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HomeMy WebLinkAbout12- Community Development ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Terri Rahhal, City Planner Subject: 2"d Reading of an Ordinance of the City of San Bernardino amending San Bernardino Municipal Code Dept: Community Development (Development Code) Sections 19.02.050, 19.06.020, Table 06.01, 19.08.020, Table 08.01 and adding Chapter Date: November 18, 2010 19.10-E to establish the Emergency Shelter Overlay District and designate applicable areas. (Development Code Amendment No. 10-06). MCC Date: December 6, 2010 Synopsis of Previous Council Action: 11/15/2010 — Mayor and Common Council heard the item, closed the public hearing, approved the ordinance with one change and laid the Ordinance over for final adoption. Recommended Motion: That the Ordinance be adopted. Terri Rahhal Contact Person: Terri Rahhal, City Planner Phone: 3330 Supporting data attached: Staff Report Ward(s): 1, 2, 3, 6, 7 FUNDING REQUIREMENTS: Amount: N/A Source: Acct. Description: Finance: Council Notes: A O./P. Agenda Item No. is-o& AAMAdAf �° CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: 2"d Reading of an Ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Sections 19.02.050, 19.06.020, Table 06.01, 19.08.020, Table 08.01 and adding Chapter 19.10-E to establish the Emergency Shelter Overlay District and designate applicable areas. (Development Code Amendment No. 10-06). Backeround: This item was heard on September 20, 2010, and was continued to October 4, November 1, and November 15. Back-up materials were distributed on September 20 and November 15. On November 15, the Ordinance was laid over for adoption, with Area 5 deleted, due to its proximity to Riley Elementary School. The attached Ordinance contains a replacement page for Exhibit D-5, deleting the area previously proposed as Area 5 of the Emergency Shelter Overlay District. It also corrects a non-substantive clerical error on page 5 of the Ordinance, by adding Exhibit D to the list of attachments. Recommended Motion: That the Ordinance be adopted. Attachment: Ordinance with Exhibits Exhibit A: Section 19.06.020, Table 06.01 Commercial Districts List of Permitted Uses. Exhibit B: Section 19.08.020, Table 08.01 Industrial Districts List of Permitted Uses. Exhibit C: Chapter 19.10-E, Emergency Shelter Overlay District Exhibit D: Overlay District Maps 2 1 ORDINANCE NO. COPY C 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN 3 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTIONS 19.02.0509 19.06.020, TABLE 06.01, 19.08.020, TABLE 08.01 AND ADDING CHAPTER 19.10-E TO 4 ESTABLISH THE EMERGENCY SHELTER OVERLAY DISTRICT AND DESIGNATE APPLICABLE AREAS. 5 6 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 7 WHEREAS, Section 40(z)of the City Charter vests the Mayor and Common Council with the 8 power to make and enforce all laws and regulations with respect to municipal affairs, subject only to the 9 restrictions and limitations provided in the Charter or by State law; and 10 WHEREAS, effective January 1, 2008, Chapter 633, Statutes of 2007 ("Senate Bill 2")amended 11 California Government Code Section 65583 to require local governments to amend their General Plan 12 Housing Element to identify a land use zone wherein emergency homeless shelters are a permitted use 13 without a conditional use permit or other discretionary permit; and, 14 WHEREAS, Senate Bill 2 amended Government Code Section 65589.5(d)to provide that a local 5 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 an zone in such manner as 16 Y PP PP � g Y Y 17 to render the project infeasible,unless it makes written findings, based upon substantial evidence in the 18 record as to one of five(5)findings;and 19 WHEREAS, finding number five(5)under Government Code Section 65589.5(d)provides the 20 exception that: 21 The...emergency shelter is inconsistent with both the jurisdiction's zoning ordinance 22 and general plan land use designation as specified in any element of the general plan as 23 it existed on the date the application was deemed complete,and the jurisdiction has 24 adopted a revised housing element in accordance with Section 65588 that is in 25 substantial compliance with this article. 26 WHEREAS,finding number five(5)is subject to the further requirement that the exception is 27 not available if the local agency has failed to identify a zone or zones wherein emergency shelters are 9 allowed as a permitted use without a conditional use permit or other discretionary permit; and WHEREAS,through the adoption of an ordinance amending the City of San Bernardino 2 Development Code which identifies a zone or zones where emergency shelters are allowed as a 3 permitted use without a conditional use or other discretionary permit,the City will be in substantial 4 compliance with the above described exception pursuant to California Government Code Section 5 65583(a)(4)(D); and 6 WHEREAS, Senate Bill 2 recognizes that legislative bodies,prior to the adoption of a revised 7 Housing Element in compliance with Senate Bill 2,may adopt a zoning ordinance which identifies a 8 zone or zones where emergency shelters are allowed as a permitted use without a conditional use permit 9 or other discretionary permit, and thus recognizes that the adoption of said ordinance may constitute 10 substantial compliance with Senate Bill 2; and 11 WHEREAS,the City of San Berardino Development Code currently includes emergency 12 homeless shelters in the category of social services with residential components,which are allowed as a 13 conditionally permitted use City-wide in several residential and commercial land use districts and 14 throughout the IL, Industrial Light land use district with such conditions that do not render such projects Q5 infeasible for development;and 16 WHEREAS,the City of San Berardino, in a variety of locations, currently has several existing 17 emergency shelters which provide in excess of 400 beds for the homeless, including the Salvation is Army's new 124-bed year round homeless shelter for men located at 363 South Doolittle Road. In 19 addition,the Salvation Army has made an application for another 150-bed homeless shelter for families 20 with children at 925 W. 10th Street(see list of service providers attached as Exhibit A to the Staff 21 Report for Ordinance No. MC-1288 and which is incorporated herein by reference); and 22 WHEREAS, on May 19, 2008,the City of San Bernardino retained a consultant, The Planning 23 Center, to update the General Plan Housing Element. The Planning Center has extensive experience 24 with housing element preparation and the certification review process with the California Department of 25 Housing and Community Development(HCD). The City's Request for Proposals issued on January 2, 26 2008, specifically stated that an update of the City's General Plan Housing Element in compliance with 27 Senate Bill 2 was needed, among other requirements. The City's contract with The Planning Center '8 specifically listed the requirements of Senate Bill 2 in the Scope of Work, including an identification 2 and analysis of the needs of homeless persons and families in the City of San Bernardino as required by 2 Senate Bill 2; and 3 WHEREAS, as identified on HCD's website as of September 2, 2010,only eight cities out of the 4 24 cities in the County of San Bernardino and only nine cities out of the 24 cities in the County of 5 Riverside have adopted and received HCD certification of a revised Housing Element; and 6 WHEREAS, in spite of significant budget cuts and the loss of numerous employees,the City of 7 San Bernardino has made substantial progress in complying with the requirements of Senate Bill 2. The 8 City of San Bernardino submitted a Draft Revised Housing Element to HCD on December 21, 2009; and 9 after having received comments from HCD,the City will send a second submittal to HCD within the 10 next thirty days; and 11 WHEREAS, the Mayor and Council recognize that Senate Bill 2 requires that the City's General 12 Plan Housing Element must include land use zones which will provide sufficient 13 opportunities for new emergency shelters to meet the need identified in the consultant's analysis; and 14 WHEREAS, the Mayor and Council find that the existing emergency shelters, the emergency 15 shelters under construction, and the new emergency shelters proposed for construction, together with 16 opportunities for development of new emergency shelters in the residential, industrial, and commercial 17 land use districts with the approval of a Conditional Use Permit, in conjunction with the adoption of this 18 Ordinance, which will permit new emergency shelters with approval of a nondiscretionary development 19 permit within the CH, Commercial Heavy, IL, Industrial Light, and OIP, Office Industrial Park Land 20 Use Districts in various locations of the City, will provide sufficient emergency shelters to meet the 21 needs of the homeless in the City of San Bernardino in the interim, until a revised Housing Element in 22 full compliance with Senate Bill 2 is adopted by the City; and 23 WHEREAS, at the Council meeting on October 20, 2008, the Mayor and Council adopted 24 Ordinance No. MC-1288, "An Urgency Ordinance of the City of San Bernardino Amending San 25 Bernardino Municipal Code(Development Code) Section 19.02.050, 19.08.020, Table 08.01, and 26 adding Chapter 19.10-E, Emergency Shelter Overlay District to permit emergency shelters with 27 approval of a building permit within areas of the IL, Industrial Light, Land Use District lying South of '8 3`d Street, East of Waterman Avenue and North of Central Avenue, declaring the urgency thereof, and 3 1 taking effect immediately." Ordinance No.MC-1288, and the Request for Council Action, Staff C2 Report, Exhibits, and other documents and testimony previously submitted to the Mayor and Council in 3 support of said Ordinance are hereby incorporated herein by reference; and 4 WHEREAS, at the Council meeting on November 17,2008,the Mayor and Council received 5 information from The Planning Center Consultant on the revised Housing Element regarding emergency 6 shelters and the requirements of Senate Bill 2; and 7 WHEREAS, at the Council meeting on November 25, 2008,the Mayor and Council adopted 8 Ordinance No. MC-1290,an Urgency Ordinance which amended and extended Ordinance No. MC- 9 1288,amended Development Code Section 19.02.050, 19.08.020, Table 08.01,added Chapter 19.10-E, 10 amended Section 19.06.020, Table 06.01,and designated five new areas throughout the City in the IL 11 and CH, Commercial Heavy, land use districts within the Emergency Shelter Overlay District, and 12 removed the previously designated area south of 3rd Street, east of Waterman Avenue and north of 13 Central Avenue. Ordinance No. MC-1290, and the Request for Council Action, Staff Report, Exhibits, 14 and other documents and testimony previously submitted to the Mayor and Council in support of said 5 Ordinance are hereby incorporated herein by reference; and 16 WHEREAS, on October 5, 2009,the Mayor and Council adopted Ordinance No. MC-1317, an 17 Urgency Ordinance which amended and extended Ordinance No. MC-1290. Ordinance No. MC-1317, 18 and the Request for Council Action, Staff Report, Exhibits, and other documents and testimony 19 previously submitted to the Mayor and Council in support of said Ordinance are hereby incorporated 20 herein by reference;and 21 WHEREAS on August 25, 2010,the Planning Commission of the City of San Bernardino held a 22 noticed public hearing to consider the proposed ordinance as an amendment to the City Development 23 Code,and recommended that the Mayor and Common Council adopt the ordinance as proposed; and 24 WHEREAS, notice of the public hearing for the Mayor and Council's consideration of this 25 proposed Ordinance was published in The Sun newspaper on September 10, 2010; and 26 WHEREAS, a second notice identifying the five areas previously designated for application of 27 the Emergency Shelter Overlay District and potential addition of a sixth area was published in The Sun /` 28 newspaper on November 5, 2010. 0 4 I 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 and 4 hereby adopt and incorporate them herein. 5 SECTION 2. San Bernardino Municipal Code (Development Code) Section 19.02.050, 6 DEFINITIONS, is hereby amended to add the definition of"Emergency Shelter"to read as follows: R 19.02.050 DEFINITIONS 9 Emergency Shelter. As used in Government Code Sections 65582, 65583 and 65589.5 (Senate to Bill 2), and as defined in Health and Safety Code Section 50801(e), "emergency shelter"means housing I 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 12 inability to pay. Emergency shelters shall be occupied only by homeless persons unable to pay for 13 housing. Facilities occupied by individuals who pay for their housing shall not be permitted as 14 emergency shelters. Also referred to as a"homeless shelter", "homeless facility"or social service center 05 with a residential component." 16 SECTION 3. San Bernardino Municipal Code (Development Code) Section 19.06.020, Table 17 06.01, Commercial Districts List of Permitted Uses, and Section 19.08.020, Table 08.01, Industrial 18 Districts List of Permitted Uses, are hereby amended to allow emergency shelters as a permitted use, 19 requiring a Development Permit Type 1 in the Emergency Shelter Overlay District in the CH, 20 Commercial Heavy, IL, Industrial Light and OIP, Office Industrial Park Land Use Districts pursuant to zt Development Code Chapter 19.10-E. See Exhibits A, B, C and D, attached hereto and incorporated herein. 22 SECTION 4. San Bernardino Municipal Code (Development Code) Chapter 19.10-E, 23 Emergency Shelter Overlay District, is hereby added to read as shown on Exhibit C, attached hereto and 24 incorporated herein. Attached and incorporated herein as Exhibit D are reference maps showing the 25 areas of the City designated as the Emergency Shelter Overlay District. 26 SECTION 5. This Ordinance is based upon the recitals and findings set forth above,and the 27 accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the 18 authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution, and Section 40(z)of the Charter of the City of San Bernardino. � ® 5 I SECTION 6. Compliance with the California Environmental Ouality Act: The Mayor and C) 2 Common Council finds that this Ordinance is not subject to the California Environmental Quality Act 3 (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or reasonably 4 foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as 5 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 environment, directly or indirectly. 6 SECTION 7. Severability: If any section, subsection, subdivision, sentence,or clause or phrase 7 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective R by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the 9 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby 10 declares that it would have adopted each section irrespective of the fact that any one or more 11 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or 12 ineffective. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 �28 6 C 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO 2 MUNICIPAL CODE(DEVELOPMENT CODE) SECTIONS 19.02.050, 19.06.020,TABLE 06.01, 19.08.020, TABLE 08.01 AND ADDING CHAPTER 19.10-E TO ESTABLISH THE EMERGENCY 3 SHELTER OVERLAY DISTRICT AND DESIGNATE APPLICABLE AREAS. 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Council 5 of the City of San Bernardino at a meeting thereof,held on the day of 2010, by the following vote,to wit: 6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 7 8 MARQUEZ i 9 DESJARDINS 10 BRINKER 11 SHORETT 12 KELLEY 13 14 JOHNSON x15 MC CAMMACK /16 17 Rachel Clark, City Clerk 18 19 The foregoing Ordinance is hereby approved this day of .2010. 20 21 PATRICK J. 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S F o a � 11 b •q W h [•y eq � �„ •5 c c •5 to �° >,.- ° . y � y a> +7 T 7 V 0 ^v U s T N y v Pr on cm ® w � • a>ioy � � .? ,wow •O�q a�i .93a5i5. 5 � � � a � AAUOaaa ow6P4iL n nFP ® Q R ^ ,�. � .�-. oo O� G Neq NcGN 00 r U Cy V z = O• N N N N N N N N N d W a F �n INDUSTRIAL DISTRICTS- 19.08 EXHIBIT B CHAPTER 19.08 INDUSTRIAL DISTRICTS 19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES The following list represents those primary uses in the manufacturing/industrial zoning districts which are Permitted(P), subject to a Development Permit(D)or a Conditional Use Permit(C): TABLE 08.01 INDUSTRIAL DISTRICTS LIST OF PERMITTED USES MC 888 12/6/93; MC LAND USE ACTP✓ITY CH 01P IL M IE 1. Accessory structures/uses typically appurtenant to a D D D D D principally permitted land use activity; 2. Agricultural Production-crops; D D 3. Agricultural Services; D — D D — 4. Assembling,cleaning,manufacturing,processing,repairing D D' D D — or testing of products including automotive related(except dismantling)and welding and excluding explosives, conducted entirely within an enclosed structure except for screened outdoor storage areas; 5. Assembling,cleaning,manufacturing,processing,repair of D — — D — products,research,storage,testing or wholesale land uses (except explosives)with a portion of the operation(other than storage)occurring outside of the enclosed structure: A. Outside land uses in the CH and IH districts within 150 feet of a residential land use district; C — — C — 6. Concrete batch plants,processing of minerals and — C C aggregate and other related land uses,not including extraction activities; 7. Crematory; D — D D — 8. Dwelling unit for a full-time security guard and family; D D D 9. Educational Service, including day care; D D D C = 10. Emergency Shelters D D DZ INDUSTRIAL,DISTRICTS- 19.08 LAND USE ACTIVI'T'Y CH OIP IL III EE 11. Entertainment/Recreational Uses: A.Adult Entertainment C — C —B.Auditoriums,Convention Halls and Theaters C C — —C.Miscellaneous Indoor; and D C D D D. Miscellaneous Outdoor C C C C 12. Financial; D D — — — 13. Fuel Dealers; C — C D — 14. Funeral Parlors/Mortuaries; D — D D — 15. Gasoline Service Stations; D — D D — 16. Heliports/Ilelipads; C C C C C 17. Impound Vehicle Storage Yards(with or without towing) C — C D — 18. Membership organizations, including religious facilities, D D D — — meeting halls,and fraternal lodges; 19. Mining/Extraction,including aggregate,coal, gas,metal — — — — C and oil; 20. Mobile Home Dealers(sales and service); D — D D — 21. Offices/Services(administrative and professional); D D D — — 22. Outdoor contractor's, lumber, and rental yards and storage D — D D D areas for building supplies; 23. Outdoor Horticultural Nurseries; D — D D D 24. Parking Lots; D D D D D 25. Personal Services; D D3 D3 26. Pipelines(As defined by Section 19.20.030[12][E]or as C C C C C superseded by State or Federal law); 27. Public utility uses,distribution and transmission D D D D D substations and communication equipment structures; 28. Publishing/Printing Plants; D D D D — 29. Railroad Yards; — D — 30. Recycling Facilities; (In compliance with Section 19.06.030[2][P]) 31. Research and Development, including laboratories; D D D D — 32. Retail Commercial; D D3 D3 — — 33. Salvage and Wrecking(dismantling)yards; — — — C C © 34. Salvage and Wrecking Facilities(completely within an C — C C — enclosed structure); INDUSTRIAL DISTRICTS- 19.08 LAND USE ACTIVITY CH OH' IL IH IE 35. Social Service Centers; — — C4 — — 36. Swap Meets; C C C C 37. Towing Services; D — D D — 38. Transportation/Distribution; D — D D — 39. Truck Stops; — — C C — 40. Veterinary Services/Animal Boarding; D — D — — 41. Warehousing and Wholesaling, including self-service mini- D — D D — storage; and 42. Other A. Antennas,Satellite and Vertical; D D D D D B. Cleaning/Janitorial; D D D — — C. Copy Centers/Postal Service Centers/Blueprinting; D D D — — D. Equestrian Trails; P P P P P E. Fences/Walls; D D D D D F. Police/Fire Protection; D D D D D G. Single-Family Residential P P P P P (Existing-MC 823 3/2/92);and H. Temporary Uses(Subject to[T]Temporary Use Permit) T T T T T 'Except auto related. 'Permitted in the Emergency Shelter Overlay District,pursuant to Chapter 19.10-E. 3 Incidental to a primary use,and contained within a primary structure(15%max.). 4Commission recommends to Council for final determination. Other similar uses which the Director finds to fit within the purpose/intent of the zones, in compliance with Section 19.02.070(3). EMERGENCY SHELTER OVERLAY DISTRICT- 19.10-E Q EXHIBIT C CHAPTER 19.10-E EMERGENCY SHELTER OVERLAY DISTRICT 19.10-E.010 PURPOSE The purpose of this chapter is to provide for areas within the CH, Commercial Heavy, IL, Industrial Light and OIP, Office Industrial Park land use districts as referenced in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08, where emergency shelters, in accordance with Government Code Section 65583, are allowed without a conditional use permit or other discretionary permit. Recognizing the need for available and affordable sites for establishment of emergency shelters outside the traditional locations in commercial districts, the Emergency Shelter Overlay District provides several areas within the CH, IL and OIP districts for new emergency shelters to be integrated with commercial and light industrial uses and existing social services throughout the City. The purpose of the designated boundaries(area of applicability) is to maximize the potential for provision of emergency shelter and support services throughout the City of San Bernardino. 19.10-E.020 APPLICABILITY The Emergency Shelter Overlay District shall apply to CH, Commercial Heavy, IL, Industrial Light and OIP, Office Industrial Park land use districts as specified in reference maps adopted with the Emergency Shelter Overlay District and available in the Community Development Department. All land use regulations and development standards for commercial and industrial uses as specified in Chapters 19.06 and 19.08 shall remain in effect. The effect of the Emergency Shelter Overlay District shall be to define the area of applicability where emergency shelters shall also be permitted with Director approval, and to add general and specific development standards for emergency shelters within the CH,IL and OIP land use districts. 19.10-E.030 GENERAL PROVISIONS 1. Emergency shelters located in the Emergency Shelter Overlay District shall be developed and operated according to the land use regulations, development standards and design guidelines for the CH, IL and OIP Districts, as applicable,as well as Chapter 19.10-E. 2. Emergency shelters shall be permitted with the approval of a Development Permit Type 1 within the Emergency Shelter Overlay District as specified in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08. 0 0 EMERGENCY SHELTER OVERLAY DISTRICT - 19.10-E 19.10-E.040 DEVELOPMENT STANDARDS 1. The following standards shall apply to development of emergency shelters within the Emergency Shelter Overlay District: A EMERGENCY SHELTERS Emergency shelters, providing temporary housing and support services to homeless persons, shall be permitted in the Emergency Shelter Overlay District areas of the CH, Commercial Heavy, IL, Industrial Light and OIP, Office Industrial Park land use districts, subject to the standards in this Section. As social services with residential components, emergency shelters are also conditionally permitted in several commercial land use districts and throughout the IL, Industrial Light land use district. The following standards shall be required for development or establishment of emergency shelters in the Emergency Shelter Overlay District: (1) The maximum resident density shall be one resident per 150 sq. ft., up to a maximum of 60 residents; (2) The maximum length of stay shall be 6 months; (3) The site shall be located no more than %mile from a public transit line; (4) Any new or existing structure proposed for use as an emergency shelter shall meet current California Building Code requirements. (5) Off-street parking shall be provided at a ratio of one space per 1,000 square feet of gross floor area, or one space for each employee on the largest shift plus one space for each agency vehicle plus three visitor spaces, whichever is greater; (6) Fencing and exterior lighting conforming to the development standards of Chapter 19.20 shall be required to ensure the security of site residents; (7) A security and management plan shall be required to demonstrate adequate plans and capability to operate the emergency shelter in a safe and effective manner, including complete descriptions of the following: (a) Fencing, lighting, video cameras, and any other physical improvements intended to provide or enhance security for residents and staff, (b) Staffing plans, including the qualifications and responsibilities of all staff members and the number and positions of employees on each shift; (c) Procedures and policies for screening of potential residents to identify Q individuals who should be referred to medical facilities, residential care facilities,other service agencies or law enforcement; 0 Exhibit D-1 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Emergency Shelter Overlay District Area 1 NORTH u � r 777<- 8A SELINE—ST Gay m T��R (C�City�ofSanBeinsrdino �C 132R 1 Exhibit D-2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Emergency Shelter Overlay District Area:2a NORTH 1 —3RD—70 RL4LTd AVE FTTn (cj City of San Bernardinoi 'I Exhibit D-2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Emergency Shelter Overlay District Area 2b NORTH D 2� D 70 6TH-T-0 Z O D M 4 boo(lr�c e 4Tti RANCHQAVE T(EJ Cityyof San Bernardino, 0 I Exhibit D-3 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Emergency Shelter Overlay District Area 3 NORTH GAI�OL'1 E r LA ND- I'I'I`--�--_. � f NDUS7. cn CAN- CIA L~m %p m 1 4 mf p 4CyCi fSan Bemerdmo ! I� :::i// I I 1 to� tll L Illt . t• r �= CITY OF SAN BERNARDINO PLANNING DIVISION Emergency Shelter Overlay District Area 4 m EM mw MM 0 Exhibit D-5 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Emergency Shelter Overlay District Area 5 NORTH The area previously designated Area 5 Deleted on 11/15/10 i Exhibit D-6 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Emergency Shelter Overlay District Area 6 NORTH T Z 1 1 Q 1 DRAKE WE HOLDEN Z > 6 - z 1 LL, - -- R4 7-1 I � _ i CENTRAL AVE .w J U Z J i CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Interim Director Subject: An Ordinance of the City of San Bernardino amending San Bernardino Municipal Code Dept: Community Development (Development Code) Sections 19.02.050, 19.06.020, Table 06.01, 19.08.020, Table 08.01 and adding Chapter Date: November 9, 2010 19.10-E to establish the Emergency Shelter Overlay District and designate applicable areas. (Development Code Amendment No. 10-06). MCC Date: November 15. 2010 Synopsis of Previous Council Action: This public hearing has been continued from the meetings of September 20, 2010, October 4, 2010 and November 1, 2010. Recommended Motion: I hat the hearing be closed and said ordinance be laid over for final adoption. Valerie C. Ross Contact Person: Terri Rahhal, City Planner Phone: 3330 Supporting data attached: Staff Report Ward(s): 1, 2, 3, 6, 7 FUNDING REQUIREMENTS: Amount: N/A Source: Acct. Description: Finance: Council Notes: Agenda Item No. -2K FFd";Ctlo-�tQ-P CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: An Ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Sections 19.02.050, 19.06.020, Table 06.01, 19.08.020, Table 08.01 and adding Chapter 19.10-E to establish the Emergency Shelter Overlay District and designate applicable areas. (Development Code Amendment No. 10-06). New Information: This staff report supplements the background information and analysis distributed with the September 20, 2010 Mayor and Common Council agenda materials. A revised draft Ordinance is attached for consideration. The previous draft ordinance contained the same provisions as MC-1290, adopted on 11/25/08 and MC-1317, amending and extending MC-1290 on 10/05/09. These previous ordinances established the Emergency Shelter Overlay District over 5 areas in the CH, Commercial Heavy and IL, Industrial Light land use districts. The attached Ordinance has been revised to add a shelter resident capacity standard and to designate a new area of approximately 1 acre on the east side of Waterman Avenue, approximately 700 ft. north of Central Avenue in the OIP, Office Industrial Park land use district. This public hearing was re-noticed by publication of a 1/8 page advertisement in the San Bernardino County Sun newspaper on November 5, 2010, describing the areas previously designated as the Emergency Shelter Overlay District and stating that amendments may be considered at the public hearing, including addition of the area described above. Recommended Motion: That the hearing be closed and said ordinance be laid over for final adoption. Attachment: Ordinance with Exhibits Exhibit A: Section 19.06.020, Table 06.01 Commercial Districts List of Permitted Uses. Exhibit B: Section 19.08.020, Table 08.01 Industrial Districts List of Permitted Uses. Exhibit C: Chapter 19.10-E, Emergency Shelter Overlay District Exhibit D: Overlay District Maps 2 I ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN 3 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTIONS 19.02.050, 19.06.020, TABLE 06.01, 19.08.020, TABLE 08.01 AND ADDING CHAPTER 19.10-E TO 4 ESTABLISH THE EMERGENCY SHELTER OVERLAY DISTRICT AND DESIGNATE APPLICABLE AREAS. 5 6 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 7 WHEREAS, Section 40(z)of the City Charter vests the Mayor and Common Council with the 8 power to make and enforce all laws and regulations with respect to municipal affairs, subject only to the 9 restrictions and limitations provided in the Charter or by State law; and 10 WHEREAS, effective January 1, 2008, Chapter 633, Statutes of 2007 ("Senate Bill 2") amended 11 California Government Code Section 65583 to require local governments to amend their General Plan 12 Housing Element to identify a land use zone wherein emergency homeless shelters are a permitted use 13 without a conditional use permit or other discretionary permit; and, 14 WHEREAS, Senate Bill 2 amended Government Code Section 65589.5(d)to provide that a local 15 agency shall not disapprove a land use application for an emergency shelter within any zone,or 16 conditionally approve a land use application for an emergency shelter within any zone in such manner as 17 to render the project infeasible,unless it makes written findings,based upon substantial evidence in the 18 record as to one of five (5) findings; and 19 WHEREAS, finding number five(5)under Government Code Section 65589.5(d)provides the 20 exception that: 21 The...emergency shelter is inconsistent with both the jurisdiction's zoning ordinance 22 and general plan land use designation as specified in any element of the general plan as 23 it existed on the date the application was deemed complete, and the jurisdiction has 24 adopted a revised housing element in accordance with Section 65588 that is in 25 substantial compliance with this article. 26 WHEREAS, finding number five(5) is subject to the further requirement that the exception is 27 not available if the local agency has failed to identify a zone or zones wherein emergency shelters are 2s allowed as a permitted use without a conditional use permit or other discretionary permit; and 1 I WHEREAS,through the adoption of an ordinance amending the City of San Bernardino 2 Development Code which identifies a zone or zones where emergency shelters are allowed as a 3 permitted use without a conditional use or other discretionary permit,the City will be in substantial 4 compliance with the above described exception pursuant to California Government Code Section 5 65583(a)(4)(D); and 6 WHEREAS, Senate Bill 2 recognizes that legislative bodies,prior to the adoption of a revised 7 Housing Element in compliance with Senate Bill 2, may adopt a zoning ordinance which identifies a 8 zone or zones where emergency shelters are allowed as a permitted use without a conditional use permit 9 or other discretionary permit, and thus recognizes that the adoption of said ordinance may constitute to substantial compliance with Senate Bill 2; and 11 WHEREAS,the City of San Bernardino Development Code currently includes emergency 12 homeless shelters in the category of social services with residential components,which are allowed as a 13 conditionally permitted use City-wide in several residential and commercial land use districts and 14 throughout the IL, Industrial Light land use district with such conditions that do not render such projects 15 infeasible for development; and 16 WHEREAS,the City of San Bernardino, in a variety of locations, currently has several existing 17 emergency shelters which provide in excess of 400 beds for the homeless, including the Salvation 18 Army's new 124-bed year round homeless shelter for men located at 363 South Doolittle Road. In 19 addition,the Salvation Army has made an application for another 150-bed homeless shelter for families 20 with children at 925 W. 10th Street(see list of service providers attached as Exhibit A to the Staff 21 Report for Ordinance No. MC-1288 and which is incorporated herein by reference); and 22 WHEREAS, on May 19, 2008,the City of San Bernardino retained a consultant, The Planning 23 Center, to update the General Plan Housing Element. The Planning Center has extensive experience 24 with housing element preparation and the certification review process with the California Department of 25 Housing and Community Development(HCD). The City's Request for Proposals issued on January 2, 26 2008, specifically stated that an update of the City's General Plan Housing Element in compliance with 27 Senate Bill 2 was needed, among other requirements. The City's contract with The Planning Center 28 specifically listed the requirements of Senate Bill 2 in the Scope of Work, including an identification 2 I and analysis of the needs of homeless persons and families in the City of San Bernardino as required by 2 Senate Bill 2; and 3 WHEREAS, as identified on HCD's website as of September 2, 2010,only eight cities out of the 4 24 cities in the County of San Bernardino and only nine cities out of the 24 cities in the County of 5 Riverside have adopted and received HCD certification of a revised Housing Element; and 6 WHEREAS, in spite of significant budget cuts and the loss of numerous employees,the City of 7 San Bernardino has made substantial progress in complying with the requirements of Senate Bill 2. The 8 City of San Bernardino submitted a Draft Revised Housing Element to HCD on December 21,2009; and 9 after having received comments from HCD,the City will send a second submittal to HCD within the 10 next thirty days; and 1 1 WHEREAS,the Mayor and Council recognize that Senate Bill 2 requires that the City's General 12 Plan Housing Element must include land use zones which will provide sufficient 13 opportunities for new emergency shelters to meet the need identified in the consultant's analysis; and t4 WHEREAS,the Mayor and Council find that the existing emergency shelters,the emergency 15 shelters under construction, and the new emergency shelters proposed for construction,together with 16 opportunities for development of new emergency shelters in the residential, industrial, and commercial 17 land use districts with the approval of a Conditional Use Permit,in conjunction with the adoption of this 18 Ordinance, which will permit new emergency shelters with approval of a nondiscretionary development 19 permit within the CH, Commercial Heavy, IL, Industrial Light,and OIP, Office Industrial Park Land 20 Use Districts in various locations of the City,will provide sufficient emergency shelters to meet the 21 needs of the homeless in the City of San Bernardino in the interim, until a revised Housing Element in 22 full compliance with Senate Bill 2 is adopted by the City; and 23 WHEREAS, at the Council meeting on October 20,2008,the Mayor and Council adopted 24 Ordinance No. MC-1288, "An Urgency Ordinance of the City of San Bernardino Amending San 25 Bernardino Municipal Code (Development Code) Section 19.02.050, 19.08.020,Table 08.01, and 26 adding Chapter 19.10-E, Emergency Shelter Overlay District to permit emergency shelters with 27 approval of a building permit within areas of the IL, Industrial Light, Land Use District lying South of 28 3`d Street, East of Waterman Avenue and North of Central Avenue,declaring the urgency thereof, and 3 I taking effect immediately." Ordinance No. MC-1288,and the Request for Council Action, Staff 2 Report, Exhibits, and other documents and testimony previously submitted to the Mayor and Council in 3 support of said Ordinance are hereby incorporated herein by reference; and 4 WHEREAS, at the Council meeting on November 17, 2008,the Mayor and Council received 5 information from The Planning Center Consultant on the revised Housing Element regarding emergency 6 shelters and the requirements of Senate Bill 2; and 7 WHEREAS, at the Council meeting on November 25, 2008,the Mayor and Council adopted 8 Ordinance No. MC-1290,an Urgency Ordinance which amended and extended Ordinance No. MC- 9 1288, amended Development Code Section 19.02.050, 19.08.020,Table 08.01,added Chapter 19.10-E, 10 amended Section 19.06.020, Table 06.01,and designated five new areas throughout the City in the IL 11 and CH, Commercial Heavy, land use districts within the Emergency Shelter Overlay District, and 12 removed the previously designated area south of 3rd Street,east of Waterman Avenue and north of 13 Central Avenue. Ordinance No. MC-1290, and the Request for Council Action, Staff Report, Exhibits, 14 and other documents and testimony previously submitted to the Mayor and Council in support of said 15 Ordinance are hereby incorporated herein by reference; and 16 WHEREAS, on October 5, 2009,the Mayor and Council adopted Ordinance No. MC-1317, an 17 Urgency Ordinance which amended and extended Ordinance No. MC-1290. Ordinance No. MC-1317, 18 and the Request for Council Action, Staff Report, Exhibits, and other documents and testimony 19 previously submitted to the Mayor and Council in support of said Ordinance are hereby incorporated 20 herein by reference; and 21 WHEREAS on August 25, 2010,the Planning Commission of the City of San Bernardino held a 22 noticed public hearing to consider the proposed ordinance as an amendment to the City Development 23 Code, and recommended that the Mayor and Common Council adopt the ordinance as proposed; and 24 WHEREAS,notice of the public hearing for the Mayor and Council's consideration of this 25 proposed Ordinance was published in The Sun newspaper on September 10, 2010; and 26 WHEREAS, a second notice identifying the five areas previously designated for application of 27 the Emergency Shelter Overlay District and potential addition of a sixth area was published in The Sun 28 newspaper on November 5, 2010. 4 I 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 and 4 hereby adopt and incorporate them herein. 5 SECTION 2. San Bernardino Municipal Code (Development Code) Section 19.02.050, 6 DEFINITIONS, is hereby amended to add the definition of"Emergency Shelter"to read as follows: 8 19.02.050 DEFINITIONS 9 Emergency Shelter. As used in Government Code Sections 65582, 65583 and 65589.5 (Senate 10 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 11 by a homeless person. No individual or household may be denied emergency shelter because of an 12 inability to pay. Emergency shelters shall be occupied only by homeless persons unable to pay for 13 housing. Facilities occupied by individuals who pay for their housing or whose lodging/housing is paid 14 for by others shall not be permitted as emergency shelters. Also referred to as a "homeless shelter", 15 "homeless facility" or social service center with a residential component." 16 SECTION 3. San Bernardino Municipal Code (Development Code) Section 19.06.020, Table 17 06.01, Commercial Districts List of Permitted Uses, and Section 19.08.020, Table 08.01, Industrial 18 Districts List of Permitted Uses, are hereby amended to allow emergency shelters as a permitted use, 19 requiring a Development Permit Type 1 in the Emergency Shelter Overlay District in the CH, 20 Commercial Heavy, IL, Industrial Light and OIP, Office Industrial Park Land Use Districts pursuant to Development Code Chapter 19.10-E. See Exhibits A, B and C, attached hereto and incorporated herein. zt SECTION 4. San Bernardino Municipal Code (Development Code) Chapter 19.10-E, 22 Emergency Shelter Overlay District, is hereby added to read as shown on Exhibit C, attached hereto and 23 incorporated herein. Attached and incorporated herein as Exhibit D are reference maps showing the 24 areas of the City designated as the Emergency Shelter Overlay District. 25 SECTION 5. This Ordinance is based upon the recitals and findings set forth above, and the 26 accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the 27 authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution, 28 and Section 40(z)of the Charter of the City of San Bernardino. 5 I SECTION 6. Compliance with the California Environmental Quality Act: The Mayor and 2 Common Council finds that this Ordinance is not subject to the California Environmental Quality Act 3 (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or reasonably 4 foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as 5 defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, 6 because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 7. Severability: If any section, subsection, subdivision, sentence, or clause or phrase 7 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective a by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the 9 remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby 10 declares that it would have adopted each section irrespective of the fact that any one or more 11 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or 12 ineffective. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO 2 MUNICIPAL CODE(DEVELOPMENT CODE) SECTIONS 19.02.050, 19.06.020, TABLE 06.01, 19.08.020,TABLE 08.01 AND ADDING CHAPTER 19.10-E TO ESTABLISH THE EMERGENCY 3 SHELTER OVERLAY DISTRICT AND DESIGNATE APPLICABLE AREAS. 4 1 HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Council 5 of the City of San Bernardino at a meeting thereof, held on the day of 2010, by the following vote,to wit: 6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 7 8 MARQUEZ 9 DESJARDINS 10 BRINKER 11 SHORETT 12 KELLEY 13 14 JOHNSON 15 MC CAMMACK 16 17 Rachel Clark, City Clerk 18 19 The foregoing Ordinance is hereby approved this day of 12010. 20 21 PATRICK J. MORRIS, Mayor 22 City of San Bernardino 23 Approved as to form: 24 JAMES F. PENMAN 25 Ci Attorney 26 27 28 7 EXHIBIT A Y Utz A AAA UU 1 1 A Y..I M Q� 0 U ^ A Cl l U I I um d A U A A A U U U U U A O U � AAU gAIUA U 1 1 U 1 q a F U N A A A 1 1 1 1 um FF�I 0. u AAq U 1 1 U 1 p „ l U , U � Z3 V A AA 1 l U 1 UA UN A AAU UUIUA A AAU UU1UA F U W q d a" W ° ^' A I I 1 U 1 w F O � p F � aUi U A A l •° a' 3 U 5 rs Am � • 0 0 6b o -rm � o ,� z o1.,c�7 ,.. °' m -d .a5i •5 y °' ; � Z 3 W .o O iFi w 'C , v oOq � d abi 7 0 .� ai w 6 � _ . O N ^� w oozy F > °' 8 00 o m - • °' ` �am � x � � a N m Ay p U 'm m y P? 0 � id y � 'rJ R�. m > p Q o O o o d a _3 QE U U dU 2 2 Wl U V I U I , . 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A c 24 V ^ igAAAV QQQQai1 A 3 U QV iAQ0nu AAAQaiF Q U , i V i QQQ i V AA i Aa i F c U UN iU QQQgiV AQiAaiF Q u b F U - „ i AAA i V AAQAa, F Q 5 a O QQ0 i V AA i An. i F V sa w W o gAAAV 0 i Q0. i F V O ° U i AAA i V QA i qa. i F c a � H b A o a s oo v V y o v oq F w m O d •9 47 v G b AU ? N N O O G y 0 O v b .O°3 X0 0 o LCC v •Ow Off d N U .- m a. m a Uoo oi' � op d .9 3 a 0 W a � gVOaaa oacarnrnFaF r-: oo Qi G .-: N ,i V vi �O z VV — ^ ^ ^ N N N N N N N N N F a s INDUSTRIAL DISTRICTS- 19.08 EXHIBIT B CHAPTER 19.08 INDUSTRIAL DISTRICTS 19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES The following list represents those primary uses in the manufacturing/industrial zoning districts which are Permitted(P), subject to a Development Permit(D)or a Conditional Use Permit(C): TABLE 08.01 INDUSTRIAL DISTRICTS LIST OF PERMITTED USES MC 888 12/6/93; MC LAND USE ACTIVITY CH OIP IL HI IF 1. Accessory structures/uses typically appurtenant to a D D D D D principally permitted land use activity; 2. Agricultural Production-crops; D D 3. Agricultural Services; D — D D — 4. Assembling,cleaning,manufacturing,processing,repairing D D' D D — or testing of products including automotive related(except dismantling)and welding and excluding explosives, conducted entirely within an enclosed structure except for screened outdoor storage areas; 5. Assembling,cleaning,manufacturing,processing,repair of D — — D — products,research,storage,testing or wholesale land uses (except explosives)with a portion of the operation(other than storage)occurring outside of the enclosed structure: A. Outside land uses in the CH and IH districts within 150 feet of a residential land use district; C — — C — 6. Concrete batch plants,processing of minerals and — — — C C aggregate and other related land uses,not including extraction activities; 7. Crematory; D — D D — 8. Dwelling unit for a full-time security guard and family; — — D D D 9. Educational Service,including day care; D D D C — 10. Emergency Shelters & & & — — INDUSTRIAL DISTRICTS- 19.08 LAND USE ACTIVITY CH OH' IL IH EE 11. Entertainment/Recreational Uses: A.Adult Entertainment C — C —B.Auditoriums,Convention Halls and Theaters C C — —C.Miscellaneous Indoor;and D C D D D.Miscellaneous Outdoor C C C C 12. Financial; D D — — — 13. Fuel Dealers; C — C D — 14. Funeral Parlors/Mortuaries; D — D D — 15. Gasoline Service Stations; D — D D — 16. Heliports/Helipads; C C C C C 17. Impound Vehicle Storage Yards(with or without towing) C — C D — 18. Membership organizations, including religious facilities, D D D — — meeting halls,and fraternal lodges; 19. Mining/Extraction, including aggregate,coal,gas,metal — — — — C and oil; 20. Mobile Home Dealers(sales and service); D — D D — 21. Offices/Services(administrative and professional); D D D 22. Outdoor contractor's, lumber,and rental yards and storage D — D D D areas for building supplies; 23. Outdoor Horticultural Nurseries; D — D D D 24. Parking Lots; D D D D D 25. Personal Services; D D3 D3 — — 26. Pipelines(As defined by Section 19.20.030[12][E]or as C C C C C superseded by State or Federal law); 27. Public utility uses,distribution and transmission D D D D D substations and communication equipment structures; 28. Publishing/Printing Plants; D D D D — 29. Railroad Yards; — — — D — 30. Recycling Facilities; (In compliance with Section 19.06.030[2][P]) 31. Research and Development,including laboratories; D D D D — 32. Retail Commercial; D D3 D3 — — 33. Salvage and Wrecking(dismantling)yards; — — — C C 34. Salvage and Wrecking Facilities(completely within an C — C C — enclosed structure); INDUSTRIAL DISTRICTS- 19.08 LAND USE ACTIVITY CH OIP 11L IH 1T 35. Social Service Centers; — — C° — — 36. Swap Meets; C — C C C 37. Towing Services; D — D D — 38. Transportation/Distribution; D — D D — 39. Truck Stops; — — C C — 40. Veterinary Services/Animal Boarding; D — D — — 41. Warehousing and Wholesaling, including self-service mini- D — D D — storage;and 42. Other A. Antennas,Satellite and Vertical; D D D D D B. Cleaning/Janitorial; D D D — — C. Copy Centers/Postal Service Centers/Blueprinting; D D D — — D. Equestrian Trails; P P P P P E. Fences/Walls; D D D D D F. Police/Fire Protection; D D D D D G. Single-Family Residential P P P P P (Existing-MC 823 3/2/92);and H. Temporary Uses(Subject to[T]Temporary Use Permit) T T T T T 'Except auto related. 2Permitted in the Emergency Shelter Overlay District,pursuant to Chapter 19.10-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). EMERGENCY SHELTER OVERLAY DISTRICT- 19.10-E EXHIBIT C CHAPTER 19.10-E EMERGENCY SHELTER OVERLAY DISTRICT 19.10-E.010 PURPOSE The purpose of this chapter is to provide for areas within the CH, Commercial Heavy,IL,Industrial Light and OIP, Office Industrial Park land use districts as referenced in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08, where emergency shelters, in accordance with Government Code Section 65583, are allowed without a conditional use permit or other discretionary permit. Recognizing the need for available and affordable sites for establishment of emergency shelters outside the traditional locations in commercial districts, the Emergency Shelter Overlay District provides several areas within the CH, IL and OIP districts for new emergency shelters to be integrated with commercial and light industrial uses and existing social services throughout the City. The purpose of the designated boundaries(area of applicability)is to maximize the potential for provision of emergency shelter and support services throughout the City of San Bernardino. 19.10-E.020 APPLICABILITY The Emergency Shelter Overlay District shall apply to CH, Commercial Heavy,IL, Industrial Light and OIP, Office Industrial Park land use districts as specified in reference maps adopted with the Emergency Shelter Overlay District and available in the Community Development Department. All land use regulations and development standards for commercial and industrial uses as specified in Chapters 19.06 and 19.08 shall remain in effect. The effect of the Emergency Shelter Overlay District shall be to define the area of applicability where emergency shelters shall also be permitted with Director approval, and to add general and specific development standards for emergency shelters within the CH,IL and OIP land use districts. 19.10-E.030 GENERAL PROVISIONS 1. Emergency shelters located in the Emergency Shelter Overlay District shall be developed and operated according to the land use regulations, development standards and design guidelines for the CH,IL and OIP Districts,as applicable, as well as Chapter 19.10-E. 2. Emergency shelters shall be permitted with the approval of a Development Permit Type 1 within the Emergency Shelter Overlay District as specified in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08. EMERGENCY SHELTER OVERLAY DISTRICT - 19.10-E 19.10-E.040 DEVELOPMENT STANDARDS 1. The following standards shall apply to development of emergency shelters within the Emergency Shelter Overlay District: A EMERGENCY SHELTERS Emergency shelters, providing temporary housing and support services to homeless persons, shall be permitted in the Emergency Shelter Overlay District areas of the CH, Commercial Heavy, IL, Industrial Light and OIP, Office Industrial Park land use districts, subject to the standards in this Section. As social services with residential components, emergency shelters are also conditionally permitted in several commercial land use districts and throughout the IL, Industrial Light land use district. The following standards shall be required for development or establishment of emergency shelters in the Emergency Shelter Overlay District: (1) The maximum resident density shall be one resident per 150 sq. ft., up to a maximum of 60 residents; (2) The maximum length of stay shall be 6 months; (3) The site shall be located no more than %:mile from a public transit line; (4) Any new or existing structure proposed for use as an emergency shelter shall meet current California Building Code requirements. (5) Off-street parking shall be provided at a ratio of one space per 1,000 square feet of gross floor area, or one space for each employee on the largest shift plus one space for each agency vehicle plus three visitor spaces,whichever is greater; (6) Fencing and exterior lighting conforming to the development standards of Chapter 19.20 shall be required to ensure the security of site residents; (7) A security and management plan shall be required to demonstrate adequate plans and capability to operate the emergency shelter in a safe and effective manner, including complete descriptions of the following: (a) Fencing, lighting,video cameras, and any other physical improvements intended to provide or enhance security for residents and staff, (b) Staffing plans, including the qualifications and responsibilities of all staff members and the number and positions of employees on each shift; (c) Procedures and policies for screening of potential residents to identify individuals who should be refen-ed to medical facilities, residential care facilities,other service agencies or law enforcement; EMERGENCY SHELTER OVERLAY DISTRICT- 19.10-E (d) Plans and policies for daily operations and supervision of residents; (e) Support services to be offered to residents, including life skills training, counseling,referral to other service agencies and job placement assistance; (f) Plans to coordinate services of the facility with other homeless service providers in San Bernardino County, to improve the effectiveness of the network of agencies serving the homeless,countywide. Exhibit D-1 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Emergency Shelter Overlay Distric:Area 1 NORTH 1 � 1 1, 1� FMa BASELINE ST D. R m� (C)CityofSanBernardino N, D®132f[ Exhibit D-2 LOCATION MAP CITY OF SAN BERNARDINO -Aa PLANNING DIVISION Emergency Shelter Overlay District Area 2a NORTH 3RD ... . ........ .................... ... RIALTO—AVE ( - )Cit, _ nBernandin Exhibit D-2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Emergency Shelter Overlay District Area 2b NORTH O D f7 � D D, 6TH— a --- m -n z r D O m M N 5TH=ST— FOOTH !LL BLbD RANCHO--A VE II T(G)City of San Bernardino i o Exhibit D-3 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Emergency Shelter Overlay District Area 3 NORTH I U 1 J ----' CAROL{NE D D FARML-'4ND I rn INDUSTRIAL D 1 1 CANADA COMMERCIAL!—rn� %o rn M m r-, 0 m O C. McityofSan Bernardino Z j 0 1 (D- p- I I � I . I DIVISION CITY OF SAN BERNARDINO PLANNING Emergency Overlay s ■ ' ' ��ll� Iillll i 11 ��� � ■ �1■L rlll . ■ �� �= �� Cis■ ■ �■ C ■ (C)Ci of San Bernardino r s r ° CITY OF • • Overlay PLANNING DIVISION Emergency Shelter 11111► 1 . 1111 = 1■11� _ 1111 Ills p = II1IM 111111= 1 1 ', � �� � • 1111_ =111111= ■111111 111111'�' � � I INIII� °IIIli1: I1i111111 11111112 ' ° WIN _NII■� 111111111 111111■�� � ' �_ � � r a ■1111 - _- 1111 �1 ■ � �.il 11 Exhibit D-6 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Emergency Shelter Overlay District Area 6 ENORTH 0 DRAKE SFTE HOLDEN Z a —" DRAKE W H Q 3 CENTRALAVE mi J L L J CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION i I From: Valerie C. Ross, Interim Director Subject: An Ordinance of the City of San Bernardino amending San Bernardino Municipal Code Dept: Community Development (Development Code) Sections 19.02.050, 19.06.020, Table 06.01, 19.08.020, Table 08.01 and adding Chapter Date: September 1, 2010 19.10-E to establish the Emergency Shelter Overlay District and designate applicable areas. (Development Code Amendment No. 10-06). MCC Date: September 20, 2010 Synopsis of Previous Council Action: 10/05/2009 Mayor and Common Council adopted Ordinance No. MC-1317, an urgency ordinance amending and extending Ordinance No. MC-1290. 11/25/2008 Mayor and Common Council adopted Ordinance No. MC-1290, an urgency ordinance amending and extending Ordinance No. MC-1288. 10/20/2008 Mayor and Common Council adopted Ordinance No. MC-1288, an urgency ordinance establishing the Emergency Shelter Overlay District, where emergency shelters would be permitted subject to a building permit in a specified area of the IL land use district. Recommended Motion: That the hearing be closed and said ordinance be laid over for final adoption. Valerie C. Ross Contact Person: Terri Rahhal, City Planner Phone: 3330 Supporting data attached: Staff Report Ward(s): 1, 2, 3, 6, 7 FUNDING REQUIREMENTS: Amount: N/A Source: Acct. Description: Finance: Council Notes: Agenda Item No. a U9-tea �a io CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: An Ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Sections 19.02.050, 19.06.020, Table 06.01, 19.08.020, Table 08.01 and adding Chapter 19.10-E to establish the Emergency Shelter Overlay District and designate applicable areas. (Development Code Amendment No. 10-06). Background: On October 20, 2008, the Mayor and Council adopted Ordinance No. MC-1288, an Urgency Ordinance which established the Emergency Shelter Overlay District, to permit emergency shelters with approval of a building permit within an area of the IL, Industrial Light, land use district lying south of 3`d Street, north of Central Avenue, east of Waterman Avenue and west of the San Bernardino International Airport. On November 25, 2008, the Mayor and Council adopted Ordinance No. MC-1290, an Urgency Ordinance amending and extending Ordinance No. MC-1288, with amendments to the Development Code to define emergency shelters, to add Chapter 19.10-E as the Emergency Shelter Overlay District, and to provide for emergency shelters to be permitted administratively within designated areas of the IL, Industrial Light and CH, Commercial Heavy, land use districts. MC-1290 designated five such areas throughout the City, and removed the previous area designated by the original Ordinance No. MC-1288. The attached Ordinance is a regular Development Code amendment ordinance with the same text of the Emergency Shelter Overlay District as adopted by Ordinance No. MC-1290. In addition to the existing commercial and residential districts where emergency shelters are permitted as a social service subject to approval of a Conditional Use Permit, the Emergency Shelter Overlay District provides for emergency shelters to be permitted by right, with no discretionary approval process, in the following five areas designated by Ordinance No. MC-1290: Area 1 includes approximately 40 acres in the IL, Industrial Light land use district located on the north and south side of Baseline Street at Lassen Avenue. Area 2a includes acreage in the CH, Commercial Heavy and IL, Industrial Light land use districts on the east and west sides of Rancho Avenue between Mill Street and Foothill Boulevard. Area 2b includes acreage in the CH, Commercial Heavy land use district on the north side of Foothill Boulevard at a northerly extension of Rancho Avenue. The combined acreage of Areas 2a and 2b is approximately 84 acres. Area 3 includes approximately 29 acres in the IL, Industrial Light land use district south of Caroline Street, east of Gardena Street, west of the City limits, and north of the railroad tracks. 2 Area 4 includes approximately 8 acres in the CH, Commercial Heavy land use district on the north side of Baseline Street, east of Victoria Avenue, south of the flood control channel, and west of an extension of Valaria Drive. i Area 5 includes approximately 12 acres in the IL, Industrial Light land use district located on the north side of 13`h Street, extending north to 16`h Street, east of I-215, and west of"H" Street. The Planning Commission recommended approval of DCA No. 10-06 unanimously, with Commissioners Calero, Coute, Eble, Heasley, Machen, Mulvihill and Sauerbrun present. Commissioners Durr, Munoz and Rawls were absent. DCA No. 10-06 is not subject to the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, the general rule that an action with no foreseeable physical impact on the environment is not a project as defined by Section 15378 of the CEQA Guidelines. Notice of the public hearing of this item was published in a 1/8 page advertisement in the San Bernardino County Sun newspaper on September 10, 2010. Financial Impact: None. Recommended Motion: That the hearing be closed and said ordinance be laid over for final adoption. Attachments: 1. Ordinance with Exhibits Exhibit A: Section 19.06.020, Table 06.01 Commercial Districts List of Permitted Uses. Exhibit B: Section 19.08.020, Table 08.01 Industrial Districts List of Permitted Uses. Exhibit C: Chapter 19.10-E, Emergency Shelter Overlay District Exhibits D-1 —D-5: Overlay District Maps 2. August 25, 2010 Planning Commission Staff Report 3 i i ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN 3 BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTIONS 19.02.050, 19.06.020, TABLE 06.01, 19.08.020, TABLE 08.01 AND ADDING CHAPTER 19.10-E TO 4 ESTABLISH THE EMERGENCY SHELTER OVERLAY DISTRICT AND DESIGNATE APPLICABLE AREAS. 5 6 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 7 WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with the 8 power to make and enforce all laws and regulations with respect to municipal affairs, subject only to the 9 restrictions and limitations provided in the Charter or by State law; and 10 WHEREAS, effective January 1, 2008, Chapter 633, Statutes of 2007 ("Senate Bill 2") amended 11 California Government Code Section 65583 to require local governments to amend their General Plan 12 Housing Element to identify a land use zone wherein emergency homeless shelters are a permitted use 13 without a conditional use permit or other discretionary permit; and, 14 WHEREAS, Senate Bill 2 amended Government Code Section 65589.5(d) to provide that a local 15 agency shall not disapprove a land use application for an emergency shelter within any zone, or 16 conditionally approve a land use application for an emergency shelter within any zone in such manner as 17 to render the project infeasible, unless it makes written findings, based upon substantial evidence in the 18 record as to one of five(5) findings; and 19 WHEREAS, finding number five(5) under Government Code Section 65589.5(d)provides the 20 exception that: 21 The...emergency shelter is inconsistent with both the jurisdiction's zoning ordinance 22 and general plan land use designation as specified in any element of the general plan as 23 it existed on the date the application was deemed complete, and the jurisdiction has 24 adopted a revised housing element in accordance with Section 65588 that is in 25 substantial compliance with this article. 26 WHEREAS, finding number five (5) is subject to the further requirement that the exception is 27 not available if the local agency has failed to identify a zone or zones wherein emergency shelters are 28 allowed as a permitted use without a conditional use permit or other discretionary permit; and 1 I WHEREAS, through the adoption of an ordinance amending the City of San Bernardino 2 Development Code which identifies a zone or zones where emergency shelters are allowed as a 3 permitted use without a conditional use or other discretionary permit, the City will be in substantial 4 compliance with the above described exception pursuant to California Government Code Section 5 65583(a)(4)(D); and 6 WHEREAS, Senate Bill 2 recognizes that legislative bodies,prior to the adoption of a revised 7 Housing Element in compliance with Senate Bill 2, may adopt a zoning ordinance which identifies a 8 zone or zones where emergency shelters are allowed as a permitted use without a conditional use permit 9 or other discretionary permit, and thus recognizes that the adoption of said ordinance may constitute 10 substantial compliance with Senate Bill 2; and 11 WHEREAS,the City of San Bernardino Development Code currently includes emergency 12 homeless shelters in the category of social services with residential components,which are allowed as a 13 conditionally permitted use City-wide in several residential and commercial land use districts and 14 throughout the IL, Industrial Light land use district with such conditions that do not render such projects 15 infeasible for development; and 16 WHEREAS, the City of San Bernardino, in a variety of locations, currently has several existing 17 emergency shelters which provide in excess of 400 beds for the homeless, including the Salvation 18 Army's new 124-bed year round homeless shelter for men located at 363 South Doolittle Road. In 19 addition, the Salvation Army has made an application for another 150-bed homeless shelter for families 20 with children at 925 W. 10th Street(see list of service providers attached as Exhibit A to the Staff 21 Report for Ordinance No. MC-1288 and which is incorporated herein by reference); and 22 WHEREAS, on May 19, 2008, the City of San Bernardino retained a consultant, The Planning 23 Center, to update the General Plan Housing Element. The Planning Center has extensive experience 24 with housing element preparation and the certification review process with the California Department of 25 Housing and Community Development(HCD). The City's Request for Proposals issued on January 2, 26 2008, specifically stated that an update of the City s General Plan Housing Element in compliance with 27 Senate Bill 2 was needed, among other requirements. The City's contract with The Planning Center 28 specifically listed the requirements of Senate Bill 2 in the Scope of Work, including an identification 2 I and analysis of the needs of homeless persons and families in the City of San Bernardino as required by 2 Senate Bill 2; and 3 WHEREAS, as identified on HCD's website as of September 2, 2010, only eight cities out of the 4 24 cities in the County of San Bernardino and only nine cities out of the 24 cities in the County of 5 Riverside have adopted and received HCD certification of a revised Housing Element; and 6 WHEREAS, in spite of significant budget cuts and the loss of numerous employees, the City of 7 San Bernardino has made substantial progress in complying with the requirements of Senate Bill 2. The 8 City of San Bernardino submitted a Draft Revised Housing Element to HCD on December 21, 2009; and 9 after having received comments from HCD,the City will send a second submittal to HCD within the 10 next thirty days; and 11 WHEREAS, the Mayor and Council recognize that Senate Bill 2 requires that the City's General 12 Plan Housing Element must include land use zones which will provide sufficient 13 opportunities for new emergency shelters to meet the need identified in the consultant's analysis; and 14 WHEREAS, the Mayor and Council find that the existing emergency shelters,the emergency 15 shelters under construction, and the new emergency shelters proposed for construction, together with 16 opportunities for development of new emergency shelters in the residential, industrial, and commercial 17 land use districts with the approval of a Conditional Use Permit, in conjunction with the adoption of this 18 Ordinance, which will permit new emergency shelters with approval of a nondiscretionary development 19 permit within the CH, Commercial Heavy, and IL, Industrial Light, Land Use Districts in various 20 locations of the City,will provide sufficient emergency shelters to meet the needs of the homeless in the 21 City of San Bernardino in the interim,until a revised Housing Element in full compliance with Senate 22 Bill 2 is adopted by the City; and 23 WHEREAS, at the Council meeting on October 20, 2008,the Mayor and Council adopted 24 Ordinance No. MC-1288, "An Urgency Ordinance of the City of San Bernardino Amending San 25 Bernardino Municipal Code (Development Code) Section 19.02.050, 19.08.020, Table 08.01, and 26 adding Chapter 19.10-E, Emergency Shelter Overlay District to permit emergency shelters with 27 approval of a building permit within areas of the IL, Industrial Light, Land Use District lying South of 28 P Street, East of Waterman Avenue and North of Central Avenue, declaring the urgency thereof, and 3 I taking effect immediately." Ordinance No. MC-1288, and the Request for Council Action, Staff 2 Report, Exhibits, and other documents and testimony previously submitted to the Mayor and Council in 3 support of said Ordinance are hereby incorporated herein by reference; and 4 WHEREAS, at the Council meeting on November 17, 2008,the Mayor and Council received 5 information from The Planning Center Consultant on the revised Housing Element regarding emergency 6 shelters and the requirements of Senate Bill 2; and 7 WHEREAS, at the Council meeting on November 25, 2008,the Mayor and Council adopted 8 Ordinance No. MC-1290, an Urgency Ordinance which amended and extended Ordinance No. MC- 9 1288, amended Development Code Section 19.02.050, 19.08.020, Table 08.01, added Chapter 19.10-E, 10 amended Section 19.06.020, Table 06.01, and designated five new areas throughout the City in the IL 1 I and CH, Commercial Heavy, land use districts within the Emergency Shelter Overlay District, and 12 removed the previously designated area south of P Street, east of Waterman Avenue and north of 13 Central Avenue. Ordinance No. MC-1290, and the Request for Council Action, Staff Report, Exhibits, 14 and other documents and testimony previously submitted to the Mayor and Council in support of said 15 Ordinance are hereby incorporated herein by reference; and 16 WHEREAS, on October 5, 2009, the Mayor and Council adopted Ordinance No. MC-1317, an 17 Urgency Ordinance which amended and extended Ordinance No. MC-1290. Ordinance No. MC-1317, 18 and the Request for Council Action, Staff Report, Exhibits, and other documents and testimony 19 previously submitted to the Mayor and Council in support of said Ordinance are hereby incorporated 20 herein by reference; and 21 WHEREAS on August 25, 2010, the Planning Commission of the City of San Bernardino held a 22 noticed public hearing to consider the proposed ordinance as an amendment to the City Development 23 Code, and recommended that the Mayor and Common Council adopt the ordinance as proposed; and 24 WHEREAS, notice of the public hearing for the Mayor and Council's consideration of this 25 proposed Ordinance was published in The Sun newspaper on September 10, 2010. 26 NOW THEREFORE,THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 27 BERNARDINO DO ORDAIN AS FOLLOWS: 28 4 I SECTION 1. The Mayor and Common Council find that the above-stated Recitals are true and 2 hereby adopt and incorporate them herein. 3 SECTION 2. San Bernardino Municipal Code (Development Code) Section 19.02.050, 4 DEFINITIONS, is hereby amended to add the definition of"Emergency Shelter"to read as follows: 5 6 19.02.050 DEFINITIONS 7 Emergency Shelter. As used in Government Code Sections 65582, 65583 and 65589.5 (Senate s 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 9 by a homeless person. No individual or household may be denied emergency shelter because of an 10 inability to pay. Emergency shelters shall be occupied only by homeless persons unable to pay for 11 housing. Facilities occupied by individuals who pay for their housing or whose lodging/housing is paid 12 for by others shall not be permitted as emergency shelters. Also referred to as a "homeless shelter", 13 "homeless facility"or social service center with a residential component." 14 SECTION 3. San Bernardino Municipal Code (Development Code) Section 19.06.020, Table 15 06.01, Commercial Districts List of Permitted Uses, and Section 19.08.020, Table 08.01, Industrial 16 Districts List of Permitted Uses, are hereby amended to allow emergency shelters as a permitted use, 17 requiring a Development Permit Type 1 in the Emergency Shelter Overlay District in the CH, 1s Commercial Heavy and IL, Industrial Light Land Use Districts pursuant to Development Code Chapter 19.10-E. See Exhibits A and B, attached hereto and incorporated herein. 19 SECTION 4. San Bernardino Municipal Code (Development Code) Chapter 19.10-E, 20 Emergency Shelter Overlay District, is hereby added to read as shown on Exhibit C, attached hereto and 21 incorporated herein. Attached and incorporated herein as Exhibit D are reference maps showing the 22 areas of the City designated as the Emergency Shelter Overlay District. 23 SECTION 5. This Ordinance is based upon the recitals and findings set forth above, and the 24 accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the 25 authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution, 26 and Section 40(z) of the Charter of the City of San Bernardino. 27 SECTION 6. Compliance with the California Environmental Quality Act: The Mayor and 28 Common Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or reasonably 5 I foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as 2 defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, 3 because it has no potential for resulting in physical change to the environment, directly or indirectly. 4 SECTION 7. Severability: If any section, subsection, subdivision, sentence, or clause or phrase 5 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective 6 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby 7 declares that it would have adopted each section irrespective of the fact that any one or more 8 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or 9 ineffective. 10 I1 /// 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO 2 MUNICIPAL CODE (DEVELOPMENT CODE) SECTIONS 19.02.050, 19.06.020, TABLE 06.01, 19.08.020, TABLE 08.01 AND ADDING CHAPTER 19.10-E TO ESTABLISH THE EMERGENCY 3 SHELTER OVERLAY DISTRICT AND DESIGNATE APPLICABLE AREAS. 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Council 5 of the City of San Bernardino at a meeting thereof, held on the day of 2010,by the following vote,to wit: 6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 7 8 MARQUEZ 9 DESJARDINS 10 BRINKER 11 SHORETT 12 KELLEY 13 14 JOHNSON 15 MC CAMMACK 16 17 Rachel Clark, City Clerk 18 19 The foregoing Ordinance is hereby approved this day of 2010. 20 21 PATRICK J. 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U N N W INDUSTRIAL DISTRICTS- 19.08 EXHIBIT B CHAPTER 19.08 INDUSTRIAL DISTRICTS 19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES The following list represents those primary uses in the manufacturinglindustrial 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; MC LAND USE ACTIVITY CH OIP IL IH EE 1. Accessory structures/uses typically appurtenant to a D D D D D principally permitted land use activity; 2. Agricultural Production-crops; D D 3. Agricultural Services; D D D — 4. Assembling,cleaning,manufacturing,processing,repairing D D] D D — or testing of products including automotive related(except dismantling)and welding and excluding explosives, conducted entirely within an enclosed structure except for screened outdoor storage areas; 5. Assembling,cleaning,manufacturing,processing,repair of D D — products,research, storage,testing or wholesale land uses (except explosives)with a portion of the operation(other than storage)occurring outside of the enclosed structure: A. Outside land uses in the CH and IH districts within 150 feet of a residential land use district; C — — C — 6. Concrete batch plants,processing of minerals and — — — C C aggregate and other related land uses,not including extraction activities; 7. Crematory; D — D D — 8. Dwelling unit for a full-time security guard and family; D D D 9. Educational Service,including day care; D D D C — 10. Emergency Shelters D — D — — INDUSTRIAL DISTRICT'S- 19.08 LAND USE ACTIVITY CH OIP IL 113 IE 11. Entertainment/Recreational Uses: A.Adult Entertainment C — C —B.Auditoriums,Convention Halls and Theaters C C — —C.Miscellaneous Indoor;and D C D D D.Miscellaneous Outdoor C C C C 12. Financial; D D — — - 13. Fuel Dealers; C — C D — 14. Funeral Parlors/Mortuaries; D — D D — 15. Gasoline Service Stations; D — D D — 16. Heliports/Helipads; C C C C C 17. Impound Vehicle Storage Yards(with or without towing) C — C D — 18. Membership organizations,including religious facilities, D D D — — meeting halls,and fraternal lodges; 19. Mining/Extraction,including aggregate,coal,gas,metal — C and oil; 20. Mobile Home Dealers(sales and service); D — D D — 21. Offices/Services(administrative and professional); D D D 22. Outdoor contractor's,lumber,and rental yards and storage D — D D D areas for building supplies; 23. Outdoor Horticultural Nurseries; D — D D D 24. Parking Lots; D D D D D 25. Personal Services; D D' D3 26. Pipelines(As defined by Section 19.20.030[12][E]or as C C C C C superseded by State or Federal law); 27. Public utility uses,distribution and transmission D D D D D substations and communication equipment structures; 28. Publishing/Printing Plants; D D D D — 29. Railroad Yards; — — — D — 30. Recycling Facilities; (In compliance with Section 19.06.030[2][P]) 31. Research and Development,including laboratories; D D D D — 32. Retail Commercial; D D3 D3 — — 33. Salvage and Wrecking(dismantling)yards; — — — C C 34. Salvage and Wrecking Facilities(completely within an C — C C — enclosed structure); INDUSTRIAL DISTRICTS- 19.08 LAND USE ACTIVITY CH 011P H. H1 IE 35. Social Service Centers; — — CQ — — 36. Swap Meets; C — C C C 37. Towing Services; D — D D — 38. Transportation/Distribution; D — D D — 39. Truck Stops; — — C C — 40. Veterinary Services/Animal Boarding; D — D — — 41. Warehousing and Wholesaling, including self-service mini- D — D D — storage;and 42. Other A. Antennas, Satellite and Vertical; D D D D D B. Cleaningdanitorial; D D D — — C. Copy Centers/Postal Service Centers/Blueprinting; D D D — — D. Equestrian Trails; P P P P P E. Fences(Walls; D D D D D F. Police/Fire Protection; D D D D D G. Single-Family Residential P P P P P (Existing-MC 823 3/2/92);and H. Temporary Uses(Subject to M Temporary Use Permit) T T T T T 'Except auto related. 2Permitted in the Emergency Shelter Overlay District,pursuant to Chapter 19.10-E. 3 Incidental to a primary use,and contained within a primary structure(15%max.). 4Commission recommends to Council for final determination. Other similar uses which the Director finds to fit within the purpose/intent of the zones,in compliance with Section 19.02.070(3). /// EMERGENCY SHELTER OVERLAY DISTRICT - 19.10-E EXHIBIT C CHAPTER 19.10-E EMERGENCY SHELTER OVERLAY DISTRICT 19.10-E.010 PURPOSE The purpose of this chapter is to provide for areas within the CH, Commercial Heavy and IL, Industrial Light land use districts as referenced in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08,where emergency shelters, in accordance with Government Code Section 65583,are allowed without a conditional use permit or other discretionary permit. Recognizing the need for available and affordable sites for establishment of emergency shelters outside the traditional locations in commercial districts, the Emergency Shelter Overlay District provides several areas within the CH and IL districts for new emergency shelters to be integrated with commercial and light industrial uses and existing social services throughout the City. The purpose of the designated boundaries (area of applicability) is to maximize the potential for provision of emergency shelter and support services throughout the City of San Bernardino. 19.10-E.020 APPLICABILITY The Emergency Shelter Overlay District shall apply to CH, Commercial Heavy and IL, Industrial Light land use districts as specified in reference maps adopted with the Emergency Shelter Overlay District and available in the Development Services Department. All land use regulations and development standards for commercial and industrial uses as specified in Chapters 19.06 and 19.08 shall remain in effect. The effect of the Emergency Shelter Overlay District shall be to define the area of applicability where emergency shelters shall also be permitted with Director approval, and to add general and specific development standards for emergency shelters within the CH and IL land use districts. 19.10-E.030 GENERAL PROVISIONS 1. Emergency shelters located within the Emergency Shelter Overlay District shall be developed and operated according to the land use regulations, development standards and design guidelines for the CH and IL Districts,as applicable, as well as Chapter 19.10-E. 2. Emergency shelters shall be permitted with the approval of a Development Permit Type 1 within the Emergency Shelter Overlay District as specified in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08. EMERGENCY SHELTER OVERLAY DISTRICT- 19.10.E 19.10-E.040 DEVELOPMENT STANDARDS 1. The following standards shall apply to development of emergency shelters within the Emergency Shelter Overlay District: A EMERGENCY SHELTERS Emergency shelters, providing temporary housing and support services to homeless persons, shall be permitted in the Emergency Shelter Overlay District of the CH, Commercial Heavy and IL, Industrial Light land use districts, subject to the standards in this Section. As social services with residential components,emergency shelters are also conditionally permitted in several commercial land use districts and throughout the IL, Industrial Light land use district. The following standards shall be required for development or establishment of emergency shelters in the Emergency Shelter Overlay District: (1) The maximum resident capacity shall be 35; (2) The maximum length of stay shall be 6 months; (3) The site shall be located no more than'/2 mile from a public transit line; (4) Any new or existing structure proposed for use as an emergency shelter shall meet current California Building Code requirements. (5) Off-street parking shall be provided at a ratio of one space per 1,000 square feet of gross floor area, or one space for each employee on the largest shift plus one space for each agency vehicle plus three visitor spaces,whichever is greater; (6) Fencing and exterior lighting conforming to the development standards of Chapter 19.20 shall be required to ensure the security of site residents; ( ) A security and management plan shall be required to demonstrate adequate plans and capability to operate the emergency shelter in a safe and effective manner, including complete descriptions of the following: (a) Fencing, lighting,video cameras, and any other physical improvements intended to provide or enhance security for residents and staff; (b) Staffing plans, including the qualifications and responsibilities of all staff members and the number and positions of employees on each shift; (c) Procedures and policies for screening of potential residents to identify individuals who should be referred to medical facilities, residential care facilities,other service agencies or law enforcement; (d) Plans and policies for daily operations and supervision of residents; EMERGENCY SHELTER OVERLAY DISTRICT- 19.10-E (e) Support services to be offered to residents, including life skills training, counseling,referral to other service agencies and job placement assistance; (f) Plans to coordinate services of the facility with other homeless service providers in San Bernardino County, to improve the effectiveness of the network of agencies serving the homeless,countywide. Exhibit D-1 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Emergency Shelter Overlay District Area 1 NORTH �1 MART _ < BASELINE_S� D' G) X D. z °m 'Q�Q (C)City of an Bernardino �C�` �. Oo 132ft Exhibit D-2 LOCATION MAP E SAN BERNARDINO --aa NG DIVISION ncy Shelter Overlay District Area 2a NORTH —3RD–*- LLLL_c) -RIALTO-AVE_ 1111-+..' � � ,• (C)C� i��of San Bernardino Exhibit D-2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Emergency Shelter Overlay District Area 2b NORTH l � � D Dom, I 6TH—a— D o 5TH=ST II FOOTHILL 81.LD - .+ ,,; � - i f �� __ _ _ 4TH - I +RANCHO_AVE E T(G)City o(San Bernardino II o i Exhibit D-3 LOCATION MAP CITY OF SAN BERNARDINO -Aa PLANNING DIVISION Emergency Shelter Overlay District Area 3 NORTH D -,W-AND' TR rIN�l1Sj-- 4 TT z � -COMM ERCIAL~m� �- m z m- r c� <_ 4 O D- (C)City of San Bernardino I4 z 0 1 —tn- CITY OF • I PLANNING DIVISION Emergency Shelter Overlay District Area 4 0 ON No iioNi �� 1111 11 11 • � 1 IIII i 111 1 �� � 11■L 11 . ■ Exhibit D-5 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Emergency Shelter Overlay District Area 5 NORTH 96TH 11 Irim MILp�� D EVANS r i 1 rn EVANS- �t 259 I�� 15TH. 15TH t MAGNOLIA m GI��� TH Hl1_LW LA Lum cn 14 O M -14TH -Zi VIRGINIA Ii - INIA ,HOME,` z j 13TH" 13TH --I= --( W 0= G) m D v= 0 v= — m rn n -04 �1: _ D� � m] s (C)City oj! Bernardino BASELINE-ST -�- - -=-°�`'l-r-r �1-T1 u f �f17—I-I rTT n t—1 I ATTACHMENT PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Development Code Amendment No. 10-06 AGENDA ITEM: 4 HEARING DATE: August 25, 2010 WARD: City-wide APPLICANT: City-Initiated REQUEST/LOCATION: A proposal to add the Emergency Shelter (ES) Overlay District as Chapter 19.10-E of the Development Code, and to amend Sections 19.02.050, 19.06.020, Table 06.01 and Section 19.08.020, Table 08.01, of the Development Code to incorporate the provisions of the Emergency Shelter Overlay District. CONSTRAINTS/OVERLAYS: Not Applicable. ENVIRONMENTAL FINDINGS: ® Not Subject to CEQA per Section 15061(b)(3) ❑ Exempt per Section ❑ No Significant Effects ❑ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reporting Plan STAFF RECOMMENDATION: ® Recommend Mayor and Council Approval. ❑ Approval ❑ Conditions ❑ Denial ❑ Continue DCA No. 10-06 Hearing Date:08/25/2010 Page 2 PROPOSAL DESCRIPTION The proposed Development Code Amendment (DCA) No. 10-06 would add Chapter 19.10-E, the Emergency Shelter (ES) Overlay District, to the Development Code. The purpose of the ES Overlay District is to identify areas where emergency shelters are permitted by right, without a discretionary review and approval process, as required by Senate Bill (SB) 2 of 2007. DCA No. 10-06 also contains amendments to Section 19.02.050 (Definitions), Section 19.06.020, Table 06-01, and Section 19.08.020, Table 08-01, to reference the ES Overlay District in the tables of permitted commercial and industrial land uses. The full text of Chapter 19.10-E,the definition of emergency shelter and annotated copies of Table 06.01 and Table 08.01, illustrating additional permitting opportunities, are in Attachment A. BACKGROUND On October 20, 2008, the Mayor and Common Council adopted urgency Ordinance MC-1288 to establish the original ES Overlay District in a light industrial area east of Waterman Avenue and south of 3rd Street. On November 25, 2008,the urgency ordinance was amended and extended by urgency Ordinance MC-1290 to establish the current ES Overlay District in five designated areas of the CH, Commercial Heavy and IL, Industrial Light land use districts. The urgency ordinance was further extended by Ordinance MC-1317 on October 5, 2009. SETTING/SITE CHARACTERISTICS DCA No. 10-06 would establish the ES Overlay District as Chapter 19.10-E of the Development Code, and would apply to five industrial and commercial areas of the City, as previously specified by the Mayor and Common Council. Ordinance MC-1317 contains maps of the five ES Overlay District areas in the CH, Commercial Heavy and IL, Industrial Light land use districts. (Attachment B). CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA) The proposed Development Code Amendment is not subject to the CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, because the effect of the amendment would not result in a direct or reasonably foreseeable indirect physical change in the environment. ANALYSIS The Emergency Shelter (ES) Overlay District provides for emergency shelters to be permitted subject to a Type 1 Development Permit (DPI) in the five designated areas identified by the maps attached to Ordinance MC-1317. The DPI is subject to administrative approval by the Community Development Director, according to the standards and requirements stated in the ES Overlay District, Chapter 19.10-E of the Development Code. The ES Overlay District contains standards for development, operation and management of shelters to guide the permitting process and to ensure compatibility of permitted shelters with the surrounding community. One of the standards is a maximum resident capacity of 35. This only DCA No. 10-06 Hearing Date:08/25/2010 Page 3 applies to shelters established under the DPI administrative approval process, according to the provisions of the ES Overlay District. Larger shelters would still be permitted subject to approval of a Conditional Use Permit in various areas of the City. FINDINGS Staff recommends approval of DCA No. 10-06, a proposal to incorporate the Emergency Shelter (ES)Overlay District in the Development Code, based on the following findings of fact: 1. The proposed amendment is consistent with the General Plan. The proposed Development Code Amendment would expand opportunities to permit emergency shelters in business districts, near jobs, transit and other services, to provide housing for the homeless population, consistent with the following General Plan goals and policies: Goal 3.3: "Assist in the development of adequate housing to meet the needs of low and moderate-income households" Goal 3.4: "Assist the provision of housing for residents with special needs". Policy 3.4.2: "Assist public and private agencies to increase the availability of temporary shelter, transitional housing, and support services for the homeless through zoning policies, financial assistance, and assistance in accessing private, state and federal funding." Policy 3.5.3: "Periodically review building and development regulations to ensure that they do not impose unreasonable restrictions to construction of housing for all income groups." 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The proposed amendment would expand opportunities to provide for emergency shelter facilities in the City, subject to the development and operating standards of the ES Overlay District. The proposed amendment would not detract from or otherwise change current Code standards for emergency shelters. Therefore, the proposed Development Code Amendment, DCA No. 10-06 serves the public interest and would not be detrimental to public health, safety, convenience or general welfare. CONCLUSION Approval of Development Code Amendment No. 10-06 would continue the provisions of the previous urgency ordinances, expanding opportunities to provide emergency shelters for the homeless throughout the City. DCA No. 10-06 Hearing Date: 08/25/2010 Page 4 RECOMMENDATION Staff recommends that the Planning Commission recommend approval of Development Code Amendment No. 10-06 to the Mayor and Common Council, based on the findings of fact in this staff report. Respectfiilly Submitted, Terri RAW Deputy Director/City Planner Attachments: A: Development Code Chapter 19.10-E, Emergency Shelter Overlay District; Definition of Emergency Shelter and Tables 06.01 and 08.01 with additional permitting status highlighted. B: MC-1317—Emergency Shelter Overlay District (with maps of designated areas) EMERGENCY SHELTER OVERLAY DISTRICT - 19.10-E ATTACHMENT A CHAPTER 19.10-E EMERGENCY SHELTER OVERLAY DISTRICT 19.10-E.010 PURPOSE The purpose of this chapter is to provide for areas within the CH, Commercial Heavy and IL, Industrial Light land use districts as referenced in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08, where emergency shelters, in accordance with Government Code Section 65583, are allowed without a conditional use permit or other discretionary permit. Recognizing the need for available and affordable sites for establishment of emergency shelters outside the traditional locations in commercial districts, the Emergency Shelter Overlay District provides several areas within the CH and IL districts for new emergency shelters to be integrated with commercial and light industrial uses and existing social services throughout the City. The purpose of the designated boundaries (area of applicability) is to maximize the potential for provision of emergency shelter and support services throughout the City of San Bernardino. 19.10-E.020 APPLICABILITY The Emergency Shelter Overlay District shall apply to CH, Commercial Heavy and IL, Industrial Light land use districts as specified in reference maps adopted with the Emergency Shelter Overlay District and available in the Development Services Department. All land use regulations and development standards for commercial and industrial uses as specified in Chapters 19.06 and 19.08 shall remain in effect. The effect of the Emergency Shelter Overlay District shall be to define the area of applicability where emergency shelters shall also be permitted with Director approval, and to add general and specific development standards for emergency shelters within the CH and IL land use districts. 19.10-E.030 GENERAL PROVISIONS I. Emergency shelters located within the Emergency Shelter Overlay District shall be developed and operated according to the land use regulations, development standards and design guidelines for the CH and IL Districts,as applicable,as well as Chapter 19.10-E. 2. Emergency shelters shall be permitted with the approval of a Development Permit Type I within the Emergency Shelter Overlay District as specified in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08. EMERGENCY SHELTER OVERLAY DISTRICT- 19.10-E 19.10-E.040 DEVELOPMENT STANDARDS 1. The following standards shall apply to development of emergency shelters within the Emergency Shelter Overlay District: A EMERGENCY SHELTERS Emergency shelters, providing temporary housing and support services to homeless persons, shall be permitted in the Emergency Shelter Overlay District of the CH, Commercial Heavy and IL, Industrial Light land use districts, subject to the standards in this Section. As social services with residential components,emergency shelters are also conditionally permitted in several commercial land use districts and throughout the IL, Industrial Light land use district. The following standards shall be required for development or establishment of emergency shelters in the Emergency Shelter Overlay District: (1) The maximum resident capacity shall be 35; (2) The maximum length of stay shall be 6 months; (3) The site shall be located no more than ''/2 mile from a public transit line; (4) Any new or existing structure proposed for use as an emergency shelter shall meet current California Building Code requirements. (5) Off-street parking shall be provided at a ratio of one space per 1,000 square feet of gross floor area, or one space for each employee on the largest shift plus one space for each agency vehicle plus three visitor spaces,whichever is greater; (6) Fencing and exterior lighting conforming to the development standards of Chapter 19.20 shall be required to ensure the security of site residents; (7) A security and management plan shall be required to demonstrate adequate plans and capability to operate the emergency shelter in a safe and effective manner, including complete descriptions of the following: (a) Fencing, lighting, video cameras, and any other physical improvements intended to provide or enhance security for residents and staff, (b) Staffing plans, including the qualifications and responsibilities of all staff members and the number and positions of employees on each shift; (c) Procedures and policies for screening of potential residents to identify individuals who should be referred to medical facilities, residential care facilities,other service agencies or law enforcement; (d) Plans and policies for daily operations and supervision of residents; EMERGENCY SHELTER OVERLAY DISTRICT- 19.10-E (e) Support services to be offered to residents, including life skills training, counseling, referral to other service agencies 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 agencies serving the homeless,countywide. ATTACHMENT A 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. Emergency shelters shall be occupied only by homeless persons unable to pay for housing. Facilities occupied by individuals who pay for their housing or whose lodging/housing is paid for by others shall not be permitted as emergency shelters. Also referred to as a "homeless shelter", "homeless facility", or if service center with a residential component." 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M V vt %G d N N N N N N N N N N w C2 F INDUSTRIAL DISTRICTS- 19.08 ATTACHMENT A CHAPTER 19.08 INDUSTRIAL DISTRICTS 19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES The following list represents those primary rues 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; MC LAND USE ACTIVITY CH OIP IL IH IE I. Accessory structures/uses typically appurtenant to a D D D D D principally permitted land use activity; 2. Agricultural Production-crops; — D D 3. Agricultural Services; D — D D 4. Assembling,cleaning,manufacturing,processing,repairing D D1 D D — or testing of products including automotive related(except dismantling)and welding and excluding explosives, conducted entirely within an enclosed structure except for screened outdoor storage areas; 5. Assembling,cleaning,manufacturing, processing,repair of D — — D — products,research,storage,testing or wholesale land uses (except explosives)with a portion of the operation(other than storage)occurring outside of the enclosed structure: A. Outside land uses in the CH and 11-1 districts within 150 feet of a residential land use district; C — — C — 6. Concrete batch plants,processing of minerals and — C C aggregate and other related land uses,not including extraction activities; 7. Crematory; D — D D — 8. Dwelling unit for a full-time security guard and family; D D D 9. Educational Service, including day care; D D D C — 10. Emergency Shelters Dr — DZ — INDUSTRIAL DISTRICTS- 19.08 LAND USE ACTIVITY CH OIP H IH IE 11. Entertainment/Recreational Uses: A. Adult Entertainment C — C B.Auditoriums,Convention Halls and Theaters C C C. Miscellaneous Indoor, and D C D D D. Miscellaneous Outdoor C C C C 12. Financial; D D — 13. Fuel Dealers; C — C D — 14. Funeral Parlors/Mortuaries; D — D D — 15. Gasoline Service Stations; D — D D — 16. Heliports/Helipads; C C C C C 17. Impound Vehicle Storage Yards(with or without towing) C — C D — 18. Membership organizations, including religious facilities, D D D — — meeting halls,and fraternal lodges; 19. Mining/Extraction, including aggregate,coal,gas,metal C and oil; 20. Mobile Home Dealers(sales and service); D — D D — 21. Offices/Services(administrative and professional); D D D 22. Outdoor contractor's, lumber,and rental yards and storage D — D D D areas for building supplies; 23. Outdoor Horticultural Nurseries; D — D D D 24. Parking Lots; D D D D D 25. Personal Services; D D3 D' 26. Pipelines(As defined by Section 19.20.030[12][E] or as C C C C C superseded by State or Federal law); 27. Public utility uses,distribution and transmission D D D D D substations and communication equipment structures; 28. Publishing/Printing Plants; D D D D — 29. Railroad Yards; — — — D — 30. Recycling Facilities; (In compliance with Section 19.06.030[21[P]) 31. Research and Development, including laboratories; D D D D — 32. Retail Commercial; D D3 D3 — — 33. Salvage and Wrecking(dismantling)yards; — — — C C 34. Salvage and Wrecking Facilities(completely within an C — C C — enclosed structure); INDUSTRIAL DISTRICTS - 19.08 LAND USE ACTIVITY CH OIP IL III IE 35. Social Service Centers: — — 0 — — 36. Swap Meets; C — C C C 37. Towing Services; D — D D — 38. Transportation/Distribution; D — D D — 39. Truck Stops; — — C C — 40. Veterinary Services/Animal Boarding; D — D — 41. Warehousing and Wholesaling, including self-service mini- D — D D — storage; and 42. Other A. Antennas, Satellite and Vertical; D D D D D B. Cleaning/Janitorial; D D D C. Copy Centers/Postal Service Centers/Blueprinting; D D D — — D. Equestrian Trails; P P P P P E. Fences/Walls; D D D D D F. Police/Fire Protection; D D D D D G. Single-Family Residential P P P P P (Existing- MC 823 3/2/92); and H. Temporary Uses(Subject to[T]Temporary Use Permit) T T T T T 'Except auto related. 'Permitted in the Emergency Shelter Overlay District, pursuant to Chapter 19.10-E. a 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). Adopted: October 5, 2009 ATTACHMENT B Effective: October 5, 2009 ORDINANCE NO. Mc-1317 2 AN URGENCY ORDINANCE AMENDING AND EXTENDING ORDINANCE NO. MC-1290, AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO 3 AMENDING SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.02.050, 19.08.020,TABLE 08.01, ADDING CHAPTER 19.10-E, AMENDING 4 SECTION 19.06.020, TABLE 06.01, DESIGNATING THE AREAS WITHIN THE EMERGENCY SHELTER OVERLAY DISTRICT, DECLARING THE URGENCY 5 THEREOF, AND TAKING EFFECT IMMEDIATELY. 6 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 7 WHEREAS, Section 40(z)of the City Charter vests the Mayor and Common Council with 8 the power to make and enforce all laws and regulations with respect to municipal affairs,subject only 9 to the restrictions and limitations provided in the Charter or by State law; and 10 WHEREAS,Sections 31 and 121 of the City Charter provide for the adoption of an urgency I ordinance for the immediate preservation of the public peace, health, or safety if passed by a two 12 third's (2/3) vote of the Council; and 13 WHEREAS,Government Code Section 65858 provides that for the purpose o fprotecting the 14 public safety, health, and welfare, the legislative body of a city may adopt, without following the 15 procedures otherwise required prior to the adoption of a zoning ordinance, as an urgency measure, 16 an interim ordinance,by a fourth-fifths (4/5)vote of the legislative body,prohibiting any uses that 17 may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the 18 legislative body, planning commission or the planning department is considering or studying or 19 intends to study within a reasonable time; and 20 WHEREAS, effective January 1, 2008, Chapter 633, Statutes of 2007 ("Senate Bill 2") 21 amended California Government Code Section 65583 to require local governments to amend their 22 General Plan Housing Element to identify a land use zone wherein emergency homeless shelters are 23 a permitted use without a conditional use permit or other discretionary permit; and, 24 WHEREAS, Senate Bill 2 amended Government Code Section 65589.5(d) to provide that 25 a local agency shall not disapprove a land use application for an emergency shelter within any zone, 26 or conditionally approve a land use application for an emergency shelter within any zone in such 27 manner as to render the project infeasible, unless it makes written findings,based upon substantial 28 F-\EMPENO\Ordinanca\Ern grncy she1w Ordinance 103-09.wpd I r MC-1317 C I I 1 evidence in the record as to one of five (5) findings; and 2 WHEREAS, finding number five(5)under Government Code Section 65589.5(d)provides 3 the exception that: 4 The...emergency shelter is inconsistent with both the jurisdiction's zoning ordinance 5 and general plan land use designation as specified in any element of the general plan as 6 it existed on the date the application was deemed complete, and the jurisdiction has 7 adopted a revised housing element in accordance with Section 65588 that is in 8 substantial compliance with this article. 9 WHEREAS, finding number five(5)is subject to the further requirement that the exception 10 is not available if the local agency has failed to identify a zone or zones wherein emergency shelters 11 are allowed as a permitted use without a conditional use permit or other discretionary permit; and 12 WHEREAS, through the adoption of an urgency ordinance amending the City of San 13 Bernardino Development Code which identifies a zone or zones where emergency shelters are 14 allowed as a permitted use without a conditional use or other discretionary permit,the City will be 15 in substantial compliance with the above described exception pursuant to California Government 16 Code Section 65583(a)(4)(D); and 17 WHEREAS,Senate Bill 2 recognizes that legislative bodies,prior to the adoption of a revised 18 Housing Element in compliance with Senate Bill 2,may adopt a zoning ordinance which identifies 19 a zone or zones where emergency shelters are allowed as a permitted use without a conditional use 20 permit or other discretionary permit, and thus recognizes that the adoption of said ordinance may 21 constitute substantial compliance with Senate Bill 2; and 22 WHEREAS, the City of San Bernardino Development Code currently includes emergency 23 homeless shelters in the category of social services with residential components,which are allowed 24 as a conditionally permitted use City-wide in several residential and commercial land use districts 25 and throughout the IL,Industrial Light land use district with such conditions that do not render such 26 projects infeasible for development; and 27 WHEREAS, the City of San Bernardino, in a variety of locations, currently has several 28 existing emergency shelters which provide in excess of 400 beds for the homeless, including the F:\EMPENO\Ordinancu\Emcrgency Shelter Ordinance 10-5-09.wpd 2 MC-1317 1 Salvation Army's new 124-bed year round homeless shelter for men located at 363 South Doolittle 2 Road. In addition,the Salvation Army has made an application for another 150-bed homeless shelter 3 for families with children at 925 W. 10th Street that is currently under review by the City(see list 4 of service providers attached as Exhibit A to the Staff Report for Ordinance No.MC-1288 and which 5 is incorporated herein by reference); and 6 WHEREAS, on May 19, 2008, the City of San Bernardino retained a consultant, The 7 Planning Center, to update the General Plan Housing Element. The Planning Center has extensive 8 experience with housing element preparation and the certification review process with the California 9 Department of Housing and Community Development (HCD). The City's Request for Proposals 10 issued on January 2, 2008, specifically stated that an update of the City's General Plan Housing 11 Element in compliance with Senate Bill 2 was needed, among other requirements. The City's 12 contract with The Planning Center specifically listed the requirements of Senate Bill 2 in the Scope 13 of Work, including an identification and analysis of the needs of homeless persons and families in 14 the City of San Bernardino as required by Senate Bill 2; and 15 WHEREAS, as identified on HCD's website as of September 22, 2009,only four cities out 16 of the 24 cities in the County of San Bernardino and only three cities out of the 24 cities in the 17 County of Riverside have adopted and received HCD certification of arevised Housing Element;and 18 WHEREAS,in spite of significant budget cuts and the loss of numerous employees,the City 19 of San Bernardino has made substantial progress in complying with the requirements of Senate Bill 20 2. The Preliminary Draft of the revised Housing Element is expected from The Planning Center in 21 October 2009; and 22 WHEREAS, the Mayor and Council recognize that Senate Bill 2 requires that the City's 23 General Plan Housing Element must include land use zones which will provide sufficient 24 opportunities for new emergency shelters to meet the need identified in the consultant's analysis;and 25 WHEREAS,the Mayor and Council find that the existing emergency shelters,the emergency 26 shelters under construction,and the new emergency shelters proposed forconstruction,togetherwith 27 opportunities for development of new emergency shelters in the residential, industrial, and 28 commercial land use districts with the approval of a Conditional Use Permit,and the adoption of this F\EMPENO%OMinances\Em rgmcy Shelter Ordinance 10-5-09.wpd 3 NC-1317 i 1 Urgency Ordinance,which will permit new emergency shelters with approval of a nondiscretionary I 2 development permit within the CH,Commercial Heavy,and IL,Industrial Light,Land Use Districts 3 in various locations of the City,will provide sufficient emergency shelters to meet the needs of the 4 homeless in the City of San Bernardino in the interim, until a revised Housing Element in full 5 compliance with Senate Bill 2 is adopted by the City; and 6 WHEREAS, at the Council meeting on October 20,2008,the Mayor and Council adopted 7 Ordinance No. MC-1288, "An Urgency Ordinance of the City of San Bernardino Amending San 8 Bernardino Municipal Code (Development Code) Section 19.02.050, 19.08.020,Table 08.01, and 9 adding Chapter 19.10-E, Emergency Shelter Overlay District to permit emergency shelters with 10 approval of a building permit within areas of the IL,Industrial Light,Land Use District lying South 11 of 3`s Street,East of Waterman Avenue and North of Central Avenue,declaring the urgency thereof, 12 and taking effect immediately." Ordinance No.MC-1288,and the Request for Council Action,Staff 13 Report,Exhibits,and other documents and testimony previously submitted to the Mayor and Council 14 in support of said Ordinance are hereby incorporated herein by reference; and 15 WHEREAS,at the Council meeting on November 17,2008,the Mayor and Council received 16 information from The Planning Center Consultant on the revised Housing Element regarding 17 emergency shelters and the requirements of Senate Bill 2; and 18 WHEREAS,at the Council meeting on November 25,2008,the Mayor and Council approved 19 Ordinance No. MC-1290,an Urgency Ordinance which amended and extended Ordinance No.MC- 20 1288,amended Development Code Section 19.02.050,19.08.020,Table 08.01,added Chapter 19.10- 21 E, amended Section 19.06.020, Table 06.01, and designated five new areas throughout the City in 22 the IL and CH,Commercial Heavy,land use districts within the Emergency Shelter Overlay District, 23 and removed the previously designated area south of 3rd Street,east of Waterman Avenue and north 24 of Central Avenue. Ordinance No. MC-1290, and the Request for Council Action, Staff Report, 25 Exhibits, and other documents and testimony previously submitted to the Mayor and Council in 26 support of said Ordinance are hereby incorporated herein by reference; and 27 WHEREAS,the Mayor and Council need additional time to study and determine whether the 28 areas of the City designated by this Urgency Ordinance within the Emergency Shelter Overlay F:�EMPENOtOrdinances\Etnergency Shelter Ordinance 104-09.wpd 4 MC-1317 1 District should be modified; and 2 WHEREAS, the above-stated recitals and the Staff Report to this Ordinance are hereby 3 adopted as the written report issued by the Mayor and Council pursuant to Government Code Section 4 65858, which describes the measures taken to alleviate the condition which led to the adoption of 5 the previous urgency ordinance; and 6 WHEREAS, notice of the public hearing for the Mayor and Council's consideration of the 7 proposed Urgency Ordinance was published in The Sun newspaper on September 25, 2009, as 8 required by Government Code Section 65858. 9 WHEREAS, the Mayor and Common Council make the following findings of a current and 10 immediate threat to the public health,safety and welfare as required by California Government Code 11 Section 65858: 12 1. The City of San Bernardino has sufficient emergency shelters, transitional and supportive 13 housing facilities in existence as"grandfathered"uses under prior versions of the Development Code. 14 It also has numerous low-income housing developments and government subsidized housing 15 facilities which lower the threshold of the transition from homelessness to sheltered. 16 2. As a consequence of the recent housing crisis and of previous housing crises,the City of San 17 Bernardino has experienced a history of housing affordability relative to other communities which 18 has facilitated the location in San Bernardino of sufficient emergency shelters, transitional and 19 supportive housing facilities that accommodate six(6)or fewer unrelated adults and are not therefore 20 subject to regulation by the City. 21 3. Because of the systemic hostility of other regional entities to the presence of homeless 22 persons,the City of San Bernardino is in the same posture as downtown Los Angeles in terms of the 23 disproportionate supply of shelter and service providers across the region that has led to a 24 disproportionate concentration of homeless persons in the City of San Bernardino. There exists a 25 confusion as to the needs of the San Bernardino homeless,the regional homeless who migrate to San 26 Bernardino, and the national homeless for whom San Bernardino is a warm weather stop. 27 4. The concentration of homeless persons in the City of San Bernardino,including the mentally 28 ill and those suffering substance abuse, is detrimental to their rehabilitation in that they have F\EMPENO\Ordinances\Emcrgency Shelter Ordinance 10-5-09.wpd 5 MC-1317 1 developed in some instances, and have become part of informal but enduring networks that support 2 their illness against the efforts of the local institutions for their rehabilitation. 3 5. The improper location of emergency shelters in all parts of the Cityof San Bernardino,at this 4 time of economic crisis in the housing market,will facilitate the entrenchment of land uses in such 5 manner as to further perpetuate the disproportionate distribution of services across the region and 6 will in fact serve to accelerate the processes Senate Bill 2 seeks to defeat. 7 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 8 BERNARDINO DO ORDAIN AS FOLLOWS: 9 Section 1. The Mayor and Common Council find that the above-stated Recitals are true 10 and hereby adopt and incorporate them herein. 11 Section 2, Ordinance No.MC-1290 is hereby amended and extended as provided herein. 12 Section 3. San Bernardino Municipal Code (Development Code) Section 19.02.050, 13 Definitions, is hereby amended to add the definition of"Emergency Shelter" to read as follows: 14 19.02.050 DEFINITIONS 15 Emergency Shelter. As used in Government Code Section 65582, 65583, and 65589.5 16 (Senate Bill-2), and as defined in Health and Safety Code Section 50801(e), "emergency shelter" 17 means housing with minimal supportive services for homeless persons that is limited to occupancy 18 of six months or less by a homeless person. No individual or household may be denied emergency 19 shelter because of an inability to pay. Emergency shelters shall be occupied only by homeless 20 persons unable to pay for housing. Facilities occupied by individuals who pay for their housing or 21 whose lodging/housing is paid for by others shall not be permitted as emergency shelters. Also 22 referred to as a "homeless shelter", "homeless facility", or "social service center with a residential 23 component." 24 Section 4. San Bernardino Municipal Code (Development Code) Section 19.06.020, 25 Table 06.01 Commercial Districts List of Permitted Uses, and Section 19.08.020, Table 08.01 26 Industrial Districts List of Permitted Uses, is hereby amended to allow Emergency Shelters as a 27 permitted use,requiring a Development Permit Type I in the Emergency Shelter Overlay District in 26 the CH, Commercial Heavy, and IL, Industrial Light, Land Use Districts pursuant to Development F.T\4PENO\Ordmances\Emergency Shelter Ordinance 10-5-09.wpd 6 HC-1317 1 Code Chapter 19.10-E, see Exhibits A and B, attached hereto and incorporated herein. 2 Section 5. San Bernardino Municipal Code (Development Code) Chapter 19.10-E. 3 Emergency Shelter Overlay District,is hereby added to read as shown on Exhibit C,attached hereto 4 and incorporated herein. Attached and incorporated herein as Exhibit D are reference maps showing 5 the areas of the City designated within the Emergency Shelter Overlay District. 6 Section 6. Pursuant to the requirements of Senate Bill 2, the Mayor and Common 7 Council hereby direct the Development Services Department to implement a program to amend the 8 City's zoning ordinances to meet the requirements of Government Code Section 65583(a)(4)(A) 9 within one year of the adoption of the City's revised Housing Element of the General Plan. 10 Section 7. This Ordinance is based upon the recitals and findings set forth above, and 11 the accompanying Staff Report and its attachments to this Ordinance,and is adopted pursuant to the 12 authority granted to the City of San Bernardino in Article 11, Section 7 of the California 13 Constitution, and Sections 31, 40(z), and 121 of the Charter of the City of San Bernardino and 14 California Government Code Section 65858. 15 Section 8. Pursuant to Sections 31 and 121 of the Charter of the City of San Bernardino 16 and Government Code Section 65858,this Ordinance shall take effect immediately. This Ordinance 17 shall be of no further force and effect 12 months from its date of adoption unless extended by action 16 of the Mayor and Common Council. 19 Section 9. Compliance with the California Environmental Quality Act. The Mayor and 20 Common Council finds that this Ordinance is not subject to the California Environmental Quality 21 Act(CEQA)pursuant to Sections 15061(b)(3) (the activity will not result in a direct or reasonably 22 foreseeable indirect physical change in the environment)and 15060(c)(3)(the activity is not a project 23 as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, 24 Chapter 3, because it has no potential for resulting in physical change to the environment, directly 25 or indirectly. 26 Section 10. Severability. If any section, subsection, subdivision, sentence, clause or 27 phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or 28 ineffective by any court of competent jurisdiction, such decision shall not affect the validity or FAEMPENOIOrdinances\Emergency Shelter Ordinance 10-5-09.wpd 7 MC-1317 1 effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and 2 Common Council hereby declares that it would have adopted each section irrespective of the fact that 3 any one or more subsections, subdivisions, sentences, clauses, or phrases be declared 4 unconstitutional, invalid, or ineffective. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 f:\EMPENO\Ordtnances\Em gency Shelter Ordinance 10-5-09.wpd 8 MC-1317 1 AN URGENCY ORDINANCE AMENDING AND EXTENDING ORDINANCE NO. 2 MC-1290, AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) 3 SECTION 19.02.050, 19.08.020,TABLE 08.01, ADDING CHAPTER 19.10-E,AMENDING SECTION 19.06.020, TABLE 06.01, DESIGNATING THE AREAS WITHIN THE 4 EMERGENCY SHELTER OVERLAY DISTRICT, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY. 5 6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 7 Council of the City of San Bernardino at a it. regu tar meeting thereof,held on the 5 th day 8 of October , 2009,by the following vote, to wit: 9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 10 ESTRADA % 11 BAXTER % 12 BRINKER % 13 SHORETT % 14 KELLEY % 15 JOHNSON % 16 MC CAMMACK % 17 18 19 Rachel lark, City Clerk T 20 The foregoing Ordinance is hereby approved this day of October 2009. 21 22 ZrK J M �i$�Mpyor 2 3 Bernardino 24 Approved as to form: JAMES F. PENMAN 25 Ci Attorney 26 27 28 FAEMPENO\Ordinances\Emergency Shelter Ordinance 10-5-09.wpd 9 MC-1317 EXHIBIT A p U N I ❑ MCC U U I I Q G .+ I I� a U Q Q I S U I I U Q i� i ❑ CCU U U U U Q O � i CCU 'an I UQ n � I L ✓� y a' m! ❑ I i i Z) 1 I U i U I ..( N Q Q 1 1 1 1 UQ �V -.I ❑ QQ Q U I I U 1 pG rV I Q Q I i I I I U i a � � <I ~r 3 '� mI ❑ QQ I I U I U z 2 V] O v "" S W4 H N SUN Q CCU U C.) i C..1 ❑ W [ tttV �l Q CCU UU i UQ 1 Z ;VNj ❑ I t l I I I U I f cW, W V Q I I I I I U i i 0 y iU p QIi i I I I 9 G ca-.1 a U � v m ° � o $� •o c .° r�.-. U0d `� d � s03 v .9 .52 t; G 3 > .v om z3mox v o° S' :" p,.'7 i ° iPy •`° $ °> .5 Q � m � 'E H y ou � `� as � .D � .5 D '° aC o cn c% .�•� va u '•oo w` q Y > L O C C Y W W y S a0 t > S d N O d .r o CC V. o ¢ � � OOd � y � o 000 .5 r no g o 3 U a s o v 3 0 5 Z u r w p q y ^,.� Gi ¢ U u .5 o. E ¢ U �i o _ -- Nmp vi �o � oo U y T t (] 1 zi ¢ 9 .� a7 i . 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W o u u `� o d U = w � a $ . 0 .V � � � H � 38uo & � ° K ro •`3 CA � .= BOO ¢ ¢ � � � � ' o •� = ? d mwxTOor° n c a z U — ri U 96 y a Mc-1317 EXHIBIT A Iffj UN aQaoa I coo I IUIIa1 acc u � - oOlol I MOO I I u I U I I a 0 Q U i U IIO17 IQQaa QIIIOU OOo V a V I I I t t t l l I l l l a l I I I Vmj aooal ta000 IUIUOI aaa U N o c c o o 1 mom t t u n I O U I n c U O O O a t I Q a Q I I Um I t i coo ua oQa0Q uQaoo UuIUQU Qac Vm aaaaQ uoaaQ IUIUou coo UN 0 Qao0 Uoaoa UUQUOU Ono aQQaQ u000a UUaUQU moo gN coca IQQII IIII11 IQa aW. 8 _ QOQQI Iaal1 IIa11 ; . ca w O Z canna uQQOC IIUIU Qla .a d w a ° w U y Ep ''J •,� �' pQ N O Q A $' o '� E •�' @Q $ m ER O U aE � rx� 5 v C y y G y } .2 a U c rg �' w 4y w m u 1: � •o .Q'� .5 0I z0 cn fs7 rn c � u � 3 tL � OS � � ° ;; U �u. C7S .a5 .� � � � z AZO �n a °z y n U F .j _ _ MC-1317 EXHIBIT A UN ❑ ❑ ❑ 1a ❑ ❑ ❑ uI a ❑ 1 ❑ la 10 111 ❑ I n U — ❑ ❑ ❑ 1 ❑ ❑ ❑ I t a a l a ; ❑ 1 I I t O t can as as aua ❑ ; ❑ ❑ Ial ❑ UIU ❑ ; V a 1 1 1 1 1 1 I I I I ❑ I ; ! I m I ❑ i , I I 1 aqa la a1 all a : : minim : ival U N q a a 1 a a s a i 1 0 1 1 a I c i a „ l a i U I t q I p a ; a ; 1 a I I in I g p a I I I a I on. 1 a Z i a 1 1 ❑ 1 1 1 1 ❑ 1 I I I I X N O S U N ❑ ❑ ❑ IQ a l o ❑ U I ❑ ❑ l a l ❑ U a l U l q l W V - ❑ a ❑ 1 a I c nu I Q 1 g a I ❑ U ❑ I U U ❑V 0 U N I I a 1 { { 1 rzC. ❑ 1 1 ❑ 1 1 ❑ U U I a I I I I ui A+ 0 — 1 I ❑ I a I I IQ I I a I 1 ❑ U U I a I I U ❑ I Wk u 0 j I t ❑ It ❑ 1 Q ❑ I I ❑ 1 1 1 1 U U m I l l a l coo 1 h I_ d a S ova a o w Z a� g g' CI '� u a Mo � = gL a6 = `3 m 8 w N qQ O w S eo L' °' 00 v' VE � ° we ° v � e .5U •2� E � �a s := : YiU u u 's .9 ca p < U �' '� v R aD 'v S �, d.& ?: v .� m C m N W v w g u .5 aui v °' yd •� ? of uuum $� al � axo > 3 a� muuv � � c� wwxa ❑ �n U .� .- cv �-, v �n scrod c - - 0 = ri .•iv �.i �o � oo o — = = = U V F zI l - �jr1 � _ - MC-13117 EXHIBIT A Ury It Igq ❑ IU ❑ ❑ qam- 1F I y U 1 ❑ ❑ ❑ I U ❑ q ❑ ❑ 4 11-F ❑ w I I I 0 0a I U aaa0O. UF cd { I itI ❑ IU Ag1141F I M U �+ 11 I g q q q U O ❑ 1 0 4 { F q c N 0 d u N ❑ U ❑ q ❑ ❑ ❑ U ❑ q ❑ a 4 1 F ❑ o 1 1 I ❑ ❑ ❑ ❑ U g q Q Q 4 t F A 3 U QU IggqqU ❑ ❑ ❑ A41F ❑ is Vm tU I coo IU 0 Ia4IF I p u rN I U A qQ0 : U 0a I q4 I WVV ^ I t I APO I U ggqq4 117- q 5r uN i t t ❑Qq I U 0 1 00. I I ❑ CCU q ❑ 1g4IF U W � 9 1 U q q 1 0 4 1 F I In w cd as V1 .9 Iy y o .5 G 4 v99 V5 TO w � w egg a a .�v In �_ ya� mo • c o � _ uwqq t 3 `Ti r .5 .3 u •? V a C W oux .' > E *a � .� o ow .53uu@ Sy W n U � � 0444o44a24 'o 4F ;E ❑ m ❑ ae vi �G � oo ago = rvrie vi nor ad u a•y N t U L i t mug U aj �L 0 = - MC-1317 INDUSTRIAL DISTRICTS - 19.08 EXHIBIT B CHAPTER 19.08 INDUSTRIAL DISTRICTS 19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES The following list represents those primary uses in the manufacturing/industrial zoning districts which are Permitted(P), subject to a Development Permit(D)or a Conditional Use Permit(C): TABLE 08.01 INDUSTRIAL DISTRICTS LIST OF PERMITTED USES MC 888 12/6193 LAND USE ACTIVITY CH OIP H. III IE 1. Accessory structures/uses typically appurtenant to a D D D D D principally permitted land use activity; 2. Agricultural Production-crops; — — — D D 3, Agricultural Services; D — D D — 4. Assembling,cleaning,manufacturing,processing,repairing D D' D D — or testing of products including automotive related(except dismantling)and welding and excluding explosives, conducted entirely within an enclosed structure except for screened outdoor storage areas; 5. Assembling,cleaning,manufacturing,processing,repair of D — — D — products,research, storage,testing or wholesale land uses (except explosives)with a portion of the operation(other than storage)occurring outside of the enclosed structure: A. Outside land uses in the CH and IH districts within 150 feet of a residential land use district; C — — C — 6. Concrete batch plants, processing of minerals and C C aggregate and other related land uses,not including extraction activities; 7. Crematory; D -- D D — 8. Dwelling unit for a full-time security guard and family; — — D D D 9. Educational Service, including day care; D D D C — 10. Emereencv Shelters D — D2 — — MC-1317 INDUSTRIAL DISTRICTS- 19.08 LAND USE ACTIVITY CH OH' IL IH EE H. Entertainment/Recreational Uses: A.Adult Entertainment C — C —B.Auditoriums,Convention Halls and Theaters C C — —C.Miscellaneous Indoor,and D C D D D. Miscellaneous Outdoor C C C C 12. Financial; D D — — — 13. Fuel Dealers; C — C D — 14. Funeral Parlors/Mortuaries; D — D D — 15. Gasoline Service Stations; D -- D D — 16. Heliports/Helipads; C C C C C 17. Impound Vehicle Storage Yards(with or without towing) C — C D — 18. Membership organizations, including religious facilities, D D D meeting halls,and fraternal lodges; 19. Mining/Extraction,including aggregate,coal, gas,metal — — — — C and oil; 20. Mobile Home Dealers(sales and service); D — D D — 21. Offices/Services(administrative and professional); D D D — — 22. Outdoor contractor's, lumber,and rental yards and storage D — D D D areas for building supplies; 23. Outdoor Horticultural Nurseries; D — D D D 24. Parking Lots; D D D D D 25. Personal Services; D 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 strictures; 28. . Publishing/Printing Plants; D D D D — 29. Railroad Yards; — — — D — 30. Recycling Facilities; (In compliance with Section 19.06.030[2][P]) 31. Research and Development, including laboratories; D D D D — 32. Retail Commercial; D D' D' — — 33. Salvage and Wrecking(dismantling)yards; — — — C C 34. Salvage and Wrecking Facilities(completely within an C — C C — enclosed structure); MC-1317 INDUSTRIAL DISTRICTS - 19.08 LAND USE ACTIVITY CH OIP IL IH IE 35. Social Service Centers; -- — C4 — — 36. Swap Meets; C — C C C 37. Towing Services; D — D D — 38. Transportation/Distribution; D — D D — 39. Truck Stops; — — C C — 40. Veterinary Services/Animal Boarding; D — D — — 41. Warehousing and Wholesaling, including self-service mini- D — D D -- storage;and 42. Other A. Antennas,Satellite and Vertical; D D D D D B. Cleaning/Janitorial; D D D — — C. Copy Centers/Postal Service Centers/Blueprinting; D D D D. Equestrian Trails; P P P P P E. Fences/Walls; D D D D D F. Police/Fire Protection; D D D D D G. Single-Family Residential P P P P P (Existing-MC 823 3/2/92);and H. Temporary Uses(Subject to[T]Temporary Use Permit) T T T T T i i 'Except auto related. j2Permitted in the Emerfencv Shelter Overlay District,pursuant to Chapter 19.10-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 purposelintent of the zones,in compliance with Section 19.02.070(3). MC-1317 EMERGENCY SHELTER OVERLAY DISTRICT- 19.10-E EXHIBIT C CHAPTER 19.10-E EMERGENCY SHELTER OVERLAY DISTRICT 19.10-E.010 PURPOSE The purpose of this chapter is to Mvide for areas within the CH. Commercial Heavy and IL, Industrial Light land use districts as referenced in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08, where emergency shelters, in accordance with Govemment Code Section 65583,are allowed without a conditional use pem]it or other discretionary permit. Recognizing the need for available and affordable sites for establishment of emergency shelters outside the traditional locations in commercial districts, the Emergency Shelter Overlay District provides several areas within the CH and IL districts for new emergency shelters to be integrated with commercial and light industrial uses and existing social services throughout the City. The purpose of the designated boundaries (area of applicability) is to maximize the potential for provision of emergency shelter and support services throughout the City of San Bernardino. 19.10-E.020 APPLICABILITY The Emergency Shelter Overlay District shall apply to CH Commercial Heavy and IL, Industrial Light land use districts as specified in reference maps adopted with the Emergency Shelter Overlay District and available in the Development Services Department All land use regulations and development standards for commercial and industrial uses as specified in Chapters 19.06 and 19.08 shall remain in effect The effect of the Emergency Shelter Overlay District shall be to define the area of applicability where emergency shelters shall also be pqrmitted with Director approval and to add general and specific development standards for emergency shelters within the CH and IL land use districts. 19.10-E.030 GENERAL PROVISIONS 1. Emergency shelters located within the Emergency Shelter Overlay District shall be developed and operated according to the land use regulations development standards and design guidelines for the CH and IL Districts as applicable as well as Chapter 19 10-E 2 Emergency shelters shall be permitted with the approval of a Development Permit Type I within the Emergency Shelter Overlay District as specified in Table 06.01 of Chanter 19.06 and Table 08.01 of Chapter 19.08. MC-1317 EMERGENCY SHELTER OVERLAY DISTRICT - 19.10-E 19.10-E.040 DEVELOPMENT STANDARDS I The following standards shall apply to development of emergency shelters within the Emergency Shelter Overlay District: A EMERGENCY SHELTERS Emergency shelters, providing temporary housing and support services to homeless persons shall be permitted in the Emergency Shelter Overlay District of the CH, Commercial Heavy and IL. Industrial Light land use districts, subiect to the standards in this Section. As social services with residential components,emergency shelters are also conditionally permitted in several commercial land use districts and throughout the IL, Industrial Light land use district The following standards shall be required for development or establishment of emergency shelters in the Emergency Shelter Overlay District: (1) The maximum resident capacity shall be 35; (2) The maximum length of stay shall be 6 months: (3) The site shall be located no more than''/]mile from a public transit line: (4) Any new or existing structure proposed for use as an emergency shelter shall meet current Califomia Building Code requirements. (5) Off-street parking shall be provided at a ratio of one space per 1,000 square feet of gross floor area, or one space for each employee on the largest shift plus one space for each agency vehicle plus three visitor spaces, whichever is greater: (6) Fencing and exterior lighting conforming to the development standards of Chapter 19.20 shall be required to ensure the security of site residents: (7) A security and management plan shall be required to demonstrate adequate plans and capability to operate the emergency shelter in a safe and effective manner. includirm complete descriptions of the following: (a) Fencing, lighting. video cameras, and any other physical improvements intended to provide or enhance security for residents and staff: (b) Staffm plans, including the qualifications and responsibilities of all staff members and the number and positions of employees on each shift: (c) Procedures and policies for screening of potential residents to identify individuals who should be referred to medical facilities residential care facilities,other service agencies or law enforcement: MC-1317 EMERGENCY SHELTER OVERLAY DISTRICT- 19.10-E (d) Plans and policies for daily operations and supervision of residents: (e) Support services to be offered to residents. including life skills training counseling, referral to other service agencies and job placement assistance: (fl Plans to coordinate services of the facility with other homeless service Rmviders in San Bernardino County, to improve the effectiveness of the network of agencies serving the homeless,countywide. MC-1317 Exhibit D-1 LOCATION MAP Eal AN BERNARDINO DIVISION 13h, NORTH i ,i M� BASELINE.ST o (C)Ci ,of San Bernardino �` \ Oo132ft MC-1317 Exhibit 0-2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2a ill NORTH �0 ® 3RD A t .................... .._....._"'._._ ..T. . + RCS c� - RIA L TO-A VE- n Bernardino MC-1317 Exhibit D-2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2b u NORTH c� 6TH— o1 01 IT i m -ry � r y O, (n TT STH_ST: FOOTHILL°`BC Vp KITH RANCHO-AVE �1 (C)City of San Bernardino 0 Exhibit D-3 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 3 u NORTH I ti_I CAROLINE MIT D �IF7AK41L'A II D ND_ --i m rNDUsrRrq� D 1 z CANAM OMMERCIAL--� m ml z m r III D (C)City of San Bernardino Z Z 0 , 1 to MC-1317 Exhibit D-4 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 4 NORTH per- =115TH AINAP DA m 14TH M EEl s n � r o n 13TH-� m f O I -BASELINETS T Y D lom D Z= 70 n D cn=BRUCEr' a m va PARKERI II r. � (C)Cian Bernardino f O OF . • PLANNING DIVISION 1111 NO - t Ilillt�'11 � �- � � 111� =It1111= ■Illlli 1111111215 _ 1111111 , �llliilH Iliinitl IItlHlllo _NIiN� 1111111 v . . 11111 i r rTM 11 LW a