HomeMy WebLinkAbout27-City Attorney ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN Subject: AN URGENCY ORDINANCE
City Attorney EXTENDING A TEMPORARY MORATORIUM
AND A NON-URGENCY REGULAR
Dept: CITY ATTORNEY ORDINANCE ESTABLISHING A TEMPORARY
MORATORIUM ON THE ESTABLISHMENT
Date: September 12, 2007 AND OPERATION O F NEW
PAROLEE/PROBATIONER GROUP HOMES,
REGISTERED SEX OFFENDER GROUP HOMES
AND UNLICENSED GROUP HOMES.
MCC Date: September 17,2007
Synopsis of Previous Council Action:
August 6,2007- Mayor and Common Council unanimously adopted MC-1253, an Urgency Interim
Ordinance of the City of San Bernardino Establishing a Temporary Moratorium on
the Establishment and Operation of New Parolee/Probationer Group Homes,
Registered Sex Offender Group Homes and Unlicensed Group Homes, Declaring
the Urgency Thereof, and Taking Effect Immediately.
August 20,2007- Mayor and Council considered an Ordinance adding Section 19.06.070 to the San
Bernardino Municipal Code(Development Code)and Prohibiting the Establishment
and Operation of New Parolee/Probationer Group Homes and Unlicensed Group
Homes, and continued this matter to a workshop at a date and time to be
determined.
Recommended motions:
A. That said Urgency Ordinance be adopted.
B. That said non-urgency Ordinance be laid over for final adoption.
James F. Penman,City AttonWy
Contact person: Henry Emneiio Jr Sr Deputy City Attorney Phone: 5255
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount:
Source:
Council Notes:
Finance:
( n y/7-r7
z
Agenda Item No._
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STAFF REPORT
Council Meeting Date: September 17, 2007
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: September 12, 2007
AGENDA ITEM: AN URGENCY ORDINANCE EXTENDING A TEMPORARY
MORATORIUM AND A NON-URGENCY REGULAR
ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM
ON THE ESTABLISHMENT AND OPERATION OF NEW
PAROLEE/PROBATIONER GROUP HOMES,REGISTERED SEX
OFFENDER GROUP HOMES AND UNLICENSED GROUP
HOMES.
On August 6, 2007,the Mayor and Common Council unanimously adopted Ordinance No.
MC-1253,"An Urgency Interim Ordinance of the City of San Bernardino Establishing a Temporary
Moratorium on the Establishment and Operation of New Parolee/Probationer Group Homes,
Registered Sex Offender Group Homes and Unlicensed Group Homes, Declaring the Urgency
Thereof, and Taking Effect Immediately." Ordinance No. MC-1253 expires 45 days after the date
of adoption,which will occur on September 20, 2007, unless extended by action of the Mayor and
Council. Ordinance No. MC-1253 was adopted by the Mayor and Council based on documentary
evidence and testimony presented at the Council meeting regarding the over-proliferation of
registered sex offenders and parolees living within the City; the increasing numbers of
parolee/probationer group homes,registered sex offender group homes,and other State licensed and
unlicensed group homes located in the City's single family residential neighborhoods; and growing
concern expressed by City residents regarding the significant adverse impacts caused by these uses
on the surrounding residential neighborhoods. Ordinance No.MC-1253 and the Request for Council
Action, Staff Report,and other documents and public testimony previously submitted to the Mayor
and Council in support of said Ordinance are hereby incorporated within this Staff Report by this
reference.
After Ordinance No. MC-1253 was adopted, City officials have continued to study and
discuss appropriate regulations to address the over-proliferation of registered sex offenders and
parolees living within the City; the increasing numbers of registered sex offender group homes,
parolee/probationer group homes, and other State licensed and unlicensed group homes; and the
significant adverse impacts caused by these uses on the surrounding residential neighborhoods.
These matters were discussed at the Legislative Review Committee meeting on August 7,2007 and
again at the Council Meeting on August 20, 2007. The Mayor attended the League of California
Cities, City Attorneys Department Conference Program presentation in Sacramento on September
7, 2007, entitled"Transitional Housing/Group Home Complaint Investigations"by Greg Priamos,
City Attorney for Riverside, which was patterned after San Bernardino's successful closures of
illegal parolee housing in 2002. On August 9 and 16,2007,the City Attorney's Office coordinated
inspections with Police,Fire,and Code Enforcement at two Parolee/Registered Sex Offender group
homes located at 1331 and 1337 West King Street. Criminal charges were issued for Municipal
- 1 -
F:\EMPENO\Ordinances\GroupHomes.StaffReport-Extension Urgency Ordinance-9-17-07.wpd
Staff Report
Council Meeting Date: September 17, 2007
Agenda Item: AN URGENCY ORDINANCE EXTENDING A TEMPORARY
MORATORIUM AND A NON-URGENCY REGULAR ORDINANCE
ESTABLISHING A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT AND OPERATION OF NEW PAROLEE/PROBATIONER
GROUP HOMES, REGISTERED SEX OFFENDER GROUP HOMES AND
UNLICENSED GROUP HOMES.
September 12, 2007
Code violations and a partial closure was effected.
The Police Department is currently working on a comprehensive list of the locations of the
residences of all parolees living within the City. The City Manager is currently working on setting
a Council meeting workshop with a neutral moderator to discuss parolee housing issues. The
Development Services Department is waiting for direction from the Mayor and Council before
setting a Planning Commission public hearing to discuss these matters.
Because Ordinance No. MC-1253 expires on September 20, 2007, the attached Urgency
Ordinance proposes to extend the current temporary moratorium for 10 months and 15 days, so that
City officials will have additional time to discuss, process and adopt permanent ordinances
regulating these uses. Other than its effective dates,the attached Urgency Ordinance is identical in
substance to Ordinance No. MC-1253.
A second, non-urgency regular Ordinance, virtually identical to the proposed Urgency
Ordinance,is also attached to this Staff Report,which will establish the same temporary moratorium
for 10 months and 15 days. The League of California Cities, in its California Municipal Law
Handbook,recommends in its"Practice Tips"that a city adopt an identical"back up"ordinance,by
way of the usual procedure(two readings), when an urgency ordinance is proposed for adoption, a
practice which our City Attorney's Office has recommended with previous urgency ordinances
adopted by the Mayor and Council. This proposed Urgency Ordinance and non-urgency regular
Ordinance can be amended or terminated by action of the Mayor and Council at any time.
Recommended Motions: A. That said Urgency Ordinance be adopted.
B. That said non-urgency Ordinance be laid over for final
adoption.
-2 -
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1 ORDINANCE NO.
2
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING A
3 TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW
PAROLEE/PROBATIONER GROUP HOMES,REGISTERED SEX OFFENDER GROUP
4 HOMES AND UNLICENSED GROUP HOMES.
5 The Mayor and Common Council of the City of San Bernardino do ordain as follows:
6 WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with
7 the power to make and enforce all laws and regulations with respect to municipal affairs,subject only
8 to the restrictions and limitations provided in the Charter or by State law; and
9 WHEREAS on November 1,2005, the Mayor and Common Council adopted a revised and
10 updated General Plan. The General Plan provides a vision for our City's future which includes,
11 among other requirements, the use and development of land which ensures the safety of our streets
12 and neighborhoods,and the compatibility between land uses,and provides for a coordinated law and
13 code enforcement presence so that our residents will be safe in their homes, places of business,
14 schools, and neighborhoods (General Plan,pages 1-21&22); and
15 WHEREAS, the City has received evidence of increasing numbers of group homes that are
16 transient in nature and operate more like institutional and commercial boarding house uses than as
17 single family homes. Uses such as homes for parolees and probationers, registered sex offenders,
18 and transients,group homes,and other similar uses are operating as businesses in residentially zoned
19 areas of the City; and
20 WHEREAS, citizens of the City have expressed significant concerns regarding the adverse
21 impacts that an over-proliferation ofparolee/probationer group homes,registered sex offender group
22 homes, and state licensed and unlicensed group homes has on the surrounding residential
23 neighborhoods,including,but not limited to,impacts on traffic and parking,excessive delivery times
24 and durations, the commercial use of public property, commercial and/or institutional services
25 offered in private residences,more frequent trash collection, daily arrival of staff who live off-site,
26 second-hand smoke, possession and use of illegal drugs, loitering, trespassing, trash, debris,
27 unmaintained landscaping, depreciation of property values, and nuisance behavior such as noise,
28
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1
I litter, loud and offensive language, and public drunkenness; and
2 WHEREAS, according to the California Attorney General's website on Megan's Law
3 (www.meganslaw.ca.gov),as of September 12,2007,there were 516 registered sex offenders living
4 within the City and County islands located within the City's borders, which number is
5 disproportionate and at a much higher percentage of the total number of registered sex offenders
6 living in San Bernardino County when compared to the percentage of the City's population to the
7 County's total population; and
8 WHEREAS, according to the California Department of Corrections, as of June 27, 2007,
9 there were 1,714 parolees living within the City; and
10 WHEREAS, on August 6, 2007, the Mayor and Common Council unanimously adopted
11 Ordinance No. MC-1253, "An Urgency Interim Ordinance of the City of San Bernardino
12 Establishing a Temporary Moratorium on the Establishment and Operation of New
13 Parolee/Probationer Group Homes,Registered Sex Offender Group Homes and Unlicensed Group
14 Homes,Declaring the Urgency Thereof,and Taking Effect Immediately." Ordinance No.MC-1253
i
15 and the Request for Council Action, Staff Report, and other documents and public testimony
16 previously submitted to the Mayor and Council in support of said Ordinance are hereby incorporated
17 herein by reference.
18 WHEREAS, Ordinance No.MC-1253 expires 45 days after the date of adoption,which will
19 occur on September 20, 2007, unless extended by action of the Mayor and Council.
20 WHEREAS, significant concerns have been raised by the community regarding the over-
21 proliferation of registered sex offenders and parolees living within the City; and
22 WHEREAS, the City requires additional time to study and determine the actual adverse
23 impacts of parolee/probationer, registered sex offender, and State licensed and unlicensed group
24 homes now permitted in residentially zoned areas of the City. The City also requires additional time
25 to study and determine appropriate uses in residentially zoned areas,to reduce adverse impacts while
26 complying with federal and state laws protecting the disabled,and to specify appropriate permitting
27 conditions, requirements, and procedures and desired levels of discretionary review; and
28
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2
I WHEREAS, the Mayor and Common Council requires additional time to receive public
2 comment prior to enacting any permanent regulatory ordinances; and
3 WHEREAS,the Mayor and Common Council hereby specifically finds as follows:
4 Section 1. Findings.
5 a. The above recitals are true and correct and incorporated herein by this reference.
6 b. The owners or operators ofparolee/probationer group homes,registered sex offender
7 group homes,or unlicensed group homes are likely to commence operations of such uses before the
8 studies are completed and appropriate regulations and safeguards are adopted, thereby adversely
9 impacting the peace, health, safety, and welfare of the community; and
10 C. Parolee/probationer group homes,registered sex offender group homes,or unlicensed
11 group homes may be established in areas that would be inconsistent with the surrounding uses or
12 with the character of a residential neighborhood and would be immediately detrimental to the public
13 peace, health, safety and welfare of the community; and
14 d. If new parolee/probationer group homes, registered sex offender group homes, or
15 unlicensed group homes are established, such uses could conflict with, and defeat the purpose of,
16 the proposal to study and adopt new regulations regarding these uses; and
17 NOW THEREFORE,THE MAYOR AND COMMON COUNCIL OF THE CITY OF
18 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
19 Section 2. Imposition of Moratorium.
20 A. Notwithstanding any conflicting provision(s)in any other section of the San Bernardino
21 Municipal Code,including the Development Code,no new parolee/probationer group home,registered
22 sex offender group home, or unlicensed group home shall be established or operated; and no
23 Conditional Use Permit, Development Permit, Building Permit, Certificate of Occupancy or Zoning
24 Verification Review(also referred to as"Zoning Consistency Review") shall be issued or granted for
25 the establishment or operation of a new parolee/probationer group home,registered sex offender group
26 home, or unlicensed group home, or similar use.
27 B. As used in this Ordinance, the following definitions apply:
28 1. 'Parolee/probationer group home" shall mean any single family residential structure
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3
I or unit,whether owned and/or operated by an individual or a for-profit or non-profit entity,that houses
2 two or more parolees/probationers, unrelated by blood, marriage, or adoption, in exchange for
3 monetary or non-monetary consideration given and/or paid by the parolee/probationer and/or any
4 public or private entity or person on behalf of the parolee/probationer.
5 2. A "parolee/probationer" includes:
6 a. Any individual who has been convicted of a Federal crime and sentenced to a
7 term of supervised probation or sentenced to a term of imprisonment in Federal prison, and granted
8 conditional and revocable release into the community under the supervision of a Federal parole officer.
9 b. Any individual who has been convicted of a State crime and sentenced to a term
10 of supervised probation or sentenced to a term of imprisonment in county jail or in a State prison and
11 who is serving a period of supervised community custody,as defined in Penal Code Section 3000,and
12 is under the jurisdiction of the California Department of Corrections,Parole and Community Services
13 Division.
14 C. An adult or juvenile sentenced to a term in the California Youth Authority and
15 who has received conditional and revocable release into the community under the supervision of a
16 Youth Authority Parole Officer.
17 3. "Registered sex offender group home"shall mean any single family residential structure
18 or unit,whether owned and/or operated by an individual or a for-profit or non-profit entity,that houses
19 two or more registered sex offenders, unrelated by blood, marriage, or adoption, in exchange for
20 monetary or non-monetary consideration given or paid by the registered sex offender or any public or
21 private entity or person on behalf of the registered sex offender.
22 4. A "registered sex offender" shall mean any person required to register pursuant to
23 California Penal Code Section 290.
24 5. "Licensed group home" shall mean any State licensed residential facility that is
25 maintained and operated to provide non-medical residential care, day treatment, or foster agency
26 services for six or fewer adults, children, or adults and children, and which is required by State law
27 to be treated as a single family residence or single family dwelling unit for zoning purposes.
28 6. "Unlicensed group home" shall mean any residential structure or unit,whether owned
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4
I and/or operated by an individual or a for-profit or non-profit entity, that is not licensed by the State,
2 that is maintained and operated to provide non-medical residential care,day treatment,or foster agency
3 services for six or fewer adults,children,or adults and children,and which is not required by State law
4 to be treated as a single family residence or single family dwelling unit for zoning purposes.
5 Section 3: Reasonable Accommodation.
6 In compliance with the Federal Fair Housing Act(42 U.S.C. §§ 3600 et seq.), the Americans
7 with Disabilities Act(42 U.S.C. §§ 12101 et seq.), and the Employment and Housing Act(Gov. Code
8 §§ 12900 et seq.),it is the City's policy to provide reasonable accommodation in the application of this
9 Ordinance to any person with a disability who seeks fair access to housing. "Disability"shall have the
10 same meaning as the terms "disability" and "handicapped" in the Fair Housing Act.
11 A. An application for reasonable accommodation in the application of this Ordinance shall
12 be made to the City Planner/Deputy Director of Development Services, and shall include:
13 1. The provision of this Ordinance from which accommodation is being
14 requested;
15 2. The basis for the claim that the individuals affected are considered disabled
16 under the Fair Housing Laws, and why the accommodation is necessary to provide equal opportunity
17 for housing and to make the specific housing available to the individuals; and
18 3. Any other information the City Planner/Deputy Director of Development
19 Services reasonably determines is necessary.
20 B. In making a determination regarding the reasonableness of the requested
21 accommodation, the following factors shall be considered:
22 1. Special need created by the disability;
23 2. Potential benefit that can be accomplished by the requested accommodation;
24 3. Potential impact on, and compatibility with, other property in the vicinity;
25 4. Physical attributes of the property and structures;
26 5. Alternative accommodations that may provide an equivalent level of benefit;
27 6. Whether the requested accommodation would impose an undue financial or
28 administrative burden on the City;
FAEMPENO\Ordinances\GroupHomes.Extension Non-Urgency Ordinance.wpd
5
1 7. Whether the requested accommodation would require a fundamental alteration
2 in the nature of a City program; and
3 8. Whether granting the request would be consistent with the City's General Plan.
4 C. Any request for reasonable accommodation from the provisions of this Ordinance shall
5 be reviewed and considered by the Planning Commission at a noticed public hearing and may be
6 approved, conditionally approved, or denied by the Planning Commission.
7 Section 4: This Ordinance is based upon the recitals and findings set forth above, and the
8 accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the
9 authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution,
10 and Section 40(z) of the Charter of the City of San Bernardino.
11 Section 5: This Ordinance shall be of no further force and effect 10 months and 15 days
12 from its date of adoption unless extended by action of the Mayor and Common Council.
13 Section 6: During the effective time period of this Ordinance, the Development Services
14 Department and the Planning Commission are hereby directed to consider and process a permanent
15 ordinance regulating the establishment and operation of parolee/probationer group homes,registered
16 sex offender group homes, unlicensed group homes, and other similar uses in the City of San
17 Bernardino.
18 Section 7: Compliance with the California Environmental Quality Act. The Mayor
19 and Common Council finds that this Ordinance is not subject to the California Environmental Quality
20 Act (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or reasonably
21 foreseeable indirect physical change in the environment) and 15060(c)(3)(the activity is not a project
22 as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14,
23 Chapter 3, because it has no potential for resulting in physical change to the environment, directly or
24 indirectly.
25 Section 8: Severability. If any section,subsection,subdivision,sentence,clause or phrase
26 in this Ordinance or any part thereof is for any reason held to be unconstitutional,invalid or ineffective
27 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of
28 the remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
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6
I declares that it would have adopted each section irrespective of the fact that any one or more
2 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
3 ineffective.
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I AN ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING A
2 TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW
PAROLEE/PROBATIONER GROUP HOMES,REGISTERED SEX OFFENDER GROUP
3 HOMES AND UNLICENSED GROUP HOMES.
4
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5
Council of the City of San Bernardino at a meeting thereof, held on the day of
6
, 2007, by the following vote, to wit:
7
g COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 BAXTER
11 BRINKER
12 DERRY
13 KELLEY
14 JOHNSON
15 MC CAMMACK
16
17
18 Rachel Clark, City Clerk
19 The foregoing Ordinance is hereby approved this day of , 2007.
20
21
PATRICK J. MORRIS, Mayor
22 City of San Bernardino
23
Approved as to form:
24
JAMES F. PENMAN
25 City Attorney
26
27 f fen/r �Mho f�r,
28
PEMPENO\Ordinances\GroupHomes.Extension Non-Urgency Ordinance.wpd
8
1 ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING A
3 TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW
PAROLEE/PROBATIONER GROUP HOMES,REGISTERED SEX OFFENDER GROUP
4 HOMES AND UNLICENSED GROUP HOMES.
5 The Mavor and Common Council of the Citv of San Bernardino do ordain as follows:
6 WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with
7 the power to make and enforce all laws and regulations with respect to municipal affairs,subject only
8 to the restrictions and limitations provided in the Charter or by State law; and
9 WHEREAS on November 1, 2005, the Mayor and Common Council adopted a revised and
10 updated General Plan. The General Plan provides a vision for our City's future which includes,
11 among other requirements, the use and development of land which ensures the safety of our streets
12 and neighborhoods,and the compatibility between land uses,and provides for a coordinated law and
13 code enforcement presence so that our residents will be safe in their homes, places of business,
AL 14 schools, and neighborhoods (General Plan, pages 1-21&22); and
15 WHEREAS, the City has received evidence of increasing numbers of group homes that are
16 transient in nature and operate more like institutional and commercial boarding house uses than as
17 single family homes. Uses such as homes for parolees and probationers, registered sex offenders,
18 and transients,group homes,and other similar uses are operating as businesses in residentially zoned
19 areas of the City; and
20 WHEREAS, citizens of the City have expressed significant concerns regarding the adverse
21 impacts that an over-proliferation ofparolee/probationer group homes,registered sex offender group
22 homes, and state licensed and unlicensed group homes has on the surrounding residential
23 neighborhoods,including,but not limited to,impacts on traffic and parking,excessive delivery times
24 and durations, the commercial use of public property, commercial and/or institutional services !
25 offered in private residences, more frequent trash collection, daily arrival of staff who live off-site, �!
26 second-hand smoke, possession and use of illegal drugs, loitering, trespassing, trash, debris,
27 unmaintained landscaping, depreciation of property values, and nuisance behavior such as noise,
28 i
FAEMPEN0\Ordinances`,GroupHomes.Extension Non-Urgency Ordinance.wpd
1
I litter, loud and offensive language, and public drunkenness; and
2 WHEREAS, according to the California Attorney General's website on Megan's Law
3 (www.meganslaw.ca.gov),as of September 12,2007,there were 516 registered sex offenders living
4 within the City and County islands located within the City's borders, which number is
5 disproportionate and at a much higher percentage of the total number of registered sex offenders
6 living in San Bernardino County when compared to the percentage of the City's population to the
7 County's total population; and
8 WHEREAS, according to the California Department of Corrections, as of June 27, 2007,
9 there were 1,714 parolees living within the City; and
10 IATHEREAS, on August 6, 2007, the Mayor and Common Council unanimously adopted
I
11 Ordinance No. MC-1253, "An Urgency Interim Ordinance of the City of San Bernardino
12 Establishing a Temporary Moratorium on the Establishment and Operation of New
13 Parolee/Probationer Group Homes, Registered Sex Offender Group Homes and Unlicensed Group
14 Homes,Declaring the Urgency Thereof,and Taking Effect Immediately." Ordinance No.MC-1253
15 and the Request for Council Action, Staff Report, and other documents and public testimony
16 previously submitted to the Mayor and Council in support of said Ordinance are hereby incorporated
17 herein by reference.
18 WHEREAS, Ordinance No.MC-1253 expires 45 days after the date of adoption,which will
19 occur on September 20, 2007, unless extended by action of the Mayor and Council.
20 WHEREAS, significant concerns have been raised by the community regarding the over-
21 proliferation of registered sex offenders and parolees living within the City; and
22 WHEREAS, the City requires additional time to study and determine the actual adverse
23 impacts of parolee/probationer, registered sex offender, and State licensed and unlicensed group
24 homes now permitted in residentially zoned areas of the City. The City also requires additional time
25 to study and determine appropriate uses in residentially zoned areas,to reduce adverse impacts while
26 complying with federal and state laws protecting the disabled, and to specify appropriate permitting
27 conditions, requirements, and procedures and desired levels of discretionary review; and
28
FA EMPENO\Ordinances\Group Homes.Extension Non-Urgency Ordinance.wpd
2
I WHEREAS, the Mayor and Common Council requires additional time to receive public
2 comment prior to enacting any permanent regulatory ordinances-, and
3 WHEREAS, the Mayor and Common Council hereby specifically finds as follows:
4 Section 1. Findings.
5 a. The above recitals are true and correct and incorporated herein by this reference.
6 b. The owners or operators of parolee/probationer group homes,registered sex offender
7 group homes. or unlicensed group homes are likely to commence operations of such uses before the
8 studies are completed and appropriate regulations and safeguards are adopted, thereby adversely
9 impacting the peace, health, safety, and welfare of the community; and
10 C. Parolee/probationer group homes,registered sex offender group homes,or unlicensed
I 1 group homes may be established in areas that would be inconsistent with the surrounding uses or
12 with the character of a residential neighborhood and would be immediately detrimental to the public
13 peace, health, safety and welfare of the community; and
14 d. If new parolee/probationer group homes, registered sex offender group homes, or
15 unlicensed group homes are established, such uses could conflict with, and defeat the purpose of,
16 the proposal to study and adopt new regulations regarding these uses; and
17 NOW THEREFORE,THE MAYOR AND COMMON COUNCIL OF THE CITY OF
18 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
19 Section 2. Imposition of Moratorium.
20 A. Notwithstanding any conflicting provision(s)in any other section of the San Bernardino
21 Municipal Code,including the Development Code,no new parolee/probationer group home,registered
22 sex offender group home, or unlicensed group home shall be established or operated; and no
23 Conditional Use Permit, Development Permit, Building Permit, Certificate of Occupancy or Zoning
24 Verification Review(also referred to as "Zoning Consistency Review") shall be issued or granted for
25 the establishment or operation of a new parolee/probationer group home,registered sex offender group
26 home, or unlicensed group home, or similar use.
27 B. As used in this Ordinance, the following definitions apply:
28 1. "Parolee/probationer group home" shall mean any single family residential structure
FA EMPENO\Ordinances\GroupHornes.Extension Non-Urgency Ordinance.wpd
3
I or unit,whether owned and/or operated by an individual or a for-profit or non-profit entity,that houses
2 two or more parolees/probationers, unrelated by blood, marriage, or adoption, in exchange for
3 monetary or non-monetary consideration given and/or paid by the parolee/probationer and/or any
4 public or private entity or person on behalf of the parolee/probationer.
5 2. A "parolee/probationer" includes:
6 a. Any individual who has been convicted of a Federal crime and sentenced to a
7 term of supervised probation or sentenced to a term of imprisonment in Federal prison, and granted
8 conditional and revocable release into the community under the supervision of a Federal parole officer.
9 b. Any individual who has been convicted of a State crime and sentenced to a term
10 of supervised probation or sentenced to a term of imprisonment in county jail or in a State prison and
11 who is serving a period of supervised community custody, as defined in Penal Code Section 3000,and
12 is under the j urisdiction of the California Department of Corrections, Parole and Community Services
13 Division.
14 C. An adult or juvenile sentenced to a term in the California Youth Authority and
15 who has received conditional and revocable release into the community under the supervision of a
16 Youth Authority Parole Officer.
17 3. 'Registered sex offender group home"shall mean any single family residential structure
18 or unit,whether owned and/or operated by an individual or a for-profit or non-profit entity,that houses
19 two or more registered sex offenders, unrelated by blood, marriage, or adoption, in exchange for
20 monetary or non-monetary consideration given or paid by the registered sex offender or any public or
21 private entity or person on behalf of the registered sex offender.
22 4. A "registered sex offender" shall mean any person required to register pursuant to
23 California Penal Code Section 290.
24 5. "Licensed group home" shall mean any State licensed residential facility that is
25 maintained and operated to provide non-medical residential care, day treatment, or foster agency
26 services for six or fewer adults, children, or adults and children, and which is required by State law
27 to be treated as a single family residence or single family dwelling unit for zoning purposes.
28 6. "Unlicensed group home"shall mean any residential structure or unit, whether owned
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I and/or operated by an individual or a for-profit or non-profit entity, that is not licensed by the State,
2 that is maintained and operated to provide non-medical residential care,day treatment,or foster agency
3 services for six or fewer adults,children,or adults and children, and which is not required by State law
4 to be treated as a single family residence or single family dwelling unit for zoning purposes.
5 Section 3: Reasonable Accommodation.
6 In compliance with the Federal Fair Housing Act(42 U.S.C. §§ 3600 et seq.), the Americans
7 with Disabilities Act(42 U.S.C. §§ 12101 et seq.), and the Employment and Housing Act(Gov. Code
8 §§ 12900 et seq.),it is the City's policy to provide reasonable accommodation in the application of this
9 Ordinance to any person with a disability who seeks fair access to housing. "Disability" shall have the
10 same meaning as the terms "disability" and "handicapped" in the Fair Housing Act.
11 A. An application for reasonable accommodation in the application of this Ordinance shall
12 be made to the City Planner/Deputy Director of Development Services, and shall include:
13 1. The provision of this Ordinance from which accommodation is being
14 requested;
15 2. The basis for the claim that the individuals affected are considered disabled
16 under the Fair Housing Laws, and why the accommodation is necessary to provide equal opportunity
17 for housing and to make the specific housing available to the individuals; and
18 3. Any other information the City Planner/Deputy Director of Development
19 Services reasonably determines is necessary.
20 B. In making a determination regarding the reasonableness of the requested
21 accommodation, the following factors shall be considered:
22 1. Special need created by the disability;
23 2. Potential benefit that can be accomplished by the requested accommodation;
24 3. Potential impact on, and compatibility with, other property in the vicinity;
25 4. Physical attributes of the property and structures;
26 5. Alternative accommodations that may provide an equivalent level of benefit;
27 6. Whether the requested accommodation would impose an undue financial or
28 administrative burden on the City;
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1 7. Whether the requested accommodation would require a fundamental alteration
2 in the nature of a City program; and
3 8. Whether granting the request would be consistent with the City's General Plan.
4 C. Any request for reasonable accommodation from the provisions of this Ordinance shall
5 be reviewed and considered by the Planning Commission at a noticed public hearing and may be
6 approved, conditionally approved, or denied by the Planning Commission.
7 Section 4: This Ordinance is based upon the recitals and findings set forth above, and the
8 accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the
9 authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution,
10 and Section 40(z) of the Charter of the City of San Bernardino.
11 Section 5: This Ordinance shall be of no further force and effect 10 months and 15 days
12 from its date of adoption unless extended by action of the Mayor and Common Council.
13 Section 6: During the effective time period of this Ordinance, the Development Services
14 Department and the Planning Commission are hereby directed to consider and process a permanent
15 ordinance regulating the establishment and operation of parolee/probationer group homes,registered
16 sex offender group homes, unlicensed group homes, and other similar uses in the City of San
17 Bernardino.
18 Section 7: Compliance with the California Environmental Quality Act. The Mayor
19 and Common Council finds that this Ordinance is not subject to the California Environmental Quality
20 Act (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or reasonably
21 foreseeable indirect physical change in the environment)and 15060(c)(3) (the activity is not a project
22 as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14,
23 Chapter 3, because it has no potential for resulting in physical change to the environment, directly or
24 indirectly.
25 Section 8: Severability. If any section,subsection,subdivision,sentence,clause or phrase
26 in this Ordinance or any part thereof is for any reason held to be unconstitutional,invalid or ineffective
27 by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of
28 the remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
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I declares that it would have adopted each section irrespective of the fact that any one or more
2 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING A
2 TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW
PAROLEE/PROBATIONER GROUP HOMES,REGISTERED SEX OFFENDER GROUP
3 HOMES AND UNLICENSED GROUP HOMES.
4
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5
Council of the City of San Bernardino at a meeting thereof; held on the day of
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2007, by the following vote, to wit:
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8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 BAXTER
11 BRINKER
12 DERRY
13 KELLEY
14 JOHNSON
15 MC CAMMACK
16
17
Rachel Clark, City Clerk
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19 The foregoing Ordinance is hereby approved this day of 2007.
20
21
PATRICK J. MORRIS, Mayor
22 City of San Bernardino
23
Approved as to form:
24
JAMES F. PENMAN
25 City Attorney
26 AA�2
27 ff eArr�,?h
,pe28 5r, C)VLt
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