HomeMy WebLinkAboutMC-1277U
Adopted: July 21. 2008
Effective: July 21, 2008
1 ORDINANCE NO. Me-l277
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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 Council ofthe 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 of the City Charter providefor the adoption of an urgency
ordinance for the immediate preservation of the public peace, health, or safety if passed by a two-
hird'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
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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
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areas ofthe City; and
WHEREAS, citizens ofthe City have expressed significant concerns regarding the adverse
impacts that an over-proliferation of parolee/probationer group homes, registered sex offender group
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homes, and state licensed and unlicensed group homes has on the surrounding residential
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neighborhoods, including, but not limited to, impacts on traffic and parking, excessive delivery times
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and durations, the commercial use of public property, commercial and/or institutional services
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Me-1277
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 Califoruia Attorney General's website on Megan's Law
6 (www.meganslaw.ca.gov).as ofJuly 16, 2008, there were 459 registered sex offenders living within
7 the City and County islands located within the City's borders, which number is disproportionate and
8 at a much higher percentage of the total number of registered sex offenders living in San Bernardino
9 County when compared to the percentage of the City's population to the County's total population;
10 and
11 WHEREAS, according to the San Bernardino Police Department, as of June 30, 2008, there
12 ere 1,815 parolees living within the City; and
13 WHEREAS, siguificant concerns have been raised by residents in the commuuityregarding
14 he over-proliferation of registered sex offenders and parolees living within the City; and
15 WHEREAS, on August 6, 2007, the Mayor and Common Council unanimously adopted
16 Ordinance No. MC-1253, "An Urgency Interim Ordinance of the City of San Bernardino
17 Establishing a Temporary Moratorium on the Establishment and Operation of New
18 aroleelProbationer Group Homes, Registered Sex Offender Group Homes and Unlicensed Group
19 omes, Declaring the Urgency Thereof, and Taking Effect Innnediately." Ordinance No. MC-1253
20 and the Request for Council Action, Staff Report, and other documents and public testimony
21 reviously submitted to the Mayor and Council in support of said Ordinance are hereby incorporated
22 erein by reference.
23 WHEREAS, on September 17 and October 1, 2007, the Mayor and Common Council
24 adopted Ordinance Nos. MC-1256 and MC-1257, respectively, an urgency ordinance and a non-
25 urgency regular ordinance, which extended the temporary moratorium by 10 months and 15 days.
26 Ordinance Nos. MC-1256 and MC-1257, and the Request for Council Action, Staff Report, and
27 other documents and public testimony previously submitted to the Mayor and Council in support of
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1 these two ordinances are hereby incorporated herein by reference.
2 WHEREAS, Ordinance No. MC-1256 expires 10 months and 15 days after the date of
3 adoption, which will occur on August 1,2008, unless extended by action of the Mayor and Council.
4 WHEREAS, the Mayor has appointed Superior Court Judge Tara Reilly, Councilmembers
5 Wendy McCanunack, Rikke Van Jolmson, and Tobin Brinker, and the Mayor to a Parolee Reentry
6 d Hoc Committee for the purpose of discussing how to control and improve services for parolees
7 and probationers.
8 WHEREAS, the City requires additional time to study and determine the actual adverse
9 impacts of parolee/probationer, registered sex offender, and State licensed and unlicensed group
10 omes now permitted in residentially zoned areas of the City. The City also requires additional time
11 0 study and determine appropriate uses in residentially zoned areas, to reduce adverse impacts while
12 complying with federal and state laws protecting the disabled, and to specifY appropriate permitting
13 conditions, requirements, and procedures and desired levels of discretionary review; and
14 WHEREAS, the Mayor and Common Council requires additional time to receive public
15 comment prior to enacting any permanent regulatory ordinances; and
16 WHEREAS, the Mayor and Common Council hereby specifically finds as follows:
17 Section 1. Findings.
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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.
20 group homes, or unlicensed group homes are likely to commence operations of such uses before the
21 studies are completed and appropriate regulations and safeguards are adopted, thereby adversely
22 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
24 group homes may be established in areas that would be inconsistent with the surrounding uses or
25 . th the character of a residential neighborhood and would be immediately detrimental to the public
26 eace, health, safety and welfare of the community; and
d.
If new parolee/probationer group homes, registered sex offender group homes, or
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28 licensed group homes are established, such uses could conflict with, and defeat the purpose of,
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1 the proposal to study and adopt new regulations regarding these uses; and
2 e. In accordance with City Charter Sections 31 and 121, based on the recitals and
3 findings referenced above, the Mayor and Common Council hereby finds that this urgency ordinance
4 is necessary for the immediate preservation of the public peace, health, or safety.
5 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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Section 2.
Imposition of Moratorium.
A.
Notwithstanding any conflicting provision( s) in any other section of the San Bernardino
9 Municipal Code, including the Development Code, no new parolee/probationer group home, registered
10 sex offender group home, or unlicensed group home shall be established or operated; and no
11 Conditional Use Permit, Development Permit, Building Permit, Certificate of Occupancy or Zoning
12 erification Review (also referred to as "Zoning Consistency Review") shall be issued or granted for
13 e establishment or operation of a new parolee/probationer group home, registered sex offender group
14 orne, 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
17 or unit, whether owned and/or operated by an individual or a for-profit or non-profit entity, that houses
18 0 or more parolees/probationers, unrelated by blood, marriage, or adoption, in exchange for
19 onetary or non-monetary consideration given and/or paid by the parolee/probationer and/or any
20 ublic or private entity or person on behalf of the parolee/probationer.
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2.
A "parolee/probationer" includes:
a.
Any individual who has been convicted of a Federal crime and sentenced to a
23 term of supervised probation or sentenced to a term of imprisonment in Federal prison, and granted
24 conditional and revocable release into the community under the supervision of a Fed~al parole officer.
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b.
Any individual who has been convicted of a State crime and sentenced to a term
26 of supervised probation or sentenced to a term of imprisonment in county jail or in a State prison and
27 ho is serving a period of supervised community custody, as defined in Penal Code Section 3000, and
28 is under the jurisdiction of the California Department of Corrections, Parole and Community Services
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1 Division.
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An adult or juvenile sentenced to a term in the California Youth Authority and
c.
3 ho has received conditional and revocable release into the community under the supervision of a
4 outh Authority Parole Officer.
5 3. "Registered sex offender group home" shall mean any single family residential structure
6 or unit, whether owned and/or operated by an individual or a for-profit or non-profit entity, that houses
7 two or more registered sex offenders, unrelated by blood, marriage, or adoption, in exchange for
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onetary or non-monetary consideration given or paid by the registered sex offender or any public or
rivate entity or person on behalf of the registered sex offender.
4. A "registered sex offender" shall mean any person required to register pursuant to
11 California Penal Code Section 290.
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"Licensed group home" shall mean any State licensed residential facility that is
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13 aintained and operated to provide non-medical residential care, day treatment, or foster agency
14 services for six or fewer adults, children, or adults and children, and which is required by State law
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o be treated as a single family residence or single family dwelling unit for zoning purposes.
6. "Unlicensed group home" shall mean any residential structure or unit, whether owned
17 and/or operated by an individual or a for-profit or non-profit entity, that is not licensed by the State,
18 at is maintained and operated to provide non-medical residential care, day treatment, or foster agency
19 services for six or fewer adults, children, or adults and children, and which is not required by State law
20 0 be treated as a single family residence or single family dwelling unit for zoning purposes.
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Section 3:
Reasonable Accommodation.
22 In compliance with the Federal Fair Housing Act (42 U.S.C. ~~ 3600 et seq.), the Americans
23 ith Disabilities Act (42 U.S.C. ~~ 12101 et seq.), and the Employment and Housing Act (Gov. Code
24 ~~ 12900 et seq.), it is the City's policy to provide reasonable accommodation in the application of this
25 Ordinance to any person with a disability who seeks fair access to housing. "Disability" shall have the
26 same meaning as the terms "disability" and "handicapped" in the Fair Housing Act.
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An application forreasonable accommodation in the application of this Ordinance shall
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28 e 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;
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The basis for the claim that the individuals affected are considered disabled
4 under the Fair Housing Laws, and why the accommodation is necessary to provide equal opportunity
5 for housing and to make the specific housing available to the individuals; and
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Any other information the City Plarmer/Deputy Director of Development
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7 Services reasonably determines is necessary.
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In making a determination regarding the reasonableness of the requested
B.
9 accommodation, the following factors shall be considered:
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Special need created by the disability;
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
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16 administrative burden on the City;
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Whether the requested accommodation would require a fundamental alteration
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18 in the nature of a City program; and
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8.
Whether granting the request would be consistent with the City's General Plan.
c.
Any request for reasonable accommodation from the provisions of this Ordinance shall
21 e reviewed and considered by the Planning Commission at a noticed public hearing and may be
22 approved, conditionally approved, or denied by the Plarming Commission.
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This Ordinance is based upon the recitals and findings set forth above, and the
Section 4:
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 II, Section 7 of the California Constitution,
26 and Sections 31, 40(z), and 121 of the Charter of the City of San Bernardino.
27 Section 5: Pursuant to Sections 31 and 121 of the Charter of the City of San Bernardino,
28 this Ordinance shall take effect inunediately. This Ordinance shall be of no further force and effect
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1 12 months from its date of adoption unless extended by action of the Mayor and Common Council.
2 Section 6: During the effective time period of this Ordinance, the Development Services
3 Department and the Planning Commission are hereby directed to consider and process a permanent
4 ordinance regulating the establishment and operation of parol eel probationer group homes, registered
5 sex offender group homes, unlicensed group homes, and other similar uses in the City of San
6 Bernardino.
7 Section 7: Compliance with the California Environmental Quality Act. The Mayor
8 and Common Council fmds that this Ordinance is not subject to the California Enviromnental Quality
9 ct (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or reasonably
10 foreseeable indirect physical change in the enviromnent) and 15060( c )(3 ) (the activity is not a project
11 as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14,
12 Chapter 3, because it has no potential for resulting in physical change to the enviromnent, directly or
13 indirectly.
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Section 8:
Severability. If any section, subsection, subdivision, sentence, clause or phrase
15 in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective
16 y any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of
17 e remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
18 declares that it would have adopted each section irrespective of the fact that anyone or more
19 subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
20 ineffective.
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Ke-1277
1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO EXTENDING
A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF
2 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 of the City of San Bernardino at a j t. regular meeting thereof, held on the21st day of
7 Jul
, 2008, by the following vote, to wit:
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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ESTRADA --L-
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BAXTER ~
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BRINKER X
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x
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--L-
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JOHNSON X
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MC CAMMACK --L-
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17 ~...u~f h. ~
18 Rae I Clark, City Clerk
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The foregoing Ordinance is hereby approved this JL~ay of
July
,2008.
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24 Approved as to form:
25 JAMES F. PENMAN
City Attorney
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