HomeMy WebLinkAboutMC-1256U
Adopted: September 17, 2007
Effective: September 17, 2007
1 ORDINANCE NO. MC-1256
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AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING
3 A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF
NEW PAROLEE/PROBATIONER GROUP HOMES, REGISTERED SEX OFFENDER
4 GROUP HOMES AND UNLICENSED GROUP HOMES, DECLARING THE URGENCY
THEREOF, AND TAKING EFFECT IMMEDIATELY.
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The Mayor and Common Conncil of the City of San Bernardino do ordain as follows:
WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with
the power to make and enforce all laws and regulations with respect to municipal affairs, subject only
to the restrictions and limitations provided in the Charter or by State law; and
WHEREAS, Sections 31 and 121 ofthe City Charter provide for the adoption of an urgency
ordinance for the immediate preservation of the public peace, health, or safety if passed by a two-
third's (2/3) vote of the Council; and
WHEREAS on November 1,2005, the Mayor and Common Council adopted a revised and
updated General Plan. The General Plan provides a vision for our City's future which includes,
among other requirements, the use and development ofland which ensures the safety of our streets
and neighborhoods, and the compatibility between land uses, and provides for a coordinated law and
code enforcement presence so that our residents will be safe in their homes, places of business,
schools, and neighborhoods (General Plan, pages 1-21&22); and
WHEREAS, the City has received evidence of increasing numbers of group homes that are
transient in nature and operate more like institutional and commercial boarding house uses than as
single family homes. Uses such as homes for parolees and probationers, registered sex offenders,
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and transients, group homes, and other similar uses are operating as businesses in residentially zoned
areas of the City; and
WHEREAS, citizens of the City have expressed significant concerns regarding the adverse
impacts that an over-proliferation of parolee/probationer group homes, registered sex offender group
homes, and state licensed and unlicensed group homes has on the surrounding residential
neighborhoods, including, but not limited to, impacts on traffic and parking, excessive delivery times
and durations, the commercial use of public property, commercial and/or institutional services
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MC-1256
1 offered in private residences, more frequent trash collection, daily arrival of staff who live off-site,
2 second-hand smoke, possession and use of illegal drugs, loitering, trespassing, trash, debris,
3 unmaintained landscaping, depreciation of property values, and nuisance behavior such as noise,
4 litter, loud and offensive language, and public drunkenness; and
5 WHEREAS, according to the California Attorney General's website on Megan's Law
6 (www.meganslaw.ca.gov).as of September 12, 2007, there were 516 registered sex offenders living
7 within the City and County islands located within the City's borders, which number is
8 disproportionate and at a much higher percentage of the total number of registered sex offenders
9 living in San Bernardino County when compared to the percentage of the City's population to the
10 County's total population; and
II WHEREAS, according to the California Department of Corrections, as of June 27, 2007,
12 there were 1,714 parolees living within the City; and
13 WHEREAS, on August 6, 2007, the Mayor and Common Council unanimously adopted
14 Ordinance No. MC-1253, "An Urgency Interim Ordinance of the City of San Bernardino
15 Establishing a Temporary Moratorium on the Establishment and Operation of New
16 ParoleelProbationer Group Homes, Registered Sex Offender Group Homes and Unlicensed Group
17 Homes, Declaring the Urgency Thereof, and Taking Effect Immediately." Ordinance No. MC-1253
18 and the Request for Council Action, Staff Report, and other documents and public testimony
19 reviously submitted to the Mayor and Council in support of said Ordinance are hereby incorporated
20 herein by reference.
21 WHEREAS, Ordinance No. MC-1253 expires 45 days after the date of ad option, which will
22 occur on September 20,2007, unless extended by action ofthe Mayor and Council.
23 WHEREAS, significant concerns have been raised by the community regarding the over-
24 roliferation of registered sex offenders and parolees living within the City; and
25 WHEREAS, the City requires additional time to study and determine the actual adverse
26 impacts of parolee/probationer, registered sex offender, and State licensed and unlicensed group
27 homes now permitted in residentially zoned areas of the City. The City also requires additional time
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1 to study and determine appropriate uses in residentially zoned areas, to reduce adverse impacts while
2 complying with federal and state laws protecting the disabled, and to specify appropriate permitting
3 conditions, requirements, and procedures and desired levels of discretionary review; and
4 WHEREAS, the Mayor and Common Council requires additional time to receive public
5 comment prior to enacting any permanent regulatory ordinances; and
6 WHEREAS, the Mayor and Common Council hereby specifically finds as follows:
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Section 1.
Findings.
a.
The above recitals are true and correct and incorporated herein by this reference.
The owners or operators of parolee/probationer group homes, registered sex offender
b.
10 group homes, or unlicensed group homes are likely to commence operations of such uses before the
11 studies are completed and appropriate regulations and safeguards are adopted, thereby adversely
12 impacting the peace, health, safety, and welfare of the community; and
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c.
Parolee/probationer group homes, registered sex offender group homes, or unlicensed
14 group homes may be established in areas that would be inconsistent with the surrounding uses or
15 with the character ofa residential neighborhood and would be immediately detrimental to the public
16 eace, health, safety and welfare of the community; and
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d.
If new parolee/probationer group homes, registered sex offender group homes, or
18 unlicensed group homes are established, such uses could conflict with, and defeat the purpose of,
19 the proposal to study and adopt new regulations regarding these uses; and
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e.
In accordance with City Charter Sections 31 and 121, based on the recitals and
21 findings referenced above, the Mayor and Common Council hereby finds that this urgency ordinance
22 is necessary for the immediate preservation ofthe public peace, health, or safety.
23 NOW THEREFORE, THE MA YORAND COMMON COUNCIL OFTHE CITY OF
24 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
25 Section 2. Imposition of Moratorium.
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A.
Notwithstanding any conflicting provision( s) in any other section of the San Bernardino
27 Municipal Code, including the Development Code, no new parolee/probationer group home, registered
28 sex offender group home, or unlicensed group home shall be established or operated; and no
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1 Conditional Use Permit, Development Permit, Building Permit, Certificate of Occupancy or Zoning
2 Verification Review (also referred to as "Zoning Consistency Review") shall be issued or granted for
3 the establishment or operation of a new parolee/probationer group home, registered sex offender group
4 home, or unlicensed group home, or similar use.
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B.
1.
As used in this Ordinance, the following definitions apply:
"Parolee/probationer group home" shall mean any single family residential structure
7 or unit, whether owned and/or operated by an individual or a for-profit or non-profit entity, that houses
8 two or more parolees/probationers, unrelated by blood, marriage, or adoption, in exchange for
9 monetary or non-monetary consideration given and/or paid by the parolee/probationer and/or any
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ublic or private entity or person on behalf of the parolee/probationer.
2. A "parolee/probationer" includes:
a.
Any individual who has been convicted of a Federal crime and sentenced to a
13 term of supervised probation or sentenced to a term of imprisonment in Federal prison, and granted
14 conditional and revocable release into the community under the supervision of a Federal parole officer.
15 b. Any individual who has been convicted of a State crime and sentenced to a term
16 of supervised probation or sentenced to a term of imprisonment in county jailor in a State prison and
17 who is serving a period of supervised community custody, as defined in Penal Code Section 3000, and
18 is under the jurisdiction of the California Department of Corrections, Parole and Community Services
19 Division.
20 c. An adult or juvenile sentenced to a term in the California Youth Authority and
21 who has received conditional and revocable release into the community under the supervision of a
22 Youth Authority Parole Officer.
23 3. "Registered sex offender group home" shall mean any single family residential structure
24 or unit, whether owned and/or operated by an individual or a for-profit or non-profit entity, that houses
25 two or more registered sex offenders, unrelated by blood, marriage, or adoption, in exchange for
26 monetary or non-monetary consideration given or paid by the registered sex offender or any public or
27 private entity or person on behalf of the registered sex offender.
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4.
A "registered sex offender" shall mean any person required to register pursuant to
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I California Penal Code Section 290.
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5.
"Licensed group home" shall mean any State licensed residential facility that is
3 maintained and operated to provide non-medical residential care, day treatment, or foster agency
4 services for six or fewer adults, children, or adults and children, and which is required by State law
5 to be treated as a single family residence or single family dwelling unit for zoning purposes.
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6.
"Unlicensed group home" shall mean any residential structure or unit, whether owned
7 and/or operated by an individual or a for-profit or non-profit entity, that is not licensed by the State,
8 that is maintained and operated to provide non-medical residential care, day treatment, or foster agency
9 services for six or fewer adults, children, or adults and children, and which is not required by State law
10 to be treated as a single family residence or single family dwelling unit for zoning purposes.
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Section 3:
Reasonable Accommodation.
12 In compliance with the Federal Fair Housing Act (42 U.S.c. SS 3600 et seq.), the Americans
13 with Disabilities Act (42 U.S.C. SS 12101 et seq.), and the Employment and Housing Act (Gov. Code
14 SS 12900 et seq.), it is the City's policy to provide reasonable accommodation in the application of this
15 Ordinance to any person with a disability who seeks fair access to housing. "Disability" shall have the
16 same meaning as the terms "disability" and "handicapped" in the Fair Housing Act.
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A.
An application for reasonable accommodation in the application of this Ordinance shall
18 be made to the City Planner/Deputy Director of Development Services, and shall include:
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The provision of this Ordinance from which accommodation IS being
requested;
The basis for the claim that the individuals affected are considered disabled
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22 under the Fair Housing Laws, and why the accommodation is necessary to provide equal opportunity
23 for housing and to make the specific housing available to the individuals; and
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3.
Any other information the City Planner/Deputy Director of Development
25 Services reasonably determines is necessary.
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B.
In making a determination regarding the reasonableness of the requested
27 accommodation, the following factors shall be considered:
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1.
Special need created by the disability;
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I 2.
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Potential benefit that can be accomplished by the requested accommodation;
Potential impact on, and compatibility with, other property in the vicinity;
Physical attributes of the property and structures;
Alternative accommodations that may provide an equivalent level of benefit;
Whether the requested accommodation would impose an undue financial or
6 administrative burden on the City;
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Whether the requested accommodation would require a fundamental alteration
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c.
Whether granting the request would be consistent with the City's General Plan.
8.
Any request for reasonable accommodation from the provisions ofthis Ordinance shall
II be reviewed and considered by the Planning Commission at a noticed public hearing and may be
12 approved, conditionally approved, or denied by the Planning Commission.
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Section 4:
This Ordinance is based upon the recitals and findings set forth above, and the
14 accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the
IS authority granted to the City of San Bernardino in Article II, Section 7 of the California Constitution,
16 and Sections 31, 40(z), and 121 of the Charter of the City of San Bernardino.
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Section 5:
Pursuant to Sections 31 and 121 of the Charter of the City of San Bernardino,
18 this Ordinance shall take effect immediately. This Ordinance shall be of no further force and effect
19 10 months and 15 days from its date of adoption unless extended by action of the Mayor and Common
20 Council.
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Section 6:
During the effective time period of this Ordinance, the Development Services
22 Department and the Planning Commission are hereby directed to consider and process a permanent
23 ordinance regulating the establishment and operation of parolee/probationer group homes, registered
24 sex offender group homes, unlicensed group homes, and other similar uses in the City of San
25 Bernardino.
26 Section 7: Compliance with the California Environmental Quality Act. The Mayor
27 and Common Council finds that this Ordinance is not subject to the California Environmental Quality
28 Act (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or reasonably
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1 foreseeable indirect physical change in the environment) and l5060( c )(3) (the activity is not a project
2 as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14,
3 Chapter 3, because it has no potential for resulting in physical change to the environment, directly or
4 indirectly.
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Section 8:
Severability. If any section, subsection, subdivision, sentence, clause or phrase
6 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective
7 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of
8 the remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
9 declares that it would have adopted each section irrespective of the fact that anyone or more
10 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
11 ineffective.
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KC-1256
1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING
2 A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF
NEW PAROLEE/PROBATIONER GROUP HOMES, REGISTERED SEX OFFENDER
3 GROUP HOMES AND UNLICENSED GROUP HOMES, DECLARING THE URGENCY
THEREOF, AND TAKING EFFECT IMMEDIATELY.
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5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
6 Council oftbe City of San Bernardino at a it. reg.
meeting thereof, held on the 1 7tlday of
7 Se tember
,2007, by the following vote, to wit:
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COUNCIL MEMBERS:
9
ESTRADA
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BAXTER
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BRINKER
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DERRY
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KELLEY
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JOHNSON
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MC CAMMACK
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ABSTAIN ABSENT
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~ I.:J. ~
RacR Clark, City Clerk
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The foregoing Ordinance is hereby approved this K day of September
,2007.
CKJ. M ,yor
San Bernardino
24 Approved as to form:
25 JAMES F. PENMAN
City Attorney
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27 ~j7J
28 Sr. '-if'u; % Alf'DT'l/tj
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