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. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Wendy J. McCammack
Councilmember
Subject: DISCUSSION OF AN INTERIM
ORDINANCE OF THE CITY OF SAN
BERNARDINO ESTABLISHING A
TEMPORARY MORATORIUM ON THE
ESTABLISHMENT AND OPERATION OF
NEW RESIDENTIAL CARE OR
CONGREGATE CARE FACILITIES WI'fH
SEVEN OR MORE BEDS IN RESIDENTIAL
NEIGHBORHOODS, AND REFER TO LRC.
Dept: Council Office
Date: April 16, 2007
MCC Date: April 16, 2007
Synopsis of Previous Council Action:
None.
. Reconunended motion:
Refer matter to the Legislative Review Committee.
W
Contact person: Henry Emoeiio. If.. Sf. Doouty City Attomev
Phone:
5355
Supporting data attached: Staff Reoort
FUNDING REQUIREMENTS: Amount:
Source:
Ward:
ALL
Finance:
Council Notes:
Agenda Item No. 30
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STAFF REPORT
Council Meeting Date: April 16, 2007
TO:
FROM:
DATE:
AGENDA ITEM:
Mayor and Common Council
Councilmember Wendy J. McCammack
April 12, 2007
DISCUSSION OF AN INTERIM ORDINANCE OF THE CITY OF SAN
BERNARDINO ESTABLISHING A TEMPORARY MORATORIUM ON
THE ESTABLISHMENT AND OPERATION OF NEW RESIDENTIAL
CARE OR CONGREGATE CARE FACILITIES WITH SEVEN OR
MORE BEDS IN RESIDENTIAL NEIGHBORHOODS, AND REFER TO
LRC.
Pending in the City of San Bernardino and surrounding .areas are an unknown
number of proposals to convert existing apartment units located in residential
neighborhoods into large residential care or congregate care facilities with seven or
more beds. The establishment of these large residential care or congregate care
facilities have often caused adverse effects to local residential neighborhoods such as
the depreciation of property values and increased loitering, littering, noise, trespassing,
traffic, parking, crime, drug dealing and usage, and property maintenance problems.
Government Code Section 65858 allows a city, without following procedures
otherwise required prior to the adoption of zoning ordinances, to enact urgency interim
ordinances that prohibit any uses that may be in conflict with a contemplated zoning
proposal that the city is considering or intends to study within a reasonable time, if
there is a current and immediate threat to the public health, safety or welfare.
We recommend that the Mayor and Council refer this matter to the Legislative
Review Committee to consider an urgency interim ordinance which establishes a
temporary moratorium on the establishment and operation of new residential care or
congregate care facilities with seven or more beds in residential neighborhoods in the
City of San Bernardino.
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