HomeMy WebLinkAbout30-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL` NAkN A L
From: JAMES F.PENMAN Subject: An Ordinance of the City of San Bernardino Amending
City Attorney the San Bernardino Municipal Code(Development Code),to allow
Group Homes and Residential Care Facilities for Parolees in non-
Dept: CITY ATTORNEY residential and non-commercial land use districts subject to a
Conditional Use Permit. The CH (Commercial Heavy) Land Use
Date: November 16,2007 Districts may also be considered to allow Parolee Group Homes and
Residential Care Facilities subject to a Conditional Use Permit.
MCC Date: November 19,2007
Synopsis of Previous Council Action:
8/6/07 - Mayor and Council unanimously adopted MC-1253, an Urgency Interim Ordinance of the City of San
Bernardino Establishing a Temporary Moratorium on the Establishment and Operation ofNew Parolee/Probationer Group
Homes, Registered Sex Offender Group Homes and Unlicensed Group Homes, Declaring the Urgency Thereof, and
Taking Effect Immediately.
8/20/07-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.
9/17/07 - Mayor and Council adopted MC-1256, an Urgency Ordinance of the City of San Bernardino Extending 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.
10/1/07 - Mayor and Council adopted MC-1257, a non-urgency regular 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.
Recommended motion:
Direct the Development Services Department to initiate a proposed Development Code Amendment allowing Parolee
Group Homes and Residential Care Facilities in non-residential and non-commercial land use districts subject to a
Conditional Use Permit. The CH(Commercial Heavy)Land Use Districts may also be considered to allow Parolee Group
Homes and Residential Care Facilities subject to a Conditional Use ermit.
es F.Penman, City Attorney
Contact person: Henry Empeiio Jr. Sr. Deputy City Attorney Phone: 5255
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount:
Source: Finance:
Council Notes:
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L) Agenda Item No
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STAFF REPORT
Council Meeting Date: November 19, 2007
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: November 16, 2007
AGENDA ITEM: An Ordinance of the City of San Bernardino Amending the San
Bernardino Municipal Code(Development Code),to allow Group Homes
and Residential Care Facilities for Parolees in non-residential and non-
commercial land use districts subject to a Conditional Use Permit. The
CH (Commercial Heavy) Land Use Districts may also be considered to
allow Parolee Group Homes and Residential Care Facilities subject to a
Conditional Use Permit.
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 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.
On September 17 and October 1,2007,the Mayor and Council adopted MC-1256 and MC-
1257, an Urgency Ordinance and a non-urgency regular Ordinance which extended the temporary
moratorium on the establishment and operation ofnew parolee/probationer group homes,registered
sex offender group homes and unlicensed group homes for an additional 10 months and 15 days.
Initiation of the proposed Development Code Amendment will require the Development
Services Department to begin researching and drafting Development Code ordinances which will
set the development standards and locational criteria to allow parolee group homes(housing up to
six parolees) and residential care facilities (housing more than six parolees)in non-residential and
non-commercial land use districts subject to a Conditional Use Permit. This Development Code
Amendment may also consider allowing these parolee group homes and residential care facilities in
the CH(Commercial Heavy)Land Use Districts subject to a Conditional Use Permit. Other cities'
zoning ordinances, to avoid over-concentration, have required new parolee group homes to be
located up to 5,000 feet away from other parolee group homes. These other cities' ordinances have
also required new parolee group homes to be located up to 1,000 feet away from certain uses such
as any public or private school (pre-school through twelfth grade), university, college, student
housing, senior housing, child care facility, public park or recreation facility, video arcade,
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FAEMPENO\Ordinances\Parolee Staff Report#2 11-19-07.wpd
Staff Report
Council Meeting Date: November 19, 2007
Agenda Item: An Ordinance of the City of San Bernardino Amending the San Bernardino
Municipal Code (Development Code), to allow Group Homes and Residential
Care Facilities for Parolees in non-residential and non-commercial land use
districts subject to a Conditional Use Permit. The CH (Commercial Heavy) Land
Use Districts may also be considered to allow Parolee Group Homes and
Residential Care Facilities subject to a Conditional Use Permit.
amusement center, church, hospital, youth facility, or business licensed for on or off-site sales of
alcoholic beverages.
The Mayor and Council's adoption of the motion to initiate this Development Code
Amendment will start the process for the Planning Commission, at a noticed public hearing, to
consider and make a recommendation regarding the proposed ordinance. Afterwards,the Mayor and
Council will consider the proposed ordinance and the Planning Commission's recommendations at
a noticed public hearing at a subsequent Council meeting.
Recommended Motion: Direct the Development Services Department to initiate a proposed
Development Code Amendment allowing Parolee Group Homes and
Residential Care Facilities in non-residential and non-commercial
land use districts subject to a Conditional Use Permit. The CH
(Commercial Heavy) Land Use Districts may also be considered to
allow Parolee Group Homes and Residential Care Facilities subject
to a Conditional Use Permit.
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FAEMPENO\Ordinances\Parolee Staff Report#2 11-19-07.wpd