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Home My WebLink About35-Development Services CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION Dept: Development Services Subject: Conditional Use Permit No. 08-21 (Appeal No. 08-07) - Appeal of the Planning Commission's denial of a Conditional Use Permit to convert an existing 6,747 square foot church building into a 56-bed homeless shelter with related support facilites and office space located at 840 North Sierra Way in the RM, Residential Medium land use district. MCC Date: March 16,2009 From: Valerie C. Ross, Director Date: February 20, 2009 Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and that the Mayor & Common Council deny Appeal No. 08-07 and uphold the Planning Commission's denial of Conditional Use Permit No. 08-21, based on the recommended Findings of Fact. Alternative Motion: That the hearing be closed and that the Mayor & Common Council grant Appeal No. 08-07, declare an intent to approve Conditional Use Permit No. 08-21 and continue the matter for two weeks to consider Findings of Fact and Conditions of Approval. ~{/,R~ Valerie C. Ross Contact Person: Aron Liang, Senior Planner, ext. 3332 Phone: 384-5057 Supporting data attached: Staff Report Ward: I FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) Account Description: Finance: Council Notes: Agenda Item No. ;).0/ 3- /C-oCf. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: Conditional Use Permit No. 08-21 (Appeal No. 08-07) - Appeal of the Planning Commission's denial of a Conditional Use Permit to convert an existing 6,747 square foot church building into a 56-bed homeless shelter with related support and office space located at 840 North Sierra Way in the RM, Residential Medium land use district. OWNER: Faith Temple AP Ministries 840 North Sierra Way San Bernardino, CA 92401 909.215.8683 APPELLANT: Garnett Newcombe Human Potential Consultants, LLC 500 East Carson Plaza, Dr. No. 127 Carson, CA 90746 310.756.1560 Back2round: The appellant is appealing the PIarming 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 I - 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 Plarming Commission Meeting of October 21, 2008, the Planning Commission opened the public hearing and received public testimony on the subject matter. After a lengthy discussion including comments from the City Attorney's Office, San Bernardino Police Department, several concerned citizens, supporters of the projects and the applicant, the Planning Commission closed the public hearing and Commissioner Munoz made a motion to deny Conditional Use Permit No. 08-21 and continue the item to November 5, 2008 for adoption of findings and final action. Commissioner Mulvihill seconded the motion, which carried unanimously with Commissioners Coute, Durr, Heasley, Mulvihill, Munoz, Rawls and Sauerbrun voting to deny the project. Commissioners Hawkins and Longville were absent. On November 5, 2008, the Plarming Commission considered Findings of Fact prepared based on information presented to the Plarming Commission and comments and conclusions of the PIarming 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 [mdings presented to the Planning Commission are attached as Exhibit 2. Conditional Use Permit No. 08-2 I (Appeal No. 08-07) Hearing Date: March 16. 2009 Page 2 of2 The applicant filed Appeal No. 08-07 (Exhibit 3) on November 20, 2008, to request that the Mayor and Common Council overturn the decision of the Planning Commission. The Appeal application states that the Planning Commission action to deny the appeal conflicts with Federal, State and local laws, including the State Housing Accountability Act and State Housing Element law. The Appeal application is supplemented by a letter from Remy De La Peza of Public Counsel Law Center dated November 26, 2008 (Exhibit 4). A 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 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Location Map Staff Report and Memoranda to the Planning Commission Appeal No. 08-07 Letter dated November 26, 2008 from Public Counsel Law Center Findings of Fact EXHIBIT 1 CITY OF SAN BERNARDINO LOCATION MAP PLANNING DIVISION HEARING DATE: 03/16/2009 PROJECT: Conditional Use Permit 08-21 (Appeal 08-07) NORTH Ul ~ m ;;0 ;t1 :r> 8TH -, (C) City, of San B~rnardino ' ...,ltlUR,t,..lt. 111..11 o h",'" 42ft EXHIBIT 2 CITY OF SAN BERNARDINO Development Services Department - Planning Division Interoffice Memorandum FROM: Planning Com. mission rJ 1.1 ;;7 ,;E &<~A--k Terri Rahhal, Deputy Director/City Planner TO: 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 ofthe public. Recommended Motion: That the Planning Commission (I) deny Conditional Use Permit No. 08-21 based on the evidence presented to the Commission at the public hearing held on October 2 I, 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 I. I 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 nurnber 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 l4-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 rnaintain 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 ofthe 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 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. 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 could be residing in close proximity would increase fear in the Option House residents and interferc with their frce enjoymcnt 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 201 I. The Commission finds that undesirable contacts betwecn 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 cducational 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 infonnation 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 complcte, May 27,2008. 5.2 Section 19.04.030(2)(T) of the Development Code requires social services to conform to the rcsidcntial density standard of the underlying land use designation, and to have a levcl 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 numbcr of residents to 36. Howevcr, 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 Y2-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 Y2- 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. I 0 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 ofprojects 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 ,;') ,) ) TO: CITY OF SAN BERNARDINO Development Services Department - Planning Division Interoffice Memorandum Planning Commission ~/./J Terri Rahhal, Deputy Director/City Planner 7i FROM: 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 Empeno, Senior Deputy City Attorney Background: Item I 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 I, 2008) would preclude the City from denying the subject project. SB2 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 SB2, 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 warns the City about the provisions of SB2, 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 ofSB2, in Section 65583 (a)(4)(A) of the Government Code. Another provision of SB2, Govemment 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 staffreport: 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 I9.04.030(2)(T) 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 I9.04.030(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 Y, 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 of20 - 36 residents. Furthermore, Section I9.04.030(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 Yz- 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 on 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. I 0: "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 staffrecommendation 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 . 'from: P.~b lie Counsel 213 385 9089 10/1012008 ATTACHMENT A ~~ LAW C E N T E R 6tO SOUTII LlRDMORE AVENue LOS ANGE1.I'S, CALlF01<1'.1A 90005 TELEPHONE: 21J/385-2977 FAX: 213/385-90~9 THE PUBUC ~lEREST LAW Ur neE UF TIiE illS A."'llie:US COUNTY AND BEVERLY HIllS BAR ASSOCLA nONS FACSIMILE COVER LEITER DATE: 10/IOIOB PLEASE DELIVER THE FOLLOWING ~ PAGE(S) (WHICH INCLUDES THIS COVER): TO: e..1'-\ of ~{;\n e:,er~~ino P\zinY\i~ Cm1W\IS~\llY\i oty 6t'<<K FROM: Pemj De.~PcUl FlU#: (qOq)~-EDBo i (tfoef) ~B4- Sl,!;~ REMARKS: A~a,(~ i& ~ I~ -fi-om PtA!;.l;c C01.Anstl r<,: -HIe. Oct. 21, ZOOI3 ht",jIf~ 0Vl ell P N D. O~r;Ll. Th:!nl::: ,/filA, ~/Y-{~ (213) 3f'S-z."In ><231- The inform.ation contained in this facsimile message is privileged and confidential. 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Ort...-QjU..........StYo--"""""" October 10, 2008 City of San Bernardino Planning Commission 300 North "0" Street San Bernardino, CA 924 t 8 Re: October 21, 2008 Planning Commission Meeting Conditional Use Permit No_ 08-21 Dear Commissioners: Public Counsel is a non-profit public interest law firm dedicated to advancing equal justice under the law by delivering free legal services to indigent and underrepresented children and adults throughout Los Angeles County_ In furtherance of Public Counsel's mission, the Community Development Project's Housing Opportunities, Prcscrvation and Enforcement ("HOPE") Unit advocates for local land use policies that further the production and preservation of affordable housing in cities througlIoulthe County. We are currently collaborating with cities in the development of their housing elements for the 2008-2014 planning period to ensure compliance with state law requirements and to ensure lhat the housing element mea,11ingfutty and adequately responds to the housing needs of the City's lower-income and homeless "",idenls. We understand that a proposal has been made by Human Potential Consultants, LLC to convert an existing building at 840 N. Sierrd Way into a homeless facility. We also understand that the original hearing (September 16,2008) on this application has been continued to October 21, 2008 to givc staff additional time and opportunity to research applicable state law in the context of some of the concerns that were raised in the public hearing process (including' impainnent of the integrity and character of thc land ase district; negative impacts on quality of life; security issues surrounding activities of the residents; disturbing the existing peace and harmony of the SWTOWlding residential neighborhood; nuisances of traffic, noise, light; security issues for children at play in the Seccombe Lake recreation area and walking to furore elementary school in close proximity; adverse lu Ih..: public interest, health, safety, convenience and welfare of City; site not physically suitable). Wean: wriling to advise you that the City would take a significant risk in making a decision to deny an emergency shelter under applicable I"w, including, but not limited to, California Senate Rill 2 ("SR 2") and the Housing Accountability Act. MhIL P-O. DOX 76900 . LOS hNCEl.!:S, CA 'JOC76-Q900 a TIL 21J.Jfl5.2971 FAX. 213.385.9089 . WWW.PUBUCCOUNSELORG f7herr i~ nn greater jWitice than equal Justice. ~ Received 10-10-1008 05:16pm From-113 385 9089 To-CITY OF SAN BERNAROI Page 001 .Prom: Public Counsel 213 385 9089 10/10/2008 18:34 11159 P.003/003 Page 201'2 You may be aware that the City has failed to adopt a housing element for the current phuming period (2008-2014), which was due to the Slate Department of Housing and Community Development ("HCD") by JWle 30, 2008. The City's adopted 2008-2014 housing element must comply with SB 2, effective JanullI)' I, 2008, which strengthened existing state law to provide opportunities for the development of emergency ahehers (as well as transitional and supportive housing) by ensuring that every local government has the zoning and land use controls in placc 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 anlllysis of both seasonal and annual need); . Identification of at least one zone permitting cmcrgency shelters without a conditional use penult or other discretionary review. This zone or zones must have sufficient capacity to meet all of lhe 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 ill< Zoning Code to provide a sufficient 7.one or 7.ones within one year of adoption of its housing elelllent. Based on the requirements outlined ahove, prioT to making any decision to deny this application, the City must assess wllether such denial woutd make it more difficult for the City to meet the requirements of SB 2 because, among other things, it lllust 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 stilt severely limited in its ahility 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. v cry truly yours, ~~~ Attorney Equal Justice Works Fellow Public Counsel Law Center cc: Teny Rahhahl, Planning Director (rahhahl le(a)sbciiV.ore) Aran Liang, Senior Planner (lian" ar(iUsbcitv_o.Ig) Received 10-10-1008 05:16pm From-113 385 9069 To-CITY OF SAN BERNARDI Pase 003 ATTACHMENT B 1~~._". "--".-'-- (krober 14, ~OO8 ('ity tlf San Bernardino .\I.s. Tern Rahhal, Planlllng Dm.:":hlr \k Aflt" Liang. Senillf Planner ~oo ~, D Strl'et San IkmarJmo, ('a 9241 S H:l-.:: Ctlp US-21. 840~. Slern Wa)', San Bernardino Dear \is. ROlhhal &: \1f. L lang- Thank you for laking the time to med wIth Iluman Potential Consultanb, L,L.e (1IPl,t hl.~t Wednesday. lklOOcr 101\.11,2008. Wr.: found the mCC'tmg tu be beneficial through [he clant) that was pW\'llh:d on a number "fpoints, In an effort to respond \:nmplctcly. w~ .lrC pfmiJing additJOnal rnaterial that may nO[ have hee" ..::m:ulatctl pnor :\Jdllion<llly. we are outlining some of our vision for the future use oflhe budding un X40 N. ";iara \\'ay With regard lu many uflhe 4uc~tl()nl'i .lbuut the site u!>e. integratIOn 1:1... part \lfthe ,>urroundmg l.;ommunity> and ~afety, we are including additional InfomlatlOn rl~gardlflg the safety plan as wdl as programmmg tbr the site. rhlS additional do\:umentatllln wllt ~ht)w a ..,tnct polky that all residents are rl.':quired 10 follow as t;:rm~ 01 their stay. The "afcty plan moniturs :md ensures that all pnli~:ies are being t:nfun:ed. rhere drl.' strll'l mgress:egres!'. control measures to reduce actiVity at the sIte \\.'e strongly helic\'e that tillS modd nut only serves hI ..-:rcatc ~Iru\:ttlrc and fO'itcr the growth and dcvcillrllllcnt lif lts rcsh.kms while they arc there, hut its pmgrd.mmmg alS<lulOsldcrs the ..,urmul1ljmg 111'lghhl1rhnod and rc~rlt't.:t... many {If lhe :-odOle "{Kial ratt{~rns ,>() "h III he a gmld nl:lghhllT It IS undcar. as was made e\.lJent In the medmg, that the Poilu.' Depdrtmcnt was rrovided all materials a"i presented hy IIpe "s such. those necessary items are enclm;ed "-Iso, JS \lfrhe dare ftl1..li:ttcr was "ubmittcd. City St<1tTha\c bl.."en unable to rt';h:h \ts Sharon Crawford t~)r follow-up, Other discrepalll:ies wt:re \critied in lhe meeting, <l.nd while many of thc~ lOaners were danficd, IllS our undcrstawJing lhat the staff n:plln WIll ne revl<,ed to retlect le'>s of a presumptuuus understandmg: ufthe hUllJing',:;j liSt.'. ;1/\...1 a more reasonable interpretation of the relevant f.u.:ts as they pertain It I the rropl."cd ll~l' ;l1ld lh appllcahihtv to the ell)"S zoning. code fn bcttt:f undcrst,'l.nd !he sitc_ an 3.cf131 phlltO IS hemg altal'hed as part uf tll1s ,>uhllut\al. .1'" \,-dlas photos Ilfthe nelghborhllot1 dire":lly surroundmg the Site. ("nntexl plays a k....) role In understanding \\h) !hlS ,~ite i~ perfectly "iltumed tt)r our propo<;ed llse 1M lhe ~hort Ie-Tm. While the City :tnd School DI<;tncts' plans for Ihe ;trca ~how great rromi.'>e for future gro\\.,th. II IS dc-ar thai neither the Seccombe Lake rcdevelopment. nor the IlCW elementary school are likely to ';OIllC to fnullon in the nt',t fe\,,' years. lIPe tnte-nd... to keep Ihe prnpeny in a manner that IS well groomed and attral.:lI\'L' 111 l1awrc, In an dft1ft to maintain the character oflhc cxh.ling area, IIPC proposed knung thall~ sunilar to thai nfthc adjan'nt ,,:cnletery, but it appc<tn..d to be kss lhan well rl.'cL'm.'d hy plnnmng <;talf In !helf rcpon, IWC IS open to altcmilti\-c pen meter f<:nClng malenals, ,md feels (har in ,:ombination with ;Joequate landscapl11g. the street 'ice-ne wtll be more than rrese-mahlc Whlie slalfwas most hdpful In ,t~:.i~tJn~ HPC to umJcr~land Its e,Jnl,:eTTls. IhtOre "ert" not "n~ ~llggC"~tlons from ~ratr on huw tu wurk \4ollh us un naftmg a \tntegy 10 makmg ,onfi.lrno..blc l:ommitments W1!hin the ('onJitional II~e Permit (ondltion... II P( was tJ'ill.cd with ~uggestmg altematl\'es to long term uc:;e tor the <oite, Some dl<;(USSI,)n 'iurroundmg a ';;umet clause' for the rermit wac:; made. hul "tatl was hesitant h) commit. II PC even ..uggested a deed restriction for the property, hut 'itaW" heliefv.as that it \vas (mly a start. and not something thc-y c~1111d ...nforr.:c, It IS t'lIr short tcrm ~ual. ilt thiS ~l!C. to bt: abk lu pro\ Ide: ~LT"I(C'S to lhe homl.:kss utilIZIng a :'>trategy that ha'i been prO\en to work rhe :Irea m whi1:h thiS DUlIJ1I1g IS kk;:-1tcd \,,111 allow Wi to begin taking ~trides in that JIrection, HOW("\cr,lhls location IS IlInJl~d 111 SI.lCt dnd \.\.111 only ~f\'C to begm a:'islstmg those III need It 1<; thc goal of HI'(' to e'\'entually rel(lCate to largl."T quarter!., lhl'rcby L'oO\L'r1mg !his bUllJing into a UMO thai would enhance the 'iurroundmg neig.hborhood I he rc\ IS\.'J lIse wllllndutic C(-.ntinll~d provision ,If ..;ervl.:es tor those III need i)f tr:'lInmg 10 the area. these "enH.:C's filay indudc lfainmg and ~CI"\'ICC'S complimentary to that ~lf In l'dUl'atlunal fauJiIY, GI\cn [he .1dJJl'cnt planned school, this lm:ation may h\.' ahle [0 prm'ide additl\)nal prngrammmg ,:atenng to the IllCal youth IIPC \\ 11Il.:lllll1OUC to \\'urk with the ~;.;hrlol dhtril.7tlo cro:atc;} partnership for provldmg <ouch courses \\Ith thIS proposal for future use. we arc ra!>kl~d wlIh finJing a mutually .lglC'l'ahlc rermlllo!ogy that will ~atl.sfy our mlcrcst 10 ix.'gm SCf\lfig (he homeless in this :ttea "hilI." guaranteeing the City ,md lis rc::.H.lcnts IhallhlS use will he rL'iocatcd nn..:e certain, Jgrl~cd IJpon. tngger actlom are reCl..;hcd. Such actions t:ould indude .;ueh things like rl'locatloll .1( II PC <;ervlce'i for the homdes'i to another area \Jm:c the ("emtkate nf Ol'ulpancy 1<; J<;,,;ul'd flU lhe "chool. (lr.'ihould the redevelopment Ol.'l.:ur fIr!>\. a I.-hangc In u!,e lied tu hlldding penmf I<;SUUnI..:C or :-.mlilar ;lppro\','ll could he utilized, IlPC l~ willing: toa..:tCpf ;1 conditIOn that llmits rhl,' usc uflhls faCility as a hOlndL'ss sheller ,1n\.'e re:l.->onJhle JI.'\I\'if~ (Ill Ihe afNcmcnt)oned plam [:Jke~ pl.ll:l' I. mall'.'. we have mduded fhc rck'YilnI -:tall..tic" nn the homeless poput:lllUll In San H..'ma~dinn. "len;lte Bll1 2 :d.." prm Ides a stTOng foundation for sllpp'-ll1lOg thiS IY~ of ['Cnmt Ihclr adHx'acy group has dlso prm,ided input un our proJCl.:t, ;md lhclr kuer i.. InduJ\."d. Uy fe'\ le\\lll{i!. Ill( nurn,",,=rs III These: .,L.1li:-'!J\.'~ In I;lndem wnh The \ IHt\'nl numtx'r tlf:n allahl~ <;Ior~ ,<;crvint.! lhc t'\llluTlunit) In a similar C:Jpacny ltllhlll III liP......., Ph.lbTdm. II hccomcs ..:lcar that Ihl5 type of project will prow Ide J. lltrgdy uIII.krscn-ed population 1.I.1Ih the tools nece:-sary 10 1I11cgralc had mto ~OCll:ty. Other ...lle's currently l)rcral1n~ In the City do not have the i.'apacity ro provide the extcn~I\'~ 1rammtt ,md programmmg that IIP(' has outlined, HP<. .... f;X:lI~ IS to serve [he Lommumty of San Ikm.'lTdino. As ~uch. their gt)al is ILl hire fwm \.\ !thin th( (1)n1ll1unity and ~'mrlny ;t... rT1an~ 'It' Iht.'lr rcsllknts ~lj{xcssful1y IIPe h,'l.lk.s (om-ard 10 lindm~ .t muttlall)' agn.'cat'lk' ~'lu!lollln "hun r~"nn.md long term ~U.'TLlflOS for IhlS "lie If ,my qUt.'''lltlfl'l nr ,h.idllllln.al m.Ul'llah. .trc r~'IIUln:J. plea!.e .:<--'nLact 'Jc('l~ MOlJnt.. .11 'J4N-':;9~-fl~":h nr nem nh~ :>,_!'r:!~\lII1n~__~"blll.lll ..(1m [ hank J ou l~\r ~"In '11m: ,mJ ,"Il~JJt"r.iUtln In thi.. m.lItt'r -;l11cC'rdy. (--'.I ) , .,Lf t3. ~<.tI Yl " r,J~~ Dr (iJrn~'1f 'l'\\Ull1l!x' cEO ! lurnan P,"\tentlal {',"'n"lllt"nt~. I I ( '1 tJfCLCON.ULU~.' ~c 'YO<J~II""to..".tt__F...tu~. 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 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 AEERC-Conditional Use Permit No. 08-2] Human Potential Consultants, LLC 101] 4/2008 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 lOx 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 inaressl earess 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 Human Potential Consultants, LLC 2 10/14/2008 The AEERC Emeraencv 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 policv/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 Human Potential Consultants, LLC 3 10114/2008 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 DisciDline 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 Human Potential Consultants. LLC 4 I Oil 4/2008 W ...J :=) C W ::J: o U) :E ~ C> o 0::: a. o to o ... !2 !e <> ~ ." " VI '> l!! 1\ ~-"'"..'" ~ l li,=~N ;: 0.= ,._dD . ~." ..t'. m ~ .E' -t~.E ~72bJ:C(Zc)W(/) ~'~'I .l! iI u u ,., . "0 e , U) - ~t 1!." ,e -, r:;'" ,., . "0 . .... .. . l! , ~ .... ... ,., . "0 : e "0 ~ .., vo Q .., - , '-' ~~~ - 0 o vo W..(U) U)z'" ......w u",,, '-' I;' ... : , .... ID ... '-' ,., . "0 e o '" ID ... .... .... ;:! U) . .s 1! u tt. '-' ID ... '- /, tif_ o)cc e ." <:;E "O~ e" . , ';;8 "" ,,'" . ~ u - ~ u .- -. .. 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'" "' '" u .K : ill!. ~~>_ ui IOmDU d .. f :IE u . . o .. > ~~ :1- '11 L~i :IE .. u & _>>lifi ::eGO: " E o u . '" "' '" U . '" "' :; u <> M 'i M d . :lEE' u'" VI '" i '" u . '" i '" u <> <> .n 6 M "" ... .;, " ~ ..' .-1 , " o iI Q. <> co ;.: ~ ... ... ... o ;::: > i!' " "S -0 ,,~ -5;: '" ~u mOO OU ~ ~ .a> ~ a> > a> ._ .- > .c > t.ccn o - ro _z ~w 0)1 >- ro S ro .... .... a> 0) Z o -.;t 00 E o .... '+- 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: o 44% Caucasian o 24% African American o 21.8% Hispanic/Latino · The gender breakdown of the respondents is as follows: o 63.1% are male o 35.8% are female · The age range ofthe highest numbers homeless respondents is as follows: o 31.3% are 41-50 o 27.1% are 31-40 o 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: o 33.9% of respondents are unemployed because they did not have a permanent address o 32.1% had no transportation o 29.3% had no phone o 24,3% were using Alcohol/Drugs o 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: o 21.9 % are on the streets of San Bernardino city o 11% are living in emergency shelters o 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 City Attorney Subject: 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 APPROVAL OF A BUILDING PERMIT WITHIN 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 IMMEDIA TEL Y. Dept: CITY ATTORNEY Date: October 17, 2008 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-I258 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 ofthe need for emergency homeless shelters. Recommended motion: That said Urgency Ordinance be adopted. o , ?L'I'V'--' e~ es F. Penman, City Attorney Contact person: Henry Empeiio. Jr.. Sr. Deoutv City Attornev Supporting data attached: Staff Report FUNDING REQUIREMENTS: Amount: Phone: Ward: Source: Finance: 5355 1st Council Notes: Agenda Item No. ;).. 4 F.\EMPENO\Ordmances',EmergencyShelten;.RCA-Urgency Ordinance. lO-16-08.v,'Pd STAFF REPORT Council Meeting Date: October 20, 2008 TO: FROM: DATE: AGENDA ITEM: Mayor and Common Council James F. Penman, City Attorney October 17, 2008 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 WITHIN AREAS OF THE IL, INDUSTRIAL LIGHT, LAND USE DISTRICT LYING SOUTH OF 3"0 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 of2007, effective January I, 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\EmergencyShclters Staff Report - IO-16-08.wpd However, Senate Bill 2 provides that where a local govemment I) 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 BiIl2 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 of3'd 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 A venue to SB Airport dated October I, 2008 C. San Bernardino County 2007 Homeless Census and Survey Comprehensive Report by Community Action Partnership D. City of San Bernardino 200712008 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 3 I, 2007 Financial Impact: Undetermined Recommendation: Adopt the Urgency Ordinance F:\EMPENO\Ordinances\EmcrgencyShelters Statl' Report. 10-16-08.wpd Adopted: October 20, 2008 Effective: October 20, 2008 ORDINANCE NO. Me-128B 2 3 4 5 6 7 8 9 10 II 12 13 14 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 APPROVAL OF A BUILDING PERMIT WITHIN 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. The Mayor and Common Council of the City of San Bernardino do ordain as follows: WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with the power to make and enforce all laws and regulations with respect to municipal affairs, subj ect only to the restrictions and limitations provided in the Charter or by State law; and WHEREAS, Sections 3 I and 121 of the City Charter provide for the adoption of an urgency ordinance for the immediate preservation of the public peace, health, or safety if passed by a two 15 16 17 18 19 20 21 22 third's (2/3) vote of the Council; and WHEREAS, Government Code Section 65858 provides that for the purpose of protecting the public safety, health, and welfare, the legislative body of a city may adopt, without following the procedures otherwise required prior to the adoption of a zoning ordinance, as an urgency measure, an interim ordinance, by a vote offourth-fifths (4/5) majority, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study 23 within a reasonable time; and 24 25 26 27 28 WHEREAS, effective January I, 2008, Chapter 633, Statutes of 2007 ("Senate Bill 2") amends California Government Code Section 65583 to require local governments to amend their General Plan Housing Element to identify a land use zone wherein emergency homeless shelters are F: "'.,EMPENO\Ordinances\EmergencyShelters. Urgency Ordinance 1 0-16-08. wpd I MC-1288 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 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 local agency shall not disapprove a land use application for an emergency shelter within any zone, or conditionally approve a land use application for an emergency shelter within any zone in such manner as to render the project infeasible, unless it makes written findings, based upon substantial evidence in the record as to one of five (5) findings; and WHEREAS, finding number five (5) under Government Code Section 65589.5(d) provides the exception that: 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 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. WHEREAS, finding number five (5) is subject to the further requirement that the exception is not available ifthe local agency has failed to identify a zone or zones wherein emergency shelters are allowed as a permitted use without a conditional use permit or other discretionary permit; and WHEREAS, through the adoption of an urgency ordinance amending the City of San 19 20 21 Bernardino Development Code which identifies a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, the City will be 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\EmergencyShelters. Urgency Ordinance 10-16-08 .wpd 2 MC-1288 ordinance may constitute substantial compliance with Senate Bill 2; and 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the City of San Bernardino Development Code currently includes emergency homeless shelters in the category of social services with residential components, which are allowed as a conditionally permitted use City-wide in several residential and commercial land use districts and throughout the IL, Industrial Light land use district with such conditions that do not render such projects infeasible for development; and WHEREAS, the City of San Bernardino, in a variety of locations, currently has several existing emergency shelters which provide a total of267 beds for the homeless, in addition to the Salvation Army's I24-bed year round homeless shelter for men currently under construction within the proposed Emergency Shelter Overlay Zone, at 363 South Doolittle Road, and another Salvation Army I 50-bed homeless shelter for families and children at 925 W. 10th Street, which application is currently under review (see list of service providers attached as Exhibit A to the Staff Report and which is incorporated herein by reference); and WHEREAS, on May 19, 2008, the City of San Bernardino retained a consultant, The Planning Center, to update the General Plan Housing Element. The Planning Center has extensive experience with housing element preparation and the certification review process with the California Department of Housing and Community Development (HCD). The City's Request for Proposals issued on January 2,2008, specifically stated that an update of the City's General Plan Housing Element in compliance with Senate Bill 2 was needed, among other requirements. The City's contract with The Planning Center specifically listed the requirements of Senate Bill 2 in the Scope of Work, including an identification and analysis of the needs of homeless persons and families in 27 28 the City of San Bernardino as required by Senate Bill 2; and WHEREAS, as identified on HCD's website as of October 17,2008, no city out of the 24 F :\EM PENO\Ordinances\EmergencyShelters. Urgency Ordinance 10-16-08. wpd 3 26 27 28 MC-1288 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cities in the County of San Bernardino and no city out of the 24 cities in the County of Riverside has adopted and received HCD certification of a revised Housing Element; and WHEREAS, in spite of significant budget cuts and the loss of numerous employees, the City of San Bernardino has made substantial progress in complying with the requirements of Senate Bill 2. The Preliminary Draft of the revised Housing Element is expected from The Planning Center in November 2008; and WHEREAS, the Mayor and Council recognize that Senate Bill 2 requires that the City's General Plan Housing Element must include land use zones which will provide sufficient opportunities for new emergency shelters to meet the need identified in the consultant's analysis; and WHEREAS, the Mayor and Council find that the existing emergency shelters, the emergency shelters under construction, and the new emergency shelters proposed for construction, together with opportunities for development of new emergency shelters in the residential and commercial land use districts with the approval of a Conditional Use Permit, and the adoption of this Urgency Ordinance, which will permit new emergency shelters with approval of a building permit within the !L, Industrial Light, Land Use District lying South of 3'd Street, East of W aterman Avenue, and North of Central A venue (520.3 acres), will provide sufficient emergency shelters to meet the needs of the homeless in the City of San Bernardino in the interim, until a revised Housing Element in full compliance with Senate Bill 2 is adopted by the City. WHEREAS, the Mayor and Common Council make the following findings of a current and immediate threat to the public health, safety and welfare as required by California Government Code Section 65858: I. The City of San Bernardino has sufficient emergency shelters, transitional and supportive housing facilities in existence as "grand fathered" uses under prior versions of the F :\EMPENO\Ordinances\EmergencyShelters. Urgency Ordinance 10-16.08. wpd 4 I 2 3 4 5 2. 6 7 8 9 10 II 3. 12 13 14 15 16 17 18 19 4. 20 21 22 23 24 5. 25 26 27 28 MC-1288 Development Code. It also has numerous low-income housing developments and government subsidized housing facilities which lower the threshold of the transition from homelessness to sheltered. As a consequence of the recent housing crisis and of previous housing crises, the City of San Bernardino has experienced a history of housing affordability relative to other communities which has facilitated the location in San Bernardino of sufficient emergency shelters, transitional and supportive housing facilities that accommodate six (6) or fewer unrelated adults and are not therefore subject to regulation by the City. Because of the systemic hostility of other regional entities to the presence of homeless persons, the City of San Bernardino is in the same posture as downtown Los Angeles in terms of the disproportionate supply of shelter and service providers across the region that has led to a disproportionate concentration of homeless persons in the City of San Bernardino. There exists a confusion as to the needs of the San Bernardino homeless, the regional homeless who migrate to San Bernardino, and the national homeless for whom San Bernardino is a warm weather stop. The concentration of homeless persons in the City of San Bernardino, including the mentally ill and those suffering substance abuse, is detrimental to their rehabilitation in that they have developed in some instances, and have become part of informal but enduring networks that support their illness against the efforts of the local institutions for their rehabilitation. The improper location of emergency shelters in all parts ofthe City of San Bernardino, at this time of economic crisis in the housing market, will facilitate the entrenchment ofland uses in such manner as to further perpetuate the disproportionate distribution of services across the region and will in fact serve to accelerate the processes Senate Bill 2 seeks to defeat. F:\EMPENO\Ordinances\EmergencyShelters. Urgency Ordinance 10-] 6-08.wpd 5 24 25 26 27 28 MC-12BB I 2 3 4 5 6 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: Section 1. The Mayor and Common Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. Section 2. 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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 19.02.050 DEFINITIONS Emergency Shelter. As used in Government Code Section 65582, 65583, and 65589.5 (Senate Bill-2), and as defined in Health and Safety Code Section 50801 (e), "emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Also referred to as a "homeless shelter", "homeless facility", or "social service center with a residential component." Section 3. San BemardinoMunicipal Code (Development Code) Section 19.08.020, Table 08.01, Industrial Districts List of Permitted Uses, is hereby amended to allow Emergency Shelters as a permitted use, requiring a building permit in the Emergency Shelter Overlay District of the IL, Industrial Light, Land Use District pursuant to Development Code Chapter 19. IO-E, see Exhibit A, attached hereto and incorporated herein, Section 4. San Bernardino Municipal Code (Development Code) Chapter 19. I O-E. Emergency Shelter Overlay District, is hereby added to read as shown on Exhibit B, attached hereto and incorporated herein. F:\EMPENO\Ordinances\EmergencyShelters,Urgency Ordinance lO-16-08,\'...pd 6 HC-1288 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Section 5. Pursuant to the requirements of Senate Bill 2, the Mayor and Common Council hereby direct the Development Services Department to implement a program to amend the City's zoning ordinances to meet the requirements of Government Code Section 65583(a)( 4)(A) within one year of the adoption of the City's revised Housing Element of the General Plan. Section 6: This Ordinance is based upon the recitals and findings set forth above, and the accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the authority granted to the City of San Bernardino in Article I I, Section 7 of the California Constitution, and Sections 31, 40(z), and 121 of the Charter of the City of San Bernardino and California Government Code Section 65858. Section 7: Pursuant to Sections 3 I and 121 of the Charter of the City of San Bernardino and Government Code Section 65858, this Ordinance shall take effect immediately. This Ordinance shall be of no further force and effect 45 days from its date of adoption unless extended by action of the Mayor and Common Council. Section 8: Compliance with the California Environmental Quality Act. The Mayor and Common Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 1506 I (b )(3) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the 24 environment, directly or indirectly. 25 26 27 Severability. If any section, subsection, subdivision, sentence, clause or Section 9: phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or 28 F :\EMPENO\Ordinances\EmergencyShclters. Urgency Ordinance IO-16-08.wpd 7 MC-1288 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby declares that it would have adopted each section irrespective of the fact that anyone or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. III III III F :\EMPENO\Ordinances\EmergencyShelters. Urgency Ordinance 10-] 6-08, wpd 8 MC-1288 I 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 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 NORTH OF CENTRAL AVENUE, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY. 3 5 6 7 8 9 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Council of the City of San Bernardino at a it regular meeting thereof, held on the20th day of October , 2008, by the following vote, to wit: 10 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT II ESTRADA X 12 BAXTER X 13 14 BRINKER X 15 DERRY X - 16 KELLEY X 17 JOHNSON X 18 MC CAMMACK X 19 - 20 21 22 23 24 Q...J..l .( ~ _ ~ Rach'el Clark, City Clerk The foregoing Ordinance is hereby approved this ;I, / j~ay of October ,2008. 25 r 26 Approved as to form: JAMES F. PE~'MAN 27 City Attorney r r 28 ') ~ 9 Me-l288 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 IL IH IE l. Accessory structures/uses typically appurtenant to a 0 0 0 0 0 principally permitted land use activity; 2. Agricultural Production-crops; 0 0 3. Agricultural Services; 0 0 0 4. Assembling, cleaning, manufacturing, processing, 0 0' 0 0 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 0 0 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 ill 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; 0 0 0 8. Dwelling unit for a full-time security guard and family; 0 0 0 9. Educalional Service, including day care: D D D C 10. Emen!encv Shelters __eo 11. EntertainmentlRecreational Uses: A. Adult Entertainment C C B. Auditoriums, Convention Halls and Theaters C C F:\EMPENO\Ordinances\Emergency Sheller~ Industrial Districts witb E oH~rlalIO-16-08.doc KC-1288 LAND USE ACTIVITY CD OIP IL IH IE 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 ParlorslMortuaries; D D D IS. Gasoline Service Stations; D D D 16. HeliportslHelipads; 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 fratemallodges; 19. MininglExtraction, 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 D' 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. PublishinglPrinting 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 D' D' 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. TransportstionlDistribution; 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 F;\EMPENO\Ordinances\Emergencj' Shelters Industrial Districts with E ovcrla)' IO-16-08.doc MC-1288 LAND USE ACTIVITY cn OIP 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 CenterslBlueprinting; D D D D. Equestrian Trails; P P P P P E. FenceslWalls; D D D D D F. PoliceIFire 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. ~Perrnitted in the Emer2encv Shelter Overlav District in the IL District oursuant to Chaoter 19.1 O-E._ 3 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). III III F:\E.'\1PENO\Ordinanccs\Emcrgcnc)' Shelters Industrial Districts with E onrla)' 10-16-08.doc KC-1288 EXHIBIT B CHAPTER 19.10-E EMERGENCY SHEL TER OVERLAY DISTRICT 19.10-E.OlO PURPOSE The ourpose of this chapter is to provide for an area within the IL. Industrial Light land use district. as referenced in Table 08.01 of Chaoter 19.08. where emergency shelters. in accordance with Government Code Section 65583. are allowed as a permitted use without a conditional use oermit. or other discretionarY oermit. Recognizing the need for available and affordable sites for establishment of emergencv shelters uses outside the traditional locations in residential and commercial districts. the Emerstencv Shelter Overlay District orovides an area within the IL district for new emergency shelters to be integrated with light industrial uses and existing social services in the area. The oUlJlose of the designated boundaries (area of aopIicabiIitv) is to maximize the ootential for coooeration and sYnergy of emergencv shelters and social services in the Emergencv Shelter Overlay District. 19.10-E.020 AREA OF APPLICABILITY The Emerstencv Shelter Overlay District shall apoIv to the IL. Industrial Light land use district lYing east of Waterman Avenue, south of 3'. 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 Emergencv Shelter Overlay District shall be to define the area of aooIicabiIitv where emerl!encv shelters shall also be oermitted with the aODfoval of a building permit. and to add general and soecific develooment standards for emergency shelters within the IT.. land use district. 19.10-E.030 GENERAL PROVISIONS I. Emergencv shelters located within the Emergencv Shelter Overlav District shall be develooed and ooerated according to the land use regulations. develooment standards and design guidelines for the IL District in this Chaoter 19. IO-E and in Chapter 19.08 Industrial Districts. 2. Emergencv shelters shall be permitted with the approval of a building permit within the Emergency Shelter Overlav District as soecified in Table 08.01 in Chaoter 19.08. F:\E;\1PENO\Ordinances\EmergencyShelten Chap 19.10-E - 10-16-08.doc MC-1288 19.10-E.040 DEVELOPMENT STANDARDS I. The following standards shall applv to the development of specific emergencv shelters within the Emergencv Shelter Overlay District: A. EMERGENCY SHELTERS Emergencv shelters. providing temporarY housing and support services to homeless persons, shall be permitted in the Emergencv Shelter Overlay District of the !L, Industrial Light land use district. subi ect to the standards in this Section. As social services with residential components. emergencv shelters are also conditionallv permitted in several residential and commercial land use districts and throughout the !L. Industrial Light land use district. The following standards shall be required for development or establishment of emergencv shelters in the Emergencv Shelter Overlav District: (J) The maximum resident capacitv shall be 50: (2) The maximum length of stav 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 anv existing singIe-famiIv residence. K-I2 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)(J); (6) No emergencv shelter shall be established on any site less than 300 feet from the site of another emergencv 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 ernpIoyee on the largest shift plus one space for each agencv vehicle plus three visitor spaces. whichever is greater: (8) Fencing and exterior lighting conforming to the development standards of Chapter 19.20 shall be required to ensure the securitv of site residents: (9) A security and management plan shall be required to demonstrate adequate plans and capabilitv 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 phvsical improvements intended to provide or enhance securitv for residents and staff: F:\E!\1PENO\Ordinances\EmergencyShelters Chap 19.10-[ ~ 10-16-08.doc MC-1288 Staffin Ians includin the ualifications and res onsibiIities of all staff members and the number and positions of emplovees on each shift: c Procedures and olicies for screenin of otentiaI residents to identif 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 Su ort services to be offered to residents incIudin life skills tramm counseling. referral to other service agencies and iob placement assistance: (t) Plans to coordinate services of the facility with other homeless service providers in San Bernardino County, to improve the effectiveness of the network of agencies serving the homeless, countYWide. F:\E\1PENO\Ordinances\EmergencySheJters Chap 19.IO-E ~ JO-l~8.doc ) SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION ') ,~"," '.',. , .~ j CASE: AGENDA ITEM: HEARING DATE: WARD: Conditional Use Permit No. 08-21 8 September 16, 2008 I OWNERS: Faith Temple AP Ministries 840 N. Sierra Way San Bernardino, CA 92401 909.215.8683 ARCIDTECT: Doug Schultz 570 E. LaCadena Dr. Riverside, CA 92507 951.686.3344 APPLICANT: Garnett Newcombe Human Potential Consultants. LLC 500 E. Carson Plaza, Dr., No. 127 Carson, CA 90746 310.756.1560 REQUESTILOCA TION: 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/OVERLA YS: None ENVIRONMENTAL FINDINGS: o Not Applicable Ii'l Potentially Exempt from CEQA, ~lS301- Existing Facilities o No Significant Effects o Potential Effects, Mitigation Measures and Mitigation MonitoringlReporting Program STAFF RECOMMENDATION: o Approval o Conditions Ii'l Denial o Continuance to: CUP No. 08-2/ September /6. 2008 Page 2 ') PROJECT DESCRIPTION The proposal is a request for approval of a Conditional Use Permit under the authority of Development Code 919.36.050 and 919.04.020 Table 04.01(1)(1) 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 8th Street in the RM, Residential Medium land use district (Attachmt:nts 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 persona,l 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 C). SETTING/SITE CHARACTERISTICS The project site consists of two parcels, approximately 112 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 corner of Sierra Way and 8th 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 201 I. BACKGROUND The DevelopmentJEnvironmental Review Committee (DIERC) 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. .)" . <"'c ~'t' ;) ) CUP Ao 08-cJ Sepremha J 6. ]()OS Pagl' 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 applicanl 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 \\ as continued for revisions. On July I, 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 ilem 10 the Planning Commission for a public he~i.ing. 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 OUALITY ACT (CEQA) The project is potentially exempt from CEQA under S 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 ofland use impacts. ANAL YSIS 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. CLP Nu 08.:1 Sl'pfemhl.!r /6. ](j{)8 Pug.' ../ ) Lincoln II Elementarv School: A new elementary school site is planned only 150 feet south of Ihe proposed project sitc, at the southwest corner of Sierra Way and 8th Streel. 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 rcquired to mcet thc needs of a gro\\ing 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 potcntially serious land use conflict. Daily "foot-traffic" by neighborhood children who mayor 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 7th 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 i.. ....:....~..h Seccomdbe Lakef~ecreationharea are alsod p\lanned. Congrdelgationblofhhomeless individuals tends to .'.jI cause a verse eLects suc as mcrease ollenng, van a Ism, Ig t, nOise, tresspassmg, cnme, 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 Ihe subject area, and other conditions Ihat 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 alld character of the subject lalld 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, there is a high likelihood that the proposed homeless facility would impair the integrity and CUP No. 08-2 J September J 6. 2008 Poge 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 S 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 eXlstmg 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. '" ) ~ ir' . '"\ ?I '\ j CUP No. 08-2/ Septemher /6. 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 he ohjectionable 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 charaCkristics 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 Y, 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. 7. 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 all Findings of Fact required for approval of Conditional Use Permit No. 08-2 I. -~) 'h_. "" ) ,~ . ) . CLP .\0 OS.:' I Sl!plt'mher /6, lO()8 p(Jgl' ~ RECOl\lMENDA nON Staff recommends that the Planning Commission deny Conditional Use Pern1it No. 08-21 based on the Findings of Fact contained in the Staff Report. Respectfully Submitted, r~(.~ Valerie C. Ross Director of Development Services , ~ L'V Aron Liang Senior Planner AttaclU11ent 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 ''''1). -" 1) ) ATTACHMENT A CITY OF SAN BERNARDINO LOCATION MAP PLANNING DIVISION HEARING DATE: 09/16/2008 PROJECT: CUP 08-21 I I \ '. :"'n jil .,"'\ ^' ;J ~:~> "~',,.n:;~~""'-""""" .,.,...,.""".....,....-.."...>lU .' ~-- :~..,; .__.,."~..--,,.- . l' . .~. I . I . ~-_-"-...'7i:iil..<t'i';;'-lIl:) -, (C) City of San Bernardino ; iI;;~"'r,'" ........~.......I.l.I1*1f o c::::::J 42ft NORTH - ATTACHMENT B I~i I:~: ~; ). z' '.~ -.f' , I I , I 'ijisil U~miU ~ I ..h · i ~ ,"03 m I ~ m~ ! x!lii)! ~ LU! 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II'IOIlSDll!AWU 3UlE:1lI S,IIollDJlAllDllO.U12110 CAltSCll.e.t..OHII ij IHI I!. l!t. i I ) <) .,~ } ~ _3' ~ ~ ~ ~ ~ ~ ~ .pi 15 h ;~ !! -~ Q:Ul..,nM\To/rIU ~I :I .., .. LOCXClIII_1 .;1> II I . " o o . . ~ HOMELESS FACILllY SAN BERNARDINO -- _~lDII!U.T.wlS N1I1.SIOal.' =tlr::-lIUlo\.~ WllIDIIWllIIIO.tAn410 CAII5tIl,CAto'I. . m ~ ~ . o o ~ m Z ); . ~ m ~ m Z ~ ~ ); Z 0000 !!iii!IU I h;e~!ln · i'l;hl i Ih~ :_ I 6 jpl I I ~! ~ Ii\;~- "'ore II A._.ao=H-.= __ ..... ..,.....~IIC _ -. I Ol:>Uot",. A. Sc,",ulta .' Arc""_t ...ml ~. ~ ,Im<~_.~_~'_"~".'.' .' ~ JI ..__"....no., " I ("')'__>>44 "_;("')_77" Illl lir ~J._,,~~ > r'--~ ~'~'!'"._~~-r,.. ,'. .t.;;; #4: .) // / ). :" ~ .1..__......... '. , " 'I~:i~". . ~~i(",,";'f1~'~':;"I;r, .' ~(~ .C ',.., '1"1 ".~.,,~ " "'0. . 'Iii"" . ',. . ",' ,., '.~, G.. ,. co,,". "". 'i.L.'i!i{i'/.. . ;');~~.~. ' ";.' +iJ'" 't. '.,:, .~ i';';~l'~,f. ';. >, ' .~.. '.. . '" '. . '. . ;>\~: ,. '. .:'1>. 'c' ~~." ;~. fiT ". :.;l!l."'.... ," ." "\" LiV~~~i' ,j~~'.... : ~:;:'( . .... " . -, . '!"... , .;....'.... ,.~ \ '.... \ ........ "'..... .~ .'......." ;<;, 4 . .......-.-...,"'->-":'" - ) " <" It.;M''''''';~f .~, ,,':." - ,,,,,(~'"!' ",.::'.- ;~~ "~. .,..jf ,.... c!'< '. _ ,,~::'r"'':- .~~~'-~:Ft~'j~ ~'T , '" r ,'t; ',-p. , ) ATTACHMENT C HUMAN POTENTIAL CONSULTANTS "Your Link to a Better Future" .1Wh..' 1 t). 2(jlio De\ dopmental Services Department 3t1t1 :\orth "D" Street San Bernardin,). c.\ 9::C-l18-000 I Sl 'B.lFCT: Bal'kground on Human Potential Consultants and Analysis of the Proposed Adult Homeless and Resource Center A130lT lS ') ......- . btabli,hed in ]997, Iluman Potential Consultants. LLC (HPCI is certit;,'d b\ the {' S Smalll~u,iness ,\dminhtration as a Small Disad\antaged l3usiness and ~Ia) linn: the State ,)fCalifornia Smedl Rusiness and Los Angeles County Small Bu,iness E11lerrri'L'. Headquarters in C,lrson. CA. HPC was originally loul1Lkd as an "alternati\e reS'Hlrce" I;,r the One-Step Center, throughout Los Angeles County. As a result of an impec, "hie' reputation throughout the nation for building local economies through long-tcrml"l" within the communities where their respective projects are located. HI'C b,'gall t,' ,'\p;ln.1 inw th.: n:alm of managing \\.'orkfol"ce centered projects .J.nd oLltplacement s(;:n'ICL'S l\.lr displdeed employees: administrative support stafling services: and adult educati"nal and ,'ccupational residel1lial centers, Sl.\l.\IARY DESCRIPTIO"" OF PIWGRAM rhe pr,)pos.:d Adult Homeless and Res"ure.: Center should n"t be c"nfuscd \\ il11 a drug treatment or drug rehabilitation cent.:r. ()n Ih.: other han.L th.: ,\dult I lumekss alld Rl:suurce Center is a r-=:sidentiaJ training and employment OJ1PlirlUnit: that addrl..'.'i~L'S tl1t' multiple harriers ufemployment experienced by adldts. \\ho Lick CdUC;ltll"l 'Ind \ \lc,ltl\ltlal skill" ~ I PC" s .. \d u! t II~ HllL'icss and Rc~olln.>...' C'':IllL'r :-;h~lIl pru\"idL' .1 (( 1 III pr:.....lll'J1:-;J\ L' ;.,: ~lr\..'L'r dl.:\I.:lopn1L'I1[ :-iLT\'ic:....'-" w rcsiuclu:-. induJing al'aLkmic. sl,}l..'ia! and il1(J:....'PL'lllknt li\ing skills. 1..:<.1["\..'\..'1' l"L'adiJl\..'ss training and uth.:r :->Llppnni\\..' :-i"::1"\ iCL'S. ThL' LJI1I~ILlL' ~llll,-dgall1ati\)ll~ "'-- ..-r,; j 500 E.Carson Plaza Drive. Suite 127 ' (arson, CA 90746 . T. (3101756- 1560 ' f. (310) 756.1562 . info@hpcemployment.org .,. ,;I HPC .\nal:sis l1rlh~ Proposed Adult HOlllckss &. Resource C\;'llkr PCl!!e ~ 6 19 cUOS l1fcarea oriented sen ices are wilored to each residcnt's need: the skill I11i~ture ,11:111 allow each resident to maintain a job. The C\.'ntt'!' ~h~dl ~",n)\ide the follo\\'ing sen'ices in a drug free t.::'n\irol1l11t..'nt: . Social. employability and living skills training: . Career counseling and other support services. which are tailored to each resident's need: . Academic enrichment. which prepares residents for long-term sustainability In today's labor market. The Center shall provide care and supervision to adults (18 - 59 years of age) on a long- term basis (up to 6 months on continual residency). ADLL T HOMELESS AND RESOLRCE CEC\'TER OPERA TIO:'\S ~ ,1" 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. SEClRITY Access to the lobby will be tightly monitored and controlled by statl. An intercom with an enunciator shall be provided to notify staff that someone is waiting. The dormitory areas will be constantly monitored. E~terior door alarms \\ ill be provided to prcvent Ihe entrance and e~it of anyone. Technologically advanced securily cameras shall monitor the entire e~terior parameters: additiL1l1allighting will illuminate the e~terior. I"TAKE, REGISTRATION AND ENROLLME'IT The number of residents shall not e~ceed 56 at any L1ne time and all residents \I ill be dropped-off and picked-up by means of HPCs transportation L1epartment. :--';0 residents shall be permitted to arrive or depart via their own vehicle. The C enter 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. " J ) HPC Analysis l)fth~ PropllS~d Adult HOIll~J~ss & Resource Center P~E.!.t' ~ 619 :'008 DORMITORY '''' , 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 TABLE I DOl"miton COlltl"u''''liolls Typical living quarters will provide adequate number of functionaL clean. full service bathrooms such as: toilets/urinals (1: 1 0); sinks (1: 1 0) and showers (I :20). A recreational room for studying. writing. reading and viewing television shall be provided. Accessible living quarters shall be provided to persons with a disability in accordance with the Americans with Disabilities Act. KITCHE;\I/DINING ,) A central kitchen and dinning facility will provide meals and snacks for residents. The dininl! room will be furnished with round tables intended to encoural!C IiUllih-stvle eatinl! ... ... " "- and interactions. ~, A .J -~/ GARNETT NEWCOMBE, CEO HUMAN POTENTIAL CONSULTANTS, LLC 500 E. Carson Plaza Drive, Suite 127 I.. ..~...'... Carson. CA 90746 :"T. 310.756.1560 '.' F.310.756.1562 www.hpcemployment.org 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 I DAILY SCHEDULE I \10NDA Y -FRIDAY SATlJRDA Y SUNDAY : 6:00 A.\1. - 8:00 A.M. - 8:00 A.\1. - ! Wake un Wake un Wake up [ 10:30 P.M- 12:30 P.M.- 12:30 P.M.- I , ut Lights 0 , LIghls 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. Time of Day Case Managers Resident Assistants Administration I Shift 1st Shift 20d Shift 3" Shift 1" Shlft 6:00 A.M. 3 3 7:00 A.M. 3 8:00 A.M. 5 3 I 9:00 A.\1. 5 ,3 I I 10:00 A.M. 5 3 I II :00 A.M. 5 3 I 12:00 P.M. 5 3 1 1:00 P.\1. 5 3 1 2:00 P.M. 5 I 3 I 3:00 P.M. 5 [3 I . Shift Chan.e 4:00 P.M. 5 3 I 5:00 P.M. 5 3 I 6:00 P.M. 3 Weekday Daily Supervision Staff Schedule 0) ..Y Table 3. Typical Activity Schedule for Residents DAILY SCHEDULE ! SATCRDAY 8:00 A.M. - Wake up 8:30. Breakfast 9:30 . Resident Meeting 10-11:30 . Programrrllng 12:00 P. M. . Lunch 1 :00.3:00. Visiting 4:00 . Reflection i 5:00 - Dmner 6:00 -Recreation 7:00-9:00 -Group Meetings 8:00 - Snack 12 :30 - Lights out )' ,"'. ~,';:; ), MO'iDA Y -FRIDA Y 6:00 A.M. - Wake up 7:00 . Breakfast 8:00 - Resident Meeting 3:30-11:30 -Progrllnmling 12:00 P.M. . Lunch 1:00.4:00 - Programming 4:00 . Reflection 5:00 . Dinner 6:00 - Recreation 7:00-9:00 - Group Meetings 8:00 - Snack 10:30 - Lights oul 12:30 AM (FRIDAY) , SL"NDA Y I 8:00 A.M. - Wake up 18:30. Breakfast . 9:30 .Resident Meeting 10-11:30 - Progranuning 12:00 P.M. Lunch 1:00-3:00 - Visiting 4:00 -Reflection 5:0U .Dmner 6:00 .Recreation 7:00-9:00 - Group Meetings 8:00 - Snack 12:30 - Lights Ollt 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 MONDA Y-FRIDA Y SATURDA Y SUNDAY 6:00 A. M. - Breakfast 8:30 A. M. - Breakfast 8:30 A. M. - Breakfasl 112:00 P.M - Noon Lunch 12:00 P.M. - :-ioon 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 MONDA Y -FRIDAY SATURDAY SUNDAY 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 /~ j,., 6. HPC's transportation department - A) How many vehieles 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 Dav I Case Manaaers I Resident Assistants ! Administrative ) , 0 ! ; Slaff I IShif1 IslShin 2"' Shin 3" Shin I 1" Shin . 6:00 A.M. 3 3 I 7:00 A.M. 3 ! 8:00 A.M. 5 3 1 I 9:00 A.M. 5 3 1 , 10:00 A.M. . 5 '3 1 11:00A.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. 5 3 1 5:00 P.M. , 5 3 1 6:00 P.M 3 7:00 P.M. 3 8:00 P.M. 3 9:00 P.M. 3 10:00 P.M. 3 I 11:00P.M. 3 I Shift Change 12:00 A.M. 3 i 1:00 A.M. 3 2:00 A.M. 3 3:00 A.M. 3 , 4:00 A.M. 3 ! 5:00 A.M. 3 6:00 A.M. i 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. ~~ ,~;i' 3 !." -Sill }'< ."'.- -..-;".,.,' -." ~ ~ ..1 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. ...... ~HPC HUMAN POTENTIAL CONSULTANTS, LLC .Your link 10 a Betler Future. ().... -"-J 500 E. Carson Plaza Dr.. Suite 127 Carson. California 90746 T. (310) 756.1560 F. (310) 756.1562 www.hpccmploymcnt.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 ~) ,'-,c';" ....'.: 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. '"'} i....,'::; ;;".': '., 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 0/67 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 lOx 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 inaressl earess 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-Condilional Use Permit No. 08-21 Human Potential Consultants. LLC 2 8/1312008 () The AEERC Emeraencv Evacuation Dlan 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 (OCP) 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 DOlicv/Drocedures 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 Human Potential Consultants. LLC 3 811312008 [~ "iI ~ ~~-,,:~ '.'),:, ' J A. Unauthorized Property/Illegal Contraband/Illegal Drugs and Controlled Substance Defined General Guidelines on Search and Seizure Policy and Authorized Personnel Facility Search Procedures. Seizure Definition/Policy Staff Reporting of Contraband B, C. D. E. 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' Proaressive DisciDline Poliev 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, Jtu7i~ I Garnett Newcombe CEO AEERC-Conditional Use Permit No. 08-21 Human Potential Consultants. LLC 4 8/13/2008 City of San Bernardino S~ Bernardino Police Department Interoffice Memorandum ATTACHMENT 0 1') ," To: Planning Commission From: Sergeant Ronald Maass, Central District Operations Supervisor Subjcct: 840 N. Sierra Way Date: Scptcmber 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. Sierra Way. The last information received referred in general terms to the existence of a plan, referenced in their operations manual. The response mcntioned the use of several security cameras, and referred to staff members trained as "guards/monitors" who would be "trained in all matters related to cmergency 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 basically comparable size and generalized client base. There are no similar facilities 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 TIlE SHPD IS CO",I",HTfED TO PROVIDING- [lIH)(;RI:SSJ\T (JL.\UTY PC )]J(].: SI.:R\'[(]':; .\ S.\FI': E~\"IR(r'\IEt'\T T(J I.\IPR()\'E TJ II:: (JL~.\LrlY OF LIFE; .\ REDL'CTICl:--'; 1~ UU.\[!-: Tl mDL'(;ll PROHLL\! RECOG;-";ITI()~ .\"""'.;D PRUl:H.EM SOI.\'I:\JC; Page 2 .~ ',';11 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. ) ) ) ,) 07,03:2008 14:19 '3516531164 HPC ATTACHMENT E SAN BERNARDINO C/1Y UNIFIED SCHOOL DISTRICT Arturo Delgado, Ed.D. Superintendent Judy D. White, Ed.D, Deputy Superintendent June 25, 2008 To Whom It May Concern: The San Bernardino City Unified School District is in suppon of Homeless Programs that are designed to provide comprehensive support to homeless filmilies. According to our homeless liaison, Mrs. Viclcie 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 homeIessness 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 of2009, with a projected completion of 16-18 months. The planned opening date for the school is August of201 I. 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 infonnation or concerns about the location. Sincerely, jJ, -fl-1;/). c:Ju JUDY D. WHITE Deputy Superintendent JDW:d Deputy Superintendent m North F S1reet. San Bernardino, CA 92410. (909) 3&4--1471 . Fax (909) 88~92. judy.whne@lbculld.kI2,C:Ul8 7) I) '-) .iI ATTACHMENT F RE: Conditional Use Permit No. 08-21 Ward No. I 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 9th 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 924 I 0 909-889-96 I I NOV-7-2008 05:43P FROM: TO: 18554912108 EXHIBIT 3 CITY OF SAN BERNARDINO Development Services Department, Planning Division 300 North "Dn Street, 3rd Floor San Bernardino, CA 9241 8 Phone (909) 384-5057 . Fax (909) 384-5080 Web address: www.sbcityorg APPLICA nON FOR APPEAL APPEAL FROM A DECISION OF THE (check one) o Development Services Director o Development'Environmental Review Committee ,& Planning Commission Case number(s): C ond i +, Of) ~ L U.S C- A ?D8~07 No, !)g.2- I Project address: glfD NoftTI-1 ,S/e..y,Ct Wft'! S:Cn 4~f1Md'n..{) .cA J Appellant's narne:---1-krnCl ,,{.He {) +-, Cl I ("'<) (\S L.l. l-lzr (\+<" I LLC- ~c.M-- ~ \e,\'I.)(:o\'V\.'oe- Appellant's address: 500 E. CA-(2.s/){\J---P(az-~ DIf-,'*"-12..7 C:c,vstlN Ct1.2DJlf.b . Appcllant's phone: :s I D 7 ,,-1:, .' I ~-lo 0 Appellant's e-mail address:_..h n<1."': (' e i" b.. @aLli, LOOl Contact person's name: L,Af2-rJli_Tr Np,.Jc..omne. Contact person's address: 5 LJ (} E, Co. y s. ,> (I) '--p I A- 2- A Contact person's phone: :5 10 '7)" 0- , 5'6 () Contact person's e-mail address: J1NuJC","",b.;Cfhti>,com A 1 ~ -,:f 0 f l( 0 _ 21. z.. - ,1.- c.OCl 0 P 12. ::#- J2 7 CZr'J,~" , (II , 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 or(he appeal. You will be notified, in writing, ofthe specific date and time ofihe appeal hearing. OFFICE USE ONLY "'" 'P'""filMgiZ 0 f 'l ~ . Received by: ~L ,/ ./ If - ,-( r.-.' ~ ,_: _I ,ii\ \ i/'/' ;.i' )'.'-" .1 I \". I.J .., '" --.- -- - 1\ I! Ji .i I'" ; ,~.,/ 11104 NDV-7-2008 05:44P FROM: TO: 18554912108 P:1'1 REQUIRED INFORMATION FOR AN APPEAL Specific action being appealt:d and the date of that action: 01-1 foJ!'mtu> i' 5 200 S C;:(t BUAnft'ld,>)<.1S '7 nn,';1C [crrfYl,55,01 c:k-r-.,e d o - u ltzu\ +5 L Cl 11L"- T", ot\i .'1 Corn ,1;+-10" <l' +z,D~PlltL+8- () \-1Dm..;l".s,s .;\..k \-le v' a--!-- q,lfDN, Si~V(il lJh~) qVtO i . ^ Action90Ugh_t:~~ d,I~'1 _001.1 ("Ie.,' I ShOLL IJ v~uersc. --lilt' 71ot-JlJll1i COM- Miss,v.)" donltd Df Cur Nb. cg-Z/ and c~vu,,--f _(-\-7A \'Y\,-..n VJ.e("l h,~ I ('/}f\ <, u l +z., (\ -h \ LI ti's U ff I ,c~ -h ~tJ -f. cr CUP, Additional information: Signature of appellanti.1 ~ Jut! -~U/7tYIJ'-L Date: /flYI ~J 2 1 \11)4 From:Public Counsel ~~~ 213 385 S08S II 11/~~/~UU~ 14:D~ 1I~i!U to. UUl/Ulll ,----> ~-~" NUv ) i '008 I.' O'\! ~ l ; I !: : EXHIBIT 4 "-'~~ 610 SOUTH ARDMORE AVENUE LOS ANGELES, CALIFORNIA 90005 1ELEPHONE: 213/385-2977 FAX: 2131385-9089 LAW C E N T E R y ::':;"'1 ikHN::\I~~L:H:\'i \/,' ';P'.,"ENT S[R\f1;::F~~ "~p ~,'(-k'- TIlE PUBLIC INTEREST LAW OFFlCE OF TIlE LOS ANGELES COUNTY AND BEVERLY HD..LS BAR ASSOCIATIONS FACSIMILE COVER LEITER DATE: November 26, 2008 PLEASE DELIVER TIlE FOLLOWING 16 P AGE(S) (WHICH INCLUDES THIS COVER): TO: Rachel Clark, City Clerk James F. Penman, City Attorney Fax#: 909-384-5158 909-384-5238 FROM: Remy De La Peza REMARKS: ATTACHED IS A LETTER IN SUPPORT OF THE APPEAL SUBMITfED BY HPe 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 enti1y other tllim 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 Ibe original 10 us via U.S. Postal Service. Thaok you. From;Public Gounsel BCoRDQF~ TANYA M. ACKER C"""""" JONA THAN ANSLtiElL. CllSTc/nUDn RAND $. APRIL - Sl<4d4m.Ar1D.SlaIE,~fi1AanoUP WAYNE M. 8ARS1C'(*' =~J"'''LLP ~~~ut&t~4llwUP ~r..:HU* hcl!8M.md1.ollP DANIEL CUVNE1\." ~ThGdu!rSllanUttllP PH1UP E. CXXJK {:oR~PEU.ND I.eri<Noris DYANA. DECKER ~H.~W' ~b~"t~Z)slLP tlT~~1kClo,W' Pi1lsl,..ry ~ShawPfmMnUP WIll.lAM FLUMENBAVM &~tITh~l""- ~f~^!!-C "'''''....r_ lAMES GORTON" .mi.omRW........UJ> D\RO:"E E. HANDLER Wildmtm.H=oid.AIion.tlDi:t""W DA.N HATCH ~~~g;~ l(irkr..,,~&ElIi.<llP ~~k~~ SHERRlL..:..10HNS~ ~Nadori..1BM" R.ms...lin~mY EDWARD P.lAZARUS AlRb~E~""",(JF..JdUP W..<_w DAVID R. URA ~i1Keao MARCMM.MAao- ~~~~r&fEMannmoLLP ROBERT A. MEYER Loo.!>l1J.(11l,Lll' TI-lEODOREN. MillER. Sid/t:1~U1' CHRIsToPHER^- MUR.!'H'r Dlll:ECIV RONALD J.- NFSSIM ~~f.No~N.......o.....fi~ ~~O~F_~Rf1oMU.P ~~. COER- NEU. R. O'HANLON II..... t!I t1Mn""- UP W1llrAM W. OXLEY ~~f,~LLP W"iMr""&!Wr......LLP BARRY FORm ihTkbNY'L. ?RF.SS Moniscm8Fo.rltl!lUJI Wlll:AM T.~UICK.Sn..VE'lt" =~KINPh/1lIpt.UP miBrl'roclT"HV'l<Ukin ~lRoT~l"""UP B~ Mce-nrn UP ~~arldDu(iH=lmmup THEOOOREA Rl1SSE.I.!. F<lt~tC'".""p,'''''- MARKA. SAMUElS ~\'.'k~Ul' ~~Ll.P M~.u.w8BodoiouUP ROBU-T L. fCI-r;JCHARD &wl~UJ> ~&tR"\:~WlAR. S~N.m$Ra.mU...IU1' ROMAN M. SlUlERFEl..D'"" ~~S~:cm,.;LLP- SAAlYfSNJDER ~~"B-~~~I-i""'/lftIOlW' v.~~~,,",",Ul' MICHAELH.sn:rNB ~f/o...-.l! BRlAN R. STRANGE" S",-fi1c"",........ RANDALL J. SUNSHINE LmorYft~~SR~fU1' DAVIDA-SWARTZ '"""'''''''''-'''' PAUl W_ $'Ilt'EtNEY ~ ~~II..E- G<mt<E&<UP Ka-.. Mudstn RtlI<7DJIdn UP ~A~r:"-z.-Fimlc;,.~~ MARK s. WALlACE S~<man,TT<iner(i1~ ROeERTS. WOLFE ~~co.w~ WIIi\<Sc-l1l' KENNETH ZlFFREN ~~kRDs~..al ~E~Jnd. - &.o.n..:~~ .. P<w Om._ <!1;:l ;:lIlD lIUllll 11/~Il/~UUIl l~;OD ltil::"U .....UU.c/UID ~~ On'IcERsOiFTHEBlKRP M."IR.TINS.lOrlh" """""'"' ".....,_W STEPHEN F-- P1CJCE.'TT" Viu~"", ~~io.EJb:m ~B. }ORMN" Lut/>4m8WadcwLll' MA lTIiEW T. HEARTNEY' T_<< Ao..wI(J/VrteocllP HERNAN D. VERA Poai.....t/CEO PAULL.~JIl. Dmo:tm-of~e~ LAW' CENTER TIlE Pl)BlJC INTI.RF.ST lAW OfACE OF THF. LOS ANGElES COUNIT ANPSlWHRLY HlUS SAR,',SSOCI~:nONS ~ $ou.r:h.lom Dilli'omio. AffIl1m. ofThI' Lawyt:n' Cmtminee lor Civil Ri,hv; Uo<.kr law November 26, 2008 VIA FACSIMILE to (909) 384-5158 and (9091384-5238 Rachel Clark:, City Clerk 300 N. "D" Street 2nd Floor San Bernardino, CA 92418 James F. Penman, City Attorney 300 N. "D" Street 6t1J Floor San Bernardino, CA 92418 Re: Human Potential Consultants, LLC application for conditional use permit to operate a homeless shelter at 840 N. Sierra Way, San Bernardino, CA 9Z401 San Bernardino City Council Meeting Honorable COWlciImembers, Public Counsel submits this letter on behalf of Human Potential Consultants, LLC ("HPC"), lower-income and homeless residents of the City of San Bernardino, and organizations whose mission it is to serve the needs of this population. On November 5, 2008 the City of San Bernardino Planning Commission denied HPC's application for a conditional use permit ("CUP") to operate a homeless shelter. HPC seeks an appeal of this decision and approval of CUP No. 08-21. This letter is submitted in support of that appeal. I. Background on Public Counsel and its Community Development Project & HOPE Unit Public Counsel is the public interest law firm of the Los Angeles County and the Beverly Hills Bar Associations. Public Counsel is dedicated to advancing equal justice Wlder the law by delivering pro bono legal services to individuals with lower and no-incomes as well as the organizations which serve them. The Community Development Project ("CDP") is one of seven Public Counsel projects, or areas of practice. Within CDP, the Housing Opportunities, Preservation and Enforcement ("HOPE") Unit specializes in the promotion of affordable housing production and M..o\Il..oP.O. BOX 76900. LOS ANGELES, CA 9IXl76.0900 . TEl..: 213365.297'1 FAX, 2ll3S5.9fl89. WWW".PU8UCC01JNSEL.ORO "'Ib.ere M no greater justice than equal justice T1 rrom:Public ~ounsel <!1;J ;Jllb lIUllll 11/<!Il/<!UUIl 1~:OI II~~U I'.UU<l/U111 Page :z of15 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. II. 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 Mav 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.l 1he 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 G ED preparation and/or vocational training. Residents may reside at the shelter up to 6 months. On September 16. 2008 CUP No. Q8-21 was on the 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, Thisitem'wascontinued without a staff presentation or a public hearing upon staffs 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 staff 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 1 Pursuant to Municipal Code Section 19.01.020- Table 04.01, a homeless fucility is a permitted use with an approved conditional use permil in ZOnes RM, RMH. and RH ~rom:Public ~ounsel ~];:I lIllb llUllll 11/~Il/~UUIl l~;bl "au I'.UU~/Ulll Page 3 of15 Conditional Use Permit No. 08.21 cannot be made.,,2 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 pursuai1t to San Bernardino Municipal Code Section 19.52.100. III. California Law Prohibits the City from Denying HPC's Proposed Homeless Shelter- Govt. Code ~65589.5 California Senate Bill 2 ("8B 2"), effective JanUlllj' I, 2008, requires California jurisdictions to engage in more detailed analyses of emergency shelters and transitional and supportive housing in \heir next housing elelllent revisions; regulates zoning for these facilities; and broadens the scope of the Housing Accountability Act toincIude emergency shelters and transitional and supportive housing. In SB 2, the California legislature recognized that homeIessness is a pressing statewide problem and more emergency shelters are necessary to meet the housing and residential service needs of the homeless populatiolL SB 2 was enacted in order to enctJurage the construction of emergency shelters and to prevent jurisdictions from blocking the development of such shelters based on NlMBY -is! attitudes that fail to take into account planning for the community's needs. To this end, SB 2 amended California Govemment 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 to: (I) 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 thannust be denied to comply with federal or state law; (4) projects located on land zoned for agriculture or resource' 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 wiIIconfirm 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 ~rom;~ublic Lounsel <!l;:! ;:!IID bUlIb 11/<!lI/<!UUII 1~;DII II':.:U t'.UUD/Ulb Page 4 of 15 A. The Housing Accountability Ad Applies in This Case Regardless of the City's Attempts to Recll!llsify the CUP- Govt. Code ~65589.5(d) SB 2 amended the Housing Accountability Act to (1) add emergency sheIte~ to the list of protected housing and (2) to clarify that the definition of housing development project includes both transitional housing 4 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. 1be City does, however, provide a definition for social service cent~. 1be Code states that a social service center is: A building or buildings used for recreation,. educational, cuituraI, or religious activities operated by nonprofit groups or agencies that are open to the' public. Relawd 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 ] 1/1/01 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 minim:al 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 aroW1d April 2008 th11t it did not meet the definition of a social 3 Defined as "housing with minimal supportive services for homeless persons that is' limit~ to occupancy of six months or less by a bomeless person." Ca!. H&S Code ~5080t(e). 4 Defined as "bousing with supportive services for up to 24 months thai is exclusively designated and w-geted for recently homeless persons. Transitional housing includes self-sufficiency development services) with the ultimate goal of moving recently I10meless persons to permanent housing as quickly as: possjble, and limits rents and service fees to an ability-tn-pay formula reasonably consislcnt with the United States Deparnnent of Housing and Urban Development's requirements for subsidized housing for low-income persons.'; Cal. H&S Codc~50801.2. 5 Defined as "housing with no limit on length of stay, that is occupied by the largct population as defined in subdivision (d) of Section 53260, and that is linked to on or off-site services that assist the supportive bousing resident in rel3ining housing, improving bis or ber beal1:l1 status, and maximizing his or her ability to live and, when possible, work in 1:I1e conununity." Ca!. H&S Code ~50675.14(b). "Municipal Code Section 19.02.050 was amended on October 20,2008 to detine emergency sheller pursuanl to Cat. H&S Code 50801(e). 7 June 19, 2008 HPC leller to City, page 2; September 16,2008 Staff Report. page 2 From:Public Counsel 213 385 BOBB 11/2B/200B 14:5B 112201'.00B/01B Page 5 of15 service center. The City has itself referred to the proposed shelter as all of the following in prior staffreports: homeless shelter, homeless facility or emergency shelter,8 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, IIPC's proposed shelter cannot be classified as a social service center. 2. The Proposed Shelter Falls Under the Housing A<<ountability Act- Govt. Code ~65589.5(d) Regardless of what the City chooses to .calI the proposed shelter, the Housing Accountability Act would stilI 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 be limited to 6 months. In light of these characteristics, the proposed shelter falls within the criteria for emergency shelter. As stated in Gov!. Code g65589.5(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 MayNot Avail Itself of Any ofthe Exceptions Under the Housing Accountability Act- Gov!. Code ~5589.5(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.IO Second, the City appears to claim that the proposed homeless shelter fits within two of the five narrow exceptions. In an attempt to quaIifY under subsection (d)(2) of the Housing AccountabilityAct, 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 attemptto qualify under subsection (d)(S), 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 · September 16,2008 Staff Report; October 16, 2008 Staff Report; October 21, 2008 Planning Commission Agenda, rage 3; November 5, 2008 Planning Commissioo Agenda, page 3.' HPe's proposed shelter could also fall under the Stale definition oftransitionaJ housing, which is also covered by the Housing Accountability Act. 10 November 5, 2008 Findings and Conclusion #2 ("The Commission finds thai the proposed project.. .does not share the characteristics ofan emergency sheller as set forth in [California law]."); #5.2 ("Section 19.04.030(2)(T) of the Developmenl Code requires social services to conform to the residential density standard of the underlying land use designation...); and #5.3 ("Fnrthermore, 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.) From:Public Counsel 213 385 8088 11/28/2008 14:58 11220 P. 0071 01 8 Page" ofl5 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 from denying HPC's CUP application. Government Code Section 65589.5(d)(1) applies only jfthe 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 65589.5(d)(2) is discussed in more detail below and applies only jfthc 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 adversc 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 dcnial of a project is necessary for the jurisdiction to comply with state or federal laws. No such state or federal laws necessitating deuial of this project are referenced in the Findings and Conclusion. Government Code Section 65589.5(d)(4) applies only jfthe project "is proposed on land zoned for agricnlture or resource preservation that is surrolll1ded 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 "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." (emphasis added) Similar to exception (d)(2), this exception is not applicable in this case, despite the City's assertions, forth'" reaSons discussed at length below in Sections IIl-B-I, B-3, and B-4. 1. The City Does Not Have a Compliant H~lUsing Element and Therefore Cannot Rely on the Inconsistency Eueption of the Housing Accountability Act- Govt. Code ~65589.s(d)(5) . As detailed in Sections III-B-2 t:hrough 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 pennits 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 v,ith this article. (Goyt. Code g65589.5(d)(5)) (emphasis added) From: Public Dounsel 0!1::1 JBb !lOB!! ll/j!8/j!UU8 lb:UU BUU I'.UU8/UI8 Page 70f15 Because the housing element is an integral part of every jurisdiction's community planning process and its general plan, an emergency shelter cannot be denied as inconsistent with the gene:ral 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 Govemments as June 30, 2006. This date was later changed to June 30, 2008 with the aPFtoval of the California Department of Housing and Community DeveIorn-ent ("HCD") '. The record clearly shows the City has not adopted a revised housing elementl , and this is verified by HCD's online Review Status list.13 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 Scction 65588. The City may believe that 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 botb 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. Goyt. Code S65583(a)(4). However, contrary to the City Attorney's assertions in the October 17, 2008 staff report that the urgency ordinance may "placeD the City in substantial compliance with Senate Bill 2", the City has neither complied with Housing Element law nor the Housing A<::countability Act. The development standards adopted as part of this urgency ordinance in fact severelv 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 5oo-foot separation requirement from existing single-family homes and other uses, approximately 900/0 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. II The State agency responsible for administering housing element law and reviewing local housing elemenls 12 See October 16,2008 Staff Report Re: CUP No. 08.21, page 2: October 17, 2008 Staff Report Re: Urgency Ordinance to Permil Emergency Shehers, page I; 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. . t3 http://www.hcd.ca.gov/hpdlhrclplanlhe/ From:Public Counsel 21::1 ::lllb l:IUlll:l 11/~Il/~UUIl lD:UU 1!t!t!U I'.UUlI/Ulll Page 8 of1S 2. The Pr!lp!lsed Homeless Shelter Is N!lt Actually Inc!lnsistent with Current Zoning Ordinance or General Plan Land Use Designations- Govt. Code ~6SS89.S( d)(S) aDensity 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 eveo greater, given the staffing 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 ofits 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(2)(1) 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 ill-A-I of this letter, the proposed shelter cannot be classified as a social service center; therefore, Municipal Code Section] 9.04.030(2)(T) 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 penllitted 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 requirementl6 that the City cites in Finding 5.3 is only applicable to social service centers. As clarified in Section III-A-I 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 staffreports. Therefore, this lot size requirement is inapplicable to HPC and cannot be used as a basis to fmd 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 15 November 5, 2008 Findings and Conclusion #5.2 16 Municipal Code Section 19.04.030(2XT)(9) rrom:~ublic ~unsel ;'!l;,j ;,jIlD llUllll llf~llf~UUIl lD;Ul ffllft:U t".UIU/Ulb 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 wned 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 wne is not nnprecedented 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 fmdings 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 connt, the City of San Bernardino is home to 1.915 homeless nersons.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 construction18, it is important to note that (I) one of these shelters19 (68 beds) is cIosed20 and (2) five of these faciIities21 (112 beds) are domestic violence shelters. With only 197 beds actually currently available, and over 36% of these beds restricted to domestic violence shelters, there remains a significant unrnet need for housing for the City's homeless. In 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 ofland use inconsistency. 17 2007 San Bernardino County Homeless Census and Survey Comprehensive Report, page 21. 18 November 5, 2008 Findings and Conclusion #1.3 19 Salvation Army, 746 W. Fifth Street 20 Pursuant 10 conversation belween Liz Roubidoux and Salvation Army in October 2008. 21 Both Veronica's Home sites; Option House; Time for Change Foundation; and New House ~rom:Public ~ounsel ~l" ;,jIlD ~UIl~ 11/~Il/~UUIl lD;U~ IIUU t'.Ull/Ulll Page 10 of 15 3. The Proposed Emergency Shelter Would Not Have a Specific Adverse Impact on Public Health and Safety That Cannot Bc Avoided or Mitigated- Govt. Code ~5589.5(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.',22 Gov!. Code S65589.5(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 S65589.5(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 thcre 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 atld public safety, as demonstrated by HPC's Security Plan and other security policies. Regardless, the City still fails to present significant, quantifiable impacts as reqnired by S65589.5(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 tlris 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. 22 This subsection further states thai "[i]nconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public heal!h or safety." 23 November 5, 2008 Findings and Conclusion #3.2 ("!here is already a high concentration ofparolees!prnbationers in the area"); #3.4 ("the Commission has concerns regarding the secnrity at the proposed fucility it; as appears to be the case, all or a subsiantial portion of the residents would be paroleesiprobations"). "November 5, 2008 Findings and Conclusion #3.3 trom:Public ~ounsel <!Ul ~l!D ~Ul!~ 11/~l!/~UUl! lD:U~ "~~U t'.Ul~/Ull! Page 11 of15 Rather than relying on the experiences with two dissimilar facilities, the City should have considered HPC's two similar shelters in Los Angeles COlUlty.2S Neither of these shelters has caused a significant increased burden on the police force in their respective commwrities. 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, fileility 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 commwrity's public safety, this finding is unwarranted. Even if the City fOlmd 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 satisfiletorily mitigate or avoid the specific adverse impact without.. rendering the development of the emergency shelter financially infeasible." Goyt. Code ~65589.5 (d)(2). "The adopted Findings and Conclusion fail to make this reqnired 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 filet 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. 25 Bridgcback I1- 17]8 W. VemonAve, Los Angeles; US Vets Initiative- 4116 E. Compton Ave, Compton From:Public Counsel 213 3B!i SUBS 11/2~/2UUB 15:UI 1122U I'.Ul::l/Ul~ Page 12 of15 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 ConOict Findings are Insufficient to Allow Denial of the Shelter - Govt. Code ~~65589.S( d)(2), (5) The City's Land Use Conflicts Findings'6 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.'m 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-l, 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.>8 Based on the relevant fmdings, it appelilli 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 eonstitute a specific, adverse impact on the public health and safety. b.Shelter Would Not Have Unavoidable Adverse Impacts on Planned Lincoln II Elementary School The only land use conflict asserted by the City with regards to the planned Lincoln II Elementary School is that "undesirable contacts between students walking by the facility and 26 November 5, 2008 Findings and Conclusion #4 et seq. 27 November 5, 2008 Findings and Conclusion #4 "November 5, 2008 Findings and Conclusion #4.1-4.4 From:Public Counsel 213 385 8088 11/28/2008 15:08 11220 P.014/016 Page 13 of15 residents of the facility likely would occur.,,29 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 lettdO 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. Tn 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 CUp?' 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 canoot approve the CUP because it canoot guarantee the future use following the expiration of the CUP32 is misguided. Because the CUP would have a sunset clause !inJiting the validity of the CUP to avoid any conflict with the school, the subsequent use of the properly would have to be a use that is permitted under current zoning ordinances without a CUP. The approval of a CUP with a sunset clause will have no legal effect whatsoever on the future use of the properly 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 29 November 5, 2008 Findings and Conclusion #4.5 30 September 16,2008 Staff Report, Attachment E (Iune 25, 2008 letter from Judy D. Wbite, San Bernardino City Unified School District DeputY Superintendent) )I October J6, 2008 Planning Division Staff Report, page]; November 5, 2008 Findings and Conclusion #4.6 32 November 5, 2008 Findings and Conclusion #4.6 ,., '.", LV' LV'.' V "" ' ,).1 '" '''_'-.LV VVV"....'-'- \L'"I"V.lI'JV/ '.V, .IVV.I "L 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 Relltrictions As highlighted above, the City has an overwhelming and unmet need for housing and services forits 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 fmdings. 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 ill 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 fallure to adopt a revised housing element, the City is not permitted to rely on the inconsistency exception contained in Section 65589.5(d)(S). Even if it had a revised housing element, there is insufficient evidence in the record to support a finding ofland use inconsistency. Fwfuennore, 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 resttictions on its operation. B~ approving the CUP, the City Council will not only bring the City's actions into compliance wtth 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. Sierra Way. 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CDr-t CD r-t o..CDOo..OJ::J"' ... :J ::J"' :J -. 0.. 0- OQJr-t:J 0 C ::J ::J"' OJ lO r-t (f) '" CD :J CD ::J"' _....... -<:J r-t :J r-t 0.. CD::J"' lO ::J"' OJ CD .., CD CDr-t-OJ CDCD- r-t3"O ::J"'CDOJ CD :J :J r-t n OJ - . n o 0.. CD v:n 0"'1 U1 U1 (X) ~ . U1 ,,-.., 0.. '-" (f) 1--4 U~ ~~ ~ ,,-.., CD 3 "0 ::J"' OJ (f) -. (f) OJ 0.. 0.. CD 0.. '-" ~"jl~ ~~ z ~ o C \fJ 1--1 . ~ aq ~ n n o C ~ ri- p; r:::J 1--1 . ~ 1--1 . q ~ n ri- . . t'I1 >< n ro ~ ri- 1--1 . o ~ \fJ SID.LEYI SIDLEY AUSTIN LLP 555 WEST FIFTH STREET LOS ANGELES, CA 90013 (213j 896 6000 (213) 696 6600 FAX I BEIJING BRUSSELS I CHICAGO DALLAS FRANKFURT GENEVA HONG KONG LONDON dpole@sidley.com (213) 896-6623 FOUNDED 1866 LOS ANGELES NEW YORK SAN FRAJ:~g,JSCO SHANGt{o\f.; SINGAP6R~~ SYDNEY:3 ('): _.~'") TOKYO ~ -l '.'.'1 WASHINGTON, D:U, r~l ';D j ;~~ -:J - -'1 By Federal Express I?tc .... March 4, 2009 . -l/~t- Entered Into Rec, at MCCICDC Mtg: :,~v 111"./:4/7 ("1) by: (lA r:..~ ryyV{.-rv~dyOv ,... . '5 "1 - ..., (Vi?() Agenda t No..., J (",'YOt 'v 1.,(.., .'/)r,t. .So/';> 8. by: ~ l;J. C.,L(L~'0Cnc'~oOr..,. ~. .' "")0 City Cle. CDC Secretary , 'c~ City of San Bernardino Mayor Patrick 1. Morris San Bernardino City Council 300 North "D" Street, Mezzanine San Bernardino, CA 924] 8 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 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] 6,2009 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 cOlllplete. 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 2],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 ofHPC's application on purely speculative grounds based on "Not-In-My-Backyard" ("NIMBY") :::/:t -1-'-( Sidley Austin I..l..P IS a limited liability partnerSh'p practlcmg rn affiliation WIth other Sidley Auslm pannershlps . I ~!/I)( Dcr }1 u" Nfrt. SID'i~EYI Mayor Patrick J. Morris March 4, 2009 Page 2 concerns. Such action contradicts the purpose and intent of SB 2. This legislation, effective January I, 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, /~Ar~ / By Debra E. Pole Enclosures LA! 1490915v.2 '. H HUMAN POTENTIAL CONSULTANTS, LL "Your link to a Better Future" '9J:',~;'~~~~t~;?/a~',;r:f,...';,'f"Jl<"l1,~. ',.__' "'~ .f~',;"'..",:,~-::~,.,-".r;.t...!F;;llSr~It1,"... ,:;r':,7,"...,,'" ~i,.:';:;;',ll:'.~1'r,/~\~';1',.,'~~ _," "'::"'f"" ,~_ )' N.;-I:,'k,i/i.; .,~,.."",,.).,,~!.~,,,,-~~f.1f''i#:.',! ,;t-f.~" ~~!"""","'.~)r::,''''~f ~~~~IJj,,,,)~.~"""",fi;"T!'f;:p..~",,~~~:,,l!"<.~"" >:-r~:2ti~~cl::dEi:1:.-&,;;B;L.i{':~~'~~~'iI2~;"':""'!,;'f.2;:~~~j)ut.....::tl~:.'~~::~.-'J'-,..&~~~:2 . . , 500 E. Carson Plaza Dr" Sui1C 127 C.:ttson, California 90746 T. {3'OI756.I560 \:iHPC HUMAN POTENTIAL CONSULTANTS, LLC F. 13'0)756.1562 ~ ",twr link to a Better Future" www.hpcomployment.org Human Potential Consultants ("HPC") Will Deliver The Housing & Employment Resources Needed in Your Community The Planninll 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-c1assify the Conditional Use Permit ("CUP"), the Housing Accountability Act applies to this case2 . The City may not avail itself of any of the exceptions under the Housing Accountabiiity Act.' . The law requires the City Councii 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 serlices in order to provide stability for its homeless clients so as to beller address their empioyment needs. . HPC currently operates 6 residential facilities in Los Angeles County. These facilities provide residentlai 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 Sherriff's Office. . HPC is grounded within, and hires within, the community that it services. The Proposed Proiect . 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 faciiities 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 skiils 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 1 Gov. Code S 65589.6 2 Gov. Code 5 65589.5(d) 3 , Gov. Code 5 65589.5(d)(1.5) HPC 8greed to reduce the nlimber of residents from 56 to 36 because of the Planning Commission's concerns regarding density. \..:iHPC HUMAN POTENTIAl CONSULTANTS, liC ~ ''!bur link to a Bettsr Future' ~oo E. Carson plaza Or., Suito 127 C3r'...on. Cn.llfornia 90746 T. (310) 756.1560 F. (310) 756.1562 www,hpc()mpIO~mcnt.org . leave and re-enter each facility. Moreover, HPC will conduct randomized drug testing and contraband searches to ensure compliance with ils 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 RisinQ 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 unsheltered6 . Currently, the City only has 197 beds available in existing homeless shelters.9 Of these 197 beds, 112 beds are provided by five domestic violence shelters. to 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." . 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." Since the foreclosure crisis began in 2007, there has been a sharp rise in homelessness as both homeowners and renters are forced out of their homes. ~ On October 20, 2008 Municipal Code Section 19.02.050 was amended to define emergency shelter pursuant to Gal. H&S ~ 50801(e). o 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, child care 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. 7 See "2007 San Bernardino County Homeless Census and Survey," Community Action Partnership. s/d. o 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. :~ The damestic 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 eeds, the City is not able to provide sufficient beds for its homeless population. i2"rvliddle Class Joining Homeless on Skid Row," The Los Angeles Sentinel, Oct. 30, 2008, available at: http://1N\Aiw.lasentinel.neUI,,liddle-Class- Joining- the-Hamel ess-on-Skid-Row.html .,~ "Foreclosures Increase Over 80% in 2008," PR Ne.....swire, Feb. 5, 2009, available at: http://news .prnewswire.comlOisplayReleaseContent.aspx? ACCT =1 04&S TORY =:/WW'W/story/02.05-2009fOOO.~967 453&E DATE ~.; ~lnl3nd Foreclosure Rates Among Worst In U.S.," The Press-Enterprise, Jan. 29, 2009, available at: http://vw'lw.pe,com/rss/businessfstories/PE_Biz_D_foreclosures30.35f5d78.html 2 \:iHPC HUMAN POTENTIAL CONSULTANTS. LLC ~ .Your link to a Better Future" 500 E. C:J.fSOn Plaza Dr.. Suite 121 C.)I'son. C.:lhfomia 90746 T. 13101 156.1560 P. (310) 756. t 562 www.hpcomploymcnt,erg The City's Commitment to Addressinq Homelessness In Its Own Backvard . 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 5B 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." 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." 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 pubiic 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 5B 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." " Cal. Gov'( Code !i65583. '6 Cal. Gov't Code 565589.5. " Cal. Gov'( Code !i65589.5(b)(2J. " Cal. Gov'( Code !i65589.5(b)(5). :1 500 E. C.3.rs.on Plaza Dr., Suito 127 ~ C.1fSOI1. Co.li1ornja 90746 . · HPC HUMAN POTENTIAL CONSULTANTS, LLC T. (3101 756.1560 F.1310) 756.1562 ''Itlur link to a Better Future' Viww.hpcomploymonl.org ~ 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 HM. ~ 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 iand use designations. The shelter Is rightiy 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 sheller 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 compiied 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. 4 \!iHPC HUMAN POTENTIAL CONSULTANTS, LLC ~ "Your /ink to a Better Future" About HPC 500 E. Carson Plaza Dr., Suite 127 Carson, California 90746 T. (3tO) 756.t560 F. (3t 0) 756- t 562 www.hpcemployment.org Human Potential Consultants (HPC) was founded on the belief that improving individuals with any type of backgtound will help them become productive members of society by identifying skills which would lead to financial and social stability. ,.~.~~~,.'::. ;,1. ft. '.'. ;.:, ~J""t:&.. ". :......... ..' '\i ,... ~J g'~, i.' l' :, r, '.. ... _.4 _, 0: ) ... <(. .i,.. #:' :" , I~~ "..ft: ,(~. ; . ....., ., u-~.. .>,j;~ 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 ptovided for federal, stare and local county government agencies, nonprofit organizations and corporations seeking worksource solution ptograms. HPC ptovides 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 recognirion, scholarships and honorary mentions for exemplary leadership from employers, universities, clubs and organizations. HPC is committed to designing and offering cliems the most competitive, efficient, and cost effective employment solurions. For additional informarion, visit www.hpcemployment.org. \!iHPC HUMAN POTENTIAL CONSULTANTS, LLC ~ "Your link to a Better Future" 500 E. Carson Plaza Dr., Suite 127 Carson, California 90746 T. (310) 756.t560 F. (310) 756-1562 www.hpcemployment.org I Garnett Newcombe, CEO, Human Potential Consultants, LLC (HPC) Tn 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 srable employment. Dr. Newcombe has 20 years of experience in community outreach, recruitment and working wirh 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 Communiry Colleges and California State Universiry, for more rhan 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 addirion, she has co-authored many of the HPC's publications with her partner, Joyce Keener, to include Human Potential Consulrants' 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, Tnc. and the Womens Business Enterprise National Council. Dr. Newcombe was awarded rhe Count Me In winner in 2006 for Make Mine a Million Dollar Business (www.councmein.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 rhe US. For addirional informarion, visir www.hpcemployment.org. or ,,; f or -0 " '" 3 -0 0- '< 3 '" 3- " .a :-n;--t~:::::~~ wc:3~CJIo:S'-a ...-...... 0 Co ~~-;::':G)tI);::;: <.CtC:s:::~'gQ 0)Q)c:r::e;::;3 ~..r:r.::ro C") ~:':"_._t:tJCD .:a.~tQC.5. o~~cna: "'-0') ~_. ...",=> ",,,,<0 ".- "'" en", a: N w ... o ~ :J: ~ n o n .", o ~ n o' ~ ~ ~ n n ". S' "" ~ o " ". ~ o ~ n n n ~ o i: " o' ~ .", a ~ " 3 ~ ~ < n 3 3 n ~ " " 0;; ~ n ;;. 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'"0 ;;! c; nl ~ r;;- CO) a CI:l r; , 0 1;1> -..::~03n::l~cr 3 ,," ~Q:1II g :r ~ '"2... q... 2" (Dill ..., CtQ ~ 0 _ ,,'" r.n ;:I -.....:: ~ ~ . ~ ...,. (i 3 n 3 ~~;;.g ;:1-0 ::::r-' ,.. ...,. I)'q 0- ;J (3i ~-.....:: _. " 3 , " " ~ ~ ~ "" iro ~ .,o:r- ;:j' S' Q ~ ~ g 2 :r: Co -. II! 2.."6-g.:r"o" ",,::;:::1"':= o ~_!: :rp..Q:n"'a.OCD ~ "" ' ~ _. ~ -. -. ... g ".,.," ~ ~"" ~ n<:l\"A' " 1:"' 0 "" CtQ IU C -. ~ o' 8 ;:;: < ~ ~ ~ ~ - a. -. ~ ~ _q f}g.. a.: 0 "'C~CD ~~3"'~~.;;"'~ CD ~:r" o=~ p.." o-~>c p.. 0 0 c~ 9 ~ in. U1 CII::1 'tl (i.Q..."1 (icrq!j n.l o"_:l!~CD "1 ...,.., "'0 ___ ...... ~ 0- --- - " 0' ~ ;;. ~ ~ " ii DI ... p.. ~ " ~ ~" cr" p.. ~ n :II' 'tl -. 9 2'; ~ cr" 0 _. ~ lD 0 iii CD ?;:;;JifR-j;5..~'D1n~ F~~~a~[l1 ii~'~ 5' ~ ::: c :J c n. -.. ""o~"Ol~~ "" :l! ~ .a.. - V> (i "g -. ::::I r.n ~ -. ... ...,. . n::r ~ !. ~ II ':;.,"\ ' ,~'/ . ',....... \'\ \ \. - - ."'.:. o o 3 3 c ::l ~ III In ::I In ... ;;: l/l ti.',h. \: ...,.".' 111\' ~'~ ~I~\~ :;;:,4\\ .\.'-......~~ J' . M-i ~i1,i~I}r-.,. ~-- ,;" . , " .... ---' -"- ~' .7 -.::'" 11m ',", .....~ .,' ,. ..1 ....) o - ~ OJ .. " . , I l i i / " ~ l,lpc.. HUMAN POTENTIAL CONSULTANTS, LLC ~ r Ir . "Your link to a Better Future" I 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 effectively enhances our successful programs. HPC is proud that our dedicated staff devotes their energies and careers [Q 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 solurions and program managemenr 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 I Improved communication transfers to i i for berter Job skIlls better workforce sblls Withour developing socially, difficult ro accomplish workforce stabilit}' Identifying what is better for staff interaction 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 comrnend HPC j')!1 the SEH"'JiCeS they provide and their comrnitment to assisting all populations n~in~llO>(gr::.>~a. il""~.O "'~o. Ciah. " ~ _"~ ~~=, '<.Alt..~,,~~... -_' ill_U.'~ Dwight Radcliff President and Chief E)(;?cutive Officer United States Veterans Initiative Company Services Our unique services include a srandard pre-employmenr process to prepare individuals for a successful job search experience. We spend rime assessing personal and professional needs to identify strengths and areas of behavioral needs. HPC utilizes computerized tesring through Skill Check software ro 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 . Light Industrial .. Information Technology Clerical Warehouse 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 persons goal ro 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 rheir needs. Whenevet 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 limired to the following: Federal Contract Services . Marine Corps . Department of Labor Social Security Administration Defense Contract Management Agent.l' State Contract Services + California Department of Corrections and Rehabilitation . Michigan Deparcment of Labor and Economic Developmenr County/City Contract Services Los Angeles County Sheriff's Deparcmenr Deparcmenr of Children and Family Services City of Compron Worksource Cenrer General Services HPC provides GSA Federal Supply services throughout the United States. Vie are a supplier for the following employmenr caregories: Administrative Support and Clerical Opportunities Automatic Data Processing Occupations General Services and Support Information and Arts Occupations Technical and Professional Occupations NAICS Codes 561110 - Office Adminisrrarive Services 561210 - Facilities Supporc Services 561310 - Employment Placemenr Agencies 561320. Temporary Help Services 561439 - Orher Business Services (including copy shops) Certifications 561990 - All Orher Business Support Services 611430 - Professional and Managemenr Developmenr 624190 . Other Individuals and Family Services 623990 - Orher Residenrial Care Facilities HPC is certified by various government agencies including Small Business Administration -8(a) Small Disadvantaged Business Counry of Los Angeles - MBE/WBE and Local SBE Cerrif1cation California Small Business and Department of General Services Narionall'vlinority Supplier Development Certification Supplier Clearinghouse/Public Utilities Commission General Services Adminisrt:1tion \Vomen's Business Enterprise National Council ~ LIPC. HUMAN POTENTIAL CONSULTANTS, LLC , r' "Your link to a Better Future" HPC Headquarters 500 E. Carson Plaza Drive, SUite 127 Carson, California 90746 T (310) 756.1560 F. (310) 756.1562 http://www.hpcemploymentorg Detroit Office David Scott Building 1150 Griswold Street, Suite 2340 OetrOlt, Michigan 48226 T (313) 964.4446 F. (313) 964.4401 ilJ. SJJ!.\J ).i.".,,.,fl,.,i,~_,,rJ""1"'''' ,,,.,1\.,,,,.,,1 WBENC .4I_".~i:>,,,, ..'" "C)1l. . - " .. . ,-, . <.-...... ~~; ~ ~.......... I) ~,.~ :.'~;"., " ' ~\ , .1-~',. .r~"'.! ~'-:tJ'y'~ <..o,~~,' lHPC HUMAN POTENTIAL CONSULTANTS, LLC "Your fink to a Better Future" 500 E. Carson Plaza Dr., Suite 127 Carson, California 90746 T. (3t 0) 756.1560 F. (3t 0) 756-1562 www.hpcemployment.org Human Potential Consukmts featured in Los Angeles \Vave 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 Potenrial Consultants (HPC), a private employment agency that provides worksource solutions for local government agencies, founded by Garnett Newcombe and her sister, Joyce Keener. Seeing the potential Employment agency with two Soulh Bay otTIccs spccialiLcs in helping circumstance- challenged job-seekers rcelller the workforce. B\ OLU .\l.DIOH.U S'J"l'f \~ll.lrI.1t C\RSON hlr p,'"pk ,~~ir.il1l! a 'c~,mJ d;II"~ <l\ life. (j;lnWlI ."~"""onlbc,,,,,ld rn;,Thc lickcll",.l>cllcrl"rnUfTllW ~cwc\)mbc _md fl<'r _,"Icr. loyce Keener own .InJ run rl~man l'olen;,;l1 ('Jfl,all.m,". a prl\'.lle cll1rl()ym~rll :l;1cncy Iha1 pruvllk, ',\url<',)un:e ah,'r- nalj'e, for 1"",,1 ~u""mm"ll1 .';.:CII<:ICS "rhe: "omp.",y ,..",h "dlh Il\ui',uuals da,,,li~J "" ha'_ ing ,"'tr."nlin"r.- ch,likn~'" w,lh 'c-,'nler;ng Ihe ",'rkl;'I<:(," [-hod ""liJ 'm:I'IlJcI""f11c ""th Ji'Jbill1l".d"luc"t"uw.'rkcT". ,'rpl,,;.llll",'ili,l'llICu.r:o',""K ),,,t,,r. .",J 1I~'''e ,'Il r~mlc or p",h.'lllJn It "1'':1';\1'" in L"o'1nmun,';"",. ,:"c",c,",:hc \11T,';or" \-,,,1,,,,". 1:1 \1"1\1<:. 1,'~I"',\",'d. n:,J- ~~:'~~'~:i~ -~':X~~" ~',~,Ln;'~;h~;~~; '-'.ollcy, \,'~I" ,\"" ""J \",nh 1..\ . 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'e- C"''','''''' The company works with individuals classified as having extraordinary challenges in re-entering the workforce. Thar could include people with disabilities, laid-off workers, applicants with litde or no work history and rhose on probation. One of the company milestones was earning an $810,000 contracr from the state to manage the Police and Corrections Teams project known as PACT. PACT identifies, monitors and provides viable resources for ex-offenders entering the community to assist in reducing California's recidivism rates. Newcombe said one of the company's advantages is that they are able to provide direct work placement with a variery of businesses on a long~term contract basis. She added rhat many of rhe firm's clients in warehousing, restaurants, customer services and rerail prefer to remain under the radar. "Our firsr big conrracr our here was wirh rhe Ciry of Compton;' she said. "'vVc were able to place nearly 300 our of 500 clienrs. Essenrially, rhese are people who have fallen rh rough the cracks. 'vVe work very closcly wirh rhem, oer rhem ro talk about rheir o skills and buy into who rhey really are:' For addirional information, visit www.hpcemployment.org. \:JHPC HUMAN POTENTIAL CONSULTANTS, LLC J 'Your link to a Better Future" 500 E. Carson Plaza Dr" Suite 127 Carson. California 9007 ~ T. (310) 756.1560 F 1310) 756.'562 w'Nw.hpcemploymont ,erg Press lZc lease 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 ofrecidivism. To illustrate. former participant Leroy Johnson spent close to 13 years in the State penitentiary, since the young age of 17. Through HPCs rigorous employment training initiatives, within five-months. Mr. Johnson received employment at a local oil refinery. Today, he earns 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, fonner participant Patrick Alvarez. successfully completed the program. Shortly after exiting the program, Mr. Alvarez secured a new career with a movie production company; he earns $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, et1icient, and cost effective employment solutions. For additional information, visit www.hpcemployment.org. - END .. \!JHPC HUMAN POTENTIAL CONSULTANTS, LLC ~ 'Your link to a Better Future' ~oo E. eMSOn P1az3 Dr., SUite 127 Carson. Calrfornia S+Q7..;e T, (310) 756.1:-:'60 F. (310) 756.'562 www,hpccmpklyment,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 Operalions Officer at 310-756-1590 or d narvi lIe@hocemplovment.orq. \!J.HPC HUMAN POTENTIAL CONSULTANTS, LLC "J .Your link to a Better Future" !.JOO E. c..v~on Plaza Dr., SUI'e ,:,!., Carson, CahfOl"nia !:lo07.46 T. 131017~6.1560 F [310) 756. I ~2 www.hpcCrT"ployrnent,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 IT 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 (DRe) (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 successfuITy 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 . On-Site Urinalysis Testing f/ alcohol & drugs . In-depth needs & risk assessments . Substance abuse education & Referrals f/trealment . Cognitive & life skills . Employment Readiness & Job Placement . Parenting Education . Educational services/GED preparation Employment Readiness Training and Job Placement . Personal Assessment & Skills Review . Customized employment workshops . Soft skills, social skills development, pre-em p loymen t prepara tion . Job search techniques, career exploration & coordination . Referrals to Other needed Services . Develop and Monitor Individual Case Plan . Anger Management . Domestic Violence . Budgeting & Money . Discharge & Aftercare Planning . Community Service Program Activities . Transportation Services are provided! . Direct Job Coordination & Placement . Referrals for post-secondary, vocational and certificate programs . Post employment foHow-up and supportive mentoring HPC believes that gainful employment increases a person's sense of self-worth and self-reliance, while ,llso increasing the stabilization of their environment. ..,-. .. ,~ ;,.,-TI1 , 1 1) . HPC HUMAN POTENTIAL CONSULTANTS, LLC "Your link to a Better Future" HPC Headquarters 500 E. Carson Plaza Drive, Suite 127 Carson, California 90746 T. (310) 756.1560 F. (310) 756.1562 Detroit Office David Scott Building 1150 Griswold Street, Suite 2340 Detroit, Michigan 48226 T. (313) 964.4446 F. (313) 964.4401 http://www.hpcemployment.org B3/13/2BB9 17:22 MAILING .-DDRESS PO Box 970 S(ln R~rrl(tYdiM. C4. 9U02-<J970 Phon<.. (909) 383-J602 Fax: (9091889.7312 BOARD OF DIRECTORS RueyU"~ Cm.ang K(Xthryn ErvirJ Sarllh Harrison Vear,.iu Jews William Lon.g Paula McLemore Pn)tim.a Pandey Robert&.e112 Mary Tb:l!iro Am.b~ Vander Heur :E::ucutiv~ Dl.n:dor V.lda Griffin Non-Profit 5Q 1 (eX3) Tax E1<cm.rt # 95~3760212 All DOr\atiops pre Tax Deduc.tible ViSit us on the web at: www.opno>fhoUJe.Df"g . Unlt:lot::d ~~ Received: 9B9SS97312 Mar 13 2009 05:35pm OPTI ON HOUSE PAGE B2 Option House, Inc. lrrtovenlion llIIll PrlNention St!nIias Ac'-ncy 813 North "D" SUed, Sit!. 3, San Bernardino, CA 91401 March 12, 2009 Mayor Patrick Morris San Bernardino City Council 300 N. D St. San Bemardino, CA 92418 RE: Conditional Use Permit 08-21 for 840 N. Sierra Way I Hearing date Mauch 16,2009 Dear Honorable Mayor Morris and Members of the City Council: I am writing this letter to you because J am unable to attend this hearing. It is unfortunate that it is taking place while I'm away in Sacramento. However, I must take this opportunity to speak to our State Legislators in hopes of securing additional funding for victimslSUlVivors of domestic violence. As you may be aware, Option House, Inc. is a non-profit orgllllization that was established to provide seTvices to female victims of domestic violence and their children. It is my duty as Executive Director to take whatever steps necessary to secure funding for services as well as ensure our clients safety and that our collective voice is being heard. Thirty-two years ago, in 1977, it was through legislation that opened the doors of Option House, Inc. by providing much needed funding for victims services. Primary services were developed through criteria establiBhed in the original Presley legislation to provide basic services to victims of domestic violence and their children. 1bis includes, but is not limited to: 24 hour shelter, 24 crisis hotline, temporary housing md food, psychological support and peer counseling, children services, emergency transportation, resources and referrals. 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 battered women l1IId their children in the state, the second in the nation. Twenty- six years later, this facility continues to provide much needed services to the citizens of the City of San Bemardino and the surrounding comxnunities. 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 at risk. It is our practice to relocate any victim who lives within a 5 mile radius of the shelter facility. 1bis is calle4 a safety transfer and it is to ensure that our cliCIlts 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 a perpetrator is been hoUsed there. 1bis agency cannot afford to take a chance with our client's safety. I am well aware of the need for the proposed facility- Together, We Are Making A Difference Serving .Barrered Women and Children Sinc:e J 977 -#' :2- r. 3/16/0rr M Cc. f11frj-. 03/13/2009 17:22 Received: 9098897312 Mar 13 2009 050360m OPTI ON HOUSE PAGE 03 However, it should not be at the price of jeopardizing the safety of the women and children who come ill Option House, Inc. seeking a safe haven. Where wiU 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 anotba 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. Furthennore, Option House owns thi.!; property. We are weU established in this community and have been for 26 ye8l:'S. 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 BemlU"dino and Option House, Inc. has WOl:k:ed together for yellIs to assist victims of domestic violence. Together, we ha~e 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. 7l:2'$: . Velda Griffin j~ Executive Director Option House, Inc. Entered Into Rae. at MCC/CDC Mlg: :3hIP /0,'1 by: Agenda Item No: -) '-I by: i1Ju-t. U~ ~ity Clerk DC Secretary : iiy 01 San Bernardino 03/12/2009 10:26 M^ILING ADDRESS 1'0 Box 970 San J1{!rnardino, CA 92402-0970 Phone' (909) 383-1602 Fax. (909) 889-7312 : BOARD OF DrRECTORS Diane Anderson Rljeyil'lg Chlldng Karhryn Ervin Sarah Harrzs()n Veatrice JewJ,' Wil1iaml-ong i Pau.la McLemol"e. J\;{ary Parks j.Protima Pand~y IRob~rt Saeru , I."v/cry Teurra 4.mber Vander Hetll I:ec::utive -Director elda Griffit. On-Profil SOl (C)(3) Tax Exempt # 95-3760212 ] Donac1ons CITe TRX I Dcduo.:tihlc I r(isir u..~ 0,. lITe web Q.I.' ~'ww. opr;ollhow-f::. Dr/? '. U....it=Cld~~ Received: 9513682550 Mar 12 2009 11 35am ICLS RIVERSIDE PAGE 02/04 FiECE/VED_C/TY CL ' Ellk 2009 HAR /2 PH /: so Option House, Inc. Intervention and Prevention Services A.gency 813 North uD" Street, Ste. 3, San Bernardino, C4 92401 VIA FAX Ol'.'L Y March] I '" 2009 M.yor Patrick Morris Members of the City Council City of San Bernardino 300 N. "D" Street San Bernardino, CA 924] 8 Re: APPEAL OF CONDITIONAL USE PERMIT NO.08-2! FOR 840 N. SIERRA WAY, SAN BERNARDINO; HEARING DATE: 3/16/2009 Honorable Mayor Morris and Respected Members of the City Council, I am writing to request a continuance of the hearing on the above-mentioned appeal so that the voices of opposition from Option House are heard by the council. The Executive 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 Senator McLeod in Sacramento on 31l6/09 to talk .bout budget cuts affecting victims of domestic violence in San Bernardino. 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 mcetiugs 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 thnds. This is the only chance Option House has to be heard in Sacramento and to gamer su.pport for the work we do to end violence in OUT COmmun ity and make San Bernardino a s.fe place for families. Unfortunately, March 16'" 2009 is also the day when the city council for San Bernardino will hear the appeal on denial of conditional use permit~o. 08-21 and I strongly recommend denial of the permit for the facility. While we at OptiOIl House support the work that the facility proposes to do, we strongly feel that the proposed location is ulLSuitable for this type of facility. III particular, this facility is going to be precariously close to a .belter for domestic violence victims aud their bmilies that bas provided a safe-baven for fleeing violence in the borne for almost tbirty (30) years in tile city of San Bernardino. Tbe shelter is operated by Option HOuse alld is tbe only shelter of its kind in a 40-mile radius of the city of Sail Bernardino. All a result of operating tbis shelter, Option House bas beell 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 tbe city of San Bernardino. Together, We Are Making A Difference Serving Bateered Wome" alld Chi/dr.n Sinc" 1977 /ll!e~tbJ:kn. -=# 2 'f 3//-6/01 03/12/2009 10:26 M"ILlNG ADDRESS PO Box 970 San Bern.a,.din.o, CA 91402-0970 Phon.: (909) 383-1602 Fax: (909) 889-73/2 1l0AIU) OF DIRECTORS Diane Anderum I R.ueyDng CJmang , K.athryn Ervih Sarah !-l(lJ',..;~on I I Vearrice Jews WiIliaffll.ong Paula McJ_em()r~ Mary Parks Protima Pand~ iRoberr Saenz rary Texeira I ",ber Vander He"1 ~l:;ecutive Director r<lda G"U{in l' on-I'roft[ 501 (C)(3) "uEXe::n1pt# 95.3760212 II Donations &'e TM( : Deductible I 'ri.s-LC us on me wISh Qt: l1':'Wlf. opriol1holJ,'c.. orlJ io Unitit:d-=O:l:l Received: 9513682550 M.r 12 2008 11036.m ICLS RIVERSIDE PAGE 03(04 Option House, Inc. Intervention ond Prevention Services Agency 813 Nonh "D" Street, Ste. 3, San Bernardino, CA 92401 Page 2 To place a facility housing parolees, some of whom may be perpetntors of domestic violence on parole from the sentence for abusing th.eir families, will directly threaten the 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 concerns for the folJowing: A} Vastly inc~ease the chances of jeopardizing safety of our residents and their children; B) The lack of any other similar facility for domestic violence victims in the city of San Bernardino lea"ing victims with choosing to stay in a violent home or leave to go far f~om their children's school, their support system, thei~ jurisdiction for family law cases, etc.; C) The potential cbilling effect On future victims and families who want to nee Violence but alre afraid that they might encountelr the very abuser they fled from if they move to OUr shelter and know that the proposed facility is operating nearby; D) The increase in crime statistics in the city of San Bernardino resulting from fewer families using our facility and services due to its safety concerns; E) The message that the city council will.end out if the permit is granted- Fleeing from Family Violence is not as important as rehabilitating the lives of perpetrators of family violence. I have a more exhaustive list of concerns that I will be abl.e to voice jf permitted to have a hearing. As a practicing attorney representing low income victims of domestic violence, it is my experience and opinion that fleeing family violence, secking assistaoce to break the 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 mem bers of the city and to the elected representatives ofthe city, the council must deny the grant of the permit for reasons that the location of the facility will chill a 3ll---year effort at ending violence in our community. While for-profit agencies, like the one seeking th.e permit, have the option to seek another location within the city more suitable for the proposed facility, Option House cannot go anywhere. lfthe permit were to be granted at the location above, our residents' safety will be jeopardized and they will return or remain in the very environment that potential residents of the proposed f8.Cility committed the crimes that they are on parole for. Together, We Are Making A Difference Serving Bartered WOlhen andChild,el1 Since 1977 03/12/2009 10:25 l\1AIL~C "OORESS 1'0 Box 970 San Bernardino, CA 92402-0970 Phone: (909) 383-/602 Fax.' (909)889.7312 BOARD 0" DIRECTORS Dian.e AndersoT! Rueyllng Ch'UtYlg Kathryn D";n Sarah Harri,~on VaQ[rice .J~ws WWiam Lon.g Paula McLemore IMary Parks rrOlima Pandey I Fobert SCJe/tz ~fary Texeira 11mb", Vandor Held I , I ~Xltcutive Director Teldu Griffin i N1"-Profil50JIC)(3J Ta.'t I:xcmpt # 95-3760212 AliI Donation, art Tax Deductible J it"' on "''' ",.h al.: 'TWOPitOnha"s,.or" ,~ ~ U""'t;c:::a_~ Received: 9513582550 M,r 12 2009 11:36,. ICLS RIVERSIDE PAGE 04/04 Option House, Inc. Intervention and PreventiQn Services Agency 813 North "D" Street. SIe. 3, San BernardillQ, C4 92401 Page 3 F Or these and related reasons that can. be better voiced at a hearing, I strongly urge the council to vote against granting the conditional use permit and deny the appeal in the interest of continuing to work towards providing safe havens for families fleeing domestic violence. This wiU not only send the right message to the resident.! of OUr historic city but will also let the community know that We an still a city where families Come fint. If the council allows a continuance of the hearing on 3116/09, Velda Gri.ffin and me will be prcsent before the council at its next meeting on 4/6/09 and testify to these and other questions that the council may have while determining the outcome of the appeaL Thank you for putting families first in the city of San Bemardino. We hope for a favorable outcome to the appeal- a denial. Rcspectfully, ~~eY Attorney At Law Vice-President, Board of Directors, Option House Inc. Together, We Are Making A Difference Serving Battered Women ond Chi/wen Since ]977 City of San Bernardino San Bernardino Police Department Interoffice Memorandum To: Mayor and City Council From: Lieutenant Ronald Maass, NW District Commander Subject: 840 N. Sierra Way Date: April 2, 2009 Copies: According to a 2007 census conducted in San Bernardino County by the Community Action Partnership (CAP), the city of San Bernardino houses approximately 1,915 homeless. This represents approximately 26% of the overall homeless population within San Bernardino County (7,331). CAP estimates that county-wide, approximately 83.4% of the homeless were housed in either emergency homeless shelters or transitional housing centers. Estimates from the California Department of Corrections and Rehabilitation show approximately 333 parolees in the "San Bernardino" region, which also includes the nearby un-incorporated areas and the cities of Highland, Yucaipa, Redlands, Lorna Linda, etc. A basic estimate for those homeless parolees residing within the city limits of San Bernardino resulted in a range of approximately 250 or more. I have met with representatives of the applicant, Human Potential Consultants, as well as attended public meetings before the Planning Commission and the City Council. Based upon this information and 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 TJ-IE SEPD IS COMMITTED TO PROVIDING: PROGRESSIVE QUAUTY POLICE SERVICE; A SAFE ENVIRONT\IENT TO IMPROVE TI IE QUALITY OF LIFE; A REDUCTION IN CRIME THROUGH PROBLEJ\.! RECOGNITION AND PROHLEM SOLVING +,~C1r:-AA ::P ;j f, if!{,! ocr 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 t13e 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 tl3eir facilities. We contacted the law enforcement agencies responsible for the various facilities. For the housing facility known as Bridgeback II, located at 1718 W. Vernon Ave in Los Angeles, we were advised of26 calls for service since January I, 2008 (22 in 2008, 4 in 2009 through 3/31/09). A second housing facility, located at 1511 Gramercy Place in Los Angeles, LAPD detectives responded for seven investigations at the facility including batteries (PC 242), conspiracies (PC 182), a death investigation, and a homicide (PC 187). Comparing this to the proposed site, in the same time frame, there were a total of 12 calls for service in the entire block. Two were for 840 Sierra Way and were for burglary alarm and a subject disturbing the peace. The other calls in the neighborhood were for non-violent calls such as burglary reports or unknown/suspicious circumstances, Were there to be a comparable increase in calls for service to that experienced by the LAPD at Bridgeback II, this would result in more than doubling the incidence of calls for service within the entire city block. Taking all of these factors into consideration, the Police Department is very concerned about the potential negative impact on police services, which would draw officers away from tl3e ability to provide timely police service to the surrounding community. The introduction of a facility tl3at 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. CITY OF SAN BERNARDINO Development Services Department - Planning Division Interoffice Memorandum TO: Mayor and Common Council , #./;;J .ztf?~ Terri Rahhal, City Planner FROM: SUBJECT: Item 36 - Human Potential Consultants Appeal of CUP No. 08-21 DATE: April 2, 2009 COPIES: James Penman, City Attorney; Rachel Clark, City Clerk; Mark Weinberg, City Manager; Henry Empefio, 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 I, 2009 from Debra E. Pole of Sidley Austin, LLC 2. A letter dated June 19,2008 from Human Potential Consultants, presenting background information and a program description 3. Ordinance No. MC-1290: Emergency Shelter Overlay District 4- 6 -o~ A1Jf,nJ.. &/4 3'- ---- --.~. .~~ ~~ "~'lley Sidley Page 2 SID"LEYI SIDLEY AUSTIN L-P 555 WEST FIFTH STREET LOS ANGELES, CA 90013 (213) 8"6 6000 (213) B96 6600 FAX BEIJING BfWSSElS CHICAGO DALLAS FR^NKFURT GENEVA t-IONG KONG lONDON LOS ANGELES NEW YORK SAN FRANCISCO SHANG~AI SINGAPORE SYDNEY TOKYO WASHINGTON,D.C dpole=.ialeyeam (213) 896--S623 F"OUNDED 18613 April 1.2009 By Fax and U.S. Mail Henry Empeiio. Esq. City of San Bcrnardino Senior Deputy City Attorney 300 North D Street San Bernardino, California 92418 Re: Appeal of the Planning Commission's Denial of Human Potential Consultants' Annlication for Conditional Use Permit No. 08-21 (Anneal No. 08-07) Dear Mr. Empeiio; As you know, we represent Human Potential Consultants ("HPC") in the above- referenced appeal that was heard on Monday, March 16,2009, at the Mayor and Common CowIcil Meeting and was continued until the Monday, April G, 2009 meeting. In advance of the upcoming hearing, HPC is writing to address issues raised by the Council, Option Housc, and members of Ihe public al Ihe March 16, 2009 public hearing. The City Must Complv With Senate Dill 2 The law compels the Cily ufSan Bernardino 10 approve HPC's applicatiun lor a Conditional Usc Permit ("CUP") to opcn an emcrgcncy shelter scrving the nccds of the City's overwhelming homeless population. Senate Bill 2 (SB 2), which became eftective on January I, 2008, llffiended both California Housing Element Law and the Housing Accountability Act, so as to addrcss thc lcgislaturc' s conccrn that local govcrnmcnts wcrc inhibiting thc dcvclopmcnt of emergency shelters on the basis of "Not In My Backyard" ("NIMBY") politics. sa 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 ri ght. I Furthermore, under SB 2, the Housing Accountability Act prevents local governments from disapprOVing emergency shelters in other permissible land use zones unless one of live n/lrTOW cxccptions i. mct2 In dcnying HPC's CUP application, the Planning Commission 1 Co], GOY', Code S 65:583. , Co!. GOY'! Code S 65589.5(d). S.aleyA........liJ'I.allm..ll:I.D.lityC\.r'ln........praalOnllO'\arn~alJOrI....thO"'_SICJl.Yjl,UlUn~tW\lp' LAl 1516850....2 Received 04-01-2009 01 :32pm From-Sidley To-CITY OF SAN BERNARDI Pa.e 001 .......,.t., . '2~ .r-rJ ~:i.dley Sidley Page 3 SIDiEVI Hemy Empeiio, E.'1. April I ,2009 Page 2 erroneously asserted that two of the five ex~eptjons were met. California law places a heavy burden on the City by requiring a showing of substantial evidence in order to prove that anyone of the exceptions is met. Accordingly, the City may not avail itself of the fifth Housing Accountability Act exception because the Citr has not adopted an updated Housing Element and is out of compliance with this aspect of 8B 2. Additionally, the City may not avail itself of the second Housing Accountability Act cxccption bccausc the proposcd shcltcr poscs no "specific, advcrsc impact upon public hcalth or safety.'" To establish that thc proposcd shcltcr would posc a "specific, adverse impact" the City must demonstrate that there are "significant, quantifiable, direct, and unavoidable impact[sJ, 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 110t rely upon speculative conjectures about threats posed by homeless individuals on parole or probation as evidence ofa "specific, adverse impact." Moreover, even if the City could meet jts burden of showing that the proposed shelter were to pose an "adverse impact," such an impact can be "satisfactorily mitigate[ d].,,6 Concerns Raised Bv Option House Can Be Mitillated Satisractorilv While HPC lauds the City for heing sensitive to the community concerns raised hy Option House at the March I G, 2009 hearing, such con~erns do not ex~use 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 ~ommitted to developing ~ornmunity partnerships with service organizations like Option House. In fact, Dr. Garnett Newcombe, the CEO and co-founder ofHPC, has attempted to reach out to Option House to discuss ways in which the two organizations can collaborate so as to better serve the community. In an email dated March 30, 2009, HPC Contacted Velda Griffin, the Executive Oin:clor of Option House, to request an opportunity to meel. HPC has since contacted Option House via telephone to tollow-up on the March 30, 2009 email. Hopefully, a meeting between ITPC and Option House will have occurred by the next City Coun~il meeting on April 6, 2009. J The project is "inconsistent with both the jurisdiction's zoning ordinance and general plan liUJd use designation as specified in any element of the general plan as it eXlsted on the date the application was deemed complete. and the jurisdiction has adopted a revised housin&:: element." Co.). Gov't Code ~ 65589.5(dX5) (emphasis added). 4 The project would have a "specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without.. . rendering the development of the emergency sheller financially infeasible." Cat Gov't Code ~ 65589.5(dX2l. 'Cat Gov', Codc * 65589.5(dX2l. 'ld. LA115168~Ov2 Received 04-01-2009 01 :32pm J:rnm-Sidley To-CITY OF SAN BERNARDI Pace 003 --" --._--~ ~4.4V.~V rn Sidley Sidley Page 4 SID'LEYI Henry Empei\o, Esq. April I, 2009 Page 3 Unfortunately, however, in letters written to the Conunon 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 "[f]leeing from family violence is not as imporlant as rehabilitating the lives of perpetrators of family violence.,,7 Not only is this view short-sighted. but also it ignores obvious facts. HPC has never indicated that it will be rchabilitating 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 commi"cd acts of domestic violence in their past_ Therefore, by encouraging the City to deny HPC's CUP, Option House is focusing the City's attention on a small portion of the homeless population that HPC has never even indicated it would actually house. As stated above, to establish that the proposed shelter would have a "specific, adverse impact upon the public health and safety," the City must have found "significant, quantifiable, direct, and unavoidable impact[s] based on objective, identified wrilten public health or safety standards, volicies, 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 Hmight" have abused a woman who '';may'' reside at Option House and who "may" pass by HPC's proposed shelter and who "might" confront her abuser. These subjunctive and speculative concerns arc onc of the main rcasons that SB2 was enacted _ to prevent NIMBY altitudes from invading local decision-making, Additionally, HPC has repeatedly explained that it is couunitted to serving the people of San Bernardino. HPC will hire staff from within the conununity and will only provide shelter and services to homeless individuals from San Bernardino. Accordingly, HPC will be housing and rehabilitating those individuals who arc alrcady Jiving on the s!Teet.s of the r.ity, people with whom residents of Option House can come fact:-lo-face t:vt:ryuay. TI.t: huruelt:ss urSa" Bernardino huddle at night on street comers, sleep on city benches, and take refuge in encampments at Seccombe Lake. Such individuals are already in the immediate vicinity of Option House and its residents. HPC's proposed shelter will provide housing and programmatic services to these homeless individuals thereby addressing the more serious threat that unstable street life poses to the residents of Option House. 7 See March II, 2009 Letter from Protima Pandey of Option House to Mayor Morris and the City Council. . Gov/ Code ~ M5K9\(d)(e) LAII516B5Ov.l Received 04-01-20ng 01 "3?pm From-Sidley To-CITY OF SAN BERNARDI Paae 004 -_.___~ ~~.~u.~~ ~~ ::iidley Sidley Page 5 SID'i':EYI Henry Empefio, Esq. April I, 2009 Page 4 Aside from its generalized assertions, Option House has only identified a single, concrete issue posed hy the proposed shelter. [n its March 12, 2009 letter Option House suggests that "[t]he new problem that [HPC's] facility would cause is that there is no way for us to know if a [domcstic violcncc] pcrpctrator is bcing 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 collahoration and is not a "significant, quantifiahle, direct, and unavoidable impact" upon public health or safety as required by Cal. Gov't Code 9 65589.5(d)(2). HPC is not asking the City to choose bctween 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. mc Has A Propertv Interest And An Inve.tment In The North Sierra Wav 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 misinfonncd and ignorcs the suhstantial 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 fimding. Despite the fact that the company is Strucrured 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 conunilled to its mission to provide stable housing, life training, and employment scrviccs to those individuals who havc 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 10 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- I.Al 1.s168~Ov2 Received 04.-01-2009 01 :32pm From-Sidley To-CITY OF SAN BERNARDI Pal'e 005 "..... .....-.J."'y ~l.J tiidley Sidley Page 6 SID'LEYI Henry Empeiio, Esq. April 1, 2009 Page 5 making on thc CUP.9 To this date. HPC is still awaiting thc City Council's dccision on its appeal. As a rcsult of the City's delays, HPC has lost funding strcams 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 Lhat HPC should be able 10 Lind anoLher sheller 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 nol share these unique charactcristics. Approximately 90% of all of the sites in the overlay district are unavailable for emergency shelter development because they do not comply with the I,OOO-foot public transit stop distance requirement and the 500-foot separation requirement from existing single-family homes and other uses. None of the remaining TL sites havc existing structures that could be converted into an emergency shelter. HPC would have 10 engage in coslly neW construction in order to develop an emergency shelter on one of the sites. HPC simply cannot afford to develop a new site within the City. "PC Will Secure J<'undinll When The CUP Is Annroved Bv The Citv 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 bccn unablc to sccurc 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 c"'mot yet identify what the exact sources of funding for the site will be. However, HPC hereby gives the City its a.surance that it will be 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 HPC's well-positioned ability to secure state and tederal government funding will enable HPC to run the proposed shelter without requesting any funding trom the City. HPC's proposed shelter will henefit the citizem of San Bernardino nt no cost to the City. Therefore. the City can use Community Development Block Grant (CDBG) funding or funding from the Economic Dcvclopmcnt Agcncy to fund additional shelters. This will enable the City to comply with SB 2's mandate that it address the annual and seasonal housing needs of its burgeoning homeless population. 9 CUP No. 08a21 wa..s first ~ct on the Planning Cnmmi.'\"ion's agenda on Septemher 16,2008 and W83 twice continued before the Planning Commission issued its deni.1 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 caJendw- until March 16,2009 at which time the City Council again continued the matter until April 6, 2009. . LA] 15J615Ov.2 Received 04-01-2009 01 :32pm From-Sidley To-CITY Of SAN BERNARDI Pal'e 006 --. ---~ -~.~~.~u ~M ;:, 1<11 ey Sidley Page 7 SID'LEYI Henry Empcfio, Esq. April I, 2009 Page 6 OPC'. Proiect. Receive Wide Civic Support On March 26, 2009, HPC opened the A&W Adult Resource Center in Lynwood, California, with Aide Castro, Mayor Pro Tern of Lynwood and Councilmember, participating in the official grand opening and ribbon-cutting ceremony. The opening of the A&W Adult Resource Center has generated support among City, County, State and Federal officials. In fact, hoth State Assemblyman Curren D. Price, 51st District and Chair of the Governmental Organization Comminee, 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 ofeivic suPPOrt is further evidence ofHPCs cummitmenl to the communities that it serves. As discussed above. the City is required by California law to approve HPC's application for a CUP to develop an emergency shelter. The City cannot meet its heavy burden of providing substantial evidence to support any of the exceptions under the Housing Accountability Act. I'urthermore, 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 ITPC's above-referenced appeal. HPC looks forward to addressing any additional concerns atlhe April 6. 2009 hearing. Sincerely, cc: Mayor Patrick J. Morris; City Councilrnembers Esther Estrada, Dennis Baxter, Tobin Brinker, Chas Kelley, Rikke Van Johnson, Wendy McCammaek; Terry Rahhal, City Planner Enclosure LAIIS16850\'2 Received 04-01-2009 01 :32pm From-Sidley To-CITY DF SAN BERNARDI PalL'! 007 ---- --._~.~~ rl~ tnd.ley Sidley ~~-as!?,,~ ~~6zMJ !]u2.L- !Y'@l16" - 'r,c-#61!11 ~~!!/~ ~~~/lal ~O;?/jlLti&J~ @l5'~nkd P7; ~~ rP/r~ C@~ ~... 9'/2;w'}e and ~~Jli/UpJl- !/' pbJe addiaoJl-lo- the eO-mnubJUf/:Y ~Juuood !Mareli 26. 2009 Date ~l7~ Lind( T. linch~ Mem of Co s Received 04-01-2009 01:32pm From-Sidley To-CITY OF SAN BERNARDI Pa.. DDB Page 8 '. , ". " . HUMAN POTENTIAL CONSULTANTS "Your Link to a Better Future" .Iune J L). ::'I!I!S De\ dopmc'ntal Senices Department Jill) \"rth ""D"" Stred S'1l1 l3andr,Jino. l'.\ 9::'-118-000 I "[ B.lFCr Blll'kground on Human Potential Consultants and Analysis of the Proposed Adult Homeless and Resource Center ABOLT lS ht'lhlislwd in J l)LJ7. Ilumdn Potential Consultants. LLC (HPC) is ,'e'" i I~ed h, [he' I S Sll1alll~u,illeSS .\,lmi!1i,tration as a Small Disad'Clnlaged Busin,'" 'In,1 Kr'l) finn: ,he' State' "(('alill'rI1ia SIll,dl Business and Los Angeles Count\' SIl1,dlllllsilleSS [!1krrris,'. l--!c;'ldqu<.lrLLTS ill C~trsul1, CA. HPC \\as ()riginally CUlInl.k'd <1:-; ~lll ";dk'rn.lli\ -: r('S\l;U(l.'" tl'l" the One-Step Centers throughout Los Angeles COllnty. As a result (,f'L11 imp,'c,.,h!e l't.'j_'Ul;'ltioll rhruughl)1I1 the nation for builJing loc::d ecnnUI11JcS thnlllgh j\lllg-tL"Jj~ .lld)>.; \\ith,n tht: communities \\-here their respective projects ~!rL' Il)C~I[('ll. HIJ(' h\...'~;11l1\) 1..'\p~lJhi !11t1) [11...: rL'..illll nflllanaging \Vorkt<.nct' cL'llkreu projt.'l'ts :..111(1 dUtpla(lC'J1h..'llt :;\".'1'\1\".';...:.; J;l( di"pLH..:.:J cnlplu)t.'t.'~; administrati\'t' suppon staflillg _";;1..'1'\ i(l'~: dlld adult L'dUC:ltiulldi ~Lld olL'L'ul'ational r~sidel1tial e~nlers. Sl\J.\IARY DESCRIPTION OF PROGR\.\I rhl..' jlrnpusc-d Adult I IUl11dess and R~soLlrcL' CI..'lltc-l" .\hUllid Il(lt h'...' U \11 1 'u.'....,) \, ir I; ,1 ,_!r'.I~ l,'".':Il:llL'llt Ill" drug reh~lhjlitatiun ('...'Ilkr. ()11 t]k' i!t!k'r lun..!. tIll.." \d~:i! j /{!jill,,:k.'_-'; :1: li R....'.')\,ur...''...' ('",:n~l...'r j" '-I rL':-.idL'lltial training ~l/ld ""lllpll1~ n]....111 (lj"1!'l.'i:l:il:I,\ :kJt .:1.1d:....' :........':; till..' mui!Ij1lL' harri....'!''' llC\""lr;plnYl11t..'llt \"'.\p\..Ti\""llL'\.:J h:- dd::il:-:. nil!) ;:.I()...: 1..'....~lk:l!,\I!: :If~l; \ I 1....;1 (j , \11 ~tl "f.- j I )-.; I/PC ....; \dult II'llll\..'k",,;:-, ~IIlJ RI..',....lllll\:I..' l"I..Tlk'r ~Juil JlI")\ ilk':1 \..'('f~lp:'~' :....Il"j.. ,_' ....',:1'....'....'[ dl..'\ l..'!P/ll11L'II( :"'1\...'1'\ ic....:.\ [p rL'SiJL'llts including ~:I..'dd,..:rrljl..'. .";;PL'i..t! :IJl....1 i 1 h:I..!'....1 1.j1..' 11 I jj.. jl1~ "hili.\, 1..:arl.'I.T r...':.ll!ii,\..'.\:"; ir;lining ,-lnd lllhl..'r ,'llppurti\....' -"\..'1"\;1..'....''\. II~\..' ur;:q'l\: ;tJll:l;~;llll::1j\lJl.'- ~:JI01- 500 [Carsoo Plm Drive. Suite 127 . (drSOO, (A -;0746 . 1.13 10) 756-1560 . f. iJ 10) 756.1561 . iofoeihpremploymeotorg '~",..- _.;.......~~.' 11PC\I1;t!: ...i" \)1. rl1.... Pr\)pn"....d .-\Jult thlll1....k,s~ & /{L'...llllrn.' C....nr....r Pag~ ~ 6 19 ':UIJ8 of carecr oricnted senices 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 free environment: . Social. employability and li\'ing skills training: . Career counseling and other support sen'ices. which are tailored to each resident's need; . Academic enrichment. which prepares residents for long-term sustainability in today" s labor market. The Center shall provide care and supervision to adults (18 ~ 59 years of age) on a long- term basis (up to 6 months on continual residency I. ADI'L T HOMELESS AND RESOURCE CENTER OPERA TIOi\'S The Center will consist of 16 total employees of whom six or seven will be case managers and/or administrative employees working the usual \10nday _ Friday 8:00 am to 5:00 pm workday. The remaining nine employees will work three shins a day to support the 2c1-hour operation. SECl'RITY Access to the lobby wi1l be tightly monitored and controlled by staff An intercom with an enunciator shall be provided to notify staff that someone is waiting. fhe dormitory areas will be constantly monitored. Exterior door abrms \\ ill be PI',); ided to prevent the entrance and exit of anyone. Technologically advanced security cameras shall monitor the entire eXleril)J' parameters: additional lighting will illuminate the exterior. I:\T.\KE, REGISTRA TIO:\' .\:\D E'iROLL\IE'iT lh\;., ilUmhl..'r orro.:'sjd~l1ls ~halj not c.\ct:L'd ~() al ~lJ1: nllL' time ~l11d ~dll\.',ilk'nts \\ill bt: ,lwpped-otT 'Illd picked-up by me'lIls of /-I PC's Iransportati'"l depanll1ent. \,,) r,'sidenls shall be permitted to arri\.e or depart \ ia Iheir Ol\n \ehick. The Ccnter sha1l perlorm a comprehensive intake evaluation on all aspiring residents. rfa residl'nt is not deemed prepared lor intensive academic ,'nrichment. they shall discoIHinue Iheir p'lrticipation. _......,.,...__"'-~r""..._"..__'...~_._.. . ___ HPC\n;}I~~i'i ll(thc Pn)p\lsCJ :\JLJltll()IllI,.'!":~~ & [(!"'''\lure\..' C!,.'Jll..:r P:J~~ .:: 6 I \) ~ U()S DOIUIITORY , I Individuals per room Sq.Ft per I Room Size! Individual I J ! 2 people in a room 50 , 70 , , 3 people in a room 30 90 4 people in a room (dormitory style) 27.5 110 TABLE I Dormitory Contiuur'ltions Typicalli,.ing quarters will provide adequate number of functional. ckan. full seryice bathrooms such as: toikts/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 wilh Disabilities Act. KITCHEN/DINING A central kitchen and dinning facility will provide meals and snacks for residents. The dining room ,\ill be furnished "ith round tables intended to ,'Ilcourage IClllli1y-stYle eating and interactions. Adopted: lIov....er 25. 2008 Effective: lIov~r 25. 2008 1 ORDINANCE NO. KC-1290 2 AN URGENCY ORDINANCE AMENDING AND EXTENDING ORDINANCE NO. MC-U88, "AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO 3 AMENDING SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.02.050, 19.08.020, TABLE 08.01, AND ADDING CHAPTER 19.1O-E, 4 EMERGENCY SHELTER OVERLAY DISTRICT...," AMENDING SECTION 19.06.020, TABLE 06.01, MODIFYING THE AREAS DESIGNATED WITHIN mE EMERGENCY 5 SHELTER OVERLAY DISTRICT, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY. 6 7 Tbe Mayor and Common Council of tbe City of San Bernardino do ordain as foHows: 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 ofprotecling 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 I, 2008, Chapter 633, Statutes of 2007 ("Senate Bill 2") 22 amended California Government Code Section 65583 to require local governments to amend their 23 General Plan Housing Element to identify a land use zone wherein emergency homeless shelters are 24 a permitted use without a conditional use permit or other discretionary permit; and, 25 WHEREAS, Senate Bill 2 amended Government Code Section 65589.5(d) to provide that 26 a local agency shall not disapprove a land use application for an emergency shelter within any zone. 27 or conditionally approve a land use application for an emergency shelter within any zone in such 28 manner as to render the project infeasible, unless it makes written findings, based upon substantial F:\E~PENO\OrdinancC$\E~cncy Shelter Ordinance J 1-2S-C8.wpd KC-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 ofarevised 18 Housing Element in compliance with Senate Bill 2, may adopt a zoning ordinance which identifies 19 a zone or zones where emergency shelters are allowed as a permitted use without a conditional use 20 permit or other discretionary permit, and thus recognizes that the adoption of said ordinance may 21 constitute substantial compliance with Senate Bill 2; and 22 WHEREAS, the City of San Bernardino Development Code currently includes emergency 23 homeless shelters in the category of social services with residential components, which are allowed 24 as a conditionally permitted use City-wide in several residential and comrnercialland use districts 2 5 and throughout the TL,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 Bemardino, in a variety of locations, currently has several 28 existing emergency shelters which provide in excess of 300 beds for the homeless. Tn addition, the F:I.EMPENO\Ordinances\Emergency Shelter Ordinance Il.2S-08.wpd 2 HC-1290 1 Salvation Army's I 24-bed year round homeless shelter for men is currently under construction at 363 2 South Doolittle Road, and the application for another Salvation Army I 50-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 Elcment. The Planning Center has extensive 8 experience with housing element preparation and the certification review process with the California 9 Department of Housing and Community Development (HCD). The City's Request for Proposals 10 issued on January 2, 2008, specifically stated that an update of the City's General Plan Housing 11 Element in compliance with Senate Bill 2 was needed, among other requirements. The City's 12 contract with The Planning Center specifically listed the requirements of Senate Bill 2 in the Scope 13 of Work, including an identification and analysis of the needs of homeless persons and families in 14 the City of San Bernardino as required by Senate Bill 2; and 15 WHEREAS, as identified on HCD's website as of November 7, 2008, no city out of the 24 16 cities in the County of San Bernardino and no city out of the 24 cities in the CountyofRivcrsidehas 17 adopted and reccived 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 Bemardino has made substantial progress in complying with the requirements of Senate Bill 20 2. The Preliminary Draft of the revised Housing Element is expected from The Planning Center in 21 November 2008; and 22 WHEREAS, the Mayor and Council recognize that Senate Bill 2 requires that the City's 23 General Plan Housing Element must include land use zones which will provide sufficient 24 opportunities for new emergency shelters to meet the need identified in the consultant's analysis; and 25 WHEREAS, the Mayor and Council find that the existing emergency shelters, the emergency 26 shelters under construction, and the new emergency shelters proposed for construction, together with 27 opportunities for development of new emergency shelters in the residential, industrial, and 28 commercial land use districts with the approval ofa Conditional Use Permit, and the adoption of this F:\EMPESO\Ordinances\Emergcncy Shelter Ordinance 11-25-08. wpd 3 HC-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 ofthe City of San Bernardino Amending San Bernardino Municipal Code (Development 9 Code) Section 19.02.050, 19.08.020, Table 08.01, and adding Chapter 19.1 O-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 of3nl Street, East of Waterman A venue 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 infonnation from The Planoing 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 h~by 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:\EMPENOlOrdinances\Emergcncy Sheller Ordinance I) .25-G8.wpd 4 XC-1290 1 WHEREAS, the Mayor and Common Council make the following findings of a current and 2 immediate threat to the public health, safety and welfare as required by California Government Code 3 Section 65858: 4 I. The City of San Bernardino has sufficient emergency shelters, transitional and supportive 5 housing facilities in existence as "grandfathered" uses under prior versions ofthe Development Code. 6 It also has numerous low-income housing developments and government subsidized housing 7 facilities which lower the threshold of the transition from homelessness to sheltered. 8 2. As a consequence of the recent housing crisis and of previous housing crises, the City of San 9 Bernardino has experienced a history of housing affordability relative to other communities which 10 has facilitated the location in San Bernardino of sufficient emergency shelters, transitional and 11 supportive housing facilities that accommodate six (6) or fewer unrelated adults and are not therefore 12 subject to regulation by the City. 13 3. Because of the systemic hostility of other regional entities to the presence of homeless 14 persons, the City of San Bernardino is in the same posture as downtown Los Angeles in terms of the 15 disproportionate supply of shelter and service providers across the region that has led to a 16 disproportionate concentration of homeless persons in the City of San Bernardino. There exists a 17 confusion as to the needs of the San Bemardino homeless, the regional homeless who migrate to San 18 Bernardino, and the national homeless for whom San Bernardino is a warm weather stop. 19 4. The concentration of homeless persons in the City of San Bernardino, including the mentally 20 ill and those suffering substance abuse, is detrimental to their rehabilitation in that they have 21 developed in some instances, and have become part of informal but enduring networKs that support 22 their illness against the efforts of the local institutions for their rehabilitation. 23 5. The improper location of emergency shelters in all parts of the City of San Bernardino, at this 24 time of economic crisis in the housing market, will facilitate the entrenchment ofland uses in such 25 manner as to further perpetuate the disproportionate distribution of services across the region and 26 will in fact serve to accelerate the processes Senate Bill 2 seeks to defeat. 27 28 F:\EMPENO\Ordmanccs\Emergc;ncy Shelter Ordinance 11-25-08.y,pd s KC-1290 1 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO DO ORDAIN AS FOLLOWS: 3 Section 1. The Mayor and Common Council find that the above-stated Recitals are true 4 and hereby adopt and incorporate them herein. 5 Section 2. Ordinance No. MC-1288 is hereby amended and extended as provided herein. 6 Section 3. San Bernardino Municipal Code (Development Code) Section 19.02.050, 7 Definitions, is hereby amended to add the defmition of "Emergency Shelter" to read as follows: 8 19.02.050 DEFINITIONS 9 Emergency Shelter. As used in Government Code Section 65582, 65583. and 65589.5 10 (Senate BiII-2), and as defined in Health and Safety Code Section 50801(e), "emergency shelter" 11 means housing with minimal supportive services for homeless persons that is limited to occupancy 12 of six months or less by a homeless person. No individual or household maybe denied emergency 13 shelter because of an inability to pay. Emergency shelters shall be occupied only by homeless 14 persons unable to pay for housing. Facilities occupied by individuals who pay for their housing or 15 whose lodginglhousing is paid for by others shall not be permitted as emergency shelters. Also 16 referred to as a "homeless shelter", "homeless facility", or "social service center with a residential 1 7 component." 18 Section 4. San Bernardino Municipal Code (Development Code) Section 19.06.020, 19 Table 06.01 Commercial Districts List of Permitted Uses, and Section 19.08.020, Table 08.01 2 0 Industrial Districts List of Permitted Uses, is hereby amended to allow Emergency Shelters as a 21 pennitted 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 19.1 O-E, see Exhibits A and B, attached hereto and incorporated herein. 24 Section S. San Bernardino Municipal Code (Development Code) Chapter 19.10-E. 25 Emergency Shelter Overlay District, is hereby added to read as shown on Exhibit C. attached hereto 26 and incorporated herein. Attached and incorporated herein as 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:\EMPENOI.ordinances\Emcrgency Shelter. Ordinance 11.2S-Q8.wpd 6 HC-1290 1 Council hereby direct the Development Services Department to implement a program to amend the 2 City's zoning ordinances to meet the requirements of Government Code Section 65583(a)(4)(A) 3 within one year of the adoption of the City's revised Housing Element of the General Plan. 4 Section 7. This Ordinance is based upon the recitals and findings set forth above, and 5 the accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the 6 authority granted to the City of San Bernardino in Article II, Section 7 of the Califomia 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 3] 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 l506I(b)(3) (the activity will not result in a direct or reasonably 16 foreseeable indirect physical change in the environment) and 15060( c X3) (the activity is not a project 17 as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, 18 Chapter 3, because it has no potential for resulting in physical change to the environment, directly 19 or indirectly. 20 Section 10. Severability. If any section, subsection, subdivision, sentence, clause or 21 phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or 22 ineffective by any court of competent jurisdiction, such decision shall not affect the validity or 23 effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and 24 Common Council hereby declares that it would have adopted each section irrespective of the fact that 25 anyone or more subsections, subdivisions, sentences, clauses. or phrases be declared 26 unconstitutional, invalid, or ineffective. 27 III 28 1/1 F:\EMPENO\Ordinanc~s\Emergency Shelter Ordinancl:' 11.25~8,wpd 7 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IfC-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 7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and adlourned Council of the City of San Bernardino at a jo ..t regular meeting thereof, held on the 25ttday 8 of November . 2008, by the following vote, to wit: 9 10 11 6a ~i$frF1n~~ The foregoing Ordinance is hereby approved this :Jf.. p. day of November , 2008. ..-r~ f:1.~ - Tobin Brinker, Mayor Pro Tem City of San Bernardino Approved as to fonn: JAMES F. 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'" o ..!. ... o -s ~ o I.'" o Q 010 1 "8.:; 8~,t. 13'~.s lS. :; u::J 0 fr 0.. ~ ~ e;..~';;; :; u It; .~ c 6 o'~ ~ ~o'fi Co"'~ u = t'II .. 0 ~ :.2 0 u 00..0 rn :r c ~.5 CI.:I U tJ ~ 0 ~-=e.o,> .a a -....r- ] g'~ g .~ ;5 ~1 -o~...J~ ~ ~(W-g'"J!O..s ~ .D ~ <<I ... 0 .- .~ 0 <<I -5 en ta Z at "'AU~o~~" :J .....2 - OU..o tJ :3 5~t2,;"'O~=,cc -<I)'-~Uu-~e <<I u 0 .~:; ::2::1 .... 00 (It U - ell 11'I ~<<Iu~;.::~t;;; Ut8CSZ~.:! . 0 ~ ~ ~ '. , l.LI!U oUJ flI-NMv ci I~ "I iU : '" I u- u , = u CZ:~i U ~ IV '-'1 I i ~" U ~ u- ,,"- U~ " UM "" I \ol:" "i '" u , ;;, I @ S~I ~: I iI8": \ol 0 ' =-u- '"' o f-<Z "'u - ..l '" t; ~ f-< '" - Q ..l ..-: - ~I ~I 0' u I -, :I' ~' \ol -l CQ ..-: ~ I I i I ~I t; -< '" '" ;:l o z -<: ....J: W !fC-1290 6' ~~~ - .0 - o ~ . - ~ S = 0"" ~ '" U u 2 .. '2 ~ -- '- s .;; t! ~;..... o '" u ... ... _ _ 0 0.=90= ..c U C <<.l V -" . ... :.a c::: II( . ;< ~ '" ;; III 11) .,Q =1 -= ~.5 .; o u . "0 'C (:; ~.a ...c! . t,lI 4.l !;II ....... = ... .- 0 u._ ~:03S:::'" IX l:l u :!.~ ~ VI u t::-~ c u c.. > - Ul ....- .!!~~ ti.. . ~ i 1:' ~ ~ ~ o..~ ~ .'" 1:: '0'" =' ;s.: !l .~ g"" .9 o i.- c - I-tJU c.lS...!Ja <..OU vOU vUOU UOv vOU uou UOU UOU UOV UOU UOU uou VOU ~ .!l ~ "" o .. -'" .. = " o _ -g ... 0 _ u 0 0 " 0"" ~ ;;"'8 ~ aO_O .... U III III (0 ~:::I:=S t: ~ 0 0 u u u - "" .~'C: ~ ~ -0-- ... ... '" u =~~~ "'0 ::l .... .- <<::.::; ....;NM~ Cl Cl o Cl Cl o Cl o o Cl Cl Cl Cl Q ~ 1:: " ~ ~ .5 '0 ~..!:! .. ill ~~ u _ -fi,g .- "" f~ ~.!!! - u j~ .~ ~ ::c .= .:!~ -.i ~ g.~ .5 l!! ~ 7iiI ~ _0 '" .~ ~ i i .=i 0 ... e t.l..IU = 0. ..: ~ u .9]- "O~~o u .B I.Q = ]..!! u g e J!i :; II.) :!:! F. ~ "OClJ-a..D t1 .~ -5 "in U .:! "':.c ~ "g i:: c.. ~ 1;Il- u.o~'g .!l g c.~ . i B U.11 . ~ 2!.s~ __ c t:: lo-. .:: .. ~ ell 0 v CoO .- .a ~ u u~'S ... III ell'" ::l ~~u~~o ~,Q;.au"'O:::: u.. 3 u :t r::..E: u :l E "O..!! <<.l :;-;-;2.9 U .- '- ,Q.. "'~o-S"o ~~-~- .~ ~ ~ ~ ~ "'0 .- _ -..... lU 0 [: U ."s :E(J~-5'O;.:: rj EXHIBIT A :b/ : o UCl UUO 10 I I Cl o Cl o UVUCl OIClVUU 0 o UUUO o OUUUUO ~ e :.: ~ e ;g '" "" u e a1 ~ 5 ""'.- u.... .::: = :s ;; t lI)g. :.l~W= l; 8 s....!l~" .= ~t.J;IIlIU v...... ...... OJ) III ..c:: III L.... ~ 10 V ;j CI} ,~ ~ u bb.~ -a >'.5 _ c; c: 2: ;IIlIU-\nC'"ou t:DBU3'8g~rn '0 f!>':; .- . -8 ~ -;; 8 !II -;; ~ So'Gj '8 'u -cuo='uvo t:Ow=:I:O~CIJCIJ -Nr<"l..,fori-.cr'oci Q o uj :!: '" - - fl KC-IZ90 !'" UN U '" U- U ::I: I U I ~vl "'", U "'N' U "'- U ~ W ~ ;;J Q W Eo< Eo< ~ W Il. ;.. o Eo< ~ .. ...l ~ Eo< U iil Eo< ~ .. Q ...l <: o Cl: W ~ ~ o u I.'e; U:;;; " I U"'I " I UN: ! t3 ;sl I 8Nr I 8-1 ~ I U I I I ~ " -o"i-5 ~ ~ o~ t::::; c .. " -8 ~ .~ .;; 11;.: 8Q.o Co. ., " -".. " u " ~ .- i:.Ll' ~ 1 . s U'l ~.D C a ~ ]~] .~ ~.5 ::0 0 VI .5 ~ .!:! ~ ll,.", ~ ~ elI'~ ,~ .S! '- '0 \I~ U 0 ... co 11.~ ! .~ uO~CI== a..wfi.!!~ - Q ~ Q I<l ...l ~ Eo< ) t:: >, 1=1 ~i '-'ll 00, ;:)1 ~i :51 :C 00000 00 o 0000 00000 0000 00000 00000 00000 QQO.oo coco 0000 00000 ~ " .;; ~ a go", 0;- ~ ~ 0 i: "'J '" .Q u =-=;a .a~ ;g~ Uol ~g ~ ~-; coa..c u -= g ~~j~e ~Mu.!::-g :; ; ~ ~ := <IlOO::l:.:! "":r-iM<o:t.n o ~ " IIl- ~ ~ 8 1i ~ ~ -" .. ~ i> s ~ '~.o. - ~ " - " " " ~o] u u.... :.c~U'l ~ - -~ ~ >. ,<;::: I: .D .::: j"-" " u '" ~ .. " ~ .;; II '~ j-:~~.;,g ~ u ; ~ v "0 _ t.l -;tf,.!:!-:: ._ C.Q ~ o~~~g ~-~" -.:i f!..2 u 51- 8 c; .~ UJ~u,-c:; cr::: U 00 0;": EXHIBIT A 000 Iv 0 000 000 I U U 000 0000 U IOU 000 0 10000 U UO 000 1000 IUO OU 100 1000 UO 000 UOOoo uu UOU 000 UOOOO IU uou 000 uoooo vUouou 000 uoooo uuouou 000 00 100 00 0 00 vOOOO IU U 0 0 ...... 1:1 .Jj " .l!i ~i .~ ~ ~Ci 0 ~ "~EJ ..s"O 008 ~ .i_ .0 :"E ~ ~.!:! - 0 - 0.. Ifl- U ;a"~('lI ~~ < ..2ou~ go OV"l- u.c~c en -....... t'.l =0 5.= 3 0""0 C.f.l ~ :.::: ~ Z -- :t Z 'in C ~ ~ ~ Q. ';;;' ~1!1"I::7~ ('lI ....0=-'" <Il;.occu E r;g-rn6-o c..cSltlS~ u -...u.c:::~- .,gl! 5 fi8 &. ~o~~ \IJ(I) (f.l C) >"0 _ "'.... ~ "'0" -=- ...... ~ ~ ~ .... 0 _.... e:s ~.. 0 ~ ~~~ 5.0 ~ s$= o~.;~ ~~ '8 "I.' _ e . '" 00 _ ..::I: " ~ II .. z,. -....... - 100 tU :g ,&J ._ ".. _ ~ ~ ~ t aU ~ :5 o.;t...!. ~ -= ] ~ H.!;! =2""'c =o~"'Oc..c~o"'t.:u o ..2 u 0 =' "0 .5r u._ 0 . U u :::l l.i-i X. UO~OX~~~~~~Z~ZOoo ~ ~ " Iii "';Nl""i~..,; . . . . ci ...; -.01'000\__ NM. KC-1290 eNI '" u- u :z:: u a: ""' u a:...., u a: 'UNI , , a:_ u \.lBi u~ \.l", U fIJ wI" g5'-''''' QI" .,., wu::: ...., ....: ~-ON ,U I , W ' ~ 0_, u ' '"' o ....2:: flJU - .... fIJ .... u ii! .... fIJ is , - <( u Cl: ~i :ei :e o u .s~~ .c _ ".. - ..!!o~s iLl c""r::l 0"'0 oo,?8=;~ l! ~ -6 '0 "s u.=eU'l;':;;: S r.r.I C\. U .... ;iig]-g -5 .- ~ ~ :.a .5 ~ >< cu ~ >.cuW5 ~::;~~.o~ c: (.) 0 cu u t ~'s.. ~ :: -g I .2~uou >1-;111 1ll ~!3 fool Ul..a -= to> III - ~.. - " >, ~ t; c.c ~ ~ :~ i= I! E' ~ '0 ~ 0 .E Uj"~~"V -( u '2 .~ t.: :; flJ QO wls ~ g ""5 l:,~ en ._ I:: r:!..c :s .. ~I ~ !i! ~ u] .2 ~. u 8 .5 g .~ .!! :B -(, ~I...; - = .:S = w .... = -( .... 000 0 00 au 000 0 00 0 000 00 00 OUO 000 000 000 :0 00 0 o 1'"0 0 0' 000 000 o o ~o I x N C 80u -0 o '" "OU 2 E '" .;;0 ~ u c !! 0 t o co -= o 000 o o 000 o o o o o o o ~ "3 ~ " c Cl 0 "C"'O ~ ~0lI ~ w c .9 r:: ~ >cu g -g,,~ fi u ~ III cu U <:,I.~ > 0 u "E"E 8 u ~ u ~~ ]~ E~1Il l!l '~ ~ E ';;;' ~ ~'~:S c en I;!':: ~S:~<""r::l ].3 ~~ ~~!1~~~ .~.c 0 .a ell iLl.::. ~ <;:: ~-" - ,0 !>- "u [I)" -::: -::: ~ .c_~ u_ -;:,;!:vvv" !!Cwoa"<IJ SQ..CUeGl'/)"'O <II cu U C ... _iLl _ cu Qb u.. '-.L. Q {.LJ ~ '5 "a C S B &.5 gf ~ e:- I'll i!!' " U'C ~ - "OZ -= :.:::.:: ~ :11' c a Q. Q. ~ ." ..~ v v '1: .~ u iD ~ iLI'- 0;;-... u - >. >. IlJ :g ... u 0 ~ ~ .0 ... .~..c u v 'G u uuuiii$:JolJ::E.l::.:!.:!>~ ... ;j -N '" ..:;..,.; . . . .0"'; 1Or--000\__ EXHIBIT A 00 0 0 0 00 0 0 0 o 00 0 OU uo 0 0 0 0 0 0 0 :Uo 0 10 0 : 0 : 10 0 1'"0 0'"00 0 00 0 000 0 1 0 :0 0 I :0 00 10 10UO U I 0 , , 0 0 00 ouo UUO-U 0 OUU 0 0 I 0 OUU 0 1 UO 0 UUO 10 ;;: <.> ~ " "" .. ~ ... ~... .. u - u -= C. .~o ~ ...c.-. ti Q) x III - iU U -!, a .~ ~ ~ n "~~ ] '"0 ~.~ ~o ~ ... 1\1) i;)._ "0 == .~ ,,~~ :1 ~ ;.." ~ .- ~ .- ~ ~ ~3~.~ ~ 2 ~ ~ i ~u ~ "'.."Q ;;uo~c;g.. ..,,"" :! ~ u = ='r: "us '" - u S! g ] ~ .i ~ c;. g Bee!.~.~ c ns ns..3 0 ~ ~ c u ~ f.l ~ ._ O!~~~~~~~~~~~~~: Ol-Mf"'i'<:tIt"'lI.Or---.ooC\____ ~ u 't: g >.: o o 00 '" N~r::: S?--- r--"'- __N ..,"'- .,.,00.,., --.., _NO --- UUU ::E::E::E e . - I", I UN. U '" U- U :: U 0(..,. U I , V,) [oJ V,) ;;;> Q [oJ ~ ~ ~ [oJ ll. ... o ~ V,) ... ...l V,) ~ (.) Ql f-< V,) ... Q ...l --( U = Iiiil ::; ::; o (.) I eMI O(J U I I e -I " 0./ u~ " M" U , "j U I (3 :Sf i gNj 0_ U :z: U - <= g Iiiil ...l = -< ~ ~I h ;;1 -I tir .0(. ",! "'i ~I j/ >i 1lC-1290 ClClCl OClCl ClOO Cl ClClClClU ClU ClClClClClU ClClClOU OU OClClOU U OOCl U IU ~Cl~OO U OClO U Cl'hCl U O"c,ClClU o"c,o EXHIBIT A U ClClClClo., I- :; ~ fi N ~ "'0 ~ 0 ~ CJ M_ e :; ~ ~ i3: ->. >. 0", &. .a C :os N - go =-S S ~~ 00 ~ -"'0 ...~... "_s ~ -;:-ou ~ ::.:j ~~_- u ~,~ ~.~ ~, = ~ <II ~ "iIJ _ .S ~ - ~ ~s = ~s ~ - B .~~<o ~ ~~ ~ ~ ~u ~- O(l-u E --- -i:: - '" ~ = ..0 ,! ~ c ~~~g~] ~~g ~ ~ ~ ~~~~~ ~~~~~~~ ~ ~ ~ U'~~ g ~~~~~=~~ ~ 8 u ~u~ .~ ~~~-~O._~ u ~ ~O_~ ~ ~~~e -~~>. ~ u -t"Iu-=~ U U<llt"l~~._u_ ~ 00 -g ~ t"I ~ 0] ~ l:3 E ~ ~ u:E i; ~ 's ~ ~ ..c: g~~bj"'~8~~<Il!.~~~<Il"'u~ ~ ~~~uj'~~~uCJ~~.~a~uto.~t2~ptu u u -- u .... .- - u .- 0Ll- Q, Q. 2 8.~.~>ei~S~~I;~~~=~~~~~ -.."0.. ~~_~o=~u_~uu~ ~~:CU~~~~~~O~~~~~~~~~ ~~~ ~~~~~~ N~~~~~~ ~ u OOClOo. f- U OOOOo.Uf- U 00 0. I- ClC 00. f- 00000. f- Cl Cl 'b 'b 0. f- 00000. I- 00 Clo. I- 00 00. If- OOClOo. I- 00 00. If- 00 00. f- u 00 00. f- Cl o o . c c o o u U ;;;- <:;" r- o N o '" " 9 U " '" ;3 ':; ~ ~ i o " = .; u 'f ~ :;; 00 " 2 o N " -s .... o C ~ " ii ~ o ~ Q. ~ .;:; " :s :; '" .9 ~ "" " '" ~ s " ~ ," o -5 ..c " :c ~ ~ 1;1 " ~ M ] ~ ~ " ;3 o c ~ m 0. '" .S >. C 0:-;: ~ g .D " ~8 ..e >, -.D <- -m .,. ~ g O~ ~ u g;r"1t: aneo~1""'> C:;r.n-.oV"l ..... u 0- ].::! LI_- -=- ~ ff~ u "'~f-::E ~ = :! KC-1290 INDUSTRIAL DISTRICTS - 19.08 EXHIBIT B CHAPfER 19.08 INDUSTRIAL DISTRICTS 19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND CONDffiONALL Y PERMITTED USES The following list represents those primary uses in the manufacturing/industrial zoning disuicts which are Permitted (P), subject to a Development Permit (D) or a Conditional Use Permit (C): TABLE 08.01 INDUSTRIAL DISTRICTS LISf OF PERMITIED USFS MC 888 12/6/93 LAND USE ACTIVITY eH OIP n. IH IE I. Accessory strucwres/uses typically appurtenant to a D D D D D principally permitted land use activity; 2. Agriculwral Production-crops; D D 3. Agriculwral Services; D D D 4. Assembling, cleaning, manufaclIIring, processing, D 01 0 D repairing or testing of products including automotive related (excepl dismantling) and welding and excluding explosives, CODducted entirely within an enclosed strucWre except for screened outdoor storage areas; 5. Assembling, cleaning, manufaclUring, processing, repair D D of products, research, slOrage, testing or wholesale land uses (except explosives) with a portion of the operation (other than storage) occurring outside of the enclosed struCWre: 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 0 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. Emel1(ency Shelters D' 0' II. Enlertaimnent/Recreational Uses: HC-1290 INDUSTRIAL DISfRICfS - 19,08 LAND USE ACTIVITY cn OIP IL IH IE A. Adult Entertainment C C B. Auditoriwns, Convention Halls and Theaters C C C. Miscellaneous Indoor; and 0 C 0 0 O. Miscellaneous Outdoor C C C C 12. Financial; 0 0 13. Fuel Dealers; C C 0 14. Funetal ParlorslMonuaries; 0 0 0 15. Gasoline Service Stations; 0 0 0 16. Heliports/Helipads; C C C C C 17. Impound Vehicle Storage Yards (with or without towing) C C 0 18. Membership organizations, including religious facilities, 0 0 0 meeting halls, and fraternal lodges; 19. MininglExtraction, including aggregate, coal, gas, mela! C and oil; 20. Mobile Home Dealers (sales and service); 0 0 0 21. Offices/Services (administrative and professional); 0 0 0 22. Outdoor contractor's, lumber, and renla! yards and 0 0 0 0 storage areas for building supplies; 23. Outdoor HonicullUral Nurseries; 0 0 0 0 24. Parking Lots; 0 0 0 0 0 25. Personal Services; 0 oj oj 26. Pipelines (As defined by Section 19.2O.030[12][E] or as C C C C C superseded by State or Federal law): 27. Public utility uses, distribution and transmission 0 0 0 0 0 substations and conununication equipment structures; 28. Publishing/Printing Plants; 0 0 0 0 29. Railroad Yards; 0 30. Recycling Facilities; (In compliance with Section 19.06.030[2][P]) 31. Research and Development, including laboratories; 0 0 0 0 32. Retail Commercial; 0 oj D' 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 HC-1290 INDUSTRIAL DISrRICTS - 19.08 LAND USE ACTIVITY CH DIP IL m IE 36. Swap Meets; C C C C 37. Towing Services; D D D 38. Transportation/Distribution; D D D 39. Truck Slops; C C 40. Veterinary Services/Anima1 Boarding; D D 41. Warehousing and Wholesaling, including self-service D D D mini-storage; and 42. Other A. Antennas, Satellite and VerticaJ; D 0 0 0 D B. Cleaning/Janitorial; 0 0 0 C. Copy Centers/Postal Service CenterslBlueprinting; D 0 0 D. Equestrian Trails; P P P P P E. Fences/Wa1ls; 0 0 0 0 0 F. Police/Fire Protection; 0 D D D D G. Single-Family Residential P p P P P (Existing - MC 823 3/2/rn); and H. Temporary Uses (Subject to [1l Temporary Use T T T T T Permit) 'Except auto related. 'Permitted in the Erner2ency Shelter Overlav District. pursuant to Chapter 19.1O-E. J Incidental to a primary use, and contained within a primary structure (15% max.). 'Commission recommends to Council for finaJ 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). 1// 1// 1IC-1290 EMERGENCY SHELTER OVERLAY DISTRICT -19.10-E ExmBIT C CHAPTER 19.10-E EMERGENCY SHELTER OVERLAY DISTRICT 19.10-E.OI0 PURPOSE The purpose of this chapter is to provide for areas within the CH, Conunercial Heavy and IL, Industrial Li2ht land use districts as referenced in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08, where erner~ency shelters, in accordance with Government Code Section 65583, are allowed without a conditional use permit or other discretionary permit. Reco""i7.;1\1l the need for available and affordable sites for establishment of emerllency shelters outside the traditional locations in commercial districts. the Emer~ency Shelter Overlay District provides several areas within the CH and lL districts fur new emerllency shelters to be intellrated with conunercial and Iillht industrial uses and existiIu! social services lhrou2hout the City. The purpose of the desi~nated boundaries (area of applicability) is to maximize the potentia\ for provision of emerllency shelter and sUPpOrt services throuJlhout the City of San Bernardino. 19.10-E.020 APPLICABILITY The Emer~ency Shelter Overlay District shall apply to CH, Commercial Heavy and lL. Industrial Li2ht land use districts as specified in reference maps adopted with the Emer~ency Shelter Overlay District and available in the Development Services l)epartment. All land use rl:ltlllations and development standards for commercial and industrial uses as specified in Chapters 19.06 and 19.08 shall remain in effect. The effect of the Emerllency Shelter Overlay District shal1 be to define the area of applicability where erner~ency shelters shall also be pennitted with Director approval, and to add Ileneral and specific development standards for emerllencv shelters within the CH and IL land use districts. 19.10-E.030 GENERAL PROVISIONS I. Emerllency shelters located within the Emer2ency Shelter Overlay District shall be developed and operated accordin2 to the land use re~lations, development standards and desi2l11lUidelines for the CH and lL Districts, as applicable, as well as Chapter 19.10-E. 2. Emerllency shelters shall be permitted with the approval of a Development Permit Type I within the EmerllettCy Shelter Overlay District as specified in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08. KC-1290 EMERGENCY SHELTER OVERLAY DISTRICT -19.10-E 19.1o-E.04O DEVELOPMENT STANDARDS I. The foUowiIuz standards shall lIIlIlly to develooment of emerl!.encv shelters within the EmerRencv Shelter Overlay District: A EMERGENCY SHELTERS FmenzeI1CY shelters. orovidiruz temoorarv housin2 and suooort services to homeless oersons. shall be oermitted in the Emenzencv Shelter Overlay District of the CH. Commercial Heavv and 1L. Industrial Lil!bt land use: dislrict8. subject to the standards in this Section. As social services with residential C01D1lOnents. emervencv shelters are also conditional1v oermitted in several commercial land use dislricts and tIuollghnllt the 1L. Industrial Lil!bt land use district. The foJlowinll standards shall be n:ouin:d for develooment or establishment of emenzencv shelters in the Emenzencv Shelter Overlay District: (I) The maximum residP.l1t CJ'1'l'l'ity shall be 35: (2) The maximum lenl!th of slav shall be 6 months: (3) The site shall be located no more than Y:. mile from a oublic tran.;~ line: (4) Any new or existin2 structure ol'Ooosed for use as an emenzencv shelter shall meet current California Building Code reauirements. (5) Off-street oarkinll ~hall be oroyided at a ratio of one soace oer 1.000 souare feet of i!I'OSS floor area. or one SDIICe fur each emDloyee on the lamest shift olus one soace for each lII!etlCV vehicle DIus three visitor SD8CCS. whichever is I!I'eater: (6) Fencin2 and exterior lil!btinll conforming to the develomnent standards of ChaDter 19.20 shall be reauired to ensure the security ofsite residents: (7) A security and lIllIIIlIIletnent olan shall be reauired to demonstrate adeauate Dlans and C8DlIbility to 0DerlIte the emenzencv shelter in a safe and effi:ctive manner. including conmlele descriotions of the followinll: (a) Fencinl!.lil!btinl!. video cameras.. and any other Dhvsical imDl'Ovemenls intended to orovide or enhance security for residents and staff: (b) Staffing Dla.... includiruz the Qualifications and resoonsibilities of all staff members and the number and positions of emDloyees on each shift: (c) Procedures and policies for screet>ing of ootentia1 residents to identitY individuals who should be referred to medical facilities. residential care facilities. other service 8l!eIlCies 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. includinl! life skills traininl!. counselinl!, referral to other service ajlencies and job placement assistance; (0 Plans to coordinate services of the facility with other homeless service providers in San Bernardino County, to improve the effectiveness of the network of ajlencies servin!! the homeless, countywide. 1IC-1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 1 Exhibit D-1 1J NORTH ~ 0= 132ft Exhibit D-2 KC-1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2a u NORTH .r'~ ~,.." ,,~";oo. . ~ ....... .1'" h T f Exhibit D-2 1IC-1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2b u NORTH j 3 TiCI City of San Bernardino,. ..._....... -41 _ ~ II. ="- 1IC-1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 3 lli.lllW11 \ I I I j I J CAROLINE ~ J> -1- m ;0 ~ J> Z I -ItVDUSTR/~- ,ft C/) COMMERCIAl-~1 1'"", m III IC) City of San Bernardino , . Exhibit D-3 u NORTH ----.J FARMl.:ANO_ m- <- l>: z- 0=1 C/)- ... HC-1290 Exhibit D.4 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 4 LJ NORTH mJ!~~ [rrh ~1L....J....,.J'\15TH' )> r; () m - 14TH I ).'> , I BASELlNE"Sf . It r, - ~, ~ - ~. z '-1 _. .I> ~ 1"'"", )J 0 0 ;, 0 (f) )> I 0 :n DC' CltY10f San Bernardino I I m r, \.- . l'l ~ a ::a ~ 'I .lio ::.J=ili ...J :c , a:l o z .:::s::: T1 :a )> . " (') ~~ ~ I ~ ~~BRUC,~ ~~~ KC-IZ90 Exhibit 0..5 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 5 u NORTH m rrQME .10 ~--,~ ') 0' ;;;:. '-'11 ;1] < to m ;;0 A m r. m .,-< './l- 1113TH<j }> 0:= () 0- }> ":' }>'- () III ;;0 ""l J>U Om I - (C} City of San Bernardino&_ ~--""-"""Ia.l.. I rnl BASELlNE-ST 111111111 I.r IIII Adopl:ed: lIlov.....er 25. 2008 Effecl:ive: lIlov.....er 25. 2008 1 ORDINANCE NO. KC-1290 2 AN URGENCY ORDINANCE AMENDING AND EXTENDING ORDINANCE NO. MC-Il88, "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, sul3ject 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 I, 2008, Chapter 633, Statutes of 2007 ("Senate Bill 2") 22 amended California Government Code Section 65583 to require local governments to amend their 23 General Plan Housing Element to identify a land use zone wherein emergency homeless shelters are 24 a permitted use without a conditional use permit or other discretionary permit; and, 25 WHEREAS, Senate Bill 2 amended Government Code Section 65589.5(d) to provide that 26 a local agency shall not disapprove a land use application for an emergency shelter within any zone. 27 or conditionally approve a land use application for an emergency shelter within any zone in such 28 manner as to render the project infeasible, unless it makes written findings, based upon substantial F:\EMPENO\Ordinances\Emcrgeru;y ShellcrOrdinance 11-2S-oS.wpd KC-1290 1 evidence in the record as to one offive (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 pennit; and 12 WHEREAS, through the adoption of an urgency ordinance amending the City of San 13 Bernardino Development Code which identifies a zone or zones where emergency shelters are 14 allowed as a permitted use without a conditional use or other discretionary permit, the City will be 15 in substantial compliance with the above described exception pursuant to California Government 16 Code Section 65583(a)(4)(O); and 17 WHEREAS, Senate Bill 2 recognizes that legislative bodies, prior to the adoption ofarevised 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 of300 beds for the homeless. In addition, the F:\EMPENO\Ordini.nces\Emergency Shelter Ordinance .11-25.Q8.wpd 2 1IC-1290 1 Salvation Army's I 24-bed year round homeless shelter for men is currently under construction at 363 2 South Doolittle Road, and the application for another Salvation Army I 50-bed homeless shelter for 3 families and children at 925 W. lOth Street, is currently under review by the City (see list of service 4 providers attached as Exhibit A to the Staff Report for Ordinance No. MC-1288 and which is 5 incorporated herein by reference); and 6 WHEREAS, on May 19, 2008, the City of San Bernardino retained a consultant, The 7 Planning Center, to update the General Plan Housing Element. The Planning Center has extensive 8 experience with housing element preparation and the certification review process with the California 9 Department of Housing and Community Development (HCD). The City's Request for Proposals 10 issued on January 2, 2008, specifically stated that an update of the City's General Plan Housing 11 Element in compliance with Senate Bill 2 was needed, among other requirements. The City's 12 contract with The Planning Center specifically listed the requirements of Senate Bill 2 in the Scope 13 of Work, including an identification and analysis of the needs of homeless persons and families in 14 the City of San Bernardino as required by Senate Bill 2; and 15 WHEREAS, as identified on HCD's website as of November 7, 2008, no city out of the 24 16 cities in the County of San Bernardino and no city out of the 24 cities in the County of Riverside has 17 adopted and received HCD certification of a revised Housing Element; and 18 WHEREAS, in spite of significant budget cuts and the loss ofnwnerous employees, the City 19 of San Bernardino has made substantial progress in complying with the requirements of Senate Bill 2 0 2. The Preliminary Draft of the revised Housing Element is expected from The Planning Center in 21 November 2008; and 22 WHEREAS, the Mayor and Council recognize that Senate Bill 2 requires that the City's 23 General Plan Housing Element must include land use zones which will provide sufficient 24 opportunities for new emergency shelters to meet the need identified in the consultant's analysis; and 25 WHEREAS, the Mayorand Council find that the existing emergency shelters, the emergency 26 shelters under construction, and the new emergency shelters proposed for construction, together with 27 opportunities for development of new emergency shelters in the residential, industrial, and 28 commercial land use districts with the approval of a Conditional Use Permit, and tbe adoption of this F:\EMPE:'-lO\Ordinances\EmergCTKY Shelter Ordinance 11-2S-08.wpd J KC-1290 1 Urgency Ordinance. which will permit new emergency shelters with approval of a nondiscretionary 2 development permit within the CH, Commercial Heavy, and IL, Industrial Light, Land Use Districts 3 in various locations of the City, will provide sufficient emergency shelters to meet the needs of the 4 homeless in the City of San Bernardino in the interim, until a revised Housing Element in full 5 compliance with Senate Bill 2 is adopted by the City; and 6 WHEREAS, at the Council meeting on October 20, 2008, the Mayor and Council 7 unanimously, with a 6-0 vote of the Council, adopted Ordinance No. MC-1288, "An Urgency 8 Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code (Development 9 Code) Section 19.02.050,19.08.020, Table 08.01, and adding Chapter 19.10-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 of3u1 Street, East of Waterman A venue and North 12 of Central Avenue, declaring the urgency thereof, and taking effect immediately." Ordinance No. 13 Me-1288, and the Request for Council Action, Staff Report, Exhibits, and other documents and 14 testimony previously submitted to the Mayor and Council in support of said Ordinance are hereby 15 incorporated herein by reference; and 16 WHEREAS, at the Council meeting on November 17, 2008, the Mayor and Council received 17 information from The Planning Center Consultant on the revised Housing Element regarding 18 emergency shelters and the requirements of Senate Bill 2; and 19 WHEREAS, the Mayor and Council need additional time to study and determine whether the 20 areas of the City designated by this Urgency Ordinance within the Emergency Shelter Overlay 21 District should be modified; and 22 WHEREAS, the above-stated recitals and the Staff Report to this Ordinance are hereby 23 adopted as the written report issued by the Mayor and Council pursuant to Government Code Section 24 65858, which describes the measures taken to alleviate the condition which led to the adoption of 25 the previous urgency ordinance; and 26 WHEREAS, notice of the public hearing for the Mayor and Council's consideration of the 27 proposed Urgency Ordinance was published in The Sun newspaper on November 15,2008, as 28 required by Government Code Section 65858. F:\EMPENO\Ordinances\Emergency Shelter Ordinance 11.25"{)8,wpd 4 KC-1290 1 WHEREAS, the Mayor and Common Council make the following findings of a current and 2 irnmediate threat to the public health, safety and welfare as required by California Government Code 3 Section 65858: 4 I. The City of San Bernardino has sufficient emergency shelters, transitional and supportive 5 housing facilities in existence as "grandfathered" uses under prior versions ofthe Development Code. 6 It also has numerous low-income housing developments and government subsidized housing 7 facilities which lower the threshold of the transition from homelessness to sheltered. 8 2. As a consequence of the recent housing crisis and of previous housing crises, the City of San 9 Bernardino has experienced a history ofbousing 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 bomeless 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. Tbe concentration of homeless persons in the City of San Bernardino, including the mentally 20 ill and those suffering substance abuse, is detrimental to their rehabilitation in that they have 21 developed in some instances, and have become part of informal but enduring networks that support 22 their illness against the efforts of the local institutions for their rehabilitation. 23 5. The improper location of emergency shelters in all parts of the City of San Bernardino, at this 24 time of economic crisis in the housing market, will facilitate the entrenchment ofland uses in such 25 manner as to further perpetuate the disproportionate distribution of services across the region and 26 will in fact serve to accelerate the processes Senate Bill 2 seeks to defeat. 27 28 F:\EMPENO\Ordinances\Emergcncy ShcllcrOrdinancc 11~25"()8.wpd s KC-1290 1 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO DO ORDAIN AS FOLLOWS: 3 Section 1. The Mayor and Common Council find that the above-stated Recitals are true 4 and hereby adopt and incorporate them herein. 5 Section 2. Ordinance No. MC-1288 is hereby amended and extended as provided herein. 6 Section 3. San 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: B 19.02.0S0 DEFINITIONS 9 Emergency Shelter. As used in Government Code Section 65582,65583, and 65589.5 10 (Senate BiIl-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 orhousebold maybe 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 "bomeless shelter", "homeless facility", or "social service center with a residential 1 7 component." 18 Section 4. San Bernardino Municipal Code (Development Code) Section 19.06.020, 19 Table 06.01 Commercial Districts List of Permitted Uses, and Section 19.08.020, Table 08.01 2 0 Industrial Districts List of Permitted Uses, is hereby amended to allow Emergency Sbelters 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:\EMPESO\Ordinanc~\Emergency Shelter Ordinance 11-2S-08.wpd 6 1IC-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. Pursuantto Sections 31 and 121 of the Charter of the City of San Bernardino 10 and Government Code Section 65858, this Ordinance shall take effect immediately. This Ordinance 11 shall be of no further force and effect 10 months and 15 days from its date of adoption unless 12 extended by action ofthe Mayor and Common Council. 13 Section 9. Compliance with tbe 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 1506I(b)(3) (the activity will not result in a direct or reasonably 16 foreseeable indirect physical change in the environment) and 15060( c)(3) (the activity is not a project 17 as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, 18 Chapter 3, because it has no potential for resulting in physical change to the environment, directly 19 or indirectly. 20 Section 10. Severability. If any section, subsection, subdivision, sentence, clause or 21 phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or 22 ineffective by any court of competent jurisdiction, such decision shall not affect the validity or 23 effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and 24 Common Council hereby declares that it would have adopted each section irrespective of the fact that 25 anyone or more subsections, subdivisions, sentences, clauses, or phrases be declared 26 unconstitutional, invalid, or ineffective. 27 1// 28 III F:\EMPENO\Ordinances\Emergency Shelter Ordinance 11-2S...QS.wpd 7 22 23 24 25 26 27 28 KC-1290 1 AN URGENCY ORDINANCE AMENDING AND EXTENDING ORDINANCE NO. MC-U88, "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 19.1o.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 Council of the City of San Bernardino at a joht regular meeting thereof, held on the 25ttday 7 8 of November . 2008, by the following vote, to wit: 9 10 11 12 13 14 15 16 17 18 19 20 21 6c7 ~~~n~~ The foregoing Ordinance is hereby approved this :I';tI, day of November ,2008. ...-r ~ Ci..h ~ Tobin Brinker, Mayor Pro Tem City of San Bernardino Approved as to fonn: JAMES F. 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"G " ~ .. .9 '0 ~~ gj,~ E.s .<: 0 u _ .- " oj ~ ~.:!! 2 ~ ]~ '" u :.: ~ ..,- s~t.i r; :3.~ - ~ .:!! ~ " -;j u 0 '" 'U1 ~ -.: ~ UU l.I..lU:: <<:l.o ..; '" .!; -0';''0 ~!l~ = u.!! ~ ~ ~ ~ l'O ~ !! 5 :; ~ca~.o ~ ~ -5 'w u -~ ....:.a e "g ~ c.:J" 1;1)- u ~ u ~.5 ..:2~'u-'" - :I m u'~ ~ ~;::E --~",OVbO .-..a ~ u ea.5 - III ell '"' ~ :l ::;':(j~:JO ~.o:S1j"O:=: L:.. !! u :r ~.s: u~E~..!.!u :;-;!l:I;~.s ~(g 1) oS ~ 0' ca"~-;:J'; .~ ~ .~ ~ ~ B u 0 ~ u ca"s ()~-sc;;.: '.:) EXHIBIT A , . I ,0 o uo uuo :'0 o o 0 o UUUQ o ouuu o uuuo o ouuuuo ~ E ~ ~ ~ 'u en e n ~ = "'-u'" .~ .......::... ~ ~ 1::: ClJ " II) 0.. ~ ~ u == ii g S Lt. u tJ .:: 0 I'\l u = u .!Ui ~;~~ ." en .~ E-;" U tb.~ ~ >-5 _ -; " ~ cOg-ulIIc,.l:loiU Q:l U 3'~ 1: ~ I;/) "C ClI).fj._ Ie lU ...- 8 II -; a- g.:9 .~ .:!! _ E " 0 ::I rl " g ",,,,:>:::>::0":,,,,,, -N...;."."";\cr-.:oci Q o uj s 0; Q KC-1290 rn fol rn ;:J Q fol !: ~ fol ll.. ... o E- rn - ... rn E- '-i 12 E- rn - Q ... <( - '-i a: fol ~ ~ o u I", . UNI U '" ! t.l-i U I [a I ~vl eMi ! et: j uC'l! ~ I t,.; -: I " e;1 U;;rl' " \,.JM. [ I " NI u " ~I u;::; ON U 0_ u z u - o -.6 o lol ... == <( E- ~ ., -o'i-= ~ ~ 9' .,- ~C;11 ~ ~ .~ .;: t/;.:: 0-_ s..~g "fi :l ~ .- L.rJ <lIlI f .:; ~ goO. ,," ., ~E~ >j .~ ~.9 E--. :is 0 lof'l -I S ~.!:! >, - ~ !!..= 1=1' <: ~ ...~ u Q.,l", - ::':1 CIJ 'u ~ ~ C4 _ ~ ~ ~ "5 :gi 0 8 .~ ~ ~ 01 5 0 c; "'8 = z: Q., u ~..!..g :51 :I: 00000 oc:: 0 o 0000 00000 0000 : 00000 00000 00000 00000 0000 0000: 00000 ~ o '<i ~ ;: 8'CZl u ..c t.l lI'l 1= rn- .cU ~:! := ~ 1:'1I to -~ ~~ u" gg ~]; ~.c~..s~ ~~~~~ .8"U..,,, ;g~~~ O:COO:I:....l .....:NM.ori ~ ~ ~ ~o ." X " i IoL1 ~ .;:: .. ~ ~:; ili .;:: 0 /! ~ ~.: ::t .!! !l ;....t:: c .c .:: ~ ~ u 0iJ -= ... "' r:: J ~ ~ ~ .~ .!! ~ :0 "0 =a ""G.I;l.M ~'8-~ '" u.E _ .- =.0 ~ oe>.<'Ss y- ~ ~' c "2..9 "'3 ~I g !l :=~ ~,U 1:10 0:"" .... EXHIBIT A 000 U 0 000 0001 U UI 000 0000 U IOU 000 I I o 0000 U uo 000 000 UO OU 100 :000 : uc : 000 uoooo uu uou 000 uoooo IU :UQU 000 uoooo uuouoU 000 uoooo uuouou 000 00 00 :00 I . 0 :00 . uoooo IU U 0 0 'i'- ~ Jj 0 j ~ i .~ ~Q ~ " ~ ~ .;:: '" 8 t: ~ ,~. :8 f'g~~:1l -_ B ~=>.c; Q. t:o ~ ::I 0 \-" ~ C. ... -- ...... - lu,.G:! 0 ~ III s:: 0 5:= ~ c CI) tZi "l:t .~ '-- ~ ;Z52 1! <:- M a. e ~ ~ ~ ~"' u ~ 8'.So n ~ .- c -g ~ c:: ~ g - en 50 0 <5 s.-g~tag !.l "';"'Ur::~ciS ~ ]~~eu a Cl)O~~~g ~ tf) ~ ~ 'E ~ lI'l":; !:ll -g 'V) :; ~ ~ !!$i~ e.o ~ ~$= ~.H~ 8:.... 'asQ-!~~tf)-~=o""~~~ u rI) i.o e u '"' ... 5 ~ u .0 (5 'c -; ~ 00 ~ ~ e -e 8 g:a...!.] ~A ~ ~.y o ~..2 u 0 ::s"O.9'" u .S 0 'u 8 3 IE X. uo....o~....l~~~~~;ZN;ZO~ ~ ., N '" "':Nr""l"';V) . . . .0.....: \0["0000\-- NM" -- - KC-1290 1:) NI : I ~-I :: I U =.,. U =,.., U =N U = U- ",'" U[Q .,. 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"S -g ~ .~ ~ ~ >~ g ]:0 = U"; III I\J~ ~ vV'" >0 u .~ ~ ~ ~ ::! ~ J:j::E .5 <1'1 i1J!3 <II tl .ij ..." ~ ~ ~ is 1;1 c en ..!!.s c- c:w:~::> ] _ ,... ,. u 0.. -..... ~ 5 ""~ ;.: .- ClO 11 W Vol U -;'" :;; ~ ~55~8~ ~i:iO ~Ol) U__..._"'h -o~ l:l~ Cl)r::--~- .0 -t:: Cis I\J _ ~ 'I:: <; V u a:: .!!J C 100 0.0"'" .1:: Q., ,!II ,~ CI.:I '"C Vll'SUr::_U_""Qi)__ Cl u.l ~ C ',= c '0 (.) fr c CD 00 e- .. ~.5 U -s ~ s u = 1: :E] a CDS .C c ... ... i:! - ~ u u 'C . U ilS ii: U '3 .8 ~o' u;.:: >- >. U ::9 ';i u 0 ::2 ~ .~ i ~ ~ 'G u uuuiiiOJj"d::;...=oc:>~ - N,.., . . . .0"'; \01"'-000\-_ .. '" EXHIBIT A 00 0 10 o 00 0 0 o 10 o 00 0 OU UO o o o o o I I UO o o Q lQ 10 Q I Q t o I b obo 00 0 000 o I 10 10 o OOIOIOUO U I Q t o o UUOu OOIOUO Cl OUU o 01 OIIOUU 01 UCl o UUO 10 :c ~ u ~ -g _0 _ .. u .... :c~ Q. .SOo t: n n""i) e .~ "3~ UU - Q i3 :E ~ lit U too '"C ~ ~ .~ ~o ~ @ I!.~ Ii ~;g e 1 lU E! ; '" I:&:: ._ u ._ ~ s ~ ~ .~ ~ ~ ~ e i ~u ~ "~o>1;;u6~"" ~e! ; '5 ~ ~ :E 3 '; ~ ~"2 8."5 ~ B ~ :is 11 E >- g ~] ~:.=:..s-a l!l~~du8~;g~......:lL:l~ ~""';NM~ori..or-..:ocia\~=~~ :wi Cl o 01 00 '" N;8r::: ~~- t::-"N ,..,,,,- ",00", --,.., _NO --- u~U ::;...::; o o - '" u.., '" roil '" ;:;. Q roil .... .... ~ roil g. '"' o .... '" .. ..l '" .... (",) 'il .... '" .. Q ..l -< .. (",) llC Iol ~ ~ o (",) z IU - Q '<:l Q Iol ..l = <( .... EXHIBIT A KC-1290 I", I u....., U U 00000. I I- 000 '" U- U 000 00000. u I- = U 000 U ooooo.Uf- ~"" U o U 00 0.. I- ~.., U OOOOU 0000.11- ~..... U OU OOOOOU 00000. f- I !cz::_ U oooou oo'b'bo.. I- ,,0. c,.)~ OOOOU OU 00000. f- U 000 00100. I- U ".... U 'b 01 0 00 IU U 00.11- "'" u:::' 000 U 00000.11- 0..... U 010 00 00. I- U I 0_ U 0"0 Q 0 U 00 00. I- Q::! Cl o 00 00. I- u >- I- ;; B -< t1l '" :l o :z j ] ~ Ii N ~ ~ 0' t 2! IU,....., _ CllI C'I ~ ~ at ... ~~ € ~~ ~ c3 ~~. ,_~~ ~ -UQ . -... ~ ~ i"9u u.. c~ r- E~~~ ~ ~~ ~.~ ~ ~g::es ~ i1'" "= C 0 .~~<o ~ ~o ~ _ : ~.CIG'U c >.~ .g.~ ~ tlO'- C U oCl liii .D !! (li C "'= ~.-cc 0 ~oo= 0 u .D .5"'~u._ ~ u~o... ~ ~ ~ ~~~~~ C ~~.D~~~~'~ ~ ~ - ="'0 0 "OiUI1lC'.::IU III 0 U _ux .~ ~u -~o~~ u ~ ~O_~ ... ~~~e -~.->. 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KC-1290 INDUSTRIAL DISTRIcrs - 19.08 ExmBIT B CHAPI'ER 19.08 INDUSTRIAL DISTRICTS 19.08.020 PERMITIED, DEVELOPMENT PERMITIED AND CONDffiONALL Y PERMITI'ED 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 PERMlTIED USES MC 888 12/6/93 LAND USE ACTIVITY CH OIP II, m IE 1. Accessory sttuctures/uses typically appurtenant to a 0 0 D 0 0 principally permitted land use activity: 2. Agriculmral Production-crops; 0 0 3. Agriculmral Services: 0 D 0 4. Assembling, cleaning, manufacmring, processing, 0 0' D 0 repairing or testing of products including automotive related (except dismantling) and welding and excluding explosives, conducted entirely within an enclosed strUcmre except for screened outdoor storage areas; 5. Assembling, cleaning, manufacturing, processing, repair 0 0 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 sttucwre: 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 aggregall: and other related land uses, not including extraction activities; 7. Crematory; D 0 0 8. Dwelling unit for a full-time security guard and family; D 0 D 9. Educational Service. including day care; 0 0 D C 10. Emerl!ency Shelters D' 0' 11. Entertainment/Recreational Uses: Krr-1290 INDUSTRIAL DISI'RICTS - 19.08 LAND USE ACTIVITY cn OIP IL IH IE A. Adult Entertaimnent C C B. Auditoriums, Convention Halls and Theaters C C C. Miscellaneous Indoor; and 0 C 0 0 O. Miscellaneous Outdoor C C C C 12. Financial; 0 0 13. Fuel Dealers; C C 0 14. Funeral Parlors/Morruaries; D 0 0 15. Gasoline Service Stations; 0 0 0 16. Heliports/Helipads; C C C C C 17. Impound Vehicie Storage Yards (with or without towing) C C 0 18. Membership organizations, including religious facilities, 0 0 0 meeting halls, and fratemallndges; 19. Mining/Extraction, including aggregate, coal, gas, metal C and oil; 20. Mobile Home Dealers (sales and service); 0 0 0 21. Offices/Services (administrative and professional); 0 0 D 22. Outdoor contractor's, lumber. and rental yards and 0 0 0 0 storage areas for building supplies; 23. OUtdoor Honicultural Nurseries; 0 0 0 0 24. Parking Lots; 0 0 0 0 0 25. Personal Services; 0 OJ OJ 26. Pipelines (As defined by Section 19.2O.030[12][E] or as C C C C C superseded by State or Federal law): 27. Public utility uses, distribution and transmission 0 0 0 0 0 substations and communication equipmem Sll"UCtures; 28. PublishingJPrinting Plants; 0 0 0 0 29. Railroad Yards; 0 30. Recyciing Facilities; (In compliance with Section 19.06.030[2][p]) 31. Research and Development. including laboratories; 0 0 0 0 32. Retail Commercial; 0 OJ OJ 33. Salvage and Wrecking (dismantling) yards; C C 34. Salvage and Wrecking Facilities (completely will1in an C C C enclosed structure); 35. Social Service Centers; C' HC-1290 INDUSTRIAL DISTRICTS - 19.08 LAND USE ACTIVITY CD OIP IL m IE 36. Swap Meets; C C C C 37. Towing Services: D D D 38. Transportation/Distribution; D D D 39. Truck 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 CentersIBlueprinting; 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/'n); and H. Temporary Uses (Subject to [1l Temporary Use T T T T T Pemtit) I Except auto related. 'Permitted in the Emerllency Shelter Overlay District. pursuant to Chapter 19.IO-E. 3 Incidental to a primary use, and contained within a primary slructure (15% max.). 'Commission recommends to Council for final determination. Other similar uses which the Director finds to fit within the purpose/intent of the WDeS, in compliance with Section 19.02.070(3). //I 11/ KC-1290 EMERGENCY SHELTER OVERLAY DISTRICT - 19.1O-E EXlDBIT C CHAPTER 19.10-E EMERGENCY SHELTER OVERLAY DISTRICT 19.10-E.OI0 PURPOSE The purpose of this chaPter is to provide for areas within the CH, Commercial Heavy and IL, Industrial Li~t land use districts as referenced in Table 06.01 ofCbapter 19.06 and Table 08.01 of Chapter 19.08, where emergency shelters, in accordance with Govermneot Code Section 65583, are allowed without a conditional use permit or other discretionary permit. 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 emerllCDCY shelters to be inlelUated with commercial and Iillbt industrial uses and existinll; social services throu~out the City. The purpose of the designated boundaries (area of applicability) is to maximize the tlOIeI1tiaI for provision of etner2ency shelter and sUPpOrt services throu~out the City of San Bernardino. 19.10-E.020 APPLICABILITY The Emer2ency Sbelter Overlay District shall apply to CH, Commercial Heavy and IL. Industrial Li~t land use districts as specified in reference maps adopted with the EmerIlCDCY Shelter Overlay District and available in the DevelOlllIlCl1t Services J)epartment. All land use rel(U\ations 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 emer2ency shelters shall also be permitted with Director approval, and 10 add 2enera1 and specific development standards for emergency shelters within the CH and IL land use districts. 19.10-E.030 GENERAL PROVISIONS I. Emergency shelters located within the Emer2enCy Sbelter Overlay District shall be developed and operated acrordin2 to the land use re2ulations, development standards and desi2J12uidelines for the CH and IL Districts, as applicable, as well as Chapter 19.10-E. 2. Emer2ency shelters shall be permitted with the approval of a Developmem Pennit Type I within the Emer2ency Sbelter Overlay District as specified in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08. KC-1290 EMERGENCY SHELTER OVERLAY DISTRICT -19.10-E 19.1o-E.04O DEVEWPMENT STANDARDS I. The followinll: standards shall aDDlv to develooment of emenzencv shelters within the Emenzencv Shelter Overlay District A EMERGENCY SHELTERS Emenzencv shelters. orovidituz ternoorarv housin2 and SUDoort services to homeless oersons. shall be oennitted in the Emervencv Shelter Overlav District of the CR Commercial Heavv and IL. Industrial Lil!bt land use districts. subject to the standards in this Section. As social services with residential comoonents. ~encv shelters arc also conditionallv oennitted in several commercial land use districts and !broll"",,"t the IL. Industrial Lil!bt land use district. The full0win2 standards sball be n:ouired for develooment or establishment of emenzencv sbelters in the Emenzencv Shelter OverIav District: (I) The maximum resident ClIDlICitv shall be 35: (2) The maximum leruzth of stav shall be 6 months: (3) The site shall be ICW-Jlt...-l no more than Yo mile from a oublic tran!Oit line: (4) Anv new or existiru! structure orooosed for use as an emClllencv shelter shall meet current California Build;.." Code reouirements. (5) Off-street oarkin" sball be orovided at a mtio of one soace ocr 1.000 sauare feet of I!tOSS floor area. or one soace for each emolovee on the lanzest ~hift OlllS one soace for each lIllencv vehicle olllS three visitor S1l8CCS. whichever is I!telIter: (6) Fencin2 and exterior lillhtiruz conform;.." to the develoDDlent standards of CIumter 19.20 shall be reouired to ensure the seewitv of site residents: (7) A seewitv and matIlUlement olan shall be reouired to demonstrate adeanm.. olans and ClIDlIbilitv to ooerate the emetI!encv shelter in a safe and effective manner. includirur comolete descriDlions of the follo~: (a) Fencinl!.lillhtinl!. video cameras. and anv other ohvsical imorovements intended to orovide or enhance security fur residents and staff: (b) StaffinlZ olans. includinl! the lIualifications and resoonsibilities of all staff members and the number and oositions of emolovees on eacb shift: (c) Procedures and oolicies for screenin" of ootential residents to identify individuals who should be 11:1'0;;"':.1 to medical facilities. residential care facilities. other service lIl!encies or law enfon:ement KC-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. includinl! life skills traininl!. counselinl!, referral to other service 3I!encies and iob placement assistance; (t) Plans to coordinate services of the facility with other homeless service providers in San Bernardino County, to improve the effectiveness of the network of 3I!encies servinI! the homeless, countywide. KC-1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 1 Exhibit 0-1 LJ NORTH '\ 0=13211 KC-1290 Exhibit D-2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2a u NORTH L .r.~ ~,.., ..~..;~~ '.. *- illY U. I'" KC-1290 Exhibit D.2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2b u NORTH C) J>. ;;0 6TH-c; ". rr' 1 iCl C'Iy of San Bernardino.. ...-..... "... - ~ . , = MC-1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 3 lliWJJill \ IIIJ I J CAROLINE ~ J> -1- m ;;0 ~ J> z I -INDUSTRlif( 'I C/). COMMERCIAl-~1 ", m III IC) City of San Bernardino , Exhibit 0-3 u NORTH ----..J f:ARMl.:AND _ O=t KC-1290 Exhibit D-4 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 4 it NORTH lij1m~ ~~l'--J.-.JI~ 5TH' r. () m- 1/tTH , , BASELINE-Sf . II r, < ~ -< ~' z ._, -- .P ~ r- )J 0 0 I, 0 (J) 1> 0 :TI I m l(c', Ci~~f San Bernardino I r-, '" " . ~ Cl ::Q S '1 ~ =.J=~ ....J ::c , In o Z x: ):> '1 ~-:J 1> i I ~ (J)=.BRUCE- ~ Ij~ ~m~1 7 ~ () ~-!.i) () o I KC-1290 Exhibit 0-5 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 5 u NORTH -I~TH M ~~ME ~--,~ 0' S;. --m ;U -< _Ffm ,,( I~ 15TH ~MAGi_l~ . CIl G'> 14TH (') m z ~ - lCI City of San Bernardinot - ~ --~ - . '''.&.~ m I '.Il ~ ~~113THg- ;;C () 0 A ~ ~ ~'_ m () en ;;C 5 ~U"1 om BASELINE-Sf WII-. 11111111' I.r 1IIIIIfll ~III