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HomeMy WebLinkAbout51- City Attorney ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN Subject: AN URGENCY ORDINANCE AND A City Attorney NON-URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION Dept: CITY ATTORNEY 19.06.027 TO THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) Date: September 3, 2009 AND PROHIBITING THE ESTABLISHMENT AND OPERATION OF NEW PAROLEE/PROBATIONER AND REGISTERED SEX OFFENDER GROUP HOMES, AND UNLICENSED , FOR - PROFIT PAROLEE/PROBATIONER AND REGISTERED SEX OFFENDER RESIDENTIAL CARE FACILITIES. MCC Date: September 8,2009 Synopsis of Previous Council Action: August 20,2007- Mayor and Common Council considered an Ordinance adding Section 19.06.027 to the San Bernardino Municipal Code (Development Code) and prohibiting the establishment and operation of new parolee/probationer group homes and unlicensed group homes,and continued the matter to a Council workshop,at a date and time to be determined by the City Manager. Recommended motions: 1. That said Urgency Ordinance be adopted; and 2. That the Development Services Department initiate a Development Code Amendment to add Section 19.06.027 to the Development Code and refer this matter to the Planning Commission for a recommendation. es F. Penman, City Attorney Contact person: Henry EmRgfig,Jr. Sr. Deputy City Attom hone: 5255 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: Source: 9 Finance: Council Notes: Af—/313 Agenda Item No. s 1 9- V-01 F:\EMPENO\Ordinances\GroWH=m.RCA-Urgency Ordinance-9-8-09.wpd STAFF REPORT Council Meeting Date: September S, 2009 TO: Mayor and Common Council FROM: James F. Penman, City Attorney DATE: September 2, 2009 i AGENDA I'T'EM: AN URGENCY ORDINANCE AND A NON-URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 19.06.027 TO THE SAN BERNARDINO MUNICIPAL CODE(DEVELOPMENT CODE) AND PROHIBITING THE ESTABLISHMENT AND OPERATION OF NEW PAROLEE/PROBATIONER AND REGISTERED SEX OFFENDER GROUP HOMES, AND UNLICENSED, FOR-PROFIT PAROLEE/PROBATIONER AND REGISTERED SEX OFFENDER RESIDENTIAL CARE FACILITIES. On August 6, 2007, the Mayor and Common Council unanimously adopted Ordinance No. MC-1253,"An Urgency Interim Ordinance of the City of San Bernardino Establishing a Temporary Moratorium on the Establishment and Operation of New Parolee/probationer Group Homes, Registered Sex Offender Group Homes and Unlicensed Group Homes, Declaring the Urgency Thereof, and Taking Effect Immediately," based on documentary evidence and testimony presented at the Council meeting regarding the over-proliferation of registered sex offenders and parolees living within the City;the increasing numbers of parolee/probationer group homes,registered sex offender group homes, and other State licensed and unlicensed group homes located in the City's single family residential neighborhoods;and growing concern expressed by City residents regarding the significant adverse impacts caused by these uses on the surrounding residential neighborhoods. Because of the magnitude of our City's problems with these uses, at the August 20, 2007 Council meeting,the City Attorney's Office proposed that the Mayor and Council consider an even more restrictive zoning ordinance, a Development Code Amendment adding Section 19.06.027 to the San Bernardino Municipal Code,which was a permanent ordinance prohibiting the establishment and operation of new parolee/probationer group homes, registered sex offender group homes and unlicensed group homes. This proposed permanent ordinance was identical in substance to Ordinance No. MC-1253, which was only a temporary moratorium ordinance. In our meeting on August 10, 2007,with Terri Rahhal,City Planner and Deputy Director ofDevelopment Services,Ms.Rahhal also expressed her preference for the more restrictive permanent zoning ordinance prohibiting these uses over an ordinance which allowed them with a conditional use permit, because the more restrictive ordinance would be easier for the City to enforce and easier for the public to understand its requirements. After considerable discussion at the August 20, 2007 Council meeting, the Council unanimously approved a motion to continue the matter to a Council workshop, at a date and time to be determined by the City Manager. Attached is a copy of the Minutes from the August 20, 2007 Council meeting. - 1 - F:\EMPENO\Ordin =\GroupH=m.StaflReport-Urgency Ordinance.9-8-09.wpd Staff Report Council Meeting Date: September 8, 2009 AGENDA ITEM: AN URGENCY ORDINANCE AND A NON-URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 19.06.027 TO THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) AND PROHIBITING THE ESTABLISHMENT AND OPERATION OF NEW PAROLEE/PROBATIONER AND REGISTERED SEX OFFENDER GROUP HOMES, AND UNLICENSED, FOR-PROFIT PAROLEE/PROBATIONER AND REGISTERED SEX OFFENDER RESIDENTIAL CARE FACILITIES. On November 26,2007,the Council held a workshop on this matter. At the Mayor's Parolee Reentry Ad Hoc Committee meeting on August 1,2008,it was announced that the above-referenced Urgency Interim Ordinance would be discussed at the next meeting. The Mayor's Parolee Reentry Ad Hoc Committee has not held a meeting subsequent to its last meeting on August 1, 2008. The City Attorney's Office has placed on the Council's agenda subsequent urgency ordinances which have extended this temporary moratorium. The most recent Council action taken on July 20, 2009, extended this temporary moratorium for 12 months. The City Attorney's Office now proposes that the Mayor and Council reconsider adoption ofan Urgency Ordinance which amends the Development Code and makes the temporary moratorium a permanent prohibition on the establishment and operation of new parolee/probation group homes and registered sex offender group homes. Based on data from the California Department of Corrections and Rehabilitation and the San Bernardino Police Department, the number of active parolees living in the City of San Bernardino has risen from 1,714 on June 27, 2007 to 2,088 as of May 28, 2009, an increase of 374 parolees, a 22% increase. By comparison, the California Department of Finance estimates that the population of the City of San Bernardino has only increased from 204,098 in 2007 to 204,483 in 2009, an increase of 385 persons, a.2% increase. In addition, recent newspaper reports have projected the early release of between 27,000 to more than 40,000 prison inmates in the State of California within the next two years pursuant to a Federal Court order and/or State budget cuts. We expect a significant number of these early release prison inmates to be paroled to the City of San Bernardino. The City Attorney's Office has also revised the proposed Ordinance to include prohibiting the establishment and operation of both new unlicensed, for-profit paroleelprobationer and new unlicensed,for-profit registered sex offender residential care facilities housing more than six persons. We have recently seen an attempt by a for-profit business that contracts with the California Department of Corrections and Rehabilitation to provide housing for parolees,to seek City approval of a parolee residential care facility under the guise of a homeless shelter. Although this proposed ordinance would not affect the pending application ofthis for-profit business,this proposed ordinance will prohibit future unlicensed, for-profit residential care facilities, which are more likely to house parolees brought into the City of San Bernardino from other areas of the State, rather than local nonprofit-organizations, such as the Salvation Army, which are more likely to house homeless persons already residing in the City. - 2 - F:\EMPENO\Ordinances\GroupHo .SlaflReport-Urgency Ordin ce.9-8-09.wpd Staff Report Council Meeting Date: September 8, 2009 AGENDA ITEM: AN URGENCY ORDINANCE AND A NON-URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 19.06.027 TO THE SAN BERNARDINO MUNICIPAL CODE(DEVELOPMENT CODE)AND PROHIBITING THE ESTABLISHMENT AND OPERATION OF NEW PAROLEE/PROBATIONER AND REGISTERED SEX OFFENDER GROUP HOMES, AND UNLICENSED, FOR-PROFIT PAROLEE/PROBATIONER AND REGISTERED SEX OFFENDER RESIDENTIAL CARE FACILITIES. The proposed ordinance only prohibits the establishment and operation of certain types ofnew group homes and residential care facilities. The proposed ordinance does not prohibit parolees, probationers and registered sex offenders from living in the City of San Bernardino. The proposed ordinance does not prohibit parolees, probationers and registered sex offenders from living in State licensed group homes serving six or fewer residents,which State law requires cities to treat the same as single family homes for zoning purposes. The proposed ordinance will prohibit two or more parolees and/or two or more probationers and/or two or more registered sex offenders from living in any new non-State licensed group home or for-profit residential care facility. The proposed ordinance will discourage new parolees and registered sex offenders from moving into the City of San Bernardino because new group homes and for-profit residential care facilities will not be available to house them. By preventing these additional group homes and residential care facilities with their adverse impacts in our City, we can help prevent the growing deterioration of our single family neighborhoods. We recommend adoption of the Urgency Ordinance,which requires passage by 2/3rd's vote, or 5 votes of the Council. In addition,we recommend that the Mayor and Council adopt the motion to initiate a Development Code Amendment to add Section 19.06.027 to the Development Code to start the process for the Planning Commission to consider and make a recommendation regarding the proposed ordinance at a noticed public hearing. Afterwards, the Mayor and Council will consider the proposed ordinance and the Planning Commission's recommendations at a noticed public hearing. We recommend that the Mayor and Council also process and adopt the non-urgency ordinance amending the Development Code in the event that the Urgency Ordinance is challenged in a court proceeding. Recommended Motions: 1. Adopt the Urgency Ordinance; and 2. That the Development Services Department initiate ii Development Code Amendment to add Section 19.06.027 t6 the Development Code and refer this matter to the Planning Commission for a recommendation. - 3 - F.\EMPENO\Ordinances\CroupH�.StaflRepod-Urgency Ordinance.9-8-09.wpd Mayor Patrick J. Morris CITY OF SAN BERNARDINO Council Members: 300 N. `D" Street Esther Estrada Dennis J. Baxter San Bernardino, CA 92418 Tobin Brinker Website: www.sbcity.org Neil Derry Chas Kelley Rikke Van Johnson W Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING AUGUST 20, 2007 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:34 p.m., Monday, August 20, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Estrada. Council Member/Commissioner Estrada Arrived At 1:50 p.m., Council Member/Commissioner Estrada arrived at the Council/ Commission meeting. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Christina Smith, et al. v. City of San Bernardino et al - United States District Court Case No. EDCV 06-860 GW (CTx); 1 08/20/2007 50. An Ordinance of the City of San Bernardino adding Section 19.06.027 to the San Bernardino Municipal Code (Development Code) and prohibiting the establishment and operation of new parolee/probationer group homes, registered sex offender group homes, and unlicensed group homes. Mayor/Chairman Morris stated that he had been informed by Councilman Kelley, Legislative Review Committee (LRC) Chairman, that this issue was discussed at length, and a decision was made by the committee to schedule a Council workshop on this matter. He stated that the purpose of a workshop would be to ensure that they have all the facts, options and ideas in front of them before they make a decision on how to address the complex issue of group housing in single- family residential neighborhoods. The Mayor's office and the City Attorney were both present at the LRC meeting and there were no objections raised as to the direction given by the committee. He understood that the City Manager was currently making arrangements for that workshop. Mayor Morris stated that at the last Council meeting he urged that they not let the moratorium continue indefinitely because the law allows moratoriums to continue for a prolonged period for almost two years, and that is simply too long for them to sit still. As a result, the Mayor urged the Council that they should move decisively because they are behind the curve considering what other cities have done to address the issue of group housing in single-family residential neighborhoods. Mayor Morris stated that at the last meeting he reiterated the fact that they need to follow the legislative process established in the City and work through the LRC so they can arrive at a well-considered policy decision on this complex issue. He stated that the matter has now been taken up by LRC, and he respects their decision to set a workshop on the matter as he feels it will help them make a better policy decision. City Attorney Penman stated that at the last meeting it was discussed that they normally refer matters to LRC, and they would try to get an ordinance adopted before the expiration of the current moratorium. He stated that he had been informed that the City Manager's office was working on a workshop and trying to get a moderator; however, last week they were informed by the City Manager's office that they were having trouble locating a neutral moderator. When he informed the City Manager that the Council needed to begin the process at the August 20 Council meeting to stay within the Mayor's time parameters, he was told that they could not possibly hold a workshop at that meeting. In order to try to satisfy both the desire to get an ordinance on the books before the end of the moratorium, and to refer to LRC, Mr. Penman stated that they came up with an alternative motion that the Director of Development Services be directed to initiate a Development Code Amendment to add Section 19.06.027 to the Development Code and/or that the matter be referred to the Legislative Review Committee. 26 08/20/2007 Mr. Penman stated that the Mayor's desire that the matter go to LRC is more important than staying within that 45-day moratorium. He stated that he agreed with the Mayor that it should be sent to LRC. He advised that they would not be able to adopt an ordinance within the 45 days, because there would not be time, but what they could do on September 17, which is the last day before the moratorium expires, is extend the 45-day moratorium pursuant to Government Code Section 65858 for up to an additional 10 months and 15 days. He stated that that would enable the moratorium to remain in effect, which would give the Council an opportunity to look at a variety of ordinances. Mayor/Chairman Morris stated that he received approximately 25 speaker slips on this item, and he urged those who came to the Council meeting to speak on this subject today to consider coming to the workshop to discuss their concerns about this issue. He stated that at that workshop they will have ample time as a community to move forward with information gathered from a variety of sources to make what he hopes will be some intelligent policy decisions for the City. City Attorney Penman agreed with the Mayor, stating that it would probably be better if the speakers came to the Legislative Review Committee meeting instead of spending a lot of time here today. Council Member/Commissioner Kelley stated that he was prepared to move form Motion No. 2, that the matter be referred to the Legislative Review Committee. Speaking as Chair of the LRC, he stated that they did have an opportunity to meet and discuss this matter and it was his desire that a workshop be set—he welcomed the opportunity to meet once the City Manager has secured a moderator so the entire Council can provide their input and they can hear from the public. Mayor/Chairman Morris stated that he thought the intent was to hold a workshop with the entire Council present as opposed to the three-person Legislative Review Committee. Council Member/Commissioner Kelley stated that that was the intention so that the entire Council could provide their input on this issue. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to a Council workshop. Council Member/Commissioner Brinker stated that this is a very complex issue and so far they have been dealing with it in very limited terms. He stated that they had a chance at their last Legislative Review Committee meeting to begin to talk about some of the broader aspects of this issue, and he felt by bringing it back at an informational meeting where they would have a chance to sit down in a study session and really look at the complexity of the issue, they would be able to 27 08/20/2007 make a better decision. He stated that they keep talking about parolees, but it really fits into the broader context of public safety. He stated that whatever they do, there are about 40-50 parolees coming to our City every week and they're going to keep coming every week. Mr. Brinker stated that they could address just the issue of housing, but there is also the issue of substance abuse-85 percent of these people return with a substance abuse problem. He stated that they need to address the issue of jobs, and ultimately, whatever decision they make, making the City safer needs to be their priority. He stated that he worries that if they rush to make decisions, they will have a lot of unintended consequences. Mr. Brinker stated that as they talk about this issue of parolee housing, he's inclined to think that they need to have some sort of housing and that they have to address that issue more thoroughly. He stated that as a general principle, he doesn't believe that large group homes in single-family neighborhoods is the right answer, but he doesn't know what the right answer is. Council Member/Commissioner Derry stated that several cities in our region already passed similar ordinances. He stated that San Bernardino does have more than its fair share of parolee population due to affordability issues. He stated that we have to deal with the issue of demographics and other things that drive the economy. He stated that you can only absorb so much of the parolee population in any given city, and other cities do not have what he would consider their fair share. Mr. Derry stated that he didn't think anybody disagrees that they should be helping or doing what they can to assist those parolees coming back to our City who are originally from our City. They are our people and they've grown up in our community, and we have a certain responsibility for them, but we now have parolees from all over the Inland Empire and all over San Bernardino County that are coming to San Bernardino. He stated that it has become very clear that the State of California is not rehabilitating people—they haven't been for many years—but the place where you're going to rehabilitate them is while they're still in jail or prison where they're basically a population with very little to do except to try to educate themselves and lift weights. He stated that he would like to get rid of all the weight machines, and have a requirement that they work on their education. He stated that he thought that would be a far more beneficial place to do that rather than having them released into the communities where the communities are then responsible for that education. Council Member/Commissioner Baxter stated that they need to look at employment—they need to get people to work in the City of San Bernardino and that includes both parolees and non-parolees. However, there is the issue of people feeling safe in the City and both sides need to be balanced out. 28 08/20/2007 Council Member/Commissioner Estrada stated that this is a community of over 200,000 people, so the fact that we have a larger number of parolees is attributable to the fact that this is a much larger community. Council Member/Commissioner McCammack stated that she agreed with Mr. Derry in that she believed the ordinance the way it is written is acceptable and appropriate for what they do deal with, but she didn't see any reason this Council could not adopt both motions. She stated that it was specifically written that way so that they could at least get moving on getting the problem solved, and if this body determines that there is .some deviation from this ordinance during the workshop, they could certainly make an amendment. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Derry, that the Director of Development Services be directed to initiate a Development Code Amendment to add Section 19.06.027 to the Development Code; and that the matter be referred to a Council workshop. Council Member/Commissioner McCammack requested that they be given something concrete to act upon at the next workshop. She stated that her concern is if they don't act, they will be infiltrated with parolee housing that they will not be able to control. Council Member/Commissioner McCammack withdrew her substitute motion. City Attorney Penman stated that he hoped the Council would extend the moratorium on September 17, 2007, and keep it in effect until such time as they make a final decision on which ordinance they want. He stated that they didn't have to extend the moratorium the full 10 months and 15 days. Mayor/Chairman Morris suggested that anyone wanting to be notified of the date and time of the workshop should complete a speaker slip. Mayor/Chairman Morris called for a vote on the original motion made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner Brinker, that the matter be continued to a Council workshop, at a date and time to be determined by the City Manager. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29 08/20/2007 1 ORDINANCE NO. COPY 2 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING 3 SECTION 19.06.027 TO THE SAN BERNARDINO MUNICIPAL CODE(DEVELOPMENT CODE) AND PROHIBITING THE ESTABLISHMENT AND OPERATION OF NEW 4 PAROLEE/PROBATIONER GROUP HOMES AND REGISTERED SEX OFFENDER GROUP HOMES,AND UNLICENSED, FOR-PROFIT PAROLEE/PROBATIONER AND 5 REGISTERED SEX OFFENDER RESIDENTIAL CARE FACILITIES,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 on November 1, 2005, the Mayor and Common Council adopted a revised and 9 updated General Plan. The General Plan provides a vision for our City's future which includes, 10 among other requirements,the use and development of land which ensures the safety of our streets 11 and neighborhoods,and the compatibility between land uses,and provides for a coordinated law and code enforcement presence so that our residents will be safe in their homes, places of business, 12 13 schools, and neighborhoods (General Plan, pages 1-21&22); and 14 WHEREAS, on August 6, 2007, the Mayor and Common Council unanimously adopted 15 Ordinance No. MC-1253, "An Urgency Interim Ordinance of the City of San Bernardino Establishing a Temporary Moratorium on the Establishment and Operation of a New 16 17 Parolee/Probationer Group Homes, Registered Sex Offender Group Homes and Unlicensed Group 18 Homes, Declaring the Urgency Thereof, and Taking Effect Immediately"; and 19 WHEREAS,the City has received evidence of increasing numbers of group homes that are 20 transient in nature and operate more like institutional and commercial boarding house uses than as 21 single family homes. Uses such as homes for parolees and probationers, registered sex offenders, 22 and transients,group homes,and other similar uses are operating as businesses in residentially zoned 23 areas of the City; and 24 WHEREAS,citizens of the City have expressed significant concerns regarding the adverse 25 impacts that an over-proliferation ofparolee/probationer group homes,registered sex offender group 26 homes, and state licensed and unlicensed group homes has on the surrounding residential 27 neighborhoods,including,but not limited to,impacts on traffic and parking,excessive delivery times and durations, the commercial use of public property, commercial and/or institutional services 28 \Sbca2\sys\EMPENO\Ordinances\Group Homes Urgency Ordinance 9-"9.wpd 1 1 offered in private residences,more frequent trash collection,daily arrival of staff who live off-site, 2 second-hand smoke, possession and use of illegal drugs, loitering, trespassing, trash, debris, 3 unmaintained landscaping, depreciation of property values, and nuisance behavior such as noise, 4 litter, loud and offensive language, and public drunkenness; and 5 WHEREAS, according to the California Attorney General's website on Megan's Law 6 (www.meganslaw.ca.gov),as of July 15,2009,there were 457 registered sex offenders living within 7 the City, which number was disproportionate and at a much higher percentage of the total number 8 of registered sex offenders living in San Bernardino County when compared to the percentage of the 9 City's population to the County's total population; and 10 WHEREAS,based on data from the California Department of Corrections and Rehabilitation 11 and the San Bernardino Police Department, the number of active parolees living in the City of San 12 Bernardino has risen from 1,714 on June 27, 2007 to 2,088 as of May 28, 2009, an increase of 374 13 parolees,a 22% increase. By comparison,the California Department of Finance estimates that the 14 population of the City of San Bernardino has only increased from 204,098 in 2007 to 204,483 in 15 2009, an increase of 385 persons, a.2% increase. 16 WHEREAS,recent newspaper reports have projected the early release of between 27,000 to 17 more than 40,000 prison inmates in the State of California within the next two years pursuant to a 18 Federal Court order and/or State budget cuts; and 19 WHEREAS, recently a for-profit business that contracts with the California Department of 20 Corrections and Rehabilitation to provide housing for parolees,has sought City approval to establish 21 a parolee residential care facility under the guise of a homeless shelter; and 22 WHEREAS, for-profit residential care facilities are more likely to house parolees brought 23 into the City of San Bernardino from other areas of the State, as opposed to local nonprofit- 24 organizations which are more likely to house homeless persons already residing in the City; and 25 WHEREAS,after the Mayor and Council's adoption of Ordinance No.MC-1253,the Mayor 26 and Council have subsequently adopted ordinances extending the temporary moratorium on the 27 establishment and operation ofnew parolee/probationer group homes,registered sex offender group 28 bca2\sys\EMPENO\Ordinances\Group Homes Urgency Ordinance 9-8-09.wpd 2 I homes and unlicensed group homes, and 2 WHEREAS,although on August 1,2008,at the Mayor's Parolee Reentry Ad Hoc Committee 3 meeting it was announced that the temporary moratorium ordinances on parolee/probationer and 4 registered sex offender group homes would be discussed at their next meeting, the Mayor's Parolee 5 Reentry Ad Hoc Committee has not held a subsequent meeting since August 1, 2008, and 6 WHEREAS, Ordinance No. MC-1253 and the subsequent ordinances extending the 7 temporary moratorium have all directed the Development Services Department and the Planning 8 Commission to consider and process a permanent ordinance regulating the establishment and 9 operation of parolee/probationer group homes, registered sex offender group homes, unlicensed 10 group homes, and other similar uses in the City of San Bernardino, and 11 WHEREAS, significant concerns have been raised by the community regarding the over- 12 proliferation of registered sex offenders and parolees living within the City, and 13 WHEREAS, the Mayor and Common Council hereby specifically finds as follows: 14 Section 1. Findings/Statement of Urgency. 15 a. The above recitals are true and correct and incorporated herein by this reference. 16 b. The owners or operators of parolee/probationer group homes or registered sex 17 offender group homes, or unlicensed for-profit parolee/probationer or registered sex offender 18 residential care facilities,are likely to commence operations of such uses,thereby adversely impacting 19 the public peace, health, safety, and welfare of the community, unless appropriate ordinances are 20 adopted; and 21 C. Without this proposed Ordinance,parolee/probationer group homes or registered sex 22 offender group homes, or unlicensed for-profit parolee/probationer or registered sex offender 23 residential care facilities, may be established in areas that would be inconsistent with the surrounding 24 uses or with the character of a residential neighborhood and would be immediately detrimental to the 25 public peace, health, safety and welfare of the community; and 26 d. The Mayor and Common Council hereby finds that there is a current and immediate 27 threat to the public peace, health, safety, or welfare, and the approval of any building permit or other 28 F:\EMPENO\Ordinances\Group Homes Urgency Ordinance 9-8-09.wpd 3 I applicable entitlement to establish or operate a new parolee/probationer group home or registered 2 sex offender group home, or unlicensed for-profit parolee/probationer or registered sex offender 3 residential care facilities,would result in that threat to public peace,health, safety or welfare; and 4 e. Based on the recitals and findings referenced above,the Mayor and Common Council 5 hereby finds that this ordinance is necessary for the immediate preservation of the public peace, 6 health, or safety. 7 NOW THEREFORE,THE MAYOR AND COMMON COUNCIL OF THE CITY OF 8 SAN BERNARDINO DO ORDAIN AS FOLLOWS: 9 Section 2. San Bernardino Municipal Code Section 19.06.027 (Development Code) is 10 ereby added to read as follows: 11 19.06.027 Parolee/Probationer Group Homes, Registered Sex Offender Group 12 Homes, and/or Unlicensed Group Homes; Prohibited Uses. 13 A. Notwithstanding any conflicting provision(s)in any other section ofthe San Bernardino 14 Municipal Code, including the Development Code, no new parolee/probationer group home or 15 registered sex offender group home; or unlicensed, for-profit parolee/probationer residential care 16 facility, or unlicensed, for-profit registered sex offender residential care facility, shall be established 17 or operated; and no Conditional Use Permit, Development Permit, Building Permit, Certificate of 18 Occupancy or Zoning Verification Review (also referred to as "Zoning Consistency Review") shall 19 be issued or granted for the establishment or operation of a new parolee/probationer group home or 20 registered sex offender group home,or an unlicensed, for-profit parolee/probationer or registered sex 21 offender residential care facility, or similar use. 22 B. As used in this Ordinance, the following definitions apply: 23 1. "Parolee/probationer group home" shall mean any single family residential structure 24 or unit, operating as an unlicensed group home, that houses two or more parolees/probationers, 25 unrelated by blood, marriage, or adoption. 26 2. A "parolee/probationer" includes: 27 a. Any individual who has been convicted of a Federal crime and sentenced to a 28 \\Sbca2\sys\EMPENO\Ordinances\Group Homes Urgency Ordinance 9-8-09.wpd 4 I term of supervised probation or sentenced to a term of imprisonment in Federal prison, and granted 2 conditional and revocable release into the community under the supervision of a Federal parole officer. 3 b. Any individual who has been convicted of a State crime and sentenced to a term 4 of supervised probation or sentenced to a term of imprisonment in county jail or in a State prison and 5 who is serving a period of supervised community custody,as defined in Penal Code Section 3000,and 6 is under the jurisdiction of the California Department of Corrections,Parole and Community Services 7 Division. 8 C. An adult or juvenile sentenced to a term in the California Youth Authority and 9 ho has received conditional and revocable release into the community under the supervision of a 10 Youth Authority Parole Officer. 11 3. 'Registered sex offender group home"shall mean any single family residential structure 12 or unit, or operating as an unlicensed group home,that houses two or more registered sex offenders, 13 unrelated by blood,marriage, or adoption. 14 4. A "registered sex offender" shall mean any person required to register pursuant to 15 California Penal Code Section 290. 16 5. "Licensed group home" shall mean any State licensed residential facility that is 17 maintained and operated to provide non-medical residential care, day treatment, or foster agency 18 services for six or fewer adults, children, or adults and children, and which is required by State law 19 to be treated as a single family residence or single family dwelling unit for zoning purposes. 20 6. "Unlicensed group home" shall mean any residential structure or unit,whether owned 21 and/or operated by an individual or a for-profit or non-profit entity, that is not licensed by the State, 22 that is maintained and operated to provide non-medical residential care,day treatment,or foster agency 23 services for six or fewer adults,children,or adults and children, and which is not required by State law 24 o be treated as a single family residence or single family dwelling unit for zoning purposes. 25 7. "Unlicensed,for-profit parolee/probationer residential care facility"shall mean a group 26 care facility, or similar facility operated as a for-profit business for the 24 hour non-medical care of 27 more than six persons in need of personal services, supervision or assistance essential for sustaining 28 \Sbca2\sys\EMPENO\Ordinances\Group Homes Urgency Ordinance 9-8-09.wpd 5 I the activities of daily living or for the protection of the individual;that is not licensed by the State of 2 California; and that houses two or more parolees/probationers, unrelated by blood, marriage or 3 adoption. 4 8. "Unlicensed, for-profit registered sex offender residential care facility" shall mean a 5 group care facility,or similar facility operated as a for-profit business for the 24 hour non-medical care 6 of more than six persons in need of personal services,supervision or assistance essential for sustaining 7 the activities of daily living or for the protection of the individual; that is not licensed by the State of 8 California; and that houses two or more registered sex offenders unrelated by blood, marriage or 9 adoption. 10 C. Reasonable Accommodation. 11 In compliance with the Federal Fair Housing Act(42 U.S.C. §§ 3600 et seq.),the Americans 12 with Disabilities Act(42 U.S.C. §§ 12101 et seq.),and the Employment and Housing Act(Gov. Code 13 §§ 12900 et seq.),it is the City s policy to provide reasonable accommodation in the application of this 14 Ordinance to any person with a disability who seeks fair access to housing. "Disability"shall have the 15 same meaning as the terms "disability" and"handicapped" in the Fair Housing Act. 16 1. An application for reasonable accommodation in the application of this Ordinance shall 17 be made to the City Planner/Deputy Director of Development Services, and shall include: 18 a. The provision of this Ordinance from which accommodation is being 19 requested; 20 b. The basis for the claim that the individuals affected are considered disabled 21 under the Fair Housing Laws, and why the accommodation is necessary to provide equal opportunity 22 for housing and to make the specific housing available to the individuals; and 23 c. Any other information the City Planner/Deputy Director of Development 24 Services reasonably determines is necessary. 25 2. In making a determination regarding the reasonableness of the requested 26 accommodation, the following factors shall be considered: 27 a. Special need created by the disability; 28 \Sbca2\sys\EMPEWOrdinances\Group Homes Urgency Ordinance 9-8-09.wpd 6 I b. Potential benefit that can be accomplished by the requested accommodation; 2 C. Potential impact on, and compatibility with, other property in the vicinity; 3 d. Physical attributes of the property and structures; 4 e. Alternative accommodations that may provide an equivalent level of benefit; 5 f Whether the requested accommodation would impose an undue financial or 6 administrative burden on the City; 7 g. Whether the requested accommodation would require a fundamental alteration 8 in the nature of a City program; and 9 h. Whether granting the request would be consistent with the City's General Plan. 10 3. Any request for reasonable accommodation from the provisions of this Ordinance shall I 1 be reviewed and considered by the Planning Commission at a noticed public hearing and may be 12 approved, conditionally approved, or denied by the Planning Commission. 13 Section 3: This Ordinance is based upon the recitals and findings set forth above, and the 14 accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the 15 authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution 16 and Article III and Section 121of the Charter of the City of San Bernardino;and shall take effect upon 17 adoption. 18 Section 4: Compliance with the California Environmental Quality Act. The Mayor 19 and Common Council finds that this Ordinance is not subject to the California Environmental Quality 20 Act (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or reasonably 21 foreseeable indirect physical change in the environment)and 15060(c)(3)(the activity is not a project 22 as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, 23 Chapter 3,because it has no potential for resulting in physical change to the environment, directly or 24 indirectly. 25 Section 5: Severability. If any section,subsection,subdivision,sentence,clause or phrase 26 in this Ordinance or any part thereof is for any reason held to be unconstitutional,invalid or ineffective 27 y any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of 28 \bca2\sys\EMPENO\Ordinances\Gmup Homes Urgency Ordinance 9-M9.wpd 7 1 the remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby 2 declares that it would have adopted each section irrespective of the fact that any one or more 3 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or 4 ineffective. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 \S bca2\sys\EMPENO\Ordinances\Group Homes Urgency Ordinance 9-8-09.wpd 8 I AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 2 19.06.027 TO THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) AND PROHIBITING THE ESTABLISHMENT AND OPERATION OF NEW 3 PAROLEEIPROBATIONER GROUP HOMES AND REGISTERED SEX OFFENDER GROUP HOMES,AND UNLICENSED, FOR-PROFIT PAROLEE/PROBATIONER AND 4 REGISTERED SEX OFFENDER RESIDENTIAL CARE FACILITIES,DECLARING THE 5 URGENCY THEREOF,AND TAKING EFFECT IMMEDIATELY. 6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 7 Council of the City of San Bernardino at a meeting thereof, held on the day 8 of 2009, by the following vote, to wit: 9 10 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 11 ESTRADA 12 BAXTER 13 RINKER 14 SHORETT 15 KELLEY 16 JOHNSON 17 LC CAMMACK 18 19 20 Rachel Clark, City Clerk 21 The foregoing Ordinance is hereby approved this day of 2009. 22 23 PATRICK J. MORRIS, Mayor 24 Approved as to form: City of San Bernardino 25 JAMES F. PENMAN 26 City Attorney 27 28 a2lsys\EMPENOWrdinances\Group Homes Urgency Ordinance 9-8-09.wpd 9 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 3 19.06.027 TO THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) AND PROHIBITING THE ESTABLISHMENT AND OPERATION OF NEW 4 PAROLEE/PROBATIONER GROUP HOMES AND REGISTERED SEX OFFENDER GROUP HOMES,AND UNLICENSED, FOR-PROFIT PAROLEE/PROBATIONER AND 5 REGISTERED SEX OFFENDER RESIDENTIAL CARE FACILITIES. 6 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 7 WHEREAS on November 1,2005,the Mayor and Common Council adopted a revised and 8 updated General Plan. The General Plan provides a vision for our City's future which includes, 9 among other requirements, the use and development of land which ensures the safety of our streets 10 and neighborhoods,and the compatibility between land uses,and provides for a coordinated law and 11 code enforcement presence so that our residents will be safe in their homes, places of business, 12 schools, and neighborhoods (General Plan,pages 1-21&22); and 13 WHEREAS, on August 6, 2007, the Mayor and Common Council unanimously adopted 14 Ordinance No. MC-1253, "An Urgency Interim Ordinance of the City of San Bernardino 15 Establishing a Temporary Moratorium on the Establishment and Operation of a New 16 Parolee/Probationer Group Homes,Registered Sex Offender Group Homes and Unlicensed Group 17 Homes,Declaring the Urgency Thereof, and Taking Effect Immediately"; and 18 WHEREAS,the City has received evidence of increasing numbers of group homes that are 19 transient in nature and operate more like institutional and commercial boarding house uses than as 20 single family homes. Uses such as homes for parolees and probationers,registered sex offenders, 21 and transients,group homes,and other similar uses are operating as businesses in residentially zoned 22 areas of the City; and 23 WHEREAS, citizens of the City have expressed significant concerns regarding the adverse 24 impacts that an over-proliferation ofparolee/probationer group homes,registered sex offender group 25 homes, and state licensed and unlicensed group homes has on the surrounding residential 26 neighborhoods,including,but not limited to,impacts on traffic and parking,excessive delivery times 27 and durations, the commercial use of public property, commercial and/or institutional services 28 \S bca2\sys\EMPENO\Ordinances\Group Homes Ordinance 9-8-09.wpd I I offered in private residences,more frequent trash collection,daily arrival of staff who live off-site, 2 second-hand smoke, possession and use of illegal drugs, loitering, trespassing, trash, debris, 3 unmaintained landscaping, depreciation of property values, and nuisance behavior such as noise, 4 litter, loud and offensive language, and public drunkenness; and 5 WHEREAS, according to the California Attorney General's website on Megan's Law 6 (www.meganslaw.ca.gov),as of July 15,2009,there were 457 registered sex offenders living within 7 the City,which number was disproportionate and at a much higher percentage of the total number 8 of registered sex offenders living in San Bernardino Countywhen compared to the percentage of the 9 City's population to the County's total population; and 10 WHEREAS,based on data from the California Department of Corrections and Rehabilitation 11 and the San Bernardino Police Department,the number of active parolees living in the City of San 12 Bernardino has risen from 1,714 on June 27,2007 to 2,088 as of May 28,2009, an increase of 374 13 parolees,a 22% increase. By comparison,the California Department of Finance estimates that the 14 population of the City of San Bernardino has only increased from 204,098 in 2007 to 204,483 in 15 2009, an increase of 385 persons, a.2% increase. 16 WHEREAS,recent newspaper reports have projected the early release of between 27,000 to 17 more than 40,000 prison inmates in the State of California within the next two years pursuant to a 18 Federal Court order and/or State budget cuts; and 19 WHEREAS,recently a for-profit business that contracts with the California Department of 20 Corrections and Rehabilitation to provide housing forparolees,has sought City approval to establish 21 a parolee residential care facility under the guise of a homeless shelter; and 22 WHEREAS, for-profit residential care facilities are more likely to house parolees brought 23 into the City of San Bernardino from other areas of the State, as opposed to local nonprofit- 24 organizations which are more likely to house homeless persons already residing in the City; and 25 WHEREAS,afterthe Mayor and Council's adoption of Ordinance No.MC-1253,the Mayor 26 and Council have subsequently adopted ordinances extending the temporary moratorium on the 27 establishment and operation ofnew parolee/probationer group homes,registered sex offender group 28 \\Sbca2\sys\EMPENO\Ordinances\Group Homes Ordinance 9-8-09.wpd 2 I homes and unlicensed group homes; and 2 WHEREAS,although on August 1,2008,at the Mayor's Parolee Reentry Ad Hoc Committee 3 meeting it was announced that the temporary moratorium ordinances on parolee/probationer and 4 registered sex offender group homes would be discussed at their next meeting,the Mayor's Parolee 5 Reentry Ad Hoc Committee has not held a subsequent meeting since August 1, 2008; and 6 WHEREAS, Ordinance No. MC-1253 and the subsequent ordinances extending the 7 temporary moratorium have all directed the Development Services Department and the Planning 8 Commission to consider and process a permanent ordinance regulating the establishment and 9 operation of parolee/probationer group homes, registered sex offender group homes, unlicensed 10 group homes, and other similar uses in the City of San Bernardino; and 11 WHEREAS, significant concerns have been raised by the community regarding the over- 12 proliferation of registered sex offenders and parolees living within the City; and 13 WHEREAS, the Mayor and Common Council hereby specifically finds as follows: 14 Section 1. Findings. 15 a. The above recitals are true and correct and incorporated herein by this reference. 16 b. The owners or operators of parolee/probationer group homes or registered sex 17 offender group homes, or unlicensed for-profit parolee/probationer or registered sex offender 18 residential care facilities,are likely to commence operations of such uses,thereby adversely impacting 19 the public peace, health, safety, and welfare of the community, unless appropriate ordinances are 20 adopted; and 21 C. Without this proposed Ordinance,parolee/probationer group homes or registered sex 22 offender group homes, or unlicensed for-profit parolee/probationer or registered sex offender 23 residential care facilities,may be established in areas that would be inconsistent with the surrounding 24 uses or with the character of a residential neighborhood and would be immediately detrimental to the 25 public peace, health, safety and welfare of the community; and 26 d. The Mayor and Common Council hereby finds that there is a current and immediate 27 threat to the public peace,health, safety,or welfare, and the approval of any building permit or other 28 FAEMPENO\Ordinances\Group Homes Ordinance 9-M9.wpd 3 I applicable entitlement to establish or operate a new parolee/probationer group home or registered 2 sex offender group home, or unlicensed for-profit parolee/probationer or registered sex offender 3 residential care facilities,would result in that threat to public peace, health, safety or welfare; and 4 e. Based on the recitals and findings referenced above,the Mayor and Common Council 5 hereby finds that this ordinance is necessary for the immediate preservation of the public peace, 6 health, or safety. 7 NOW THEREFORE,THE MAYOR AND COMMON COUNCIL OF THE CITY OF 8 SAN BERNARDINO DO ORDAIN AS FOLLOWS: 9 Section 2. San Bernardino Municipal Code Section 19.06.027 (Development Code) is 10 hereby added to read as follows: 11 19.06.027 Parolee/Probationer Group Homes, Registered Sex Offender Group 12 Homes, and/or Unlicensed Group Homes; Prohibited Uses. 13 A. Notwithstanding any conflicting provision(s)in any other section of the San Bernardino 14 Municipal Code, including the Development Code, no new parolee/probationer group home or 15 registered sex offender group home; or unlicensed, for-profit parolee/probationer residential care 16 facility, or unlicensed, for-profit registered sex offender residential care facility, shall be established 17 or operated; and no Conditional Use Permit, Development Permit, Building Permit, Certificate of 18 Occupancy or Zoning Verification Review (also referred to as "Zoning Consistency Review") shall 19 be issued or granted for the establishment or operation of a new parolee/probationer group home or 20 registered sex offender group home,or an unlicensed,for-profit parolee/probationer or registered sex 21 offender residential care facility, or similar use. 22 B. As used in this Ordinance, the following definitions apply: 23 1. 'Parolee/probationer group home" shall mean any single family residential structure 24 or unit, operating as an unlicensed group home, that houses two or more parolees/probationers, 25 unrelated by blood, marriage, or adoption. 26 2. A "parolee/probationer" includes: 27 a. Any individual who has been convicted of a Federal crime and sentenced to a 28 Sbca2\sys\EMPENO\Ordinances\Group Homes Ordinance 9-8-09.wpd 4 I term of supervised probation or sentenced to a tern of imprisonment in Federal prison, and granted 2 conditional and revocable release into the community under the supervision of Federal parole officer. 3 b. Any individual who has been convicted of a State crime and sentenced to a term 4 of supervised probation or sentenced to a term of imprisonment in county jail or in a State prison and 5 who is serving a period of supervised community custody,as defined in Penal Code Section 3000,and 6 is under the jurisdiction of the California Department of Corrections,Parole and Community Services 7 Division. 8 C. An adult or juvenile sentenced to a term in the California Youth Authority and 9 who has received conditional and revocable release into the community under the supervision of a 10 Youth Authority Parole Officer. 11 3. "Registered sex offender group home"shall mean any single family residential structure 12 or unit, or operating as an unlicensed group home, that houses two or more registered sex offenders, 13 unrelated by blood, marriage, or adoption. 14 4. A "registered sex offender" shall mean any person required to register pursuant to 15 California Penal Code Section 290. 16 5. "Licensed group home" shall mean any State licensed residential facility that is 17 maintained and operated to provide non-medical residential care, day treatment, or foster agency 18 services for six or fewer adults, children, or adults and children, and which is required by State law 19 to be treated as a single family residence or single family dwelling unit for zoning purposes. 20 6. "Unlicensed group home" shall mean any residential structure or unit,whether owned 21 arid/or operated by an individual or a for-profit or non-profit entity, that is not licensed by the State, 22 that is maintained and operated to provide non-medical residential care,day treatment,or foster agency 23 services for six or fewer adults,children,or adults and children,and which is not required by State law 24 to be treated as a single family residence or single family dwelling unit for zoning purposes. 25 7. "Unlicensed,for-profit parolee/probationer residential care facility"shall mean a group 26 care facility, or similar facility operated as a for-profit business for the 24 hour non-medical care of 27 more than six persons in need of personal services, supervision or assistance essential for sustaining 28 \\Sbca2\sys\EMPENO\Ordinances\Group Homes Ordinance 9-8-09.wpd 5 I the activities of daily living or for the protection of the individual; that is not licensed by the State of 2 California; and that houses two or more parolees/probationers, unrelated by blood, marriage or 3 adoption. 4 8. "Unlicensed, for-profit registered sex offender residential care facility" shall mean a 5 group care facility,or similar facility operated as a for-profit business for the 24 hour non-medical care i 6 of more than six persons in need of personal services,supervision or assistance essential for sustaining 7 the activities of daily living or for the protection of the individual; that is not licensed by the State of 8 California; and that houses two or more registered sex offenders unrelated by blood, marriage or 9 adoption. 10 C. Reasonable Accommodation. 11 In compliance with the Federal Fair Housing Act(42 U.S.C. §§ 3600 et seq.), the Americans 12 with Disabilities Act(42 U.S.C. §§ 12101 et seq.),and the Employment and Housing Act(Gov.Code 13 §§ 12900 et seq.),it is the City's policy to provide reasonable accommodation in the application of this 14 Ordinance to any person with a disability who seeks fair access to housing. "Disability" shall have the 15 same meaning as the terms "disability" and"handicapped" in the Fair Housing Act. 16 1. An application for reasonable accommodation in the application of this Ordinance shall 17 be made to the City Planner/Deputy Director of Development Services, and shall include: 18 a. The provision of this Ordinance from which accommodation is being 19 requested; 20 b. The basis for the claim that the individuals affected are considered disabled 21 under the Fair Housing Laws, and why the accommodation is necessary to provide equal opportunity 22 for housing and to make the specific housing available to the individuals; and 23 C. Any other information the City Planner/Deputy Director of Development 24 Services reasonably determines is necessary. 25 2. In making a determination regarding the reasonableness of the requested 26 accommodation, the following factors shall be considered: 27 a. Special need created by the disability; 28 \S bca2\sys\EMPEN0\0rdinances\Group Homes Ordinance 9.8-09.wpd 6 I b. Potential benefit that can be accomplished by the requested accommodation; 2 C. Potential impact on, and compatibility with, other property in the vicinity; 3 d. Physical attributes of the property and structures; 4 e. Alternative accommodations that may provide an equivalent level of benefit; 5 f. Whether the requested accommodation would impose an undue financial or 6 administrative burden on the City; 7 g. Whether the requested accommodation would require a fundamental alteration i 8 in the nature of a City program; and 9 h. Whether granting the request would be consistent with the City s General Plan. 10 3. Any request for reasonable accommodation from the provisions of this Ordinance shall 11 be reviewed and considered by the Planning Commission at a noticed public hearing and may be 12 approved, conditionally approved, or denied by the Planning Commission. 13 Section 3: This Ordinance is based upon the recitals and findings set forth above, and the 14 accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the 15 authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution 16 and Article III and Section 121of the Charter of the City of San Bernardino; and San Bernardino 17 Municipal Code(Development Code) Chapter 19.42. 18 Section 4: Compliance with the California Environmental Quality Act. The Mayor 19 and Common Council finds that this Ordinance is not subject to the California Environmental Quality 20 Act (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or reasonably 21 foreseeable indirect physical change in the environment)and 15060(c)(3)(the activity is not a project 22 as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, 23 Chapter 3,because it has no potential for resulting in physical change to the environment,directly or 24 indirectly. 25 Section 5: Severabitity. If any section,subsection,subdivision,sentence,clause or phrase 26 in this Ordinance or any part thereof is for any reason held to be unconstitutional,invalid or ineffective 27 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of 28 \S bca2\sys\EMPEN0\0rdinances\Group Homes Ordinance 9-8-09.wpd 7 I the remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby 2 declares that it would have adopted each section irrespective of the fact that any one or more 3 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or 4 ineffective. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 \\Sbca2\sys\EMPENo\Ordinances\Group Homes Ordinance 9-8-09.wpd 8 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 19.06.027 2 TO THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) AND PROHIBITING THE ESTABLISHMENT AND OPERATION OF NEW 3 PAROLEE/PROBATIONER GROUP HOMES AND REGISTERED SEX OFFENDER GROUP HOMES,AND UNLICENSED, FOR-PROFIT PAROLEE/PROBATIONER AND 4 REGISTERED SEX OFFENDER RESIDENTIAL CARE FACILITIES. 5 6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 7 Council of the City of San Bernardino at a meeting thereof,held on the day 8 of 2009,by the following vote,to wit: 9 10 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 11 ESTRADA 12 BAXTER BRINKER 13 14 SHORETT 15 KELLEY 16 JOHNSON 17 C CAMMACK 18 19 Rachel Clark, City Clerk 20 21 The foregoing Ordinance is hereby approved this day of , 2009. 22 23 PATRICK J. MORRIS,Mayor 24 Approved as to form: City of San Bernardino JAMES F. PENMAN 25 City Attorney 26 27 2 a2\9ys\EMPENO\Ordinances\Group Homes Ordinance 9-"9.%pd 9