HomeMy WebLinkAboutMC-1288U
Adopted: October 20. 2008
Effective: October 20. 2008
1 ORDINANCE NO. MG-1288
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AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.02.050,
19.08.020, TABLE 08.01, AND ADDING CHAPTER 19.10-E, EMERGENCY SHELTER
4 OVERLAY DISTRICT, TO PERMIT EMERGENCY SHELTERS WITH APPROVAL OF
A BUILDING PERMIT WITHIN AREAS OF THE IL, INDUSTRIAL LIGHT, LAND USE
DISTRICT LYING SOUTH OF 3RD STREET, EAST OF WATERMAN AVENUE AND
6 NORTH OF CENTRAL AVENUE, DECLARING THE URGENCY THEREOF, AND
TAKING EFFECT IMMEDIATELY.
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8 The Mayor and Common Council of the City of San Bernardino do ordain as follows:
9 WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with
10 the power to make and enforce all laws and regulations with respect to municipal affairs, subject only
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to the restrictions and limitations provided in the Charter or by State law; and
WHEREAS, Sections 31 and 121 of the City Charter provide for the adoption of an urgency
14 ordinance for the immediate preservation of the public peace, health, or safety if passed by a two
15 third's (2/3) vote of the Council; and
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WHEREAS, Government Code Section 65858 provides that for the purpose of protecting the
public safety, health, and welfare, the legislative body of a city may adopt, without following the
19 procedures otherwise required prior to the adoption of a zoning ordinance, as an urgency measure,
20 an interim ordinance, by a vote offourth-fifths (4/5) majority, prohibiting any uses that may be in
21 conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body,
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planning commission or the planning department is considering or studying or intends to study
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within a reasonable time; and
WHEREAS, effective January 1, 2008, Chapter 633, Statutes of 2007 ("Senate Bill 2")
26 amends California Government Code Section 65583 to require local goverurnents to amend their
27 General Plan Housing Element to identify a land use zone wherein emergency homeless shelters are
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a permitted use without a conditional use permit or other discretionary permit; and,
WHEREAS, Senate Bill 2 amends Government Code Section 65589.5(d) to provide that a
local agency shall not disapprove a land use application for an emergency shelter within any zone,
or conditionally approve a land use application for an emergency shelter within any zone in such
6 manner as to render the project infeasible, unless it makes written findings, based upon substantial
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evidence in the record as to one of five (5) findings; and
WHEREAS, finding number five (5) under Government Code Section 65589.5(d) provides
the exception that:
The...emergency shelter is inconsistent with both the jurisdiction's zoning ordinance
and general plan land use designation as specified in any element of the general plan as
it existed on the date the application was deemed complete, and the jurisdiction has
adopted a revised housing element in accordance with Section 65588 that is in
substantial compliance with this article.
WHEREAS, finding number five (5) is subject to the further requirement that the exception
is not available if the local agency has failed to identify a zone or zones wherein emergency shelters
are allowed as a permitted use without a conditional use permit or other discretionary permit; and
WHEREAS, through the adoption of an urgency ordinance amending the City of San
Bemardino Development Code which identifies a zone or zones where emergency shelters are
allowed as a permitted use without a conditional use or other discretionary permit, the City will be
in substantial compliance with the above described exception pursuant to California Government
Code Section 65583(a)(4)(D); and
WHEREAS, Senate Bill 2 recognizes that legislative bodies, prior to the adoption of a
revised Housing Element in compliance with Senate Bill 2, may adopt a zoning ordinance which
identifies a zone or zones where emergency shelters are allowed as a permitted use without a
conditional use permit or other discretionary permit, and thus recognizes that the adoption of said
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ordinance may constitute substantial compliance with Senate Bill 2; and
WHEREAS, the City of San Bernardino Development Code currently includes emergency
homeless shelters in the category of social services with residential components, which are allowed
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as a conditionally permitted use City-wide in several residential and commercial land use districts
6 and throughout the IL, Industrial Light land use district with such conditions that do not render such
7 projects infeasible for development; and
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WHEREAS, the City of San Bernardino, in a variety of locations, currently has several
existing emergency shelters which provide a total of267 beds for the homeless, in addition to the
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11 Salvation Army's 124-bed year round homeless shelter for men currently under construction within
12 the proposed Emergency Shelter Overlay Zone, at 363 South Doolittle Road, and another Salvation
13 Army 150-bed homeless shelter for families and children at 925 W. 10th Street, which application
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is currently under review (see list of service providers attached as Exhibit A to the Staff Report and
which is incorporated herein by reference); and
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17 WHEREAS, on May 19, 2008, the City of San Bernardino retained a consultant, The
18 Planning Center, to update the General Plan Housing Elernent. The Planning Center has extensive
19 experience with housing element preparation and the certificationreviewprocess with the California
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Department of Housing and Community Development (HCD). The City's Request for Proposals
issued on January 2,2008, specifically stated that an update of the City's General Plan Housing
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23 Element in compliance with Senate Bill 2 was needed, among other requirements. The City's
24 contract with The Planning Center specifically listed the requirements of Senate Bill 2 in the Scope
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of Work, including an identification and analysis of the needs of homeless persons and families in
the City of San Bernardino as required by Senate Bill 2; and
WHEREAS, as identified on HCD's website as of October 17,2008, no city out of the 24
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cities in the County of San Bernardino and no city out of the 24 cities in the County of Riverside has
adopted and received HCD certification of a revised Housing Element; and
WHEREAS, in spite of significant budget cuts and the loss of numerous employees, the City
of San Bernardino has made substantial progress in complying with the requirements of Senate Bill
2. The Preliminary Draft of the revised Housing Element is expected from The Planning Center in
November 2008; and
WHEREAS, the Mayor and Council recognize that Senate Bill 2 requires that the City's
General Plan Housing Element must include land use zones which will provide sufficient
opportunities for new emergency shelters to meet the need identified in the consultant's analysis; and
WHEREAS, the Mayor and Council find that the existing emergency shelters, the emergency
shelters under construction, and the new emergency shelters proposed for construction, together with
opportunities for development of new emergency shelters in the residential and commercial land use
districts with the approval of a Conditional Use Permit, and the adoption of this Urgency Ordinance,
17 which will permit new emergency shelters with approval of a building permit within the lL,
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Industrial Light, Land Use District lying South of3td Street, East of Waterman Avenue, and North
of Central Avenue (520.3 acres), will provide sufficient emergency shelters to meet the needs of the
homeless in the City of San Bernardino in the interim, until a revised Housing Element in full
compliance with Senate Bill 2 is adopted by the City.
WHEREAS, the Mayor and Common Council make the following findings of a current and
immediate threat to the public health, safety and welfare as required by California Government Code
Section 65858:
1. The City of San Bernardino has sufficient emergency shelters, transitional and supportive
housing facilities in existence as "grandfathered" uses under prior versions of the
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Development Code. It also has numerous low-income housing developments and
government subsidized housing facilities which lower the threshold of the transition from
homelessness to sheltered.
As a consequence of the recent housing crisis and of previous housing crises, the City of San
Bernardino has experienced a history of housing affordability relative to other communities
which has facilitated the location in San Bernardino of sufficient emergency shelters,
transitional and supportive housing facilities that accommodate six (6) or fewer uurelated
adults and are not therefore subject to regulation by the City.
Because of the systemic hostility of other regional entities to the presence of homeless
persons, the City of San Bernardino is in the same posture as downtown Los Angeles in
terms of the disproportionate supply of shelter and service providers across the region that
has led to a disproportionate concentration of homeless persons in the City of San
Bernardino. There exists a confusion as to the needs of the San Bernardino homeless, the
regional homeless who migrate to San Bernardino, and the national homeless for whom San
Bernardino is a warm weather stop.
The concentration of homeless persons in the City of San Bernardino, including the mentally
ill and those suffering substance abuse, is detrimental to their rehabilitation in that they have
developed in some instances, and have become part of informal but enduring networks that
support their illness against the efforts of the local institutions for their rehabilitation.
The improper location of emergency shelters in all parts of the City of San Bernardino, at this
time of economic crisis in the housing market, will facilitate the entrenclnnent ofland uses
in such manner as to further perpetuate the disproportionate distribution of services across
the region and will in fact serve to accelerate the processes Senate Bill 2 seeks to defeat.
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1 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO DO ORDAIN AS FOLLOWS:
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Section 1.
The Mayor and Common Council find that the above-stated Recitals are true
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and hereby adopt and incorporate them herein.
Section 2.
San Bernardino Municipal Code (Development Code) Section 19.02.050,
7 Definitions, is hereby amended to add the definition of "Emergency Shelter" to read as follows:
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19.02.050
DEFINITIONS
Emergency Shelter. As used in Government Code Section 65582, 65583, and 65589.5
(Senate Bill-2), and as defined in Health and Safety Code Section 50801(e), "emergency shelter"
12 means housing with minimal supportive services for homeless persons that is limited to occupancy of
13 six months or less by a homeless person. No individual or household may be denied emergency shelter
14 because of an inability to pay. Also referred to as a "homeless shelter", "homeless facility", or "social
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service center with a residential component."
Section 3.
San Bernardino Municipal Code (Development Code) Section 19.08.020, Table
18 08.01, Industrial Districts List of Permitted Uses, is hereby amended to allow Emergency Shelters as
19 a permitted use, requiring a building permit in the Emergency Shelter Overlay District of the lL,
20 Industrial Light, Land Use District pursuant to Development Code Chapter 19.IO-E, see Exhibit A,
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attached hereto and incorporated herein.
Section 4.
San Bernardino Municipal Code (Development Code) Chapter 19.1O-E.
Emergency Shelter Overlay District, is hereby added to read as shown on Exhibit B, attached hereto
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Section 5.
Pursuant to the requirements of Senate Bill 2, the Mayor and Common Council
hereby direct the Development Services Department to implement a program to amend the City's
zoning ordinances to meet the requirements of Government Code Section 65583(a)( 4)(A) within one
year of the adoption of the City's revised Housing Element of the General Plan.
Section 6: This Ordinance is based upon the recitals and findings set forth above, and the
accompanying Staff Report and its attaclnnents to this Ordinance, and is adopted pursuant to the
authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution,
and Sections 31, 40(z), and 121 of the Charter of the City of San Bernardino and California
Government Code Section 65858.
Section 7:
Pursuant to Sections 31 and 121 of the Charter of the City of San Bernardino
and Government Code Section 65858, this Ordinance shall take effect immediately. This Ordinance
shall be of no further force and effect 45 days from its date of adoption unless extended by action of
the Mayor and Common Council.
Section 8:
Compliance with the California Environmental Quality Act. The Mayor
and Common Council finds that this Ordinance is not subject to the California Environmental
Quality Act (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or
20 reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity
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is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly.
Section 9:
Severability. If any section, subsection, subdivision, sentence, clause or
26 phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or
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ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
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effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and
Common Council hereby declares that it would have adopted each section irrespective of the fact
that anyone or more subsections, subdivisions, sentences, clauses, or phrases be declared
unconstitutional, invalid, or ineffective.
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MC-1288
1 AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
2 SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.02.050,
19.08.020, TABLE 08.01, AND ADDING CHAPTER 19.10-E, EMERGENCY SHELTER
3 OVERLAY DISTRICT, TO PERMIT EMERGENCY SHELTERS WITH APPROVAL OF
A BUILDING PERMIT WITHIN AREAS OF THE IL, INDUSTRIAL LIGHT, LAND USE
4 DISTRICT LYING SOUTH OF 3RD STREET, EAST OF WATERMAN AVENUE AND
5 NORTH OF CENTRAL AVENUE, DECLARING THE URGENCY THEREOF, AND
TAKING EFFECT IMMEDIATELY.
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1 HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
8 Council of the City of San Bernardino at a it regular meeting thereof, held on the20th day of
9 October
, 2008, by the following vote, to wit:
10 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
11 ESTRADA
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BAXTER x
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14 BRINKER X
15 DERRY X
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16 KELLEY X
17 JOHNSON x
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MCCAMMACK X -
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21 Rachel Clark, City Clerk
22 The foregoing Ordinance is hereby approved this ~/ ~ay of October ,2008.
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26 Approved as to form:
JAMES F. PENMAN
27 City Attorney
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EXHIBIT A
CHAPTER 19.08
INDUSTRIAL DISTRICTS
19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND
CONDITIONALLY PERMITI'ED USES
The following list represents those primary uses in the manufacturing/industrial zoning districts
which are Permitted (P), subject to a Development Permit (0) or a Conditional Use Permit (C):
TABLE 08.01
INDUSTRIAL DISTRICTS LIST OF PERMITTED USES
MC 888 12/6/93
LAND USE ACTIVITY CH OIP II... m IE
1. Accessory structures/uses typically appurtenant to a 0 0 0 0 0
principally permitted land use activity;
2. Agricultural Production-crops; 0 0
3. Agricultural Services; 0 0 0
4. Assembling, cleaning, manufacturing, processing, 0 0' 0 0
repairing or testing of products including automotive
related (except dismantling) and welding and excluding
explosives, conducted entirely within an enclosed structure
except for screened outdoor storage areas;
5. Assembling, cleaning, manufacturing, processing, repair of 0 0
products, research, storage, testing or wholesale land uses
(except explosives) with a portion of the operation (other
than storage) occurring outside of the enclosed structure:
A. Outside land uses in the CH and III districts within
150 feet of a residential land use district; C C
6. Concrete batch plants, processing of minerals and C C
aggregate and other related land uses, not including
extraction activities;
7. Crematory; 0 0 0
8. Dwelling unit for a full-time security guard and family; 0 0 0
9. Educational Service, including day care; D D D C
10. Emereencv Shelters ...f'
11. Entertainment/Recreational Uses:
A. Adult Entertainment C C
B. Auditoriums, Convention Halls and Theaters C C
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LAND USE ACTIVITY CH OIP IL m IE
C. Miscellaneous Indoor; and D C D D
D. Miscellaneous Outdoor C C C C
12. Financial; D D
13. Fuel Dealers; C C D
14. Funeral Parlors/Mortuaries; D D D
15. Gasoline Service Stations; D D D
16. Heliports/Helipads; C C C C C
17. Impound Vehicle Storage Yards (with or without towing) C C D
18. Membership organizations, including religious facilities, D D D
meeting halls, and fraternal lodges;
19. MininglExtraction, including aggregate, coal, gas, metal C
and oil;
20. Mobile Home Dealers (sales and service); D D D
21. Offices/Services (administrative and professional); D D D
22. Outdoor contractor's, lumber, and rental yards and storage D D D D
areas for building supplies;
23. Outdoor Horticultural Nurseries; D D D D
24. Parking Lots; D D D D D
25. Personal Services; D D' D'
26. Pipelines (As defined by Section 19.20.030[12][E] or as C C C C C
superseded by State or Federal law);
27. Public utility uses, distribution and transmission D D D D D
substations and communication equipment structures;
28. Publishing/Printing Plants; D D D D
29. Railroad Yards; D
30. Recycling Facilities; (In compliance with Section
19.06.030[2][P])
31. Research and Development, including laboratories; D 0 0 0
32. Retail Commercial; 0 0' 0'
33. Salvage and Wrecking (dismantling) yards; C C
34. Salvage and Wrecking Facilities (completely within an C C C
enclosed structure);
35. Social Service Centers; C'
36. Swap Meets; C C C C
37. Towing Services; D D D
38. TransportationlDistribution; D 0 D
39. Truck Stops; C C
40. Veterinary Services/ Animal Boarding; D D
41. Warehousing and Wholesaling, including self-service 0 D D
mini-storage; and
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LAND USE ACTIVITY CD OIP IL m IE
42. Other
A. Antennas, Satellite and Vertical; D D D D D
B. Cleaning/Janitorial; D D D
C. Copy CenterslPostal Service CenterslBlueprinting; D D D
D. Equestrian Trails; P P P P P
E. FencesfWalls; D D D D D
F. PolicelFire Protection; D D D D D
G. Single-Family Residential P P P P P
(Existing - MC 823 3/2/92); and
H. Temporary Uses (Subject to [T] Temporary Use Pennit) T T T T T
'Except auto related.
lpennitted in the Emerl!encv Shelter Overlav District in the IL District nursuant to Chanter 19.1 O-E._
J Incidental to a primary use, and contained within a primary structure (15% max.).
'Commission recommends to Council for final determination.
Other similar uses which the Director finds to fit within the purpose/intent of the zones, in compliance
with Section 19.02.070(3).
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EXHIBIT B
CHAPTER 19.10-E
EMERGENCY SHELTER OVERLAY DISTRICT
19.10-E.OI0 PURPOSE
The ouroose of this chapter is to provide for an area within the lL. Industrial Light land use
district. as referenced in Table 08.01 ofCh'll'ter 19.08. where emergency shelters. in accordance
with Government Code Section 65583. are allowed as a oermitted use without a conditional use
permit. or other discretionary permit. Recoeni7.inl!: the need for available and affordable sites for
establislnnent of emergency shelters uses outside the traditional locations in residential and
commercial districts. the Emerl!:encv Shelter Overlav District provides an area within the lL
district for new emergency shelters to be integrated with light industrial uses and existing social
services in the area. The pw;pose of the designated boundaries (area of applicability) is to
maximize the ootential for coooeration and SVllerlZV of emerl!:encv shelters and social services in
the Emergency Shelter Overlav District.
19.10-E.020 AREA OF APPLICABILITY
The Emergency Shelter Overlav District shalll!PJllv to the lL. Industrial Lil!ht land use district
lying east of Waterman Avenue. south of 3td Street and north of Central Avenue. All land use
regulations and develooment standards for industrial uses in the IL District as specified in Chaoter
19.08 shall remain in effect. The effect of the Emergency Shelter Overlav District shall be to
define the area of apolicability where ernerl!:encv shelters shall also be permitted with the aooroval
of a buildinl!: permit. and to add l!:eneral and s.pecific develooment standards for emergencv
shelters within the lL land use district.
19.10-E.030 GENERAL PROVISIONS
1. Emerl!:encv shelters located within the Emerl!:encv Shelter Overlay District shall be
developed and o.perated according to the land use rel!:Ulations. develooment standards and
design ~delines for the IL District in this Chapter 19.10-E and in ChaDter 19.08
Industrial Districts.
2. Emerli!encv shelters shall be oermitted with the aporoval of a building permit within the
Emerl!:encv Shelter Overlay District as s.pecified in Table 08.01 in Chapter 19.08.
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19.10-E.040 DEVELOPMENT STANDARDS
1. The followilllZ standards shall lID1l1v to the develooment of soecific emerlZencv shelters
within the EmerlZencv Shelter Overlav District:
A. EMERGENCY SHELTERS
EmerlZencv shelters. orovidinlZ temoorarv housinlZ and SUDDort services to homeless
persons. shall be oerrnitted in the EmerlZencv Shelter Overlav District of the IL.
Industrial Light land use district. subject to the standards in this Section. As social
services with residential components. emerlZency shelters are also conditionallv
permitted in several residential and commercial land use districts and throughout the
IL. Industrial Light land use district. The followin~ standards shall be required for
develooment or establislnnent of emerlZency shelters in the Emer~encv Shelter
Overlav District:
(1) The maximum resident cl\Pacity shall be 50:
(2) The maximum lenlrth of stav shall be 6 months:
(3) The minimum site area shall be one acre:
(4) The site shall be located no more than 1.000 feet from a public transit stoo:
(5) No emergencv shelter shall be established on anv site less than 500 feet from anv
existinlZ single-farnilv residence. K-12 school. park. liquor store or other business
with an Alcoholic Beverage Control license to sell alcohol for off-site
consumotion. or adult business per Section 19.06.030 (2)(A)(1 ):
(6) No emergencv shelter shall be established on anv site less than 300 feet from the
site of another ernerlZencv shelter:
(7) Off-street oarkinlZ shall be orovided at a ratio of one &pace oer 1.000 square feet of
l!:I"OSS floor area. or one &pace for each emplovee on the larlZest shift olus one &pace
for each alZencv vehicle olus three visitor &paces. whichever is greater:
(8) Fencing and exterior lighting COnfOrminlZ to the develooment standards of Chapter
19.20 shall be reauired to ensure the security of site residents:
(9) A security and manalZement olan shall be required to demonstrate adeauate olans
and caoability to operate the emerlZencv shelter in a safe and effective manner.
includinlZ comolete descriptions of the followinlZ:
(a) FencinlZ. lighting. video cameras. and any other ohvsical imorovements
intended to provide or enhance security for residents and staff:
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(b) Staffinl! Dlans. includinl! the Qualifications and reSDonsibilities of all staff
members and the number and Dositions of emDlovees on each shift:
(c) Procedures and Dolicies for screeninl! of Dotential residents to identify
individuals who should be referred to medical facilities. residential care
facilities. other service al!encies or law enforcement:
(d) Plans and Dolicies for dailv oDerations and sUDervision of residents:
( e) Support services to be offered to residents. includinl! life skills traininl!.
counselinl!. referral to other service al!encies and iob Dlacement assistance:
(t) Plans to coordinate services of the facility with other homeless service
providers in San Bernardino County. to iml'rove the effectiveness of the
network of al!encies servinl! the homeless. countywide.
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