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HomeMy WebLinkAbout39-City Attorney c o o CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PENMAN City Attorney Subject: DISCUSS AMENDMENTS AND AN EXTENSION OF ORDINANCE NO. MC-1288, 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 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 NORTH OF CENTRAL AVENUE, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY Dept: CITY ATTORNEY Date: November 13, 2008 MCC Date: November 17, 2008 Synopsis of Previous Council Action: October 1, 2007- Mayor and Council approved CUP No. 07 -03 to allow the Salvation Army to construct a two story, 34,833 square foot, 124 bed men's shelter and rehabilitation center on 8.8 acres at 363 South Doolittle Road. October 15, 2007- Mayor and Council approved Ordinance No. MC-1258 amending Development Code Section 19.08.020, Table 08.01(34) to allow Social Service Centers as a conditional use in the IL Land Use District. May 19, 2008 - Mayor and Council approved Resolution 2008-151, an Agreement with The Planning Center to provide an update of the City's General Plan Housing Element, including an analysis of the need for emergency homeless shelters. October 20,2008 - Mayor and Council adopted MC-1288. Recommended motion: Discuss and provide direction to Staff. Contact person: He Em eiio Jr. Sr. De ut Supporting data attached: Staff Reoort FUNDING REQUIREMENTS: Amount: Council Notes: Agenda Item No. 31 F:\EMPENO\Ordinances\EmergencyShelters.RCA.Urgency Ordinance. II.17-08.wpd c TO: FROM: DATE: AGENDA ITEM: STAFF REPORT Council Meeting Date: November 17, 2008 Mayor and Common Council James F. Penman, City Attorney November 13, 2008 DISCUSS AMENDMENTS AND AN EXTENSION TO ORDINANCE NO. MC-1288, 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 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 NORTH OF CENTRAL AVENUE, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY. Background: On October 20, 2008, the Mayor and Council unanimously approved (6-0 with Chas Kelley absent) MC-1228, an Urgency Ordinance which created the Emergency Shelter Overlay District, to permit emergency shelters with approval of a building permit within the IL, Industrial Light, land use district lying south of3'd Street, east of Waterman Avenue and north of Central Avenue (copy ofMC-1228 attached and incorporated herein). State law limits this Urgency Ordinance to 45 days, which will expire on December 4, 2008, unless the Mayor and Council extends the Ordinance before that date, at a noticed public hearing at the December I, 2008 Council meeting. At the December I, 2008 Council meeting, the Mayor and Council will have the following options: c I. Extend the Ordinance, for any time period up to 10 months and 15 days, with the same geographic area previously designated. 2. Terminate the Ordinance. This puts the City in jeopardy of noncompliance with Senate Bill 2. 3. Extend and amend the Ordinance with a different or an expanded designated area, for example, include other IL areas in the City. State law requires that any action by the Mayor and Council to extend/amend the Ordinance must be approved by a 4/5thsvote of the Council, i.e., six votes of the Council. The City's consultant on the revised Housing Element, Colin Drukker with The Planning Center, will be present to address the Mayor and Council on November 17,2008. Mr. Drukker will provide the Mayor and Council information on the draft revised Housing Element regarding emergency shelters. Financial Impact: Undetermined C Recommendation: Discuss and provide direction to Staff. F:\EMPENO\Ordinances\Urgency Ordinance EmergencyShelters Staff Report. 11-17-08. wpd c c 16 17 18 19 20 21 22 23 24 25 26 C 27 28 Adopted: r>-tober 20. 2008 Effective: ;ober 20. 2008 ORDINANCE NO. MC-1288 2 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 5 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. 3 7 8 The Mayor and Common Conncil 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 11 12 13 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 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 procedures otherwise required prior to the adoption of a zoning ordinance, as an urgency measure, an interim ordinance, by a vote offourth-fifths (4/5) majority, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time; and WHEREAS, effective January 1, 2008, Chapter 633, Statutes of 2007 ("Senate Bill 2") amends California Government Code Section 65583 to require local governments to amend their General Plan Housing Element to identify a land use zone wherein emergency homeless shelters are F:\EMPENOlOrdinanccslEmergencyShelterS.Urgency Ordinance lD-I6-08.wpd 1 He-l288 C I a permitted use without a conditional use permit or other discretionary permit; and, 11 12 13 C 14 15 16 17 18 19 20 21 22 24 25 26 C 27 28 2 WHEREAS, Senate Bill 2 amends Government Code Section 65589.5(d) to provide that a 3 local agency shall not disapprove a land use application for an emergency shelter within any zone, 4 5 6 7 8 9 or conditionally approve a land U&e application for an emergency shelter within any zone in such manner as to render the project infeasible, unless it makes written findings, based upon substantial 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: 10 The...emergency shelter is inconsistent with both the juri&diction's zoning ordinance and general plan land nse 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 Bernardino 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 23 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 F:\EMPENOlOnlinanceslEmergencySheltm.lJrgency Ordinance 10-16.08. wpd 2 HC-1288 C I ordinance may constitute substantial compliance with Senate Bill 2; and c 17 18 19 20 21 22 23 24 25 26 0 27 28 2 3 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 4 5 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 8 9 WHEREAS, the City of San Bernardino, in a variety of locations, currently has several existing emergency shelters which provide a total of 267 beds for the homeless, in addition to the 10 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 14 15 Army ISO-bed homeless shelter for families and children at 925 W. 101h Street, which application 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 16 WHEREAS, on May 19, 2008, the City of San Bernardino retained a consultant, The Planning Center, to update the General Plan Housing Element. The Planning Center has extensive experience with housing element preparation and the certification review process with the California Department of Housing and Community Development (HCD). The City's Request for Propo&a1s issued on January 2,2008, specifically stated that an update of the City's General Plan Housing Element in compliance with Senate Bill 2 was needed, among other requirements. The City's contract with The Planning Center specifically listed the requirements of Senate Bill 2 in the Scope 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 F:\EMPENOlOrdinanceslEmergencySbelters.lJrsency Ordinance IO-16-08.wpd 3 MC-1288 C 1 cities in the County of San Bernardino and no city out of the 24 cities in the County of Riverside has 8 9 10 11 12 13 C 14 15 16 17 18 19 20 21 22 23 24 c 2 3 4 5 6 7 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 fornew 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, which will permit new emergency shelters with approval of a building permit within the IL, Industrial Light, Land Use District lying South of3nl 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 25 26 27 28 Section 65858: 1. The City of San Bernardino has s-ufficient emergency shelters, transitional and supportive housing facilities in existence as "grandfathered" uses under prior versions of the F:\EMPENOlOnlinanceslEmcrgencyShellcrs. Urgency Ordinance 10-16-08. wpd 4 HC-1288 o 6 7 8 9 10 11 12 13 C 14 15 16 17 18 19 20 21 22 23 24 c HC-1288 I 2 3 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CIIT OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: Section 1. The Mayor and Common Council find that the above-stated Recitals are true 4 5 and hereby adopt and incorporate them herein. Section 2. San Bernardino Municipal Code (Development Code) Section 19.02.050, Definitions, is hereby amended to add the definition of "Emergency Shelter" to read as follows: 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" means housing with minimal supportive services for homeless pers-ons that is limited to occupancy of six months or less by a homeless pers-on. No individual or household may be denied emergency shelter because of an inability to pay. Also referred to as a "homeless she1ter","homeless facility", or "social service center with a residential component." Section 3. San Bernardino Municipal Code (Development Code) Section 19.08.020, Table 08.01, Industrial Districts List of Permitted Uses, is hereby amended to allow Emergency Shelters as a permitted use, requiring a building permit in the Emergency Shelter Overlay District of the IL, Industrial Light, Land Use District pursuant to Development Code Chapter 19.10-E, see Exhibit A, attached hereto and incorporated herein. Section 4. San Bernardino Municipal Code (Development Code) Chapter 19.10-E. Emergency Shelter Overlay District, is hereby added to read as shown on Exhibit B, attached hereto 25 and incorporated herein. 26 27 28 F:IEMPENO\OnlinanccslEmergencySbcltcrs. Urgency Ordinance I Q-16-08.wpd 6 c He-l288 I 2 3 4 5 6 7 8 9 10 11 12 Pursuant to the requirements of Senate Bi1l2, the Mayor and Common Council Section S. 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 attachments to this Ordinance, and is adopted pursuant to the authority granted to the City of San Bernardino in Article 11, Section 7 of the Califomia 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 13 and Government Code Section 65858, this Ordinance shall take effect immediately. This Ordinance C 14 shall be of no further force and effect 45 days from its date of adoption unless extended by action of o 15 16 17 18 19 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 21 22 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 23 24 environment, directly or indirectly. 25 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 27 28 ineffective by any court of competent jurisdiction, such decision shall not affect the validity or F:IEMPENOlOrdinanccslEmergcncyShelters.!JrsenCY Ordinance I Q-16-08.wpd 7 c c c MC-1288 I 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, clanses, or phrases be declared unconstitutional, invalid, or ineffective. III III III F:IEMPENOlOrdinanceslEmergcncyShellerS. Urgency Ordinance lo.16-08.wpd 8 c c o 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 19.1o-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. 6 7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 8 Council of the City of San Bernardino at a it rel!:ular meeting thereof, held on the20th day of 9 Octnber , 2008, by the following vote, to wit: 10 COUNCIL MEMBERS: 11 ESTRADA NAYS ABSTAIN ABSENT AYES ---L- 12 13 14 BRINKER BAXTER x x 15 DERRY 16 KELLEY 17 JOHNSON x ---L- x 18 19 20 21 22 23 24 25 26 Approved as to form: JAMES F. PENMAN 27 City Attorney MC CAMMACK x Q~. 1 );; _ u-.Je. Rach'el Clark, City Clerk The foregoing Ordinance is hereby approved this ~ay of October ,2008. r 28 /) , - -:.~ IEMPENOlOrdinanceslEmo:rgencyShelten.Urgency Ordinance 10-16-08. wpd 9 MC-1288 EXHIBIT A c CHAPTER 19.08 INDUSTRIAL DISTRICTS 19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED 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 88812/6/93 LAND USE ACTMTY CD OlP IL m IE 1. Accessory structures/uses typically appurtenant to a D D 0 0 0 principally permitted land use activity; C 2. Agricultural Production-crops; D 0 3. Agricultural Services; D 0 D 4. Assembling, cleaning, manufacturing, processing, 0 0' 0 0 repairing 01' 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 D 0 products, research, storage, testing or wholesale land uses (except explnsives) with a portion of the operation (other than storage) occurring outside of the enclosed structure: A. Outside land uses in the CH and rn districts within 150 feet of a residentialland 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; D 0 D 8. Dwelling unit for a full-time security guard and family; D 0 0 9. Educational Service, including day care; D 0 D C 10. Emer2encv Shelters ~2 0 I!. EntertainmentIRecreational Uses: A. Adult Entertainment C C B. Auditoriums, Convention Halls and Theaters C C F:\EMPENOIOrdi......\Em.......cy Sbel.....llId..trlal D1,triet5 _ E o.es1ay 10-16-Oll.do<: MC-1288 LAND USE ACTMTY CD OIP IL IH IE C C. Miscellaneous Indoor; and 0 C D D O. Miscellaneous Outdnor C C C C 12. Financial; 0 0 13. Fuel Dealers; C C 0 14. Funeral Parlors1Mortuaries; 0 D 0 15. Gasoline Service Stations; D 0 D 16. HeliportslHelipads; C C C C C 17. Impound Vehicle Storage Yards (with or without towing) C C 0 18. Membership organizations, including religious facilities, D D 0 meeting halls, and fratemallodges; 19. MininglExtraction, including aggregate, coal, gas, metal C and oil; 20. Mobile Home Dealers (sales and service); D D 0 21. Offices/Services (administrative and professional); D D 0 22. Outdoor contractor's, lumber, and rental yards and storage 0 0 0 0 areas for building supplies; 23. Outdoor Horticultural Nurseries; 0 0 0 0 24. Parking Lots; D D D 0 0 25. Personal Services; 0 0' 0' C 26. Pipelines (As defined by Section 19.20.030[12][E] or as C C C C C superseded by State or Federal illw); 27. Public utility uses, dis1nbution and transmission D D D 0 0 substations and communication equipment structures; 28. PublishinglPrinting Plants; D D 0 D 29. Railroad Yards; 0 30. Recycling Facilities; (In compliance with Section 19.06.030[2][P]) 31. Research and Oevelnpment, 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; 0 0 0 38. TransportationlDistribution; D D D 39. Truck Stops; C C C 40. Veterinary Services/ Animal Boarding; D D 41. Warehousing and Wholesaling, including self-service D D D mini-storage; and F:IEMPENO\Ordinante5lE_<y Sbellen Ind_llIstrIcts _ E ova1ay 18-16-08.do< He-U88 LAND USE ACTIVITY CH OIP n. m m C 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. FenceslWalls; D D D D D F. PoliceIFire 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. 4>ennitted 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 recnmmends to Council for final determination. Other similar uses which the Director finds to fit within the purpose/intent of the zones, in compliance with Sectinn 19.02.070(3). III III c o F:\EMPENO\OnIlna....\E_ey Sh.......lad.slrlaJ DbtriCts with E overlay IO-I-'doc c c c He-1288 EXHIBIT B 0- EMERGENCY SHELTER OVERLAY DISTRICT 19.10-E.IllD. 'pURPOSE The pw:pose of this chl!Pter is to provide for an area within the IL. Industrial Light land use district. as referenced in Table 08.01 of Chapter 19.08. where emerl!encv shelters. in accordance with Government Code Section 65583. are allowed as a permitted use without a conditional use permit. or other discretionarY permit. Recolmi"';1'\I~ the need for available and affordahle sites for establishment of emerv:encv shelters uses outside the traditional locations in residential and commercial districts. the Rm"l'gen<:v Shelter Overlav District provides an area within the IL district for new emerllencv shelters to be intel!rllted with light industrial uses and existinlZ s-ocial services in the area. The puqlose of the desilmAted boundaries (area of anolicabilitv) is to maximize the DOtential for cOOJ)eration and svnerllV of emerl!encv shelters and social services in the Emerllencv Shelter Overlav District. 19.10-E.020 AREA OF APPLICABJ.LII:Y The Emergencv Shelter Overlav District ~hall an.plv to the IL. Industrial Lilzht land use district lyinl1 east of Waterman Avenue. south of 3'" Street and north of Central Avenue. A1lland use regulations and develoJ)ment standards for industrial uses in the IL District as soecified in ChAnter 19.08 ~hall1'P.T11Ain in effect. The effect of the Emerl!encv Shelter Overlav District ~hall be to define the area of IlWlicabilitv where emenrency shelters ~hall also be permitted with the lIPJlfOval of a building permit. and to add I!eneral and soecific develOJ)ment standards for emergencv shelters within the IL land use district. 19.10-E.030 GENERAL PROVISIONS 1. Emergencv shelters located within the Emergency Shelter Overlay District ~hall be develoned and qperated accordinl! to the land use regulations. development standards and design guidelines for the IL District in this Chlll)ter 19.10-E and in Chapter 19.08 Industrial Districts. 2. Emergencv shelters shall be permitted with the annroval of a building nermit within the Emergencv Shelter Overlay District as llPecified in Table 08.01 in Chapter 19.08. F:\EMPENOIOnIInm...\E-....<)'Sbelten Cbap 19.18-1: .1D-16-08.doc c c I I 10 I I I ! i ] I HC-1288 19.10-E.040 DEVELOPMENT STANDAJmS 1. The following standards shall annlv to the develonment of snecific emergencv shelters within the Emerl!encv Shelter Overlav District: A. EMERGENCY SHELTERS Emergencv shelters. nroviding temnorarv housing and SU1)l)()rt services to homeless nersons. shall be nermitted in the Emenzencv Shelter Ov~lav District of the IL. Industrial Light land use district. subject to the Rtant!aTrl~ in this Section. As social services with residential coIItoonents. emerl!encv shelters are also conditionallv permitted in several residential ant! cnmmercialland u&e districts and throughout the IL. Industrial Light land use district. The followinl! Rtant!ard.~ shall be reauired for develonment or establishment of emerllencv shelters in the Emergencv Shelter Overlav District: (1) The maximum resident canacitv ~h"ll be 50: (2) The maximum length of slav 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 nublic transit ston: (5) No emergencv shelter shall be established on anv site less than 500 feet from anv existinll sin~e-farnilv residence. K-12 ""hnol. nark. liquor store or other business with an Alcoholic Beverage Control lic""~e to sell alcohol for off-site consumntion. or adult business per Section 19.06.030 (2)(A)(I): (6) No emerl!encv ~helter shall be established on anv site less than 300 feet from the site of another emergencv shelter: (7) Off-street parkin~ shall be provided at a ratio of one snace ner 1.000 souare feet of gross floor area. or one !\pace for each employee on the larl!est shift plus one snace for each allencv vehicle nlus three visitor snaces. whichever is I!rellter: (8) Fencing and exterior lighting conforming to the development standards of Chl\Pter 19.20 shall be recuired to ensure the security of site residents: (9) A &ecurity and manal!ement nlan shall be recuired to demonstrate adequate nlans and capability to operate the emerl!encv shelter in a safe and effective manner. includinl! comnlete descriptions of the following: (a) Fencing:. lighting. video cameras. and anv other nhvsical imnrovements intended to provide or enhance security for residents and staff: F:IEMPENOIOnIInan...-"cySbolten Chap 19.1I1-E -111-1~ c c o HC-1288 (b) Staffmg olans. including the onalifications and re5Donsibilities of all staff members and the number and Dositions of eJ1lolovees on each shift: (c) Procedures and DOlicies for screening of ootential residents to identify individuals who should be referred to medical facilities. residential care facilities. other service agencies or law enforcement: (d) Plans and policies for dailv ooerations and suoervision of residents: ( e) SUDDort services to be offered to residents. including life skills training. counseling. referral to other service al!encies and iob placement assistance: (f) Plans to coordinate services of the facility with other homeless service providers in San Bernardino County. to imorove the effectiveness of the network of agencies serving the homeless. countvwide. F:IEMPENOIOnIi.......IE........cySb...... Cbap I 9.1 O-E -10-16-Oll.dot