histories,who might pose a threat to those values if housed in such close proximity. These requirements are deemed necessary to protect those values based on the statements of representatives of Option House that the close proximity of a facility with residents having significant criminal histories would adversely affect Option House's operation by deterring new or existing clients from staying there, and by requiring that Option House, a nonprofit organization, expend additional funds for enhanced on-site security personnel and equipment. C. The proposed use is consistent with the General Plan. General Plan Goal 3.4, "Assist the provision of housing for residents with special needs,"is partially implemented by Policy 3.4.7, which says"Permit shelters for the homeless and transitional housing by Conditional Use Permit in all multi-family zones designated RM or greater, and downtown in areas designated CR-2." Since adopting Policy 3.4.7, the Council has gone further to also permit emergency shelters in the IL, Industrial light land use district subject to a CUP, and by creating the Emergency Shelter Overlay District, where emergency shelters are permitted through a non- discretionary permit process. Approval of CUP No. 08-21 to provide an emergency shelter in the RM land use district is consistent with the cited goal and policy of the General Plan. D. Approval of a Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and Section 19.20.030(6) of the Development Code. Development of the proposed project is exempt from review requirements of CEQA under Section 15301 for minor alterations to existing facilities. The Development/Environmental Review Committee (D/ERC) evaluated the project site and development plans to confirm that the CEQA exemption is applicable, in compliance with procedures set forth in Section 19.20.030(6) of the Development Code. E. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. No potentially significant physical impacts on the environment or on natural resources were identified by the D/ERC in the review of the proposed project. The project site is already developed in an urbanized area served by the necessary infrastructure, utilities and public services. Utilization of the site for the proposed use would not create a significant effect on natural resources or the environment. F. The location, size, and design of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise or traffic in the vicinity. The location, size and design of the proposed project are adequate to accommodate the proposed use, an emergency shelter for the homeless, with minimal improvements to the existing structure and the project site. 2 G. The project will not create impacts adverse to the public safety or welfare of the residents of the City if it is conditioned as follows: 1. Conditions of approval will include a sunset clause proposed by the Applicant that will require the Applicant to cease operations and convert the facility to a use appropriate to address the School District's needs and consistent with the City's General Plan and Development Code,prior to occupancy of Lincoln II Elementary School, planned for construction at the southwest corner of Sierra Way and 8th Street. 2. Conditions of approval will prohibit residency of individuals who have been convicted of violent crimes, including domestic violence offenses, and also prohibit the disclosure to residents of the facility of the location or clientele of Option House, which could be detrimental to the continued operation of Option House. 3. Conditions of approval will limit the percentage of residents who are on felony parole or probation to the same percentage as is permitted in single-family group homes within the City. Compliance with that requirement will protect public safety by avoiding the crime problems that accompany housing developments occupied by a high concentration of parolees and/or probationers. a. California's recidivism rate, as measured by the return-to-prison rate, is 66 percent, compared to a 40 percent national average. (Grattet, Petersilia, Lin, Beckman, Parole Violations and Revocations in California: Analysis and Suggestions for Action Federal Probation(June 2009) Volume 73, Number 1.) There is already a high concentration of parolees in the area of the proposed project, which along with other conditions makes it hard for the Police Department to service the area. b. Past experience with parolee/probationer housing facilities in the City has been unsatisfactory. From August 1998 to May 2001, a 24-unit facility operated on North H Street. The concentration of parolees/probationers resulted in an extreme number of calls for service that forced the Police Department, in conjunction with Code Enforcement and other elements of the City, to shut down the facility in the interest of public safety. From 1999 to 2002, a 14-unit apartment parolee/probationer facility operated on North H Street. As a result of an extremely high incidence of calls for service associated with parolees, the Department eventually shut that facility down as well. C. Conditions requiring exclusion of residents based on criminal history have been tailored to require only exclusion of those with relatively serious histories due to the Applicant's representation that much of the homeless population it seeks to serve will include individuals who have criminal histories only because, due to their homeless status, they have been convicted of status offenses, such as vagrancy, or similar relatively less serious offenses. In seeking to protect the security and integrity of the neighborhood, it is not the purpose of the City to exclude homeless individuals whose criminal histories are not such as to pose a significant threat to those values. H. The subject site is physically suitable for the type and density/intensity of use being proposed. The proposed emergency shelter use would occupy an existing structure with a density of residential occupancy comparable to multi-family residential uses permitted in the 3 RM,Residential Medium land use district. No major alterations to the existing structure or site improvements would be required to accommodate the proposed use. Therefore, the site is physically suitable for the emergency shelter proposed by CUP No. 08-21. I. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. The site is located in an urbanized area and is already developed with a 6,747 square foot building and parking improvements. A full range of utilities and public services are available to serve the site. Conditions of approval are proposed to protect the anonymity of the Option House domestic violence shelter and to protect Option House residents from inadvertent contact with their batterers or acquaintances of their batterers. This requirement, combined with other conditions of approval discussed in these findings will help minimize potential adverse impacts on public health and safety. 4 EXHIBIT 3 REVISED CONDITIONS OF APPROVAL Conditional Use Permit No.08-21 1. This approval is for conversion of an existing 6,747 square foot church building into an emergency shelter to house homeless persons. As previously proposed by the Applicant, a maximum of 36 homeless persons shall occupy the shelter at any time, each of whom may reside at the facility for up to six months. The project site is located at 840 North Sierra Way, in the RM, Residential Medium Land use district. The facility shall be staffed 24-hours per day, but site activities shall be limited during the hours from 10:00 p.m. to 7:00 a.m., to be compatible with the surrounding residential neighborhood. 2. Within two years of this approval, all necessary building permits shall be obtained and commencement of work/construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of work/construction, the work/construction is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits shall be obtained prior to commencement of specified construction activities included in the Conditions of Approval and Standard Requirements. Expiration Date for Lack of Action: September 21,2011 3. The review authority may grant a one-time extension, for good cause, not to exceed 12 months. The Applicant must file an application, the processing fees, and all required plans and application materials 30 days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code requirements in effect at the time of the extension request. 4. As previously proposed by the Applicant, this approval shall automatically expire upon completion of the construction of Lincoln II Elementary School, planned for construction at the southwest corner of Sierra Way and 8`h Street. At that time, the shelter shall be vacated and the facility shall be converted to a use appropriate to address the School District's needs and consistent with the City's General Plan and Development Code. The Applicant shall execute all documents necessary to give legal effect to this condition. 5. In the event that this approval is legally challenged, the City will promptly notify the Applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the Applicant agrees to defend, indemnify, and hold harmless the City, the Economic Development Agency,the Redevelopment Agency, their affiliates, officers, agents and employees from any claim, action or proceeding arising out of this approval against the City of San Bernardino. The Applicant, in agreeing to defend any such action, is deemed to take the lead in such litigation and may choose defense counsel. The Applicant further agrees to reimburse the City, the Redevelopment Agency and the Economic Development Agency for any costs and attorneys' fees which the City, the Redevelopment Agency or the Economic Development Agency may be required by a court to pay as a result of such action, but such participation shall not relieve the Applicant of his or her obligation under this GWJ -rl 'm No 30 FAEMPEN0\Human PotentlahCondltims HPC-Exhibit 3-final.doc 10/05/09 /O(S10 9 CUP No. 08-11 Conditions of Approval MCC 1015109 Page 1 condition. In the event that a defense is not provided by the Applicant, the Applicant agrees to indemnify and reimburse the City, the Redevelopment Agency and the Economic Development Agency for any reasonable attorneys' fees and costs in defending such action. condition shall remain in effect if this Conditional Use Permit is rescinded or revoked, whether or not at the request of Applicant. 6. In furtherance of the Applicant's stated intent that the facility serve the needs of the homeless population of the City of San Bernardino, residence at the facility shall be limited to homeless persons who resided in the City of San Bernardino immediately prior to becoming homeless. 7. The facility shall provide emergency shelter services for homeless persons on a first-come- first-served basis for six months or less. In accordance with Health and Safety Code Section 50801(e), no individual or household shall be denied emergency shelter at the facility because of an inability to pay. 8. The facility shall provide emergency shelter to homeless persons referred by the San Bernardino Police Department, including but not limited to homeless veterans, the mentally ill, or persons with a history of substance abuse, or domestic violence victims, unless there is no unfilled bed at the facility at the time the referral is made. 9. A total of no more than six persons who are on felony parole or felony probation shall reside at the facility at any one time, except when reasonable accommodation has been applied for and granted as provided in Development Code Section 19.06.027(C). "Persons who are on felony parole or felony probation" include: a. Any individual who has been convicted of a federal felony and sentenced to a term of supervised probation or sentenced to a term of imprisonment in a federal prison, and granted conditional and revocable release into the community under the supervision of a federal parole officer. b. Any individual who has been convicted of a state felony and sentenced to a term of supervised probation or sentenced to a term of imprisonment in county jail or in a state prison and who is serving a period of supervised community custody, as defined in California Penal Code section 3000, and is under the jurisdiction of the California Department of Corrections and Rehabilitation, Division of Adult Parole Operations or Division of Juvenile Justice. c. An adult or juvenile sentenced to a term in the California Youth Authority for a felony and who has received conditional and revocable release into the community under the supervision of a Youth Authority Parole Officer. 10. The facility shall not admit any person convicted of a "violent felony" as defined in California Penal Code section 667.5, subdivision (c) or a "serious felony" as defined in California Penal Code section 1192.7, subdivision(c). CUP No. 08-21 Conditions of Approval MCC 1015109 Page 3 11. The facility shall not admit any person convicted within the last five (5) years of a violation of California Penal Code section 273a, subdivision (a); section 273ab; section 273d; or section 273.5. 12. The facility shall not admit any person who is required to register pursuant to the Sex Offender Registration Act, California Penal Code sections 290—290.023, inclusive. 13. The facility shall not admit any person who, within the last five (5) years, has been required to participate in or to complete a batterer's program pursuant to California Penal Code section 3053.2, subdivision (b). 14. The facility shall not admit any person who has committed, or is alleged to have committed, an act of violence against an individual housed at Option House, Inc. If at any time the Applicant is notified or becomes aware that such a person is residing at the facility, the Applicant shall immediately provide a referral to that person to another facility and assist in the transfer. The Applicant shall not disclose to the person who is required to leave that exclusion is required because of the presence of Option House or the victim who is housed there. 15. Neither the Applicant nor the facility staff shall at any time disclose the location of Option House or the name or location of any resident of Option House to any person, including but not limited to any prospective, current, or former resident or staff member of the facility, except as may be required by law. 16. The facility shall provide the San Bernardino Police Department with an up-to-date list of the names, dates of birth, and identifying information of all residents of the facility at all times, on a weekly basis and within twenty-four (24) hours of a new resident being admitted. The Applicant shall cooperate with the San Bernardino Police Department in identifying facility residents who are on probation, parole, or have Fourth Amendment waivers or outstanding warrants, and, when warranted under the law, provide officers with access to those residents and their living spaces. 17. The Applicant shall provide the San Bernardino Police Department with access to the sign-in and sign-out records maintained by the facility upon request. 18. The Applicant shall provide a security plan for the facility which shall be reviewed by the San Bernardino Police Department prior to occupancy of the facility. The security plan shall include qualifications and training of security personnel, control of residents' presence in or absence from the facility, security devices and curfew hours. The security plan shall also include procedures for facility staff to follow in the event of a disturbance that may require expulsion of a shelter resident and/or a call for emergency services. The facility shall have at least one staff member at the facility at all times whose sole duty shall be to maintain security at the facility. 19. As previously proposed by the Applicant, the new staff of the facility shall consist of residents of the City of San Bernardino, except in cases where there is no resident of the City CUP No. 08-11 Conditions of Approval MCC 1015109 Page 4 of San Bernardino available and qualified for the position to be filled. 20. When facility staff prepare a Contraband Report after discovering contraband (for example, illegal drugs or weapons) on a facility resident, a copy of the report shall be provided to the San Bernardino Police Department. 21. Signs are not approved as a part of this permit. If the Applicant desires signage, a separate application is required for approval of a sign permit by the Planning Division, subject to the sign regulations of the Development Code for residential districts. 22. Residents of the facility shall not park or access private vehicles at the facility. 23. All exterior lighting shall be energy efficient and shielded as necessary to prevent glare on neighboring properties. 24. Any future proposal to modify the architectural design, the color of the building or other exterior finish materials shall be submitted for review and approval by the Planning Division prior to commencement of work. 25. Outside displays and/or storage shall be prohibited. 26. The applicant shall be responsible for regular maintenance of the project site. Vandalism, graffiti,trash and other debris shall be removed and cleaned up within 24 hours. 27. Any security bars or security doors shall be installed on the inside of the structure only. Video surveillance equipment installed or used on the exterior shall be painted to match the structure, or treated to blend with the architecture. 28. The applicant shall construct a 6-foot wrought iron fence around the perimeter of the site. 29. The site improvement plans shall be in substantial conformance with Conditional Use Permit No. 08-21 approved by the Mayor and Common Council. Minor modifications to the plan(s) shall be subject to approval by the Director of Development Services through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable site design considerations shall require the re-filing of the original application and a subsequent hearing by the appropriate review authority if applicable: a. On-site circulation and landscaping. b. Placement and/or height of walls, fences and structures. c. Minor lot line adjustments, provided the lot area of each approved lot shall not be reduced below the minimum lot area permitted in the Development Code. d. A reduction in density, intensity or number of lots of a development project. e. Reconfiguration of architectural features, including colors, and/or modification of the finished materials that do not alter or compromise the previously approved theme. 30. This permit or approval is subject to all the applicable provisions of the Development CUP No. 08-11 Conditions of Approval MCC 1015109 Page 5 Code in effect at the time of approval. This includes Chapter 19.20 - Property Development Standards, and includes: dust control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lightning design and control; noise control; odor control; screening; signs, off-street parking and off-street loading; and vibration control. 31. Plans submitted for plan check (building plans, site improvements, landscaping, etc.) to the Building Division and/or Public Works/Engineering shall include all Conditions of Approval and Standard Requirements issued with the Planning approval printed on the plans. 32. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied, nor any change of use of land or structure(s) shall be inaugurated, nor any new business authorized by this permit commenced until a Certificate of Occupancy has been issued by the Development Services Department. A temporary Certificate of Occupancy may be issued by the Development Services Department subject to the conditions imposed on the use,provided that the Building Official authorizes occupancy of the structure and a deposit is filed with the Development Services Department to guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this permit. 33. No final Certificate of Occupancy shall be issued until the Applicant has complied with all conditions of approval related to construction and site improvements. 34. This permit approval is also subject to the attached conditions or standard requirements of the following City Departments or Divisions or other public agencies: a. Public Works Division b. Water Department C. Fire Department d. Building Division Plan Check e. Public Services Department 35. Prior to issuance of any building permits, the Applicant shall provide the Development Services Department with a written, notarized statement signed by the current property owner authorizing the Applicant's use of the premises. - End of Planning Division Conditions of Approval - EXHIBIT 3 Strike-out version REVISED CONDITIONS OF APPROVAL Conditional Use Permit No.08-21 1. This approval is for conversion of an existing 6,747 square foot church building into an emergency shelter to house homeless persons. As previously proposed by the Applicant, a maximum of 36 homeless persons shall occupy the shelter at any time, each of whom may reside at the facility for up to six months. The project site is located at 840 North Sierra Way, in the RM, Residential Medium Land use district. The facility shall be staffed 24-hours per day, but site activities shall be limited during the hours from 10:00 p.m. to 7:00 a.m., to be compatible with the surrounding residential neighborhood. 2. Within two years of this approval, all necessary building permits shall be obtained and commencement of work/construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of work/construction, the work/construction is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits shall be obtained prior to commencement of specified construction activities included in the Conditions of Approval and Standard Requirements. Expiration Date for Lack of Action: September 21,2011 3. The review authority may grant a one-time extension, for good cause, not to exceed 12 months. The Applicant must file an application, the processing fees, and all required plans and application materials 30 days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code requirements in effect at the time of the extension request. 4. As previously proposed by the Applicant, this approval shall automatically expire upon completion of the construction of Lincoln II Elementary School, planned for construction at the southwest corner of Sierra Way and 8`s Street. At that time, the shelter shall be vacated and the facility shall be converted to a use appropriate to address the School District's needs and consistent with the City's General Plan and Development Code. use, eompatible with the new seheel,.- The Applicant shall execute all documents necessary to give legal effect to this condition. 5. In the event that this approval is legally challenged, the City will promptly notify the Applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the Applicant agrees to defend, indemnify, and hold harmless the City, the Economic Development Agency, the Redevelopment Agency, their affiliates, officers, agents and employees from any claim, action or proceeding arising out of this approval against the City of San Bernardino. The Applicant in agreeing to defend any such action is deemed to take the lead in such litigation and may choose defense counsel. The Applicant further agrees to reimburse the City, the Redevelopment Agency andOF the Economic Development Agency for any costs and attorneys' fees which the City, the Redevelopment Agency or the Economic Development Agency may be required by a court to pay as a result of such action, F:\EMPENO\lluman Potential\Conditions HPC-Exhibit 3-sfrikeout.doc 10/05/09 � F" �^'^I"I K� sO CUP No. 08-21 Conditions ofApproval MCC 1015109 Page 2 but such participation shall not relieve the Applicant of his or her obligation under this condition. In the event that a defense is not provided by the Applicant. the Applicant agrees to indemnify and reimburse the City. the Redevelopment Agency and the Economic Development Agency for any reasonable attorneys' fees and costs in defending such action. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorney's fees" for the purpose of this condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Conditional Use Permit is rescinded or revoked,whether or not at the request of Applicant. 6. In furtherance of the Applicant's stated intent that the facility serve the needs of the homeless population of the City of San Bernardino, residence at the facility shall be limited to homeless persons who resided in the City of San Bernardino immediately prior to becoming homeless. 7. The facility shall provide emergency shelter services for homeless persons on a first-come- first-served basis for six months or less. a established by the c°"''° In accordance with Health and Safety Code Section 50801(e). Nno individual or household shall be denied emergency shelter at the facility because of an inability to pay. 8. The facility shall provide emergency shelter to homeless persons referred by the San Bernardino Police dDepartment, including but not limited to homeless veterans, the mentally ill or persons with a history of substance abuse_ or domestic violence victims_ unless there is no unfilled bed at the facility at the time the referral is made. 9. A total of no more than six persons who are on felony parole or felony probation shall reside at the facility at any one time, except when reasonable accommodation has been ap lien d for and granted as provided in Development Code Section 19 06 027(C). "Persons who are on felony parole or felony probation" include: a. Any individual who has been convicted of a federal felonyeFirne-and sentenced to a term of supervised probation or sentenced to a term of imprisonment in a federal prison, and granted conditional and revocable release into the community under the supervision of a federal parole officer. b. Any individual who has been convicted of a state felonyeFime and sentenced to a term of supervised probation or sentenced to a term of imprisonment in county jail or in a state prison and who is serving a period of supervised community custody, as defined in California Penal Code section 3000, and is under the jurisdiction of the California Department of Corrections and Rehabilitation, Division of Adult Parole Operations or Division of Juvenile Justice. c. An adult or juvenile sentenced to a term in the California Youth Authority for a felony and who has received conditional and revocable release into the community under the supervision of a Youth Authority Parole Officer. CUP No. 08-21 Conditions ofApproval MCC 1015109 Page 3 10. The facility shall not admit any person convicted of a "violent felony" as defined in California Penal Code section 667.5, subdivision (c) or a "serious felony" as defined in California Penal Code section 1192.7, subdivision(c). 11. The facility shall not admit any person convicted within the last five (5) years of a violation of California Penal Code section 273x, subdivision (a); section 273ab; section 273d; or section 273.5. 12. The facility shall not admit any person who is required to register pursuant to the Sex Offender Registration Act, California Penal Code sections 290—290.023, inclusive. 13. The facility shall not admit any person who, within the last five (5) years, has been—is required to participate in or to complete a batterer's program pursuant to California Penal Code section 3053.2, subdivision(b). 14. The facility shall not admit any person who has committed, or is alleged to have committed, an act of violence against an individual housed at Option House, Inc. If at any time the Applicant is notified or becomes aware that such a person is residing at the facility, the Applicant shall immediately provide a referral to that person to another facility and assist in the trans£ . The Applicant shall not disclose to the person who is required to leave that exclusion is required because of the presence of Option House or the victim who is housed there. 15. Neither the Applicant nor the facility staff shall at any time disclose the location of Option House or the name or location of any resident of Option House to any person, including but not limited to any prospective, current, or former resident or staff member of the facility, except as may be required by law. 16. The facility shall provide the San Bernardino Police Department with an up-to-date list of the names, dates of birth, and identifying information of all residents of the facility at all times, on a weekly basis and within twenty-four (24) hours of a new resident being admitte [whenever a new ....silent is admitt°a. The Applicant shall cooperate with the San Bernardino Police Department in identifying facility residents who are on probation, parole, or have Fourth Amendment waivers or outstanding warrants, and, when warranted under the law, provide officers with access to those residents and their living spaces. 17. The Applicant shall provide the San Bernardino Police Department with access to the sign-in and sign-out records maintained by the facility upon request. 18. The Applicant shall provide a security plan for the facility which shall be reviewedappreved by the San Bernardino Police Department prior to occupancy of the facility. Appreval shall The security plan shall include qualifications and training of security personnel, control of residents' presence in or absence from the facility, security devices and curfew hours. The security plan shall also include procedures for facility staff to follow in the event of a disturbance that may require expulsion of a shelter resident and/or a call for emergency services. The facility shall have at least one CUP No. 08-21 Conditions of Approval MCC 1015109 Page 4 staff member at the facility at all times whose sole duty shall be to maintain security at the facility. 19. As previously proposed by the Applicant, the new of the facility shall consist of residents of the City of San Bernardino, except in cases where there is no resident of the City of San Bernardino available and qualified for the position to be filled. 20. When facility staff prepare a Contraband Report after discovering contraband (for example, illegal drugs or weapons) on a facility resident, a copy of the report shall be provided to the San Bernardino Police Department. 21. Signs are not approved as a part of this permit. If the Applicant desires signage, a separate application is required for approval of a sign permit by the Planning Division, subject to the sign regulations of the Development Code for residential districts. 22. Residents of the facility shall not park or access private vehicles at the facility. 23. All exterior lighting shall be energy efficient and shielded as necessary to prevent glare on neighboring properties. 24. Any future proposal to modify the architectural design, the color of the building or other exterior finish materials shall be submitted for review and approval by the Planning Division prior to commencement of work. 25. Outside displays and/or storage shall be prohibited. 26. The applicant shall be responsible for regular maintenance of the project site. Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 24 hours. 27. Any security bars or security doors shall be installed on the inside of the structure only. Video surveillance equipment installed or used on the exterior shall be painted to match the structure, or treated to blend with the architecture. 28. The applicant shall construct a 6-foot wrought iron fence around the perimeter of the site. 29. The site improvement plans shall be in substantial conformance with Conditional Use Permit No. 08-21 approved by the Mayor and Common Council. Minor modifications to the plan(s) shall be subject to approval by the Director of Development Services through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable site design considerations shall require the re-filing of the original application and a subsequent hearing by the appropriate review authority if applicable: a. On-site circulation and landscaping. b. Placement and/or height of walls, fences and structures. c. Minor lot line adjustments, provided the lot area of each approved lot shall not be reduced below the minimum lot area permitted in the Development Code. I CUP No 08-21 Conditions ofApproval MCC 1015109 Page 5 d. A reduction in density, intensity or number of lots of a development project. e. Reconfiguration of architectural features, including colors, and/or modification of the finished materials that do not alter or compromise the previously approved theme. 30. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 - Property Development Standards, and includes: dust control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lightning design and control; noise control; odor control; screening; signs, off-street parking and off-street loading; and vibration control. 31. Plans submitted for plan check (building plans, site improvements, landscaping, etc.) to the Building Division and/or Public Works/Engineering shall include all Conditions of Approval and Standard Requirements issued with the Planning approval printed on the plans. 32. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied, nor any change of use of land or structure(s) shall be inaugurated, nor any new business authorized by this permit commenced until a Certificate of Occupancy has been issued by the Development Services Department. A temporary Certificate of Occupancy may be issued by the Development Services Department subject to the conditions imposed on the use, provided that the Building Official authorizes occupancy of the structure and a deposit is filed with the Development Services Department to guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this permit. 33. No final Certificate of Occupancy shall be issued until the Applicant has complied with all conditions of approval related to construction and site improvements. 34. This permit approval is also subject to the attached conditions or standard requirements of the following City Departments or Divisions or other public agencies: a. Public Works Division b. Water Department C. Fire Department d. Building Division Plan Check e. Public Services Department 35 Prior to issuance of aLny building permits the Applicant shall provide the Development Services DMartment with a written. notarized statement signed by the current property owner authorizing the Applicant's use of the premises. - End of Planning Division Conditions of Approval - � -_3o r/ � 1 OFFICE OF THE CITY CLERK 3 RAccHEL G.CLARx-Cmr CLERK 300 North"D"Street•San Bernardino•CA 92418-0001 909.384.5002•Fax: 909.384.5158 wwwsbcity.org "Rervar October 6, 2009 Dr. Garnett Newcombe, CEO Human Potential Consultants, LLC 500 E. Carson Plaza Drive, Suite 127 Carson, CA 90746 Dear Dr. Newcombe: At the meeting of the Mayor and Common Council held on October 5, 2009, the following action was taken relative to an 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 facilities and office space located at 840 N. Sierra Way in the RM, Residential Medium, land use district: That the hearing be closed; and that the Mayor and Common Council grant the appeal and approve Conditional Use Permit No. 08-21, based on the recommended revised Findings of Fact and subject to the recommended revised Conditions of Approval. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, Rachel G. Clark City Clerk RGC:Ils pc: Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity•Accountability•Respect for Human Dignity•Honesty U`J- /Zl/ ZVV`J UC : 4b : DD AM J101Cy J1a1Cy rage i CITY CF 09 S€P 2 f AN 10: Oa I`f`CEIVED-Cir'! CLE« SIDLEY AUSTIN u.p BEIJING GENEVA SAN FRANCISCO 555 WEST FIFTH STREET BRUSSELS HONG KONG S ,sl�FF SIDLEY AUSTIN LLP LOS ANGELES,CA 90013 CHICAGO LONDON SING o!P 2I AM 10: 45 SIDLEY 2138966600 FAX DALLAS NEW YORK LES WASHNGTON,DC dense.brownasidley.com (213)896.6882 FOUNDED 1866 FACSIMILE TRANSMISSION FORM Date: September 21,2009 No. of pages including cover sheet: 10 To: Henry Em peno, Es q. (909) 384-5238 To: Ester Estrada (909)384-5105 To: Rikke Van Johnson 909 384-5105 To: Mayor Patrick J. Morris 909)384-5067 To: Fred Shorett (909) 384-5105 To: Tobin Brinker(909) 384-5105 To: Dennis Baxter 909) 384-5105 To: Terry Rahhal (909) 384-5080 To: Chas Kelley (909)384-5105 To: Charles McNeely 909 384-5138 To: Wendy McCammack 909) 384-5105 To: Rachel Clark 909 384-5158 To: Valerie Ross (909) 384-5080 From: Denise D. Brown Ext. 46882 Floor: 41 COMMENTS: Appeal of the Planning Commission's Denial of Human Potential Consultants' Application for Conditional Use Permit No. 08-21 (Appeal No. 08-07) IRS Circular 230 Disclosure: To comply with certain U.S.Treasury regulations,we inform you that,unless expressly stated otherwise,any U.S. federal tax advice contained in this communication,including attachments,was not intended or written to be used,and minor be used,by any taxpayer for the purpose of avoiding my penalties that maybe imposed on such taxpayer by the Internal Revenue Service. In addition,if mry such tax advice is used or referred to by other parties in promoting,marketing or recommending any partnership or other entity,investment plan or arrangement,then(i)the advice should be construed as written in connection with the promotion or marketing by others of lire transaction(s)or matter(s)addressed in this communication and(ii)the taxpayer should seek advice based on the taxpayer's particular circumstances front an independent tax advisor. # # # # # # # # # # # Problems with this transmission should be reported to: (213)896-6882 THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL(S)OR ENTITY(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 RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S.POSTAL SERVICE. Si&oy AUMIin uP i3 a linaled IlabYay pe erOblp prod—,,m NWn n wiU onal Sibley A,f n pMn hips �3a �o-s-o9 V i]/ L1/ LVVO VJ Y / V I Hl'l U1LL1GJ' U1LL1G)' ruby a. SIDLEY AUSTIN uJ, BEIJING LOS ANGELES 555 WEST FIFTH STREET BRUSSELS NEW YORK SIDLEY AUSTIN LLP LOS ANGELES,CA 90013 CHICAGO SAN FRANCISCO S IMMIX (213)896 600 DALLAS SHANGHAI (213)89888600 FAX FRANKFURT SINGAPORE GENEVA SYDNEY HONG KONG TOKYO LONDON WASHINGTON.D.C. Inevltt 0sldley com (213)896-6869 FOUNDED 1868 C �a September 21, 2009 ti i rM o By Fax and U.S. Mail tv n o Henry Empeno, 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' Application for Conditional Use Permit No. 08-21 (Appeal No. 08-07) Dear Mr. Empeiio: As you know, we represent Human Potential Consultants(HPC)in the above-referenced appeal. The last time that HPC was before the Mayor and Common Council,on August 17, 2009,the Council denied the Development Services Department's recommended motion to refer a Development Code Amendment proposal to the Planning Commission that would add 673 South Waterman Avenue to the Emergency Shelter Overlay District and permit HPC to establish an emergency shelter at that site. The Council then continued HPC's appeal of the Planning Commission's denial of CUP No. 08-21 until the September 21,2009 meeting. By denying the Development Services Department's recommended motion to amend the Emergency Shelter Overlay District, the Council negated a four-month long collaboration between HPC,the Planning Department,the Economic Development Agency, and the City Attorney's Office to find an alternative site for HPC's proposed emergency shelter. Moreover, the Council's denial of the recommended motion contradicted the Council's own April 6,2009 directive requiring that HPC work with City staff to identify an alternative site. After more than five months of delays and continuances,on Monday, September 21, 2009,the Mayor and Common Council will reconsider HPC's appeal of the Planning Commission's wrongful denial of CUP No. 08-21. Two days before the September 21, 2009 Mayor and Common Council meeting, on Thursday, September 17,2009, HPC received a copy of the Development Services Department's Staff Report discussing the CUP and propounding a list of 34"Conditions of Approval." These"Conditions of Approval"have not been discussed since an April 16, 2009 meeting that was attended by representatives of HPC, the City Attorney's Office, and the Planning Department. At that meeting,the City Attorney's Office provided HPC with "Draft Conditions of Approval" HPC objected to several of the conditions Sella Austen LLP i..liniMCIWkAdy DAMON*p eiM nallNa6o m' oiler SWI.,Aueen p. e*FVs VJ/ L1/ LVVJ VJ Y / JY CLL'l J1U1GJ' p1UlGy Y6sG J SIDS Henry Empeflo, Esq. September 21, 2009 Page 2 because they would render HPC's proposed emergency shelter infeasible for development and suggested changes to those conditions. The parties then agreed to conduct an alternative site search and table the "Draft Conditions." The Development Services Department's Staff Report is the first time since that April 16, 2009 meeting that the issue of"Conditions of Approval"has been raised by the City. Significantly, the "Conditions of Approval" are substantively identical to the "Draft Conditions" that were originally proposed. Once again, the City has ignored HPC's attempt to negotiate in good faith by imposing onerous conditions that make it infeasible for HPC to establish and operate its proposed emergency shelter. Housine Accountability Act Prohibits Infeasible Conditions SB 2 amended the Housing Accountability Act to expressly prohibit local governments from disapproving emergency homeless shelters based upon NIMBY ("Not In My Backyard") concerns. Specifically,the Housing Accountability Act prohibits a local government from conditioning approval of an emergency shelter in a manner that would "render[] the project infeasible for development" unless it makes written findings, based upon substantial evidence in the record that one of five narrow exceptions is met. Cal. Gov't Code § 65589.5(d). These exceptions are: (1) The jurisdiction has adopted a revised and compliant housing element and has met or exceeded its need for emergency shelter according to its annual and seasonal need assessment in its housing element; (2) 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 shelter financially infeasible;" (3) The denial of the project is required for compliance with state or federal law; (4) The project is proposed on land that is zoned for agriculture or resource preservation; (5) 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 § 65589.5(d). V�/Ll/ LVV� Vc : YtS : Vl Hl9 J1U1Cy Jlulcy ragv z SID SLOLEY AUSTIN LIP Henry Empefio, Esq. September 21, 2009 Page 3 The Development Services Department's Findings of Fact for Approval of Conditional Use Permit No. 08-21 do not assert that any of the Housing Accountability Act exceptions apply.1 Rather,the Findings of Fact state that the proposed use"would not impair the integrity and character of, the subject land use district and complies with all of the applicable provisions of the Development Code;"that the"proposed use is consistent with the General Plan;"that "location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses in within the general area...and will not create...situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City." Although the Findings of Fact state that certain conditions—those requiring a sunset clause, prohibiting residents with violent crime convictions and domestic violence offenses, and prohibiting disclosures that could be detrimental to the Option House domestic violence shelter— are needed to minimize impacts on public safety,the Findings of Fact contain no justification for those conditions that would make it infeasible for HPC to operate. As such, there are no "written findings,based upon substantial evidence in the record"that justify the imposition of those conditions. For example, condition number 9 places a six-person limitation on residents who are on parole or probation. This condition would make it infeasible for HPC to operate an emergency shelter because an overwhelming percentage of the homeless population has,at one time or another, been involved in the criminal justice system. Many homeless persons are arrested and incarcerated for crimes associated with the status of being homeless including loitering, jaywalking,petty theft, and drug and alcohol violations. This condition would impede HPC from sheltering a large portion of the overall homeless population and, therefore, would make it impossible for HPC to competitively bid for funding from federal,state, and local agencies. See Attachment A for HPC's comments on additional conditions that would make it infeasible for HPC to operate an emergency homeless shelter. Thus,approval of CUP No. 08-21 with the Development Services Department's recommended"Conditions of Approval"in their current form would violate SB 2. By imposing such onerous conditions on the development of HPC's proposed emergency shelter, the City would be constructively denying the CUP by rendering development of the shelter infeasible. HPC therefore urges the City to adopt HPC's suggested changes to the proposed conditions as reflected in Attachment A. ' On November 5,2008,the Planning Commission erroneously predicated its denial of the CUP on the exceptions enumerated in §65589.5(d)(2)and §65589.5(d)(5). The fifth exception is not applicable because the City is not in compliance with Housing Element law. Moreover,the second exception is not applicable because the City cannot meet its substantial burden of demonstrating that there are"significant,quantifiable,direct and unavoidable impacts based on objective, identified written public health or safety standards,policies,or conditions as they existed on the date the application was deemed complete." Cal.Gov't Code §65589.5(dx2). VJ/ Gl/ LVVJ VJ YO �1L Hrl UlU1GJ V1�I1V,'/ • y"b`� SID Empeno, Esq. September 21, 2009 Page 4 Sincerely, SIDLEY AUSTIN LLP i By Lauren Nevitt cc: Valerie Ross, Development Services Department Director; Terri Rahhal, City Planner; Charles McNeely, City Manager; Mayor Patrick J. Morris; City Councilmembers Esther Estrada, Dennis Baxter, Tobin Brinker, Fred Shorett, Chas Kelley, Rikke Van Johnson, Wendy McCammack; Rachel Clark, City Clerk Enclosure VJ/ G1/ GV V.7 VV YO : JY 1119 Olu1uy DXUXVY YO4Sc O SIDL Henry Empetio, Esq. September 21, 2009 Page 5 Attachment A• HPC's Obiections To The Conditions Of Approval for Conditional Use Permit No. 08-21 HPC agrees with 23 of the 34 conditions proposed by the City. However, in their present form, certain of the remaining conditions would render HPC's homeless shelter infeasible. HPC repeats its objections to conditions numbered 4, 5, 7, 8,9, 11, 13, 14, 16, 18, and 19 and again suggests revisions that would allow HPC to move forward and provide the City with the much needed homeless shelter that has been in limbo for the last year. Note that the condition as proposed by the City is in normal text below and HPC's responses/revisions are in italics. 4. As previously proposed by the Applicant, this approval shall automatically expire upon completion of the construction of Lincoln 11 Elementary School,planned for construction at the southwest comer of Sierra Way and 8's Street. At that time, the shelter shall be vacated and the facility shall be converted for a non-residential youth-oriented use, compatible with the new school. The Applicant shall execute all documents necessary to give legal effect to this condition. The option that the site could be used for residential purposes should not be eliminated. Although the population of homeless individuals would change, HPC is open to providing shelter for families and/or children if that is amenable to the School District. Sentence two (2)should instead read, "At that time, the shelter shall be vacated and the facility shall be converted to a use appropriate to address the School District's needs. " 5. In the event that this approval is legally challenged, the City will promptly notify the Applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified,the Applicant agrees to defend, indemnify, and hold harmless the City, the Economic Development Agency, the Redevelopment Agency,their affiliates, officers, agents and employees from any claim,action or proceeding against the City of San Bernardino. The Applicant further agrees to reimburse the City, the Redevelopment Agency or the Economic Development Agency for any costs and attorneys' fees which the City, the Redevelopment Agency or the Economic Development Agency may be required by a court to pay as a result of such action, but such participation shall not relieve the Applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorney's fees" for the purpose of this condition. As part of the consideration for issuing this permit,this condition shall remain in effect if this V�/ Ll/ LV V.7 Vim: Ytl : 1L t119 Jlu icy .�iu lcy cub.. SID 1101 Y A�511�L11 Henry Empefio, Esq. September 21, 2009 Page 6 Conditional Use Permit is rescinded or revoked,whether or not at the request of Applicant. Paragraph one (1)should be revised to read, "In the event that this approval is legally challenged, the City will promptly notify the Applicant ofany claim or action and will cooperale frilly in the defense of the matter. Once notified, the Applicant agrees to defend, and hold harmless the City, its officers, agents and employees from any claim, action or proceeding arising out of this approval against the City of San Bernardino. The Applicant, in agreeing to defend any such action, is deemed to take the lead in the litigation and may choose defense counsel. The Applicant agrees to reimburse the City for any reasonable costs and attorneys'fees which the City may be required by a court to pay as a result of such action. In the event that a defense is not provided by the Applicant, the Applicant agrees to indemnify the City's costs. " 7. The facility shall provide emergency shelter and services on a first-come-first-served basis for whatever time periods are established by the facility. No individual or household shall be denied emergency shelter at the facility because of an inability to pay. This condition should be revised to reflect the fact that, as mandated by HPC's funding sources, a qualified referral is required for residency. Residents are chosen from these referral sources on a first-come-first-serve basis. HPC's homeless shelter is not the type of emergency shelter known as a "drop-in shelter"that merely provides its clients with overnight beds. Rather, HPC is an emergency shelter that not only provides overnight shelter, but also provides its residents with 24-hour care and programming. 8. The facility shall provide emergency shelter to homeless persons referred by the San Bernardino Police Department, unless there is no unfilled bed at the facility at the time the referral is made. This condition.should be revised to state, "The San Bernardino Police Department is one such qualified referral source, and any individuals meeting HPC's service population criteria that are referred by the Department will be admitted into the homeless shelter unless there is no unfilled bed at the facility at the time the referral is made."HPC cannot admit individuals who do not meet the service population criteria as dictated by the funding source. All sought-after funding will include homeless individuals, but may dictate that other sub- populations be delineated. Such subpopulations could include veterans, the mentally ill,persons with a history ofsubstance abuse, or domestic violence UZI/Ll/ LUU`J Vy: qy : Y6 HN O7 Uu1 y oiuicy rnbc 5101 FV A05TIM IIF SID Henry Empeno, Esq. September 21, 2009 Page 7 victims. Therefore, it would be inaccurate to state that any homeless person referred by the Police Department would be admitted 9. A total of no more than six persons who are on parole or probation shall reside at the facility at any one time. "Persons who are on parole or probation" include: ... HPC cannot agree to this condition because, the federal, state, and local agencies that provide funding for emergency shelters would not accept a condition such as this that would so impede an organization's ability to.shelter large segments of the overall homeless population. For example, if HPC was competing for a contract from the Department of Mental Health, a condition such as this would inhibit HPC's bid Mentally disabled homeless persons have often been in and out of jail both as a result of their status of being homeless and as a result of co- occurring substance abuse disorders. This condition is prohibitive of HPC's ability to obtain funding for the shelter and would render this shelter infeasible. 11. The facility shall not admit any person convicted of a violation of California Penal Code section 273a, subdivision(a); section 273ab; section 273d;or section 273.5. HPC agrees to this condition with the following limitation, "The facility shall not admit any person convicted within the last two (2) vea n. of a violation of California Penal Code section 273x, subdivision (a);section 273ab; section 273d; or section 273.5. " 13. The facility shall not admit any person who is required to participate in or to complete a barterer's program pursuant to California Penal Code section 3053.2, subdivision(b). HPC agrees to this condition with the following limitation, "The facility shall not admit any person who, within the last two (2)years. has been required to participate in or to complete a batterer's program pursuant to California Penal Code section 3053.2, subdivision (b). " 14. The facility shall not admit any person who has committed, or is alleged to have committed, an act of violence against an individual at Option House, Inc. If at any time the Applicant is notified or becomes aware that such a person is residing at the facility, the Applicant shall immediately transfer that person to another facility. The Applicant shall not disclose to the person who is required to leave that exclusion is required because of the presence of Option House or the victim who is housed there. LI/ LVuy Vy : OV : 1V HW D1UXUY D1U1Cy Ycigc SID Henry Empeno, Esq. September 21, 2009 Page 8 HPC agrees to this condition with the following revisions (1) elimination of"or is alleeed to have committed"and(2) "the Applicant shall immediately Provide a referral to that person to another facility and assist with transfer." 16. The facility shall provide the San Bernardino Police Department with an up-to-date list of the names,dates of birth, and identifying information of all residents of the facility at all times, on a weekly basis and whenever a new resident is admitted. The Applicant shall cooperate with the San Bernardino Police Department in identifying facility residents who are on probation, parole, or have Fourth Amendment waivers or outstanding warrants, and, when warranted under the law, provide officers with access to those residents and their living spaces. HPC agrees to this condition with the following revision, "The facility shall provide the San Bernardino Police Department with an up-to-date list of the names, dates of birth, and identifying information of all residents of the facility at all times, on a weekly basis and within 48 hours of a new resident heina admitted " This revision is necessary to make this condition administratively feasible for HPC and its staff HPC also questions the need for the inclusion of the Fourth Amendment waiver and more information regarding this was requested of the City Attorney's office at our April 16 meeting. 18. The Applicant shall provide a security plan for the facility which shall be approved by the San Bernardino Police Department prior to occupancy of the facility. Approval shall be based on objective standards including but not limited to qualifications and training of security personnel, control of residents' presence in or absence from the facility, security devices, and curfew hours. The security plan shall include procedures for facility staff to follow in the event of a disturbance that may require expulsion of a shelter resident and/or a call for emergency services. The facility shall have at least one staff member at the facility at all times whose sole duty shall be to maintain security at the facility. HPC does not agree to this condition as written. HPC agrees share its safety plan with the San Bernardino Police Department and proposed to designate a staff member to act as a liaison with the Department to discuss and address any safety concerns the Department may have. However, HPC does not agree that its safety plan should be subject to the approval of the Department, essentially giving the Department the power to prohibit the shelter from operating. Uy/L1/LUUy U' : SU : J / AM niaiey oiuicy rases �" SID Henry Empeno, Esq. September 21, 2009 Page 9 19. As previously proposed by the Applicant, the staff of the facility shall consist of residents of the City of San Bernardino,except in cases where there is no resident of the City of San Bernardino available and qualified for the position to be filled. HPC agrees to this condition with the following slight revision, "...new HPC.staff of the facility... "HPC retains the ability to staff the facility with existing HPC employees, but commits to hiring City residents for all other newly created facility staff positions. LAI I642443v.2 09-09-1017 : 10 P,C\i^ CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Conditional Use Permit No. 08-21 — Appeal of the Planning Commission's denial of a Conditional Use Permit to convert an existing 6,747 square foot Dept: Development Services church building into a 56-bed homeless shelter with related support and office space located at 840 North Date: August 26, 2009 Sierra Way in the RM, Residential Medium land use district. (Appeal No. 08-07) MCC Date: September 21, 2009 Synopsis of Previous Council Action: 03/16/09 Mayor and Council continued the matter for finther review by City Attorney. 04/06/09 — 08/17/09 Mayor and Council continued the appeal pending a search for an alternative site in the Emergency Shelter Overlay District. Recommended Motion: That the hearing be closed and that the Mayor and Common Council grant the appeal and approve Conditional Use Permit No. 08-21 based on the recommended Findings of Fact and subject to the recommended Conditions of Approval. Alternative Motion: That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold the Planning Commission's denial of Conditional Use Permit No. 08-21 based on the Findings of Fact as recommended on April 6, 2009. w,fi& G, R - Valerie C. Ross Contact person: Terri Rahhal, City Planner Phone: 3330 Supporting data attached: Staff Report Ward: 1 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) Acct. Description: /�, Finance: rz r Council Notes: 00 �s+� j ��oq 35 Agenda Item No. So CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT ar Subiect: 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 (Exhibit I —Location Map). Owner: Appellant: Faith Temple AP Ministries Dr. Garnett Newcombe, CEO 840 North Sierra Way Human Potential Consultants, LLC San Bernardino, CA 92401 500 East Carson Plaza Drive, Suite 127 909.215.8683 Carson, CA 90746 310.756.1560 Backeround: The subject of this appeal is the Planning Commission denial of Conditional Use Permit (CUP) No. 08-21, a request by Human Potential Consultants, LLC (HPC) to convert an existing 6,747 square foot church building into a 56-bed homeless shelter at 840 North Sierra Way. Prior to the Planning Commission denial of the CUP application, HPC voluntarily revised the application to propose a 36-bed facility. HPC also voluntarily proposed a sunset date for operation of the proposed shelter to cease prior to opening of Lincoln II Elementary School, planned for construction in 2010. The Planning Commission considered CUP No. 08-21, including the revisions proposed by HPC, and denied the application on November 5, 2008. The primary reason cited for the denial was incompatibility of the proposed emergency shelter with the anonymity and security of the Option House, an existing domestic violence shelter in the vicinity of the project site. On March 16, 2009, the Mayor and Council heard the item, including written comments from representatives of the Option House, who were unable to attend the hearing. The matter was continued for further review of alternative actions. On April 6, 2009, the appeal was considered, including testimony from representatives of the Option House. When HPC agreed to consider a different site, the Mayor and Council directed staff to work with the appellant to seek an alternative site for HPC to establish an emergency homeless shelter. The appeal hearing has been continued several times,pending the outcome of the search for an alternative site. Staff met with HPC on several occasions to discuss potential alternative sites, focusing first on sites in the Emergency Shelter (ES) Overlay District. Finding no available buildings suitable for the shelter facility proposed by HPC, the search was expanded to identify a suitable site that might be added to the ES Overlay District. Over 30 sites were considered, and two potential sites were identified to recommend to the Mayor and Council: 225 West Orange Show Lane and 673 South Waterman Avenue. The Orange Show Lane site was constrained by a covenant prohibiting residential use of the site. On August 17, 2009, a motion to refer a Development Code Amendment proposal to the Planning Commission that would add 673 South Waterman Avenue to the ES Overlay District and permit establishment of an emergency shelter on the site failed. 2 Financial Imoact: None. The appellant has paid applicable processing fees. Recommended Motion: That the hearing be closed and that the Mayor and Common Council grant the appeal and approve Conditional Use Permit No. 08-21 based on the recommended Findings of Fact and subject to the recommended Conditions of Approval. Alternative Motion: That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold the Planning Commission's denial of Conditional Use Permit No. 08-21 based on the Findings of Fact as recommended on April 6, 2009. Exhibits: 1. Location Map 2. Findings for Approval of Conditional Use Permit No. 08-21 3. Conditions of Approval for Conditional Use Permit No. 08-21 3 EXHIBIT 1 CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP HEARING DATE: 09/21/2009 PROJECT: Conditional Use Permit 08-21 (Appeal 08-07) NORTH Project Site 4� F'M sRx (C) City of San Bernardino , EXHIBIT 2 FINDINGS OF FACT FOR APPROVAL OF CONDITIONAL USE PERMIT NO 08-21 1. The proposed use is conditionally permitted within, and would not impair the integrity and character of the subject land use district and complies with all of the applicable provisions of the Development Code. The proposed project is an emergency homeless shelter, which is permitted in the RM, Residential Medium density land use district, subject to approval of a Conditional Use Permit. Management plans proposed by the applicant, combined with the recommended Conditions of Approval will ensure compliance with requirements of the Development Code. Resident screening standards and disclosure requirements in the Conditions of Approval will help protect the security anonymity of the Option House domestic violence shelter, which is vital to the integrity of the existing neighborhood. 2. The proposed use is consistent with the General Plan. General Plan Goal 3.4 "Assist the provision of housing for residents with special needs." is partially implemented by Policy 3.4.7, which says "Permit shelters for the homeless and transitional housing by Conditional Use Permit in all multi-family zones designated RM or greater, and downtown in areas designated CR-2." Since adopting Policy 3.4.7, the Council has gone further to also permit emergency shelters in the IL, Industrial light land use district subject to a CUP, and by creating the Emergency Shelter Overlay 4 District, where emergency shelters are permitted through a non-discretionary permit process. Approval of CUP No. 08-21 to provide an emergency shelter in the RM land use district is consistent with the cited goal and policy of the General Plan. 3. The approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and Section 19.20.030(6) of the Development Code. Development of the proposed project is exempt from review requirements of the California Environmental Quality Act (CEQA) under Section 15301 for minor alterations to existing facilities. The Development/Environmental Review Committee (D/ERC) evaluated the project site and development plans to confirm that the CEQA exemption is applicable, in compliance with procedures set forth in Section 19.20.030(6) of the Development Code. 4. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. No potentially significant physical impacts on the environment or on natural resources were identified by the D/ERC in the review of the proposed project. The project site is already developed in an urbanized area served by the necessary infrastructure, utilities and public services. Utilization of the site for the proposed use would not create a significant effect on natural resources or the environment. t 5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. The location, size and design of the proposed project are adequate to accommodate the proposed use, an emergency shelter for the homeless, with minimal improvements to the existing structure and the project site. Conditions of approval will be applied to ensure public safety, including a sunset clause proposed by the Applicant to cease operations and convert the facility to a non-residential youth-oriented facility prior to occupancy of Lincoln II Elementary School, planned for construction at the southwest corner of Sierra Way and 8d' Street. Other conditions prohibit residency of individuals who have been convicted of violent crimes, including domestic violence offenses, and also prohibit disclosures that could be detrimental to the continued operation of a nearby domestic violence shelter. The proposed project, if operated according to stated plans and in compliance with the Conditions of Approval, would be compatible with the surrounding neighborhood and would not be detrimental to the public interest, health, safety, convenience or welfare of the City. 6 The subject site is physically suitable for the type and density/intensity of use being proposed. The proposed emergency shelter use would occupy an existing structure with a density of residential occupancy comparable to multi-family residential uses permitted in the RM, Residential Medium land use district. No major alterations to the existing structure or site improvements would be required to accommodate the proposed use. Therefore, the site is physically suitable for the emergency shelter proposed by CUP No. 08-21. 7. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. The site is located in an urbanized area and is already developed with a 6,747 square foot building and parking improvements. A full range of utilities and public services are available to serve the site. Conditions of approval are proposed to protect the anonymity of the Option House domestic violence shelter and to protect Option House residents from inadvertent contact with their batterers or acquaintances of their batterers. This requirement, combined with other conditions of approval discussed in these findings will help minimize potential impacts on public health and safety. EXHIBIT 3 CONDITIONS OF APPROVAL Conditional Use Permit No.08-21 1. This approval is for conversion of an existing 6,747 square foot church building into an emergency shelter to house homeless persons. As previously proposed by the Applicant, a maximum of 36 homeless persons shall occupy the shelter at any time, each of whom may reside at the facility for up to six months. The project site is located at 840 North Sierra Way, in the RM, Residential Medium Land use district. The facility shall be staffed 24-hours per day, but site activities shall be limited during the hours from 10:00 p.m. to 7:00 a.m., to he compatible with the surrounding residential neighborhood. 2. Within two years of this approval, all necessary building permits shall be obtained and commencement of work/construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of work/construction, the work/construction is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits shall be obtained prior to commencement of specified construction activities included in the Conditions of Approval and Standard Requirements. Expiration Date for Lack of Action: September 21, 2011 3. The review authority may grunt a one-time extension, for good cause, not to exceed 12 months. The Applicant must file an application, the processing fees, and all required plans and application materials 30 days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code requirements in effect at the time of the extension request. 4. As previously proposed by the Applicant, this approval shall automatically expire upon completion of the construction of Lincoln II Elementary School, planned for construction at the southwest corner of Sierra Way and 8a' Street. At that time, the shelter shall be vacated and the facility shall be converted for a non-residential youth-oriented use, compatible with the new school. The Applicant shall execute all documents necessary to give legal effect to this condition. 5. In the event that this approval is legally challenged, the City will promptly notify the Applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the Applicant agrees to defend, indemnify, and hold harmless the City, the Economic Development Agency, the Redevelopment Agency, their affiliates, officers, agents and employees from any claim, action or proceeding against the City of San Bernardino. The Applicant further agrees to reimburse the City, the Redevelopment Agency or the Economic Development Agency for any costs and attorneys' fees which the City, the Redevelopment Agency or the Economic Development Agency may be required by a court to pay as a result of such action, but such participation shall not relieve the Applicant of his or her obligation under this condition. zp. CUP No. 08-21 Conditions of Approval MCC 9121109 Page 2 The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorney's fees" for the purpose of this condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Conditional Use Permit is rescinded or revoked, whether or not at the request of Applicant. 6. In furtherance of the Applicant's stated intent that the facility serve the needs of the homeless population of the City of San Bernardino, residence at the facility shall be limited to homeless persons who resided in the City of San Bernardino immediately prior to becoming homeless. 7. The facility shall provide emergency shelter services on a first-come-first-served basis for whatever time periods are established by the facility. No individual or household shall be denied emergency shelter at the facility because of an inability to pay. 8. The facility shall provide emergency shelter to homeless persons referred by the San Bernardino Police department, unless there is no unfilled bed at the facility at the time the referral is made. 9. A total of no more than six persons who are on parole or probation shall reside at the facility at any one time. "Persons who are on parole or probation"include: yu a. Any individual who has been convicted of a federal crime and sentenced to a term of supervised probation or sentenced to a term of imprisonment in a federal prison, and granted conditional and revocable release into the community under the supervision of a federal parole officer. b. Any individual who has been convicted of a state crime and sentenced to a term of supervised probation or sentenced to a term of imprisonment in county jail or in a state prison and who is serving a period of supervised community custody, as defined in California Penal Code section 3000, and is under the jurisdiction of the California Department of Corrections and Rehabilitation, Division of Adult Parole Operations or Division of Juvenile Justice. c. An adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release into the community under the supervision of a Youth Authority Parole Officer. 10. The facility shall not admit any person convicted of a "violent felony" as defined in California Penal Code section 667.5, subdivision (c) or a "serious felony" as defined in California Penal Code section 1192.7, subdivision(c). 11. The facility shall not admit any person convicted of a violation of California Penal Code section 273a, subdivision (a); section 273ab; section 273d; or section 273.5. CUP No. 08-21 Conditions ofApproval MCC 9121109 Page 3 00K 12. The facility shall not admit any person who is required to register pursuant to the Sex Offender Registration Act, California Penal Code sections 290—290.023, inclusive. 13. The facility shall not admit any person who is required to participate in or to complete a batterer's program pursuant to California Penal Code section 3053.2, subdivision (b). 14. The facility shall not admit any person who has committed, or is alleged to have committed, an act of violence against an individual housed at Option House, Inc. If at any time the Applicant is notified or becomes aware that such a person is residing at the facility, the Applicant shall immediately transfer that person to another facility. The Applicant shall not disclose to the person who is required to leave that exclusion is required because of the presence of Option House or the victim who is housed there. 15. Neither the Applicant nor the facility staff shall at any time disclose the location of Option House or the name or location of any resident of Option House to any person, including but not limited to any prospective, current, or former resident or staff member of the facility, except as may be required by law. 16. The facility shall provide the San Bernardino Police Department with an up-to-date list of the names, dates of birth, and identifying information of all residents of the facility at all times, on a weekly basis and whenever a new resident is admitted. The Applicant shall cooperate with the San Bernardino Police Department in identifying facility residents who are on probation, parole, or have Fourth Amendment waivers or outstanding wan-ants, and, when warranted under the law, provide officers with access to those residents and their living spaces. 17. The Applicant shall provide the San Bernardino Police Department with access to the sign-in and sign-out records maintained by the facility upon request. 18. The Applicant shall provide a security plan for the facility which shall be approved by the San Bernardino Police Department prior to occupancy of the facility. Approval shall be based on objective standards including but not limited to qualifications and training of security personnel, control of residents' presence in or absence from the facility, security devices and curfew hours. The security plan shall include procedures for facility staff to follow in the event of a disturbance that may require expulsion of a shelter resident and/or a call for emergency services. The facility shall have at least one staff member at the facility at all times whose sole duty shall be to maintain security at the facility. 19. As previously proposed by the Applicant, the staff of the facility shall consist of residents of the City of San Bernardino, except in cases where there is no resident of the City of San Bernardino available and qualified for the position to be filled. 20. When facility staff prepare a Contraband Report after discovering contraband (for example, illegal drugs or weapons) on a facility resident, a copy of the report shall be provided to the San Bernardino Police Department. CUP No. 08-21 Conditions ofApprova! MCC 9121109 Page 4 r 21. Signs are not approved as a part of this permit. If the Applicant desires signage, a separate application is required for approval of a sign permit by the Planning Division, subject to the sign regulations of the Development Code for residential districts. 22. Residents of the facility shall not park or access private vehicles at the facility. 23. All exterior lighting shall be energy efficient and shielded as necessary to prevent glare on neighboring properties. 24. Any future proposal to modify the architectural design, the color of the building or other exterior finish materials shall be submitted for review and approval by the Planning Division prior to commencement of work. 25. Outside displays and/or storage shall be prohibited. 26. The applicant shall be responsible for regular maintenance of the project site. Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 24 hours. 27. Any security bars or security doors shall be installed on the inside of the structure only. Video surveillance equipment installed or used on the exterior shall be painted to match the structure, or treated to blend with the architecture. s€n�. 28. The applicant shall construct a 6-foot wrought iron fence around the perimeter of the site. 29. The site improvement plans shall be in substantial conformance with Conditional Use Permit No. 08-21 approved by the Mayor and Common Council. Minor modifications to the plan(s) shall be subject to approval by the Director of Development Services through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable site design considerations shall require the re-filing of the original application and a subsequent hearing by the appropriate review authority if applicable: a. On-site circulation and landscaping. b. Placement and/or height of walls, fences and structures. c. Minor lot line adjustments, provided the lot area of each approved lot shall not be reduced below the minimum lot area permitted in the Development Code. d. A reduction in density, intensity or number of lots of a development project. e. Reconfiguration of architectural features, including colors, and/or modification of the finished materials that do not alter or compromise the previously approved theme. 30. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 - Property Development Standards, and includes: dust control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lightning design and control; noise control; odor control; screening; signs, off-street parking �. and off-street loading; and vibration control. CUP No. 08-11 Conditions of Approval MCC 9111109 Page S C 31. Plans submitted for plan check (building plans, site improvements, landscaping, etc.) to the Building Division and/or Public Works/Engineering shall include all Conditions of Approval and Standard Requirements issued with the Planning approval printed on the plans. 32. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied, nor any change of use of land or structure(s) shall be inaugurated, nor any new business authorized by this permit commenced until a Certificate of Occupancy has been issued by the Development Services Department. A temporary Certificate of Occupancy may be issued by the Development Services Department subject to the conditions imposed on the use, provided that the Building Official authorizes occupancy of the structure and a deposit is filed with the Development Services Department to guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this permit. 33. No final Certificate of Occupancy shall be issued until the Applicant has complied with all conditions of approval related to construction and site improvements. 34. his perrrut approval is also subject to the aiached conaitions or standard requirements of the following City Departments or Divisions or other public agencies: a. Public Works Division b. Water Department C. Fire Department d. Building Division Plan Check e. Public Services Department End of Planning Division Conditions of Approval - ATTACHMENT D CITY OF SAN BERNARDINO Development Services Department- Public Works Division Standard Requirements Description: -A request to convert an existing church into a Homeless Facility with 56 bunk beds, including a kitchen with a dinning room, a shower room, restrooms and offices. The project is located on approximately 0.45 acre on the west side of Sierra Way approximately 150 feet north of 8m Street, in the RM, Residential Medium Land use district. Applicant: Doug Shultz Location: 840 Sierra Way Case Number: CUP 08-21 1. Drainage and Flood Control a) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. b) If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. C) Landscape clippings and waste will not be washed or blown into the City right of way. All landscaping debris will be swept up and placed into the proper waste receptacle. d) Source Control best management practices required for trash and debris. e) A Non-Categorical Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the City's web page at www,sbcity oro- Departments - Development Services - Public Works for templates to use in the preparation of this plan. f) The City Engineer, prior to issuance of any permit, shall approve the WQMP. f Project: Homeless Shelter Case No. CUP 08-21 Page 2 of 6 g) The City Engineer, prior to on-site plan approval, shall approve an Erosion/Sediment and Waste Management Control Plan if soil disturbance is expected. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 2. Grading and Landscapina a) The site and drainage plans shall be signed by a Registered Civil Engineer, an on-site and off-site permit will be required. The plans shall be prepared in strict accordance with the City's "Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) The parking lot shall be re-striped filled and patched in failed areas. c) An on-site improvement Plan is required for this project. d) Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6" high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5' deep and may overhang the landscaping or walkway by 2.5'. Overhang into the setback area or into an ADA path of travel (minimum 4' wide) is not permitted. e) Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. .y I c II j Project: Homeless Shelter Case No. CUP 08-21 Page 3 of 6 f) The refuse enclosure(s) must be constructed in accordance with City Standard Drawing No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. Where a refuse enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3' wide by 6 " high concrete planter shall be provided to separate the enclosure from the adjacent parking. The placement of the enclosure and design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. The number and placement of refuse enclosures shall conform to the location and number shown on the site plan as approved by the Development Review Committee, Planning Commission or City Council. g) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be Part of the or,-site impFove Engineer. ent permit issued by the City h) The on-site improvement plan shall include details of on-site lighting, including: `'yam 0 light location, • type of poles and fixtures, • foundation design, • conduit location, material and size, and • number and size of conductors in each conduit run. • Photometric plot shall be provided which show that the proposed on-site lighting design will provide: • 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and • 0.25 foot-candles security lighting during all other hours. i) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. Project: Homeless Shelter Case No. CUP 08-21 ' Page 4 of 6 I j) An accessible path of travel shall be provided from the public way i to the building entrance. All pathways shall be concrete paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. k) A Lot Merger is required for this project, contact the Engineering Department for information regarding the processing of the lot merger. 1) The public right-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the Property owner. Details of the parkway landscaping shall be included in the project's on-site landscape p plan, unless the area is included in a landscape maintenance district, in which case, a separate landscape plan shall be provided. m) An easement and covenant sha!I bn -- to allow the City to enter and maintain any required landscaping City in case of owner neglect. Upon request, the Real Property Section will prepare documents for execution by the property owner. The documents shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property in order to accomplish the required landscape maintenance. A document- processing fee in the amount established by ordinance shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. Applicable to Commercial, industrial and multi-family development only. 3. Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements it the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. C) Utility services shall be placed underground and easements ' provided as required. I i I I Project: Homeless Shelter Case No. CUP 08-21 Page 5 of 6 d) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets. 4. Street Improvement and Dedications a) For the streets listed below, dedication of adequate street right-of- way (R.W.) to provide the distance from street centerline to Property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Right of Wav(ft ) Sierra Way 41.25' ( 22.25' (existing) b) If the existing sidewalk and/or curb & gutter adjacent to the site are in poor condition, the sidewalk and/or curb & qguaF'-.. -,.0 s — removed and reconstructed to City Standards. Curb & Gutter shall conform to Standard No. 200, Type "B" and sidewalk shall conform to Standard No. 202, Case "A" (6' wide adjacent to curb), unless otherwise approved by the City Engineer. Qv_ c) Construct all accessible curb ramps onsite and off-site in accordance with APWA Standards to comply with current ADA accessibility requirements. d) Construct Driveway Approaches per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. e) The pavement on existing streets adjoining the site shall be rehabilitated to centerline using a grind and overlay strategy approved by the City Engineer. 5. Required Engineering Plans a) A complete submittal for plan checking shall consist of: On-site plans, street improvement plans, • lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan), I Ii f j Project: Homeless Shelter 1 Case No. CUP 08-21 Page 6 of 6 ' other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations) b) All improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. c) After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval. d) Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are alcn availabl- -• --Pl Works Web Site at'h :J/www sbcity org V "`'rge at the Public 6. Required Engineering Permits a) On-site improvements construction permit (except buildings - see Q ► Development Services-Building Division), including landscaping. b) Off-site improvement construction permit. 7. Applicable Engineering Fees a) All plan check, permit, inspection fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. b) The current fee schedule is available at the Public Works Counter and at http://www.sbcitv.orq i°; SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STANDARD REQUIREMENTS 5 t" DRC;ERC Casa: CONDITIONAL USE PERMIT NO.0&21 APN NUMBER: 140-222.12, 13 EPN NUMBER: 1996.105 REVIEW OF PLANS: DATE COMPILED: 6/17/2008 OWNER: COMPILED BY: Roderick,Crystal Faith Temple Apostolic Ministries DEVELOPER: Doug Schultz TYPE OF PROJECT: A Reguest tp cpmvert am existing church into a Homeless Facility with 64 beds,including small kitchen and offices. The project is located on approximately.45 acre on the west side of Sierra Way approximately 150 feel north of the 8th Street,in the RM. NUMBER OF UNITS: 0 LOCATION: Approximately.45 acre on the west side of Siena Way approximately 150 feet north of 8th Street WATER DEPARTMENT ENGINEERING- CONTACT Hemsley, Bill PHONE NUMBER: (909)384.5388 FAX NUMBER: (909)384-5532 Note:All Water Services are Subject to the Rules .Regulations of the Water Department iJ Size of Main Adjacent the Project 6"C.I. IN SIERRA WAY � Approximate Water Pressure - Elevation of Water Storage: i Type,Size,Location and Distance to Nearest Fire Hydrant 00&091 Hydrant Flow(o] 20psi: f` Water Supply Study Required ] Pressure Regulator Required on Customer Side of the Meter Offsile Water Facilities Required ❑ Water Main Reimbursement Due Area Not Served by San Bernardino Municipal Water Department Network Hydraulic Analysis Required per Uniform Design Standards Comments: "-EX.4"FIRE SERVICE 8 3/4"DOMESTIC SERVICE WATER QUALITY CONTROL CONTACT: Arrieta,Con PHONE NUMBER: (909)384-5325 FAX NUMBER: (909)384.5928 J; R.P.P. BackBow,Device Required at Service Connection for Domestic Service it Double Check Backilow Device Required at Service Connection for Fire and Irrigation Y Backflow Device to be Inspected before Water Service can be Activated _, No Backflow Device is required at this time SEWER CAPACITY INFORMATION CONTACT: Thomsen,Neil PHONE NUMBER: (909)384.5093 FAX NUMBER: (909)384-5592 Note:Proof of Payment Must be Submitted to the Building_Safety Department Prim to Issuance of the Building Permit ,] Sewer Capacity Fee Applicable at this time Sewer Capacity Fee must be paid to the Water Department for Subject to Recalculation of Fee prior to the Issuance of Building Permit 0 Gallons Per Day: Equivalent Dwelling Units: 0 _j Breakdown Of Estimated Gallons Per Day COPY TO: Customer; Planning; Engineering ,Thursday, July 31,2008 EPP4 Paryr. 1 •;f I I i WY OF !� -N , E_NNARDINO FIRE DEPARTMENT A'���+�RD REQUIREMENTS Case. Date: --__�__._. Reviewed By: GENERAL REQUIREMENTS: SProvide one additional set of cons;ucuun plans,o 3urmrng ;ntl 5afuty F;re Deparment use at time of pion check. Contact the City of San BernaMino Fir L'epartmani•;r ,,)364-565 Icy xperlfic detailed requirements. ❑ The developer shall provide for adequate lire Ilc.v. +ipnimum{ire!low regmr=Rents shall be based on square leafage,construction laatures,and e information supplied by the developer and must to avnilablo prime;a plac:ng combustible matenais on ails, WATER PURVEYOR FOR FIRE PROTECTiQN: exposure ❑ The fire protection water service for the area of;his projeC is provided by: ❑ San Bemardino Municipal Water C,, artmanl—;?;,-' OEast Valley Water Cistdet—En ineedng b no eying IF09J 364-.5391 Other Water purveyor. g (909)ii68-`r`� PUBLIC FIRE PROTECTION FACILITIES: — -- Ph°ne: ❑. 500 feet fire hydrants are required along streets at intervals not to excaad 300 feet for commercial and multi-residential areas and at intervals not to exceed 500 feet lot residential areas. ❑ Fire hydrant minimum flow rates of 1,500 gpm at a 20 psi,nfnimum residual pressure are required for commercial and multi-residential areas. Minimum fire hydrant flow rates of 1,000 gpm at a 20 psi minimum residual pressure are required tur re;kdantlal areas. ❑ Fire hydrant type and specific location shall be jointly Cetannined by the City of San gem hydrant materiels and installation shall conform to the standaMS and specifications of?he•motor purveyor. ❑ Public fire hydrants,tire s water antl public b water fncllifies necessary to mast Fire Cepartm no Fl�IDemente are the developer's with the water purveyor. Fire shall a installed by the water purveyor or by the developer at the rmler purveyor's dlsce"M1 1 Mquir :e•rater purveyor indicated above for adt101o try information. 3 d ACCESS: ❑ Provide two separate,dedicated rout:;,of ingross/egress to the property entrance.The routes shat be paved,all weather. ❑ Provide an access road to each bu;!runt'for;ire.rppa;etas. Ar,OUSa raadvay shall have an all-•.:zither driving surface of net less than 20 teat of unob- Provide Width, Q❑ Extend roadway to vithin 15n fee'01.all ror,4;ns.N the exlerier rr ell of all.ingle story build,';ys. Extend roadway le INN' SC feet Of:nt exterior•mall of all multiple-,fury buildings. a r to a ad"PARKING"signs whenav0r poking of vehicles v oultl pas;rble r-duce the,;learence of access roadways to less than the required width. 5. pa are to read"FIRE LANE—NO PARf;rar.M,(;•,::Ia +5.18. ❑ Dead-end streets shall net ets fp SC,, ii fan-;&and shall pave a minimum 40 mot ra.;iva Iurna;uuntl. re ❑ The names of any new streets ipubkc or pnvat:)shrh oe subruttea to the Fve D.0 real art us u lnar au. SITE: ❑ All access roads and streets are to Ca cons;;i•_:ad.erd„sable prior'0 t;:nbustt7le cc,in, ❑ exterior Ore hydrants shall be,111 beed to prulROt r,Ich uullaing IcCa**d snore ihan ;0 fe.a fir-1;a rwb sine. Alt fire hydrants should be within 40 feet of any eMenor wall.The hydrants shall be -x 8amr1,yps v ilh u:le 2'I inch and l.inch o:Ner. and n hydrants shall be designated as a""lti;=A:i(IYG'„;ne:;y p rioting an,j inch vtide,red o-.+pe rr, g i of nt aacnre Department Areas adjacent to fire manner that it will not be blocked by pnrkRd /.S..ciais. ;_euaring to;:e ur t,hite o'by,n*. y direction in front of the h tlrent in such a I A ress : Address numerals shall be address H'd an 4m!r,ng if Ih:r i;ant o;,cthsr a(p,,;,Ao Ir;eti;r h r ntarV.Rr.m to be visible from the frontage street. Com- mercial and multi family adtlrxss num�r r '.n V c irchis la I c,n le amity address x,•1.;r :5,•hart be 4 inches IaO.The rotor of the numerals shall can- trasl with the color of:he baC.�rrr,d, -Identify each gas and electric ns!rr-..nt , Fire extinguishers must be rrstalkid pn , r , r ^rr ii n r`° fire extinguishers must be uc r thai, r❑ Apartment houses with l6 or nicri , : tIM uishar Ls ?A 108/C. Minimum distribution of ^e:ding;rahar. All equipped ul in with automatic hm pooh __ , Is Ia„=s)th•ra ;lodes rr more in height shall be All Wjildirgs,over S,GCO recant over 385 days. O - n, �•. 'If-?A snrdards This includes existing buildings Submit plans for Die!ire rrc or Tenant improvements.n al pr, r . - ” g Provide fire alarm frcgmrwi hrc gh u;, - P +n r 1t p r n al rstwcfron.Permit required. Fire Department connection r c , ' ° o' pa In t ill. -;r:I t n.Permit Paturrry. Fue Code Perron re '' " QUr'ed pal r ,P 9 ,ttr d ,i]dbD. o�fre Sprinkler monitoring r cu, J Load. - 5 �''J n -3 p•.r,Inent p-x1rt0 the yr of rmg-liction.Poffnd required Note: The applicant must requasl.m-fil,ny, -;. .. —' ---•• _ r ='o ry C:µ,"mor:ragou+m nts - ADID�TONAL INFORMATION: yam'/, -N/- _Erb j--"I n .I AJO(hva !RRJ✓112_ ,�crr! FACT- Y✓ ` — -- -- ° f� aom. - ice nnrn>✓ni i s City of San Bernardino Sax Bernar mn STANDARD REQUIREMENTS y Development Services/Plan Check Division Property Address: /CU ()%—V DATE: 0 NOTE: NO PLANS WILL BE ACCEPTED FOR PLAN CHECK WITHOUT CONDITIONS OF APPROVAL TS. I".IPRINTED ON PLAN SHEE Submit 6 sets of plans,minimum size 18"a 24",drawn to scale. If plan check is for expeditious review,submit 6 sets. The plans shall include(if applicable): • SITE PLAN(include address & assessors parcel number) • FOUNDATIONPLAN • FLOOR PLAN(label use of all areas) • ELEVATIONS • ELECTRICAL,MECHANICAL & PLUMBING PLANS • DETAIL SHEETS(structural) • CROSS SECTION DETAILS • SHOW COMPLIANCE WITH TITLE 24/ACCESSIBILITY(disabled areas) • PLAN CHECK DEPOSIT FEE WILL BE REQUIRED UPON SUBMITTAL OF PLANS, CALL DEVELOPMENT SERVICES (PLAN CHECK)FOR AMOUNT. NUMBER TO CALL: (909)384-5071 I. The title sheet of the plans must specify the occupancy classification, type of construction,if the building has sprinklers and the current applicable codes. 2. The person who prepares them must sign the plans. Also,provide the address and phone number of that person. Some types of occupancies require that the plans are prepared, stamped and signed by an architect, engineer or other person licensed by the State of California. 3. For structures that must include and engineers design, provide 2 sets of stamped/wet signed calculations prepared by a licensed architect/engineer. 300 N 'D'Street San Bernardino,CA 924 18 (909)384-5071 Office (909)384-5080 Pox 4. Provide 2 sets of Title 24/Energy compliance forms and calculations. Some compl are required to be printed on the plans, iance forms 5. Submit grading, site and/or landscape plans to Public Works/Engineering for plan check approval and permits. For more information, phone (909) 384-5111. i 6. Fire sprinklers plans, fire suppression system plans, etc. shall be submitted to the Fire Department for plan check approval and permits. For information, phone(90 h 384-5388. 7. Signs require a separate submittal to the Planning Division for plan check approval and permits. For information, phone (909)384-5057. 8. Restaurants,food preparation facilities and some health related occupancies will require clearances and approved plans from San Bernardino County Health Department. For information, phone(909)387-0214. 9. Occupancies that include restaurants, car washes, automotive repair/auto body, dental offices, food preparation facilities or processing plants, etc. may require approvals and permits from San Bernardino Water Reclamation. For information, phone(909)384-5141, 10. An air quality permit may be required. Contact South Coast Air Quality Management Division for information at(909)396-2000. 11. State of California Business & Professions Code/Contractors License Law requires that permits can be issued to licensed contractors or owner-builders (that are doing the work). Contractors r" must provide their State License Number,a city business registration and workers compensation policy carrier and policy number. Owner-builders must provide proof of ownership. NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATELY 4-6 WEEKS FOR FIRST CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING DAYS, THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT CORRECTIONS. Comments: 2007 California Building Codes apply. Protected openings at property lines. Redo the area tabulations based on the 2007 CBC. Verify fire protection of exterior walls at rear/side PL. Provide details of construction. N 300 N 'D'Street San Bernardino,CA 92418 (909)384.5071 Office 19091384-5180 Fa[ i I City of San Bernardino Public Services Department Standard Development Requirements 300 North D Street - 4"' Floor San Bernardino, CA 92418 COMMERCIAL&INDUSTRIAL DEVELOPMENT Collection Services I. The collection or transportation of refuse, recyclable discards, or green waste from any commercial and industrial locations within the City shall be provided by the City of San Bernardino Public Services Department unless otherwise franchised or permitted. [MC§ 8.24.1401 Z. New accounts require a completed Service Application, with a full deposit and a copy returned to the City of San Bernardino Refuse& Recycling Division prior to issuance ofhe final Certificate of Occupancy.units, 3. Shared refuse and recycling services for multi-tenant commercial sites shall be billed to a single owner or property ro e rty manager; I leases shall include terms to accommodate sub-metered services. g 4. All refuse containing garbage, such as food, vegetable, or animal wastes, shall be removed at least twice weekly, and all other solid wastes shall be removed at least once weekly. [SB County Health, Sanitation and Animal Regulations§33.0831 5. All commercial establishments generating 6 cubic yards or more of solid waste per week shall establish City recycling services for maximum diversion within 30 days of opening business, gl establish an alternative diversion program to be identified in the IWM Survey for the project. Automated Cart Service to Nonresidential Facilities G. Nonresidential establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic yards or less of non-bulky waste per week and are located on the same side of a residential block receiving automated cart service shall meet residential rather than commercial requirements. Service vehicle Access Projects shall meet City Engineering requirements for commercial vehicle drive access along the main ingress to and egress from enclosures. t City Engineering requirements it or co emenral vehicle ve drive 8. Property without through access shall incorporate at least one of the following designs: • A cul-de-sac with a 40-foot turning radius for a 32-foot vehicle length • A hammerhead turn with a 40-foot turning radius for a 32-foot vehicle length Gated Access 9. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and S PM Monday through Saturday shall provide access code or key to Public Services. Shared Collection Areas—Reciprocal Access 10. Front-load bin enclosures and roll-off compactor units may be shared across existing or proposed property lines if enclosures or equipment provide adequate capacity for anticipated refuse and recyclable materials generation, AND if Reciprocal Access for shared collection areas is recorded with[he property, Roll-off Compactor Units I I. Sealed compactor units dedicated separately to refuse and recyclables may be required to be installed at facilities with an anticipated waste generation of 60 uncompacted cubic yards per week. 12. R011off compactor units must be installed according to manufacturer's and City Engineering specifications with the compactor hopper and roll-off box on a concrete slab with a minimum 3-foot continuously 13, Rolloff boxes at locations receiving City service must meet City rail and hook specifications per C'ry Engineering Standard 510. Boxes shall be designed with disposal end opposite hook-up. boxes with same-side design may be subject to a roll-back charge. 14. Compactor equipment shall be screened from view of public right-of--way by materials compatible with building architecture .and landscaping as specified by City of San Bernardino Development Code. [MC§ 19.20.030 (2 111 :xss ocation, orientation, and dimensions of enclosures, enclosure gates, pedestrian entry, compactor pads, and compactor reening, shall be shown on site plans and labeled that construction shall meet City Engineering Standards. MD/PS 6.27.2003 City of San Bernardino Public Services Department Standard Development Requirements Page 2 of 2 Existing Bin Enclosures 16. Existing bin enclosures must have minimum inside dimensions of 7'9"x 9'OR 15'x 4'5"to fit two 3CY bins. Existing enclosures must have block walls, inside bumper guards or curbing, and solid steel gates. OR enclosurefs) must be reconstructed to meet Engineering Standard 508. Enclosure may be relocated for best drive access and alignment plans subject to Public Services approval. /P/ease note /fsite wi//generate 2CYor7ess ofso/id waste per week see Residential C subject t o options/ Front-load Bin Enclosures&Access 17. Minimum double-wide enclosures of 8 feet by 15 feet shall be required for all development to allow for dedicated recycling bins, except where potential waste generation or space is restricted. [Specifications adopted in accordance with Model Ordinance as required by CA PRC§42911] 18. Front-load compactor units must be contained lengthwise. in an enclosure large enough to hold the unit and one additional bin facing 19. Front-load bin and compactor enclosures must be constructed according to City Engineering pedestrian entry shall be provided on enclosures for all multi-unit residential development. Pedestrian entry on free-standing enclosures shall have a 4-foot width,no gate or door,and an U shaped block scr a the same eight of the enclosure. r side 20. Pedestrian access from building exit to bin encl crossing curbs, steps, or driveways. osure shall be a minimum 4 feet wide and continuous) paved, without 21. Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surface water. 22. Enclosures must be at least 5'from combustible walls, eave lines,or openings. (98 CA Fire Code§ 1 103.2.21 23. Only refuse bins and the contents therein for disposal may be stored in refuse enclosures.All other equipment fixtures, and Prohibited.materials such as electrical panels, circulation or exhaust ducts or vents, grease bins, or surplus supplies are strictly Z4. Enclosures shall buffered with landscaping when viewable m public right-of-way, and vegetation shall not restrict gates or exceed height fro of enclosure. Include vegetation on landscape plans. S. Enclosures shall be located with gates aligned for straight access for service vehicles. 26. Enclosures shall not obstruct drive aisles, driveways, loading zones,parking, handicap access, or visibility of cross-traffic from drive aisles, alleys, or streets. Location shall not cause service vehicle to block access drives during while bins are being serviced. 27. Enclosure gates shall not open into drive aisles,parking spaces, or walkways Enclosures placed adjacent to parking shall be separated o a minimum 2-foot wide curbed area out to the farthest point of both gates, and designed to safely restri gates from opening into parking spaces or landscaped areas.. restrict 28. Location, orientation, and dimensions of enclosures, enclosure labeled that construction shall meet City Engineering Standards. gates,and pedestrian entry, shall be shown on site plans and Multl-unit Dwellings ?9. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved. 30. Disposal chutes incorporated into multi-story buildings must have dedicated chutes for refuse commingled recyclables. Both chutes shall be clearly and permanently labeled at each chute opening and exit. [Specificatio6 ns adopted in accordance with Model Ordinance as required by CA PRC§429111 f MD/PS 6.27.2003 j ' CITY OF SAN BERNARDINO PLANNING COMMISSION FINDINGS AND CONCLUSION OF THE COMMISSION IN THE MATTER OF CONDITIONAL USE PERMIT NO. 08-21 Proposed for adoption at regular meeting of November 5, 2008 (Matter continued from regular meeting of October 16, 2008 for adoption of findings) FINDINGS AND CONCLUSION Based on the evidence presented at the public hearing and the written record consisting of the materials submitted by the applicant, City staff, and members of the public, the Commission finds: 1. BACKGROUND FACTS 1.1 The applicant seeks a Conditional Use Permit for an Adult Education, Employment and Residential Center. The applicant states that the occupants of the facility would be homeless individuals. 1.2 Abutting the proposed project site to the north, west, and south of the site are residential properties in the Residential Medium land use district. Directly across the street from the site are single-family residences in the Residential Medium-High district. 1.3 There are currently ten existing homeless shelters in the City of San Bernardino and two more under construction. Existing facilities provide 265 beds. Space for another 164 beds is under construction. 1.4 On October 20, 2008, the Mayor and Common Council of the City of San Bernardino enacted an urgency ordinance establishing within the City the Emergency Shelter Overlay District. The Overlay District consists of designated area within the Industrial Light land use district in which emergency shelters are allowed as a permitted use without a conditional use permit or other discretionary permit. 2. PROJECT REVIEW STANDARDS The applicant asserted before the Planning Commission that its proposed project was required to be reviewed under the provisions of California Government Code section 65589.5, subdivision (d). Those provisions limit the ability of a local agency to deny approval for a proposed "emergency shelter." 'y I i j The Commission finds that the proposed project, described by the applicant as an Adult .% Education, Employment and Residential Center (AEERC), does not share the characteristics of an emergency shelter as set forth in California Government Code section 65582 and California Health and Safety Code sections 50801 and 50801.5, in that: 2.1 Spaces at the AEERC would not be filled on a first-come-first-served basis, by admitting any person needing emergency shelter who requested admission. Instead, prospective residents would be required to have a referral source to enroll at the facility. In addition,potential residents would be screened for suitability based on their ability to benefit from an intensive training program, 2.2 The AEERC would not provide minimal supportive services for homeless persons, but would instead require participation in a full curriculum of educational activities for which not all individuals seeking emergency shelter would qualify. 2.3 Occupancy of the AEERC would not necessarily be limited to six months but rather, according to the applicant, an extension could be allowed, on case by case basis. 3. PUBLIC SAFETY CONCERNS 3.1 The Commission finds that it is likely that many or all of the occupants of the AEERC would be individuals on parole or probation. The San Bernardino Police Department advised the Commission that the resident population of the applicant's similar facility in the Riverside area consisted entirely of parolees and probationers. 3.2 The Commission further finds that there is already a high concentration of parolees/probationers in the area of the proposed project, which along with other conditions makes it difficult for the Police Department to service the area. The Commission finds that the applicant was asked whether it would consider excluding parolees/probationers or limiting their number at the proposed facility, but the applicant was unable or unwilling to do so. 3.3 The Commission finds that past experience with parolee/probationer housing facilities in the City has been unsatisfactory. From August 1998 to May 2001, a 24-unit Facility operated on North H Street. The concentration of parolees/probationers resulted in an extreme number of calls for service that forced the Police Department, in conjunction with Code Enforcement and other elements of the City, to shut down the facility in the interest of public safety. From 1999 to 2002, a 14-unit apartment parolee/probationer facility operated on North H Street. As a result of an extremely high incidence of calls for service associated with parolees, the Police Department eventually shut that facility down as well. 3.4 In view of this prior experience, the Commission has concerns regarding security at the proposed facility if, as appears to be the case, all or a substantial portion of the residents would be parolees/probationers. The Commission finds that these concerns have not been adequately addressed. In particular, the applicant did not provide any specificity as to what security training it would give personnel in charge of managing the facility. 3.5 The Commission also has concerns regarding the applicant's procedures for discharging residents, which concerns the Commission finds have not been adequately addressed. The applicant stated that if a resident of the proposed facility were under the influence of a mind altering substance not prescribed, the person would be given a referral for shelter for the night and asked to leave the facility immediately. There was no mention of any intent to contact the Police Department in that event. The Commission is concerned that this situation could lead to the release of a dangerous individual into the community without knowledge. the Police Department's 3.6 The Commission finds that security concerns raised by the potential for unsupervised release of facility residents into the community have not been adequately addressed. The applicant stated that it planned to maintain a day laborer program, but there was no indication of whether the facility would allow residents out on the street unsupervised to permit them to get dayjobs. 4. LAND USE CONFLICTS The Commission finds that adverse impacts on neighboring land uses would result from approval of the project that could not be avoided with the adoption of the ameliorative measures the applicant was able and willing to adopt. The most notable of these impacts would be the effect of the project on Option House, a women's shelter for victims of domestic violence, and on the planned Lincoln II Elementary School. 4.1 Option House was the first domestic violence shelter in California and has been at its location for 26 years. The facility is located in close proximity to the proposed project site. It maintains 32 beds, not counting cribs. Victims of domestic violence sometimes are placed at Option House the same evening they report being abused, at a fragile. time when they are particularly 4.2 Option House is the only domestic violence shelter located in the central San Bernardino Valley region. The Commission finds that if a facility that might be housing domestic abusers were located in close proximity to Option House, domestic violence victims in the central Valley region might be discouraged from turning to Option House. 4.3 Women residing at Option House who have employment or are students must continue to attend work or school. In addition, other Option House residents must leave the facility from time to time to attend to daily affairs. Due to the proximity of Option House to the Proposed project site, if the project were approved Option House residents would have occasion to walk by the AEERC. The Commission finds that the possibility that perpetrators of domestic violence, and potentially the actual perpetrator of violence against an Option House resident, 3 f ' could be residing in close proximity would increase fear in the Option House residents and interfere with their free enjoyment of the shelter and its environs. 4.4 According to the applicant's Chief Operations Officer, among the training programs offered at the AEERC would be anger management and domestic violence training. In addition, the applicant stated it would not conduct criminal history checks on prospective residents who are on parole or probation. The Commission finds, therefore, that it appears the AEERC would accept residents with a history of domestic violence. 4.5 The proposed project site is located about 150 feet from the site of the planned Lincoln II Elementary School. The school is planned to begin operation in 2011. The Commission finds that undesirable contacts between students walking by the facility and residents of the facility likely would occur. 4.6 The applicant proposed that it mitigate the impacts of the project on the school by agreeing to relocate the AEERC after two years, when the school is expected to open, and to replace the AEERC at that time with a use that would complement the school, such as providing youth-oriented educational programs. However, the applicant never specified what the subsequent use would be, what would happen if the planned subsequent use proved infeasible at the end of the two years, or what would happen if the property were sold. The Commission finds that without specific information on these points, the proposal that a limited-term conditional use permit be granted cannot adequately be considered. The Commission further finds that a limited- term conditional use permit, even if followed by an appropriate subsequent use, would not mitigate the immediate conflicts with the neighboring land uses that would exist if the proposed project were approved. 5. ZONING AND GENERAL PLAN CONFLICTS 5.1 The Commission finds that the proposed AEERC would be inconsistent with both the City's zoning ordinance (Development Code) and its General Plan, as they existed on the date the project application for CUP No. 08-21 was deemed complete, May 27, 2008. 5.2 Section 19.04.030(2)(T) of the Development Code requires social services to conform to the residential density standard of the underlying land use designation, and to have a level of intensity compatible with the residential district surrounding the site. As originally proposed, the project was to accommodate 56 residents. After consultation with staff, the applicant agreed to reduce the number of residents to 36. However, even that number would be at the extreme high end of the density allowed for the land use district, and would be the equivalent of assuming the maximum permitted number of dwellings on the .1%-acre site (6), each with the maximum number of assumed residents per dwelling (6). The actual intensity of the use would be even greater, given the staffing requirements and the non-residential activity that would occur at the site on a daily basis. 4 5.3 Furthermore, Section 19-04.030(2)(T)(9) of the Development Code requires a one-acre minimum site area to establish a social service in a residential land use district. The Commission finds that the %:- acre project site does not conform to this standard of the zoning ordinance. 5.4 The Commission further finds that the proposed project would not be consistent with the General Plan in that, for the reasons noted above, the proposed project would alter the character of the surrounding neighborhood. Existing homes in the immediate vicinity of the proposed project are single-family residences. The Commission finds that introduction of a social services facility with a dense residential component would conflict with General Plan Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding land uses." General Plan Policy 2.2.10 provides: "The protection of the quality of life shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public." 6. CONCLUSION For the reasons previously noted, the Commission finds that the proposed project would impair the integrity and character of the surrounding residential neighborhood where the project is proposed. Therefore, the Commission concludes that the necessary findings to approve Conditional Use Permit No. 08-21 cannot be made. :rte 5 10/05/09, Item No. 30 Item History Backup distributed on 3/16/09, Item No. 24 New backup distributed on 9/21/09. Item No. 35 i 35. Continued. Approved MOTION: That the matter be continued to October 5, 2009. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx END OF PLANNING ITEMS 36. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission on a matter not on the agenda. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. (Usually any items heard under this heading are referred to staff for further study, research, completion and/or future Council/Commission action.) NB1. Report of registered sex offender working at the Church of the Nazarene near the campus of the central Operation Phoenix facility and the Soar School Academy Approved MOTION: That the matter arose subsequent to the posting of the agenda. Approved MOTION: That Pastor Rhone be advised that he may not have Mr. Hoyt or any other registered sex offender on his premises at any time, and if he can't agree to that, the City will stop paying rent to him and will find another location for that Operation Phoenix center. 37. Adjournment. Consensus MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, October 5, 2009, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. DI� 16 09/21/2009 PLANNING ITEMS xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx TO BE HEARD AT 4:30 P.M. CONTINUED FROM AUGUST 17, 2009 Development Services 35. Appeal Hearing - 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 facilities and office space located at 840 North Sierra Way in the RM, Residential Medium, land use district. (Backup distributed on March 16, 2009, Item No. 24; item continued to April 6, 2009, Item No. 36; item continued to April 20, 2009, Item No. 47; item continued to May 18, 2009, Item No. 28; item continued to June 1, 2009, Item No. 38; item continued to June 15, 2009, Item No. 46; item continued to July 6, 2009, Item No. 64; item continued to July 20, 2009, Item No. 29; item continued to August 3, 2009, Item No. 39; item continued to August 17, 2009, Item No. 38) Ward 1 Owner: Faith Temple AP Ministries 840 North Sierra Way San Bernardino, CA 92401 Appellant: Dr. Garnett Newcombe Human Potential Consultants, LLC 500 East Carson Plaza Dr. No. 127 Carson, CA 90746 Mayor to open the hearing. . . No Action Taken Recommended MOTION 1: That the hearing be closed; and that the Mayor and Common Council grant the appeal and approve Conditional Use Permit No. 08-21 based on the recommended Findings of Fact and subject to the recommended Conditions of Approval. OR No Action Taken Alternative MOTION 2: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission's denial of Conditional Use Permit No. 08-21 based on the Findings of Fact as recommended on April 6, 2009. (Item Continued on Next Page) 15 09/21/2009 i CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Conditional Use Permit No. 08-21 — Appeal of the Planning Commission's denial of a Conditional Use Permit to convert an existing 6,747 square foot Dept: Development Services church building into a 56-bed homeless shelter with related support and office space located at 840 North Date: August 26, 2009 Sierra Way in the RM, Residential Medium land use district. (Appeal No. 08-07) MCC Date: September 21, 2009 Synopsis of Previous Council Action: 03/16/09 Mayor and Council continued the matter for further review by City Attorney. 04/06/09—08/17/09 Mayor and Council continued the appeal pending a search for an alternative site in the Emergency Shelter Overlay District. Recommended Motion: That the hearing be closed and that the Mayor and Common Council grant the appeal and approve Conditional Use Permit No. 08-21 based on the recommended Findings of Fact and subject to the recommended Conditions of Approval. Alternative Motion: That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold the Planning Commission's denial of Conditional Use Permit No. 08-21 based on the Findings of Fact as recommended on April 6, 2009. rd G.;Cw- Valerie C. Ross Contact person: Terri Rahhal, City Planner Phone: 3330 Supporting data attached: Staff Report Ward: 1 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) Acct. Description: Finance: Council Notes: Agenda Item No. 35 +21-01 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 (Exhibit 1 —Location Map). Owner: Appellant: Faith Temple AP Ministries Dr. Garnett Newcombe, CEO 840 North Sierra Way Human Potential Consultants, LLC San Bernardino,CA 92401 500 East Carson Plaza Drive, Suite 127 909.215.8683 Carson, CA 90746 310.756.1560 Background: The subject of this appeal is the Planning Commission denial of Conditional Use Permit (CUP) No. 08-21, a request by Human Potential Consultants, LLC (HPC) to convert an existing 6,747 square foot church building into a 56-bed homeless shelter at 840 North Sierra Way. Prior to the Planning Commission denial of the CUP application, HPC voluntarily revised the application to propose a 36-bed facility. HPC also voluntarily proposed a sunset date for operation of the proposed shelter to cease prior to opening of Lincoln II Elementary School, planned for construction in 2010. The Planning Commission considered CUP No. 08-21, including the revisions proposed by HPC, and denied the application on November 5, 2008. The primary reason cited for the denial was incompatibility of the proposed emergency shelter with the anonymity and security of the Option House, an existing domestic violence shelter in the vicinity of the project site. On March 16, 2009, the Mayor and Council heard the item, including written comments from representatives of the Option House, who were unable to attend the hearing. The matter was continued for further review of alternative actions. On April 6, 2009, the appeal was considered, including testimony from representatives of the Option House. When HPC agreed to consider a different site, the Mayor and Council directed staff to work with the appellant to seek an alternative site for HPC to establish an emergency homeless shelter. The appeal hearing has been continued several times,pending the outcome of the search for an alternative site. Staff met with HPC on several occasions to discuss potential alternative sites, focusing fast on sites in the Emergency Shelter (ES) Overlay District. Finding no available buildings suitable for the shelter facility proposed by HPC, the search was expanded to identify a suitable site that might be added to the ES Overlay District. Over 30 sites were considered, and two potential sites were identified to recommend to the Mayor and Council: 225 West Orange Show Lane and 673 South Waterman Avenue. The Orange Show Lane site was constrained by a covenant prohibiting residential use of the site. On August 17, 2009, a motion to refer a Development Code Amendment proposal to the Planning Commission that would add 673 South Waterman Avenue to the ES Overlay District and permit establishment of an emergency shelter on the site failed. 2 '�► Financial Imoact: None. The appellant has paid applicable processing fees. Recommended Motion: That the hearing be closed and that the Mayor and Common Council grant the appeal and approve Conditional Use Permit No. 08-21 based on the recommended Findings of Fact and subject to the recommended Conditions of Approval. Alternative Motion: That the hearing be closed and that the Mayor and Common Council deny the appeal and uphold the Planning Commission's denial of Conditional Use Permit No. 08-21 based on the Findings of Fact as recommended on April 6, 2009. Exhibits: 1. Location Map 2. Findings for Approval of Conditional Use Permit No. 08-21 3. Conditions of Approval for Conditional Use Permit No. 08-21 3 EXHIBIT 1 CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP HEARING DATE: 09/21/2009 PROJECT: Conditional Use Permit 08-21 (Appeal 08-07) NORTH Project Site I+1 e!J `3 T1" (C) City of San Bernardino o4 ft vd,. � • ' EXHIBIT 2 FINDINGS OF FACT FOR APPROVAL OF CONDITIONAL USE PERMIT NO 08-21 1. The proposed use is conditionally permitted within, and would not impair the integrity and character of the subject land use district and complies with all of the applicable provisions of the Development Code. The proposed project is an emergency homeless shelter, which is permitted in the RM, Residential Medium density land use district, subject to approval of a Conditional Use Permit. Management plans proposed by the applicant, combined with the recommended Conditions of Approval will ensure compliance with requirements of the Development Code. Resident screening standards and disclosure requirements in the Conditions of Approval will help protect the security anonymity of the Option House domestic violence shelter, which is vital to the integrity of the existing neighborhood. 2. The proposed use is consistent with the General Plan. General Plan Goal 3.4 "Assist the provision of housing for residents with special needs." is partially implemented by Policy 3.4.7, which says "Permit shelters for the homeless and transitional housing by Conditional Use Permit in all multi-family zones designated RM or greater, and downtown in areas designated CR-2." Since adopting Policy 3.4.7, the Council has gone further to also permit emergency shelters in the IL, Industrial light land use district subject to a CUP, and by creating the Emergency Shelter Overlay District, where emergency shelters are permitted through a non-discretionary permit process. Approval of CUP No. 08-21 to provide an emergency shelter in the RM land use district is consistent with the cited goal and policy of the General Plan. 3. The approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and Section 19.20.030(6) ofthe Development Code. Development of the proposed project is exempt from review requirements of the California Environmental Quality Act (CEQA) under Section 15301 for minor alterations to existing facilities. The Development/Environmental Review Committee (D/ERC) evaluated the project site and development plans to confirm that the CEQA exemption is applicable, in compliance with procedures set forth in Section 19.20.030(6) of the Development Code. 4. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. No potentially significant physical impacts on the environment or on natural resources were identified by the D/ERC in the review of the proposed project. The project site is already developed in an urbanized area served by the necessary infrastructure, utilities and public services. Utilization of the site for the proposed use would not create a significant effect on natural resources or the environment. rm� 5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. The location, size and design of the proposed project are adequate to accommodate the proposed use, an emergency shelter for the homeless, with minimal improvements to the existing structure and the project site. Conditions of approval will be applied to ensure public safety, including a sunset clause proposed by the Applicant to cease operations and convert the facility to a non-residential youth-oriented facility prior to occupancy of Lincoln II Elementary School, planned for construction at the southwest corner of Sierra Way and 8h Street. Other conditions prohibit residency of individuals who have been convicted of violent crimes, including domestic violence offenses, and also prohibit disclosures that could be detrimental to the continued operation of a nearby domestic violence shelter. The proposed project, if operated according to stated plans and in compliance with the Conditions of Approval, would be compatible with the surrounding neighborhood and would not be detrimental to the public interest, health, safety, convenience or welfare of the City. 6. The subject site is physically suitable for the type and density/intensity of use being proposed The proposed emergency shelter use would occupy an existing structure with a density of residential occupancy comparable to multi-family residential uses permitted in the RM, Residential Medium land use district. No major alterations to the existing structure or site improvements would be required to accommodate the proposed use. Therefore, the site is physically suitable for the emergency shelter proposed by CUP No. 08-21. 7. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. The site is located in an urbanized area and is already developed with a 6,747 square foot building and parking improvements. A full range of utilities and public services are available to serve the site. Conditions of approval are proposed to protect the anonymity of the Option House domestic violence shelter and to protect Option House residents from inadvertent contact with their batterers or acquaintances of their batterers. This requirement, combined with other conditions of approval discussed in these findings will help minimize potential impacts on public health and safety. EXHIBIT 3 CONDITIONS OF APPROVAL Conditional Use Permit No.08-21 1. This approval is for conversion of an existing 6,747 square foot church building into an emergency shelter to house homeless persons. As previously proposed by the Applicant, a maximum of 36 homeless persons shall occupy the shelter at any time, each of whom may reside at the facility for up to six months. The project site is located at 840 North Sierra Way, in the RM, Residential Medium Land use district. The facility shall be staffed 24-hours per day, but site activities shall be limited during the hours from 10:00 p.m. to 7:00 a.m., to he compatible with the surrounding residential neighborhood. 2. Within two years of this approval, all necessary building permits shall be obtained and commencement of work/construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of work/construction, the work/construction is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits shall be obtained prior to commencement of specified construction activities included in the Conditions of Approval and Standard Requirements. Expiration Date for Lack of Action: September 21, 2011 3. The review authority may grant a one-time extension, for good cause, not to exceed 12 months. The Applicant must file an application, the processing fees, and all required plans and application materials 30 days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code requirements in effect at the time of the extension request. 4. As previously proposed by the Applicant, this approval shall automatically expire upon completion of the construction of Lincoln II Elementary School, planned for construction at the southwest comer of Sierra Way and 8s' Street. At that time, the shelter shall be vacated and the facility shall be converted for a non-residential youth-oriented use, compatible with the new school. The Applicant shall execute all documents necessary to give legal effect to this condition. 5. In the event that this approval is legally challenged, the City will promptly notify the Applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the Applicant agrees to defend, indemnify, and hold harmless the City, the Economic Development Agency, the Redevelopment Agency, their affiliates, officers, agents and employees from any claim, action or proceeding against the City of San Berardino. The Applicant further agrees to reimburse the City, the Redevelopment Agency or the Economic Development Agency for any costs and attorneys' fees which the City, the Redevelopment Agency or the Economic Development Agency may be required by a court to pay as a result of such action, but such participation shall not relieve the Applicant of his or her obligation under this condition. CUP No. 08-21 Conditions of Approval MCC 9121109 Page 2 The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "attorney's fees" for the purpose of this condition. As part of the consideration for issuing this permit, this condition shall remain in effect if this Conditional Use Permit is rescinded or revoked, whether or not at the request of Applicant. 6. In furtherance of the Applicant's stated intent that the facility serve the needs of the homeless population of the City of San Bernardino, residence at the facility shall be limited to homeless persons who resided in the City of San Bernardino immediately prior to becoming homeless. 7. The facility shall provide emergency shelter services on a fast-come-first-served basis for whatever time periods are established by the facility. No individual or household shall be denied emergency shelter at the facility because of an inability to pay. 8. The facility shall provide emergency shelter to homeless persons referred by the San Bernardino Police department, unless there is no unfilled bed at the facility at the time the referral is made. 9. A total of no more than six persons who are on parole or probation shall reside at the facility at any one time. "Persons who are on parole or probation"include: a. Any individual who has been convicted of a federal crime and sentenced to a term of supervised probation or sentenced to a term of imprisonment in a federal prison, and granted conditional and revocable release into the community under the supervision of a federal parole officer. b. Any individual who has been convicted of a state crime and sentenced to a term of supervised probation or sentenced to a term of imprisonment in county jail or in a state prison and who is serving a period of supervised community custody, as defined in California Penal Code section 3000, and is under the jurisdiction of the California Department of Corrections and Rehabilitation, Division of Adult Parole Operations or Division of Juvenile Justice. c. An adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release into the community under the supervision of a Youth Authority Parole Officer. 10. The facility shall not admit any person convicted of a "violent felony" as defined in California Penal Code section 667.5, subdivision (c) or a "serious felony" as defined in California Penal Code section 1192.7, subdivision(c). 11. The facility shall not admit any person convicted of a violation of California Penal Code section 273a, subdivision (a); section 273ab; section 273d; or section 273.5. CUP No. 08-11 Conditions of Approval MCC 9111109 Page 3 12. The facility shall not admit any person who is required to register pursuant to the Sex Offender Registration Act, California Penal Code sections 290—290.023, inclusive. 13. The facility shall not admit any person who is required to participate in or to complete a batterer's program pursuant to California Penal Code section 3053.2, subdivision(b). 14. The facility shall not admit any person who has committed, or is alleged to have committed, an act of violence against an individual housed at Option House, Inc. If at any time the Applicant is notified or becomes aware that such a person is residing at the facility, the Applicant shall immediately transfer that person to another facility. The Applicant shall not disclose to the person who is required to leave that exclusion is required because of the presence of Option House or the victim who is housed there. 15. Neither the Applicant nor the facility staff shall at any time disclose the location of Option House or the name or location of any resident of Option House to any person, including but not limited to any prospective, current, or former resident or staff member of the facility, except as may be required by law. 16. The facility shall provide the San Bernardino Police Department with an up-to-date list of the names, dates of birth, and identifying information of all residents of the facility at all times, on a weekly basis and whenever a new resident is admitted. The Applicant shall cooperate with the San Bernardino Police Department in identifying facility residents who are on probation, parole, or have Fourth Amendment waivers or outstanding warrants, and, when warranted under the law, provide officers with access to those residents and their living spaces. 17. The Applicant shall provide the San Bernardino Police Department with access to the sign-in and sign-out records maintained by the facility upon request. 18. The Applicant shall provide a security plan for the facility which shall be approved by the San Bernardino Police Department prior to occupancy of the facility. Approval shall be based on objective standards including but not limited to qualifications and training of security personnel, control of residents' presence in or absence from the facility, security devices and curfew hours. The security plan shall include procedures for facility staff to follow in the event of a disturbance that may require expulsion of a shelter resident and/or a call for emergency services. The facility shall have at least one staff member at the facility at all times whose sole duty shall be to maintain security at the facility. 19. As previously proposed by the Applicant, the staff of the facility shall consist of residents of the City of San Bernardino, except in cases where there is no resident of the City of San Bernardino available and qualified for the position to be filled. 20. When facility staff prepare a Contraband Report after discovering contraband (for example, illegal drugs or weapons) on a facility resident, a copy of the report shall be provided to the San Bernardino Police Department. CUP No. 08-11 Conditions ojApproval MCC 9121109 Page 4 21. Signs are not approved as a part of this permit. If the Applicant desires signage, a separate application is required for approval of a sign permit by the Planning Division, subject to the sign regulations of the Development Code for residential districts. 22. Residents of the facility shall not park or access private vehicles at the facility. 23. All exterior lighting shall be energy efficient and shielded as necessary to prevent glare on neighboring properties. 24. Any future proposal to modify the architectural design, the color of the building or other exterior finish materials shall be submitted for review and approval by the Planning Division prior to commencement of work, 25. Outside displays and/or storage shall be prohibited. 26. The applicant shall be responsible for regular maintenance of the project site. Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 24 hours. 27. Any security bars or security doors shall be installed on the inside of the structure only. Video surveillance equipment installed or used on the exterior shall be painted to match the structure, or treated to blend with the architecture. 28. The applicant shall construct a 6-foot wrought iron fence around the perimeter of the site. 29. The site improvement plans shall be in substantial conformance with Conditional Use Permit No. 08-21 approved by the Mayor and Common Council. Minor modifications to the plan(s) shall be subject to approval by the Director of Development Services through a minor modification permit process. Any modification which exceeds 10% of the following allowable measurable site design considerations shall require the re-filing of the original application and a subsequent hearing by the appropriate review authority if applicable: a. On-site circulation and landscaping. b. Placement and/or height of walls, fences and structures. c. Minor lot line adjustments, provided the lot area of each approved lot shall not be reduced below the minimum lot area permitted in the Development Code. d. A reduction in density, intensity or number of lots of a development project. e. Reconfiguration of architectural features, including colors, and/or modification of the finished materials that do not alter or compromise the previously approved theme. 30. This permit or approval is subject to all the applicable provisions of the Development Code in effect at the time of approval. This includes Chapter 19.20 - Property Development Standards, and includes: dust control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lightning design and control; noise control; odor control; screening; signs, off-street parking and off-street loading; and vibration control. CUP No. 08-21 Conditions of Approval MCC 9121109 Page S 31. Plans submitted for plan check (building plans, site improvements, landscaping, etc.) to the Building Division and/or Public Works/Engineering shall include all Conditions of Approval and Standard Requirements issued with the Planning approval printed on the plans. 32. No vacant, relocated, altered, repaired or hereafter erected structure shall be occupied, nor any change of use of land or structure(s) shall be inaugurated, nor any new business authorized by this permit commenced until a Certificate of Occupancy has been issued by the Development Services Department. A temporary Certificate of Occupancy may be issued by the Development Services Department subject to the conditions imposed on the use,provided that the Building Official authorizes occupancy of the structure and a deposit is filed with the Development Services Department to guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this permit. 33. No final Certificate of Occupancy shall be issued until the Applicant has complied with all conditions of approval related to construction and site improvements. 34. This permit approval is also subject to the attached conditions or standard requirements of the following City Departments or Divisions or other public agencies: a. Public Works Division b. Water Department C. Fire Department d. Building Division Plan Check e. Public Services Department End of Planning Division Conditions of Approval - ATTACHMENT D CITY OF SAN BERNARDINO Development Services Department- Public Works Division Standard Requirements Description: -A request to convert an existing church into a Homeless Facility with 56 bunk beds, including a kitchen with a dinning room, a shower room, restrooms and offices. The project is located on approximately 0.45 acre on the west side of Sierra Way approximately 150 feet north of 81h Street, in the RM, Residential Medium Land use district. Applicant: Doug Shultz Location: 840 Sierra Way Case Number: CUP 08-21 1. Drainage and Flood Control a) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. b) If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. C) Landscape clippings and waste will not be washed or blown into the City right of way. All landscaping debris will be swept up and placed into the proper waste receptacle. d) Source Control best management practices required for trash and debris. e) A Non-Categorical Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the City's web page at www.sbcity org- Departments - Development Services - Public Works for templates to use in the preparation of this plan. f) The City Engineer, prior to issuance of any permit, shall approve T the WQMP. f Project: Homeless Shelter Case No. CUP 08-21 Page 2 of 6 g) The City Engineer, prior to on-site plan approval, shall approve an Erosion/Sediment and Waste Management Control Plan if soil disturbance is expected. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 2. Grading and Landscaping a) The site and drainage plans shall be signed by a Registered Civil Engineer, an on-site and off-site permit will be required. The plans shall be prepared in strict accordance with the City's "Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the City Engineer. b) The parking lot shall be re-striped filled and patched in failed areas. c) An on-site improvement Plan is required for this project. d) Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6" high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5' deep and may overhang the landscaping or walkway by 2.5'. Overhang into the setback area or into an ADA path of travel (minimum 4' wide) is not permitted. e) Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. Project: Homeless Shelter Case No. CUP 08-21 Page 3 of 6 IN f) The refuse enclosure(s) must be constructed in accordance with City Standard Drawing No. 508. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. Where a refuse enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3' wide by 6 " high concrete planter shall be provided to separate the enclosure from the adjacent parking. The placement of the enclosure and design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. The number and placement of refuse enclosures shall conform to the location and number shown on the site plan as approved by the Development Review Committee, Planning Commission or City Council. g) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall part of the o_.site Enginee r. permit issued by the City Engineer. h) The on-site improvement plan shall include details of on-site lighting, including: • light location, • type of poles and fixtures, • foundation design, • conduit location, material and size, and • number and size of conductors in each conduit run. • Photometric plot shall be provided which show that the proposed on-site lighting design will provide: • 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and • 0.25 foot-candles security lighting during all other hours. The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. I I Project: Homeless Shelter Case No, CUP 08-21 Page 4 of 6 j) An accessible path of travel shall be provided from the public way I to the building entrance. All pathways shall be concrete paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. k) A Lot Merger is required for this project, contact the Engineering Department for information regarding the processing of the lot merger. 1) The public right-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan, unless the parkway area is included in a landscape maintenance district, in which case, a separate landscape plan shall be provided. m) An easement and covenant shall be executed on behalf of the City to allow the City to enter and maintain any required landscaping in case of owner neglect. Upon request, the Real Property Section will prepare documents for execution by the property owner. The documents shall ensure that, if the property owner or subsequent owner(s) fail to properly maintain the landscaping, the City will be able to file appropriate liens against the property accomplish the required landscape maintenance. AI document- processing fee in the amount established by ordinance shall be paid to the Real Property Section to cover processing costs. The property owner, prior to plan approval, shall execute this easement and covenant unless otherwise allowed by the City Engineer. Applicable to Commercial, industrial and multi-family development only. 3. Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable N (Cable TV optional for commercial, industrial, or institutional uses). b) This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. C) Utility services shall be placed underground and easements provided as required. I I Project: Homeless Shelter Case No. CUP 08-21 Page 5 of 6 d) A street cut permit, from the City Engineer, will be required for utility cuts into existing streets. 4. Street Improvement and Dedications a) For the streets listed below, dedication of adequate street right-of- way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Right of Wavlft ) Curb Line(ft) Sierra Way 41.25' (existing) 22.25' (existing) b) If the existing sidewalk and/or curb & gutter adjacent to the site are in poor condition, the sidewalk and/or curb & „•,..e- hall be removed and reconstructed to City Standards. Curb y& Gutter shall conform to Standard No. 200, Type "B" and sidewalk shall conform to Standard No. 202, Case "A" (6' wide adjacent to curb), unless otherwise approved by the City Engineer. c) Construct all accessible curb ramps onsite and off-site in t accordance with APWA Standards to comply with current ADA accessibility requirements. d) Construct Driveway Approaches per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. e) The pavement on existing streets adjoining the site shall be i rehabilitated to centerline using a grind and overlay strategy approved by the City Engineer. 5• Required Engineering Plans a) A complete submittal for plan checking shall consist of: On-site plans, street improvement plans, lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan), i Project: Homeless Shelter Case No. CLT 08-21 Page 6 of 6 ' 0 other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations) b) All improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. c) After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval. d) Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at v http://w sbcity oro 6. Required Engineering Permits a) On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping. b) Off-site improvement construction permit. 7. Applicable Engineering Fees a) All plan check, permit, inspection fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. b) The current fee schedule is available at the Public Works Counter and at httP://www.sbcity.orq SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STANDARD REQUIREMENTS t pok DRCiERC Case: CONDITIONAL USE PERMIT NO.08.21 APN NUMBER: 140-222.12, 13 EPN NUMBER: 1996-105 REVIEW OF PLANS: DATE COMPILED: 6/17/2008 OWNER: COMPILED BY: Roderick,Crystal Faith Temple Apostolic Miniseries I DEVELOPER: Doug Schultz TYPE OF PROJECT: A Reguest tp cpmvert am existing church into a Homeless Facility with 64 beds,including small kitchen and offices, The project is located on apptximately.45 acre on the west side of Sierra Way approximately 150 feet north of the 8th Street,in the RM. NUMBER OF UNITS: 0 LOCATION: Approximately.45 acre on the west side of Sierra Way approximately 150 feet north of 8th Street WATER DEPARTMENT ENGINEERING: CONTACT: Hemsley, Bill PHONE NUMBER: (909)384-5386 FAX NUMBER: (909)384-5532 Note:All Water Services are Subject to the Rules .Regulations of the Water Dvparfinent IJ Size of Main Adjacent the Project 6"C.1. IN SIERRA WAY _! Approximate Water Pressure 8Q Elevation of Water Storage: 1249 J Type,Size,Location and Distance to Nearest Fire Hydrant 008-091 Hydrant Flow Q 20psi: ry' Water Supply Study Required ] Pressure Regulator Required on Customer Side of the Meter Offsile Water Facilities Required ❑ Water Main Reimbursement Due Area Not Served by San Bernardino Municipal Water Department Network Hydraulic Analysis Required per Uniform Design Standards Comments: '-EX 4"FIRE SERVICE 8 3/4"DOMESTIC SERVICE WATER QUALITY CONTROL CONTACT: quiets,Con PHONE NUMBER: (909)384-5325 FAX R.P.P.Sackflow Device Required at Service Connection for Domestic Service NUMBER: (909)364.5928 Doublg Check Backflow Device Required at Service Connection for Fire and Irrigation N Sackfiow Device 10 be Inspected before Water Service can be Activated No BackBow Device is required.at this time SEWER CAPACITY INFORMATION CONTACT: Thomsen,Neil PHONE NUMBER: (909)384-5093 FAX NUMBER: (909)384-5592 Note:proof of payment Must be Submitted to the Building_Safety Department prior to/ssuancv of the Building�] Sewer Capacity Fee Applicable at this time Permit Sewer Capacity Fee must be paid to the Water Department for N Subject to Recalculation of Fee prior to the Issuance Of Building Permit Gallons Per Day: Equivalent Dwelling Units: 0 Breakdown Of Estimated Gallons Per Day COPY TO: Customer; Planning; Engineering 4$ Thursday,July 31,2008 EPP4 Paqu 1 .;(1 i 1 CITY OF !-., 14 .. ERNARDINO FIRE DEPARTMENT 'J,aRJ IRE-QUIREMENTS Case. _ }1 Date: (_ 9 r, _s4r—__ Reviewed By. GENERAL REQUIREMENTS: Provide one additional set rn cor•s;!vc,a C Mans;0 9wuang;ntl 9afngr for Fire pepanmant use at time of plan check. Contact the City of San Bernardino Fir;Crp,trfmani 384.55Sy L"r sperrytp r'etaifad requirements. ❑ The developer shall provide for adequate fire Ilrw. `dmimum tins;low requvements shall be based on square footage,construction features,and exposure information supplied by the developer and must tc W1113blo ps;a plac:ng combustible matanajs an Bernardino site. WATER PURVEYOR FOR FIRE PROTEC'1iUN: ❑ The fire protection water service for the area of..,is prdjer,is provided by: ❑ San Bernardino Municipal Water ..,is tc.09) 364-5391 ❑ East Valley Water District—Engineering f909)088.ji ❑ Other Water purveyor. PUBLIC FIRE PROTECTION FACILITIES: — —__ Phone: ❑. Public fire hydrants are required along streets at mlervals net to uxcaed 000 feet for r0remercial and multi-residential areas and at intervals not to exceed 500 feet for residential areas. ❑ Fire hydrant minimum flow rates of 7,500 gpm at a?-0 psi,minimum residual pressure are required hydrant flow rates of 1,000 gists at a 20 psi minimum residual pressure are required for resid nlial for commercial and multi-residential areas. Minimum(Ire ❑ Fire nt mat ripe and specific location shell be jointly itandained by the City of San 9emard:no Flre Daparunent in conjunction with the water purveyor. Fire hydrant materials and installation shell conform to the standards and spedficatirns o!the•mater Am De r. ❑ Public fire hydrants, tare setvires,and pubfic water focilitias necessary to mast Fire Departmnn1 mquinaments are the developer's financial shall a installed by the water purveyor or by fhu developer at the tVer purveyor's discretion. Contact.he water purveyor indicated above for additional ty information. respons!�iFty and ACCESS: ❑ Provide two separate,dedicated ro,nos,)i ingress/ngress to the property entrance.The roulas sh:;ll be paved,all weather. ❑ Provide width,access mad to each bui,:dnq for fire.,pparatus. Access rJadt4ay shall have an ull-.:eufher driving surface of not less than 20 feet of unob- Prucied width. • Extend roadway to within 750 tae;of ill i`onions of Me exterior gall f all,tingle dory buildings. • Extend roadway to within So fret of nt_exterior•mall of alt mutiiplc-story_uildrngs. are tProvide ad"PARKING"signs•9i RKII Or pJkinp d:vehicles could pos:ible k'duca the dearsncn of access roadways to less Ihan the required width. Signs ''>!* are to read"FIRE LANE—NO PARr,IM, s ❑ Dead•end streets shall not exooed 5C0;e?t l n�h;, 6.•8`. ❑ The names of any new streets( ubCC Jr privet.: Ji nd shall have a minimum 40 fool ra;:ius lurna:ounct p )shale ce subrutteo to the FFre Dcgnrtrnent to.*approval. SITE: ❑ All access roads and streets are ip Cs^pnsat'v ed.Ird usable pdor'o r;;nbtulibin ro:vlrudtipn. ❑ Private fire hydrants shall be installtd w probe;t each bu;lsinq Ioeaty-d:;ore Nan q e%It h r, " exterior well.The hydrants.hall be ,r.,t;9ama1,rips,"Jill 1),e p)inch.and t inch outlay and hydrants shall be designated ns a-No rA:i:Ut:4':+vw�)� '13 cut lino_. ril lire hydrants should as within nt feet of any manner that It will not be blocked h /p`t'niin!g an 8 inch vitle,o; Jproved by the fire Department. Areas adjacent to fire y pnMed•n?i;a[as. ;�eitaring to oe in+•.kite d"by ps'a 10 leer m each di eetlon in front of the hydrant in such a ILDINGS: Address numerals shall be•nsrml°d Jn;}, h,,,i,t,,,U from or Jrh:=r uppn:vod Ir-„her.. .,,..h,)ntanr.� menial and multi family oddrass nuirl r in I' e c rrch la I.sm.,le'amtly address n•mur s:;heq be q ktches fail.The color elf the name Is shall con- identify each gas and electric rnc'or-ad �O r ;,r ,r .,.it n ry s Fire extinguishers must be rrstallod rn v f)%. r ten, fire extinguishers must be uc t hu I-, r °''p d T”'a mrm;r ,•r,{ :;)llrvguisl•ur to )A toe/C. hfinimum dfslnbuti, of ❑ Apartment houses with IG r ue..,;n ' _� r r:r1 rao.l ::r; :rr equipped with automatic br pnnk .. , `r �,_ o' ,u'p's, u. ,^ar :,. s •:.k�r:; ,:xtf. ,'cnhar. `G1 All buildings,ovnr 3,000 r•�ar. , .c rs)Ih•ea )tortes rr more in height shall be vacant over 385 days. ) " r ,r nud `1f'DA 'indards. This includes existing buildings merit plan for f,e!ire;at or ,. Tenant improvements in all pr n Provide fire alerm f oquir•id tiro gh uIr I 1 n.quirod. Fire Department connection c +n r ' r ' n;1 r iruction.Permit required_ 4 ). 1 7 i t f r Mat n.�6rmil riqulrr.d. y�LI/Fire Code Parmrf required, poll 1i ` 's c;aion. /IJR'Fire Sprinkler mondannq recuu. J .I� o e) 'E3 Occupant Load. Is 'y 'r" fit-• p•.rment p.for,n fhe:.,nn of n:;;rum,on.Permit required. Note: The applicant must rs:qu661, •:'J rig Uap.v!nor:rnq�m�m nis. -"'•'... AD TIONAL INFORMATION: R�I�tLZ-- �cxr� FAiic(�. U�c �K ` _.W�/VOI�w- . _.lair " [ - . FPS 170 IrU.rypi - ._. .. _.. 1 44 City of San Bernardino San Bernar ino STANDARD REQUIREMENTS Development Services/Plan Check Division Property Address: DATE: (o — q-Q 0 NOTE: NO PLANS WILL BE ACCEPTED FOR PLAN CHECK WITHOUT CONDITIONS OF APPROVAL IMPRINTED ON PLAN SHEETS. Submit 6 sets of plans, minimum size 18" z 24", drawn to scale. If plan check is for expeditious review, submit 6 sets. The plans shall include(if applicable): • SITE PLAN(include address & assessors parcel number) • FOUNDATION PLAN • FLOOR PLAN(label use of all areas) • ELEVATIONS • ELECTRICAL,MECHANICAL & PLUMBING PLANS • DETAIL SHEETS(structural) • CROSS SECTION DETAILS • SHOW COMPLIANCE WITH TITLE 24/ACCESSIBILITY(disabled areas) • PLAN CHECK DEPOSIT FEE WILL BE REQUIRED UPON SUBMITTAL OF PLANS. CALL DEVELOPMENT SERVICES (PLAN CHECK) FOR AMOUNT. NUMBER TO CALL: (909)384-5071 1. The title sheet of the plans must specify the occupancy classification, type of construction, if the building has sprinklers and the current applicable codes. 2. The person who prepares them must sign the plans. Also,provide the address and phone number of that person. Some types of occupancies require that the plans are prepared, stamped and signed by an architect, engineer or other person licensed by the State of California. 3. For structures that must include and engineers design,provide 1 sets of stamped/wet signed calculations prepared by a licensed architect/engineer. 300 N 'D'Street San Bernardino,CA 92418 19091 384.5071 Office (909)3845080 Fax I 4• Provide sets of Title 24/Energy compliance forms and calculations. Some compliance forms are requi red to be printed ted the on the plans. 5. Submit grading, site and/or landscape plans to Public Works/Engineering for plan check approval and permits. For more information, phone (909)384-5111. 6. Fire sprinklers plans, fire suppression system plans, etc- shall be submitted to the Fire Department for plan check approval and permits. For information, phone (909)384-5388. 7, Signs require a separate submittal to the Planning Division for plan check approval and permits. For information, phone (909)384-5057. 8. Restaurants, food preparation facilities and some health related occupancies will require clearances and approved plans from San Bernardino information,phone(909) 387-0214. County Health Department. For 9- Occupancies that include restaurants, car washes, automotive repair/auto body, dental offices etc , food preparation facilities or processing plants, . may require approvals and permits from San Bernardino Water Reclamation. For information, phone(909)384-5141. 10. An air quality permit may be required. Contact South Coast Air Quality for information at(909)396-2000. Management Division 11. State of California Business & Professions Code/Contractors License Law requires that permits can m stprovide their State License Number, a city business (that are rregistrat o�n and workers compensation policy carrier and policy number. Owner-builders must provide proof ofractors ownership. NOTE: PLAN CHECK TIME ON THESE TYPES OF PROJECTS IS APPROXIMATELY 4-6 WEEKS FOR FIRST CORRECTIONS. EXPEDITIOUS REVIEW IS APPROXIMATELY 10 WORKING DAYS. THE DEVELOPMENT REVIEW PROCESS IS NOT THE BUILDING PLAN CHECK AND DOES NOT IMPLY THAT THE DESIGN AS SUBMITTED WILL BE APPROVED WITHOUT CORRECTIONS. Comments: 2007 California Building Codes apply. Protected openings at property lines. Redo the area tabulations based on the 2007 CBC. Verify fire protection of exterior walls at rear/side PL. Provide details of construction. _rte I 300N 'D'Street San Bernardino,CA 92418 fl (909)384-5071 Office E 190913,94-5080 Fax 1 i City of San Bernardino Public Services Department Standard Development Requirements 300 North D Street - 4th Floor San Bernardino, CA 9241 B COMMERCIAL&INDUSTRIAL DEVELOPMENT i Collection Services I. The collection or transportation of refuse, recyclable discards, or green waste from any commercial and industrial locations within the City shall be provided by the City of San Bernardino Public Services Department unless otherwise franchised or permitted. [MC§ 8.24.140] 2. New accounts require a completed Service Application, with a full de Posit and a co returned to the City of San Bernardino Refuse&Recycling Division prior o issuance of the final Certificate of Occupancy copy of manuals for all compactor units, 3. Shared refuse and recycling services for multi-tenant commercial sites shall be billed to a single owner or ro e leases shall include terms to accommodate sub-metered services. g 4. All refuse containin P P nY manager; i other solid wastes shall be removed at least oncegweekly. [SB County Health, Sanli[a[ion and Amoral Regula[o se§33.083] all S. All commercial establishments generating 6 cubic yards or more of solid waste per week shall establish City recycling services for maximum diversion within 30 days of opening business, dentified in the IWM Survey for the project. QL establish an alternative diversion oroora_m r e Automated Cart Service to Nonresidential Facilities J V ✓ 6. Nonresidential establishments such as small offices, shops, meeting halls, or churches, which generate 2 cubic yards or less of non-bulky waste per week and are located on the same side of a residential block receiving automated cart service shall meet residential rather than commercial requirements. Service Vehicle Access Projects shall meet City Engineering requirements for commercial vehicle drive access along the main ingress to and egress from enclosures. These requirements sha//not/imitrequiremen[rfnr Fire vehic/e arc... Property without through access shall incorporate at least one of the following designs: • A cul-de-sac with a 40-foot turning radius fora 32-foot vehicle length • A hammerhead turn with a 40-foot turning radius fora 32-foot ve Gated Access hicle length 1 9. Gated properties that are locked and unmanned on service days anytime between the hours of 5 AM and 5 PM Monday through Saturday shall provide access code or key to Public Services. Shared Collection Areas—Reciprocal Access 10. Front-load bin enclosures and roll-off compactor units may be shared across existing or proposed property lines if enclosures or equipment provide adequate capacity for anticipated refuse and recyclable materials generation, AND if Reciprocal Access for shared collection areas is recorded with the property. R011 fP Compactor Units 1 I. Sealed compactor units dedicated separately to refuse and recyclables may be required to be installed at facilities with an anticipated waste generation of 60 uncompacted cubic yards per week. 12. Roll-off compactor units must be installed according to manufacturer's and City Engineering specifications with the compactor hopper and roll-off box on a concrete slab with a minimum 3-foot con[inuousl 3. Rolloff boxes at locations receiving City service must meet City rail and hook specifications per City Engineering Standard y paved perimeter for safe access. S)0. Boxes shall be designed with disposal end o charge. pposite hook-up; boxes with same-side design may be subject to a roll-back 14. Compactor equipment shall be screened from view of public right-of-way by materials compatible with building architecture and landscaping as specified by City of San Bernardino Development Code. [MC§ 19.20.03012Ill ocation, orientation, and dimensions of enclosures, enclosure ales, edestrian en[ry, compactor pads, and compactor reening, shall be shown on site plans and labeled that construct on sh l meet City Engineering Standards. i I MD/PS 6.17.1003 Ciry of San Bernardino Public Services Department Standard Development Requirements Page 2 of 2 Existing Bin Enclosures 16. Existing bin enclosures must have minimum inside dimensions of 7'9" enclosures must have block walls, inside bumper guards or reconstructed to meet Engineering Standard 508. Enclosure may curbing, relocated for best drive access and alignment x 9'OR I S'x 4'S"s, fit two asu bins. Existing subject to Public Services a 9 s OR enclosures) must be approval. (P/ease note, if wi// enerate7CYor/essofso/id waste Collection options/ 9 9 ment plans Front load Bin Enclosures&Access Per"reek see Residential 17. Minimum double-wide ere enclosures of 8 feet by 15 fee[shall be required for all development to allow for dedicated recycling bins, except where potential waste generation or space is restricted. [Specifications adopted in accordance with Model Ordinance as required by CA PRC§429111 18. Front- lengthwise,load compactor units must be contained in an enclosure large enough to hold the unit and one additional bin facing 19. Front-load bin and compactor enclosures must be constructed according to City Engineering Standard 508-free-standing R Pedestrian entry shall be provided on enclosures for all multiunit residential development Pedestrian entry on enclosures shall have a 4-foot width,no gate or door, and an'L'shaped block screen the same height of the enclosure, r side 20. Pedestrian access from building exit to bin enclosure shall be a minimum 4 fee[ wide and continuous) crossing curbs, steps,or driveways. 21. Enclosure pads shall be level to restrict bins from drifting and designed for proper drainage of surface wate paved, without 73 Enclosures must be at least 5'from combustible walls, eave lines, or openings. (98 CA Fire Code§ 1 103.2.2) Z3. Only refuse bins and the contents therein for disposal may be stored in refuse enclosures.Ali other equipment fixtures, an materials such as electrical panels, circulation or exhaust ducts or ven Prohibited. Lt, grease bins, or surplus supplies are strictly Enclosures shall be buffered with landscaping when viewable from public right of-wa i; gates or exceed height of enclosure. Include vegetation on landscape plans. -S- Enclosures shall be located with gates aligned for straight access for service vehicles, y and vegetation shall not restrict ' 26. Enclosures shall not obstruct drive aisles, driveways, loading drive aisles, alleys, or streets. Location shall not cause service vehicle block acre drive tl. parking,block access access, d visibility it cross-traffic from 17. Enclosure gates shall not open into drive aisles, parking spaces, or walkwa ss drives during while bins are being separated by a minimum 2-foot wide curbed area out to the farthest point En both gates, and designed to safely hall e gates from opening into parking spaces or landscaped areas.. ' Enclosures placed adjacent d parking shall be 28. Location, orientation, and dimensions of enclosures, enclosure gates,and pedestrian entry, shall be shown on site plans and labeled that construction shall meet City Engineering Standards. Multi-unit Dwellings ?9. Commercial requirements shall apply to all multi-unit dwellings over 8 units, unless otherwise approved. 30. Disposal chutes incorporated into multFstory buildings must have dedicated chutes for refuse & commingled recyclables. Both chutes shall an clearly and permanently labeled at each chute opening and exit. (Specifications adopted in accordance With Model Ordinance a required by an pRC§4291 I) i {I I MD/PS 627.2003 j U rte' CITY OF SAN BERNARDINO PLANNING COMMISSION FINDINGS AND CONCLUSION OF THE COMMISSION IN THE MATTER OF CONDITIONAL USE PERMIT NO. 08-21 Proposed for adoption at regular meeting of November 5, 2008 (Matter continued from regular meeting of October 16, 2008 for adoption of findings) FINDINGS AND CONCLUSION Based on the evidence presented at the public hearing and the written record consisting of the materials submitted by the applicant, City staff, and members of the public, the Commission finds: 1. BACKGROUND FACTS 1.1 The applicant seeks a Conditional Use Permit for an Adult Education, Employment and Residential Center. The applicant states that the occupants of the facility would be homeless individuals. 1.2 Abutting the proposed project site to the north, west, and south of the site are residential properties in the Residential Medium land use district. Directly across the street from the site are single-family residences in the Residential Medium-High district. 1.3 There are currently ten existing homeless shelters in the City of San Bernardino and two more under construction. Existing facilities provide 265 beds. Space for another 164 beds is under construction. 1.4 On October 20, 2008, the Mayor and Common Council of the City of San Bernardino enacted an urgency ordinance establishing within the City the Emergency Shelter Overlay District. The Overlay District consists of a designated area within the Industrial Light land use district in which emergency shelters are allowed as a permitted use without a conditional use permit or other discretionary permit. 2. PROJECT REVIEW STANDARDS The applicant asserted before the Planning Commission that its proposed project was required to be reviewed under the provisions of California Government Code section 65589.5, subdivision (d). Those provisions limit the ability of a local agency to deny approval for a proposed "emergency shelter." I Ig f' The Commission finds that the proposed project, described by the applicant as an Adult f Education, Employment and Residential Center (AEERC), does not share the characteristics of an emergency shelter as set forth in California Government Code section 65582 and California a Health and Safety Code sections 50801 and 5080 1.5. in that: f 2.1 Spaces at the AEERC would not be filled on a first-come-first-served basis, by admitting any person needing emergency shelter who requested admission. Instead, prospective residents would be required to have a referral source to enroll at the facility. In addition,potential residents would be screened for suitability based on their ability to benefit from an intensive training program. 2.2 The AEERC would not provide minimal supportive services for homeless persons, but would instead require participation in a full curriculum of educational activities for which not all individuals seeking emergency shelter would qualify. 2.3 Occupancy of the AEERC would not necessarily be limited to six months but rather, according to the applicant, an extension could be allowed, on case by case basis. 3• PUBLIC SAFETY CONCERNS 3.1 The Commission finds that it is likely that many or all of the occupants of the AEERC would be individuals on parole or probation. The San Bernardino Police Department advised the Commission that the resident population of the applicant's similar facility in the Riverside area consisted entirely of parolees and probationers. 3.2 The Commission further finds that there is already a high concentration of parolees/probationers in the area of the proposed project, which along with other conditions makes it difficult for the Police Department to service the area. The Commission finds that the number at he proposed facility, but would the applicant was unable oreunwilling to do so,hmiting their 3.3 The Commission finds that past experience with parolee/probationer housing facilities in the City has been unsatisfactory. From August 1998 to May 2001, a 2 ion of 4-unit facility operated on North H Street. The concentrat parolees/probationers resulted in an extreme number of calls for service that forced the Police Department, in conjunction with Code Enforcement and other elements of the City, to shut down the facility in the interest ofpublic safety. From 1999 to 2002, a 14-unit apartment parolee/probationer facility operated on North H Street. As a result of an extremely high incidence of calls for service associated with parolees, the Police Department eventually shut that facility down as well 3.4 In view of this prior experience, the Commission has concerns regarding security at the proposed facility if, as appears to be the case, all or a substantial portion of the residents would be parolees/probationers. The Commission finds that these concerns have not been i adequately addressed. In particular, the applicant did not provide any specificity as to what security training it would give personnel in charge of managing the facility. F 3.5 The Commission also has concerns regarding the applicant's procedures for discharging residents, which concerns the Commission finds have not been adequately addressed. The applicant stated that if a resident of the proposed facility were under the influence of a mind altering substance not prescribed, the person would be given a referral for shelter for the night and asked to leave the facility immediately. There was no mention of any intent to contact the Police Department in that event. The Commission is concerned that this situation could lead to the release of a dangerous individual into the community without the Police Department's knowledge. 3.6 The Commission finds that security concerns raised by the potential for unsupervised release of facility residents into the community have not been adequately addressed. The applicant stated that it planned to maintain a day laborer program, but there was no indication of whether the facility would allow residents out on the street unsupervised to permit them to get dayjobs. 4. LAND USE CONFLICTS The Commission finds that adverse impacts on neighboring land uses would result from approval of the project that could not be avoided with the adoption of the ameliorative measures the applicant was able and w h illing to adopt. The most notable of these impacts would be te effect of the project on Option House, a women's shelter for victims of domestic violence, and on the planned Lincoln Il Elementary School. 4.1 Option House was the first domestic violence shelter in California and has been at its location for 26 years. The facility is located in close proximity to the proposed project site. It maintains 32 beds, not counting cribs. Victims of domestic violence sometimes are placed at Option House the same evening they report being abused, at a time when they are particularly fragile. 4.2 Option House is the only domestic violence shelter located in the central San Bernardino Valley region. The Commission finds that if a facility that might be housing domestic abusers were located in close proximity to Option House, domestic violence victims in the central Valley region might be discouraged from turning to Option House, 4.3 Women residing at Option House who have employment or are students must continue to attend work or school. Ln addition, other Option House residents must leave the facility from time to time to attend to daily affairs. Due to the proximity of Option House to the proposed project site, if the project were approved Option House residents would have occasion to walk by the,AEERC. The Commission finds that the possibility that perpetrators of domestic violence, and potentially the actual perpetrator of violence against an Option House resident, 3 "o could be residing in close proximity would increase fear in the Option House residents and interfere with their free enjoyment of the shelter and its environs. 4.4 According to the applicant's Chief Operations Officer, among the training programs offered at the AEERC would be anger management and domestic violence training. In addition, the applicant stated it would not conduct criminal history checks on prospective residents who are on parole or probation. The Commission finds, therefore, that it appears the AEERC would accept residents with a history of domestic violence. 4.5 The proposed project site is located about 150 feet from the site of the planned Lincoln II Elementary School. The school is planned to begin operation in 2011. The Commission finds that undesirable contacts between students walking by the facility and residents of the facility likely would occur. 4.6 The applicant proposed that it mitigate the impacts of the project on the school by agreeing to relocate the AEERC after two years, when the school is expected to open, and to replace the AEERC at that time with a use that would complement the school, such as providing youth-oriented educational programs. However, the applicant never specified what the subsequent use would be, what would happen if the planned subsequent use proved infeasible at the end of the two years, or what would happen if the property were sold. The Commission finds that without specific information on these points, the proposal that a limited-term conditional use permit be granted cannot adequately be considered. The Commission further finds that a limited- term conditional use permit, even if followed by an appropriate subsequent use, would not mitigate the immediate conflicts with the neighboring land uses that would exist if the proposed project were approved. 5. ZONING AND GENERAL PLAN CONFLICTS 5.1 The Commission finds that the proposed AEERC would be inconsistent with both the City's zoning ordinance (Development Code) and its General Plan, as they existed on the date the project application for CUP No. 08-21 was deemed complete, May 27, 2008. 5.2 Section 19.04.030(2)(T) of the Development Code requires social services to conform to the residential density standard of the underlying land use designation, and to have a level of intensity compatible with the residential district surrounding the site. As originally proposed, the project was to accommodate 56 residents. After consultation with staff, the applicant agreed to reduce the number of residents to 36. However, even that number would be at the extreme high end of the density allowed for the land use district, and would be the equivalent of assuming the maximum permitted number of dwellings on the !,i-acre site (6), each with the maximum number of assumed residents per dwelling (6). The actual intensity of the use would be even greater, given the staffing requirements and the non-residential activity that would occur at the site on a daily basis. 4 5.3 Furthermore, Section 19-04.030(2)(T)(9) one-acre minimum site area to establish a social service of alresid residential land t use district.requires Commission finds that the %z- acre project site does not conform to this standard of the zoning ordinance. 5.4 The Commission further finds that the proposed project would not be consistent with the General Plan in that, for the reasons noted above, the proposed project would alter the character of the surrounding neighborhood. Existing homes in the immediate vicinity of the proposed project are single-family residences. The Commission finds that introduction of a social services facility with a dense residential component would conflict with Genera] Plan Goa] 2.2: "Promote development that integrates with and minimizes impacts on sunoun ral land uses." General Plan Policy 2.2.10 provides: "The protection of the quality of life shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public." 6. CONCLUSION For the reasons previously noted, the Commission finds that the proposed project would impair the integrity and character of the surrounding residential neighborhood where the project is proposed. Therefore, the Commission concludes that the necessary findings to approve Conditional Use Permit No. 08-21 cannot be made. 5 PLANNING ITEMS TO BE HEARD AT 4:30 P.M. CONTINUED FROM AUGUST 3, 2009 Development Services Appeal Hearing - 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 facilities and office space located at 840 North Sierra Way in the RM, Residential Medium, land use district. (Backup distributed on March 16, 2009, Item No. 24; item continued to April 6, 2009, Item No. 36; item continued to April 20, 2009, Item No. 47; item continued to May 18, 2009, Item No. 28; item continued to June 1, 2009, Item No. 38; item continued to June 15, 2009, Item No. 46; item continued to July 6, 2009, Item No. 64; item continued to July 20, 2009, Item No. 29; item continued to August 3, 2009, Item No. 39.) Ward 1 Owner: Faith Temple AP Ministries 840 North Sierra Way San Bernardino, CA 92401 �� Appellant: Dr. Garnett Newcombe Human Potential Consultants, LLC 500 East Carson Plaza Dr. No. 127 Carson, CA 90746 I I The hearing was closed. Approved MOTION: That the matter be continued to September 21, 2009. XXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXX XXXXX TO BE HEARD AT 4:30 P.M. CONTINUED FROM AUGUST 3, 2009 Development Services 39. Public Hearing - Request for reconsideration of the denial of Conditional Use Permit (CUP) No. 07-04 to establish a gas station, car wash, mini-mart with Type 20 Alcoholic Beverage Control (ABC) license, 2 drive-thru restaurants and Tentative Parcel Map (TPM) No. 19162 to create 3 parcels on 2.1 acres at the northeast comer of Inland Center Drive and "I" Street and Development Code Amendment (DCA) No. 08-02, an ordinance to revise location standards for convenience stores and ABC licenses. (See Staff Report Attached) (No Cost to the City) (No backup material distributed on August 3, 2009, Item No. 40.) Ward 3 (Citywide DCA) (Item Continued on Next Page) 17 08/17/2009 R37. Continued. Approved MOTION 2: That the Community Development Commission of the City of San Bernardino adopt said resolution. R38. Item deleted. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING ITEMS XXXXXX X CONTINUED FROM JULY 20, 2009 TO BE HEARD AT 4:30 P.M. Development Services 39. Appeal Hearing - 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 facilities and office space located at 840 North Sierra Way in the RM, Residential Medium, land use district. (Backup distributed on March 16, 2009, Item No. 24; item continued to April 6, 2009, Item No. 36; item continued to April 20, 2009, Item No. 47; item continued to May 18, 2009, Item No. 28; item continued to June 1, 2009, Item No. 38; item continued to June 15, 2009, Item No. 46; item continued to July 6, 2009, Item No. 64; item continued to July 20, 2009, Item No. 29.) Ward 1 Owner: Faith Temple AP Ministries 840 North Sierra Way San Bernardino, CA 92401 Appellant: Dr. Garnett Newcombe Human Potential Consultants, LLC 500 East Carson Plaza Dr. No. 127 Carson, CA 90746 The hearing was closed. Approved MOTION: That the matter be continued to August 17, 2009. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 18 08/03/2009 R28. Continued. Approved MOTION: That said resolutions A and B, be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING ITEMS XXXXXXXXXXXXX TO BE HEARD AT 4:30 P.M. CONTINUED FROM JULY 6, 2009 Development Services 29. Appeal Hearing - 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 facilities and office space located at 840 North Sierra Way in the RM, Residential Medium, land use district. (Backup distributed on March 16, 2009, Item No. 24; item continued to April 6, 2009, Item No. 36; item continued to April 20, 2009, Item No. 47; item continued to May 18, 2009, Item No. 28; item continued to June 1, 2009, Item No. 38; item continued to June 15, 2009, Item No. 46; item continued to July 6, 2009, Item No. 64.) Ward 1 Owner: Faith Temple AP Ministries 840 North Sierra Way San Bernardino, CA 92401 Appellant: Dr. Garnett Newcombe Human Potential Consultants, LLC 500 East Carson Plaza Dr. No. 127 Carson, CA 90746 The hearing was closed. Approved MOTION: That the matter be continued to August 3, 2009. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx END OF PLANNING ITEMS 15 R63. Continued. (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino approving and accepting the delegation of the administration for the American Recovery and Reinvestment Act ("ARRA") of 2009 Strengthening Communities Fund Grant and authorizing and directing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino to submit the requested application. (Resolution not available at time of printing.) Adopted CDC/2009-34 Approved MOTION: That said resolutions A and B, be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING ITEMS XXXXXXXXXXXXXXXXX X TO BE HEARD AT 4:30 P.M. CONTINUED FROM JUNE 15, 2009 Development Services 64. Appeal Hearing - 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 facilities and office space located at 840 North Sierra Way in the RM, Residential Medium, land use district. (Backup distributed on March 16, 2009, Item No. 24; item continued to April 6, 2009, Item No. 36; item continued to April 20, 2009, Item No. 47; item continued to May 18, 2009, Item No. 28; item continued to June 1, 2009, Item No. 38; item continued to June 15, 2009, Item No. 46.) Ward 1 Owner: Faith Temple AP Ministries 840 North Sierra Way San Bernardino, CA 92401 Appellant: Dr. Garnett Newcombe Human Potential Consultants, LLC 500 East Carson Plaza Dr. No. 127 I Carson, CA 90746 The hearing was closed. Approved MOTION: That the matter be continued to July 20, 2009. XXXXXXXXXXXXXXXXXXXXXXXX XX 31 07/06/2009 46. Continued. Appellant: Dr. Garnett Newcombe Human Potential Consultants, LLC 500 East Carson Plaza Dr. No. 127 f D l Carson, CA 90746 I The hearing was closed. Approved MOTION: That the matter be continued to July 6, 2009. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxXXXXXXX END OF PLANNING ITEMS City Attorney 47. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Edward King, et al. v. City of San Bernardino, et al., United States District Court, Case No. CV 09-01339. (Staff Report and Resolution not available at time of printing.) Approved MOTION: That said resolution be adopted. Adopted 2009-163 48. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Demariae Vinson v. City of San Bernardino, et al., San Bernardino Superior Court, Case No. CIVSS 818649. (See Attached) Approved MOTION: That said resolution be adopted. Adopted 2009-164 49. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Brunick, McElhaney & Beckett and the City of San Bernardino for legal services in the case of Robert Walker v. City of San Bernardino, et al., San Bernardino Superior Court, Case No. CVISS 814767. (See Attached) (Item Continued on Next Page) 25 06/15/2009 r R45. Continued. (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino accepting the delegation of administration and management for the use of the City of San Bernardino Neighborhood Stabilization Program ("NSP") Funds in accordance with the Housing and Economic Recovery Act of 2008. C. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the use of Low and Moderate Income Housing Funds and Neighborhood Stabilization Program ("NSP") Funds through a certain Master Agreement by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Mary Erickson Community Housing, Inc. ("MECH"), pursuant to the Neighborhood Stabilization Program. No Action Taken MOTION: That said resolutions A - C, be adopted. Approved MOTION: That the matter be continued to July 6, 2009. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx3LXXXXXXX END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING ITEMS _CONTINUED FROM JUNE 1 2009 Development Services 46. Appeal Hearing - 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 facilities and office space located at 840 North Sierra Way in the RM, Residential Medium, land use district. (Backup distributed on March 16, 2009, Item No. 24; item continued to April 6, 2009, Item No. 36; item continued to April 20, 2009, Item No. 47; item continued to May 18, 2009, Item No. 28; item continued to June 1, 2009, Item No. 38.) Ward 1 Owner: Faith Temple AP Ministries 840 North Sierra Way San Bernardino, CA 92401 (Item Continued on Next Page) 24 06/15/2009 PLANNING ITEMS XXXXXXXXXXXXXXX CONTINUED FROM MAY 18, 2009 Development Services 38. Appeal Hearing - 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 facilities and office space located at 840 North Sierra Way in the RM, Residential Medium, land use district. (Backup distributed on March 16, 2009, Item No. 24; item continued to April 6, 2009, Item No. 36; item continued to April 20, 2009, Item No. 47; item continued to May 18, 2009, Item No. 28.) Ward 1 Owner: Faith Temple AP Ministries 840 North Sierra Way San Bernardino, CA 92401 Appellant: Dr. Garnett Newcombe V\V Human Potential Consultants, LLC / 500 East Carson Plaza Dr. No. 127 \�! Carson, CA 90746 The hearing was closed. Approved MOTION: That the matter be continued to June 15, 2009. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx END OF PLANNING ITEMS 39. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission on a matter not on the agenda. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. (Usually any items heard under this heading are referred to staff for further study, research, completion and/or future Council/Commission action.) 19 06/01/2009 PLANNING ITEMS xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx CONTINUED FROM APRIL 20, 2009 Development Services 28. Appeal Hearing - 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 facilities and office space located at 840 North Sierra Way in the RM, Residential Medium, land use district. (Backup distributed on March 16, 2009, Item No. 24; item continued to April 6, 2009, Item No. 36; item continued to April 20, 2009, Item No. 47.) Ward 1 Owner: Faith Temple AP Ministries 840 North Sierra Way San Bernardino, CA 92401 Appellant: Dr. Garnett Newcombe Human Potential Consultants, LLC 500 East Carson Plaza Dr. No. 127 Carson, CA 90746 The hearing was closed. Approved MOTION: That the matter be continued to June 1, 2009. XXXXXXXXXXXXXXXXX END OF PLANNING ITEMS bq 14 05/18/2009 PLANNING ITEMS 46. Item moved to #27 on Consent Calendar. XXXXX CONTINUED FROM APRIL 6, 2009 Development Services 47. Appeal Hearing - 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 facilities and office space located at 840 North Sierra Way in the RM, Residential Medium, land use district. (Backup distributed on March 16, 2009, Item No. 24; item continued to April 6, 2009, Item No. 36.) Ward 1 Owner: Faith Temple AP Ministries 840 North Sierra Way San Bernardino, CA 92401 Appellant: Dr. Garnett Newcombe Human Potential Consultants, LLC 500 East Carson Plaza Dr. No. 127 Carson, CA 90746 The hearing was closed. Approved MOTION: That the matter be continued to May 18, 2009. X END OF PLANNING ITEMS NB I. Appoint New Chief of Police Approved MOTION: That the matter arose subsequent to the posting of the agenda. Approved MOTION: That the appointment of Keith Kilmer as Chief of Police effective Tune 1, 2009, be approved. 1-2 II "I �� 21 04/20/2009 36. Continued. No Action Taken MOTION#2: That the hearing be closed; and that the Mayor and Common Council grant Appeal No. 08-07, declare an intent to approve Conditional Use Permit No. 08-21, and continue the matter to April 20, 2009, to consider Findings of Fact and Conditions of Approval. Approved MOTION: That the hearing be closed; that staff be directed to meet with HPC to research finding another location; and that staff work with the City Attorney's office and come back to the meeting of April 20, 2009, with conditions to substantially mitigate issues the Council is concerned about, at which time the Council will make a decision on whether or not they can grant the appeal. XXXXXXXXXxxxxxx$XXX TO BE HEARD AT 4:30 P.M. Development Services 37. Public Hearing and Resolution ordering vacation of a portion of Kendall Drive (formerly State Highway 206) east of "H" Street (See Attached) (No Cost to the City) Ward 4 Resolution of the City of San Bernardino ordering the vacation of a portion of Kendall Drive (Formerly State Highway 206) east of "H" Street and reserving an access and landscape easement for the Castaway Restaurant. Mayor/Chairman to open the hearing . . . Approved MOTION: That the hearing be closed and the Findings of Fact, as set forth in the staff report dated February 25, 2009, from Valerie Ross, Director of Development Services, as to why the portion of Kendall Drive (formerly State Highway 206) east of "H" Street is no longer necessary for public street purposes be adopted; and that said resolution be adopted. Adopted 2009-81 END OF PLANNING ITEMS q/At 20 04/06/2009 Presented to the Redevelopment Committee on March 5, 2009 - Committee Members Present: Johnson, Baxter, Brinker R35. Update and Presentation on the San Bernardino Downtown Core Vision/Action Plan by EDAW, Inc. (See Attached) Ward 1 Approved MOTION: That the Community Development Commission of the City of San Bernardino receive and file the Presentation/Report by EDAW, Inc. END OF COMMUNITY DEVELOPMENT COMMISSION PLANNING ITEMS XXXXXX TO BE HEARD AT 4:30 P.M. CONTINUED FROM MARCH 16, 2009 Development Services 36. Appeal Hearing - 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 facilities and office space located at 840 North Sierra Way in the RM, Residential Medium, land use district. (Backup distributed on March 16, 2009, Item No. 24.) Ward 1 Owner: Faith Temple AP Ministries 840 North Sierra Way San Bernardino, CA 92401 Appellant: Garnett Newcombe Human Potential Consultants, LLC 500 East Carson Plaza Dr. No. 127 Carson, CA 90746 The hearing remains open . . . No Action Taken MOTION #1:That the hearing be closed; and that the Mayor and 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; OR 19 04/06/2009 CITY OF SAN BERNARDINO Development Services Department—Planning Division Interofce Memorandum TO: Mayor and Common Council�,i�+� FROM: Terri Rahhal, City Planner 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 Empeno, Senior Deputy City Attorney; Valerie Ross, Development Services Director; Jorge Carlos, Executive Assistant to Council The following additional items are transmitted for review and reference: 1. A letter dated April 1, 2009 from Debra E. Pole of Sidley Austin, LLC 2. A letter dated June 19, 2008 from Human Potential Consultants,presenting background information and a program description 3. Ordinance No. MC-1290: Emergency Shelter Overlay District �f- 6 -09 36 niaiey Sidley Page 2 SIDLEY AUSTIN BEIJING LOS ANGELES A 555 WEST FIFTH STREET BRUSSELS NEW YORK 9LEY AUSTIN LLP LOS ANGELES,OA 90013 CHICAGO SAN FRANCISCO IDLEY (213)896 6000 FRACAS SHANGHAI (213)898 6600 FAX FRANKFURT SINGAPORE GENEVA SYDNEY HONG KONG TOKYO LONDON WASHINGTON,O.C. EF01662idloy.a m (213)89&6823 FOUNDED 1866 April 1, 2009 By Fax and U.S. Mail Henry Empeno. Esq. City of San Bernardino Senior Deputy City Attorney 300 North D Street San Bemardino, California 92418 Re: Appeal of the Planning Commission's Denial of Human Potential Consultants' Anplication for Conditional Use Permit No 08-21 (Anneal No 08-07) Dear Mr. Empeno. 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, 14PC is writing to address issues raised by the Council, Option Housc, and members of the public at the March 16, 2009 public hearing. The City Must Comely With Senate Bill 2 The law compels the City ol"San Bernardino to approve HPC's application lbr 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 1, 2009, 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. 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 'Cal. Gov't Code§ 65383. 2 CBI. Gov't Code §65589.5(d). Sasy Au,IH ua a IYi1PaP'idNY OMktivp Parnr1M n Mlyam wIn eP�6Nry�u,tln Pw+,g9, LAI 1516350..2 Received 04-01-2009 01:32am From-Sidley To-CITY OF SAN BERNARDI Page 1102 rVl Maley Sidley Page 3 I 101EY T N LIP ID LEY Henry Empeiio, Esq. April 1, 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 any one of the exceptions is met. Accordingly, the City may not avail itself of the fifth Housing Accountability Act exception because the City 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."4 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 of a"specific, adverse impact." Moreover, even if the City could meet its burden of showing that the proposed shelter were to pose an "adverse impact," such an impact can be "satisfactorily mitigate[d]."' Concerns Raised By Option House Can Be Miti¢ated Satisfactorily 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 of HPC, 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 email 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 IIPC and Option House will have occurred by the next City Council meeting on April 6, 2009- '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 § 65589.5(dX5)(emphasis added). '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 shelter financially infeasible." Cal. Gov't Code § 65589.5(d)(2). s Cal. Gov't Code §65589.5(dX2). LAI 1516250v2 Received 04-01-2009 01*32pm From-Sidley To-CITY OF SAN BERNARDI Pare 003 - - - - -� -- • _ . �� r,•, Sidley Sidley Page 4 S Dl[V ., ♦N I S1-b-0, DLEY Henry Empe,3o, Esq. April 1, 2009 Page 3 Unfortunately, however, in letters written to the Common Council and Mayor on March 11, 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 "[fleeing from family violence is not as important as rehabilitating the lives of perpetrators of family violence."t 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 Ibcusing 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 conccros arc one of the 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 arc already living on the streets of the City, People with whom residents of Option House can come face-w-face everyday. TT,e humelcss of&U, Bernardino huddle at night on street corners, 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. 7 See March 11,2009 Letter from Protin,a Pandey of Option House to Mayor Mortis and the City Council. 'Govt Code§655119.5(d)(e) LA] 1516850v.2 Received 04-01-long 01 ,32pm From-Sidley 'To-CITY OF SAN DERNARDI Page 004 rrl bidley Sidley Page 5 I SIDLEY� Henry L•mpeiio, 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 It]hc uew 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 opportunity 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 § 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. HPC Has A Property 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 misinformed 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 if the City wrongfully denies the CUP application. HPC's application for the CUP was deemed complete on May,27,2008, nearly a year ago. Since that time, the City has repeatedly delayed and continued its decision- Received nd-01-2009 01:32pm From-Sidles To-CITY OF SAN BERNARDI Rare 005 _ _' __. ",,,.. • �„• �,, r,., 5idley Sidley Page 8 SIDLEY Henry Emperlo, Esq. April 1,2009 Page 5 making on the CUP.9 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. Furthermore, 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 Lind 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 arc unavailable for emergency shelter development because they do not comply with the 1,000-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. HPC Will Secure 14'unding When '1'he 'U I,is Aouroved Bv '1'he City At the March 16, 2009 hearing the City asked a number of questions about HPC's funding sources. Because the CUP for the North Sierra Way site has not yet been approved, HPC has been unable to secure government contracts to fund services at the site. As soon as the City approves the CUP, HPC can then move forward to apply for funding. Therefore, HPC cannot yet identify what the exact sources of funding for the site will be. However, HPC hereby gives the City its assurance that it will he willing to share information about its funding of this proposed site as soon as the CUP is approved and funding is secured. Additionally, the City should note that UPC'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 henefit 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. e CUP No. 09-21 way first let on the Planning Commieeinn's agenda on September 16, 2008 and was twice continued before the Planning Commission issued its denial on November 5,2008. Following the denial,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 natter until April 6, 2009. LAI 151685N.2 O Received U-01-2009 01:32pm From-Sidles To-CITY OF SAN BERNARDI Page 006 Sidley Sidley Page 7 SIDLE�Y ILI Henry Empcfto, Esq. April 1, 2009 Page 6 HPC's Proiects Receive Wide Civic Support On March 26, 2009, HPC opened the A&W Adult Resource Center in Lynwood, California, with Aide Castro, Mayor Pro Tem 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 of HPC's commitment to the communities that it serves. As discussed above, the City is required by Califomia 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 IIPC's above-referenced appeal. HPC looks forward to addressing any additional concerns at the April 6, 2009 hearing. Sincerely, �SSPb€ L'STI1�T LLP / By ,r�C� Debra E. Pole cc: :Mayor Patrick J. Morris; City Councilmembers Esther Estrada, Dennis Baxter, 'Tobin Brinker, Chas Kelley, Rikke Van Johnson, Wendy McCatnmack; Terry Rahhal, City Planner Enclosure LAl 1516850v.2 Received 04-01-2009 01:32om From-Sidley To-CITY OF SAN BERNARDI Page 007 t - - - - -- . -- - -- _" a3idieY SidleY Page 8 y F \ iw #we 44a&te rs vat (*000� L%lll�/r�(L4/1!��qC�/lLtlll>G 6;ro��� (&M4�w cl/! �Jll3/ZC�x CLILQ� PC'flQlllf%!J>L O�/�O{GIB �T IL & �lP CQ7>J//!2!G>lltlGv (���>(/2UROaQ� 3farch 26. 2009 ' Date Lima T. Sfinche2, Memb of Con s a Received 04-01-2009 01:32pm From-Sidley To CITY OF SAN BERNARDI Page 008 i • HUMAN POTENTIAL CONSULTANTS "Your Link to a Better Future" ,tune 19. 2008 Developmental Services Department 300 North"D•• Street San Bernardino. CA 92418-0001 St iWF.CT: Background on Human Potential Consultants and ,analysis of the Proposed Adult Homeless :md Resource Center ABOUT CS Fstahlished in 1997. Human Potential Consultants. LLC (HPC) is ccrrificd hr the l: S. Small 13U51neSS :administration as a Small DisadvantaLed Business and 8(a) Firm: the /I"rti State of C;tlifornia Sill-III Business and Los Angeles C'ounq Small Business Enterprise. �j Headquarters in Carson. CA. HPC "as originally luunded as an •-;tlternatite resoiace° for the One-Step Centers throughout Los Angeles County• As a result of all intpccr.d,le reputation throughout the nation for building local economies through lone-tern; huh, ,tithin the communities where their respective projects are located, FIPC began to expand into the realm of managing workforce centered projects and outplacement serf ices l6r displaced employees; administrative support staffing services: utd adult educational aad occupational residential centers. SUaIMARY DESCRIPTION OF PROGRANI The proposed Adult Flonteless and Resource Center should not he contused , ill a catnnnt ur drug rehabilitation center. On the other hand. the .LIult I lunteless and Resource Center is a residential training and entployntent oppurtunin Jt:n ad,lvs,cs the multiple barriers ofentplocntent experienced be admix. �tho lack cducati„rl '111,1 ucational skiiis. !IPC '; ;\dull I lomcless and Resource Center shall provide a comp;'.'ilcnsit e em'ecr developnteut sort ices to residents including academic. social and independent licin,- skills. career readiness training :md other supportite sort ices. l he unique antal :un; tiuns 500 E.Carson Plaza Drive,Suite 127 • Carson,CA 90746 • T.1310)756-1560 • F.(310)756-1562 • infOAPcemployment.org �pr-7n� HPC Anal)sis of the Proposed Adult Homeless S Resource Center Page 2 6 19 2008 of career oriented services are tailored to each resident's need: the skill mixture shall allow each resident to maintain ajob. The Center shall provide the following services in a drug tree environment: • Social, employability and living skills training: • Career counseling and other support services, which are tailored to each residenCs need; • Academic enrichment, which prepares residents for long-term sustainability in today's labor market. The Center shall provide care and supervision to adults ("l8 — 59 years of age) on a long- term basis (up to 6 months on continual residency). ADULT HONIELESS AND RESOURCE CENTER OPERATIONS The Center will consist of 16 total employees of whom six or seven will be case managers and/or administrative employees working the usual Monday - Frida) 8:00 am to 5:00 pm workday. The remaining nine employees will work three shifts a day to Support the 34-hour operation. SECURITY Access to the lobby will be tightly monitored and controlled by staff. An intercom with an enunciator shall be provided to notify staff that someone is waiting. The dormitory areas will be constantly monitored. Exterior door alarms will be provided to prevent the entrance and exit of anyone. Technologically advanced security cameras shall monitor the entire exterior parameters: additional lighting will illuminate the exterior. INTAKE, REGISTRATION AND ENROLLMENT fhe nunther of residents shall not exceed 56 at arc one time and all residents %%ill be dropped-off and picked-up by means of HPC's transportation department. No residents shall he permitted to arrive or depart via their o«n vehicle. The Center shall perform a comprehensive intake evaluation on all aspiring residents. Ira resident is not deemed prepared for intensive academic enrichment. thee shall discontinue their participation. HPC Anah sis of the Proposed Adult Homeless& Resource Center Pace ' 6 19 2008 DORMITORY TABLE 1 Donnitory Configurations Individuals per room Sq.Ft per Room Size Individual 2 people in a room 50 70 3 people in a room 1 30 90 4 people in a room (dormitory style) 27.5 110 Typical living quarters will provide adequate number of functional, clean, full service bathrooms such as: toilets/urinals (1:10). sinks (1:10) and showers (1?0). 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 will be furnished with round tables intended to encourage tastily-style eating and interactions. a Adopted: November 25, 2008 Effective: November 25. 2008 - ORDINANCE NO. Mc-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 San 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 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 thepurpose 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(415) 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 20 intends to study within a reasonable time; and 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 © FTMPEW0rdinancmTffergency Sheller ordinance 1625-08.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 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 2 recognizes that legislative bodies,prior to the adoption of a revised 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 300 beds for the homeless. In addition, the FAEMPEN=rdmances\Ertrrgency Shelter Ordinance 11-25-08.wpd 2 MC-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 150-bed homeless shelter for 3 families and children at 925 W. l Oth Street,is currently under review by the City(see list of service 4 providers attached as Exhibit A to the Staff Report for Ordinance No. MC-1288 and which is 5 incorporated herein by reference); and 6 WHEREAS, on May 19, 2008, the City of San Bernardino retained a consultant, The 7 Planning Center, to update the General Plan Housing Element. The Planning Center has extensive 8 experience with housing clement preparation and the certification review process with the California 9 Department of Housing and Community Development (HCD). The City's Request for Proposals I 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 1 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 of Conditional Use Permit,and the adoption of this FAEMPEN'0\Ordinance&�Em rgmy Shelter Ordinance 11-25L8.wpd 1 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 1 Code) Section 19.02.050, 19.08.020,Table 08.0 1, and adding Chapter 19.10-E,Emergency Shelter 10 Overlay District to permit emergency shelters with approval of a building permit within areas of the 11 IL,Industrial Light,Land Use District lying South of 3rd 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,theMayorand 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 1 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)EMPENODrdinanma Em Tgrncy Shclter Ordinance I1-25-08.wyd 4 MC-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 1. The City of San Bernardino has sufficient emergency shelters, transitional and supportive 5 housing facilities in existence as"grandfathered"uses under prior versions of the Development Code. 6 It also has numerous low-income housing developments and 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 Cityof 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 Cityof San Bernardino,at this 24 time of economic crisis in the housing market,will facilitate the entrenchment of land uses in such 25 manner as to further perpetuate the disproportionate distribution of services across the region and 26 will in fact serve to accelerate the processes Senate Bill 2 seeks to defeat. 27 28 F:\EMPENO\Ordmances\Erncrgcncy Shelter Ordinance 11-25-08.wpd 5 MC-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. OrdinanceNo.MC-1 288 is hereby amended and extended asprovided 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 Bill-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 17 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 20 Industrial Districts List of Permitted Uses, is hereby amended to allow Emergency Shelters as a 21 permitted use,requiring a Development Permit Type I in the Emergency Shelter Overlay District in 22 the CH,Commercial Heavy,and FL,Industrial Light,Land Use Districts pursuant to Development 23 Code Chapter 19.10-E, see Exhibits A and B, attached hereto and incorporated herein. 24 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:TMPENO\Ordinances\Emergency shelter Ordinance 11-25-08.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 11, 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. Pursuant to Sections 31 and 121 of the Charter of the City of San Bernardino 10 and Government Code Section 65858,this Ordinance shall take effect immediately. This Ordinance 11 shall be of no further force and effect 10 months and 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 aproject 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 herebydeclares that it would have adopted each section irrespective of the fact that 25 any one or more subsections, subdivisions, sentences, clauses, or phrases be declared 26 unconstitutional, invalid, or ineffective. 27 28 F1,EMFENO\Ordtnances\Emergency Shelter Ordinance 11-25-08.wpd 7 KC-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 19.06.020, TABLE 06.01, 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 adjourned 7 Council of the City of San Bernardino at a jo}nt regular meeting thereof,held on the 25ttday 8 of November-, 2008,by the following vote, to wit: 9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 10 ESTRADA % 11 BAXTER g 12 BRINKER x_ 13 DERRY y 14 KELLEY 3 15 JOHNSON g 16 MC CAMMACK g 17 18 LoJ R chef Clark,Tity�Cl k„ Q6 20 The foregoing Ordinance is hereby approved this ?(*A day of November 2008. 21 22 G. - 23 Tobin Brinker, Mayor Pro Tem City of San Bernardino 24 Approved as to form: JAMES F. PENMAN 25 City Attorney 26 bid �,JA ^ 27 28 F'ENPENO`.Ordmances�Emergeney Shelter Ordinance 11-25-0A.wpd A EXHIBIT A MC-12" f �U N' G Can U U I I G a. O IU Q I I U I U ❑ Q QQU UUUUQ A V 0 v Uvl QQU aQIUQ U F �aN Q QQ , ; UQ ri a Q QQQ : UI Q Q I U v 3 � Mj Q QQ IUIU Z � i V] C V F y U NI Q Q Q U U V i U Q C � Q a 0 U UU ; Uo r C N I , I U , O F 00 FL' ti h N 3 " � us ❑ a 5 ( N N A a 3 Eg� eu e3- � �N ,: i z n >F.' > u `� $ o C of u .5 .° O .7 3 a yg�y iO o u > K oz 6 Q Q F U U Ern > v u < A � aa MC-1290 EXHIBIT A rA y U -1 I U r r r A V A U I rr ; Ur DOr Ue r 1 r r 1 cc U � r IU r U AUOjj U U 1 U I V U ❑ U A ; U U ^ AUO I y IUv rIUlrr OUOU o V , V I U AUAU h jU U I V U V I AUAU w U . r 1 U U A U O U o Fo O n u z A I ❑ 1 $ � I a Y D yy O h Q G Q y > ^ Y Q a 3g � U C OL YiymN �d �.� .2o � eoay _ p i v m p p W F- aCa �^ ° w ^ � 'g WD u 3 � m2 NO .w7 eMA c ^ mwmoC nw23 tl o aml U a - ev .%r a vi ,c w.1 U Li R MC-1290 EXHIBIT A UQU Q t I U Q U o f iuou in ury iQOU Q ivo : UUQ � - i u 0 u o VIUQU Q IiQiQ v U Q U Q w W o_ W u I UQU Q i Q uUUQ A `u (ilV IUQU Q Q iQUUU iQ u ([•r s U Ni i U Q U Q W o V — i U o U Q Q ; 0 0 0 U U Q C N - F � iv QV o p .. A e1 O .5 F- oV0 n 3 O 's A � a u UN ° e E 9 u N o `er o v n °g �' m m U `S •a u y 0 u v = ',1a o s P d ° 'may E,7v_ ,° n 5 u W o. � N vo Au S 8 - Na • W to EE 6 < F c m ° o Z v z W U 6a.2 � - rvn o iilU G. U o . ,er ao U v F <ii d dam � 4. (7 a MC-1290 EXHIBIT A IV Nf ggqCq igAq ; IUilgl qQq V ❑ g i O t I g p q l i U 7 U I i MOM S U ID IggOq q U . . Iou qq U ' III Q U ^I g q q q I : C1200 I U I um q O q I U c I q U I c a °C m g q q I I cam I U O I I I coo U ^ UN g q q q O U O O g q U U i U g U q q m 0 U V ^ g O q q q U g q q q 1 U i U g U q q q h UNI ggqqq Uggqq UUq UC] U qqq I E-4 u Uggqq UQQUCU Oqq F r ^+ ggqq I I qq 11 I i I qq 0. gg00 ; Oq I I I Iq ( t iqq :i Q U ggqqq Uggqq tIIU IU qtq r m LL vyY o x .6 `o 15 9z MCI Q d E C yi Q'_o ANY. O 3 D u 3 v ° i to Q u g egtt o c u 'nm yu Z gam = u3y m �� SO.a 'n `id U p 5 .Ya a v fay g o C u o $ ,0 0 'S — '.e' q o rn r i u u U a v� C7 U u I a LzT JI o u o W O S w ? u UOv. C7x ..t .� z ^Y, ZOvii Y 9 r.i �G � � cc 9 p W .�: N r.iR vi U mO - EXHIBIT A MC-1290 y Ury ❑ ❑ ❑ ; ❑ ❑ ❑ ❑ ul ❑ ❑ 1 ❑ t ❑ ; ❑ 1 , ; ❑ ; H IV — ❑ 00 ; ❑ 00 ❑ , 0 I in t a ; a 1 i ❑ I x ❑ ❑ ❑ ❑ ❑ inn ❑ U ❑ ❑ ; ❑ ❑ 1 ❑ 1 ❑ U I U ❑ U v �+, O ❑ ❑ 0 ❑ ❑ ❑ 0 I ❑ I ❑ I U ❑ U w ❑ ❑ ❑ I O ❑ ❑ ❑ 1 ❑ I I ❑ 1 ❑ I ❑ ! I i O t a i 1 ❑ Q ❑ ❑ I ❑ I Q I ❑o ❑ I I ❑ a u 1 ❑ . ❑ q ; M- 0 I I a I I 1 1 1 1 1 x 45 U ry 0 ❑ ❑ 1 ❑ 0 1 0 ❑ U I ❑ ❑ t ❑ I ❑ u t U I ❑ I 17 0 P wlu ❑ ❑ ❑ t ❑ ❑ 1 e ❑ u 1 ❑ on I ❑ u ❑ IUU ❑U ury 1O ir ❑ i ❑ 1 ❑ UU I ❑ 1 ❑ I I 3 I Y O E r � V � C � • 0 U 'u• a u � '' a O C '� V 8 _ it > Y O Y Y OO« Y V .4 u ❑ IV. ` O N Y O mY .« ... rn -o u u ro `C U v 0.u 7 a U G C u o rvo •p t� u ui U a u ❑ g'.. a w u o ° m = o? o O u y a E > Y y Y u o 7 L S Y ' o o UUUmw � al � aaa u > 3 < co uU ❑ wwwwx _ ^ o © ❑ °� (� .E .�+ =° -• ry n e 1n 16 n ao P c OI..: ry n e vi .o n m a ° .- `-'� U u U 1290 EXHIBIT A uN ; QQQ V pQOCc. I F I y I Vv II ; p IU Qq ; a ; F m 0 Q p p U Q p p a F p c 0 a U N A V p A 0 p p U A p O p a I F Q c 0 a � ; ❑ 000U OQQQo. IF O 9 u y C h V N I U Q g p ; U Q Q ; p a I F p D F U � It ippp I QpQpa IF q 0 U r+ i 02 a I U q G I A a t F U u 4 ^ o U i ❑pGAU 0 0 : 12 0. F. U e i u Q _C U 72 z .a a A U o 3 3 u 0 m C q wt m .� AwvU e CL M < a tz IL _ u m u e Gzl � � 0 o y o 41 a 8 c V y «•� A �f>. y L a L LZ u caw g < ouuyL .__ uv5 .a .5 m3 u .= uago.^2 � o U El � ACgL` 'oo a�e . to E k m f � 04aa o44aoCin nF4F � .N v ^ vv vi �cn aoao .-: ri ri 4 v ter ad c. l Y 0.y i At:-1290 INDUSTRIAL DISTRICTS - 19.08 EXIMI T 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 888 12/6/93 LAND USE ACTIVITY CH OIP H. 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, D D' D D — repairing or testing of products including automotive related (except dismantling) and welding and excluding explosives, conducted entirely within an enclosed structure except for screened outdoor storage areas; 5. Assembling, cleaning, manufacturing, processing, repair D — — D of products, research, storage, testing or wholesale land uses (except explosives) with a portion of the operation (other than storage)occurring outside of the enclosed structure, A. Outside land uses in the CH and IH districts within C — — C — 150 feet of a residential land use district; 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 Dz — Dr — — 11. Entertainment/Recreational Uses: trtr1290 INDUSTRIAL DISTRICTS- 19.08 LAND USE ACTIVITY CH OD' IL IH IE 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 D — D D D storage 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); 35. Social Service Centers; — — C` — — MC-1290 INDUSTRIAL DISTRICTS - 19.08 LAND USE ACTIVITY CH ON IL IH EE 36. Swap Meets; C — C C C 37. Towing Services; D — D D — 38. Transportation/Distribudon; D — D D — 39. Truck Stops; — — C C — 40. Veterinary Services/Animal Boarding; D — D — — 41. Warehousing and Wholesaling, including self-service D — D D — mini-storage; and 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 M Temporary Use T T T T T Permit) 'Except auto related. Permitted in the Emergency Shelter Overlay District pursuant to Chapter 19 10-E. r 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). Mc-1290 EMERGENCY SHELTER OVERLAY DISTRICT - 19.10.E EXHMIT C CHAPTER 19.10-E EMERGENCY SHELTER OVERLAY DISTRICT 19.10-E.010 PURPOSE The purpose of this chapter 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 Government Code Section 65583 are allowed without a conditional use permit or other discretionary permit Recognizing 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 integrated with commercial and light industrial uses and existing social services throughout 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 Light 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 Emergency 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 1L Districts as applicable as well as Chapter 19 10-E 2. Emergency shelters shall be permitted with the approval of a Development Permit Type 1 within the Emergency 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.040 DEVELOPMENT STANDARDS 1 The following standards shall apply to development of emergency shelters within the Emergency Shelter Overlay District A EMERGENCY SHELTERS Emergency sheltem providing temporary housing and support serviccs to homeless persons, shall be permitted in the Emergency Shelter Overlay District of the CH. Commercial Heavy and IL Industrial Light land use districts subiect 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 II, 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 than % 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 neater (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 ememency 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 identi fy individuals who should be referred to medical facilifin residential care facilities.other service agencies or law enforcement MC-1290 EMERGENCY SHELTER OVERLAY DISTRICT - 19.10.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 job placement 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. Exhibit D-1 MC-1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 1 NORTH C BASELINE-ST D z T� , (C+Cityyof San Bernardino C��\\ Oo132h Exhibit D-2 MC-1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2a NORTH m �JIID 0 rTT, .......... �ROLTO_-AVE C in �2ft Exhibit 0-2 MC-1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2b �J NORTH i �) D L1 Tq � z 6TH — r / � D F007-HILL SL'D — ITN RANCHO=AVE l u iC)City of San Bernardino o Exhibit 0-3 MC-1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 3 NORTH CAROLINEJ D D RARMLAND rn �~INDOS TRIk D Z CANADA J'-- COMMERCIAL imm z m m O D- I I z z (c�_ i"f SanBernardim CITY OF ► • PLANNING DIVISION Area 4 i ii ii X11 r' Hill � ► VIII �__� �_ ■ 1111111111 111��� ■ ItI.L Illt ■� �►%m ardino 1111 ^ o •• ■ : - � 111 � •� � � � . X111■1, � 11111■ ■�IIIi1L� �� 11111 � ■ 1111 =•" I�IIi �= _ 111111 � � � Illi � 0 11:11 •� ��1111- =111111,= ■111111 11111!1' - � � I Illlll i ^�Iillil: 111111111 CITY OF SAN BERNARDINO PLANNING DIVISION Area 5 1111111215 , ` 1�111111i!• _f111�� 11_111 _ ■1111 � � ■ � I dill 11 Adopted: November 25, 2008 Effective: Aoveaber 25, 2008 1 ORDINANCE NO. MC-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 SHELTEROVERLAY 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 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 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 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 20 intends to study within a reasonable time; and 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 F,1EMPEN010rdinencnTF rgmcy Shelter Ordinance 11-25-08.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 thejurisdiction 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 2 recognizes that legislative bodies,priorto 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 1 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 11,Industrial Light land use district with such conditions that do not render such 2 6 projects infeasible for development; and 27 WHEREAS, the City of San Bernardino, in a variety of locations, currently has several 28 existing emergency shelters which provide in excess of 300 beds for the homeless. In addition, the F:�EMPENO\Ordmanca�Em gmcy Shelton Ordinance 11.25-08.v1N 2 MC-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 150-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 1 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 construct ion,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 Conditional Use Permit,and the adoption of this F.\EMPENO\OrdinancesIEmergency Shelter Ordinance 11-25-08.wpd 3 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 08.0 1,and adding Chapter 19.10-E, Emergency Shelter 10 Overlay District to permit emergency shelters with approval of a building permit within areas of the 11 IL,Industrial Light,Land Use District lying South of 3rd 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`.EM PEN0,0rdinanm1Emergency She1a Ordinance I1-25-08.wpd 4 1 MC-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 CaliformaGovernment Code 3 Section 65858: 4 1. The City of San Bernardino has sufficient emergency shelters, transitional and supportive 5 housing facilities in existence as"grandfathered"uses under prior versions 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 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 of land uses in such 25 1 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:IEMPENQ0rdinmccs`Erocrgcncy Shelter Ordinance 11-25-08.wpd 5 MC-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 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 Bill-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 r� 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 17 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 20 Industrial Districts List of Permitted Uses, is hereby amended to allow Emergency Shelters as a 21 permitted use,requiring a Development Permit Type I in the Emergency Shelter Overlay District in 22 the CH, Commercial Heavy,and IL,Industrial Light,Land Use Districts pursuant to Development 23 Code Chapter 19.10-E, see Exhibits A and B, attached hereto and incorporated herein. 24 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.:TMPflYO\Ordinancn,Emergency Shelmr Ordinance 112"8.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)(4XA) 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 11, 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. Pursuant to Sections 31 and 121 of the Charter of the City of San Bernardino 10 and Government Code Section 65858,this Ordinance shall take effect immediately. This Ordinance 11 shall be of no further force and effect 10 months and 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 aproject 17 as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, 18 1 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 herebydeclares that it would have adopted each section irrespective of the fact that 25 any one or more subsections, subdivisions, sentences, clauses, or phrases be declared 26 unconstitutional, invalid, or ineffective. 27 28 F9EMPEN0\0rdlnance0Emergmcy Shelter Ordina cc 1145-08.wpd 7 MC-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 19.06.020, TABLE 06.01, 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 adjourned 7 Council of the City of San Bernardino at a joint regular meeting thereof,held on the 25ttday 8 of November , 2008,by the following vote, to wit: 9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 10 ESTRADA E 11 BAXTER % J 12 BRINKER 13 DERRY 14 KELLEY x 15 JOHNSON a 16 MC CAMMACK E 17 18 19 Zh.elw Clark, City Cl k f�+. .�i 20 The foregoing Ordinance is hereby approved this �24 YA day of November 2008. 21 22 23 Tobin Brinker, Mayor Pro Tem City of San Bernardino 24 Approved as to form: JAMES F. PENMAN 25 City Attorney 27 28 F\ENPENOWOrdmances`Emcrgency Shelter Ordinance 11-25-08."d 9 EXHIBIT A WC 1290 aI V N! p p p p U u c � I O U ' Q = p mou UUUUM U 0 p a p p I U p wD cn u l p V I U C a r INS p GO I I Up F G ppQ U 1 t U ' w t s Uvi V Z 3 Vn� p QQ U I Up F: 5 U QcU UU ; UQ 0 Z Vim! p p0U uu 7 Up FFF• t j o a ? U 4 a i i i Iu W F u $ U S 79 U .5 so u. 23m ° � n Y p" .ua ^' d: > A .� N ° Qa � 6. > AOY � ° 7N Y 7 V Y n a V C) g� ° u p 6Q uS a E U `� o _ - e�i ri a �n per ce U E EXHIBIT A W-1290 I U S I U Q I Q I U ' i U I u gUQj> V - Quo UN , IU , , QUQU a ! Q , , OVgU U V n U I U V U I A V A V T Q C i I UU AUOU o° ww O ta ti v o .. x a 0 2 Y2 � u p rq i U u � ei �i � C W j 2 u^ 3 's o = v ti ° n $ m e z 3 m Y N r Y �p V J 0` 9 aYi O 2 O R Wj a a am 3mu So�C nw 5gOZ `r� oG c .IU � _ NN 0 V 0 � UEU O4U Nne MC-1290 EXHIBIT A U -I U a U q i i h i l l U UUoU q 1 od I UN 1000 in IUg1000 V - I U O U q I Q l i U C a U � IUU A i Iqi iIq e i U A U A I A i I q !U w v7� 'A N f U a U a . I A I UUU q 7 Q W V ^I I U A U A g 1 q U V U OU Ni U q U A a : U U U q � - O � � — IUAU A q ; 000UUa N - Fv IUOU t q - U J U 3gW $ b NL2U ,�I n g g _ c .0 U. � oC9 � c .: t� ve� oo � ♦p°p a,� aYVC _ �'"' Va`6 : '} per = g m � xxoayy m A ul U `r4 a= �°. - N M 0I V h `o. Y °.• v a 'z U N � O - N M C V1 `O t� 00 U Y N EXHIBIT A MC-1290 Ury pOCCC : QAOI : UIICt CQQ U U -i Oo 1 ❑ I Q0 ❑ I I U I U I i Qaa U S IQ : 1moan UIItCU C0 ❑ U � � + 0000 I I Q000 I U I Uo : a 0 0 ry C 0 0 0 C : coo 1 I um I o U 1 00 a - C ❑ CO 0 M 0 UQ ; i ❑ 00 U UQ Qam ❑ O UQCAC UVIUCU 00Q aCQQC Uoaa ❑ IU ; UCU coo aVry ❑ OCQQ UOCQC UU ❑ 000 coo O U C 0 0 0 Q Unman U V C U C U ❑ C 0 W .. Q ry Coco i an i lam 4 - m o o n : 0 i I Q i t 0 w O z U c a n o n - 0 0 0 in 0 i : I U : u o I 0 a F " „ W V Q 7 � � � �.O 6❑ � fA V r1y m Hv sg, � O u � � oh .n " 2 9, _ � $ v'io.o vuV -CAW a � ` � �' OVvOCV= a 6 -H oT k ,;aG vl - ti7 p �+ yy C4 G 0 66 Lx7, '^ .0 d w O a� >. w $ G 3 E .� o b .� A� O �� � kE ? u U0t% a z� 4z0 n a J� V � � qa uOOtO ~ Q� z� aU 9 Ma ..: ri eia vi 1' u mo '? = ri riv vi '6rwo - - - - - EXHIBIT A Mc-1290 OvN ❑ ❑ ❑ in QQ ou1 Q ❑ ; ❑ : q : M : : : QI ❑ ❑ Q in an a i l ❑ ❑ t ❑ IQ 1 ❑ t ❑ , u u ❑ ❑ ❑ ❑ ❑ ❑ ❑ QU ❑ ❑ : aa a 0 U ❑ I u ^ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ; ❑ ; ❑ I ❑ IIQMi u � ❑ ❑ ❑ I ❑ a ❑ ❑ i a I I I I I I a e n ❑ ❑ ❑ I ❑ I I ❑ 1 ❑ in I I rA x y � W n q ❑ a I Q Q i o ❑ U I a i 0 1 ❑ U Q : U 1 g I 9) g a V ❑ ❑ ❑ i ❑ Q I c Q U I Q l a m I Q u Q : 0 0 0 U is ❑ QIIgUUIgIiiQ ! 3 wo .- l ❑ Iq 1 � q ❑ tIgUU : gIIUQ . O E .r V ❑ a � Q I I ❑ I I U U Q I I Q I h a tj F � v C } ro u � H t' 5. n f7 Z ri3f g $ u !y I m a Cyp u yq1 a '/� m O p�lj y VO j Z 00 Y y u - N M •O L . O N U F 'u s g � u .N 3 2 v ... 2j •G m m v a °' u a � y o v`� U � cF G o '` u n c a p, 6 U C� S C v vi:o U u a .`�, p C w 3 r 6 CJ n c+il N ' u — >.'i. u '� u _. y u u xx 8 ., C r.f ... o y $ u u u �e � ° o my o — UuUmc39as � 4aa > 3 G �� C� UUQwwwwSC < vi ,c nm o: O .•: e�i r.iv vi ,o r oo d ° U EXHIBIT A MC-1290 I UNI 1 mOO . U mmgga I F U I U - 1 can l U Comma 1 F q U I I 1 Coo l U mOOCo. UE- Uv I l q I V AA l a F n 0 r V " II lOOOOV O ❑ ICaIF q q tV O O� .C�JN m V maaaaU mmmma 1 F C c I ITV - i m 0 U o m cc a F O a ilU Go qU 1 Ommm V comma. I F q o e 9 U �+ l U man : u Om I Oa 1 F o u � e h U N I U p O p g 1 U m O 1 C a I F q a N WV � 1 7 l Oaa l U Comma. I F m F U - ° F o O N l O 0 m I U C Q 1 m a I F V v y+ � � o A. Q — i ❑pain V 0 i 1 qa. 1 F U far. O � F U i 1 1 C Q o l U 00 1 o a 1 F-- o h � I Fes. 3 `y' � a a b v o 3 A � 3 0 O Y m a W b V e = sE r C 4 w u G V 72 A C V1 C O T u W m Y E nr ` v A .S s c � OO ° b N CY a7 c u O O .O aC u u C >, U F o V U a e a up a i y 3 w s 4 p 0 9 � C� � qq 22 � c W = � AC� � fOaaa `oa 0FaF= m p �� e vi crooao .-: r . iar � r oo N u 7� Q z - - - N N N N N N N N N U Lu a F C MC-1290 INDUSTRIAL DISTRICTS - 19.08 EXHMIT B CHAPTER 19.08 INDUSTRIAL DISTRICTS 19.08.020 PERNUTTED, 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 888 12/6/93 LAND USE ACTIVITY CH OIP H. 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, D D' D D — repairing or testing of products including automotive related (except dismantling) and welding and excluding explosives, conducted entirely within an enclosed structure except for screened outdoor storage areas; 5. Assembling, cleaning, manufacturing, processing, repair D — — D of 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 C — — C — 150 feet of a residential land use district; 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 Dr — D' — — 11. Entertainment/Recreational Uses: Mtr1290 INDUSTRIAL DIS'I RIC fS - 19.08 LAND USE ACTIVITY CH OD' IL III IE 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 D — D D D storage areas for building supplies; 23. Outdoor Horticultural Nurseries; D — D D D 24. Parking Lots; D D D D D 25. Personal Services; D Dt 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); 35. Social Service Centers; — — C — — MC-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 — 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 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 M Temporary Use T T T T T Permit) 'Except auto related. 2Permitted in the Emergency Shelter Overlay District pursuant to Chapter I9 10-E. r 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). MC-1290 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 chapter 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 1906 and Table 08.01 of Chapter 19.08, where emergency shelters in accordance with Government Code Section 65583, are allowed without a conditional use permit or other discretionary permit Recognizing 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 int_ewated with commercial and light industrial uses and existing social services throughout the City. The purpose of the designated boundaries (area of apphcabili ) 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 Heaw and IL Industrial Light 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 Emergency 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 Emergencv 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 Type 1 within the Emergency 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.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 temporary housing and support services to homeless persons, shall be permitted in the Emergency Shelter Overlay Dist het of the CH. Commercial Heavy and IL. Industrial Light land use districts subiect to the standards in this Section As social services with residential components emergency shelters are also conditionally permitted m several commercial land use districts and throughout the 11,. Industrial Light land use district The following standards shall be required for development or establishment of emergency shelters in the Fmergency Shelter Overlay District: (1) The maximum resident canacity shall be 35• (2) The maximum length of stay shall be 6 months- (3) The site shall be located no more than %mile from a public transit Iine7 (4) Any new or existing structure proposed for use as an emergency shelter shall meet current Califomia Building Code requirements (5) Off-street parking shall be provided at a ratio of one space per 1,000 square feet of gross floor arm or one space for each employee on the largest shift plus one space for each agency vehicle plus three visitor spaces whichever is greater (6) Fencing and exterior lighting confomiiim 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 identi fy individuals who should be refereed to medical facilities residential care facilities, other service agencies or law enforcement; MC-1290 EMERGENCY SHELTER OVERLAY DISTRICT - 19.10.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 job placement 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. MF1290 Exhibit 0-1 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 1 NORTH ,�M�,gRT � easee.rrva<-sr 1 � D �\ TF �(C)yftyof San Bemardiw ��\ 0o132ft MC-1290 Exhibit D-2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2a I ft"'t NORTH D^ l I ................ ---............... I Ru L TO=A VE 2 a fE}`_ty`f San Bernardino: MC-1290 Exhibit 0•2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2b NORTH ilIT G) D C, D D. �1 6TH — z W rn cn ` 5TH=5T— i fOOTH/LL—BL Lp 1 RANCHO-AVE 1 iC)Cily of San Bernardino o c MC-1290 Exhibit 0-3 LOCATION MAP Ea3 N BERNARDINO DIVISION NORTH IVlllllllilllll ) I � 1 11 1 � I CAROLINE D D fiA RW'A lv m S� D rNDUS-r z _ rn CANADA COMMERCIAL~ rn�r RTI Jo m z m r C7 �- m4 O D_ (C)Cityof San Bernardino II Z Z- o s CITY OF . • PLANNING DIVISION Area 4 mm _ ic of ardinol mm i ii ii �1� � 1� �IIII SSA ■ /1�� 11111 , ' X1111 ■ r VIII ;_- =i= �' �1111111111 '■'■ 111��� ■ 111■L 11111 ■� �►�� � 1111 � v .. ■ : - � CITY OF . • PLANNING DIVISION Area 5 11111 1 �1�1� � 11111 !;111111 �� t _III - - 1111 �1111111. 1 I 15 I111111i ^111111: I1i111111 (C)City of Sari Bernardino BASELINE-s.r- 11111112 , : 111111111= _1111�� 111111111 f - - 11111 � � � � I Till 11 PUBLIC HEARINGS XXXXXXXXXXXXXXXXX TO BE HEARD AT 4:00 P.M. Development Services 24. Appeal Hearing - 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 facilities and office space located at 840 North Sierra Way in the RM, Residential Medium, land use district. Mayor to open hearing . . . No Action Taken 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; OR No Action Taken 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 to April 6, 2009, to consider Findings of Fact and Conditions of Approval. Approved MOTION: That the matter be continued to April 6, 2009, in order to allow further review by the City Attorney's office. XXV00000cXXXXXXXXXXXXX END OF PUBLIC HEARINGS CONTINUED ITEMS xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx CONTINUED FROM DECEMBER 1, 2008 Development Services 25. Norton Space and Aeronautics Academy - Reimbursement Agreement for waiver/reimbursement of fees. (Backup material distributed on June 2, 2008, Item No. 15; Item continued to August 4, 2008, Item No. 38; New Request 1 for Council Action distributed on December 1, 2008, Item No. 21.) Ward 1 Approved MOTION: That the matter be continued to July 6, 2009. { } �� XXXXXXXXXXXXXXXX XXXXX LV (X - in ct 10 03/16/2009 s- t` I , 3 J • I v ^! 111 1i � III Y ' l V 1 tY w e � y 1 y , l tAll a. t . , . i= Ff/irie ors y + � r ♦♦ � max _ .• - -_.. �5 dE � '� � �F • tai I � _ a l,�! pia.:1( j�1. \ :•' _ --�.win ; �i •��� ,,. r s tilt r �YIY , `"gqugr ll1!:245p iJl4i�l. �",� i mod Y. _ rfi W4 xl i All p < J, i ' . ,._ -� j _., 7 �.�: I N _ . � ti �.. n { 12. 4_ f.� t4 '] h � � .,,,9r \ w,'� 1 '���: S � . . I j _. �� � J I �� �� �� �� . ��� -. . , ,, '�,T.' 3r ., . ya ,) ���, i � �� L � �. .e ' . � ♦ `: f � t 1 ( 1�� , i y, �� . ' � �[ ,y i ,,, �R .. , , , � �, ,_ .� p Y _� �� :�.. ,� - �� � � � � - .N �.�_. %', w.��'. ,,, J. Wit... �� y�� . / L �� �:.' t t � �� �,f1 .rx? � ,gyp' - �.c�'��- '. ;x.. �_ __ ,�,`�, . _ s' ;�,,.., .�' . � �` � - �, iP Y 4 _ �° f sr- T,� - �� ��y r � v 1 F � ..,. i' °� '{�`y qy ,, ]y C "�.n � v.. 41� ';y�i'4 � ' ,Y.2- � 4 .E yLL � � ri3`�'i� '� r __ �- S t, s : .... 'may x+ i Ra �C Ae 4 pn ,z ALA r1. t Nd/J r C I A :.a• - . i Y i i r ' ' •.,, i+, ter•, `, ;• r.• , • -. •I • CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Conditional Use Permit No. 08-21 (Appeal No. 08-07) — Appeal of the Planning Dept: Development Services Commission's denial of a Conditional Use Permit to convert an existing 6,747 square foot church Date: February 20, 2009 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 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. Valerie C. Ross Contact Person: Aron Liang, Senior Planner, ext. 3332 Phone: 384-5057 Supporting data attached: Staff Report Ward: 1 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) Account Description: Finance: Council Notes: Agenda Item No. 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: APPELLANT: Faith Temple AP Ministries Garnett Newcombe 840 North Sierra Way Human Potential Consultants,LLC San Bernardino, CA 92401 500 East Carson Plaza, Dr.No. 127 909.215.8683 Carson,CA 90746 310.756.1560 Background: 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, Dun, Heasley, Mulvihill, Munoz, Rawls and Sauerbrun voting to deny the project. Commissioners Hawkins and Longville were absent. On November 5, 2008, the Planning Commission considered Findings of Fact prepared based on information presented to the Planning Commission and comments and conclusions of the Planning Commission during the public hearing. Commissioner Munoz made the motion to adopt the Findings of Fact and deny Conditional Use Permit No. 08-21. Commissioner Heasley seconded the motion, which carried with the votes of Commissioners Durr, Heasley, Munoz, Rawls and Sauerbrun. Commissioners Longville and Mulvihill voted against the motion. Commissioners Coute and Hawkins were absent. All reports and findings presented to the Planning Commission are attached as Exhibit 2. Conditional Use Permit No. 08-21 (Appeal No. 08-07) Hearing Date:March 16 2009 Page 2 of 2 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 final 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 Impact: 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 Location Map Exhibit 2 Staff Report and Memoranda to the Planning Commission Exhibit 3 Appeal No. 08-07 Exhibit 4 Letter dated November 26, 2008 from Public Counsel Law Center Exhibit 5 Findings of Fact EXHIBIT 1 CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP HEARING DATE: 03/16/2009 PROJECT: Conditional Use Permit 08-21 (Appeal 08-07) NORTH Project Site i; City of fan Bernardino . o42ft EXHIBIT 2 CITY OF SAN BERNARDINO Development Services Department—Planning Division Interoffice Memorandum TO: Planning Commission FROM: Terri Rahhal, Deputy Drector/City Planner SUBJECT: Agenda Item 2: CUP No. 08-21 —Human Potential Consultants DATE: November 5, 2008 COPIES: Valerie C. Ross, Director; John Wilson, Senior Assistant City Attorney The attached Findings and Conclusion were prepared based on the evidence presented to the Planning Commission at the public hearing on October 21, 2008 and the written record consisting of the materials submitted to the Commission by the applicant, City staff, and members of the public. Recommended Motion: That the Planning Commission (1) deny Conditional Use Permit No. 08-21 based on the evidence presented to the Commission at the public hearing held on October 21, 2008 and the written record consisting of the materials submitted to the ' Commission by the applicant, City staff, and members of the public, and (2) adopt the Findings and Conclusion prepared on the basis of that evidence. Attachment: Findings and Conclusion CITY OF SAN BERNARDINO PLANNING COMMISSION FINDINGS AND CONCLUSION OF THE COMMISSION IN THE MATTER OF CONDITIONAL USE PERMIT NO. 08-21 Proposed for adoption at regular meeting of November 5, 2008 (Matter continued from regular meeting of October 16, 2008 for adoption of findings) FINDINGS AND CONCLUSION Based on the evidence presented at the public hearing and the written record consisting of the materials submitted by the applicant, City staff, and members of the public, the Commission finds: 1. BACKGROUND FACTS 1.1 The applicant seeks a Conditional Use Permit for an Adult Education, Employment and Residential Center. The applicant states that the occupants of the facility would be homeless individuals. 1.2 Abutting the proposed project site to the north, west, and south of the site are residential properties in the Residential Medium land use district. Directly across the street from the site are single-family residences in the Residential Medium-High district. 1.3 There are currently ten existing homeless shelters in the City of San Bernardino and two more under construction. Existing facilities provide 265 beds. Space for another 164 beds is under construction. 1.4 On October 20, 2008, the Mayor and Common Council of the City of San Bernardino enacted an urgency ordinance establishing within the City the Emergency Shelter Overlay District. The Overlay District consists of a designated area within the Industrial Light land use district in which emergency shelters are allowed as a permitted use without a conditional use permit or other discretionary permit. 2. PROJECT REVIEW STANDARDS The applicant asserted before the Planning Commission that its proposed project was required to be reviewed under the provisions of California Government Code section 65589.5, subdivision(d). Those provisions limit the ability of a local agency to deny approval for a proposed"emergency shelter." 1 The Commission finds that the proposed project, described by the applicant as an Adult Education, Employment and Residential Center(AEERC), does not share the characteristics of an emergency shelter as set forth in California Government Code section 65582 and California Health and Safety Code sections 50801 and 50801.5, in that: 2.1 Spaces at the AEERC would not be filled on a first-come-first-served basis, by admitting any person needing emergency shelter who requested admission. Instead, prospective residents would be required to have a referral source to enroll at the facility. In addition,potential residents would be screened for suitability based on their ability to benefit from an intensive training program. 2.2 The AEERC would not provide minimal supportive services for homeless persons, but would instead require participation in a full curriculum of educational activities for which not all individuals seeking emergency shelter would qualify. 2.3 Occupancy of the AEERC would not necessarily be limited to six months but rather, according to the applicant, an extension could be allowed, on case by case basis. 3. PUBLIC SAFETY CONCERNS 3.1 The Commission finds that it is likely that many or all of the occupants of the AEERC would be individuals on parole or probation. The San Bernardino Police Department advised the Commission that the resident population of the applicant's similar facility in the Riverside area consisted entirely of parolees and probationers. 3.2 The Commission further finds that there is already a high concentration of parolees/probationers in the area of the proposed project, which along with other conditions makes it difficult for the Police Department to service the area. The Commission finds that the applicant was asked whether it would consider excluding parolees/probationers or limiting their number at the proposed facility,but the applicant was unable or unwilling to do so. 3.3 The Commission finds that past experience with parolee/probationer housing facilities in the City has been unsatisfactory. From August 1998 to May 2001, a 24-unit facility operated on North H Street. The concentration of parolees/probationers resulted in an extreme number of calls for service that forced the Police Department, in conjunction with Code Enforcement and other elements of the City, to shut down the facility in the interest of public safety. From 1999 to 2002, a 14-unit apartment parolee/probationer facility operated on North H Street. As a result of an extremely high incidence of calls for service associated with parolees, the Police Department eventually shut that facility down as well. 3.4 In view of this prior experience, the Commission has concerns regarding security at the proposed facility if, as appears to be the case, all or a substantial portion of the residents would be parolees/probationers. The Commission finds that these concerns have not been 2 adequately addressed. In particular, the applicant did not provide any specificity as to what security training it would give personnel in charge of managing the facility. 3.5 The Commission also has concerns regarding the applicant's procedures for discharging residents,which concerns the Commission finds have not been adequately addressed. The applicant stated that if a resident of the proposed facility were under the influence of a mind altering substance not prescribed, the person would be given a referral for shelter for the night and asked to leave the facility immediately. There was no mention of any intent to contact the Police Department in that event. The Commission is concerned that this situation could lead to the release of a dangerous individual into the community without the Police Department's knowledge. 3.6 The Commission finds that security concerns raised by the potential for unsupervised release of facility residents into the community have not been adequately addressed. The applicant stated that it planned to maintain a day laborer program,but there was no indication of whether the facility would allow residents out on the street unsupervised to permit them to get day jobs. 4. LAND USE CONFLICTS The Commission finds that adverse impacts on neighboring land uses would result from approval of the project that could not be avoided with the adoption of the ameliorative measures the applicant was able and willing to adopt. The most notable of these impacts would be the effect of the project on Option House, a women's shelter for victims of domestic violence, and on the planned Lincoln 11 Elementary School. 4.1 Option House was the first domestic violence shelter in California and has been at its location for 26 years. The facility is located in close proximity to the proposed project site. It maintains 32 beds, not counting cribs. Victims of domestic violence sometimes are placed at Option House the same evening they report being abused, at a time when they are particularly fragile. 4.2 Option House is the only domestic violence shelter located in the central San Bernardino Valley region. The Commission finds that if a facility that might be housing domestic abusers were located in close proximity to Option House, domestic violence victims in the central Valley region might be discouraged from turning to Option House. 4.3 Women residing at Option House who have employment or are students must continue to attend work or school. hi addition, other Option House residents must leave the facility from time to time to attend to daily affairs. Due to the proximity of Option House to the proposed project site, if the project were approved Option House residents would have occasion to walk by the AEERC. The Commission finds that the possibility that perpetrators of domestic violence, and potentially the actual perpetrator of violence against an Option House resident, 3 could be residing in close proximity would increase fear in the Option House residents and interfere with their free enjoyment of the shelter and its environs. 4.4 According to the applicant's Chief Operations Officer, among the training programs offered at the AEERC would be anger management and domestic violence training. In addition, the applicant stated it would not conduct criminal history checks on prospective residents who are on parole or probation. The Commission finds, therefore, that it appears the AEERC would accept residents with a history of domestic violence. 4.5 The proposed project site is located about 150 feet from the site of the planned Lincoln II Elementary School. The school is planned to begin operation in 2011. The Commission finds that undesirable contacts between students walking by the facility and residents of the facility likely would occur. 4.6 The applicant proposed that it mitigate the impacts of the project on the school by agreeing to relocate the AEERC after two years,when the school is expected to open, and to replace the AEERC at that time with a use that would complement the school, such as providing youth-oriented educational programs. However, the applicant never specified what the subsequent use would be, what would happen if the planned subsequent use proved infeasible at the end of the two years, or what would happen if the property were sold. The Commission finds that without specific information on these points, the proposal that a limited-term conditional use permit be granted cannot adequately be considered. The Commission further finds that a limited- term conditional use permit, even if followed by an appropriate subsequent use,would not mitigate the immediate conflicts with the neighboring land uses that would exist if the proposed project were approved. 5. ZONING AND GENERAL PLAN CONFLICTS 5.1 The Commission finds that the proposed AEERC would be inconsistent with both the City's zoning ordinance (Development Code) and its General Plan, as they existed on the date the project application for CUP No. 08-21 was deemed complete, May 27, 2008. 5.2 Section 19.04.030(2)(T) of the Development Code requires social services to i conform to the residential density standard of the underlying land use designation, and to have a level of intensity compatible with the residential district surrounding the site. As originally proposed, the project was to accommodate 56 residents. After consultation with staff, the applicant agreed to reduce the number of residents to 36. However, even that number would be at the extreme high end of the density allowed for the land use district, and would be the equivalent of assuming the maximum permitted number of dwellings on the '/�-acre site(6), each with the maximum number of assumed residents per dwelling (6). The actual intensity of the use would be even greater, given the staffing requirements and the non-residential activity that would 1 occur at the site on a daily basis. 4 I 5.3 Furthermore, Section 19.04.030(2)(T)(9) of the Development Code requires a one-acre minimum site area to establish a social service in a residential land use district. The Commission finds that the 1/2- acre project site does not conform to this standard of the zoning ordinance. 5.4 The Commission further finds that the proposed project would not be consistent with the General Plan in that, for the reasons noted above, the proposed project would alter the character of the surrounding neighborhood. Existing homes in the immediate vicinity of the proposed project are single-family residences. The Commission finds that introduction of a social services facility with a dense residential component would conflict with General Plan Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding land uses." General Plan Policy 2.2.10 provides: "The protection of the quality of life shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public." 6. CONCLUSION For the reasons previously noted, the Commission finds that the proposed project would impair the integrity and character of the surrounding residential neighborhood where the project is proposed. Therefore, the Commission concludes that the necessary findings to approve Conditional Use Permit No. 08-21 cannot be made. 5 CITY OF SAN BERNARDINO Development Services Department— Planning Division Interoffice Memorandum TO: Planning Commission FROM: Terri Rahhal, Deputy Director/City Planner SUBJECT: Agenda Item 1: CUP No. 08-21 — Human Potential Consultants proposal to convert an existing church located at 840 North Sierra Way to a 56-bed homeless shelter DATE: October 16, 2008 COPIES: Valerie C. Ross, Director; Henry Empetto, Senior Deputy City Attorney Background: Item 1 on the October 21, 2008 Planning Commission agenda is a request for a Conditional Use Permit (CUP No. 08-21)to convert an existing 6,747 square foot church located at 840 North Sierra Way to a 56-bed homeless shelter. The applicant is Human Potential Consultants, LLC. Originally scheduled for hearing on September 16, 2008, this item was continued without a staff presentation or a public hearing. Staff requested the continuance to October 21, 2008 to address the applicant's assertion that SB 2 (Senate Bill 2 of 2007, effective January 1, 2008)would preclude the City from denying the subject project. S132 amended California Housing Element law and the Housing Accountability Act to reduce obstacles to development of emergency shelters for the homeless. A primary reason for S132, as stated in the law, is to reverse the trend of concentration of homeless individuals in poorer communities by requiring every city and county to plan for development of additional homeless shelter capacity. A copy of SB2 and a technical assistance memo from the California Department of Housing and Community Development (HCD) dated May 7, 2008 was distributed to the Planning Commission on October 7, 2008. Public Counsel Law Center, a non-profit agency serving Los Angeles County, submitted a letter of support for CUP No. 08-21 (Attachment A). This letter also wants the City about the provisions of S132, including potential limits on the City's ability to deny any application to provide emergency shelter for the homeless. Staff met with the applicant on October 8, 2008, to discuss details of the project, as well as the CUP review and appeal processes. Upon considering the land use conflicts discussed in the September 16, 2008 staff report, the applicant proposed a concept of interim use of the site as a homeless shelter and subsequent conversion of the site to provide youth-oriented services in the future. The applicant's revised proposal, supplemental program information and project site photos are attached as Attachment B. CUP No. 08-21 —Human Potential Consultants 10/16/08 Memo to Planning Commission Page 2 of 3 SB2 Compliance: Staff is currently working with a consultant, The Planning Center, to update the City's General Plan Housing Element. SB2 compliance is a major component of this effort. In order to comply with SB2 pending completion and certification of the Housing Element, the City Attorney will present an urgency ordinance to the Mayor and Council for adoption on October 20, 2008. The Request for Council Action and ordinance, if adopted, will be distributed at the Planning Commission meeting. The ordinance will establish an overlay district within a portion of the IL, Industrial Light land use district to encourage establishment of emergency shelters, which will be permitted by right in the specified area of the Overlay District. Development standards and siting criteria for emergency shelters are included in the ordinance, consistent with the provisions of SB2, in Section 65583 (a)(4)(A) of the Government Code. Another provision of SB2, Government Code Section 65589.5 (d), limits the authority of a local agency to disapprove an emergency shelter unless one or more of 5 specified findings are made. Some elements of the specified findings are already discussed in the September 16, 2008 staff report as standard findings for approval of a Conditional Use Permit. However, to comply with the specific requirements of SB2 for denial of CUP No. 08-21, staff offers the following additional finding as a supplement to the findings in the September 16,2008 staff report: Additional Finding of Fact: The emergency shelter, as proposed by CUP No. 08-21, would be inconsistent with both the zoning ordinance (Development Code) and the General Plan, as they existed on the date the project application for CUP No. 08-21 was deemed complete, May 27, 2008. As noted in the staff report dated September 16, 2008, the project site is too small to accommodate 56 residents in a manner that would be compatible with the low-intensity land use of the surrounding neighborhood. The site is located in the RM, Residential Medium land use district, which permits single and multiple dwelling units, up to a maximum density of 12 dwelling units per acre. The RM district also permits social services subject to the requirements of Section 19.04.030(2)(7) of the Development Code, which requires social services to conform to the residential density standard of the underlying land use designation, and to have a level of intensity compatible with the residential district surrounding the site. The proposed project does not conform to these requirements of Section 19.04.030(2)(T) as follows: The proposed emergency shelter for 56 individuals would far exceed the maximum residential density permitted in the RM land use district. Utilizing a range from the average household occupancy of 3.2 persons per dwelling to the maximum assumption of 6 residents per dwelling, a 56-resident facility would be equivalent to 9 — 18 dwelling units. Since the site is only 'h acre, the equivalent density would be 18 — 36 units per acre. The intensity of the use would be even greater, given the staffing requirements and the non-residential activity that would occur at the site on a daily basis. The maximum residential density permitted on the project site would be 6 units, which would accommodate a range of 20— 36 residents. Furthermore, Section 19.04.030(2)(7)(9) of the Development Code requires a one- acre minimum site area to establish a social service in a residential land use district. The '/2- acre project site does not conform to this standard of the zoning ordinance. CUP No. 08-21 —Human Potential Consultants 10/16/08 Memo to Planning Commission Page 3 of 3 The proposed project would not be consistent with the General Plan. The application for CUP No. 08-21 was deemed complete on May 27, 2008. At that time, the City of San Bernardino General Plan Housing Element was certified, in full compliance with the requirements of HCD. As noted in the September 16, 2008 staff report, the proposed project would alter the character of the surrounding neighborhood, where existing homes in the immediate vicinity are single-family residences. Introduction of a social service with a dense residential component would conflict with General Plan Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding land uses. " Therefore, based on General Plan Policy 2.2.10: "The protection of the quality of life shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public. " CUP No. 08-21 should not be approved. Conclusions: The applicant's alternative proposal to establish a homeless shelter as an interim use and to eventually convert the facility to a youth-oriented service facility would be superior to the original proposal. However, the ability of the City to enforce a planned land use change would be limited, and incompatibility of the shelter facility with existing single family residences in the area remains a concern, even in the short term. Another meeting is planned to review security, operation and management plans for the proposed facility with the Police Department on Friday, October 17, 2008. Staff will reserve its final recommendation on CUP No. 08-21 for the oral staff report to the Planning Commission on October 21, 2008. In the meantime, the previous staff recommendation to deny the project stands, as follows: Recommendation: Staff recommends that the Planning Commission consider the staff reports and recommendations, together with testimony from the applicant and members of the public, as well as the attached supplemental information, and that the Planning Commission deny Conditional Use Permit No. 08-21. Recommended Motion: That the hearing be closed and that the Planning Commission deny Conditional Use Permit No. 08-21 based on the Findings of Fact presented in the September 16, 2008 staff report and the additional Finding of Fact in the staff report memorandum dated October 16, 2008. Attachments: A. Letter of Support for Human Potential Consultants and CUP No. 08-21, from Public Counsel Law Center of Los Angeles, CA dated October 10, 2008, B. Letter and Supplemental Program Information from Human Potential Consultants dated October 14, 2008 C. Background documents related to the proposed urgency ordinance crowPablic Counsel 213 385 9089 10/10/2008 ATTACHMENT A W 1.1.L lie O 610 SOUTH ARDMORE AVENTUE 90005 LOS ANGL-LPS, CALIFOILNiA 90005 TELEPHONE: 213/385-2977 L A W C E N T E R FAx; 2131385-9089 THE PUBLIC INTEREST LAW UFTICE OF THE WS ANUELES COUNTY AND BEVERLY HIL S BAR ASSOCIATIONS FACSIMILE COVER LETTER DATE: 10/10108 PLEASE DELIVER THE FOLLOWING 3 PAGE(S) (WHICH INCLUDES THIS COVER): TO: (p f A Fx :eri ; nirY.� cvmmiSsiwll (40q) 394- 5158 City cflc FROM: fel�j DGLaPczA REmawS` Aftir*A is a1 ic*r fvom PLAWic Caunsd re,; the Oc+. 2t , 2008 hewfiI j M CUP 11413. Q5-;L1 , `Thank yoti11 ITf° 2 305-2 f ) x 3-� The information contained in this facsimile message is privileged and confidential. It is intended only for the use of the individual named above. If the recipient of this facsimile is an individual or entity other than that named above, any use,di.4seminatior4 distribution or reproduction is strictly prohibited. If you have received this communication in error,please notify us by telephone and return the original to us via U.S.Postal Service. Thank you. Received 10-10-2008 05:18pm From-213 385 9089 To-CITY OF SAN BERNARDI Page 001 rom:P7rblic Counsel 213 385 9089 10/10/2008 16:34 8159 P.002/003 Boon AmUl4 w D+n4"ygnlraBtNRn I AN1 M.AlK6Q JDNAVT ANBCHELI. W .� • CD rd.w.,, abut uvn B lierdn LLY ss�Ddd..Ea�am: MMES a wSMV�Eit,`'"t` L A w C A N T E R n'dm"Pn.I IP LU9E B BD2ll �Sn.wHiw G nC/�T TH6?I;BLIC INTFAHST IAW OFFICE OP7NHI.�ANCHLE6 COl:M.Y ANC BEVEILY.YILLY tMt�AS]lKiAl:ONS �nndn.G.LFeew EJ:.w RICFpIAA BVRDGE.JR LLP The SamheLa CeLtomi.°1h8cu d:h.L-yee C.nuruue iw(:iaii FiRhe tindn La wTFN d 10RDM T. Irdl BMou4➢v LV yWNIr1CLNNgpy:, HIER PHILIPLc K IN UDp L Vf.'tA reu D Sent via faeshnile to: 909-384-5080 P sw a A RYAN A DECKER MANC H.EPSTE LLP caicbM cv ur October 10, 2008 Tw.y}1eAv,B Md]y LN MIL J FwNHC.AN W➢ WimIee�SMu Wneum I1P Brtu PL1,'MHVBAI BA City Of San Bernardino 1":uH °W co�i `=i: Planning Commission rwe and li WLL aP1c 300 North"D" Street CAALENE DOLLB0.- b ram San Bernardino, CA 92418 (:VU]LH G HANOIm 61Ah EW'fHEAR7Ner- Re: October 21,2008 Planning Commission Meeting MLL555aAD w"pcws Conditional Use Permit No.08-21 DAVID B Pa.1IP 1. O.IDfWBON^ SeM p DN 0" N mm BmA R L EI'Y Dear Commissioners: AHn�br.�7 aeer`�B Fsa LLP ��m�Ltvwp nc,. Ln Public Counsel is a non-profit public interest law£um dedicated to advancing BJOn Lm MALMLUND equal justice under the law by delivering free legal services to indigent and 411 M1AgMARO" „ o L P underrepresented children and adults throughout Los Angeles County. In ELADNE ROBERT&MEYBR furtherance of Public Counsel's mission,the Community Development Project's S`e�„ Housing Opportunities,Preservation and Friforcement("HOPE-)Unit advocates TyyH��PyyDI%)AFN MfI'FR" 44p CIINSIDMICRA MUMHM r" DIR6'C2V for local land use policies that further the production and reservation of ItO Dl.NBCSIM affordable housing in cities throughout the County. We are currently OMAS 1.N IAN +.0h& 8Eit L-1hk'lraaen,ur collaborating with cities in the development of their housing elements for the KVZn 9 DDB - 2008-2014 planning period to ensure compliance with state law requirements and NIL&O'HANMN o av to ensure that the housing element meaningfully and adequately responds to the f �80b°f'UP housing needs of the City's lower-income and homeless residents. _0"nnYBrri�°RI U M 1 MoaNr� We understand that a proposal has been made by human Potential Consultants, R�AMe�m[.�p��%L,1Cm 1LU LLC to convert an existing building at 840 N. Sierra Way into a homeless PHIlIPA -%YT°-•. facility. We also understand that the original hearing(September 16,2008)on Ree.BM.-w' this-a It give B.O..nAA A application has been continued to October 21,2008 to vc staff additional ALJ(H.Rl/BtilH time and opportunity to research applicable state law in the context of some of Mepq pq R B Hampmn]1P r r. � the concerns that were raised in the public hearing process(including[ Lae impairment of the integrity and character of the land use district; negative Ro°�° l.�w`�B,Nnm � impacts on quality of life; security issues surrounding activities of the residents; an° Tivn0n`� disturbing the existing y 8 O E sYxrt 1 8 g peace and harmony of the surrounding residential Ro°"`Ben4P,°siYb"v1P.Ya- neighborhood; nuisances of traffic,noise, light; security issues for children at MF.ns�w3n N.J.B R..nd..t L1P ADMAN M.SILBERFFIO"' play in the Seccombe Lake recreation area and walking to furore elementary AAµKaelw Mr"WAR(Y�i LLY. z3�nnzi sNlDHa school in close proximity; adverse W the public interest,heahh, safety, dw M.IN RldvLraHmnp"LIP convenience and welfare of City; site not physically suitable). 411K SS WDLFa Mow t+"mrad Nwn�Sn.m L(P dICHAf1 H.STE09B We arc writing to advise you that the City would take a significant risk in making fiAens �rro a decision to deny an emergency shelter under applicable law, including, but not AVIDASWARU limited to, California Senate Rill 2("SB 2")and the Housing Accountability Act. 'A�"UL m'`SI W�EtZItT.IK 1��B Lo3Fne Kmn.Gam E➢4 LLP' ;A Ii.M1CDAI.TTF en Medan RL:.m.e LLP lil%A URQ3A JA a ""ft teems mentioned in Findings of Fact from Staff Report Summary from City of San Bernardino wLK�.w.utwi_h c9B TZO1f•E Planning Division re: Conditional Use Permit No.08-21,hearing date September 16,2008 MVF%D.Wrn 0 'NK B(ae uY �E�EE.N...NdETmHm21PPAPN .1P7 h➢D9VARDG ZIMAt.1��` ' V��u.m�e�mwnL ln� Pan dmp..m MAIL P.O.BOX 76900.LOS ANCEI rS CA 900769900•TCL 213.385.2977 FAX 213.385.9089.W WW PVBUCCOUNBELDAG -1-here it no greater justicr than equal justl x.° Received 10-10-2008 05:I6pm From-213 385 9089 To-CITY OF SAN BERNARDI Page 002 4-rom:Public Counsel 213 385 9089 10/10/2008 16:34 11159 P. 003/003 Page 2 of 2 You may be aware that the City has failed to adopt a housing element for the current planning period(2008-2014), which was due to the State Department of Housing and Community Development("HCD")by June 30,2008. 'Ibe City's adopted 2008-2014 housing element must comply with SB 2, effective January 1, 2008, which strengthened existing state law to provide opportunities for the development of emergency shelters(as well as transitional and supportive housing)by ensuring that every local government has the zoning and land use controls in place to encourage this housing type. The City's housing element should include the following: • Estimate of the number of persons in need of emergency shelter in the City of San Bernardino(including analysis of both seasonal and annual need); • Identification of at least one zone permitting emergency shelters without a conditional use permit or other discretionary review. This zone or zones must have sufficient capacity to meet all of the City's identified need for emergency shelter and applicable land use controls must encourage and facilitate the development of emergency shelters; • If the City does not currently have such a zone, a program to amend its Zoning Code to provide a sufficient zone or zones within one year of adoption of its housing element. Based on the requirements outlined above, prior to making any decision to deny this application, the City must assess whether such denial would make it more difficult for the City to meet the requirements of SB 2 because,among other things, it must identity additional land with capacity available for emergency shelters. To the extent the City asserts it has adequate resources available to meet its existing homeless needs,the City should make clear the grounds on which this assertion is based, including any calculations made. Regardless,the City is still severely limited in its ability to deny this application under the Housing Accountability Act,particularly because it does not have a valid housing element. We welcome a meeting with the City to discuss these issues in further detail. Very truly yours, Remy De La Peza Attorney Equal Justice Works Fellow Public Counsel Law Center CC' Terry Rahhahl, Planning Director rahhahl te6alisbcity.ore) Aron Liang, Senior Planner(liana ar(iDsbcitv.org) Received 10-10-2008 05:16pm From-213 385 9009 To-CITY OF SAN BERNARDI Page 003 ATTACHMENT B October 14,2008 City of San Bernardino Ms.Terri Rahhal,Planning Director Mr.Aron Liang,Senior Planner 300 N.D Street San Bernardino,Ca 92418 RE:CUP 08-21,840 N.Slerra Way,San Bernardino Lear Ms.Rahhal&Mr.Liang- Thank you for taking the time to meet with Hunan Potential Consultants,L.L.C..(HPC) last Wednesday,October 8°,2008. We found the meeting to be beneficial through the clarity that was provided on a number of points. In an effort to respond completely,we arc providing additional material that may not have been circulated prior. Additionally, we arc outlining some of our vision for the future use of the building on 840 N.Sierra Way. With regard to many of the questions about the site use,integration Las pan of the surrounding community)and safety,we are including additional information regarding the safety plan as well as programming for the site. This additional documentation will show a strict policy that all residents are required to follow as terms of their stay. The safety plan monitors and ensues that all policies are being enforced. There are strict �+ ingress/egress control measures to reduce activity at the site. We strongly believe that this model not only street to create structure and foster the growth and development of its residents while they are there,but its programming also considers the surrounding neighborhood and respects many of the same social patterns so as to be a good neighbor. It is unclear,as was made evident in the meeting,that the Police Department was provided all materials as presented by IIPC. As such,those necessary items are enclosed. Also,as of the date this letter was submitted,City Staff have been unable to reach Ms. Sharon Crawford for follow-up. Other discrepancies were verified in the meeting,and while many of these matters were clarified,it is our understanding that the staff report will be revised to reflect less of a presumptuous understanding of the building's use,and a more reasonable interpretation of the relevant facts as they pertain to the proposed use and its applicability to the City's zoning code. To better understand the site.an aerial photo is being attached as pan of this submittal,as well as photos of the neighborhood directly surrounding the site. Context plays a key role in understanding why this site is perfectly situated for our proposed use in the short term. While the City and School Districts'plans for the area show great promise for future growth,it is clear that neither the Seccombe Lake redevelopment,nor the new elementary school are likely to come to fruition in the next few years. HPC intends to keep the property in a manner that is well groomed and attractive in nature. In an effort to maintain the character of the existing area,IIPC proposed fencing that is similar to that of the adjacent cemetery,but it appeared to be less than well received by planning staff in their report. IIPC is open to alternative perimeter fencing materials,and feels that in combination with adequate landscaping,the street scene will be more than presentable. While staff was most helpful in assisting HPC to understand its concerns,there were not any suggestions from staff on how to work with us on crafting a strategy to making enforceable commitments within the Conditional Use Permit conditions. HPC was tasked with suggesting alternatives to long term use for the site. Some discussion surrounding a'sun."clause'for the permit was trade,but staff was hesitant to commit. HPC even suggested a deed restriction for the property,but staffs belief was that it was only a start,and not something they could enforce. It is our short term goal,at this site,to be able to provide services to the homeless utilizing a strategy that has been proven to work. The area in which this building is located will allow us to begin taking strides in that direction. However,this location is limited in size,and will only serve to begin assisting those in need. It is the goal of HPC to eventually relocate to larger quarters,thereby converting this building into a use that would enhance the surrounding neighborhood. The revised use will include continued provision of services for those in need of training in the area. These services may include training and services complimentary to that of an educational facility. Given the adjacent planned school,this location may he able to C provide additional programming catering to the local youth. HPC will continue to work with the school district to create a partnership for providing such courses. With this proposal for future use,we are tasked with finding a mutually agreeable terminology that will satisfy our interest to begin serving the homeless in this area while guaranteeing the City and its residents that this use will be relocated once certain,agreed upon,trigger actions are reached. Such actions could include such things like relocation of HPC services for the homeless to another area once the Certificate of Occupancy is issued for the school. Or,should the redevelopment occur first,a change in use tied to building permit issuance or similar approval could be utilized. FIPC is willing to accept a condition that limits the use of this facility as a homeless shelter once reasonable activity on the aforementioned plans takes place. Finally,we have included the relevant statistics on the homeless population in San Bernardino. Senate Bill 2 also provides a strong foundation for supporting this type of permit. Their advocacy group has also provided input on our project,and their letter is C .�, included. By reviewing the numbers m these statistics to tandem with the current number of available slots serving the community in a similar capacity to that of HM"s program it becomes clear that this type of project will provide a largely underserved population with the tools necessary to integrate back into society. Other sites currently operating in the City do not have the capacity to provide the extensive training and programming that I IPC has outlined. HP("s focus is to serve the community of San Bernardino. As such, their goal is to hie from within the community and employ as many of their residents successfully. I IPC looks froward to finding a mutually agreeable solution in short term and long term accoanos for this ate. If any questions or additional materials are required.please contact Nicole Mounts at 909.2926376 or nan.nbe.cons9>.liaY'w<a�taA cwn 1 hank you for pm time and consideration in this matter. Sincerely. z-0w,4,- Or-Gamert Newcombe CEO Hunan Potential Coasuhants.L.L.C. August 13, 2008 Mr. Aaron Liang Sr. Planner Development Services Department City of San Bernardino 300 North "D" Street San Bernardino, CA. 92418 RE: Responses to Questions Raised by San Bernardino Police Department on 3uly 31, 2008 at the City of San Bernardino, Development Service Department, Environmental Review Committee Dear Mr. Liang: Pursuant to the request from the San Bernardino Police Department, Human Potential Consultants, LLC has provided a response that is an addendum to our previous information submitted to the City of San Bernardino, Planning Department regarding our Adult Education, Employment and Residential Center (AEERC) site. Our Securitt Plan addresses activities such as: site security, discipline/seizure, disturbance control, facility containment/parking, search and seizure and emergency evacuation procedures. HPC maintains for all its sites an operations manual that details specific procedures and policies related to site operations. We have provided some preliminary detail for our proposed facility site: Adult Education, Employment and Residential Center (AEERC) at 840 N. Sierra Way, San Bernardino, CA. 92410. The AEERC includes a program effective security plan that encompasses the installation and use of six (6) security cameras in the following areas: a) Kitchen/Dining Stations, b) Resident Living Quarters, c) Front Entrance and door, d) Side/Back Patio and door e) parking area and the f) recreation room. The CV0204DVR (Digital Camera Video Recorder) is s feature packed digital video camera recording system. This complete system comes with four outdoor cameras that can be displayed all at the same time (quad view). AEERC has the capability of customizing the recording and to set a 24- hour recording schedule based on preferences. The DVR may record continuously during the day, then record only when motion is detected at night. Each camera is equipped with AEERC-Conditional Use Permit No.08-21 1 10/14/2008 Human Potential Consultants,LLC night vision, so that security guards/monitors can view and record in total darkness. The Digital Camera Video Recorder's list of features and system operating materials are below. 4CH DVR w/ 160GB hard drive 4 CV67 Cameras • 1 DVR Power Adapter • 4 x 60ft RCA video/power wire • 4 Camera Power Adapter • 5 BNC connectors • RJ-45 Ethernet Cable • Software Installation CD • RCA to RCA Wire (male) The AEERC will additionally use two Indoor Speed Dome (270x Day/Night) Zoom cameras. The day/night high-resolution indoor speed dome with a super Spherical pan/tilt will continuously rotate 360 degrees, records 24 hours with automatic turn over of 180 degrees. It has 27x optical and 10x digital zoom capability, delivering 270x zoom power that captures the finest details. RS-485 Communication channels are available for remote control purposes and may be programmed for 64 preset precise locations of target areas. The AEERC utilizes a Biometric Hand Punch — touch Station for facility ingress/ egress control, computerized by a log system to capture resident sign in/out. Case managers and guards/monitors use the hand unit to record resident time, attendance, monitor and control building access and track program activities. The system provides safeguards against security threats and eliminates "buddy punching". The unit is constructed of injection-molded plastic, lightweight with a silicon rubber keypad and an internal lithium battery to keep time and calendar in event of a power outage. There is no parking of resident vehicles at this facility or loitering allowed and the AEERC will provide limited transportation for common trips and off site storage. The facility will be gated, establishing a controlled environment for educational and programming purposes. No, drug/alcohol use is tolerated by homeless residents and surveillance is maintained through ongoing and continued observation of resident behaviors, searches, random testing, and is also based on the client assessment, previous history, and current status in relation to substance abuse. Overall, our guards/monitors will be uniformed, trained in all matters related to emergency and disaster procedures outlined in our manuals. AEERC-Conditional Use Permit No.08-21 2 10/14/2008 Human Potential Consultants,LLC The AEERC Emeroencv Evacuation plan and quarterly emergency drills will be conducted and are fully documented to include date and time, evacuation path used, number of staff participants, and visitors involved. The documentation of the emergency drill will also include the amount of time to complete the drill, and other pertinent comments. The drill will also include the testing of smoke detectors. Fire drills will ensure familiarity with exits in an organized manner. The following summary procedures will be documented and implemented at all AEERC facilities: A. Designation of Emergency Drill Coordinators B. Diagrammed Emergency Drill Plan C. Emergency Procedures D. Drill Documentation The AEERC has a written Disturbance Control Plan (DCP) in the event of a major disturbance at one of the AEERC sites. The plan shall include crowd control procedures, steps for requesting after hours emergency transportation of resident participants at temporary facilities, assistance from local law enforcement and/or emergency agencies as circumstances warrant. The following summary procedures are documented and implemented at all AEERC facilities: A. Definition of Disturbance B. Emergency Procedures Implementation and Monitoring C. Notification Procedures for Disturbances /Intervention D. Disturbance Resolution and Documentation A copy of the disturbance report shall be maintained in the facility's central administrative filing system, and a copy provided to the AEERC Project Manager. The AEERC, Search and Seizure oolicy/procedures establish measures to control the introduction/possession of contraband at the AEERC program site in order to maintain a safe and secure environment for staff and resident participants. Control is accomplished through searches of participants and participant's living and common areas. Possession of contraband as will result in disciplinary action and confiscation of the contraband. The following procedures provide specific guidelines for searches, including the completion of appropriate reports and accompanying documentation. AEERC-Conditional Use Permit No. 08-21 3 10/14/2008 Human Potential Consultants. LLC A. Unauthorized Property/Illegal Contraband/Illegal Drugs and Controlled Substance Defined B. General Guidelines on Search and Seizure Policy and Authorized Personnel C. Facility Search Procedures. D. Seizure Definition/Policy E. Staff Reporting of Contraband A copy of the contraband report shall be maintained in the facility's central administrative filing system, and a copy provided to the AEERC Project Manager. Guidelines pertaining to AEERC participants' Progressive Discipline Policv and basic rules of conduct, and policies that address zero tolerance on alcohol and drugs use, fraternization, smoking and personal appearance and hygiene are outlined on Sections B8 — B12 of the AEERC Handbook. Serious violations of these rules may result in disciplinary actions that can lead to immediate discharge from the program. The AEERC Program shall classify reports of rule violations as Administrative Rule Violations or Serious Rule Violations. A. Rule Violations Defined: Administrative or Serious B. Disciplinary Methods: Counseling or Violation Report C. Supervising Case Manager Review of Disciplinary Actions A copy of the rule violation report shall be maintained in the facility's central administrative filing system, and a copy provided to the AEERC Project Manager. Human Potential Consultants, LLC has taken time and good faith measures to ensure proper understanding, education and cooperation for proposed operation of the AEERC for the benefit of the highly concentrated homeless population in Ward 1 and Supervisor District 5 and for the city and county of San Bernardino, California. Sincerely, Garnett Newcombe CEO AEERC-Conditional Use Permit No.08-21 4 10/14/2008 Human Potential Consultants,LLC _ N a N O O 7 y N WN LL Q� E > N C N _ OI LI i0 N N N N �✓i '2 Unm Um U R T� N OI OI D m N v ` C Z N W v N b U Q w tt LL > U U U 0 E m UE Om d :-a OUP U Uf vim❑U T W m _ e v N U a 6 a p JU= g Ux¢z awn _ lF uN0 of cif � a m m W e 2 W W W O O T } OZ ON G d C E E' E v C 3 N 2 w LL J LL_J G aQW r¢a Ftta mai NQ xw om P iii � ° uai Nrn a W m t 2 a m d m f f O a j T = N a 9 U a m m m E T f C e OI J q v m C pi U 4 m m �F �� 3ia �ctia coif N U.� Uf min U um Uf c m m u Tc x m m m U f f f O_ C � U O> o` mz Q2 <j U V � u m m M O V1 .v•It4Y--.__.l-'.�''� "� ' : syrc� �� ��,,,:,�Jajrd„�,c.1..-d w ��t a N ra JVar._+..,.�--.__Jl..�_...-._ :.�.�A.....,... »._. - ,..d. +:ice rr....wMwr� .:. �.�anVNwkt� r ✓� tv Imp lot-, 41, ILMO MAP N Serra W., y, Ama t1 _ FWR ! C .• • • CO • l 1 r . r I y 4 ' f l i I. y: I � l 2007 San Bernardino County Homeless Census and Survey Summary According to the San Bernardino County Homeless Census, 7,331 respondents were homeless at the point-in-time that Census was conducted. An annual estimation of 17,551 people will also experience homelessness. • 1,420 of the respondents reside in District 1 (City of San Bernardino) • The ethnic breakdown of those respondents is as follows: 0 44% Caucasian 0 24%African American 0 21.8% Hispanic/Latino • The gender breakdown of the respondents is as follows: • 63.1% are male • 35.8% are female • The age range of the highest numbers homeless respondents is as follows: 0 31.3% are41-50 0 27.1% are 31-40 0 18.9% are 22-30 • 17% of the respondents are United States Veterans, with 63.5% rate of honorable discharge from the military • 38.1% of the respondents are chronically homeless • 23.7% respondents experienced a loss of employment, and 23.5% cite the use of alcohol and drugs as the top two reasons for their current homeless status. • Reasons cited for homelessness: 0 33.9% of respondents are unemployed because they did not have a permanent address 0 32.1% had no transportation 0 29.3% had no phone 0 24.3% were using Alcohol/Drugs 0 23.5% did not have appropriate clothing • 71.9% of respondents reported that they were living in San Bernardino County at the time they became homeless • Of the 83.4% of unsheltered respondents in San Bernardino County: 0 21.9 % are on the streets of San Bernardino city 0 11% are living in emergency shelters 0 5.6% are living in transitional housing. • 34.5% of County-wide respondents have less than a high school diploma, and 35.2% of respondents have obtained their high school diploma. • 26.3% of respondents were currently experiencing mental Illness and 42.0% were experiencing depression • 66.9% of the respondents are NOT using Mental Health Services • 54.0% of respondents were not receiving government assistance services • 82% of respondents were not aware of the San Bernardino County 211 Help Line ATTACHMENT C CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN Subj ect: AN URGENCY ORDINANCE OF City Attorney THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL Dept: CITY ATTORNEY CODE (DEVELOPMENT CODE) SECTION 19.02.050, 19.08.020, TABLE 08.01, AND Date: October 17, 2008 ADDING CHAPTER 19.10-E, EMERGENCY SHELTER OVERLAY DISTRICT, TO PERMIT EMERGENCY SHELTERS WITH APPROVAL OF A BUILDING PERMIT WITHIN AREAS OF THE IL, INDUSTRIAL LIGHT, LAND USE DISTRICT LYING SOUTH OF 31D STREET, EAST OF WATERMAN AVENUE AND NORTH OF CENTRAL AVENUE, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY. MCC Date: October 20, 2008 Synopsis of Previous Council Action: October 1,2007- Mayor and Council approved CUP No.07-03 to allow the Salvation Army to construct a two story, 34,833 square foot, 124 bed mens shelter and rehabilitation center on 8.8 acres at 363 South Doolittle Road. October 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. May 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. Recommended motion: That said Urgency Ordinance be adopted. jesFrP:enrnan, City Attomey i Contact person: Henry Empeno, Jr.. Sr. Deputy City Attorney Phone: 5355 Supporting data attached: Staff Report Ward: 1st FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: Agenda Item No. ;� 41 c.ICSeocelnln_A:......n.n\C.........,..,c6..1.... Or A_1 l.nn...m n Ai---1 n_16_n4..—A STAFF REPORT Council Meeting Date: October 20, 2008 TO: Mayor and Common Council FROM: James F. Penman, City Attorney DATE: October 17, 2008 AGENDA ITEM: AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.02.050, 19.08.020, TABLE 08.01, AND ADDING CHAPTER 19.10-E, EMERGENCY SHELTER OVERLAY DISTRICT, TO PERMIT EMERGENCY SHELTERS WITH A BUILDING PERMIT W ITH IN AREAS OF THE IL,INDUSTRIAL LIGHT, LAND USE DISTRICT LYING SOUTH OF 3RD STREET, EAST OF WATERMAN AVENUE,AND NORTH OF CENTRAL AVENUE, DECLARING THE URGENCY THEREOF,AND TAKING EFFECT IMMEDIATELY. Background: Senate Bill 2(Chapter 633,Statutes of 2007, effective January 1,2008)has been adopted by the State to encourage the location of"emergency shelters"i.e.emergency homeless shelters. Senate Bill 2 works in two ways. First, it requires the amendment of the General Plan Housing Element. The principal modification is the identification of a zone in which an emergency shelter can be established as a permitted use without a conditional use permit or other discretionary permit, and without conditions except as specified in the statute. Any draft housing element submitted to the California State Department of Housing and Community Development after March 31, 2008 will be required to comply with Senate Bill 2. Second,and presently, Senate Bill 2 prohibits the denial of an application to establish an emergency shelter within any zone except upon the making of specified findings based on substantial evidence in the record. The City currently permits the establishment of emergency shelters in numerous commercial land use districts and in the Residential Medium, Residential Medium High, and Residential High land use districts with a conditional use permit. Emergency shelters/homeless shelters have recently been permitted in the IL, Industrial Light Land Use District, subject to a conditional use permit and the approval of the Mayor and Common Council. The City cannot deny a conditional use permit for an emergency shelter unless the proper findings can be made to deny that application pursuant to Senate Bill 2. Under Senate Bill 2,one ground for denial of an application for an emergency shelter is that the proposed project is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation,and the jurisdiction has adopted a revised housing element that is in substantial compliance with the applicable portions of the statute. Siting an emergency shelter in other than the districts described above, and without a conditional use permit is inconsistent with the City's Development Code and General Plan. The City does not currently have a revised Housing Element. F:�EMPENO\Ordinances tErnergencyShelters Staff Report-10-16-0g.wpd However, Senate Bill 2 provides that where a local government 1) has in place an ordinance that identifies a zone or zones where emergency shelters are a permitted use without a conditional use permit or other discretionary permit and, 2) are not subject to conditions for development that are distinct from those for residential or commercial development in the same zone and, 3) otherwise apply only such conditions as are specified in Senate Bill 2,the jurisdiction need not take additional action to identify zones for emergency shelters. The urgency ordinance presented to you for adoption puts in place an ordinance that meets the requirements of Senate Bill 2 with respect to permitting approval of an emergency shelter without a conditional use permit,and otherwise limiting any conditions on that approval to those authorized by Senate Bill 2. This right of approval is limited to emergency shelters established in the areas of the IL zone that are south of 3rd Street,east of Waterman Avenue,and north of Central Avenue. This area includes the Salvation Army's new 124 bed homeless shelter under construction,the County's Food Bank, and the offices of the County's Community Action Partnership. Once adopted, the ordinance places the City in substantial compliance with Senate Bill 2. With such amendment,the City can continue to enforce its regulations respecting the location of emergency shelters/homeless shelters. Adoption of an urgency ordinance of this type requires findings that there is a current and immediate threat to the public health, safety, and welfare and that the grant of land use approval would result in that threat to public health, safety and welfare. The appropriate findings are set out in the ordinance. The evidence in support of the findings is derived in part from the attached Exhibits which are incorporated herein: A. List of Emergency Shelters in the City of San Bernardino B. Map and Aerial Photos of the area between 3`d Street and Central Avenue and from Waterman Avenue to SB Airport dated October 1, 2008 C. San Bernardino County 2007 Homeless Census and Survey Comprehensive Report by Community Action Partnership D. Cityof San Bernardino 2007/2008 Consolidated Annual Performance Evaluation and Report(CAPER)by the City's Economic Development Agency E. Memorandum of the California Department of Housing and Community Development Division of Housing Policy Development, Re: Senate Bill 2, dated May 7, 2008 F. SB 2 Senate Bill Analysis, As Amended August 31, 2007 Financial Impact: Undetermined Recommendation: Adopt the Urgency Ordinance F:\EMPENO\Ordinancm\EmergencyShelten Staff Report-10-16-08.wpd Adopted: October 20, 2008 Effective: October 20, 2008 1 ORDINANCE NO. MC-1288 2 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 3 SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.02.050, 19.08.020, TABLE 08.01, AND ADDING CHAPTER 19.10-E, EMERGENCY SHELTER 4 OVERLAY DISTRICT, TO PERMIT EMERGENCY SHELTERS WITH APPROVAL OF 5 A BUILDING PERMIT WITHIN AREAS OF THE IL, INDUSTRIAL LIGHT,LAND USE DISTRICT LYING SOUTH OF 31D STREET, EAST OF WATERMAN AVENUE AND 6 NORTH OF CENTRAL AVENUE, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY. 7 8 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 9 WHEREAS, Section 40(z)of the City Charter vests the Mayor and Common Council with 10 the power to make and enforce all laws and regulations with respect to municipal affairs,subject only 11 to the restrictions and limitations provided in the Charter or by State law; and 12 13 WHEREAS, Sections 31 and 121 of the City Charter provide for the adoption of an urgency 14 ordinance for the immediate preservation of the public peace, health, or safety if passed by a two 15 third's (2/3) vote of the Council; and 16 WHEREAS,Government Code Section 65858 provides that for the purpose ofprotecting the 17 18 public safety, health, and welfare, the legislative body of a city may adopt, without following the 19 procedures otherwise required prior to the adoption of a zoning ordinance, as an urgency measure, 20 an interim ordinance, by a vote of fourth-fifths (4/5) majority, prohibiting any uses that may be in 21 conflict with a contemplated general plan,specific plan,or zoning proposal that the legislative body, 22 planning commission or the planning department is considering or studying or intends to study 23 within a reasonable time; and 24 25 WHEREAS, effective January 1, 2008, Chapter 633, Statutes of 2007 ("Senate Bill 2") 26 amends California Government Code Section 65583 to require local governments to amend their 27 General Plan Housing Element to identify a land use zone wherein emergency homeless shelters are 28 F:\EMPENO\Ordinances\EmergencyShelters.Urgency Ordinance 10-16-08.wpd 1 MC-1288 1 a permitted use without a conditional use permit or other discretionary permit; and, 2 WHEREAS, Senate Bill 2 amends Government Code Section 65589.5(d) to provide that a 3 local agency shall not disapprove a land use application for an emergency shelter within any zone, 4 5 or conditionally approve a land use application for an emergency shelter within any zone in such 6 manner as to render the project infeasible,unless it makes written findings, based upon substantial 7 evidence in the record as to one of five (5) findings; and 8 WHEREAS, finding number five (5)under Government Code Section 65589.5(d)provides 9 10 the exception that: 11 The...emergency shelter is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as 12 it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in 13 substantial compliance with this article. 14 WHEREAS, finding number five(5) is subject to the further requirement that the exception 15 1 6 is not available if the local agency has failed to identify a zone or zones wherein emergency shelters 17 are allowed as a permitted use without a conditional use permit or other discretionary permit; and 18 WHEREAS, through the adoption of an urgency ordinance amending the City of San 19 Bernardino Development Code which identifies a zone or zones where emergency shelters are 20 allowed as a permitted use without a conditional use or other discretionary permit,the City will be 21 22 in substantial compliance with the above described exception pursuant to California Government 23 Code Section 65583(a)(4)(D); and 24 WHEREAS, Senate Bill 2 recognizes that legislative bodies, prior to the adoption of a 25 revised Housing Element in compliance with Senate Bill 2, may adopt a zoning ordinance which 26 identifies a zone or zones where emergency shelters are allowed as a permitted use without a 27 28 conditional use permit or other discretionary permit, and thus recognizes that the adoption of said F:\EMPENO\Ordinances\Em gencyShelters.Urgency Ordinance 10-16-08.wpd 2 MC-1288 1 ordinance may constitute substantial compliance with Senate Bill 2; and 2 WHEREAS, the City of San Bernardino Development Code currently includes emergency 3 4 homeless shelters in the category of social services with residential components,which are allowed 5 as a conditionally permitted use City-wide in several residential and commercial land use districts 6 and throughout the IL,Industrial Light land use district with such conditions that do not render such 7 projects infeasible for development; and 8 WHEREAS, the City of San Bernardino, in a variety of locations, currently has several 9 10 existing emergency shelters which provide a total of 267 beds for the homeless, in addition to the 11 Salvation Army's 124-bed year round homeless shelter for men currently under construction within 12 the proposed Emergency Shelter Overlay Zone, at 363 South Doolittle Road, and another Salvation 13 Army 150-bed homeless shelter for families and children at 925 W. 101° Street, which application 14 is currently under review(see list of service providers attached as Exhibit A to the Staff Report and 15 16 Which is incorporated herein by reference); and 17 WHEREAS, on May 19, 2008, the City of San Bernardino retained a consultant, The 18 Planning Center, to update the General Plan Housing Element. The Planning Center has extensive 19 experience with housing element preparation and the certification review process with the California 20 21 Department of Housing and Community Development (HCD). The City's Request for Proposals 22 issued on January 2, 2008, specifically stated that an update of the City's General Plan Housing 23 Element in compliance with Senate Bill 2 was needed, among other requirements. The City's 24 contract with The Planning Center specifically listed the requirements of Senate Bill 2 in the Scope 25 of Work, including an identification and analysis of the needs of homeless persons and families in 26 the City of San Bernardino as required by Senate Bill 2; and 27 28 WHEREAS, as identified on HCD's website as of October 17, 2008, no city out of the 24 F:\EMPENO\Ordinances\EmergencyShelters.Urgency Ordinance 10-16-08.wpd 3 MC-1288 1 cities in the County of San Bernardino and no city out of the 24 cities in the County of Riverside has 2 adopted and received HCD certification of a revised Housing Element; and 3 4 WHEREAS,in spite of significant budget cuts and the loss of numerous employees,the City 5 of San Bernardino has made substantial progress in complying with the requirements of Senate Bill 6 2. The Preliminary Draft of the revised Housing Element is expected from The Planning Center in 7 November 2008; and 8 WHEREAS, the Mayor and Council recognize that Senate Bill 2 requires that the City's 9 10 General Plan Housing Element must include land use zones which will provide sufficient 11 opportunities for new emergency shelters to meet the need identified in the consultant's analysis;and 12 WHEREAS,the Mayor and Council find that the existing emergency shelters,the emergency 13 shelters under construction,and the new emergency shelters proposed for construction,together with 14 opportunities for development of new emergency shelters in the residential and commercial land use 15 16 districts with the approval of a Conditional Use Permit,and the adoption of this Urgency Ordinance, 17 which will permit new emergency shelters with approval of a building permit within the IL, 18 Industrial Light, Land Use District lying South of 3' Street, East of Waterman Avenue, and North 19 of Central Avenue(520.3 acres),will provide sufficient emergency shelters to meet the needs of the 20 21 homeless in the City of San Bernardino in the interim, until a revised Housing Element in full 22 compliance with Senate Bill 2 is adopted by the City. 23 WHEREAS, the Mayor and Common Council make the following findings of a current and 24 immediate threat to the public health,safety and welfare as required by California Government Code 25 Section 65858: 26 27 1. The City of San Bernardino has sufficient emergency shelters, transitional and supportive 28 housing facilities in existence as "grandfathered" uses under prior versions of the F:\EMPENO\Ordinances\EmergencyShelters.Urgency Ordinance 10-16-0g.wpd 4 MC-1288 1 Development Code. It also has numerous low-income housing developments and 2 government subsidized housing facilities which lower the threshold of the transition from 3 homelessness to sheltered. 4 5 2. As a consequence ofthe recent housing crisis and ofprevious housing crises,the City of San 6 Bernardino has experienced a history of housing affordability relative to other communities 7 which has facilitated the location in San Bernardino of sufficient emergency shelters, 8 9 transitional and supportive housing facilities that accommodate six (6) or fewer unrelated 10 adults and are not therefore subject to regulation by the City. 11 3. Because of the systemic hostility of other regional entities to the presence of homeless 12 persons, the City of San Bernardino is in the same posture as downtown Los Angeles in 13 terms of the disproportionate supply of shelter and service providers across the region that 14 15 has led to a disproportionate concentration of homeless persons in the City of San 16 Bernardino. There exists a confusion as to the needs of the San Bernardino homeless, the 17 regional homeless who migrate to San Bernardino, and the national homeless for whom San 18 Bernardino is a warm weather stop. 19 4. The concentration of homeless persons in the City of San Bernardino,including the mentally 20 21 ill and those suffering substance abuse,is detrimental to their rehabilitation in that they have 22 developed in some instances, and have become part of informal but enduring networks that 23 support their illness against the efforts of the local institutions for their rehabilitation. 24 5. The improper location of emergency shelters in all parts of the City of San Bernardino,at this 25 time of economic crisis in the housing market, will facilitate the entrenchment of land uses 26 27 in such manner as to further perpetuate the disproportionate distribution of services across 28 the region and will in fact serve to accelerate the processes Senate Bill 2 seeks to defeat. F:\EMPENO\Ordinances\EmergencyShelters.Urgency Ordinance 10-16-08.wpd 5 TIC-1288 1 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO DO ORDAIN AS FOLLOWS: 3 4 Section 1. The Mayor and Common Council find that the above-stated Recitals are true 5 and hereby adopt and incorporate them herein. 6 Section 2. San Berardino 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 10 Emergency Shelter. As used in Government Code Section 65582, 65583, and 65589.5 11 (Senate Bill-2), and as defined in Health and Safety Code Section 50801(e), "emergency shelter" 12 means housing with minimal supportive services for homeless persons that is limited to occupancy of 13 six months or less by a homeless person. No individual or household maybe denied emergency shelter 14 because of an inability to pay. Also referred to as a"homeless shelter","homeless facility",or "social 15 service center with a residential component." 16 17 Section 3. San Bernardino Municipal Code(Development Code)Section 19.08.020, Table 18 08.01, Industrial Districts List of Permitted Uses, is hereby amended to allow Emergency Shelters as 19 a permitted use, requiring a building permit in the Emergency Shelter Overlay District of the IL, 20 Industrial Light, Land Use District pursuant to Development Code Chapter 19.10-E, see Exhibit A, 21 attached hereto and incorporated herein. 22 23 Section 4. San Bernardino Municipal Code (Development Code) Chapter 19.10-E. 24 Emergency Shelter Overlay District, is hereby added to read as shown on Exhibit B, attached hereto 25 and incorporated herein. 26 27 28 F:\EMPENO\Ordinances\EmergencyShelters.Urgency Ordinance 10-16-08.wpd 6 MC-1288 1 Section 5. Pursuant to the requirements of Senate Bill 2,the Mayor and Common Council 2 hereby direct the Development Services Department to implement a program to amend the City's 3 4 zoning ordinances to meet the requirements of Government Code Section 65583(a)(4)(A)within one 5 year of the adoption of the City's revised Housing Element of the General Plan. 6 Section 6: This Ordinance is based upon the recitals and findings set forth above, and the 7 accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the 8 authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution, 9 and Sections 31, 40(z), and 121 of the Charter of the City of San Bernardino and California 10 Government Code Section 65858. 11 12 Section 7: Pursuant to Sections 31 and 121 of the Charter of the City of San Bernardino 13 and Government Code Section 65858, this Ordinance shall take effect immediately. This Ordinance 14 shall be of no further force and effect 45 days from its date of adoption unless extended by action of 15 the Mayor and Common Council. 16 17 Section 8: Compliance with the California Environmental Quality Act. The Mayor 18 and Common Council finds that this Ordinance is not subject to the California Environmental 19 Quality Act (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or 20 reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity 21 is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of 22 23 Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the 24 environment, directly or indirectly. 25 Section 9: Severability. If any section, subsection, subdivision, sentence, clause or 26 phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or 27 ineffective by any court of competent jurisdiction, such decision shall not affect the validity or 28 F:\EMPENO\Ordinances\EmergencySheltus.Urgency Ordinance 10-16-08.wpd 7 MC-1288 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 of the fact 3 4 that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared 5 unconstitutional, invalid, or ineffective. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F\EMPENO\Ordinances\EmergencyShelters.Urgency Ordinance 10-16-08.wpd 8 MC-1288 1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 2 SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.02.050, 19.08.020, TABLE 08.01, AND ADDING CHAPTER 19.10-E, EMERGENCY SHELTER 3 OVERLAY DISTRICT,TO PERMIT EMERGENCY SHELTERS WITH APPROVAL OF A BUILDING PERMIT WITHIN AREAS OF THE IL, INDUSTRIAL LIGHT,LAND USE 4 DISTRICT LYING SOUTH OF 3RD STREET, EAST OF WATERMAN AVENUE AND 5 NORTH OF CENTRAL AVENUE, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY. 6 7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 8 Council of the City of San Bernardino at a i t regular meeting thereof, held on the20th day of 9 October , 2008, by the following vote, to wit: 10 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 11 ESTRADA x 12 13 BAXTER x 14 BRINKER x 15 DERRY % 16 KELLEY 17 JOHNSON x 18 MC CAMMACK x 19 / 21 Rachel Clark, City Clerk 22 The foregoing Ordinance is hereby approved this� day of October , 2008. 23 24 PA CK J. MO �r 25 ' of San Bernardino 26 Approved as to form: JAMES F. PENMAN 27 City Attorney IP 28 ^ i .\EMPENO\Ordinances\EmergencyShel tern.Urgency Ordinance 10-16-08.wpd 9 MC-1288 EXHIBIT A 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 888 12/6/93 LAND USE ACTIVITY CH OIP II. IH IE 1. Accessory structures/uses typically appurtenant to a D D D D D principally permitted land use activity; 2. Agricultural Production-crops; — — — D D 3. Agricultural Services; D — D D — 4. Assembling, cleaning, manufacturing,processing, D D' D D — repairing or testing of products including automotive related(except dismantling)and welding and excluding explosives, conducted entirely within an enclosed structure except for screened outdoor storage areas; 5. Assembling, cleaning, manufacturing,processing, repair of D — — D — products, research, storage, testing or wholesale land uses (except explosives) with a portion of the operation(other than storage)occurring outside of the enclosed structure: A. Outside land uses in the CH and IH districts within 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 — — P= — — 11. Entertainment/Recreational Uses: A. Adult Entertainment C — C — — B. Auditoriums, Convention Halls and Theaters C C — F:\EMPENO\Ordinances�Emergency Shelters industrial Districts with E overlay 10-16-M.doc MC-1288 LAND USE ACTIVITY CH OIP IL IH 1E 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 D, — — 26. Pipelines(As defined by Section 19.20.030[12][E] or as C C C C C superseded by State or Federal law); 27. Public utility uses, distribution and transmission D D D D D substations and communication equipment structures; 28. 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); 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 D — D D — mini-storage; and Fi,EMPENO\Ordinances\Emergency shelters Industrial Districts with E overlay 10.16-08.doc MC-1288 LAND USE ACTIVITY CH DIP IL IH IE 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. ?Permitted in the Emergency Shelter Overlay District in the IL 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). F:1ZMPEN0\0rdinarces\Emergency Shelters industrial Districts with E overlay 10.1E-0S.doc HC-1288 EXHIBIT B CHAPTER 19.10-E EMERGENCY SHELTER OVERLAY DISTRICT 19.10-E.010 PURPOSE The pumose of this chapter is to provide for an area within the IL Industrial Light land use district, as referenced in Table 08.01 of Chapter 19 08 where emer encv shelters in accordance with Govemment Code Section 65583 are allowed as a permitted use without a conditional use permit, or other discretioaM permit Recognizing the need for available and affordable sites for establishment of emergency shelters uses outside the traditional locations in residential and commercial districts. the Emergency Shelter Overlay District provides an area within the IL district for new emergency shelters to be integrated with light industrial uses and existin2 social services in the area The purpose of the designated boundaries (area of applicability) is to maximize the potential for cooperation and synergy of emergency shelters and social services in the Emergency Shelter Overlay District. 19.10-E.020 AREA OF APPLICABILITY The Emergency Shelter Overlay District shall apply to the IL Industrial Light land use district Nine east of Waterman Avenue, south of 3rd Street and north of Central Avenue All land use regulations and development standards for industrial uses in the IL District as specified in Chapter 19.08 shall remain in effect. The effect of the Emergency Shelter Overlay District shall be to define the area of applicability where emergency shelters shall also be permitted with the approval of a building permit and to add general and specific development standards for emergency shelters within the IL land use district. 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 gaidelines for the IL District in this Chapter 19.10-E and in Chapter 19.08 Industrial Districts. 2. Emergency shelters shall be permitted with the approval of a building permit within the Emergency Shelter Overlay District as specified in Table 08.01 in Chapter 19.08. F:TMPENO\Ordinances\EmergencyShelters Chap 19.10-E-10-16-08.doc MC-1288 19.10-E.040 DEVELOPMENT STANDARDS 1. The following standards shall apply to the development of specific emergency shelters within the Emergency Shelter Overlay District: A. EMERGENCY SHELTERS Emergency shelters, providing temporary housing and support services to homeless persons, shall be permitted in the Emergency Shelter Overlay District of the IL Industrial Light land use district, subject to the standards in this Section As social services with residential components, emergency shelters are also conditionally permitted in several residential and 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 50: (2) The maximum lenpth of stay shall be 6 months: (3) The minimum site area shall be one acre: (4) The site shall be located no more than 1.000 feet from a public transit stop: (5) No emergency shelter shall be established on any site less than 500 feet from any existing single-family residence K-12 school park liquor store or other business with an Alcoholic Beverage Control license to sell alcohol for off-site consumption, or adult business per Section 19.06.030 (2)(A) l: (6) No emergency shelter shall be established on any site less than 300 feet from the site of another emergency shelter: (7) 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 =Iovee on the largest shift plus one space for each agency vehicle plus three visitor spaces. whichever is egz ater: (8) Fencing and exterior lighting conforming to the development standards of Chapter 19.20 shall be required to ensure the security of site residents: (9) 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: F:\EMPENO\Ordinance\EmergeacySheltm Chap 19.10-E-10-16.08.dm MC-1288 (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 (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 job placement assistance (fl Plans to coordinate services of the facility with other homeless service providers In San Bemardino CounIL to improve the effectiveness of the network of agencies serving the homeless countywide F:\EMPENO\Ordinanm\EmergencyShelten Chap 19.10.E•10-16-08.doc SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Conditional Use Permit No. 08-21 AGENDAITEM: 8 HEARING DATE: September 16, 2008 WARD: 1 OWNERS: ARCHITECT: APPLICANT: Faith Temple AP Ministries Doug Schultz Garnett Newcombe 840 N. Sierra Way 570 E. LaCadena Dr. Human Potential Consultants, LLC San Bernardino,CA 92401 Riverside,CA 92507 500 E. Carson Plaza, Dr.,No. 127 909.215.8683 951.686.3344 Carson,CA 90746 310.756.1560 REQUEST/LOCATION: A request to convert an existing 6,747 square foot church building into a 56-bed homeless shelter with related support facilities and office space. The project site is located at 840 North Sierra Way, in the RM,Residential Medium Land use district. CONSTRAINTS/OVERLAYS: None ENVIRONMENTAL FINDINGS: ❑ Not Applicable 0 Potentially Exempt from CEQA,§15301 —Existing Facilities ❑ No Significant Effects ❑ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Program STAFF RECOMMENDATION: • Approval • Conditions 0 Denial ❑ Continuance to: t CUP No. 08-21 September 16, 2008 Page 1 *A PROJECT DESCRIPTION The proposal is a request for approval of a Conditional Use Permit under the authority of Development Code §19.36.050 and §19.04.020 Table 04.01(1)(I) to establish a 56-bed homeless shelter. Conditional Use Permit No. 08-21 proposes to convert an existing 6,747 sq. ft. church building into an adult homeless resource center with 56 beds, a kitchen, dining room, common area, showers, restrooms and offices. The project site is located at 840 North Sierra Way, on the west side of Sierra Way, approximately 150 feet north of 80' Street in the RM, Residential Medium land use district (Attachments A & B). The applicant proposes a homeless facility that would accommodate homeless men and women, aged 18 —59. The proposed interior improvements would include dormitory style bunk beds with 48 beds for men in an area of 1,847 square feet and 8 beds for women in an area of 350 square feet. Individual lockers would be provided for storage of personal belongings in the men's area. The remaining floor space would be converted into common living areas, administrative, and support service spaces. Although the site plan does not show that perimeter fencing would be installed, the applicant has stated that the proposed facility would be gated, with wrought iron security fencing, 6 feet in height. Potential residents would be screened to select only candidates that could benefit from intensive training in a drug-free environment. The enrichment program would include career readiness training and independent living skills. Residents would be supervised at all times, and would not be permitted to bring personal vehicles to the site. The maximum stay would be 6 months. The proposed facility would be a 24-hour operation with 16 employees, working in three shifts. Business hours would be Monday through Friday from 8:00 a.m. to 5:00 a.m. The applicant's detailed program description is attached(Attachment Q. SETTING/SITE CHARACTERISTICS The project site consists of two parcels, approximately 1/2 acre in total area,,and is developed with an existing 6,747 square foot church. Abutting the site to the west, north, and south are residential properties in the RM, Residential Medium land use district. Directly across Sierra Way to the east, in the RMH, Residential Medium High land use district, there are single-family residences facing the site. Pioneer Memorial Cemetery is also located to the east in the PF, Public Facility land use district. Approximately 150 feet to the south, at the southwest comer of Sierra Way and 8`s Street is a site designated by the San Bernardino City Unified School District for construction of a new elementary school. Construction is planned to begin in 2011. BACKGROUND The Development/Environmental Review Committee (D/ERC) first reviewed this proposal on June 19, 2008. The D/ERC expressed concerns about potential incompatibility of the proposed facility with the surrounding neighborhood. The Police Department expressed strong concerns about security and management of the facility and its potential impacts on the surrounding neighborhood, including the future elementary school. The project summary provided with the application materials was not adequate to address the concerns of the Police Department. "x CUP No. 08-21 k September 16. 2008 Page 3 After the initial review and discussion with the D/ERC, the applicant indicated a willingness to work with local non-profit social service agencies to plan for coordination of services and potentially to seek a more suitable site. The applicant also stated that although initially proposed as a men's facility, the project description and facility plans would be modified to accommodate homeless women as well. Pending plan revisions and potential selection of an alternative site, the project was continued for revisions. On July 1, 2008, the applicant submitted revised plans and a revised project description and requested that Conditional Use Permit No. 08-21 be moved forward for consideration by the Planning Commission. On July 31, 2008, the D/ERC reviewed the revised plans and moved the item to the Planning Commission for a public hearing. There are several non-profit social service agencies in the City of San Bernardino now, coordinating their services to provide a safety net and a network of resources for assistance and rehabilitation of homeless individuals. A representative of this coalition attended the first D/ERC meeting and invited the applicant to join with the other service providers to participate in this network. The applicant was willing to cooperate, but also stated that Human Potential Consultants is a for-profit business that would have different operating procedures. On August 13, 2008, staff from the Planning Division and two representatives from the Police Department met with the applicant. The Police Department asked questions of the applicant on the proposed security plan, resident screening criteria, staffing and management. There was a lengthy discussion of the proposed facility and its potential impact of increased demand for Police Department services. On September 10, 2008, the Police Department submitted written comments to state concerns about compatibility of the proposed facility with the surrounding neighborhood and potential impacts of the project on public safety(Attachment D). CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA) The project is potentially exempt from CEQA under §15301, as a minor alternation to an existing facility. This exemption is only applicable if approval of the project would clearly not result in potentially significant environmental impacts. The physical impacts of converting the existing structure would be very minimal, but the proposed use of the building might create a significant land use conflict. In that case, the use would not be consistent with the General Plan and would not qualify for exemption from CEQA due to the potential significance of land use impacts. ANALYSIS Staff has serious concerns about the compatibility of the proposed project with the surrounding neighborhood. At the D/ERC meetings, the applicant explained some of the location criteria utilized to select the site. The open spaces of Seccombe Lake Recreation Area and Pioneer Cemetery and the underutilized and vacant commercial properties to the south attracted the applicant to the subject neighborhood, due to the limited potential for land use conflicts with a homeless facility. Unfortunately, the applicant was unaware of the new development projects and redevelopment activities planned for the area that will change current conditions and revitalize the neighborhood in a way that will probably conflict with a 56-bed homeless facility. k . CUP No. 08-21 September 16. 2008 Page Lincoln II Elementary School: A new elementary school site is planned only 150 feet south of the proposed project site, at the southwest corner of Sierra Way and 8`h Street. The ground- breaking for the future elementary school is scheduled for October of 2009, with a projected construction schedule of 16 — 18 months. The planned opening date for the school is August 2011. Construction of the new school is required to meet the needs of a growing student population in the surrounding area. The San Bernardino City Unified School District submitted a comment letter (Attachment E) that acknowledges the need to serve the homeless population and does not recommend approval or denial of the project. Planning staff also recognizes the critical need for assistance for the homeless population. However, in this case the safety concerns arising from elementary school children walking past the proposed project site on a daily basis on the way to school and back home again constitute a potentially serious land use conflict. Daily "foot-traffic" by neighborhood children who may or may not be accompanied by adults would create a potential for negative interaction and adverse impacts on public safety. Seccombe Lake Residential Village: In recent years, the Economic Development Agency has been collaborating with private sector partners to create a plan to revitalize the Seccombe Lake area, including development of a new residential component of the project area, along 7`h Street, between Sierra Way and Waterman Avenue. This redevelopment project will feature distinctive new residential units and a 52,000 square foot retail village. Significant enhancements to the Seccombe Lake recreation area are also planned. Congregation of homeless individuals tends to cause adverse effects such as increased loitering, vandalism, blight, noise, tresspassing, crime, and property maintenance problems that already exist in the area. Introduction of a new homeless resource center in the neighborhood would tend to attract more transients to the area. Also, the proposed 6-foot wrought iron enclosure of the site would project a lock-down appearance that would not be attractive to potential new residents of the Village. The Police Department participated in the technical review of the project and has expressed strong concerns about the potential impact the proposed facility would have on Police Department resources in the service area. There is currently a high concentration of parolees in the subject area, and other conditions that already create challenges for the Police Department to patrol and protect the area surrounding the project site. Based on experience with similar existing facilities in the City, the Police Department does not recommend approval of a 56-bed homeless facility at the proposed location. Please see Attachment D for details. FINDINGS OF FACT 1. The proposed use is conditionally permitted within the subject land use district and complies with applicable provisions of the Development Code, but the project may impair the integrity and character of the subject land use district. A homeless shelter is permitted in the RM, Residential Medium land use district, subject to approval of a Conditional Use Permit. As discussed in the Analysis section of the staff report, t there is a high likelihood that the proposed homeless facility would impair the integrity and { CUP No. 08-21 September 16,2008 Page 5 character of the surrounding residential neighborhood where the project is proposed. In addition to the potential security issues surrounding activities of the residents, the institutional nature of the 56-bed 24-hour facility would not be compatible with typical dark, quiet evening hours in a residential neighborhood. The proposed 56-bed homeless facility with 16 employees working on 3 shifts would disturb the existing peace and harmony of the surrounding residential neighborhood in the RM, Residential Medium land use district, especially for the single-family residences facing the facility. 2. The proposed use is not consistent with the General Plan. Establishment of the proposed use at the proposed location would not be consistent with Goal 2.2 of the General Plan, which requires promotion of "development that integrates with and minimizes impacts on surrounding land uses." Also, Policy 2.2.10 states "the protection of the quality of life shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public." These two provisions of the General Plan emphasize the importance of land use compatibility and protection of the quality of life in existing neighborhoods. The proposed 56-bed homeless facility would require 24-hour staffing and would generate increased activity from residents, visitors, and social service staff at all hours. The intensified activity level proposed for the project site would be a nuisance to adjacent residents and would degrade the quality of life in the existing neighborhood. These conflicts indicate inconsistency of the proposed project with the General Plan. 3. Approval of the Conditional Use Permit for the proposed use may not comply with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code. The review of this project has complied with the requirements of Development Code §19.20.030(6). The project would utilize an existing structure in an urbanized area. Therefore, it would potentially be exempt from CEQA under Section 15301, for minor alterations to existing facilities. However, if the project is determined to conflict with the General Plan, then there would be a potential land use impact requiring further environmental analysis and possibly mitigation measures to comply with CEQA. 4. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. No significant physical impacts to the project site are anticipated. The site is an existing developed religious facility, located in an urbanized area. Re-use of the existing building would not have a significant effect on the natural environment or natural resources. However, introduction of 56 individuals who are likely to have behavioral problems into the existing residential neighborhood surrounding the project site could result in significant negative impacts on the quality of the living environment in the neighborhood. CUP No. 08-11 September 16, 2008 Page 6 5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. The proposed project site presents several issues of land use compatibility that would affect the quality of life in the surrounding residential neighborhood. The 24-hour operating characteristics of the proposed use would not be compatible with existing and future residential land uses that generally enjoy quiet at night. The proposed project requires nighttime activity that would introduce objectionable nuisances of traffic, noise and light in the neighborhood. The project also presents potential security issues for children at play in the Seccombe Lake recreation area or for children walking to and from the future Lincoln II Elementary School, only 150 feet from the project site. These nuisance effects of the project and potential security problems would be adverse to the public interest, health, safety,convenience and welfare of the City. 6. The subject site is not physically suitable for the proposed type and density/intensity of use. As discussed in the other findings addressed in this staff report, the intensity of a 56-bed homeless facility is likely to have negative impacts on the surrounding residential neighborhood. The 6,747 sq. ft. building on approximately %2 acre is not much larger than the typical single- family residential properties in the area. Based on the experience of the Police Department with similar facilities, the site does not have adequate area or other provisions necessary to contain and avoid potential negative impacts of the project on the surrounding neighborhood. Therefore, the site is not physically suitable for operation of a 56-bed homeless facility. ?. There are adequate provisions for public access, water, sanitation, and public utilities, but the potential increased demand of the proposed project on public services may be detrimental to public health and safety. Adequate provisions for public access and public utilities exist at the project site. All necessary urban services exist in the area, and most services are available to serve the site adequately. However, as stated in the Police Department memo in Attachment D, the proposed project may introduce land use conflicts and security problems to the existing neighborhood, which would be detrimental to public health and safety. CONCLUSION The proposed project could provide a valuable service to people in need, but the potentially significant land use conflicts and public safety impacts of operating the proposed use at the proposed location outweigh the potential benefits. Due to the potential adverse impacts of the project on the surrounding neighborhood, as discussed in this staff report, the project does not satisfy 0 Findings of Fact required for approval of Conditional Use Permit No. 08-21. CUP.No. 08-21 September 16. 2008 Page 7 RECOMMENDATION Staff recommends that the Planning Commission deny Conditional Use Permit No. 08-21 based on the Findings of Fact contained in the Staff Report. Respectfully Submitted, � 1. IV Valerie C. Ross Director of Development Services Aro Senior Planner Attachment A Location Map Attachment B Site Plan, Floor Plan and Elevations Attachment C Human Potential Consultants, LLC Business Plan Attachment D Police Department Memorandum Attachment E Letter from San Bernardino City Unified School District Attachment F Letter of Opposition From Jesses and Rebecca Gutierrez AWL i i �I 1 r 3 ATTACHMENT A CITY OF SAN BERNARDINO PLANNING DIVISION LOCATION MAP HEARING DATE: 09/16/2008 PROJECT: CUP 08-21 NORTH I 4 a Project Site t� , (C) Cil i of San Bernardino Oo;2ft ATTACHMENT B N z' . . ! ie i r �• e s 4 } s � ' 6a @E c 5 X1116p $ 991 as 0 2! LJ LA Ea■ a 1 '. -8 a H� m m e :1 ;! ; Ul 9 : 4 m .�..• . �iisai N �.e• F z j i i9'1i Yo — — A — N SIERRA WAY— — - - � � - a ppiiip5,g a �� � c � $. u HOMELESS FACILrry �+ '•1Oi itr1°`� e p m SAN BERNARDINO . AC3+ s a l l y Y Z W sw mw•mw v szra wax u(orr n r r A 0 S 0 L 2 i A n m 3 m 2 9 ti Nuns R "' ®®O8 i q 6 0 mzw 2 _ mvswwnu � - . yy �i y ;N A 01 N (N\ (h N\ QQQQ MM HOMELESS FACILRY u SAN BERNARDINO AC3+..�,� D I p1 a 'sw aumn a uao uvx u mr -r r. r. t '4 CIL- r_ A I ii 4 n Z I � � ,It Y 2: 1 k: Yi l { a L 4F •f � S• 1„ M Owl A MR IM ► „. v _y �F R" � ATTACHMENT C • HUMAN POTENTIAL CONSULTANTS "Your Link to a Better Future" .hum 19. 2ou8 Developmental Services Department 300 North "D" Street San Bernardino. CA 93418-0001 SUBJECT: Background on Human Potential Consultants and Analysis of the Proposed Adult Homeless and Resource Center ABORT CS Established in 1997. I luman Potential Consultants. LLC (HPC) is certified by the U.S. Small Business Administration as a Small Disadvantaged Business and 8(a) Firm: the State of California Small Business and Los Angeles County Small Business Enterprise. Headquarters in Carson, CA, HPC was originally founded as an `-alternative resource" for the One-Step Centers throughout Los Angeles County. As a result of an impeCCahle reputation throughout the nation for building local economies through long-term jobs within the communities where their respective projects are located. HPC began w expand into the realm of managing workforce centered projects and outplacement services fir displaced employees; administrative support staffing services: and adult educational and occupational residential centers. SCYIMARY DESCRIPTION OF PROGRAM The proposed Adult Homeless and Resource Center should not Lie contused kith a druid treatment or drug rehabilitation center. On the other hand. the Adult Homeless and Resource Center is a residential training and employment opporuiniq that addresses the multiple barriers ofemployment experienced by adults. %dho lack education and %ocational skills. 11PC"s Adult llomcless and Resource ('Cuter shall provide a Contprchcusi%e Career dccelopntent services to residents including academic. social and independent li% ing skills. career readiness trainin- and other suppoi�ti%c services. The unique amalgamations 500 E.Carson Plaza Drive,Suite 127 • Carson,CA 90746 • L(310)756-1560 • F.(310)756-1562 • info@hpcemploynnent.org HPC Analysis of the Proposed Adult Homeless & Resource Center Pa_,e 2 6 19 2008 of career oriented services are tailored to each resident's need: the skill mixture shall allow each resident to maintain a job. The Center shall proN ide the following services in a drug free environment: • Social, employability and living skills training: • Career counseling and other support services, which are tailored to each resident's need: • Academic enrichment, which prepares residents for long-term sustainability in today's labor market. The Center shall provide care and supervision to adults (18 — 59 years of age) on a long- term basis (up to 6 months nn continual residency). ADULT HOMELESS AND RESOURCE CENTER OPERATIONS The Center will consist of 16 total employees of whom six or seven will be case managers and/or administrative employees working the usual Monday - Friday 8:00 am to 5:00 pm workday. The remaining nine employees will work three shifts a day to support the 24-hour operation. SECURITY Access to the lobby will be tightly monitored and controlled by staff. An intercom with an enunciator shall be provided to notify staff that someone is waiting. , The dormitory areas will be constantly monitored. Exterior door alarms will'be provided to prevent the entrance and exit of anyone. Technologically advanced security cameras shall monitor the entire exterior parameters: additional lighting will illuminate the exterior. INTAKE, REGISTRATION AND ENROLLMENT The number of residents shall not exceed 56 at any one time and all residents will be dropped-off and picked-up by means of HPC's transportation department. No residents shall be permitted to arrive or depart via their own vehicle. The Center shall perform a comprehensive intake evaluation on all aspiring residents. If a resident is not deemed prepared for intensive academic enrichment, they shall discontinue their participation. ® HPC Analysis ot'the Proposed Adult Homeless R Resource Center Page 2 6 192008 DORMITORY TABLE 1 Dormitory Configurations Individuals per room Sq.Ft per 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 Typical living quarters will provide adequate number of functional, clean. full service bathrooms such as: toilets/urinals (1:10); sinks (1:10) and showers (1:20). 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 will be furnished with round tables intended to encourage family-style eating and interactions. i I i GARNErr NEWCOMBE.CEO HUMAN POTENTIAL CONSULTANTS, LLC 500 E.Carson Plaza Drive,Suite 127 �Carson•CA 90746 T.310.756.1560 F.310.756.1562 w .hpcemployment.or9 Summary description of program for the HPC's project, per Mr. Liangs Request, Listed below are the additional details/clarifications on the Program. 1. Is there a "wake up call" and a "sleep time" for all 56 residents? Yes. Table 1. "Wake up call" and "Sleep" Schedule DAILY SCHEDULE MONDAY-FRIDAY SATURDAY SUNDAY 6:00 A.M. — 8:00 A.M.— 8:00 A.M.— Wake up Wake up Wake u 10:30 P.M.— 12:30 P.M.— 12:30 P.M.— Lights Out Lights Out Lights Out 2. Provide a typical daily supervision schedule/activity for a resident from 7:00 a.m. to 6:00 p.m. (SEE TABLES 2 AND 3) Table 2. Typical Supervision Schedule 6 a.m. to 6:00 p.m. Weekday Daily Supervision Staff Schedule Time of Day Case Managers Resident Assistants Administration 1 Shift 1st Shift 2"d Shift 3rd Shift 1"Shift 6:00 A.M. 3 3 7:00 A.M. 3 8:00 A.M. 5 3 1 9:00 A.M. 5 3 1 10:00 A.M. 5 3 1 11:00 A.M. 5 3 1 12:00 P.M. 5 3 1 1:00 P.M. 5 3 1 2:00 P.M. 5 3 1 3:00 P.M. 5 3 1 Shift Change 4:00 P.M. 1 3 1 5:00 P.M. 5 3 1 6:00 P.M. 3 Table 3. Typical Activity Schedule for Residents DAILY SCHEDULE MONDAY-FRIDAY I SATURDAY SUNDAY 6:00 A.M.—Wake up 8:00 A.M. -Wake up 8:00 A.M. -Wake up 7:00 -Breakfast 8:30-Breakfast 8:30-Breakfast 8:00 -Resident Meeting 9:30-Resident Meeting 9:30-Resident Meeting 8:30-11:30-Programming 10-11:30-Programming 10-11:30-Programming 12:00 P.M. -Lunch 12:00 P. M.-Lunch 12:00 P.M. Lunch 1:004:00-Programming 1:00-3:00-Visiting 1:00-3:00-Visiting 4:00 -Reflection 4:00-Reflection 4:00-Reflection 5:00 - Dinner 5:00-Dinner 5:00-Dinner 6:00 -Recreation 6:00-Recreation 6:00-Recreation 7:00-9:00-Group Meetings 7:00-9:00-Group Meetings 7:00-9:00- Group Meetings 8:00 -Snack 8:00-Snack 8:00 -Snack 10:30 -Lights out 12:30-Lights out 12:30-Lights out 12:30 A.M. (FRIDAY) 3. Would the Program provide meal times for breakfast, lunch and dinner? Provide times for breakfast, lunch and dinner. Yes. (See table below) Table 4. Meal Schedule MEAL SCHEDULE MONDAY-FRIDAY SATURDAY SUNDAY. 6:00 A.M.-Breakfast 8:30 A.M.-Breakfast 8:30 A.M.-Breakfast 12:00 P.M-Noon Lunch 12:00 P.M. -Noon Lunch 12:00 P.M.- Noon Lunch 5:00 P.M-Dinner 5:00 P.M-Dinner 5:00 P.M-Dinner 8:00 P.M- Snack 8:00 P.M-Snack 8:00 P.M-Snack 4. Can a resident have a visitor? Yes. (See table below) Table 4. Visitor Schedule VISITOR SCHEDULE MONDAY-FRIDAY ISATURDAY ISUNDAY NO VISITORS 1:00—3:00 P.M. 1:00-3:00 P.M. 5. Can a resident leave the premises? How? Yes. Residents will have a Day Schedule that details the purpose for leaving the premises for DMV appointments, Doctor Visits, additional vocational training, Work related Activities, Community Resources, etc. Each of these activities are within each residents customized plan derived from their assessments. 2 1 6. HPC's transportation department— A) How many vehicles available to service all 56 residents? HPC has 3 vans available to service all 56 residents. B) Is there a designated emergency vehicle? No. In those instances of an emergency, HPC's policy is to call 911 C) Would the vehicles be parked on the project site? One Vehicle will be parked during the day on the project site. 7. Provide detail work hours for the three shifts to support the 24-hour operation. Starting & ending hours per shift? Table 2. Detail Work Hours for 3 Shifts to support the 24-hour Operation. Weekday Daily Supervision Staff Schedule Time of Day Case Managers Resident Assistants Administrative Staff 1 Shift Ist Shift 2" Shift 3rd Shift 1"Shift 6:00 A.M. 3 3 7:00 A.M. 3 8:00 A.M. 5 3 1 9:00 A.M. 5 3 1 10:00 A.M. 5 3 1 11:00 A.M. 5 3 1 12:00 P.M. 5 3 1 100 P.M. 5 3 l 2:00 P.M. 1 5 3 I 3:00 P.M. 5 3 1 Shift Change 4:00 P.M. 5 1 3 1 5:00 P.M. 5 3 I 6:00 P.M 3 7:00 P.M. 3 8:OO P.M. 3 9:00 P.M. 3 10:00 P.M. 3 11:00 P.M. 3 Shift Chan e 12:00 A.M. 3 1 1:00 A.M. 3 2:00 A.M. 3 3:00 A.M. 3 4:00 A.M. 3 1 5:00 A.M. 3 6:00 A.M. 1 3 8. The Center provides care and supervision to adults on a long term basis (up to 6 months on continual residency) - Is 6 months the maximum length of stay? Yes. An extension may be allowed, on case by case basis. 3 CONDITIONAL USE PERMIT NO. 08-21 Mr. Liang, The security plans per your request: Security and containment of the facility begins with the mindset of security and awareness by all staff. HPC plans to provide training. Such training includes: offender discipline, emergency plans, staff integrity and ethics, accountability and security procedures, offender searches and signs of suicide and suicide precautions, basic first aid, universal precautions among other courses. Twenty-four hour Monitor observation and intervention, use of cameras and are critically located through out the center to provide for safety of the external and internal community. HPC has deployed camera placement and use throughout its current residential facilities. Cameras are strategically placed to monitor offender activity in areas of concealment from easy pubic view such as corners and alcoves, entrance, exit, and stairways. For constant observation and early intervention of suspect behaviors two observations were included in the estimate. For facility security, there are restrictions on visitation of family members. Regulations for numbers and types of visitors, days and number of hours per week of visitation, and conditions for disallowed visits are defined in the HPC policy and procedure manual. Y� 500 E.Carson Plaza Dr..Suite 127 Carson, California 90746 T.(310)756.1560 HUMAN POTENTIAL CONSULTANTS, LLC F.(310)756-1562 ,4 H 'Your link to a Better Future' www.hlxernPioyment.org August 13, 1008 Mr. Aaron Liang Sr. Planner Development Services Department City of San Bernardino 300 North "D" Street San Bernardino, CA. 92418 RE: Responses to Questions Raised by San Bernardino Police Department on July 31, 2008 at the City of San Bernardino, Development Service Department, Environmental Review Committee Dear Mr. Liang: Pursuant to the request from the San Bernardino Police Department, Human Potential Consultants, LLC has provided a response that is an addendum to our previous information submitted to the City of San Bernardino, Planning Department regarding our Adult Education, Employment and Residential Center (AEERC) site. Our Security Plan addresses activities such as: site security, discipline/seizure, disturbance control, facility containment/parking, search and seizure and emergency evacuation procedures. HPC maintains for all its sites an operations manual that details specific procedures and policies related to site operations. We have provided some preliminary detail for our proposed facility site: Adult Education, Employment and Residential Center (AEERC) at 840 N. Sierra Way, San Bernardino, CA. 92410. The AEERC includes a program effective security plan that encompasses the installation and use of six (6) security cameras in the following areas: a) Kitchen/Dining Stations, b) Resident Living Quarters, c) Front Entrance and door, d) Side/Back Patio and door e) parking area and the f) recreation room. The CV0204DVR (Digital Camera Video Recorder) is s feature packed digital video camera recording system. This complete system comes with four outdoor cameras that can be displayed all at the same time (quad view). AEERC has the capability of customizing the recording and to set a 24- hour recording schedule based on preferences. The DVR may record continuously during the day, then record only when motion is detected at night. Each camera is equipped with night vision, so that security guards/monitors can view and record in total darkness. The Digital Camera Video Recorder's list of features and system operating materials are below. 4CH DVR w/ 160GB hard drive • 4 CV67 Cameras • 1 DVR Power Adapter • 4 x 60ft RCA video/power wire • 4 Camera Power Adapter • 5 BNC connectors • RJ-45 Ethernet Cable • Software Installation CD • RCA to RCA Wire (male) The AEERC will additionally use two Indoor Speed Dome (270x Day/Night) Zoom cameras. The day/night high-resolution indoor speed dome with a super Spherical pan/tilt will continuously rotate 360 degrees, records 24 hours with automatic turn over of 180 degrees. It has 27x optical and 10x digital zoom capability, delivering 270x zoom power that captures the finest details. RS-485 Communication channels are available for remote control purposes and may be programmed for 64 preset precise locations of target areas. The AEERC utilizes a Biometric Hand Punch — touch Station for facility ingress/ egress control, computerized by a log system to capture resident sign in/out. Case managers and guards/monitors use the hand unit to record resident time, attendance, monitor and control building access and track program activities. The system provides safeguards against security threats and eliminates "buddy punching". The unit is constructed of injection-molded plastic, lightweight with a silicon rubber keypad and an internal lithium battery to keep time and calendar in event of a power outage. There is no parking of resident vehicles at this facility or loitering allowed and the AEERC will provide limited transportation for common trips and off site storage. The facility will be gated, establishing a controlled environment for educational and programming purposes. No, drug/alcohol use is tolerated by homeless residents and surveillance is maintained through ongoing and continued observation of resident behaviors, searches, random testing, and is also based on the client assessment, previous history, and current status in relation to substance abuse. Overall, our guards/monitors will be uniformed, trained in all matters related to emergency and disaster procedures outlined in our manuals. AEERC-Conditional Use Permit No.08-21 _ 8/13/2008 Human Potential Consultants.LLC The AEERC Emergency Evacuation plan and quarterly emergency drills will be conducted and are fully documented to include date and time, evacuation path used, number of staff participants, and visitors involved. The documentation of the emergency drill will also include the amount of time to complete the drill, and other pertinent comments. The drill will also include the testing of smoke detectors. Fire drills will ensure familiarity with exits in an organized manner. The following summary procedures will be documented and implemented at all AEERC facilities: A. Designation of Emergency Drill Coordinators B. Diagrammed Emergency Drill Plan C. Emergency Procedures D. Drill Documentation The AEERC has a written Disturbance Control Plan (DCP) in the event of a major disturbance at one of the AEERC sites. The plan shall include crowd control procedures, steps for requesting after hours emergency transportation of resident participants at temporary facilities, assistance from local law enforcement and/or emergency agencies as circumstances warrant. The following summary procedures are documented and implemented at all AEERC facilities: A. Definition of Disturbance B. Emergency Procedures Implementation and Monitoring C. Notification Procedures for Disturbances/Intervention D. Disturbance Resolution and Documentation A copy of the disturbance report shall be maintained in the facility's central administrative filing system, and a copy provided to the AEERC Project Manager. The AEERC, Search and Seizure Policy/Procedures establish measures to control the introduction/possession of contraband at the AEERC program site in order to maintain a safe and secure environment for staff and resident participants. Control is accomplished through searches of participants and participant's living and common areas. Possession of contraband as will result in disciplinary action and confiscation of the contraband. The following procedures provide specific guidelines for searches, including the completion of appropriate reports and accompanying documentation. Y T AEERC-Conditional Use Permit No.08-21 3 8/13/2008 Human Potential Consultants,LLC A. Unauthorized Property/Illegal Contraband/Illegal Drugs and Controlled Substance Defined B. General Guidelines on Search and Seizure Policy and Authorized Personnel C. Facility Search Procedures. D. Seizure Definition/Policy E. Staff Reporting of Contraband A copy of the contraband report shall be maintained in the facility's central administrative filing system, and a copy provided to the AEERC Project Manager. Guidelines pertaining to AEERC Residents' Progressive Discipline Policv and basic rules of conduct, and policies that address zero tolerance on alcohol and drugs use, fraternization, smoking and personal appearance and hygiene are outlined on Sections B8 — B12 of the AEERC Handbook. Serious violations of these rules may result in disciplinary actions that can lead to immediate discharge from the program. The AEERC Program shall classify reports of rule violations as Administrative Rule Violations or Serious Rule Violations. A. Rule Violations Defined: Administrative or Serious B. Disciplinary Methods: Counseling or Violation Report C. Supervising Case Manager Review of Disciplinary Actions A copy of the rule violation report shall be maintained in the facility's central administrative filing system, and a copy provided to the AEERC Project Manager. Human Potential Consultants, LLC has taken time and good faith measures to ensure proper understanding, education and cooperation for proposed operation of the AEERC for the benefit of the highly concentrated homeless population in Ward 1 and Supervisor District 5 and for the city and county of San Bernardino, California. Sincerely, Garnett Newcombe CEO AEERC-Conditional Use Permit No.08-21 4 8/13/2008 Human Potential Consultants,LLC City of San Bernardino ATTACHMENT D Sdht Bernardino Police Department Interoffice Memorandum To: Planning Commission From: Sergeant Ronald Maass, Central District Operations Supervisor Subject: 840 N. Sierra Way Date: September 10, 2008 Copies: As of this date, the San Bernardino Police Department has not received a copy of an actual Security Plan from Human Potential Consultants (HPC) or their representatives in regard to the proposed facility at 840 N. Siena Way. The last information received i referred in general terms to the existence of a plan, referenced in their operations manual. The response mentioned the use of several security cameras, and referred to staff members trained as "guards/monitors" who would be "trained in all matters related to emergency and disaster procedures" as outlined in their manuals. Prior paperwork provided by the applicants suggest that this training would be provided to all employees, however, there do not appear to be plans for personnel whose primary function is security as opposed to "cross-trained" in security related procedures. We have previously received basic information as to the nature of the clients intended for the facility. The basic information simply specified homeless or those in an "at risk" environment with no history of"extreme" violence, no sexual registrants (PC 290), and no history of arson. This basic guideline would allow for the inclusion of parolees in a very high density. The applicants are proposing a 56 bed facility (48 males and 8 females) on a .45 acre site. Given the paucity of information as to the potential client base, our office attempted to identify any potential impact a 56 bed adult residential care facility might impose upon police services to the surrounding community. The applicants have managed smaller facilities in.surrounding communities including Riverside and Los Angeles County. One of these facilities in Riverside is limited to 24 beds and based upon information we have received suggests that it currently has 17 residents, all of whom appear to be parolees. Our office also conducted a survey to identify and compare facilities within the city of r basically comparable size and generalized client base. There are no similar facilities I within the city at this time of a similar long-term residential nature. In the past, there have been several converted apartment complexes that were opened as residential transition '11 IF.SBPD IS COMMITTED TO PROVIDING: j PROGRESSIVE QUALITY POLICE SERVICE; A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE; A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING Page 2 facilities for parolees. In each instance, calls for service surrounding these facilities noted a distinct increase. The neighborhood surrounding the proposed facility at 840 N. Sierra Way incorporates a very high proportion of residential housing including small apartment buildings and single-family homes. Many of the surrounding residents have expressed extreme concerns regarding the nature of this facility and its proximity to their residences and businesses. There are plans to construct a new elementary school within one block of this proposed facility. A second elementary school is 5 blocks west and another 5 blocks to the east. In addition Seccombe Lake Park is also one block south of this proposed facility. These public locations attract a high degree of juvenile foot traffic. Taking all of these factors into consideration, the Police Department is very concerned about the 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. i i I J I t 97/03;26ee 14:19 9516531164 HPc ATTACHMENT E Arturo Delgado, Ed D. VSkN11 R.NIARDI NO CITY Superintendent SCHOOL DISTRICT Judy D. White, Ed.D., Deputy Superintendent June 25, 2008 To Whom It May Concern: The San Bernardino City Unified School District is in support of Homeless Programs that are designed to provide comprehensive support to homeless families. According to our homeless liaison, Mrs. Vickie Lee, we have served 1,717 homeless students as of June 20, 2008. The current programs in San Bernardino have been more limited to temporary shelter, food and clothing. We are finding that many families have established patterns of chronic homelessness and are in need of intensive rehabilitation. There have been questions about whether the approval of a homeless program located in the targeted area would be a problem for the future development of schools. The school currently identified as the Lincoln II Project is being reviewed for an area near there. The ground- breaking is scheduled for the Fall of 2009, with a projected completion of 16-18 months. The planned opening date for the school is August of 2011. It is our understanding that Human Potential Consulting Inc. will focus on the rehabilitation of our homeless community members. Our facilities department can provide additional information or concerns about the location. Sincerely, l JUDY D. /WHITE Deputy Superintendent JDW x] Deputy Superintendent 777 North F Street.San Bernardino, CA 92410.(909) 384-1471 .Fax(909)8854392•judy.whiteasbcusdAl2.ce.us ATTACHMENT F RE: Conditional Use Permit No. 08-21 Ward No. 1 i N Dear Planning Commission: We are writing to oppose the request to convert the church building located at 840 North Sierra Way into a homeless shelter. This is a residential area with families who struggle to keep their families safe everyday. We do not need a homeless shelter here. We empathize with the plight of the homeless, but we also realize that not all homeless people go by the rules and regulations required by the shelter and will not be admitted into the shelter. This is when they become a problem to our neighborhood. This area is plagued with shelters/homes for parolees, drug abusers and child molesters. We do not need another"shelter"in our area. We feel that this project would only bring more transients and homeless people to our neighborhood. Our neighborhood has had many problems with these people. They hang out in the empty field behind our back yard, at Gene's Liquor Store on the corner of 9w Street and Sierra Way, at Secombe Lake and in the Pioneer Cemetery. They not only hang around but many sell drugs, drink and start fights. With regard to the field behind our house we have seen them use drugs,urinate and defecate in broad daylight, this while we are sitting outside trying to enjoy the afternoon. Our neighbors have children and they have to see this too. Thank goodness for our police department who diligently watch out for us, but they can not always be here. We have lived in this home for 35 years. We have seen it go from a nice community of working class people to place of crime, drugs and gangs. We do not feel safe to go for a walk in the park or even walk to the store anymore. We would like to be able to have friends and family over and enjoy our home and back yard like we used to. We would like to be able to take a stroll around our neighbor again with being afraid. .. Please listen to our letter of opposition and reject the proposal. Thank you for your consideration. Sincerely, Jessie and Rebecca Gutierrez 872 North Lugo Avenue San Bernardino, CA 92410 909-889-9611 Cs, NOO-7-2008 05:43P FROM: TO:18664912108 EXHIBIT 3 ti�1/' CITY OF SAN BERNARDINO Development Services Department, Planning Division S 300 North "D" Street, P Floor San Bernardino, CA 92418 San Berau 1110 Phone (909) 384-5057 • Fax (909)384-5080 - Web address: www.sbcity org APPLICATION FOR APPEAL APPEAL FROM A DECISION OF THE (check one) ❑ Development Services Director ❑ Development/Environmental Review Committee A Planning Commission AFO � - 6, 7 Case number(s): C or„�i+, o n a L (�S e. No. U f -L QQ Project address: ?q1D NDF-TI-1 Si'Qrr41 LUAU S,en &IAAIJ tAd C� Appellant's name: H1,L(p a n _16-F e n f i a C-�-D n u l n+1 , L L C QdN ,4 M&(AYY,�ej Appellant's address: 500 E . C4 2S61V T /SZ-A I e- , 12- 7 C., vsd N CA 107'46 Appellant's phone: 31 D r7S I- '- ) 5-(. Q Appellant's e-mail address: cif r ne c atY+ �Q ad,r-6.-n Contact person's name: Ct R e-O'1 t t r 1 G Contact person's address: J 0 E , Co ♦S o N -P I A2,11 Q # 12- 7 Car S 4.)1 CA Contact person's phone: 33 10 '1 Sa S—,6 y0 Contact person's e-mail address: ui c c xr, l (�ucL•C Pursuant to Section 19.52.100 of the Development Code, an appeal must be Filed on a City application form within 15 days following the final date of action, accompanied by the appropriate appeal filing fee. Appeals are normally scheduled for a determination by the Planning Commission or Mayor and Common Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and time of the appeal hearing. OFFICE USE ONLY Date appeal filed: 7- 0 2 DDf Received by: L l� nro4 iaF'tiiif . _ilf NOV-7-2008 05:44P FROM: TO:18664912108 P:1'1 REQUIRED INFORMATION FOR AN APPEAL Specific action being appealed and the date of that action: ON X000 M6 ✓ 5 Z0� C.a Sonnaldn�S nn; nc Con{�,�ss,a� ie d an � }e �iAl u 41 }Zt + L ' [� llGati JnY a c�md; l u� .Ge SZ n s a}� rr Le55 IJe � a I c6'I D �U, S �vra L Sun &a� rtuep,Nc��CA �j Z. 'f•a I , ,,.,II- Specific grounds for the appeal: {annin 6 ,sslon`S UcMa � J CU� i -s u -o a le nol local aue 1u ny , u -4-L C co — an ,� S to E uslilc l�rru lrx � Action sought�:: n Gl fa LourlGi 51 ,o�11d ygue (se: 41e —?6f-JA)1n61 (' one M ss br),. �onial _ n CU �n 0 9 -Z I ar-i - ' C ul) ynan �i J rF �x I �' su I n LI_Cs li I , �fia,� C, Additional information: Signature of appellant Date: 2 11/04 From:Public Counsel 218 386 WE 1 V Zb/zuu8 1 a:bb Bzzu r.uu l t u I e D [91 @ 91 Q d M D EXHIBIT 4 NOV 2 6 2008 610 SOUTH ARDMORE AVENUE LOS ANGELES,CALIFORNIA 90005 CITY OF SAN BERNARDINO TELEPHONE: 2131385-2977 I A T C E N T E R DEVELOPMENT SERVICES DEPARTMENT ppg; 2131385-9089 raE PUBLIC IN E REST LAW OFFICE OF THE LAS ANGELES COUM AND BEVERLY FILLS BAR ASSOOATIONS FACSIMILE COVER LETTER DATE: November 26,2008 PLEASE DELIVER THE FOLLOWING 16 PAGES)(WINCH INCLUDES TMS COVER): TO: Rachel Clark, City Clerk Faa#: 909-384-5158 James F.Penman,City Attorney 909-384-5238 FROM: Remy De La Peza REMARKS: ATTACHED IS A LETTER IN SUPPORT OF THE APPEAL SUBMITTED BY HPC ON NOVEMBER 20, 2008. WITH THIS LETTER,WE REQUEST NOTIFICATION OF THE HEARING DATE ON WHICH THIS APPEAL WILL BE HEARD. The information contained in this facsimile message is privileged and confidential. It is intended only for the use of the individual named above. If the recipient of this facsimile is an individual or entity other than that named above, any use,dissemination,distribution or reproduction is strictly prohibited. If you have received this communication in error,please notify us by telephone and return the original to us via U.S.Postal Service. Thank you. Frow Public Counsel 213 sua HUBS 11febf[uua wane o,ecu r.uurrum a Sr 7NFm Tc AR 'DUeeTav TANYAIiAU.'FA MARTNIs. UP a�oeo� JDNµTdw�MscH L BEN E PIS RANG 5.APRLL- Skadd.r�Mn,9a4MeyFaHFM.IIP V� 1 Aq K B4RSRY^ L A V C E N T E R BJORRINN 7AMIJAI� H(}YIIJIn LIP f BROItODEA THE PUBIJC PlIERESr LAW DPLTCE OF THE 115 ANGELES COUNTY AND 9EVPR1Y 1➢IL5640.AASOCiA]IONS i TTHEgT.HEAR e�H Jma6L�H>De�>1r The Sonrhem GBP«neA(HVarc ofTh lawyn+'Commi,¢e(or Civic Ryhv Ueda in MATPHEV T.HEARTHS`.'" H C}UR�1-BURWE.JR AMW B Porn llP MORON'1 CHU' $L�eg�Hn2dmiAn LV HERNAH D.VERA PHILIpP�,E.OOOK PDnx* gLftWnw ®Pd amn OOY COnwO DY Nmri DYANA DECKER µMµA�RKn Tyl November 26,2008 GREGORY EVMSS.,. M6-kHAELI PBiISIfiAHld % YlQI.IAM FLUMFNRAVbi G� VIA FACSIMILE to (909)384-5158 and(909)384-5238 CRTW ITMAIJAENCEAG�LDM4 fled and CmWnw.APIG Rachel Clark, City Clerk OLE E.HAN C M 300 N. "D"Street min t®- M Hd LLP �lM&-JD.e°IC'�u 2°a Floor San Bernardino, CA 92418 PRfE0.].191®Y Rud ArM LlP James F. Penman, City Attorney EDWARD P.IA2ARUS 300 N."D"Street AVm c.mo�Ra...e Peld uP ROR1E L LEVRJE nA�DHa"L8n UP 6a'Floor M^pRMHTM�.g ,,,,,,,,,o,,,P San Bernardino,CA 92418 MARTIN A MELONS tabff a w THPADOKEN.MLLL6R' gdL,A,m Re:Human Potential Consultants,LLC application for condition use RZNnV � permit to operate a homeless shelter at 840 N. Sierra Way, San Bernardino, aa��u...y BswMeHaac ff , CA 92401 THDUec 1.N .Gud&e Arta.Slue.Mind.H Ebe UP DAVID E OLTE San Bernardino City Council Meeting KPo'Rak,.mNE�DEA" N1J®ER�AgO N WN.IAMlI�u� UP o ,, O1eswa UP Honorable Councilmembers, lv u 63own UP BARRY PORTER "T,D'"'"Y t PRESS Public Counsel submits this letter on behalf of Human Potential M U H Prone LL➢ Ia„R' Consultants,LLC("HPC'), lower-income and homeless residents of the City of ]N�v� R San Bernardino,and organizations whose mission it is to serve the needs of this RTCR M M.9 M.UP population. On November 5,2008 the City of San Bernardino Planning ft H Commission denied HPC's application for a conditional use permit("CUP")to THFDDOREA Atxrni* r Evs.�MUGdp.I� operate a homeless shelter. UPC seeks an appeal of this decision and approval of MARKAB U6 CUP No. 08-21. This letter is submitted in support of that appeal. MrAmea 4FRBm Jd.P ao$ '�r"°$HONCJ n Dow�eida'fmm+llP I. Background on Public Counsel and its Community Development 54FT UP Project &HOPE Unit ROMANN;M.STUB9EuRFEID" PASTA k SINa7 6 Qren LLP. �„� Public Counsel is the public interest law firm of the Los Angeles County DARRYLS..ER Ms M Ham„r and the Beverly Hills Bar Associations. Public Counsel is dedicated to advancing P4wv PnmmlAd�w�E,R$,(M'm LIP S.16eo�A°-QHee.d�I B ' equal justice under the law by delivering pro bow legal services to individuals B0.1ANR ST GA with lower and no-incomes as well as the organizations which serve them. The S�eHGm.m °�.LLHRw�erL1P Community Development Project("CDP")is one of seven Public Counsel DAVID S'WARn P . 1. projects,or areas of practice. BCadMe G�PM+LLP c41n L°M�Gnev.zTi>F Anew Mdmr Rwe,wn,tLP Within CDP,the Housing Opportunities,Preservation and Enforcement ie ("HOPE")Unit specializes in the promotion of affordable housing production and Ro6ERrs.WDU2 r�`R�vPxs D wI "��ai�'n E`"�aos Bmn�iNve &ear cmem M,mte •,Paa Onnpeun MAIL P.O.60X16900 LOS ANCE[F5,G 9W76 09W u TEL 213385.29]7 PAX:713 W W W.PLBJICCOUNSELORO v�ICre IS 1J0 f+lPHCP1'JIPSlfCC fj1HII eguaClustioe° FrowPublic ❑ormsel 218 Sbb UUN illeb/2uub 14:01 BZZu Y.Mai Ulb Page 2 of 15 preservation using State and local laws. Specifically,the HOPE Unit advocates for local land use policies to produce and preserve affordable housing and for compliance with various State laws,including,but not limited to,housing element law,density bonus law,and second unit law. 1I. Facts and Procedural Background Since 1997 HPC has been providing a variety of programs and services to assist with employment preparation,vocational training, and job placement for individuals facing extraordinary challenges to re-entering the workplace. In 2005,HPC began providing housing in addition to its existing job training services. Currently, HPC manages and operates homeless residential centers throughout California,serving veterans,persons with disabilities, and persons on parole and/or probation. In its Los Angeles County facilities alone,HPC has served over 1,800 participants. On May 27,2008 HPC's application for a CUP to convert an existing church building at 840 N. Sierra Way into a 56-bed homeless shelter with related support facilities and office space was deemed complete by the City.' The shelter would provide housing for adults ages 18-59 years, with supportive services that include,but are not limited to,individualized case management services, and life and employment skills development. Additional services include drug and alcohol education,anger management,money management workshops, and referral services for those residents in need of GED preparation and/or vocational training. Residents may reside at the shelter up to 6 months. On September 16,2008 CUP No.08-21 was on Planning Commission agenda and set for public hearing. Staff recommended that the Planning Commission deny the CUP based on the Findings of Fact contained in their similarly dated staff report. This item-was continued without a staff presentation or a public hearing upon staff s request to address the applicant's assertion that SB 2 would preclude the City from denying the project. On October 21,2008 the Planning Commission held a public hearing on CUP No. 08-21. Staff recommended that the Planning Commission close the public hearing and deny CUP No. 08-21 based on the September 16,2008 stall'report and the additional Findings of Fact in the October 16,2008 staff report. The City Attorney requested a continuance to allow for preparation of the written Findings and Conclusion based on the evidence presented to the Planning Commission at this hearing and the written record consisting of materials submitted to the Commission by the applicant(HPC),City staff,and members of the public. On November 5.2008 the Planning Commission denied CUP No. 08-21 based on the adopted Findings and Conclusion. The adopted Conclusion of the Commission states"that the proposed project would impair the integrity and character of the surrounding residential neighborhood where the project is proposed.Therefore,the Commission concludes that the necessary findings to approve 'Pursuant to Municipal Code Section 19.01.020-Table 04.0 1,a homeless facility is a permitted use with an approved conditional use permit in zones RM,RMH,and RH Fron:Fublic Counsel ell dub buns 77/Lb1eUuu 14:01 aLLu P.Uuatulb Page 3 of 15 Conditional Use Permit No. 08-21 cannot be made.i2 This conclusion is based,amongst others, on the reasoning that: • "the proposed project...does not share the characteristics of an emergency shelter'; • providing housing for parolees/probationers presents a public safety concern; • an emergency shelter is incompatible with surrounding land uses,namely a nearby domestic violence shelter and a proposed elementary school; and • the proposed shelter would alter the character of the surrounding neighborhood. On November 20,2008 HPC filed an application for appeal to the City Council of the Planning Commission's November 5,2008 denial of CUP No. 08-21 pursuant to San Bernardino Municipal Code Section 19.52.100. I11. California Law Prohibits the City from Denying HPC's Proposed Homeless Shelter- Govt. Code§65589.5 California Senate Bill 2("SB T),effective January 1,2008,requires California jurisdictions to engage in more detailed analyses of emergency shelters and transitional and supportive housing in their next housing element revisions;regulates zoning for these facilities; and broadens the scope of the Housing Accountability Act to.include emergency shelters and transitional and supportive housing. In SB 2,the California legislature recognized that homelessness is a pressing statewide problem and more emergency shelters are necessary to meet the housing and residential service needs of the homeless population. SB 2 was enacted in order to encourage the construction of emergency shelters and to prevent jurisdictions from blocking the development of such shelters based on NIMBY-ist attitudes that fail to take into account planning for the community's needs. To this end, SB 2 amended California Government Code Section 65589.5 ("the Housing Accountability Act")to require jurisdictions to allow emergency shelters,transitional housing and supportive housing to locate within their borders. The revised Section 65589.5 specifies that there are only five narrow situations in which a jurisdiction can legally disapprove an emergency shelter,transitional housing development or supportive housing development. These five exceptions,discussed in more depth below,apply tae (1) jurisdictions that have met their need for the type of project in question; (2) projects that will have a specific adverse effect on public health or safety; (3) projects that must be denied to comply with federal or state law; (4) projects located on land zoned for agriculture or resouree'preservation;and (5) projects that conflict with both the zoning ordinance and the general plan in jurisdictions that have adopted an updated and compliant housing element. The subsequent portions of this memo will confirm that(a)the Housing Accountability Act applies in this case; (b)the City cannot avail itself of any of the exceptions; and(c)the City is therefore required under applicable law to approve HPC's CUP application. 2 November 5,2008 Findings and Conclusion of the Commission in the Matter of Conditional Use Permit No.08-21 ("Findings and Conclusion"),page5 - - trom:!Jublic Uounsel eld Jab b @l7 plotsieuuti is;oa neeu r.utswum Page 4 of 15 A. The Housing Accountability Act Applies in This Case Regardless of the City's Attempts to Reclassify the CLIP- Govt. Code§65589.5(d) SB 2 amended the Housing Accountability Act to (1)add emergency shelters;to the list of protected housing and(2)to clarify that the definition of housing development project includes both transitional housing and supportive housings as well. 1. The Proposed Shelter Cannot be Classified as a Social Service Center- H&S Code§§50801(e),50801.2 Until adoption of the Urgency Ordinance establishing an Emergency Shelter Overlay District on October 20,2008,the City of San Bernardino's Municipal Code ("the Code")did not define emergency/homeless shelter.6 To date,the Code still does not provide definitions of transitional or supportive housing. As a result,developers must revert to the State law definitions of these uses. By not providing these definitions in its Code,the City imposes a severe hardship on developers,constraining the development of these types of housing. The City does,however,provide a definition for social service centers. The Code states that a social service center is: A building or buildings used for recreation, educational,cultural,or religious activities operated by nonprofit groups or agencies that are open to the public. Related uses may include food, service,childcare facilities, job training programs, after school programs,medical clinics,and other similar uses or activities.Residential facilities may be established as part of the use. Drug and alcohol recovery facilities(outpatient or residential) may be a component of the social service use.MC 1106 11/1/01 The CUP at issue here was submitted for a"homeless facility",not for a"social service center." Under State law,an emergency shelter is defined as"housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person." H&S Code §50801(e). Since HPC's shelter,as proposed, would provide minimal supportive services to homeless persons and occupancy would be limited to 6 Months 7,it clearly meets the definition of an emergency shelter. Furthermore,according to HPC,it was informed by the City Planning Division around April 2008 that it did not meet the definition of a social 'Defined as"housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person."Cal.H&S Code§5080 Ile). "Defined as"housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons.Transitional housing includes self-sufficiency development services,with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible,and Limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development's requirements for subsidized housing for low-income persons."Cal.H&S Code§50801.2. 'Defined as"housing with no limit on length of stay,that is occupied by the target population as defined in subdivision(d)of Section 53260,and that is linked to on or off-site services that assist the supportive housing resident in retaining housing,improving his or her health status,and maximizing his or her ability to live and,when possible,work in the community."Cal.H&S Code§50675.14(b). "Municipal Code Section 19.02.050 was amended on October 20,2008 to define emergency shelter Pursuant to Cal. H&S Code 50801(e). 7 June 19,2008 HPC letter to City,page 2;September 16,2008 Staff Report,page 2- Frow Public Coumel 213 385 9069 11/26/2006 14:56 9220 P.008/016 Page 5 of 15 service center. The City has itself referred to the proposed shelter as all of the following in prior staff reports:homeless shelter,homeless facility or emergency shelter."Additionally, Background Facts 1.3 and 1.4 of the November 5, 2008 Findings and Conclusion discuss the existing homeless shelters in the City and the City's recently enacted urgency ordinance establishing the Emergency Shelter Overlay District. These facts would not be relevant to an application for a social service center. Furthermore,because HPC is neither a nonprofit group nor an agency,it is not qualified to establish a social service center and does not fit within the City's Code requirements for this use. Based on all of the factors outlined above,including the City's own admissions in its staff reports,HPC's proposed shelter cannot be classified as a social service center. 2. The Proposed Shelter Falls Under the Housing Accountability Act- Govt.Code§65589.5(d) Regardless of what the City chooses to call the proposed shelter,the Housing Accountability Act would still apply because the shelter clearly qualifies as an emergency shelter. As discussed above, HPC's shelter would provide minimal supportive services to homeless persons,including case management;drug and alcohol education,job placement,and foundational life skills training covering a variety of issues that residents may be facing. These services are targeted at developing self-sufficiency skills and assisting the residents to transition into permanent housing.9 Additionally,the shelter's occupancy would he limited to 6 months. In light of these characteristics,the proposed shelter falls within the criteria for emergency shelter. As stated in Govt. Code §65589.5(d),emergency shelters are covered by the Housing Accountability Act and must be approved unless one of the five stated exceptions is met. B. The City May Not Avail Itself of Any of the Exceptions Under the Housing Accountability Act- Govt. Code§65589.5(d)(1)-(5) In denying HPC's CUP application,the City has attempted to make a number of arguments. First,the City attempts to escape from under the Housing Accountability Act altogether by reclassifying the shelter as a social service center.10 Second,the City appears to claim that the proposed homeless shelter fits within two of the five narrow exceptions. In an attempt to qualify under subsection(d)(2)of the Housing Accountability Act,the City appears to claim that the shelter would have a specific adverse impact on public health and safety that cannot be avoided or mitigated. Additionally,in its attempt to qualify under subsection(d)(5), the City claims that the proposed shelter is inconsistent with both the City's general plan and its zoning ordinance. However,as will be detailed below,the findings adopted by the Planning s September 16,2008 Staff Report;October 16,2008 Staff Report;October 21,2008 Planning Commission Agenda, page 3;November 5,2008 Planning Commission Agenda,page 3. HPC's proposed shelter could also fall under the State definition of transitional housing,which is also covered by the Housing Accountability Act. 10 November 5,2008 Findings and Conclusion#2("1'he Commission Ends that the proposed project...does not share the characteristics of an emergency shelter as set forth in[California law]:');#5.2("Section 19.04.030(2)('1) of the Development Code requires social services to conform to the residential density standard of the underlying land use designation...);and#53("Furthermore,Section 19.04.030(2)(7)(9)of the Development Code requires a on"cre minimum site area to establish a social service in a residential land use district.) Frow Public Counsel 213 385 9089 11/26/2008 14:59 8220 P.007/016 Page 6 of 15 Commission on November 5,2008 are not legally sufficient for the City to qualify under any of the five narrow situations that Section 65589.5 requires for denial of this type of housing.The City is,therefore,clearly precluded firm denying HPC's CUP application Government Code Section 65589.5(d)(1)applies only if the jurisdiction has adopted a revised and compliant housing element and met or exceeded its need for emergency shelters. This exception does not apply in this case because the City has neither adopted a revised housing element nor has it met its need for emergency shelters. Government Code Section 655893(d)(2) is discussed in more detail below and applies only if the project would have"a specific adverse impact on public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development financially infeasible." Although the City attempts to invoke this exception in its findings,it does not apply in this case for the reasons discussed at length below in Sections III-B-2&B-3. Government Code Section 65589.5(d)(3)applies only if denial of a project is necessary for the jurisdiction to comply with state or federal laws. No such state or federal laws necessitating denial of this project are referenced in the Findings and Conclusion. Government Code Section 65589.5(d)(4)applies only if the project"is proposed on land zoned for agriculture or resource preservation that'is surrounded on at least two sides by land being used for agricultural or resource preservation- purposes,or which does not have adequate water or wastewater facilities to serve the project" This exception does not apply in this case because the land in question is not zoned for agricultural or resource preservation. Finally,Government Code Section 65589.5(d)(5)is discussed in more detail below and applies only if the project`5s inconsistent with both the jurisdictions zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete,and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with this article."(emphasis added) Similar to exception(d)(2),this exception is not applicable in this case, despite the City's assertions, for the reasons discussed at length below in Sections III-B-1,B 3, and B-4. 1. The City Does Not Hive a Compliant Housing Element and Therefore Cannot Rely on the Inconsistency Exception of the Housing Accountability Act- Govt.Code§65%9.5(d)(5) As detailed in Sections III-B-2 through B-4 below,the City claims that the proposed shelter is inconsistent with its land use designations and general plan. Even if that were the case, State law only permits a City to deny a shelter based on inconsistency findings if the City has adopted a revised housing element in substantial compliance with the law. Specifically,this exception states that a local agency can disapprove an emergency shelter if: The development project or emergency shelter is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with this article. (Govt.Code §65589.5(d)(5))(emphasis added) Frow Public Counsel 218 385 HIJ85 11/2ti/ZUUb 1b:Uu 822u P. uUb/ulb Page 7 of 15 Because the housing element is an integral part of every jurisdiction's community planting process and its general plan,an emergency shelter cannot be denied as inconsistent with the general plan if the jurisdiction does not have a housing element that is fully compliant with state law. Government Code Section 65588(b)specifies the housing element revision schedule for local governments within the jurisdiction of the Southern California Association of Governments as June 30,2006. This date was later changed to June 30,2008 with the approval of the California Department of Housing and Community Development("HCD`� '. The record clearly shows the City has not adopted a revised housing element' ,and this is verified by HCD's online Review Status list.];Until the City reviews and revises its housing element, it cannot,in good faith,evaluate whether the proposed emergency shelter is actually inconsistent with the general plan. Section 65589.5(d)(5)makes it clear that the City cannot rely on zoning inconsistency to deny a shelter if,as in this case, it has an outdated housing element that is not compliant with Section 65588. The City may believe Old it is permitted to deny the shelter because it adopted an urgency ordinance on October 20, 2008 amending the Code to provide an overlay zone in which emergency shelters can be located by right. However,this belief disregards the City's obligations to comply with bath Government Code Section 65583 ("Housing Element law)and the Housing Accountability Act.. SB2 amended both statutory schemes. With.respect to Housing Element law,the City's adoption of the urgency ordinance appears to be an attempt to address the SB 2 amendment requiring that the City have at least one zone with sufficient capacity to accommodate the City's need for emergency shelters and where emergency shelters are permitted without a CUP or other discretionary action. Govt. Code §65583(a)(4). However; contrary to the City Attorney's assertions in the October 17,2008 staff report that the urgency ordinance may"placejj the City in substantial compliance with Senate Bill 2",the City has neither complied with Housing Element law nor the Housing Accountability Act The development standards adopted as part of this urgency ordinance in fact severely constrain the ability to develop emergency shelters in the overlay district. Specifically,as a result of the 1,000-foot public transit stop distance requirement and the 500-foot separation requirement from existing single-family homes and other uses,approximately 90%of the sites in the overlay district are unavailable for emergency shelter development. Therefore,the emergency ordinance is likely insufficient to assure compliance with the SB 2 amendments to the Housing Element. And,adoption of the emergency ordinance does not somehow negate the City's failure to adopt a timely Housing Element. Regardless,the issue here is the City's compliance with the Housing Accountability Act(as amended by SB 2). As discussed above,the City does not have a revised housing element and therefore, cannot rely on the inconsistency findings exemption contained in Section 65589.5(d)(5)of the Housing Accountability Act to deny HPC's proposed shelter. "The State agency responsible for administering housing element law and reviewing local housing elements See October 16,2008 Staff Report Re:CUP No.08-21,page 2;October 17,2008 Staff Report Re:Urgency Ordinance to Permit Emergency Shelters,page 1;October 21,2008 Letter from Henry Empeno,Sr.Deputy Senior Attorney,to Remy De La Peza,Public Counsel,Re:Human Potential Consultants,LLC-Application for Conditional Use Permit. "http://www.hcd.ca.gov/hpd/hre/plan/he/ Frou:Public Counsel 219 Sub HUM ll/&1ZUUd lb:UU 11MU F.UUH/Ulu Page 8 of 15 2. The Proposed Homeless Shelter Is Not Actually Inconsistent with Current Zoning Ordinance or General Plan Land Use Designations-Govt. Code §65589.5(d)(5) a.Density is Not Inconsistent with Current Zoning Ordinance or General Plan Land Use Designations Even if the City was permitted to rely on inconsistency findings under Section 65589.5(d)(5),the proposed shelter's density is not inconsistent with the current zoning ordinance or general plan land use designations. Finding 5.1 states that although HPC agreed to reduce the number of residents from 56 to 36,"even that number would be at the extreme high end of the density allowed"and"[t]he actual intensity of the use would be even greater,given the stalling requirements." However,the City specifically stated in its October 16,2008 staff report that the equivalent density for a site approximately the size of 840 N. Sierra Way in the RM zone"would be 6 units,which would accommodate a range of 20-36 residents." In response to this concern,HPC agreed to reduce the number of its residents from 56 to 36,consistent with the City's stated October 16, 2008 density requirement.14 Furthermore, the City relies inappropriately on Municipal Code Section 19.04.030(2M to invoke the requirement that social service centers must"conform to the residential density standard of the underlying land use designation,and to have a level of intensity compatible with the residential district surrounding the site. 15 As clarified in Section III-A-I of this letter,the proposed shelter cannot be classified as a social service center; therefore,Municipal Code Section 19.04.030(2)(7)does not apply and cannot be used as a basis to deny the CUP. b.Lot Size Requirement Does Not Apply to This Site Even if the City was permitted to rely on inconsistency findings under Section 65589.5(d)(5),the one-acre lot size requirement does not apply to this site. The one-acre minimum site area requirement"that the City cites in Finding 5.3 is only applicable to social service centers. As clarified in Section III-A-1 of this letter,the proposed shelter cannot be classified as a social service center. It is improper for the City to assert that the proposed shelter should now be classified as a social service center despite the fact that the application was submitted for a"homeless facility",and the City has repeatedly referred to it as a homeless shelter,homeless facility,or emergency shelter in all of its previous staff reports. Therefore,this lot size requirement is inapplicable to HPC and cannot be used as a basis to find inconsistency. c.Proposed Shelter Would Not Alter Character of the Existing Neighborhood Even if the City was permitted to rely on inconsistency findings under Section 65589.5(d)(5),there is no evidence in the record to indicate that the proposed shelter would alter the character of the existing neighborhood. Finding 5.4 states that the proposed shelter would be inconsistent with the general plan because"[e]xisting homes in the immediate vicinity of the 14 November 5,2008 Findings and Conclusion#5.2 "November 5,2008 Findings and Conclusion 95.2 16 Municipal Code Section 19.04.030(2"(9) Frua:Fhblic t;ounsel Lld dab Won 111etlletlud lb:u1 neeu r.uIuIuIb Page 9 of 15 proposed project are single-family residences." Although there are existing single-family homes nearby,properties in the immediate vicinity represent minimal single-family residences. The parcels immediately adjacent to the proposed site include the following uses: four(4)vacant parcels(all zoned RM)to the south and southwest; Celebration City Lutheran Church to the west; Pioneer Memorial Cemetery and another adjacent cemetery to the east. Additionally, permitting a homeless shelter in a residential zone is not unprecedented in the City. Central City Lutheran Mission at 1254 North G Street is zoned RM. The abovementioned Frazee Community Center,zoned RS,provides emergency shelter for 22 homeless men at a facility across from two schools,a child development center,and a neighborhood park. The City is acting arbitrarily in finding that HPC's proposed shelter would alter the character of the residential neighborhood when no such findings were made for the abovementioned shelters,all of which are also located in the City's residential zones. d.Impacts of the Proposed Shelter Would Not Outweigh Benefits to the Public Even if the City was permitted to rely on inconsistency findings under Section 65589.5(dx5), any impacts of the proposed shelter would not outweigh its public benefits. Finding 5.4 states that,because of the general plan inconsistency discussed above, "the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public."As indicated in the most recent regional homeless count,the City of San Bernardino is home to 1,915 homeless 1lersons.17 This represents 26.1%of the entire County homeless population,making the City home to the largest proportion of the County's homeless. Although the City states it currently has 265 beds in its existing homeless shelters,and an additional 164 beds under construction",it is important to note that(1) one of these shelters 19 (68 beds)is closed20 and(2)five of these facilities21 (112 beds)are domestic violence shelters. With only 197 beds actually currently available, and over 361/6 of these beds restricted to domestic violence shelters,there remains a significant unmet need for housing for the City's homeless. 1n addition to taking another 36 homeless persons off the street,the proposed shelter would serve homeless from the City of San Bernardino and would also provide extensive services(e.g., intense case management,pre-employment preparation,career guidance,job placement)to facilitate reintegration. HPC's proposed shelter would be the only one in the City providing this combination of supportive services and housing for homeless persons. Thus, because of its failure to adopt a revised housing element,the City is not permitted to rely on the inconsistency exception contained in Section 65589.5(d)(5)to deny HPC's proposed shelter. Even if it had a revised housing element,there is insufficient evidence in the record to support a finding of land use inconsistency. "2007 San Bernardino County Homeless Census and Survey Comprehensive Report,page 21. '$November 5,2008 Findings and Conclusion#1.3 19 Salvation Army,746 W.Fifth Street 20 Pursuant to conversation between Liz Roubidoux and Salvation Army in October 2008. 2'Both Veronica's Home sites;Option House;Time for Change Foundation;and New House hrom:F'ublic Uounsel 218 sub UUMU 11/2tl/2UUd 1t1:u2 H22U F.Ulliulb Page to of 15 3. The Proposed Emergency Shelter Would Not Have a Specific Adverse Impact on Public Health and Safety That Cannot Be Avoided or Mitigated- Govt. Code§65589.5(d)(2) a. Findings Do Not Establish Specific Adverse Impact on Public Health or Safety To establish that the proposed shelter would have a"specific,adverse impact upon the public health or safety,"the City must have found"significant,quantifiable, direct,and unavoidable impact[s],based on objective,identified written public health or safety standards, policies,or conditions as they existed on the date the application was deemed complete."a2 Govt. Code§65589.5(d)(2). There is simply no evidence in the record to indicate that the City has found significant,quantifiable public health or safety impacts based on identified standards. Not only does the City fail to identify significant,quantifiable impacts,it also fails to identify written public health or safety standards against which such impacts were measured. The City has clearly,therefore,failed to demonstrate that the denial of the CUP is consistent with §65589.5(d)(2). In Findings 3.1 through 3.4,the City contends that the housing of parolees or probationers at the proposed shelter constitutes a public safety concern. If the City intends to claim that there is a significant adverse impact on public safety that cannot be avoided, it must present plausible evidence that the presence of parolees/probationers in this shelter will actually make the area harder to police. The mere potential for additional parolees/probationers living in this area does not make the area patently harder for police to service without considering any other factors such as the nature of the shelter in question.23 The only evidence given is previous experience with"a 24-unit facility"and a"14-unit apartment parolee/probationer facility."24 The City does not provide any description of these facilities or of their operation,giving no basis for assuming they are actually analogous to HPC's proposed shelter. The City's sparse findings regarding the previous facilities give no indication that those facilities were as well planned and as well equipped as HPC to prevent a significant burden on police resources and public safety, as demonstrated by HPC's Security Plan and other security policies. Regardless,the City still fails to present significant,quantifiable impacts as required by §65589.5(d)(2). While it may be tempting for the City to simply assume,without evidence,that parolees in every setting are highly likely to commit crimes,the law does not afford the City leeway to make such assumptions without presenting supporting evidence and considering the specifics of this facility and its particular programs and procedures. Otherwise,the City's argument seems to be that it is not conceivably possible,regardless of planning or precautions,to run a shelter that houses some parolees without significantly endangering public safety. Such an argument is unsupported and directly contradicts the legislative intent of SB 2. u This subsection further states that"li]nconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific,adverse impact upon the public health or safety." "November 5,2008 Findings and Conclusion 43.2("there is already a high concentration of parolees/probationers in the area");#3.4("the Commission has concerns regarding the security at the proposed facility iC as appears to be the case,all or a substantial portion of the residents would be parolees/probations"). t4 November 5,2008 Findings and Conclusion#3.3 rrom:Public Counsel e13 sub UUMN it/?b/Mu" 1b:Ue H[eu M.Ulziulb Page 11 of 15 Rather than relying on the experiences with two dissimilar facilities,the City should have considered HPC's two similar shelters in Los Angeles County.0 Neither of these shelters has caused a significant increased burden on the police force in their respective communities. Evidence based on a similar shelter with similar procedures and practices run by the same organization is far more relevant than the experiences with two unrelated facilities. Furthermore, HPC's Security Plan addresses site security,discipline,disturbance control, facility containment, search& seizure, and emergency evacuation procedures,as outlined in its August 13,2008 letter to Aron Liang,City Planning.Without relevant and specific information on which to base the conclusion that the residents at the proposed shelter will have an adverse impact on the community's public safety,this finding is unwarranted. Even if the City found a specific, adverse,quantifiable impact on public health or safety,there is no evidence that such findings are based on objective standards,policies,or conditions as they existed on the date the application was deemed complete. b.City Has Not Made Required Finding Under Section 65589.5(d)(2)and Any Potential Impacts of Shelter Would be Mitigated or Avoided Additionally,even if the City had presented evidence establishing that the proposed shelter would have a specific,adverse impact upon the public health or safety,the City must also have found that"there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without... rendering the development of the emergency shelter financially infeasible."Govt.Code §65589.5 (d)(2). The adopted Findings and Conclusion fail to make this required finding. Even if the City had made the required finding, HPC has provided the City with sufficient information which either mitigates or eliminates any potential safety concerns. Specifically,although HPC is not at liberty to discriminate against or refuse services to non- violent parolees, it does not service violent offenders. This fact extremely mitigates any concern that the residents would present a safety risk to the surrounding neighborhood. Furthermore,in response to the City's safety concerns with probationers/parolees residing at this shelter in light of prior experiences with other facilities,HPC has expressed its intent and desire to work very closely with the City's Police Department and other local service providers. As referenced above,on August 13,2008,HPC submitted responses to the City's safety concerns. Additionally,all staff receive training on how to oversee and monitor the activities of residents and how to enforce residential center rules and regulations. This training is ongoing via training curriculums provided by the American Correctional Association,which specializes in training residential monitors working with various homeless and residential centers. Further details on HPC's personnel training is available and can be provided to the City. In response to Finding 3.5 and the City's concern with discharging residents who may be under the influence of banned substances,HPC has a clearly established procedure of providing a referral to an appropriate facility as well as arranging for the transportation of the resident to the referral location. Lastly,HPC does not operate a day laborer program, and therefore,any concerns with the unsupervised release of residents as part of this purported program are completed eliminated. 2s Bridgeback B- 1718 W.Vemon Ave,Los Angeles;US Vets Initiative-4116 E.Compton Ave,Compton From:Public Counsel 213 385 muss 11/26/2008 15:ul 9220 R u13lu18 Page 12 of 15 Thus,because it has failed to identify specific,quantifiable health and safety impacts that cannot be mitigated,the City cannot rely on Section 65589.5(d)(2)to deny HPC's CUP. 4. The City's Land Use Conflict Findings are Insufficient to Allow Denial of the Shelter-Govt Code§§65589.5(d)(2),(5) The City's Land Use Conflicts Findings26 are insufficient to allow it to deny the shelter under Section 65589.5(d)(2)or Section 65589.5(d)(5).The City states the proposed project would have"adverse impacts on neighboring land uses...that could not be avoided with the adoption of the ameliorative measures the applicant was able and willing to adopt"27 However, no specific, quantifiable findings of adverse impacts on public health or safety based on objective,identified written public health or safety standards,policies,or conditions on the date the applicant was deemed complete have been made.Additionally,Section 65589.5(d)(2) specifically states that land use inconsistency does not constitute a specific,adverse impact on the public health and safety. As discussed in further detail below,any proposed impacts on Option House and Lincoln II Elementary School can be avoided. As discussed above in Section III-B-1,the City's failure to adopt a revised housing element precludes it from denying the shelter based on general plan or land use inconsistencies. Regardless, as discussed below,any potential land use conflicts are avoidable;therefore,the City fails to establish grounds for denial based on its Land Use Conflicts Findings. a.Shelter Would Not Have Unavoidable Adverse Impacts on Option House The City cites the proximity of Option House,a domestic violence shelter, to the proposed shelter as grounds for a land use conflict 28 Based on the relevant findings,it appears that the City believes that the residents of the proposed shelter will pose a threat to the safety of Option House residents,though this is never specifically stated. The proposed shelter will not house any violent offender parolees or probationers, and, because HPC is not eligible to provide services for sex offenders,these individuals will not be participants or residents of the proposed shelter. Additionally,any safety concerns as they relate to the residents of Option House are mitigated by the fact that the proposed shelter would operate under a specific schedule requiring participants to be at meals,meetings or programming from 6 am to 6 pm Monday through Friday. This regimented schedule, in addition to HPC's security efforts,extremely mitigates and possibly eliminates the possibility of these individuals coming into contact with residents of Option House. Furthermore,Section 65589.5(d)(2)specifically states that land use inconsistency does not constitute a specific, adverse impact on the public health and safety. b.Shelter Would Not Have Unavoidable Adverse hnpacts on Planned Lincoln I1 Elementary School The only land use conflict asserted by the City with regards to the planned Lincoln H Elementary School is that"undesirable contacts between students walking by the facility and u November 5,2008 Findings and Conclusion#4 et seq. z1 November 5,2008 Findings and Conclusion#4 �November 5,2008 Findings and Conclusion#4.1-4.4 From:Public Counsel 213 385 8088 11/26/2008 15:08 #220 P.014/016 Page 13 of 15 residents of the facility likely would occur.sZ9 Based on this assertion,it appears that the City believes it is`undesirable"to potentially have elementary school children interact with or walk by homeless individuals. However,Frazee Community Center at 1140 Mill Street,zoned Residential Suburban(RS),currently provides emergency shelter to 22 homeless men in a facility directly across from two schools,a child development center,and a park. A new elementary school is planned to be constructed directly to the south of this existing shelter. Finding 4.5 makes an unfounded and discriminatory assumption that homeless persons would somehow improperly interact with children walking to school, in addition to singling out this particular shelter and treating it differently from other similar shelters in the City. This is precisely the type of discrimination that the Housing Accountability Act and SB 2 were enacted to deter. Furthermore,in its own comment letter30 on this matter,the San Bernardino Unified School District did not assert any unavoidable safety impacts of the proposed shelter on the school. Rather,its letter highlights the City's need for more intensive rehabilitation,of the kind HPC would provide,to address chronic homelessness. In addition,the proposed shelter would provide housing for homeless persons already on the streets of the City. By housing these individuals,the opportunities for interaction with the public in general is already greatly reduced. Furthermore,the proposed shelter would operate under a specific schedule requiring participants to be at meals,meetings or programming from 6 am to 6 pm Monday through Friday. This regimented schedule extremely mitigates and possibly eliminates the possibility of these individuals being outside of the shelter when school children are present. Regardless,as the findings allude,HPC has proposed to include a sunset clause or date of expiration in the CUP3' It is both common practice and legally enforceable for jurisdictions to place an expiration date as a condition for approval of a CUP. On October 8,2008 HPC offered to terminate use of the site as a homeless shelter upon the completion of the proposed elementary school and to provide a new use,as permitted by the Code,that would best serve the community. There is no question that the expiry of use of the shelter at the time of the school's completion would eliminate any potential land use conflict The City's position that it cannot approve the CUP because it cannot guarantee the future use following the expiration of the CUP32 is misguided. Because the CUP would have a sunset clause limiting the validity of the CUP to avoid any conflict with the school,the subsequent use of the property would have to be a use that is permitted under current zoning ordinances without a CUP. 'Me approval of a CUP with a sunset clause will have no legal effect whatsoever on the future use of the property following the expiration of the CUP. While HPC has expressed its willingness to work with the City to help ensure an appropriate use follows the expiration of the CUP,the City's land use ordinances ultimately ensure that an appropriate use will follow. Because of these reasons and because Section 65589.5(dx2)specifically states that land use 'November 5,2008 Finding and Conclusion#4.5 i0 September 16,2008 Staff Report,Attachment E(June 25,2008 letter from Judy D. white,San Bernardino City Unified School District Deputy Superintendent) sr October 16,2008 Planning Division Staff Report,page 1;November 5,2008 Findings and Conclusion 94.6 "November 5,2008 Findings and Conclusion#4.6 Page 14 of 15 inconsistency does not constitute a specific,adverse impact on the public health and safety,the City has no basis to deny the CUP on future use grounds . Finally, the City is also severely limited in its ability to deny the shelter based on school impacts because California law already provides a mechanism for mitigation of school impacts— see, e.g. Education Code Section 17620 and Government Code Section 65995. IV, The Law Requires the City Council to Grant HPC's CUP to Operate a Homeless Shelter Without Imposing Unreasonable Conditions and/or Restrictions As highlighted above,the City has an overwhelming and untnet need for housing and services for its 1,915 homeless residents. The City's existing shelters do not even come close to providing enough beds to house its homeless. By denying HPC's proposed shelter, essential housing and services are being eliminated from the community. The Planning Commission's decision on November 5, 2008 was in violation of State law. State law, including the Housing Accountability Act as amended by SB 2,prohibits the City from denying a homeless shelter under the City's current findings. Not only are the City's findings facially insufficient to establish grounds for denial of the proposed shelter,but the City has also failed to adopt a revised housing element consistent with State law. As explained above, HPC's proposed shelter cannot be classified as a social service center. Clearly, the shelter-whether classified as an emergency shelter or transitional housing- falls under the protections of the Housing Accountability Act. As shown in Section III of this memo,the City does not have any basis to deny the shelter because it cannot avail itself of any of the exceptions to the Housing Accountability Act. Because of its failure to adopt a revised housing element,the City is not permitted to rely on the inconsistency exception contained in Section 65589.5(d)(5). Even if it had a revised housing element, there is insufficient evidence in the record to support a finding of land use inconsistency. Furthermore,because it has failed to identify specific,quantifiable health and safety impacts based on objective, identified written public health or safety standards,the City cannot rely on Section 65589.5(d)(2)to deny HPC's CUP. Therefore,the law requires the City Council to approve HPC's CUP to operate a homeless shelter without imposing unreasonable conditions and/or restrictions on its operation. By approving the CUP,the City Council will not only bring the City's actions into compliance with State law, but will also materially address the needs of the City's homeless residents. HPC respectfully requests that the City Council approve its CUP application to operate a homeless shelter at 840 N. Siena Way. Respectfully Submitted, Remy e La Peza Attorney Equal Justice Works Fellow v e. LV• L.IV J J/ ir. . vu��v vvvi...�� \L + +yJ/�V/ '•v. JyvJ + Page 15 of 15 Community Development Project- HOPE Unit Public Counsel cc:Dr. Garnett Newcombe, CEO Human Potential Consultants,LLC U O Z O y , 0 z Z 3 O _ >O> Y O Z ^ N o a U z_ �J L LI J i N 0 i r1 N r!, U N UQ K LL z � o � z o N ^ O W J W N J V = ❑ N z � ~ O V Y N y O r Z r T, W W Z W QY K LL 44 S (�J O V Q U 2 U J N N m ❑ Z W m K %� /V) (/� > z O L E a O p _ _ � -� _0 c v >. (n O o -° cn -a O L a 0 0 Q N cn a E = s cn ca O (0 -p O U O Q1 O O 4-J0 (n (n 4-1 Ln ra (n C >, (n (n c 0 -0 C _0 (n .0 0) (n — ro a) O a) -o Q N O m m m N w E w O (n Q cn o a) cy -r- o f 'c O O O O �=O � f U U (p U NN C: - D °: O L (a N -> (f c w ° - E U° ' E °' v c U ru v E v " m � > -a > — -0 - v, U mom — N -a ro N ,>- ca +_� V) — � c � C) 4- a 4-J C 4-J L r0 O L C O �L- 0 0 U v U ate' 4; 4 0 0 C 4 Ln c — F— w in I— U (n (n I- .^ Z V/ F lT1 N L > 4-) (J) � O Go ^� Q O E O Ln H 4� •U N 4-j Q y-- E O O •— cn >, o U u �� U M a� m Q) a� u _rZ E o- 4-J O cn Cn tc � UQ) 06 a °1OO °) � W o L _ > . r� = L E V) � U Q O, O .� 0 > DCEru . �. Q N Q) O N v- . � u � -r- Eo � U7 `4+ j �. v — Q — N O N ^ L — O M O a. 00 H O j L, C O o 0 Q) O L/) > L .0 > 01 4-1 C-) u ) Q) (f) O ' O O cn - W)�-i > 4- (1) Zi C to O O L O UO 0 ~ a) Q U 4- = O 4- -� '4-J -O O :3 -+� — U (p 0 M O y— 4—J E 6 O a") m cl) cn c1) O N > N _ = N U L C ,—, p O O C (1) (1) 0 - 4-1 -0 (n U • N LO ✓-' _0 — .� < �?� 4—J C:U 4-J o dl ' c- u O •V - '� 4-J O N co O � C fl- � V1 N40 � 4N OO �' 4� N -W 0) L O vi ro Q)Q)Q r' co N U Q� — (a � U 0 4-j � •� p1U -0 � O 00 W •U O to N O' O U) 0) N — O . > OU d- L L (n .0 -0 4J O W U O .— -0 M N O U �• O � � L E � ^ � O • C C -0 0 L U) N -0 � � V � •0 O O N E -r- Ca--' CI) � U � O -0 � Oa=' O-0 •> ON0O0 -0 — :3 L- < i L Q - Q L LC L (j) CO 4- �u^` O (0 0 fu L • Z O u a-J O O C +' N >. E �^^ 0- _ cn i--•I O N L mLn � c° v � � ( M ro can vo > N m L w � — _0 O N Z a-J .L 4-J C L N C _� �, �a O O E to � � 01 C L � v O U O aJ m 4-J C N 01 � 4-' — 0 C 2: -0 .— — O cOn v 0 U' U) ,., � r)0) :3 Z3 o � L N C L U p = > O C 0 3 -0 C (n L a O � p Q) a , C) U -0 OU C 01 L U) O O p- C C U �, � 0 N -0 N .►.., O O C p 0 U 0 (n U � U O p OU ' p N CD O N LfU S U) 4 (uo N C N 0 I 0 U O -0 � Z U _0 U) -0 U) E -0 L-� � O, o L N N L S- Q1 -0 Z) •� -0 co O (D 0 > Q OD O E -o O N m W U' dL 01 0 m 010 QQ -0n Z \ ro a W w J 4 . O � � ru a� Q) U� n o E un C� L- U O Q) Q) 0= (f) I_— (f)C •— _0 cn r- U) N N Z3 E 4-1 �.,— ro J Q) O -W 4 00 a.-J cn —' O N 0= cn O Ln w -0 0) Q N m E O - . ,_..i U) u— N O- O O O cn O E O ro ._ CD C: U L C O 4-J U -0 L � Q U N ra (10 > V) > O W r0 O W 0 U • • • 4-1 L •� �i O V) L V) on-4 cn 0 0) a) o 4� cr' E °. w O o O Q) 4-J bto N � Q) a) . r � �, ° � �— a = cn ^ Q) U4) p -0 U .— L 4—' O CD- _ � i (a O Q) (1) Q) 4—) Ol _0 U LQ 0- %. Q) U) �-+ O U ?>> E L . ,_. u u Q) E 0) >% O O O Q) _ 01 E E .� cn Q) E F � O 4-' Q. Q) � Z3 cn v •L U � .� �.a ) 4 —O L O O U n a--J J ro Q ra v)) a E Z a rT� L _ O 4-J Q O ,..,.i oV -p N � 40, O V m 4-J N o1 O N E O N cn Ln O rn .0 Q � N O r) - cn C O U' . > � — 2w m av) Q) E o -o O - 0 w w Z H • vi r a rT1 ?--I 4_ O -� 4� O cn U Q a� 4-) � � XZ- 4-) ro Q -O to 4-J ro -O N C: -� a) co -W a) O E E � C: r tea) -0 .� ro ro 4 w .o � Q) U O � O � � c '-� `+- :0 E o - � w — = Q E 0) fu � � ° Co •F fu00 U .C: D N (1) -0 O N 4-J ra O m QO -r- O • • • Z F • Q.1 T 1 L .{J L- C- O � � •U (o 4-d V1 O 0) > - O 4-) : J O ro V 0 V)Z) UO 4-j fu N D m � O -� �- -a0 4-j E z, N "' o a J W o w °' °' E L n O O 4-1 O CL f6 _0 Ln O • 4-J p f6 -O v (a fu O U N fU O 4-J V) N Q) N •� CD •L L 4-J O O •L U > c N ry U � L N 0) U u •u� a. CO N L- N� L = N fp (n 'O fa L Z3 "O •D U Z 4-J F L M L rT, � 0 0 o N a-J -0 0 o a .U d--+ a--) 4-J C � J-J N ru 4 OUC COQ ' NUQ)= �i O0 aOa +�+ U � � o V1 U (ate X00 ` 0 � � fu- .v }� U V). U U a-J -0 — E cn m E w fl- OU) a 00 ru O -ooc .L E L (On E > � — � �+ O O C. U4- m NV) � (p E 0 � C00 0 O� to M U N O ^�� , � C �O Q)42) U NO Q) 4-j _0 � C 0 > U ._ L a�-J Q) (6 -O C -0 O O > o U) -O C -j-j Ln ±' ca c0 (n -0 m O V0) cn ��' >_ u •- Q) '0 a) � � D � oc •^ 000 v- 0� 0 � '0CN0 Q L- L 4-j rBON O �� C O• O � � aN E r0X-0 M� o � V) �' O0 � _0 u•1 > C O (p 0) 0v (O =I � 0 �' o +0a0U0 -0 o_ 0 o f U -o V) C O �n Ln (0 > 0.. .�, 0 C 1- ro 0 O . fu(, N X4-JO O U) o CL0) O 0) V) C (o— L o .- o 0 0-C 00 fu E c fa V) (O a , J a) 0 OL >fu C 0 a-J 0 Lf1 (O V) D L -0 -C O- i- :17- 0)v- V) V) l0 y.n o_r .- N 00 4-j cnc0n cn-00m > Lm Y U�L5 — 3 Ua u Q) C: -0 a� � 4'' c � o� U .r oU oC a-' ) � � C L U (o L (� L L L (6 4-J �-{ d1 OOZO N- 0 (n 0 O >�aO O FJ� � � UO � � r� a) ..co -C Q) -r- a-0 0 0mL F- aML 4- F- L I- omm (6 Ln u 4-J v U N w v) E VLn Ln fu Ma L Q 0O > � C C O � V � � ,` � � oM E U 0 �. i � Q) a) rte : i 4wj \ � o at U �i U O N N L ' (U L O CL , N >4--J � O 4—) too O U Z ti z rT� C) > � LEC >W •— X rp 4-- � v) W . ra ul UO (n -0 E E a) _r Oma a) 0- .-, 4-J U O � Q a) un > .0 a) cn pi 4 � � E v � 00 � Z3o - � En V O -r- O 'i 4-J > a) U CO L C -O p bA a)� 0- C ° � a; U O to a; a--� :J O- a) O O L - -C N U Z F 1 J N TC U] m Q) c _ a E 0 o ^ O — J 4-j ro N N -0 � _0 r� V 4-J C: N /1 X 0 4-J 0 C: cp -p C:_ N -0 � O -i-+ _0 4-J N Q N -0 N in .3 U � Q U (n E N `� N Ln N U fu 'O Ln L M O O� cn O c r E0- co ° - H - Ln w o .� Q) 0 c CL cn cn U to N 0 — (6 (a lA� • LZ O U 0 N C btJ (1) 0 0 0 � U . O U (a U � !-J L- 0- -o D p U N > cn -0 '= cn E 0 O a '�- a� to U U Z O z_ x Z � Q _ o O w ° W Y Q w 0 a z w � N LO U !n V Z 7 Q y O W �0 O W J J u T U 0 N U = a ° H a o � ` U Y O Z O Q w W w SA LL �'Y LL x 5 (n S U J N K (7 t� W m Z bJO o) W m 4-J LL W ` O p p a .r - C � h---1 -0 _0 m O N Q) U V N OU cC� _0 v N p 03 — c ° N a -OV O N °� +-0-+ cn a E = LE (nm vm -a Q) O L � 0 ° o � (n -C- a-' (n m 4-J O cn m O >, cn m cn p (n m O O Q) _0 N — Z N -0 . r...� — -0 (n cn 4-J C -a — -0 .— — L- 0- N o (a m m Q) E O E N N o L O 4-1 •L Q a1 o � C D Q = O O C O p U Q p O C O v �. 'O C p O cn C m U O U > O O V) � D m O a N m -a O v •� U L ,- V Q)fo XZ-r--+ 5 ,� m o m -p O L E p U cn Q m U � 0) > -6 > — -0 -cn N L U) U O) o 2 (1) O -p m N o cn m D c — cn ry z cn •- - m �--� +, > c c fo � Q .— � Q U a-d C 4-) L m ° L O o `� �' p N U N U d � � � � N Q a N N N v N - N U) O � L -C -C O L O L C L - � w I— cn I— uU) (n I— mm I- 3 Z V) Q) o ~y U0 L � Q > roV' � � o �, o, � 0 00 Q ao E o Ln D cn x corn 4-j Q) 'L , Q) y- N O O ' can >, O U CI) U M U L > E (� Q) u E - O' 4-j O 5 U V)V (n b L U o;b a� °' OOQ' V) � 0 4-J F- 0 W UQ) IZZ > ;-J ra = = v; E � • U -i--i O O V — D E [� ►� 4-' O Q) • � Q) O y--+ > ). v — Q. — Q) O L O CO N O L N O O O J) > L O pl .a-, C) L() — .� � Loo) • > — a� 4-, V -o O o O Q) � v E L n 0 � Q) O I- Q) - Q U a--J (o U') V to >` � �-� -0 O Z3 a- 0 -' — V f6 O .� O d- m (1) O Q) O - -0 cn L = U • \ F L O U - Q rT1 :3 - �J \ ro U O.0 .� 'U �' '� O N fa O I--1 fu v O '(u •V cn c0 •— U E L � Q) 4— CJr— H c6 N L (a � ^ cn '(T Q C Q� C M .> fu U C f- -�-� Q _ L � M O p1U � 4- � C upm p- O U QLio � MO O L_ > O L U) ) V 0) U) (ooprau � -04-, O � U -r- fp C 4-J E >, E \ —+ U >10U (o lu U O C ' 4 '' •> vj L C w U • U .— p -O C L N � � 4-, C - � •— N N O E � C > — 4-J 4-' a (U 4-J ro C U p U p -0 gip ' 0)-p :::; C N O N �C ' 'N N L Q � Qp A p L O � p- ra 4- U) U) • W O O u Q rT1 O o O 0- 2 r'1 N > � � � rovL � � � � n � o > w ma D O c J E o n z � 4-J 4-J c � c E a� c M > O O O �0 4-J O 0 v t-� N O � w O C� v Ln >' p n � 0 a) O O a) O 0 O rQ� v L •� C a) v a) _ > 4-' cn vJ ) O U4-) � C � V)O O � Q � , QQ c � a) O_0 c O 0 O O p O aC p fu C _O ) O � L Q �0 • p - z p4 O N � m c a) p aJ a) v p Z U _0 (n -0 viE � � Ec -wO) o a) L O i S- >� L d1 -0 p •� "O (� L fu > ' E > p- u > vC -o ° c u) c 0 ra 0 0 4- (0 0 C -6 u av ra w L7 a -r- 0) Om 0) v QQ -0 -0 Z \ 4-J 4 o � c a� 4-J cu � _r_ Q N -I-' Q -0 L- N 0 O E U O N 0 Ln •- -0 V) c (n w f6 N a-' a-j 4� E E o _r M -W O C 4-J co Q — to Lt.- Ln O -0 O Ln w -0 0) N 0 N I m 0 E O N . •� Q) c ro ion O4-' •— O c CD C: U 4-J � O 47J cn 0 . -0 to •- 0 t6 W Q m 0 U F > Z a rTl a� O - O to N — . 0 Q) v� O u, 4-1 > cn Q) U � .� ° � O — U p -_ L M O Q) cn O pl U� U Q >� L [6 C p � �' (O O ra -0 , U E L (C� N O O — 01 E E > Q w -p �, -p p N V J ru Q ru v) Q Z F N DF O 4 oQ o (1) oV -o N � o U Ln 0) Loa) °' u E Boa) U') o a) ca to 5 ru .V Q .0 N � u Ora U a� a) ra 0. Ln Q) E0 —o O � 0 w w Z H Q w J CD 0 p M U � Q 0 C— w _0 V) O � 4-) � CD uo O 4-J 4-J Q) O 4-J O O m E E .O 4-1 � O U . O � o C: r- C: U) L r� � E a) O — L- � O � � � w — = Q E � 0) � 0 .� ° m - —0 oo U NCO N .-, cu O CO Q O O • • • U/) , V/ N 4-; i Q C Q .0 (6 V1 O > C +, J O ur) O L I—� a.-J p cam!) C Q C >% m C -0 O C p Q --+ .— N N rte—+ N w ~ C p W p � E � � �' L- EV t a) O 1 N O- 1�:; _0 — _O C • 4-J CO ca -O -- m fa (U O CJ� V N U) C a--� N > -O O � OU N fa Co _0 U) O �_ 4-J 4-J N O — .� a--> > C — L - - ,L u -O .V N � V m N V) VI O N fp (n _0 fp L :3 -o _ -o V Z 4-J r O O L O F1 Y"'I �-J _ N ?-� O N 4-J 0 -0 0" 4—' U N M C � � 0)C � 0 E L � 0(x"0 0 U E V Q) U' U O w — E (n raEi' • C L UC N fl4J � Q N0 (0 O -0pC •L 0ui 10 (6 E N OCOO 0 C N Q) Q) V ON N 'Ln — "0 (6 > a-J � U -0 C -0 0 Q) O Ln O C Nom / (p O Q=� `� � � U � � U11 � 0 0 0 w (1)-C C 4-1 -C -0 C O N Q V) L �J � W �� C c > M— Qa) E fu N C C C � � U 0) Q � CI � N �, O O— O C "0 00— 410E U "O 4-; Q) Q (6 > > Q .� O C I— (0 O 0 . L U Ln C: =4- M — O 0 .— 0 � � a)-C 00 (a E C 0 cu p1 � a 0 M U C _r_ Ln U L O -0 (001N 00 0) M (a ON (U OM O i . 0) O L U . C O U O C O �J'0 U Q)70 C L U (U L- � L L L am— U a--J O N N O-O >, QO O O c _ (n .r2 UO L0 MQ) _rZ0 LO -r- LCQ"0 (D N f6 _r_ V) L O m (v m ,--I N M d LO U u Q) a ' (6 (U E o Ln E .: O Q) cn 4-j E > V) C � F� U V � ,` _0 � O m u �� O E N 0 � V N 04. E V� 01 V l y O Q E O N wQ L- > u O O � ; co '� u �' Ln r--� N N -O C [O = O Ln U o > � v - � � � 4� r L E � - -° LM a v a o a) a) O O U S N a-) = Q) 4-J 4-J wo N O 4mJ 4-J 4-) E � � a � '� � x o - v ra U Z a F u1 4-J N v cv N o ff -4-� L 'L �- cz _0 F� O 0 E_ ro V ) 4-J V C X u- 4- (n `I w " w z; > a� -1 j 4- L (� u � o w m E E N -r O n N a4-j +, U0 `. `n Mme `'= a) � w 0 U > -r -r- Q0 Ln 0 u Q) orn r Ea) 00 0 04 �' Lr) :3 0 _ c V O O •L W) V 4—' > O N c -0 v O O L C O O O U • O 4—J :E Cn L- U (n > Q) 0 0 O Q. O a_, 4 N U " c c a) z.F cn co a� IZ- °) Q , j O, -0 -0 a� L � � � _ U r. D V) X 4-J 0 4-J tC 0 '7 v - � � -0 _ _ (n 3 � - � c °- U U M _0 0O) o � w0 co Q o c cn U U) N dl f0 (0 (1) _0 b� a_ O � a .0 0 � . U .�..,+ O V cn V O -' Q � O U _0 E 0 ro Q � L � � � •L � r1 (0 to U SIDLEY AUSTIN u-P BEIJING LOS ANGELES 555 WEST FIFTH STREET BRUSSELS NEW YORK SID`ELUSTIN LLP X 13)8966600 FAX 90013 FRANKFURT SNGAPQp�I5C0 FTU\ JffTIJ;Y GENEVA SYDNEY- 07 DALLAS SHANGHg,- HONG KONG TOKYO LONDON WASHINGTON,D'0. 'R,.y co dpoleretsidley.com fTl (213)896-6623 FOUNDED 1866 ' �N March 4, 2009 ntered Into Rec, at MCCICDC By Federal Express Mayor Patrick J. Morris No San Bernardino City Council by. 300 North "D" Street, Mezzanine City C CPC Secretary San Bernardino, CA 92418 City of San Bernardino Re: Appeal of the Planning Commission's Denial of Human Potential Consultants' A��lication for Conditional Use Permit No 08-21 (Appeal No 08-07)for Conditional Use Permit No 08-21 (Appeal No 08-07) Dear Mayor Morris: This office represents Human Potential Consultants, LLC ("HPC"). In advance of the Mayor and Common Council meeting scheduled for March 16, 2009, we respectfully submit the enclosed materials for your reference on behalf of our client. It is our hope that these materials will provide you with background information regarding an appeal that is scheduled to be heard at the March 16,2009 meeting. The appeal concerns HPC's application for a conditional use permit("CUP")to convert an existing church building at 840 N. Sierra Way into a homeless shelter with related support facilities and services and office space. HPC is dedicated to providing residential services in coordination with employment solutions. Currently, HPC operates six similar successful homeless residential facilities in Los Angeles County. HPC believes that its unique emergency shelter model would be a valuable resource in your community. On May 27,2008, HPC's application for a CUP to develop the proposed emergency shelter was deemed complete. A few months later, on September 16, 2008, the Planning Commission put CUP'No. 08-21 on its agenda and set it for public hearing. Planning staff recommended that the CUP be denied based on certain findings of fact, but the item was continued pursuant to HPC's assertion that recent legislation, Senate Bill 2 ("SB 2"), would preclude the City from denying the project. The Planning Commission held a public hearing on CUP No. 08-21 on October 21, 2008 and, on November 5, 2008, the Commission denied the application based on its Findings and Conclusion. On November 20, 2008, HPC timely filed an application for appeal to the Common Council. The issue presented on appeal concerns the Planning Commission's denial of HPC's application on purely speculative grounds based on "Not-In-My-Backyard" ("NIMBY") C �L Sisley Austin UP is a limited liability pennershp pradianp in eCSUlion with o0er Sidley Austin panneishps 2 3 jl6l oq MCC, / . SIDLEY Mayor Patrick J. Morris March 4, 2009 Page 2 concerns. Such action contradicts the purpose and intent of SB 2. This legislation, effective January 1, 2008, requires California localities to amend their housing elements so as to engage in detailed analyses of the need for emergency shelters and transitional housing, regulates zoning for these facilities, and broadens the scope of the Housing Accountability Act in order to prevent jurisdictions from denying the development of emergency shelters based upon NIMBY-ist attitudes. The purpose of SB 2 is to encourage the construction of emergency shelters and prevent arbitrary land use decisions that fail to take into account planning for the community's homelessness needs. Given the City of San Bernardino's growing homeless population and its pressing need for emergency shelter beds, the legislature's intent is squarely on point. Since this issue is both complex and significant, HPC has prepared the enclosed materials so that your consideration of this appeal is fully informed. Please feel free to contact me if you have any questions or concerns. Thank you for your time and consideration. We look forward to discussing these issues with you in more detail at the March 16, 2009 meeting, if not sooner. Sincerely, JDLEY TIN L"P_ By Debra E. Pole Enclosures LA 11490915v.2 HPC HUMAN POTENTIAL CONSULTANTS, LL "Your link to a Better Future" •'�" .i3�;........... '-`kt,.y 500 E.Carson Plaza Dr., Suite 127 IHPC '*ur Carson,Cahtomla 90746 HUMAN POTENTIAL CONSULTANTS LLC F.(310)756.1560 E (3'01 756-1562 fink to a Better Future" www.hpcomploymentorg Human Potential Consultants ("HPC") Will Deliver The Housing & Employment Resources Needed in Your Community The Planning Committee's Error • California law prohibits the City of San Bernardino("the City")from denying HPC's proposed homeless shelter.' • Regardless of the City's erroneous attempts to re-classify the Conditional Use Permit("CUP"), the Housing Accountability Act applies to this case.' • The City may not avail itself of any of the exceptions under the Housing Accountability Act.3 • The law requires the City Council to grant HPC's CUP to operate a homeless shelter without imposing unreasonable conditions and/or restrictions. HPC's Track Record of Success • The cornerstone of HPC's success is its commitment to employment services. HPC provides residential services in order to provide stability for its homeless clients so as to better address their employment needs. • HPC currently operates 6 residential facilities in Los Angeles County. These facilities provide residential and employment services for homeless clients and have become important community fixtures. • HPC fosters partnerships with local law enforcement agencies and community organizations. HPC enjoys strong relationships with police and parole officers who recognize that HPC's presence in their community is of mutual benefit. • HPC's residential and employment services are funded by contracts with a variety of federal, state and local government agencies including: the U.S. Marine Corps, the U.S. Navy, the Department of Social Security, and the Los Angeles County Sherriffs Office. • HPC is grounded within, and hires within, the community that it services. The Proposed Project • HPC has applied for a CUP to convert an existing church building, located at 840 North Sierra Way, into a 36- bed homeless shelter providing housing for adults ages 18-59 years. Residents may stay at the shelter for up to six months.° • Unlike traditional drop-in emergency shelters that are open to the public and merely provide beds, HPC's residential facilities provide referral-based emergency housing, as well as employment services and social programming. All residents are clients of HPC and are provided with an individualized plan for success. • HPC evaluates each client, creates an individualized programming plan, and customizes a structured day-to- day schedule. Every client must participate and comply with his or her personalized program that will consist of job training, life skills training, educational classes, chores, counseling, and case management. • HPC mandates attendance. Residential clients will attend programming during the day, and comply with evening curfews. Their presence will be accounted for 24 hours a day, 7 days a week. • Security at HPC's homeless shelters is paramount. HPC maintains 24-hour security teams comprised of employees trained by the California Department of Corrections. Residential clients are searched when they ' Gov. Code§65589.6 2 Gov.Code§65589.5(d) 3 Gov. Code§65589.5(d)(1-5) 'HPC agreed to reduce the number of residents from 56 to 36 because of the Planning Commission's concerns regarding density. 500 E.Carson Plaza Dr., Suite 127 IHM 'Your Carson,California 90746 N POTENTIAL CONSULTANTS,LLC T.(310) 756.1560 F. (310)756.1582 link to a Better Future" www.hpcemployment.org • leave and re-enter each facility. Moreover, HPC will conduct randomized drug testing and contraband searches to ensure compliance with its Rules& Regulations. • The proposed shelter is an "emergency shelter" as defined by the San Bernardino Municipal Code—residents will have the benefit of the minimal supportive services described above and a resident's stay will be limited to six months.5 The shelter does not meet the definition of a "social services center" and is not properly construed as such.' • The impact to the surrounding community will be minimal. Located within the immediate vicinity of the proposed homeless shelter are: a vacant lot and boarded-up homes and businesses to the south; foreclosed and shuttered homes to the north; Celebration City Lutheran Church to the west; Pioneer Memorial Cemetery, the Home of Eternity Cemetery, and Seccombe Lake Park to the east. The proposed homeless shelter is positioned conveniently near a bus stop on a busy street. • The City has plans to construct a new elementary school near the proposed project. HPC has agreed to mitigate any potential impacts of the facility by relocating the homeless shelter by the time the school opens. Moreover, HPC will convert the building into uses that will be complementary of an elementary school, such as an after-school programming center. The Rising Incidence of Homelessness In the City of San Bernardino • The City of San Bernardino is home to more than 1,915 people living on the street, over 26% of the entire County's homeless population (of 7,300 and growing).' • At any point in time, 8 out of 10 homeless persons in the County are unsheltered.e • Currently, the City only has 197 beds available in existing homeless shelters.' Of these 197 beds, 112 beds are provided by five domestic violence shelters.70 There remains a significant unmet need for shelter beds in the City." • As a result of the current economic and foreclosure;crises, homelessness nationwide is rising steeply. In our Southern California communities, as many as half of those seeking help for homeless assistance are middle- class people experiencing homelessness for the first time.12 • In 2008, Riverside and San Bernardino counties had the third highest foreclosure rate in the country with over 8% of homes affected(one in twelve housing units).13 Over 45,265 foreclosures were filed in San Bernardino county last year, up 680 percent in two years.t° Since the foreclosure crisis began in 2007, there has been a i sharp rise in homelessness as both homeowners and renters are forced out of their homes. I i 'On October 20,2008 Municipal Code Section 19.02.050 was amended to define emergency shelter pursuant to Cal.H&S§50801(e). e Municipal Code Section 19.02.050 defines a social services center as"[a]building or buildings used for recreational,educational,cultural, or religions activities operated by nonprofit groups or agencies that are open to the public.Related uses may include food service,childcare facilities,job training programs,after school programs, medical clinics,and other similar uses or activities.Residential facilities may be established as part of the use.Drug and alcohol recovery facilities(outpatient or residential)may be a component of the social service use"(emphasis added). HPC is a for-profit company. The proposed shelter will not be open to the public. 'See"2007 San Bernardino County Homeless Census and Survey,"Community Action Partnership. °Id. 'The November 5,2008 Findings and Conclusion#1.3 states that there are 256 beds available. However,pursuant to a conversation between Liz Roubidoux and the Salvation Army in October 2008,one shelter has closed,resulting in 68 less beds available. i0 The domestic violence shelters are: Veronica's Home(two locations),Option House,Time for Change Foundation,and New House. " The City has indicated that there are an additional 164 beds under construction,but there is no indication of when these beds will become available. Even with the 164 additional beds,the City is not able to provide sufficient beds for its homeless population. 12"Middle Class Joining Homeless on Skid Row," The Los Angeles Sentinel,Oct.30,2008,available at: http://www.lasentinal.net/Middle-Class- Joining-the-Hom el ess-on-Skid-Row.html t3"Foreclosures Increase Over 80%in 2008,"PR Newswire, Feb.5,2009,available at: http://news.prnewswire.com/DisplayReleaseContent.aspx?ACCT=104&STORY=/www/story/02.05-2009/0004967453&E DATE 1'"Inland Foreclosure Rates Among Worst In U.S.,"The Press-Enterprise,Jan.29,2009,available at: http://www.pe.com/rss/business/stories/PE Biz D foreclosures3O.35f5d78.htmi i 500 E.Carson Plaza Dr.,Suite 127 IHPC 'Your Carson,Caldomia 90746 HUMAN POTENTIAL CONSULTANTS, LLC F (310)756.1560 F.(310)756-1582 link to a Beffer Future' www.hpcomploymeat org T_ he City's Commitment to Addressing Homelessness In Its Own Backyard • One year ago the City Council endorsed the Mayor's proposal to join the San Bernardino County Homeless Partnership. • The County's Homeless Partnership is devoted to providing a system of care that is "inclusive, well planned, coordinated, and evaluated and is accessible to all who are homeless or at-risk of becoming homeless." • The Homeless Partnership is currently working on a 10-Year Plan to End Homelessness in the County. The Plan contains goals to increase permanent, supportive, and emergency housing. The Partnership emphasizes that in order to address the growing population of homeless individuals, cities must make the moral and capital investments necessary to combat the"Not-In-My-Backyard"concerns that inhibit progress. • HPC can help the City effectuate its commitment to both the Partnership and its own citizens through the development of this program-based emergency shelter that will provide homeless individuals with the stability and the tools to reintegrate into their community. Compliance with SB 2 • SB 2, effective January 1, 2008, was enacted by the State Legislature out of a recognition that the growing rate of homelessness statewide could only be cured by requiring communities to address homelessness locally by enabling the development of emergency shelters. SB 2 mandates that local governments may not disapprove shelters on illegitimate or arbitrary grounds. • SB 2 requires local government to facilitate emergency shelter development through 2 independent mechanisms: 1. Housing element law—Now requires local government to identify at least one zone where emergency shelters are allowed as a permitted use without discretionary action (like a conditional use permit). This zone must include enough capacity to accommodate the need for emergency shelter as determined by an annual and seasonal needs analysis.15 2. The Housing Accountability Act("HAA")—Addresses the legislature's concern that "Not-In-My- Backyard" politics will inhibit the development of emergency shelters. This provision now requires local government to make one of five specified written findings in order to deny the permit for an emergency shelter or transitional housing project on the basis of an exception.16 The Planning Commission is not able to demonstrate that any of the exceptions to the HAA apply in this case. • Specifically, the City cannot demonstrate that this shelter would have a "specific, adverse impact upon the public health or safety"and that there is no feasible way to mitigate or avoid this impact.17 In order for this exception to the HAA to apply the City must find that there are"significant, quantifiable, direct and unavoidable impacts" based on objective standards. Merely stating that housing parolees or probationers is a public safety concern does not meet this standard. There is no evidence in the record that the City has found specific public health impacts. It would be both illogical and contrary to the intent of SB 2 for the City to argue that it is not possible to run a shelter housing parolees without significantly endangering public safety. • Because the City has not yet adopted a revised housing element in accordance with SB 2, it cannot avail itself of finding that this shelter is inconsistent with zoning ordinances or General Plan land use designations.18 Cal. Gov't Code§65583. '°Cal. Gov't Code§65589.5. "Cal. Gov't Code§65589.5(b)(2). 18 Cal. Gov't Code 565589.5(bx5). 500 E.Carson Plaza Dr., Suite 127 IHPC *Your Carson,California 80746 HUMAN POTENTIAL CONSULTANTS, LLC T.(310)756.1560 F.(310)756-1562 link to a Better Future" www.hpcomploymennt.org 9 An emergency shelter cannot be denied as inconsistent with the General Plan if the City does not have a housing element that is fully compliant with state law. The Urgency Ordinance adopted by the City on October 20, 2008 is not a proper substitute for a fully revised Housing Element and does not enable the City to make use of the inconsistency exception to the HAA. ➢ Even if the City could properly invoke the HAA inconsistency exception, it would be erroneous to find that the proposed shelter is inconsistent with the current zoning ordinance or General Plan land use designations. The shelter is rightly classified as an emergency shelter, not a social services center. As such, it need not comply with residential density or lot size requirements. Furthermore, the shelter would not alter the character of the existing neighborhood because properties in the immediate vicinity of the shelter are largely non-residential. • The Urgency Ordinance adopted by the City does not relieve the City of its obligation to approve this shelter as required by the HAA. SB 2 amended both housing element law and the HAA. Regardless of whether or not the City has complied with the SB 2 requirements of housing element law, the issue here is the City's failure to comply with the HAA. Because the City does not have a revised housing element, it cannot rely on inconsistency findings to deny HPC's proposed shelter. 500 E.Carson Plaza Dr.,Suite 127 T. Carson, 310 )756'a 90746 1560 HUMAN POTENTIAL CONSULTANTS, LLC F.(310)756-1562 1HPC "Your link to a Better Future" w .hpcemployment.org About HPC Human Potential Consultants (HPC) was founded on the belief that improving individuals with any type of background will help them become productive members of society by identifying skills which would lead to financial and social stability. >„ Established in 1997,HPC began as a unique government resource to provide comprehensive employment solutions for individuals classified as having extraordinary challenges with re-entering the workforce.Services are provided for . federal,state and local county government agencies, ^— nonprofit organizations and corporations seeking worksource solution programs. HPC provides additional supportive resources to unemployed or underemployed individuals facing significant challenges in need of extra assistance with suitable employment. Founders Dr.Garnett Newcombe and Joyce Keener have 50 years of combined experience working with disabled individuals,dislocated workers,youth 17 to 25 years of age,persons with little or no work history and individuals on parole or probation.Their expertise has been documented and tracked in the areas of skills and abilities clarification,program development, research design and service delivery of various programs nationally. Dr.Newcombe and Ms.Keener are active with several community-based social services, educational groups and human relations organizations.They have received numerous awards, certificates of recognition,scholarships and honorary mentions for exemplary leadership from employers,universities,clubs and organizations. HPC is committed to designing and offering clients the most competitive,efficient,and cost effective employment solutions.For additional information,visit www.hpcemployment.org. 500 E.Carson Plaza Dr.,Suite 127 Carson,California 90746 T.(310)756.1560 HUMAN POTENTIAL CONSULTANTS, LLC F.(310)756-1562 JHPC "Your link to a Better Future" www.hpcemployment.org Garnett Newcombe, CEO, Human Potential Consultants, LLC (HPC) In 1997,Dr.Garnett Newcombe established Human Potential Consultants,LLC(HPC) to provide additional employment resources for unemployed or underemployed individuals who faced significant challenges in securing stable employment. Dr.Newcombe has 20 years of experience in community outreach, recruitment and working with individuals classified as having extraordinary challenges with re-entering the workforce such as disabled individuals,dislocated workers,youth 17 to 25 years of age,persons with little or no work history and individuals on parole or probation. Her expertise in project management,program development and service delivery of various programs evolved while teaching at several Southern California Community Colleges and California State University,for more than ten years. Dr.Newcombe is the co-author of Income Rights,Mothers Rights,or Worker's Rights? Collective Action Frames,Organizational Ideologies,and the American Welfare Rights Movement Article published in Contemporary Social Problems,May 2003. She co-authored, Impact of Welfare Reform from Two Perspectives: Welfare Mothers and Professionals; Welfare then and Now;Primary Investigator for Research Project: City of Carson Senior Citizen Needs Assessment. In addition,she has co-authored many of the HPC"s publications with her partner,Joyce Keener,to include Human Potential Consultants'Employability and Work Preparation Workbook;Job Readiness and Self-Marketing Program Workbook;Job Club: Another Source. Dr.Newcombe is involved with several boards including the Southern California Minority Business Development Council,Inc.and the Womens Business Enterprise National Council. Dr.Newcombe was awarded the Count Me In winner in 2006 for Make Mine a Million Dollar Business(www.countmein.org),a non-profit organization which focuses on women business owners succeeding to become millionaires.She is an active Count Me In board member and speaks to women groups across the US.For additional information,visit www.hpcemployment.org. s °� � Oxas � � s ,a < � R F Ry fe _G• G n Q Avg- OG O 2� ('7 V1 2 no_, o oa r^ 2 .D O V tQ tQ 3y fi v rn G ;Z O O ^ < O u x o �8 j d j �'. c 0 0 n Adis oc � � m � m oar C, rnrn3. ffm �� ^ N m" ,mv. vac a N o y z w a w ', o' N n O 0. O n S F ^ N G w O < 7 y R E N O T T R }- O 0. so. 3 t ikli c a o pf � . Z •�� f �' i fi�� �� � �a y s w o r 0 n w m' C. .., 'C ►.y__. . '! m �. n 'Q n 'Q D ID D < w O• n O � On 'F" -. :i 3 y w ,• w O 3 �", Too :r.. OQ A T F C $ On 7 n. O O 19 A O 0. n "� o p- 3 C .7r d n o yc a^ ^ ' P A " d C 4r p y r+ N n O Q Li' C H N D 7 O n T G. n % y £ O D 5' a' w ` 0. e a 0 0 d p 3 91. no q m n F O n o ry C n o "w C C gn rt C�! d n E OQ S n W n O n Oy 7 �'. " 03 rt n P. y rno 7 N C n CC a' w 0 o r a. o. o QQ 'w ° F " ^ 3 G °n' m rt Pa' IQ p rt tlrt O � C ^ 0. n O o b O o ooh° a n w o D Q M _ ° R N 7 (D O ,w� IO W O" P-• N (D O d O (fT r❑ n E y w �' ^ n n O' y CL c El wF cr o. tr 9 H oc- 3 5 'o a' G Ei yy n I.- N �v �•p , r ' - �cl4s • 3\� YYVy w.. AXEJA Air kin C Ll "tHUMAN POTENTIAL CONSULTANTS, LLC "Your link to a Better Future" 1 Human Potential Consultants (HPC) provides diverse workforce solutions for government agencies. Our comprehensive range of services include Government Program Management, Research, Systems and Operations. What makes HPC unique is our Government Program Management combines social . skills improvement with workforce development which a;\ T effectively enhances our successful programs. HPC is proud that our dedicated staff devotes their energies and careers to government service. Our focus on helping government distinguishes HPC from our competition. Our Mission The Human Potential Consultants mission is to provide exceptional government and Fortune 1000 services,research and innovative workforce solutions that meet or exceed expectations. Our Vision A dynamic company providing highly regarded workforce solutions and program management services which customers and employees chose to work. Our Values We believe in nurturing strong relationships with partners.Our flagship leadership is based on integrity,teamwork and effective communication.We strive for excellence in client,employer and employee performance while offering genuine support to our community. Social Skills and Workforce Development HPC uniquely combines social skills emphasis with workforce development to build character and emotionally strengthen individuals.We believe that managing difficult personal issues will improve the way individuals interact with themselves and other people.If you overcome social challenges,it's possible to achieve accomplishments in the workplace. Benefits through Social Skill Developments Social Development(Individual) Workforce Development(Employer) Recognizing that self improvement Developing a stable workforce means means maturity making overall improvements Strengthening interaction helps prepare Improved communication transfers to for betterjob skills better workforce skills Without developing socially,difficult to Identifying what is better for staff interaction accomplish workforce stability at highest level delivers stability As a result of enhancing social development,there is steady improvement with individual responsibilities,self confidence and overall communication which leads to workforce success. This improves productivity,increases job satisfaction and provides stability for all individuals. "'Ne commend HPC on the services R they provide and their commitment d. 'to assisting all populations minte rate, into :pods ." r Dwight Radcliff President and Chief Execrative Officer United States Veterans Initiative I� Company Services Our unique services include a standard pre-employment process to prepare individuals for a successful job search experience.We spend time assessing personal and professional needs to identify strengths and areas of behavioral needs.HPC utilizes computerized testing through Skill Check software to provide an appropriate measurement of matching skill sets with job orders.Background and drug screening tests are completed for all candidates. Support Staffing Employment services are provided for client staffing needs.These areas include but are not limited to the following areas: • Administrative . Clerical • Light Industrial . Warehouse • Information Technology Program Management Our workforce centered programs service federal,state and local government agencies.We provide outsourced employment services,specializing in case management,job retention and follow up for each candidate.Our management team works as mentors to motivate and instill support services to enable success for individuals. We recognize the importance of personal obstacles which can sidetrack any person's goal to become employed, therefore providing career transition services to stabilize individuals while focusing on new careers is our mandate for success. Training Services Staff and management training programs are designed to meet client requirements.Programs are developed covering topics such as workplace ethics,effective communication skills and conflict/resolution. Self-improvement training delivers positive results with topics on anger management,stress management and avoiding sexual harassment.Our seminars are registered with the California Bureau for Private Postsecondary/Vocational Education. HPC is committed to creating the most competitive,efficient,and cost effective employment solutions. For a list of current programs and management projects,visit www.hpcemployment.org. Community Outreach We understand the importance of community partnerships and collaborate with local organizations to improve upon their needs.Whenever new programs begin,we hire within the community.We firmly believe that employment is the cornerstone to success. Government Experience HPC has an extensive background with several government agencies and public sectors.These include but are not limited to the following: Federal Contract Services Marine Corps • Social Security Administration Department of Labor • Defense Contract Management Agency State Contract Services • California Department of Corrections and Rehabilitation • Michigan Department of Labor and Economic Development County/City Contract Services • Los Angeles County Sheriff's Department • Department of Children and Family Services SB A • City of Compton Worksource Center Wmei�wrw G�e,ps General Services HPC provides GSA Federal Supply services throughout the United States.We are a supplier for the following employment categories: ` • Administrative Support and Clerical Opportunities t� • Automatic Data Processing Occupations • General Services and Support • Information and Arts Occupations + • Technical and Professional Occupations �T••" NAILS Codes • 561110-Office Administrative Services • 561990- All Other Business Support Services _.,...� 561210 -Facilities Support Services . 611430- Professional and Management Development • 561310 -Employment Placement Agencies • 624190- Other Individuals and Family Services • 561320-Temporary Help Services • 623990- Other Residential Care Facilities 561439-Other Business Services (including copy shops) Certifications HPC is certified by various government agencies including • Small Business Administration-8(a)Small Disadvantaged Business • County of Los Angeles—MBE/WBE and Local SBE Certification • California Small Business and Department of General Services • National Minority Supplier Development Certification • Supplier Clearinghouse/Public Utilities Commission • General Services Administration • Womerfs Business Enterprise National Council 1HPCHUMAN POTENTIAL CONSULTANTS,LLC "Ybur link to a Better Future" HPC Headquarters Detroit Office 500 E.Carson Plaza Drive,Suite 127 David Scott Building Carson,California 90746 1150 Griswold Street,Suite 2340 T.(310)756.1560 Detroit,Michigan 48226 F(310)756.1562 T.(313)964.4446 F.(313)964.4401 htto://www.hocemolovment.ora 500 E.Carson Plaza Dr.,Suite 127 IHPC "Your Carson,California 90746 HUMAN POTENTIAL CONSULTANTS, LLC T.(310)756.1560 F.(310)756-1562 link to a Better Future" www.hpcemployment.org Human Potential Consultants featured in Los Angeles Wave The Los Angeles Wave is a newspaper covering the central Los Angeles region which interviewed Human Potential Consultants for successful business services within the community. The article focuses on Human Potential Consultants(HPC),a private employment agency that provides worksource solutions for local government agencies,founded by Garnett Newcombe and her sister,Joyce Keener. The company works with individuals Los Angeles classified as having extraordinary challenges in re-entering the workforce.That could include people with disabilities,laid-off W� s -IAYL , Faj workers,applicants with little or no work history and those on probation. One of the company milestones was Seeing the earnin g an$810,000 contract from the i potential ` " state to manage the Police and Corrections Employment agency ' Teams project known as PACT. with two South Bay �"^ PACT identifies,monitors and provides offices specializes in es i �f helping pBe circumstance- viable resources for ex-offenders entering challenged The imptopnent agency owned%Garnett Newcombe rplcwreol job-seekers reenter the and her sister recently received an$810,000 state grant. the community to assist in reducing workforce. 44. who w.,rand ells the Iy w,lh rhem.gm,hem m folk California's recidivism rates. J:moay iinhmotu Ihm ve eon. Idlo. then.kills and hay inm ........................_.. ............_ "hied m be a grin of final who they nWly arc:' e\OLU.\LF.NU0.0 n troth, Is shining b,ighny in She aJJed:"They reuuy he.x Newcombe said one of the company's sanry wgm:e itq,. m .ell lhemsehcs more than CARSON - Enr pcarp11 Earlier this year the mmhmny anyMOy claw e'ho might he .eeking.,ccond ehanee,n life. w:.. winded on Sgnl.eno eon. Wong...thr,b,nurk�- advantages is that they are able to provide Gamin NewcomhecuNd bribe n.mta from the sure in man- Contend,Newcombe is tA-I ,icket b,o hnm,^nm,rrow. .gc tie Police and correction. ing hereon oJV,ce m bean.Just direct work placement with a variety of Newcombe :md her sister. Teams tiMcct.Kneen as PACT. la,t wok he was in New York Joyce Keener. own and run n,dentil-us.monn,mand works a, pm of the Nov...I Slake businesses on a long-term contract basis. Human Pm illul t'a.n.uls,ms. closely with Pmridin1 ,.be Mine.Million Dumne,,korad, . p,ivme employerM acvnry raanrea for r.-oflinduncner- which Newmmhr hewn In San She added that man of the firms clients in the,provides w.rkwur,c Ater- ing the commnmty 1.a ud in Fnnc,s.a in June. Y ..mi.es for local govam,mam nxfucing CA,finria's reeidivl in W,ented by the Co., Me ,eni a. rare.. I warehousing,restaurants,customer services Me e.mpan, w,,,k, wnh -The PACT ,:nntnaa w.. m ,e womeni Annoneo. individuals tmw,fd a. hsv- f.nuuic new, for our growth InJepend Ilse and :\medeun ing extuwnlinary d Wicng.s pommel:' Newcombe ,aid I`aPrcs. ,he inmatice is Jedi- and retail prefer to remain under the radar. wnh re-entering the work(one. "The dial giro n.an orwrl ry card b,a .,trrp the 97 N.., Tim evuld mehulc le with nny m dem6norrae our. of women emrepnmuuhs wnh ream frnnal- i,nuwsaa game.nng lem then "Our firs[big ontract out here was with disabitn.•.a. In laawd work... .Ib kill,.mJ ehr.gidul by pine )I mdlmn in annul revenues. City hwho,, uni nh li o. or lurk .Wing to ,l,J of Iln, s the Thu award provides mentor the City of Compton,"she said."We were bisury anJ thox an parole nr dunce w,cnrh oe ar pmjttn. , pnrM1:nloa In"ci aWVamie an inugml on mg,mnner.lnarkcting and,eeh I It npmnz in onnmuninc III, )f,b,I+AIT',.aeens.n o wn- rill ogy......unce,Al aimed In able to lace nearly 300 out of 500 clients. aliscne a.to \n,e:npc Wgey, .bill m t.i....a. .nbram coning a eommwi,y of one P E.1 bionic, Inglewo.el. m,d- anumy- ^hdhnn wn ne^..„fora hosr- Essentially,these are people who have fallen bun I w:N.gelc,.non e,es n$l Ilion or none in O gee sett N....n, a .oiJ am of,hc /' E.11ey. ,.Silo. 4., Dabnel rho, dh y'. big lJ I. Vga-a re 'tonal rc.enue thbe\'a8ey, S,mu :\m mJ Fnxth ho, ,I.y ;ne able w pe,rnk rn,..d,ng,n m,•rrogram..... through the cracks.We work very closely L.4. .... work pbaemrnl wnh a .'Iron eaalJ help Wed on w Ibwr Nr.ec.n„ne and Klcncr.a l,he wrin'o,f ba,ma•,.er en a dried ,he I n.h,and real ndl,nn with them,get them to talk about their mer ,.w;al loiter. hanud,he unn am,roet h:rwa. Foe:.bled he l.F.conunny. cnmP.my In IJrtrwlr. In IY” that mony wf tic lbre v cL•enta, 4ew.un,ba wwmded 0,1,d.;, skills and buy into who they really are:' New. n,bc Later ml-lcned m ach.w.inp.m,auunl,.run- cd'd'honlu maec nob k'd.Anin,hcorne,mad no Inmm.rrvic.•,ed nail.prefer 1;•r;n murk %,it hit the eol,rm pros ear nl' arcmJngy al Col to remain unlenF.e filar. b,mkcm\Lrmh' For additional information,visit tiu,e Dunurte"',Ili;!, "uer lint hip mm�x,.wt hire ”It I'.11 be wunJer!LI O, Keener 1,11 .,era, ..w ..i ,A ,,In Ih,lnv oft'nmplvr' ,I•.a 1,,ure.lh^C.nne 1.1, WWW.hpeemploymeRC.00g. Uedoi,,whdc\ew...,rbe hc.Ja Ju,aOJ."1l'e nee ahk,^pkme a:,J:bnenran l. ,n..\:,.v rp 1n, ,ii t-.r,m 111.0. lu.rly I(Y)nut of 4141 ehem. ;rGl Pmeum;', .end \Ic yuanan, are fha ,,u;m an oniw I'.,cmiuliy. i.e People red,s e,icon m!i,c:eur..uwl in Jnglewt oi.e.ahu have f lien lhmugh the' �usl'wa ,uccessral. :xtth\ A Vlreiniu na,iu.\cwv.,mbr, sroel,, we work Illy J..,.•- nnl:ony" 500 E.Carson Plaza Dr., Suite 127 Carson.California 90746 T.(310) 756.1560 HUMAN POTENTIAL CONSULTANTS, LLC F.1310)756.1562 jHPC 'Ybur link to a Better Future' www.hpceM1oym0M or9 PL eSS Re tt Ic15e FOR IMMEDIATE RELEASE: September 3, 2008 PR Contact: Suzanne Lawrence, (562)439-4804 slawrence(&,advisorbusinessolutions.com CBC PROGRAM LINKS PAROLEES TO A BETTER FUTURE Since its inception, numerous men and women parolees have entered the Community Based Coalition (CBC) programs. Residents receive case management services, which includes substance abuse prevention workshops, anger management, life skills and pre-employment to help prepare them for stable employment. Successful participants transitioning back into the community. This reunification with their family and children severely reduces the chances of recidivism. To illustrate, former participant Leroy Johnson spent close to 13 years in the State penitentiary, since the young age of 17. Through HPC's rigorous employment training initiatives, within five-months, Mr. Johnson received employment at a local oil refinery. Today, he cams nearly $1,500 per week. Mr. Johnson was able to secure his own apartment and is committed to enrolling into a local community college. A talented tradesman, former participant Patrick Alvarez, successfully completed the program. Shortly after exiting the program, Mr. Alvarez secured a new career with a movie production company; he cams $25.00 per hour. Mr. Alvarez stated, "I am grateful to the staff for the services provided, which gave me the confidence to know that I can accomplish my goals. Inspired and encouraged by HPC staff, former participant Valery Green, decided before transitioning from the program that she would enroll in a local community college and study substance abuse. She has aspirations to become a drug and alcohol counselor. Today, Ms. Green lives in her own apartment with her two daughters, who she continues to visit every weekend while completing the program. About HPC Established in 1997, Human Potential Consultants LLC (HPC) provides government worksource programs and employment solutions for individuals classified as having extra- ordinary challenges with re-entering the workforce. HPC is committed to designing and offering clients the most competitive, efficient, and cost effective employment solutions. For additional information, visit www.hpcemployinent.org. — END - 500 E. Carson Plaza Dr., Sw1e 127 Carson.California 80746 T, (310) 756.1560 HUMAN POTENTIAL CONSULTANTS,LLC F. (310)756-1562 JHPC *Ybur link to a Better Future' www.hpcompBormrd.org rd.org Human Potential Consultants' Community Benefits Human Potential Consultants (HPC) works hard to provide comprehensive services to communities throughout the country. Cities and counties experience an improved quality of life with a more stable, working population, availability of social programming and economic improvement by leveraging a private resource for public use. HPC improves the economic base Our focus on helping individuals seeking employment by identifying their skill sets, personal challenges and social background by tailoring a pre-employment preparation process that improves confidence before directing individuals to employers that may seeking additional staff. This approach leads improvement in the stabilization of employment, which simultaneously improves the local economy. HPC provides a unique workforce development approach and is not a typical job resource Our process combines social issues, work skills to assist with identifying areas of further development, and encouragement for interacting more effectively with others. When assessing individuals, we are often helping with rebuilding their lives, which includes addressing social barriers to help them overcome employment challenges. HPC is experienced with working and placing individuals who are typically difficult to place. Our company has over 50 years experience working with disabled individuals including those with substance abuse, mental health and challenging backgrounds. We have over 40% of our client base that are either currently working fulltime or part time while going back to school to further their education and credentials. HPC has gained recognition from various government agencies as a leader in our workforce development solutions. We have more time to work with individuals and have become a reliable outsourced agency provider for the past decade. For additional information, please contact Deidre Norville, Chief Operations Officer at 310-756-1590 or dnorvillefa7hocemploVment.org. 500 E. Gerson Plaza Dr., Suite 127 Carson.Cahtwnm 90726 T 1310)758.1560 HUMAN POTENTIAL CONSULTANTS, LLC F. (310)756-1562 IHPC, -Your fink to a Better Future" www.npcempioym t.org COMMUNITY PROGRAMS SUMMARY Community Based Coalition Project(CBC) (7) Seven Residential Facilities Los Angeles County Locations The project links individuals to Housing,Case Management, and other resources to assist with reintegration into the community, and in effort to assist in creating sustainability. Joint partnership with community based organizations such as US Vets,Dare U to Care, Bridgeback II and others. Program participation is voluntary and designed for individuals that resided or plan to reside in the Service Planning Area(SPA) 6 Area: Adams,Carson,Compton,Crenshaw, Dominguez, Exposition Park,Gardena, Leimert Park, Los Angeles, Lynwood,Paramount,Rosewood/Watts. Day Reporting Center Program (DRC) (2) Two Offices and(5) Five Residential Facilities Los Angeles and Riverside County Locations The program offers an array of specialized services and referrals to assist participants in their quest to successfully integrate back into society.Services include case management,resources, and community service. Program Eligibility and Admission Requirements: • Homeless or in"at risk" environment; • Willing to participate in all program aspects; • Physically and mentally,ready and willing to work; • Physically/mentally able to care for themselves;and • No history of extreme violence;penal code (PC) 290 and/or arson Cases Program Activities and Workshops: • Daily Check In via Electronic Touch Station • Referrals to Other needed Services • On-Site Urinalysis Testing f/alcohol& drugs • Develop and Monitor Individual Case Plan • In-depth needs& risk assessments • Anger Management • Substance abuse education& Referrals f/treatment • Domestic Violence • Cognitive &life skills • Budgeting&Money • Employment Readiness&Job Placement • Discharge& Aftercare Planning • Parenting Education • Community Service Program Activities • Educational services/GED preparation • Transportation Services are providedl Employment Readiness Training and Job Placement • Personal Assessment&Skills Review • Direct Job Coordination& Placement • Customized employment workshops • Referrals for post-secondary,vocational • Soft skills, social skills development, and certificate programs pre-employment preparation • Post employment follow-up and • Job search techniques,career exploration supportive mentoring & coordination HPC believes that gainful employment increases a person's sense of self-worth and self-reliance, while also increasing the stabilization of their environment. ;AEI 1 i� Hr%^ HUMAN POTENTIAL CONSULTANTS, LLC rko "Your link to a Better Future" HPC Headquarters 500 E. Carson Plaza Drive, Suite 127 Carson, California 90746 T. (310) 756.1560 F. (310) 7561562 Detroit Office David Scott Building 1150 Griswold Street, Suite 2340 Detroit, Michigan 48226 T. (313) 964.4446 F. (313) 964.4401 http://www.hpcemploymeiit.org Received: Mar 13 2009 05:35pm 03/13/2009 17:22 9098897312 OPTION HOUSE PAGE 02 Option House, Inc. Intervention and Prevention Services Agency 813 North "D"Street,Ste.3, San Bernardino, CA 92401 March 12, 2009 MAKLING ADDRESS Mayor Patrick Morris P011=970 San Bernardino City Council Son Bernardino, C.A 300 N. D St. 92401-0970 Phone (909)383.1602 San Bernardino,CA 92418 Fax: (909)889-7312 RE: Conditional Use Permit 08-21 for 840 N. Sierra Way I Hearing date March 16, 2009 ROA.RD OF DIRECTORS Dear Honorable Mayor Morris and Members of the City Council: Rucyling Chuang I am writing this letter to you because I am unable to attend this hearing. It is Kathryn Ervin unfortunate that it is taking place while I'm away in Sacramento. However, 1 must take this opportunity to speak to our State legislators in hopes of securing Sarah Harrison additional funding for victims/Survivors of domestic violence. As you may be Veatriee Jews aware, Option House, Inc. is a non-profit organization that was established to provide services to female victims of domestic violence and their children. It is William bong my duty as Executive Director to take whatever steps necessary to secure funding Paula McLemore for services as well as ensure our clients safety and that our collective voice is being heard. Proti'ma Pandey Robert Saela 'thirty-two years ago, in 1977, it was through legislation that opened the doors of Option House, Inc. by providing much needed fimding for victims services. Mary rexelra Prey services were developed through criteria established in the original Amber Vander Heul Presley legislation to provide basic services to victims of domestic violence and their children, This includes, but is not limited to: 24 hour shelter, 24 crisis hotline, temporary housing and food, psychological support and peer counseling, Executive]Director children services,emergency transportation,resources and referrals_ Vclda Griffin In June 1983, Option House moved to its current site, a 5,000 square foot building located in San Bernardino. It was the first building built specifically to house Nun-Pmft 50(c)(3) - battered women and their children in the state, the second in the nation. Twenty- Tax sxmpt 4 six ears later, this facility continues to provide much needed services to the 95-3760212 y ty p An POR-60M eye Tax citizens of the City of San Bernardino and the surrounding communities. Doducuble As I stated at the first hearing, the proposed location for this facility is in close proximity to our primary shelter facility. This would put our women and children v"K°,on aw""h at- at risk It is our practice to relocate any victim who lives within a 5 mile radius of www.oynonhouse.org the shelter facility. This is called a safety transfer and it is to ensure that our clients will not"run in to"their abusers. The new problem that this facility would cause is that there is no way for us to know if R perpetrator is been housed there. This agency cannot afford to take a chance with our client's safety. I am well aware of the need for the proposed facility. Qy Together, We Are Making A Difference Scrviog.Banered Wcmen and Children Since 1977 Z all 6�6 9' li4 cc- Received_ Mar 13 2009 05:36am 03/13/2009 17: 22 9098897312 OPTION HOUSE PAGE 03 However, it should not be at the price of jeopardizing the safety of the women and children who come to Option House, Inc. socking a safe haven. Where will they go? Option House, Inc. is the only domestic violence shelter located in the central valley region of San Bernardino County. The other shelters would require the victims to travel to another county, Los Angeles or Riverside, high desert, low desert or the mountains. This could cause additional emotional trauma to the victim as well as additional expenses to our sister shelters. Furthermore, Option House owns this property. We are well established in this community and have been for 26 years. As a non-profit, our source of income is through grants and private donations. The nation's current economic status has affected both income sources. Therefore, there are no funds available in our budget for a costly move. The City of San Bernardino and Option House, Inc. has worked together for years to assist victims of domestic violence. Together, we have aided thousands of women and children over the years that were in search of a violence free home. Help our clients to have the same freedom that we all enjoy. Freedom to walk and live without the fear of violence. Additionally,this is residential community and therefore it is no place for the proposed facility. In closing, on behalf of the women and children we serve, I urge to deny this permit IiespgctfuUy Submitted, Velda Griffin Executive Director Option House, Inc. Entered Into ROC, at MCC/CDC Mtg: 316P/0 9 by: Agenda Item No: z Ti bV: (��' 0- ' �� "if{Clerk DC Secretary �ity of San Bernardino Received: Mar 12 2009 11:35am f 03/12/ 009 10: 26 . 9513682550 ICLS RIVERSIDE PAGE 02/04 Option House Inc. 2o Rny ECENED_C1TY MAR 12 p c«l`x Intervention and Prevention Services Agency M :So 813 North "A"Street, Ste. 3, San Bernardino, CA 92401 MAILING ADDRESS VIA FAX ONLY March 1-_ — PO Box 970 San Bernardino, CA Mayor Patrick Morris 9240e-0970 Members of the City Phone: P09)383-1602 COUnci] Fox: (909)889-7312 City of San Bernardino 300 N. "D" Street San Bernardino, CA 92418 BOARD Or Re: APPEAL OF CONDITIONAL USE PERMIT NO.08-21 FOR 840 N. SIERRA WAY, DIRECTORS SAN BERNARDINO;HEARING DATE-: 3/16/2009 Diane Anderson Honorable Mayor Morris and Respected Members of the City Council, Rueylirsg Chuang I am writing to request a continuance of the hearing on the above-mentioned appeal so that Karhryn Ervin the voices of opposition from Option House are heard by the council. The Executive Sarah Harrison Director of Option House, Velda Griffin and me,the Vice-President of the Board of Directors at Option House, are scheduled to meet with Assemblywoman Carter and Veavice Jews Senator McLeod in Sacramento on 3/16/09 to talk about budget cuts affecting victims of William Long domestic violence in San Bernardino, Paula McLemore California Partnership to End Domestic Violence(CPEDV)arranges these meetings once a year for shelters to connect directly with elected representatives and this year the meetings .Nary Parks are going to focus on the need in Sacramento to keep local citizens in mind when making tough decisions on allocating funds and cutting back fiords. This is the only chance Option Profinur Pnndey House has to be heard in Sacramento and to garner support for the work we do to end �Rober!Saen violence in our community and make San Bernardino a safe place for families. I I41ary Texerra Unfortunately,March 16`h 2009 is also the day when the city council for San Bernardino will hear the appeal on denial of conditional use permit No. 08-21 and I strongly 4mber t%antler Heul recommend denial of the permit for the facility. While we at Option House support the work that the facility proposes to do,we Executive Director strongly feel that the proposed location is unsuitable for this type of facility-fn eldo Giffin particular,this facility is going to be precariously close to a shelter for domestic violence victims and their families that has provided a safe-haven for fleeing violence in the home for almost thirty(30) years in the city of San Bernardino. on-Proft50l(c)(3) Ta�95 Exero 12 The shelter is Operated b Option House and is the only shelter of its kind in a 40-mile 95.3760212 h }' p A Donations:ao Tax radius of the city of San Bernardino.As a result of operating this shelter,Option Deducthle House has been able to serve as a secure,safe and reliable resource for those survivors and families of domestic violence who want to end the cycle of abuse and begin a new life here in the city of San Bernardino. Fair us on the web au +ww.oprionl,aus'e.oq¢ v Together, We Are Making A Difference '4Seildark" u.,;cca y..ay Serving Battered 'Women and Children Since 1977 -*2f 3,�/ts�o9 Received: Mar 12 2009 11:36am 03/12/2009 10: 26 9513682550 ICLS RIVERSIDE PAGE 03/04 Option House, Inc. Intervention and Prevention Services A;ency 813 North "D"Street,Ste. 3, San Bernardino, CA 92401 MAILING ADDRESS Page 2 PO Box 970 San Bernardino, CA To place a facility housing parolees, some of whom may be perpetrators of domestic 92402-0970 Y P Phone; (909)383-1602 violence on parole from the sentence for abusing their families, will directly threaten the Fax: (909)889-7372 safety of the very victims who fled the crimes committed by potential residents of the proposed facility_I would like to voice in particular my ooDcerns for the following: A) Vastly increase the chances of jeopardizing safety of our residents and their BOARD OF children; DIRECTORS B)The lack of any other similar facility for domestic violence victims in the city of Diane Anderson San Bernardino leaving victims with choosing to stay in a violent home or leave to go Rueyling Chuang far from their children's school,their support system,their jurisdiction for family law cases,etc.; Kathn+n Ervin Sarah Harrison C)The potential chilling effect on future victims and families who want to flee violence but are afraid that they might encounter the very abuser they fled from if Vearrice Jews they move to our shelter and know that the proposed facility is operating nearby; wlltiam long D)The increase in crime statistics in the city of San Bernardino resulting from fewer Paola tkcLemore families using our facility and services due to its safety concerns; Mary Parks E)The message that the city council will send out if the permit is granted-Fleeing from Family Violence is not as important as rehabilitating the lives of perpetrators of Protima Pandey family violence. Robert Saem I have a more exhaustive list of concerns that I will be able to voice if permitted to have a Mary T'exeiro hearing. As a practicing attorney representing low income victims of domestic violence, it is my experience and opinion that fleeing family violence, seeking assistance to break the yamber Vander Fleul cycle of abuse and approaching agencies like Option House for help are not easy choices for victims to make. If we want to make the city of San Bernardino a place where families know their safety and security are priorities to the governing members of the 'xecutive Director city and to the elected representatives of the city, the council must deny the grant of '1da the permit for reasons that the location of the facility will chill a 30.year effort at ending violence in our community. oo-Profic 501.(C)(3) While for-profit agencies, like the one seeking the permit, have the option to seek another Tcoc376021 a location within the city ore suitable for the proposed facility,Option House cannot go 95-3760212 tY II Donations arc Tea anywhere.If the permit were to be granted at the location above,our residents'safety will Deducible be jeopardized and they will return or remain in the very environment that potential residents of the proposed facility committed the crimes that they are on parole for. 1('rsit w on M4 web ar, u�wrv.oprionlraure,org ON� Together, We Are Making A Difference unlerd Vv:y Serving Bartered Women and Children Since 1977 Received: Mar 12 2009 11:36am t 03/12/2009 10: 26 9513662550 ICLS RIVERSIDE PAGE 04/04 Option Mouse, Inc. Intervention and Prevention Services Agency 813 North eD"Street Ste. 3, San Bernardino, CA 92401 MAILING ADDRESS Page 3 PO Box 970 San Bernardino, CA For these and related reasons that can be better voiced at a bearing,I strongly urge the 92401-0970 council to vote against pp Phone:(909)383-7607 Sa st granting the conditional use permit and deny the appeal in the Fax: (909)889-7312 interest of continuing to work towards providing safe havens for families fleeing domestic violence. This will not only send the right message to the residents of our historic city but will BOARD OF also let the community know that we are still a city where families come first DIRECTORS Diane Anderson if the council allows a continuance of the hearing on 3/16/09,Velda Griffin and me will be present before the council at its ne,,ct meeting on 4/6/09 and testify to these and other Rueviing Charing questions that the council may have while determining the outcome of the appeal. Kathrvn Elvin 'Thank you for putting families fast in the city of San Bernardino. We hope for a favorable Sarah Harrison outcome to the appeal-a denial_ I'mirice✓ews Respectfully, William Lome Paula McLemore IPr a Pandey Mary Parks Attorney At Law Vice-President, otv"aPandey Board of Directors, oberr Saenz Option House Inc. ary Texeira Imber Vander 11cul ,xecutive Director 1 elda Grin N n-profit 501(C)(3) Tax Excmpt M 95-3760112 A I Donations arc Tax Deducublc V vil us on zbe xeh a1: + VW.opdonhouce.org 0%� Together, We Are Making A Difference un,eee.xyy Serving Battered Women and Children Since 1977 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, Loma Linda, etc. A basic estimate for those homeless parolees residing within the city limits of San Bernardino resulted in a range of approximately 250 or more. I have met with representatives of the applicant, Human Potential Consultants, as well as attended public meetings before the Planning 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 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: PROGRESSIVE QUALITY POLICE SERVICE; 2 A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE; �/6 A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING 44/Q c 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 of 26 calls for service since January 1, 2008 (22 in 2008, 4 in 2009 through 3/31/09). A second housing facility, located at 1511 Gramercy Place in Los Angeles, LAPD detectives responded for seven investigations at the facility including batteries (PC 242), conspiracies (PC 182), a death investigation, and a homicide (PC 187). Comparing this to the proposed site, in the same time frame, there were a total of 12 calls for service in the entire block. Two were for 840 Sierra Way and were for burglary alarm and a subject disturbing the peace. The other calls in the neighborhood were for non-violent calls such as burglary reports or unknown/suspicious circumstances. Were there to be a comparable increase in calls for service to that experienced by the LAPD at Bridgeback I1, 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. OFFICE OF THE CITY CLERK RAcHEL G.CLARK-Crry CumK 300 North`D"Street•San Bernardino•CA 92418-0001 909384.5002•Fax: 909.384.5158 www.sbcity.org San Bernardino September 22, 2009 Dr. Garnett Newcombe, CEO Human Potential Consultants, LLC 500 E. Carson Plaza Drive, Suite 127 Carson, CA 90746 Dear Dr. Newcombe: At the meeting of the Mayor and Common Council held on September 21, 2009, the following action was taken relative to an 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 facilities and office space located at 840 N. Sierra Way in the RM, Residential Medium, land use district: That the matter be continued to October 5, 2009. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, Rachel G. Clark City Clerk RGC:Ils pc: Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALUES:Integrity•Accountability•Respect for Human Dignity•Honesty OFFICE OF THE CITY CLERK 7sal RAcHEL G.CLARK-Crn CLERK 300 North"D"Street•San Bernardino•CA 92418-0001 909384.5002•Fax: 909.384.5158 ino www.sbcity.org SM August 19, 2009 Dr. Garnett Newcombe, CEO Human Potential Consultants, LLC 500 E. Carson Plaza Drive, Suite 127 Carson, CA 90746 Dear Dr. Newcombe: At the meeting of the Mayor and Common Council held on August 17, 2009, the following action was taken relative to an 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 facilities and office space located at 840 N. Sierra Way in the RM, Residential Medium, land use district: That the matter be continued to September 21, 2009. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, Rachel G. Clark City Clerk RGC:Ils pc: Development Services CITY OF SAN BERNARDINO ADOPT®SHARED VALUES:Integrity•Accountability •Respect for Human Dignity•Honesty OFFICE OF THE CITY CLERK RActiEL G.CLARK•CITY Cisom 300 North"D"Street•San Bernardino•CA 92418-0001 909384.5002•Fax: 909.384.5158 www.sbcity.org phruar li'vo sM August 4, 2009 Dr. Garnett Newcombe, CEO Human Potential Consultants, LLC 500 E. Carson Plaza Drive, Suite 127 Carson, CA 90746 Dear Dr. Newcombe: At the meeting of the Mayor and Common Council held on August 3, 2009, the following action was taken relative to an 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 facilities and office space located at 840 N. Sierra Way in the RM, Residential Medium, land use district: That the matter be continued to August 17, 2009. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, nn ` �. � , ct.Ah/� Rachel G. Clark City Clerk RGC:IIs pc: Development Services CITY OF SAN HERNARDINO ADOPTED SHARED VALUES: Integrity•Accountability•Respect for Human Dignity•Honesty OFFICE OF THE CITY CLERK RAcnEL G.CLARx-Crrr CLexK 300 North"D"Street•San Bernardino•CA 92418-0001 909.384.5002•Fax: 909.384.5158 www.sbcity.org San Bernar ono July 21, 2009 Dr. Garnett Newcombe, CEO Human Potential Consultants, LLC 500 E. Carson Plaza Drive, Suite 127 Carson, CA 90746 Dear Dr. Newcombe: At the meeting of the Mayor and Common Council held on July 20, 2009, the following action was taken relative to an 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 facilities and office space located at 840 N. Sierra Way in the RM, Residential Medium, land use district: That the matter be continued to August 3, 2009. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, Rachel G. Clark City Clerk RGC:Ils pc: Development Services q CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity•Accountability•Respect for Human Dignity•Honesty OFFICE OF THE CITY CLERK RACHEL G.CLARx-CrrY CLem 300 North"D"Street•San Bernardino•CA 92418-0001 a4 909.384.5002•Fax: 909.384.5158 www.sbcity.org San Bernar ono SM July 9, 2009 Dr. Garnett Newcombe, CEO Human Potential Consultants, LLC 500 E. Carson Plaza Drive, Suite 127 Carson, CA 90746 Dear Dr. Newcombe: At the meeting of the Mayor and Common Council held on July 6, 2009, the following action was taken relative to an 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 facilities and office space located at 840 N. Sierra Way in the RM, Residential Medium, land use district: That the matter be continued to July 20, 2009. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, Rachel G. Clark City Clerk RGC:Ils pc: Development Services 7/x/09 CITY OF SAN BERNARDINO ADOFTED SHARED VALUES:Integrity•Accountability•Respect for Human Dignity•Honesty OFFICE OF THE CITY CLERK RACHEL G.CLARK•CITY CLERK 300 North°D"Street•San Bernardino•CA 92418-0001 909.384.5002•Fax: 909.384.5158 www.sbcity.org Bernar ino ww.sbcity.org sM June 16, 2009 Dr. Garnett Newcombe, CEO Human Potential Consultants, LLC 500 E. Carson Plaza Drive, Suite 127 Carson, CA 90746 Dear Dr. Newcombe: At the meeting of the Mayor and Common Council held on June 15, 2009, the following action was taken relative to an 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 facilities and office space located at 840 N. Sierra Way in the RM, Residential Medium, land use district: That the matter be continued to July 6, 2009. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, C � /�. ct4l�k Rachel G. Clark City Clerk RGC:Ils pc: Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity•Accountability•Respect for Humz OFFICE OF THE CITY CLERK .- ,!`•h RAcnEL G.CLARK-CrrV CLERK 300 North°D"Street•San Bernardino•CA 92418-0001 909.384.5002•Fax: 909.384.5158 www.sbcity.org San Bernar Ino June 3, 2009 Dr. Garnett Newcombe, CEO Human Potential Consultants, LLC 500 E. Carson Plaza Drive, Suite 127 Carson, CA 90746 Dear Dr. Newcombe: At the meeting of the Mayor and Common Council held on June 1, 2009, the following action was taken relative to an 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 facilities and office space located at 840 N. Sierra Way in the RM, Residential Medium, land use district: That the matter be continued to June 15, 2009. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, Rachel G. Clark City Clerk RGC:Ils pc: Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity•Accountability•Respect for Human Dignity•Honesty San Bernar IN May 20, 2009 Dr. Garnett Newcombe, CEO Human Potential Consultants, LLC 500 E. Carson Plaza Drive, Suite 127 Carson, CA 90746 Dear Dr. Newcombe: At the meeting of the Mayor and Common Council held on May 18, 2009, the following action was taken relative to an 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 facilities and office space located at 840 N. Sierra Way in the RM, Residential Medium, land use district: That the matter be continued to June 1, 2009. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, ncc � "Av. U A k Rachel G. Clark City Clerk RGC:Ils pc: Development Services OFFICE OF THE CITY CLERK RACHEL G.CLARK-Crry CLERK i 300 North°D"Street• San Bernardino•CA 92418-0001 909.384.5002•Fax: 909.384.5158 • www.sbcity.org San Bernar60 April 21, 2009 Dr. Garnett Newcombe, CEO Human Potential Consultants, LLC 500 E. Carson Plaza Drive, Suite 127 Carson, CA 90746 Dear Dr. Newcombe: At the meeting of the Mayor and Common Council held on April 20, 2009, the following action was taken relative to an 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 facilities and office space located at 840 N. Sierra Way in the RM, Residential Medium, land use district: That the matter be continued to May 18, 2009. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, Rachel G. Clark City Clerk RGC:IIs pc: Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALUES:Integrity•Accountability•Respect for Human Dignity•Honesty rf� OFFICE OF THE CITY CLERK RACHEL G. CLARK-CITV CLERK 300 North"D"Street•San Bernardino•CA 92418-0001 909.384.5002•Fax: 909.384.5158 www.sbeity.org San Bernar ino April 7, 2009 Dr. Garnett Newcombe, CEO Human Potential Consultants, LLC 500 E. Carson Plaza Drive, Suite 127 Carson, CA 90746 Dear Dr. Newcombe: At the meeting of the Mayor and Common Council held on April 6, 2009, the following action was taken relative to an 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 facilities and office space located at 840 N. Sierra Way in the RM, Residential Medium, land use district: That the hearing be closed; that staff be directed to meet with HPC to research finding another location; and that staff work with the City Attorney's office and come back to the meeting of April 20, 2009, with conditions to substantially mitigate issues the Council is concerned about, at which time the Council will make a decision on whether or not they can grant the appeal. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, � Rachel G. Clark City Clerk RGC:Ils pc: Development Services f� CITY OF SAN BERNARDINO ADOPTED SHARED VALVES: Integrity•Accountability•Respect for Human utgntty•Honesty ., _._ OFFICE OF THE CITY CLERK RAcnEL G.CLARK-Crrr CLERK 300 North "D"Street•San Bernardino•CA 92418-0001 909.384.5002•Fax: 909.384.5158 R www.sbcity.org San Bernar ino March 17, 2009 Dr. Garnett Newcombe, CEO Human Potential Consultants, LLC 500 E. Carson Plaza Drive, Suite 127 Carson, CA 90746 Dear Dr. Newcombe: At the meeting of the Mayor and Common Council held on March 16, 2009, the following action was taken relative to an 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 facilities and office space located at 840 N. Sierra Way in the RM, Residential Medium, land use district: That the matter be continued to the Council meeting of April 6, 2009, at 4:30 p.m. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, /�. Rachel G. Clark City Clerk RGC:Ils pc: Development Services Faith Temple AP Ministries, 840 N. Sierra Way, San Bernard CITY OF SAN BERNARDINO ADOPTED SHARED VALUES:Integrity•Accountability•Respect for Human Dignity•Honesty ;Safl OFFICE OF THE CITY CLERK RAcHEL G.CLARK-CITY CLERK 300 North°D"Street•San Bernardino•CA 92418-0001 909.384.5002•Fax: 909.384.5158 www.sbcity.org Bernar ino March 17, 2009 Dr. Garnett Newcombe, CEO Human Potential Consultants, LLC 500 E. Carson Plaza Drive, Suite 127 Carson, CA 90746 Dear Dr. Newcombe: At the meeting of the Mayor and Common Council held on March 16, 2009, the following action was taken relative to an 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 facilities and office space located at 840 N. Sierra Way in the RM, Residential Medium, land use district: That the matter be continued to the Council meeting of April 6, 2009, at 4:30 p.m. If we can be of further assistance, please do not hesitate to contact the City Clerk's office. Sincerely, Ii �. Rachel G. Clark City Clerk RGC:Ils pc: Development Services Faith Temple AP Ministries, 840 N. Sierra Way, San Bernardino, CA 92401 Crry OF SAN BERNARDINO ADOPTED SHARED VALUES:Integrity•Accountability•Respect for Human Dignity•Honesty C48 / \ j Q § k ƒ | 77 K % z2q & \ } \ * 23 ! jkk \ ado . H a \ ;q \ ) / ) § \ 0 � ; 2 . \ } \ § \ \ x/ ® Z / « k j } 7 \ ; / « m � ) - | \ § ) ) \ � k / �