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HomeMy WebLinkAbout29-Development Services City of San Bernardino San Bernardino Police Department Interoffice Memorandum o To: Mayor and City Council From: Lieutenant Ronald Maass, NW District Commander Subject: 840 N. Sierra Way Date: April 2, 2009 Copies: o According to a 2007 census conducted in San Bernardino County by the Community Action Partnership (CAP), the city of San Bernardino houses approximately 1,915 homeless. This represents approximately 26% of the overall homeless population within San Bernardino County (7,331). CAP estimates that county-wide, approximately 83.4% of the homeless were housed in either ernergency homeless shelters or transitional housing centers. Estimates from the California Department of Corrections and Rehabilitation show approximately 333 parolees in the "San Bernardino" region, which also includes the nearby un-incorporated areas and the cities of Highland, Yucaipa, Redlands, Loma Linda, etc. A basic estimate for those homeless parolees residing within the city limits of San Bernardino resulted in a range of approximately 250 or more. I have met with representatives of the applicant, Human Potential Consultants, as well as attended public meetings before the Planning l:;ommission and the City Council. Based upon this information and materials received from Human Potential Consultants along with our own research, I have developed a variety of strong concerns related to the specific location of this facility. The applicant, Human Potential Consultants, is proposing a 56 bed facility (48 males and 8 females) emergency homeless shelter at 840 N. Sierra Way. 840 N. Sierra Way is a .45 acre site with an existing 6,747 square foot building. It is located in a residential neighborhood consisting of single family residences and small apartment buildings. Many of the surrounding residents have expressed extreme concerns regarding the nature of this facility and its proximity to their residences and businesses. There are plans to construct a new elementary school, Lincoln II Elementary, within one block of this proposed facility. A second elementary school is 5 blocks west and another 5 blocks to the east. In addition Seccombe Lake Park is also one block south of this proposed facility. These public locations attract a high degree of juvenile foot traffic. o This is also in immediate proximity to Option House, the region's first domestic violence shelter, and one of the first of its kind in the country. In meetings with representatives from Option House, grave concerns were related by their representatives pertaining to the distinctly incompatible use of the location. They were concerned about maintaining the TIffi SBPD IS COMMJTI'ED TO PROVIDING, PROGRESSIVE QUAlJ1Y POLICE SERVICE; A SAFE ENVIRONMENT TO IMPROVE TIffi QUAlJ1Y OF LIFE; A REDUCTION IN CRIME THROUGH PROBLEM RECOGNmON AND PROBLEM SOLVING +.Jo.~ !JJ :!J b lf16/01f Page 2 o physically and psychologically secure environment needed to maximize the healing process associated with the trauma experienced by domestic violence victims. Option House has been an invaluable asset to the San Bernardino Police Department as well as surrounding law enforcement agencies. The loss or severe hindering of the services provided by Option House could have a very detrimental impact upon the resources available to assist the victims of domestic violence. As proposed by Human Potential Consultants (HPC), the nature of the clients intended for the facility has been described as homeless or those in an "at risk" environment with no history of "extreme" violence, nQ sexual registrants (pC 290), and no history of arson. This basic guideline would allow for the inclusion of parolees in a very high density, possibly 100%. The applicants are proposing a 56 bed facility (48 .ma1es and 8 females) on a .45 acre site. Alternatively, the applicants offered to reduce the size of their facility to 36 beds, in the interest of mitigating any potential negative impact. Attempts to limit the number of parolees or to exclude those with a history of domestic violence were rejected by HPC representatives. This could result in the possibility of a victim of domestic violence recovering from her traumatic situation, in very close proximity to her actual attacker. According to HPC representatives, they will only accept clients with identified funding sources through a referral basis. They specifically stated that they would only accept those with referrals frorn entities that would pay for the services provided. HPC would not accept walk-in or law enforcement drop-offs for clients. o Officer Marci Atkins, the SBPD Homeless Advocacy Officer, reviewed the tenets of HPC's proposal and did not believe that the services offered to be provided by HPC would have a substantial impact on the homeless problem within the city. Based upon her experiences with the demographics of the city's homeless population, she did not believe that many would qualify for referrals to HPC's program. As of this date, the San Bernardino Police Department has not received a copy of an actual Security Plan from HPC in regard to the proposed facility at 840 N. Sierra Way. The last information received referred in general terms to the existence of a plan, referenced in their operations manual. The response mentioned the use of several security cameras, and referred to staff members trained as "guards/monitors" who would be "trained in all matters related to emergency and disaster procedures" as outlined in their manuals. Prior paperwork provided by the applicants suggest that this training would be provided to all employees, however, there do not appear to be plans for personnel whose primary function is security as opposed to "cross-trained" in security related procedures. Representatives from HPC advised the council that the HPC staff received security training from the "American Corrections Association." Training from the American Correctional Association is completed through their "online corrections academy." This on-line training does not appear to include any form of hands-on personal defense or physical control/arrest training. o The applicants currently manage several facilities in Southern California including Riverside and Los Angeles County. According to the HPC website, all of their current facilities within their Community Based Coalition Project (CBC) and their Day Reporting Page 3 o Centers exclusively house parolees. We confirmed this information through phone calls to their facilities. We contacted the law enforcement agencies responsible for the various facilities. For the housing facility known as Bridgeback II, located at 1718 W. Vemon Ave in Los Angeles, we were advised of 26 calls for service since January 1,2008 (22 in 2008,4 in 2009 through 3/31/09). A second housing facility, located at 1511 Gramercy Place in Los Angeles, LAPD detectives responded for seven investigations at the facility including batteries (PC 242), conspiracies (pC 182), a death investigation, and a homicide (PC 187). Comparing this to the proposed site, in the same time frame, there were a total of 12 calls for service in the entire block. Two were for 840 Sierra Way and were for burglary alarm and a subject disturbing the peace. The other calls in the neighborhood were for non-violent calls such as burglary reports or unknown/suspicious circumstances. Were there to be a comparable increase in calls for service to that experienced by the LAPD at Bridgeback 11, this would result in more than doubling the incidence of calls for service within the entire city block. Taking all of these factors into consideration, the Police Department is very concerned about the potential negative impact on police services, which would draw officers away from the ability to provide timely police service to the surrounding community. The introduction of a facility that would potentially generate additional calls for service on an annualized basis, not to mention the anticipated additional calls for service resulting from clients associated with the facility in the surrounding community, would have a detrimental impact on police services to the existing residents and businesses. o o o o o CITY OF SAN BERNARDINO Development Serviees Department - Planning Division Interoffice Memorandum TO: ' Mayor and Common Council ~ ~./ 11 .zce~ Terri Rahhal, City Planner FROM: SUBJECT: Item 36 - Human Potential Consultants Appeal of CUP No. 08-21 DATE: April 2, 2009 COPIES: James Penman, City Attorney; Rachel Clark, City Clerk; Mark Weinberg, City Manager; Henry Empello, Senior Deputy City Attorney; Valerie Ross, Development Services Director; Jorge Carlos, Executive Assistant to Council The following additional items are transmitted for review and reference: 1. A letter dated April 1,2009 from Debra E. Pole of Sidley Austin, LLC 2. A letter dated June 19,2008 from Human Potential Consultants, presenting background information and a program description 3. Ordinance No. MC-1290: Emergency Shelter Overlay District 4- 6 -o~ Aatnrl1 r-f" l' O.1.U.1.b!Y Sidley Page 1 o SIDLEYI SIDLEY AUSTIN IoIoP &55 WEST fIFTH STREET Loa ANGI!LeS. CA .0013 213 I" 1000 213 I.. 1100 FAX BEIJING BRuesas. CHICAGO DALLAS GENEVA HONG KONG LONDON LOS ANQIILIS NEW YORI( SAN FRANCISCO SHANCltlAI SINGAPo"e TOKVO WAaHINGTON. DC deni... browne.idler .com <'1:\) IUtA......, ,,"OUNn,.n 1AM FACSIMILE TRANSMISSION FORM Date: A riJ 1 2009 No. of a es includln cover sheet: 8 To: To: Ma or Patrick.J. Morris 909 384-5067 To: Ester Estrada 909 384-5105 To: Tobin Brinker 909 384-5105 To: Dcnno Baxtcr 909 384-5105 To: Te To: Ch., Kell To: Rikke Van .John,oD 909 384-5105 To: WeD Mc:Cammac:k 909 384-5105 o From: Denise D. Brown Ext. 46882 Floor: 41 COMMENTS: Appeal of the Planning Commission 3 Denial of Human Potential Consultant~., ApplicationfOr Conditional Use Permit No, 08-21 (Appeal No, 08-07) . . . . . . . . . . . IRS CimI....11n 1li_1n~1I"': To comply with eertIin I J.~. TreMUr)' rqulatinnll. wr inform you th... unless expI1!uly sated othnwiae, aD)' U.S. federJllaX advb: ~.in &hiI communication, iIadudina att8Ch&DCnIs, WItS DOt intcodcd 01 writIr:n 10 be used. and aumot be UICld. by My laXpayeJ' far the purpon ol.voidinB -'y penaltin that JIUI)' br Uapu.ed un SlU:ll l.x.p1Iyt"f by thr. Internal Rewmur. ~ice In lHIdilion. if MY tach tax IIdvice I, 1Hed 01' ref'lmed to by Dtber pwrin In promotin.. -teUn8 or recammeadin. _y ra-tnmchip ur IIlher mUly. inve!dalenl ph.... or :IlIIUpment, then (i) the *'vice thnukl he cnnatrued.. wnllen in cannectinn with the rwomotinn or lDII'Ir:etina by others of die tnnactian(J) or _.j oddrened in IIlI. communicoUnn ond Qi) Ibc IIlq>oyorshould _ OIIYI"" baed ...the _}Or'S pard..... __110m.. in......dent tax adYitor. . . . . . . . . . . . l'ro6knu ",/III _ _10" "ordd H ....'*" *': (213) ',16-6882 nus MUSAGIt IS Il'lTENJlED ONLY FOR no: VRO. no: INDIVJDVAL(S) OR ENTn'V(IIlS) TO WHICH IT IS ADD_D AND -1' CONT..... IN__TJON T....T IS PRlVILKGED. CON.IDDITLU. AND EXEMPT nOM DISCLOSt1U VNDU APPUCAIILE ........ IFTHIlREADER OJ' nus MaSAGE IS NOT mE INI'ENDED UCJPmi'T OR THE EMPLOYEE OR AGENT USPONaDLE!IOR DEI.JVERJNG no: MESSAGE TO no; INTENDED REClrlENT, YOOA.E HEllEIIl' Nar_ 1HA T APIl' DISSI:MINA nON. DlSTIUMITIoN OR COPYING OF THIS COMMt1NICA TION IS STRIcn. l' P1tOlmlrn:D. IF \'00 HAVt; Ht:ct;IVI:D "lH. COMMIJN1CA.loI0N IN 1:;1Ul0.. NaC..'V IJS .IMMlWlA.rI!a.V BY 'U.LI:I"HONE AND RET11JtN mE OIllGIN.... MESSAGE TO us AT 111E AIIOYtlAODRESII VIA mE v.s.1'OST AL SERVICE. SIlIIr..... WI' II............., It...... ~ In..........., SldIIrAUllln,...,."..,. o Received 04-01-2009 01 :32.. Froa-Sidley To-CITY OF SAN BERNARDI Pa.. 001 o o o --.---- -~.~I .~~ ~n :u.QJ.ey Pa.ge 2 Sidley SID"LEY SIDLey AUSTIN LC# .55 WEST FIFTH STReeT LOS ANGnl!S, CA 10013 (2'3) I'" 8000 (213) IIl1l1600.FAX LOS ANGELES NEW YORK SAN "'ANCISCO IHANGHAI SINGAPORE SYDNey TOKYO WASHINGTON, D.C. BEIJING BRussas CHICAGO DALLAS FRANKFURT GENEvA HONG KONG LONDON dpol".ICI"y,eom (213) .1.....2:1 FOUNDED 18" April I, 2009 By Fax end V.S.MeU Henry EmpeIlo, Esq. City of San Bernardino Senior Deputy City Attorney 300 North D Street San Bernardino, California 92418 Rc; Appeal of the PIlIIUling Commission's Denial of Human Potential Consultants' Annlication for Conditional Use Permit No. 08-21 (Anneal No 08-071 Dear Mr. Empefl.o; As you know, we represent Human Potential Consultants ("HPC") in the above- referenced appeal that was heard on Monday, March 16. 2009, at the Mayor and Common COWlcil Meeting and was continued until the Monday, April G, 2009 meeting. In advance of the upcoming hearing. HPC is writing to address issues raised by the Council, Option House, and members oflhe public at the March 16.2009 public hearing. The City Mat CO.Dlv With Senate Bill 1 The law compels !he City orSan Bernardino to approve HPC's application lor a Conditional Use Permit ("CUP") to open an emergency shelter serving the needs ofthc City's overwhelming homeles.~ population. Senate Bill 2 (SB 2), which became effective on January I, 2008, amended both California Housina Element Law and the Housina Accountability Al>1. so lIS to address the legislature's concern that local governments were inhibiting the development of emergency shelters on the basis of "Not In My Backyard" (''NIMBY'') politics. SB 2 m"lldates that local governments evaluate the housing needs of their homeless populations and update their Housing Elements by designating a development zone where emergency shelters may be developed by right. I ' Furthennore, under SB 2. the Housing Accountability Act prevents loc:al governments from disapprovina emeraeney shelters in other permissible land use zones unless one oftive narrow exceptions is mct.2 In denying HPC's CUP application, the Planning Commission 1 Col. Gov', Code f 6,,.3, 2 Co!. Gov'! Code ~ 65589,5{d). ~AIJtIWlLI..P"."",""~IIl\t~ptaIllCi/lglrl""""''''''~.~AUlln~. LA! U'16.so".2 Rocoivod 04-01-2009 01 :32.. Fr..-Sidloy To-CITY OF SAN BERNARDI Pap 002 o o o .........L. . ":11:"=1 ~l.j l:>1<11ey Page 3 Sidley SID'LEYI Hemy Empeno, E~'1. April I, 2009 Page 2 erroneously asserted that two of the five exceptions were met. California law places a heavy burden on the City by requiring a showing of substantial evidence in order to prove that anyone of the exceptions is met. Accordingly, the City may not avail itself of the fifth Housing Accountability Act exception because the Citr has not adopted an updated Housina Element and is out of compliance with this aspect of SB 2, . Additionally, the City may not avail itself of the second Housing AccolDltabiJity Act cxccption because the proposed shelter poses no "specific, adverse impact upon public health or safety." 4 To establish that the proposcd shelter would pose a "specific, adverse impact" the City must demoDS1rate that there are "significant, quantifiable, direct, and unavoidable impact(s], based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.'" The City may not rely upon speculative conjectures about threats posed by homeless individuals on parole or probation as evidence of a "specific, adverse impact." Moreover, even if the City could meet its burden of showing that the proposed shelter were to pose an "adverse impact, .. such an impact can be "satisfactorily mitigate( d].,,6 CODCel'Da Raised Bv ODtioD Hoaae CaD Be Mitiated Satiafaclorilv While HPC laud.~ the City for being sensitive to the community concerns raised by Optiou House at the March 16, 2009 hearing. such COJlcems do not excuse the City flum its legal obligation to approve the emergency shelter CUP, HPC fully supports the mission of Option House.and its long-standing commitment to victims of domestic violence. HPC is strongly committed to developing community partnerships with service organizations like Option House. Tn fact, Dr. Gomeu Newcombe, the CEO and co-founder ofHPC, has attempted to reach out to Option House to discUlls ways in which the two organizations can collaborate so as to better serve the community. In an emaiI dated March 30, 2009, HPC contacted Velda Griffin, the ExQCutive Director of Option House, 10 request an opportunity 1.0 meel.. HPC has since contacted Option House via telephone to follow-up on the March 30,2009 email, Hopefully. a meeting between IIPC and Option House will have occurred by the next City Council meeting on April 6. 2009. 3 The project is Minconsistent with both the jurisdiction's zoning ordinance aDd general plan land use designation as specified in IlIIY elem_ of the cenenl plllll as it existed on Ihe dale the application was deemed complete, and the jurisdiction hu odoplOd a revisod houainl element." Cal. Gov't Code f 6'589,'(d)(') (emph.... oddcd). . The project would have a "specific, adverse impac:1 upon the public health or safely, and lbere is no feasible method to satistilctorily mitigare or avoid the specific adverse impact without.. ,renderingtbe development of the emergency shelter financially inf...ible." Cal. GOY'! Code fi 6H8!1.S(d)(2), , Cal. Gov't Code f 6SS89.'(cl)(2). . Id. LAI 1~16U()y2 Rece i ved 04-01-2009 01 : 320m FrOJl-$idley To-CITY OF SAN BERNARDI Pa.. 003 10 o o v~ . .LV..LU rl-J Sidley Page 4 Sidley SIDLEY I Henry Empeilo, Esq. April I, 2009 Page 3 Unfortunately, however. in letters written to the Common Council and Mayor on March II, 2009 and March 12, 2009, Option HOllse attempts to frame the present appeal as a zero-sum scenario. According to Option House, if the City grants HPC's CUP application, then the City will be condoning domestic violence and will give credence to the allegation that "[fjleeing from family violence is nul as importanl as rehabililatin& the lives Ofpel]letralors offamily violence.',7 Not only is this view short-sighted. but also it ignores obvious facts. HPC has never indicated that it will be rehabilitating perpetrators of family violence. Rather, HPC seeks to house the overall homeless population, which includes the physically III1d menially disabled. the unemployed, and citizens recovering from substance abuse, not just persons on parole or probation. It is important to recognize that parolees and probationers only represent 8 subset of the homeless population. An even smaller subset uf the homeless population is cumprised uf those parolees and probationers who may have committed actJl of domestic violence in their pa.'It, Therefore, by encouraging the City to deny HPC's CUP, Option House is fbcusing the City's attention on a small portion of the homeless population that >>PC has never even indicated it would actually house. As stated above, to establish that the proposed shelter would have a "specific, adverse impact upon the public health and safety," the City must have fOlUld "significant, quantifiable, direct, and Wl8voidable impact[s] bued on objective, identified wriuen public health or safety standards. ~Iicies, or conditions as they existed on the date the application was deemed complete." The concerns expressed by Option House do not provide those objeotive impacts that the City needs. In short. Option House is stating that HPC's proposed shelter "might" house a person who "might" have abused a woman who "may" reside at Option House and who "may" pass by HPC's proposed shelter and who "might" c:onftont her abuser. These subjunc:tive and speculative concerns are one of the main rC8sons that SB2 was enacted - to prevent NIMBY attitudes frum invading local decision-making. Additionally, HPC has repeatedly explained that it is committed to serving the people of San Bernardino, HPC will hire staff from within the commlUlity and will only provide shelter and services to homeless individuals frum San Bcnwdino. Ac:cordingly, HPC will be housing and rehabilitating those individuals who arc already Hving on the otreet.~ nf the City, f'COl'le with whum residenl$ uf Optiun Huus" ,",an ,",um" fllC"-Iu-fac" "v"ryday. TII" hUIl1"I,,~~ uf Sall Bernardino huddle at night on street comers, sleep on city henehes, and take refuge in encampments at Seccombe Lake. Such individuals are already in the immediate vic:inity of Option House and its residents. HPC's proposed shelter will provide housinll and programmatic .ervic:cs to these homeless individuals thereby addressing the m01"C serious threat that unstable street life poses to the residents of Option House. 7 Se. March II, 2009 Letter from Protima Pandey of' Option HolISe to Mayor Morris and the City Council, · Govt, Code t MSX9,5(d)(e) LAI 1S1615Ov.] Received 04-01-2009 01 :3200 Fr.-Sidley To-CITY OF SAN BERNARDI Pa.. 004 o o __'_W__ v~.~u.~~ ~~ ~idley Pa.ge 5 Sidley SID'LEYI Henry Empeiio, Esq, April I, 2009 Page 4 Asidc from its gcneralized assertions, Option House has only identified a singlc, concrete i~~ue po~ed hy the proposed shelter. In its March 12, 2009lener Option House suggests that "[t]hc new problem that [HPC's] facility would cause is that there is no way for us to know if a [domcstic violence] pcIJlCtrator is being housed there." While this concern does not rise to the level anticipated by the Legislature, HPC respectfully acknowledges the issue and welcomes the opportunity to work with Option House to develop screening procedUl'ellto ensure that HPC's c1ient.~ would not interfere with Option House's "safety transfers." Therefore, this "problem" is easily mitigated through collaboration and is not a "significant, quantifiahle, direct, and unavoidablc impact" upon public health or safety as required by CaI, Gov't Code ~ 65589.5{d)(2). HPC is not asking the City to choose between its proposed shelter and the victims of domestic violence served by Option House. Instead, HPC is encouraging the City to facilitate the development of relationships between organizations li1ce Option House and HPC who seeIc to a.'ISi~t the underserved homeless and abused populations in the City. One homeless shelter does not preclude another. me Has A ProDertv laterat And An lava_enlla The North Sierra Wav Sile HPC has a significant monetary stake in the present appeal and will likely be unable to find another suitable location to develop a homeless shelter within the City if the CUP is d~ed. Option House and members of the public have suggested that because HPC is a for-profit company it should be able to find another location to site its homeless shelter. Such an assertion is misinfonncd and ignores the suhstantial investment that HPC ha.~ in the North Sierra Way site. Firsl, HPC would like to clarifY misconceptions about its for-profit status. Dr. Newcombe made the decision to co-found HPC as a for-profit company because it enables her to have more control over operations and because it bener positions HPC to obtain government funding. Despite the fact that the wmpany is structured as a for-profit entity, any profits derived from government contracts are fixed and result from HPC's very strict adherence to !lpecific line- item budgels lIS mlll1daled by each contracl. HPC is cOmmitted to its mission to provide stable housing, life training, and employment services to thosc individuals who have fallen through the cracks of government systems. Therefore, HPC's for-profit status is not an indication that it is any less committed to rehabilitating the same underservedpopulations that many non-profits, like Option House, serve. Second, HPC has already invested a substantial amount of time and money into the CUP for the Nonh Siena Way site, which it will DOt be able to recoup if the City wrongfully denies the CUP application. HPC's application for the CUP was deemed complete on May, 27, 2008, nearly a year ago. Since that time, the City has repeatedly delayed and continued its decision- lA.l1S1615o".2 :0 I i Received 04-01-2009 01 :32"" I I I Fro.-Sidley To-CITY DF SAN BERNARDI Pace DOS o o o --.---_ v~.~w.,~ ~~ ::;idley Page 6 Sidley SIDLEYI Henry Empei1o, Esq. April 1, 2009 Page 5 making on the CUP,o To this date, HPC is stiD awaiting the City Council's decision on its appeal. As a result of the City's delays, HPC has lost funding streams that it was unable to secure because the CUP was not finaIi7.ed. Furthermore, HPC has invested over $50,000 in rent, architect fees, and the cost of the CUP iL~elf, Third, it is lIIlreasonable to suggest that HPC should be able to lirid another sheller site in the City. HPC chose the North Sierra Way site because the existing church structure has unique characteristics that will enable H:PC to easily and effectively retrofit the buildina into an emergency shelter. In contrast, sites available in the Industrial Light (lL) overlay:zone designated by the City's Urgency Ordinance are inadequate and do nol share these unique characteristics. Approximately 90% of all of the sites in the overlay district IlR: unavailable for emergency shelter development because they do not comply with the l,ooO-foot public transit &"top distance requirement and the 500-foot separation requirement from existing single-family homes and other uses. None of the remaining IL sites have existing structures that could be converted into an emergency sheller. HPC would have to engage in costly new wnslruction in order to develop an emergency shelter on one of the sites. HPC simply cannot afford to develop a new site within the City. Up(; Will Secure )'undiDa' When '''he CUP Ja Annroved Bv Tbe City At the March 16, 2009 hearing the City asked a number of questions about HPC's funding sources. Because the CUP for the North Sierra Way site has not yet been approved. HPC has been unable to secure government contracts to fund services at the site. As soon as the City approves the CUP, HPC can then move forward to apply for funding. Therefore, HPC cannot yet identify what the exact sources of funding for the site will be. However, HPC hereby gives the City its assurance that it will he willing to share infonnatlon about its funding of this proposed site as soon as the CUP is approved and fundina is secured. Additionally, the City should note that HPC's well-positioned ability to secure state and federal llovernment funding will enable HPC to run the proposed shelter without requesting any funding fioom the City. HPC's proposed shelter will henefit the citi?.en. of Son Bemardino at no cost to the City. Therefore. the City can use Community Development Block Orant (CDBO) funding or funding fioom the Economic Development Agency to fund additional shelters. This will enable the City to comply with SB 2's mandate that it address the annual and seasonal housing needs of its burgeoning homeless population. 9 cur No. 08..21 was first set em the Planning Cnmmis...ion's agenda on Septemher 1'. 2008 and was lwic:c: conlinued before Ibe PIluminI Commwion issued its deaiaI on November 5, 2008. Followinllbe denial, HPC tiled an _Jication for appeal to the Common Council on November 20. 2008. and was not placed on Ibe Common CounciPs calendar until Man:b 16,2009 at which time the City Courn;il again continued the matter UDtil April 6, 2009. LA] UJ6ISOv.2 Received 04-01-2009 01 :32.. Frolll-Sidley 10-CITY DF SAIl BERNARDI Pap 006 o o o --.____ -...~.~u ~~ ::>idley Page 7 Sidley SIDLEYl Henry Empcil.o, Esq, April I, 2009 Page 6 HPC's Proiects Receive Wide Civic SUDDort On March 26, 2009, HPC opened the A&W Adult Resource Center in Lynwood, California, witll Aide Castro, Mayor Pro Tem of Lynwood and Councilmember, participating in the official grand opening and ribbon-cutting ceremony. The openinll of tile A&W Adult Resource Center has generated suppon among City. County, State and Federal officials. In fact, both State Assemblyman Curren D. Price, 51st District and Chair of the Governmental Organization Committee, and Los Anaeles County Supervisor Mart RidJey-'lbomas, Second District, bave issued statements supporting the new facility. Additionally, Congresswoman Linda T. Sanchez IIwwed HPC with II "Certificate of Special Congressional Recognition" in honor ofHPC's contribution to the community of Lynwood. Enclosed is a copy of the Congressional Recognition Certificate. This type of civic suppor! is funher evidence ofHPC's commiunenllo the communities that it serves. As discussed above. the City is required by California law to approve HPC's application for a CUP to develop an emergency shelter. The City cannot meet its heavy burden of providing . substantial evidence to suppon any of the exceptions under the Housing Accountability Act. Furthermore, any community concerns raised by the Common Council, Option House, and members of the public can be successfully miliaated. Thus, the City has a legal obligation to approve IIPC's above-referenced appeal. HPC looks forward to addressing any additional concc:rns allhe April 6, 2009 hearinll. Sincerely, cc: Mayor Patrick J. Morris; Cily Councilmembers Esther Estrada, Dennis Baxter, Tobin Brinker, Chas Kelley, Rikke Van Johnson, Wendy McCammack; Terry Rahhal, City Planner Enclosure LAlIS16UOv,2 Received 04-01-2009 01 :320m FrOll-Sidley To-CITY OF SAN BERNARDI Pa.e 007 I i , 10 ---- __._v._~ rn l:aa.ley Sidley Page 8 '. ~Y-"!1'A, ~~ gu;?~~-!1'9f1~f- 'r"-od"M " '" :Mardi 26. 200!! . Date ~!!/~ ~~~nO.I (fjl(~lU<<Hl- ~~g; o ~~ @r~ C@~ ~. ~W1lteuul ~,lI/UpJl- !!/'pue ru/dlB~Nl- fo.M,e oonwul/J~ !!/'~~ o R.c.iv.d 04-01-2008 01:320. FrOJl-Sidley T o-C' TV OF SAN BEIlIIARD' P.... DDS .. o HUMAN POTENTIAL CONSULTANTS "Your !..ink to a Better Future" .Iun~ 19. ~Ollll De\ dopmt"ntal Services Department 300:'o<orth "0" Street San Ikrnardino. CA 92418-000 I Sl iB.lFCT: Background on Human Potential Consultants and Analysis of the Proposed Adult Homeless and Resource Center ABOl:T CS o Estahlisht"d in 1997. lIuman Potential Consultants. LLC IHPC) is C<.'I"i lied by Ih~ I. S, Small Busin<.'ss .\dministralion as a Small Disad\antag~d Busin~ss and Sla) "inn: the State ,,(California Small Business and Los Angeles Count)' Small l3usin~ss [Ilkrpris,'. Hcadqllarlers in Carson. CA. HPC was originally founded as an "alt~rnatilc resoilr~c" t;tl' the On~-Step Ccnt<.'rs throughout Los Angeles County, As a r<.'sult of an imp~ccdble r~plltation throllghollttht" nation tor building local economies through 1t1l1g-tccnc ,Illhs II ith,n the communities where their rt"spectivt" projects arc located. HPC b~gan III "'pand II1ltt Ilk' r~alm of managing worktorce centered projects and olltplacem<:nt 5<:1'\ ices ktr di'placcd employees: administrative support stalling s<'l'\k<:s: and adult educatillnal ;I,ld ,)CC upational residelllial centers. Sl\J:\.IARY DESCRIPTION OF PROGRA.VI The proposcd Adult Hllmekss and Resourc<: ('~I1l<.'r should Ilot hc cllnt'uscd I\ith ,I ..!ru!,-' U\:almcnll)1' drug r<.'hahilitation c~nlcr. ()n th~ oth~r hand. thc .\dult I h'll1ck',s al!d I{~:-'\llll\:": C\,.:nt.....r is a n.:sidcl1rial training and l.'mploYIllI.'IH oprixtuni(.\ that ,kJdr....:1...,....:; the l11ultiple han'icl's llt' cl11plo)nient c\pcricnccd by adlllls, 1\ h,) i:l~k ,'JIIC:llion ;111.1 \\ll..'ali\ljl~d skill..., III'C', ,\dult I 1\) nh: Ie", :lnd R,,'s'turc~ CCIll~1' ,hall Pl\l,lidc a c,"np":h,'n,jl " ""1',','1' IIc\o:Illpl11Cnt '~l'\i~.:s III rcsidents including a,ad"'ll1ic. sllci;tI and ind~l'clldcnllilillg :-;kills. f..:ar~~r r....adilll".,s~ Iraini'ng and uthl..'r suppurti, ~ sl..'nil:I..'s. The lir;lqth..' amalgal11;ltjtlll~ o 500 Harson Plaza Drive, Suite 127 . (arson, CA 10146 . T.i31O)756-1560 . F.1310)l56.1562 . info@hpcemployment.org ~ -- o o o , -...-...~ , HPC :\llaJ~ sis \)f rhl;;' Pmpos~d Adult Hlll11d~ss & R~sourct: Cl;;'lltl;;'f Pag~ .2 6 Iq 2008 of career oriented services are tailored to each resident's nccd: the skill mixture shall allo\\ each resident to maintain a job, The Ct"nter shall provide the following services in a drug free environment: . Social. employability and living skills training: . Career counseling and other support services. which are tailored to each resident's need: . Academic enrichment. which prepares residents for long-term sustainability in today's labor market. The Center shall provide care and supervision to adults (18 - 59 years of age) on a long- term basis (up to 6 months on continual residency), ADUL T HOMELESS AND RESOURCE CENTER OPERATIONS The Center will consist of 16 total employees of whom six or st"ven will be case managers and/or administrative employees working the usual Monday _ Friday 8:00 am to 5:00 pm workday, The remaining nine employees will work three shitis a day to supporlthe 14-hour operation, SECI:RITY Access to the lobby will be tightly monitored and controlled by staff An intercom with an enunciator shall be provided to notify staff that someone is waiting. The dormitory areas will be constantly monitored, Exterior door alarms will be provided to pn:vent the entrance and exit of anyone. T t"chnologically advanced security cameras shall monitor the entire extt"rior parameters: additi'L)nallighting will illuminate the exterior, Il\TAKE, REGISTRATION AND ENROLLME:\'T Tht" number ofrcsidems shall not exceed 56 at an~ one time and allre,idents \\ill be dropped-off and picked-up by means of HPC"s transportation department. :\0 rc'sid<:ms shall be permined to arrive or depart via their 0\111 v<:hicle, The C<:nter shall p<:rform a compr<:hensive intakt" evaluation on all aspiring r<:sid<:nts. If a r<:sident is not deemed prepared for intensin: academic cnri<:hmcnt. th<:y shall diswntinue their p.lrticipation. o o o ~.."''''A:ilJw:'. . . . HPC :\nalysis of the Propos~J Adult Hom.:h:ss & R.:sourc.: C~nt.:r P~lg~ 2 6 j92u08 DOR:\IITORY TABLE I D C r ormlton' on 'JjluratlOns Individuals per room Sq.Ft per Room Size Individual 2 people in a room SO 70 3 people in a room 30 90 4 people in a room (dormitory style) 27,S 110 Typical living quarters will provide adequate number of functional. c1~an. full service bathrooms such as: toiletslurinals (I: I 0); sinks (I: I 0) and showers ( I :20), A recr~ational room for studying. writing, reading and viewing television shall be provided, Acc~ssible living quarters shall be provided to persons with a disability in accordance with the Americans with Disabilities Act. KITCHEN/DINING A c~ntral kitchen and dinning facility will provide meals and snacks for residents. The .lining room will b~ furnished with round tables intended to encourage family-style ~ating and interactions. o o 21 22 23 24 25 26 27 28 c Mopt"': 1IG4.....r 2.'5. 2008 Effective: lIov.....r 2.'5. 2008 1 ORDINANCE NO. IIC-l29O 2 AN URGENCY ORDINANCE AMENDING AND EXTENDING ORDINANCE NO. MC-U88, "AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO 3 AMENDING SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 1'.OZ.05O, 1'.08.OZo, TABLE 08.01. AND ADDING CIIAPI'ER lUG-E, 4 EMERGENCY SHELTER OVERLAY DISTRICT...," AMENDINGSECI10N 19.116.020, TABLE 06.01, MODIFYING THE AREAS DESIGNATED "'Intu; THE EMERGENCY 5 SHELTER OVERLAY DISTRICT. DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY. 6 7 The Mayor and CommoD CODDCD of the City of SaD BeraanUao do ordabl . foIlows: 8 WHEREAS, Section 4O(z) of the City Charter vests the Mayor and Common Co1lllc:il with 9 the power to make and enforce all laws and regulations with rcspe..1 to municipal affairs, subject only 10 to the restrictions and limitations provided in the Charter or by State law; and 11 WHEREAS, Sections 31 and 121 of the City Charter provide for the adoption ofan urgency 12 ordinance for the immediate preservation of the public peace, health, or safety if passed by a two 13 third's (2/3) vote of the Council; and 14 WHEREAS, Government Code Section 65858 provides that for the purpose of protecting the 15 public safety, health, and welfare, the legislative body of a city may adopt, without following the 16 procedures othCJWise required prior to the adoption of a zoning ordinance, as an urgency measure, 17 18 19 20 an interim ordinance, by a fourth-fifths (415) vote of the legislative body, 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 I, 2008, Chapter 633, Statutes of 2007 ("Senate Bill 2") amended 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 a pennitted use without a conditional use permit or other discretionary permit; and. WHEREAS, Senate Bm2 amended 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 manner as to render the project infeasible, unless it makes written findings, based upon substantial f:IEMPENOIOnIin_lEmoracncy Shell<r Ordinance 11-25<<, wpd J1C-1290 o o 1 evidence in the n:cord as to one of five (5) findings; and 2 WHEREAS, finding number five (5) under Government Code Section 65589.5(d) provides 3 the exception that: 4 The...emergency shelter is inconsistent with both the jurisdiction's zoning ordinance 5 and general plan land use designation as specified in any element of the general plan as 6 it existed on the date the application was deemed complete, and the jurisdiction has 7 adopted a revised housing element in accordance with Section 65588 that is in 8 substantial compliance with this article. 9 WHEREAS, finding number five (5) is subject to the further requirement that the exception 10 is not available if the local agency has failed to identify a zone or zones wherein emergency shehers 11 are allowed as a permitted use without a conditional use pennit or other discretionary permit; and 12 WHEREAS, through the adoption of an urgency ordinance amending the City of San 13 Bernardino Development Code which identifies a ~ne or ~nes where emergency shelters are 14 allowed as a permitted use without a conditional use or other discretionary permit, the City will be 15 in substantial compliance with the above described exception pursuant to California Government 16 Code Section 65583(a)(4)(O); and 17 WHEREAS, SenateBiI12 recognizes that legislative bodies, prior to the adoption ofarevised 18 Housing Element in compliance with Senate Bill 2, may adopt a zoning ordinance which identifies 19 a zone or zones where emergency shelters are allowed as a permitted use without a conditional use 20 permit or other discretionary permit, and thus n:cognizes that the adoption of said ordinance may 21 constitute substantial compliance with Senate Bill 2; and 22 WHEREAS, the City of San Bernardino Development Code clll'relltly includes emergency 23 homeless shelters in the category of social services with residential components, which are allowed 24 as a conditionally permitted use City-wide in several residential and commercial land use districts 2 5 and throughout the IL, Industrial Light land use district with such conditions that do not render such 2 6 projects infeasible for development; and 27 WHEREAS, the City of San Bernardino, in a variety of locations, currently has several 28 existing emergency shelters which provide in excess ofJOO beds for the homeless. In addition, the , 10 I ' F:\EMPENO\OnIinIl1C01\Emerpftcy SheIrer llrdinll1cc Il.25.os.wpd 2 110-1290 c o 1 Salvation Anny's 124-bed ycarround homeless shelter for men is currentlyunderconstruction at 363 2 South Doolittle Road, and the application for another Salvation Army I SO-bed homeless shelter Cor 3 families and children at 92S W. 10th Street, is currently under review by the City (see list of service 4 providers attached as Exhibit A to the Staff Report for Ordinance No. MC-1288 and which is 5 incorporated herein by reference); and 6 WHEREAS, on May 19, 2008, the City of San Bernardino retained a consultant, The 7 Planning Center, to update the General Plan Housing Element. The Planning Center has extensive 8 experience with housing clement preparation and the certification review process with theCalifomia 9 Department of Housing and Community Development (HeD). The City's Request for Proposa1s 10 issued on January 2, 2008, specifically stated that an update of the City's General Plan Housing 11 Element in compliance with Senate Bill 2 was needed, among other requirements. The City's 12 contract with The Planning Center specifically listed the requirements of Senate Bill 2 in the Scope 13 of Work, including an identification and analysis of the needs of homeless persons and families in 14 the City of San Bernardino as required by Senate am2; and 15 WHEREAS, as identified on HCD's wcbsite as of November 7, 2008, no city out of the 24 16 cities in the County of San Bernardino and no city out of the 24 cities in the County of Riverside has 17 adopted and received HCD certification of a revised Housing Element; and 18 WHEREAS, in spite of significant budget cuts and the loss ofnwnerous employees, the City 19 of San Bernardino has made substantial progress in complying with the requirements of Senate Bill 20 2. The Preliminary Draft of the revised Housing Element is expected from The Planning Center in 21 November 2008; and 22 WHEREAS, the Mayor and Council recognize that Senate Bill 2 requires that the City's 23 General Plan Housing Element must include land use zones which will provide sufficient 24 opportunities for new emergency shelters to meet the need identified in the consultant's analysis; and 25 WHEREAS, the Mayorand Council find that the existing emergency shelters, theemergcncy 2 6 shelters under construction, and the new emergency shelters proposed for construction, together with 27 opportunities for development of new emergency shelters in the residential, indUSlrial, and 28 commercial land use districts with the approval of a Conditional Use Pennit, and the adoption of this o F:IEMPENOIOnIinon<CIlE_y _OnIinancc II.Z~,wpd l 11I:-1290 o 1 Urgency Ordinance, which will permit new emergency shelters with approval of a nondiscretionary 2 development permit within the CH, Commercial Heavy, and IL, Industrial Light, Land Use Districts 3 in various locations of the City, will provide sufficient emergency shelters to meet the needs of the 4 homeless in the City of San Bernardino in the interim, until a revised Housing Element in full 5 compliance with Senate 8i112 is adopted by the City; and 6 WHEREAS, at the Council meeting on October 20, 2008, the Mayor and Council 7 unanimously, with a 6-0 vote of the Council, adopted Ordinance No. MC-1288, "An Urgency 8 Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code (Development 9 Code) Section 19.02.050, 19.08.020, Table 08.01, and adding Chapter 19.10-E, Emergency Shelter 10 Overlay District to permit emergency shelters with approval of a building permit within areas of the 11 IL,Industrial Light, Land Use District lying South 00"' Street, East ofWatennan A venue and North 12 ofCentraJ Avenue, declaring the urgency thereof, and taking effect immediately." ~ No. 13 MC-1288, and the Request for Council Action, Staff Report, Exhibits, and other documents and 14 testimony previously submitted to the Mayor and Council in support of said Ordinance are hereby 15 incorporated herein by reference; and 16 WHEREAS, at the Council meeting on November 17,2008, the Mayorand Counci1 received 17 information from The Planning Center Consultant on the revised Housing Element regarding 18 emergency shelters and the requirements of Senate Bill 2; and 19 WHEREAS, the Mayor and Council need additional time to study and detenninewhelherthe 20 areas of the City designated by this Urgency Ordinance within the Emergency Shelter Overlay 21 District should be modified; and 22 WHEREAS, the above-stated recitals and the Staff Report to this Ordinance are hereby 23 adopted as the written report issued by the Mayor and Council pursuant to Government Code Section 24 65858, which describes the measures taken to alIeviate the condition which led to the adoption of 25 the previous urgency ordinance; and 26 WHEREAS, notice of the public hearing for the Mayor and Council's consideration of the 27 proposed Urgency Ordinance was published in The Sun newspaper on November 15,2008, as 28 required by Government Code Section 65858. 10 I !O I I I -I' .~ " " 1 i! F:IEMPENOIOnIinancalEmcraenoy Sheller Ordinance 11-2S.()8,...... 4 1IC-1290 o o 1 WHEREAS, the Mayor and Common Council make the following findings of a current and 2 immediate threat to the public health, safety and welfare as required by California GovcnunCllt Code 3 Section 65858: 4 1. The City of San Bernardino has sufficient emergency shelters, transitional and supportive 5 housing facilities in existence as "grandfathered" uses under prior versions of the Development Code. 6 It also has numerous low-income housing developments and govcnunent subsidized housing 7 facilities which lower the threshold of the transition from homelesaness to sheltered. . 8 2. As a consequence of the recent housing crisis and of previous housing crises, the City of San 9 Bernardino has experienced a history of housing atTordability relative to other communities which 10 has facilitated the location in San Bernardino or sufficient emergency shelters, transitional and 11 supportive housing facilities that accommodate six (6) or fewer unrelated adults and are not therefore 12 subject to regulation by the City. 13 3. Because of the systemic hostility of other regional entities to the presence of homelcss 14 persons, the City orSan Bernardino is in the same posture as downtown Los Angeles in tcnns of the 15 disproportionate supply of shelter and service providers across the region that has led to a 16 disproportionate concClltration of homeless persons in the City of San Bernardino. There exists a 17 confusion as to the needs of the San Bernardino homeless, the regional homeless who migrate to San 18 Bernardino, and the national homeless for whom San Bernardino is a warm weather stop. 19 4. The concentration ofhomelcss persons in the City of San Bernardino, including the mentally 2 0 ill and those suffering substance abuse, is detrimental to their rehabilitation in that they have 21 developed in some instances, and have become part ofinfonna\ but enduring networks that support 22 their illness against the efforts of the local institutions for their rehabilitation. 23 5. The improper location of emergency shelters in all parts of the City orsan Bernardino. at this 24 time of economic crisis in the housing market, will facilitate the entrenchment of land uses in such 25 manner as to further perpetuate the disproportionate distribution of services across the region and 26 will ii1 fact serve to accelerate the processes Senate Bill 2 seeks to defeat. 27 28 i I i I I i I , I i , i I I ! I I I I ;0 F:IEMPENOlOnlinllll:CSlEmaJcnc:y Sheller Ordinance II_~, wpd 5 1IC-1290 o o 1 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO DO ORDAIN AS FOLLOWS: 3 SectiOD 1. The Mayor and Common Council find that the above-stated Recitals are true 4 and hereby adopt and incorporate them herein. 5 Seetloa 2. Ordinance No. MC-1288 is hereby amended and extended as provided herein. 6 SeetiOD 3. 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 foIlows: B 19.02.050 DEFlNmONS 9 EmergeDey Shelter. As used in Government Code Section 65582, 65583, and 65589.5 10 (Senate BiII-2), and as defined in Health and Safety Code Section 50801(e), "emergency shelter" 11 means housing with minimal supportive services for homeless persons that is limited to occupancy 12 of six months or less by a homeless person. No individual or household may be denied emClQlency 13 shelter because of an inability to pay. Emergency shelters shall be occupied only by homeless 14 persons unable to pay for housing. Facilities occupied by individuals who pay for their housing or 15 whose lodginglhousing is paid for by others shall not be permitted as emergency shelters. Also 16 referred to as a "homeless shelter", "homeless facility", or "social service center with a residential 1 7 component." 18 SecdoD 4. San Bernardino Municipal Code (Development Code) Section 19.06.020, 19 Table 06.01 Commercial Districts List of Permitted Uses, and Section 19.08.020. Table 08.01 20 Industrial Districts List of Permitted Uses, is hereby amended to allow Emergency Shelters as a 21 permitted use, requiring a Development Permit Type I in the Emergency Shelter Overlay District in 22 the CH, Commercial Heavy, and n., Industrial Light, Land Use Districts pursuant to Development 23 Code Chapter 19.10-E. see Exhibits A and B, attached hereto and incorporated herein. 24 SectiOD 5. San Bernardino Municipal Code (Development Code) Chapter 19.10-5. 25 Emergency Shelter Overlay District, is hereby added to read as shown on Exhibit C. attached hereto 26 and incorporated herein. Attached and incorporated herein as Exhibit 0 are reference maps showing 27 the areas of the City designated within the Emergency Shelter Overlay District. 28 SeetloD 6. Pursuant to the requirements of Senate Bill 2, the Mayor andConunon 10 F:IEMPENOIOnIiaanccs\Emcrpncy ShcI.....OnIilllllC( 11-25-Q8,wpd 6 JlC-1Z90 o o 1 Council hereby direct the Development Services Department to implement a program to amend the 2 City's ~ning ordinances to meet the requirements of Government Code Section 65583(a)(4)(A) 3 within one year of the adoption of the City's revised Housing Element of the General Plan. 4 Seetion 7. This Ordinance is based upon the recitals and findings set forth above, and 5 the accompanying Staff Report and its attachments to this Ordinance, and is adoptecipursuant to the 6 authority granted to the City of San Bernardino in Anicle 11, Section 7 of the California 7 Constitution, and Sections 31, 4O(z), and 121 of the Charter of the City of San Bernardino and 8 Califomia Government Code Section 65858. 9 SectIon 8. Pursuant to Sections 31 and 121 of the Charter of the City of San Bernardino 10 and Government Code Section 65858. this Ordinance shall take effect immediately. This Ordinance 11 shall be of no further force and effect 10 months and I S days from its date of adoption unless 12 extcnded by action of the Mayor and Common Council. 13 Seetio.9. Compliance with the California Environmental Quality Act The Mayor and 14 Common Council finds that this Ordinance is not subject to the California Environmental Quality 15 Act (CEQA) pursuant to Sections IS06I(b)(3) (the activity will not result in a direct or reasonably 16 foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not aproject 17 as defined in Section IS378) of the CEQA Guidelines, California Code ofRcgulations, Title 14, 18 Chapter 3, because it has no potential for resulting in physical change to the cnvironment, directly 19 or indirectly. 20 Seetio.l0. Severability. If any section, subsection, subdivision, sentence, clause or 21 phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or 22 ineffective by any court of competent juriidiction, such decision shan not affect the validity or 23 effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and 24 Common Council hereby declares that it would have adopted each section irrespective of the fact that 2 5 anyone or more subsections, subdivisions, sc:ntcncc:s, clauses. or phrases be declared 26 unconstitutional. invalid, or ineffective. 27 III 28 III o F:IEMPENOIOnIi......lErnerpncy Slleltcr 0nIinanc:. 11_~,wpd 7 9 COUNCIL MEMBERS: 10 ESTRADA 11 BAXTER 12 BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 MC CAMMACK o o I I I I I I i I I I I i I 10 17 18 19 20 21 22 23 24 25 26 27 28 1IC-1290 1 2 3 4 5 6 AN URGENCY ORDINANCE AMENDING AND EXTENDING ORDINANCE NO. MC-I188, "AN URGENCY ORDINANCE OF. THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.01.050, 19.81.010. TABLE 08.!!z AND ADDING CIIAPI'ER 19.1G-E, EMERGENCY SHELTER OVERLAY DISTRI\,;T ...," AMENDING SEC'l10N 1'.16.010, TABLE 06.01, MODIFYING THE AREAS DESIGNATED ~.1I111'1 THE EMERGENCY SHELTER OVERLAY DISTRICI', DECLARING THE URGENCY THEREOF, AND TAKING EFFECI' IMMEDIATELY. 7 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and adjourned Council of the City of San Bemardino at a joht r8llUlar mcctingthcreof,heldonthe 2StJday 8 of Nov....ber . 2008, by the following vote. to wit: AYES NAYS ABSTAIN ABSENT I ~ --L- --L.- ---L- --L.. ~ ~~. ~ . ;J..~ M~~ The foregoing Ordinance is hereby approved this :U. ~ day of NoveBer , 2008. "'T..t:.. Ce.~ - - Tobin Brinker, Mayor Pro T.... City of San Bernardino Approved as to fonn: lAMES F. 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(,J , , o Q o 8-, o z (,J o .. > .= 8 .j j,i i ~ .lj ~ .J~ oj> eO ~ f.Jj,g , J'jl! ~I ~Jl1iir _I j l! !l~ ~' II ~ 'i 5' ti, . - 8 <' .!l] eelS ~i : j ~ ij.l'~ 0,... .!!'i!:> :z: < u ,- Go :f < o o Q Q Q o Q Q .: ,- II 8.- ': r 8 till !i ~.l2] > ~ .. !1] u " :a ~ = . ~ ~ >.2 ",,,,." Cl . > ~ f~ ." ] ~ ~J j"''iJ! .:! l!.~S II 'ii~.!:!-= ,- ".D . , I". S lj'j .....'i! 8'i'a:= = 000 VV I 10 Q I I U I I VO OOV uuuuo OOU 'QOIUO :: U It.) I 00 I UO 000 U I U o : I I I U CO IUIUQ OOU UUIUO OOU UUIUO I I I : U I I I I I U o I I I ~ ;$ 1 l! .~. jjl'! ! l! Ii! , "g- lil! Ill> ~~~~~ ~ ] tluoj>.~ ..II~'i ~ ~ -;,!t~ ~!'o; 2 ~ 'a,.! ;dj> ;J ,g .f.f~"'>=l"" S S S ,$ ": ~ .il :u :I ~ :I I! .. lil i: :a <<<...dQ_"l~ "':NM ..f""..o"':oO EXHIBIT A ~ ..II .; l! It '~ ,'" oS .~ ~,~ ~j ",'Cj' "0 '" u U .$ ".8 11 ~i ... . ",0..11 120Slt t::~.!! ~"a:i =~> ;:;l~ ::.:...::l ., ~ o o o \:Ie; ,u- I .. IBM C'I.l ~ \:I... ~ 1.1 Q ._, \:I on - \,I::: I: i 8'" roil :: 8- o Iii ~ - ...l e ~ <Il is ...l -< - U llI: roil ~ ~ 8 . - = ~ roil .J r:ll -< !- KC-1290 , e...! ! : : I I I . . . !:l- 1.1 I I U I I I . , is : : : C,) I . . , el" ~ : I I I I . . elM . . I . U I I U el'" UIU1UU III 1.1- : I : I I . , . I I U I I . , . 11.11 . , : I UIUUUI : : uu . I . , I I I . I I . , I , . I I : I I I I I I I I I . . ..!ol . .e !"Ji~ .h'a~ ~ -8 u'; j:: : 11 i~ ~ ..._:1-= :.;-u f J~ ~ ~ ~ ~.~:i!.s -.!I !!jl]]" :! Ii j '~ ~ ,~ M ~ ~ !!l> > lI"'ll'l 130. o,lj 8 .! lf~ :c ~ ~ d' :i~ 51-1 ~ .. f'~ ~ ~ ~ 11 ~ ~il":i~.f il~j] ~ .8lu ~ Il t Jl 1Io:r: III '" .ll <t e..!l ~ . . ..J cJ -NM~.,j~ EXHIBIT A O:QI Que: 0:0: : I I : QUQu QUO: QUO: QUQU ~ ~ ~ ii QUQU QUQU QUQU ~ " o 2 . - Q I Q : 1 ~ ,~ ! 8- :c j ele, QIQI ] 'j 1~'lf ~,il j v-=ll !l ~ 11:'~ " !I 0"; 0 ...15'a i !,~ i":l~~ ;...,Jf] ,g .~ ,d ..II..!!t dQ , .ell- oS -0"-=10'- .cull' =z~ i.s,gs l' . _ .::] :s tll! " !!, 0 ] j 0 s j Ijf~!lJ~ ull~~'" -NM . o .. u i! ~ < I ,I l- S a ; :a' - t - o ..:. ... o J o o o 1E-129O ~""I I.l , , e-I = I I.l ' , e.1 I e"'l I oe.... \"I "'- \"I ~.. \"I~ ~'" \"I <1:1 1iIiI~"" <1:1\,,1 :;;l e~!!! -\"I- I: ;=",,1 ii \"I I IiIiI II. 8- r. o e-Z <1:1\,,1 - ..l <1:1 t) S - Q ..l 0( - ~ IiIiI ~ ~ 81 . - = 8 IiIiI ..l = ~ t:! B- J! .l! 15'" - .~s ,!j,Ul '~I 0 ~ "'e!g t IJ i 'I i I'ho ~ ~fJl~ ~ :l ll.i:~ ~ ' Iii:', ;l pil'i.s! C \"I!"s'.!!:2 %, ~I ..; I IUQU : (J Q U uUCI.l I : I I :UQU IWQI.l IUQU :UQU IUQU IUQU :UQU :UQU :<.JOU IWQI',,) J 1 ... ;; :z: 8 ~'~j ,) ~j- ~ s ~ ~ "'C .!! <<lo__ ... II .. ~l.!!,!f <<::E::E ....;NM.. Q Q C Q Q Q C C C C Q Q Q ~ l! L .s '0 Ia.!! ,lll 5.fl '5s ,~ 1 !.!! - e jj ... ,~ s'" . C ~ ,~ ;; l! ~ )ll~ ~Iu s t ..; ] lil~ i . ~ :I. -8~~1l .~ 1:D tf tio l! , .!is'- .. '! tI " .fl'> j e....=.. :J C U DO 'it ..5 :.' ~.B ~j u l~ 'I ] :e 1l~1J!.fl IIO:!1S , J&l .'s U il'<!", d EXHIBIT A I I I I I I I I I I I Ibll : I I : Q : Q IUOIIUUQ 110 I I I I I I I Q I r J Q I I C I I I Ie I I C I UUI',,) Q QICUU\"I,Q r:CIUUUQ Q'CUUUUQ I I I I I I I i i ~ ~ J:ll~ ,Ii . _:5 ~~c ] itlt . ,11 c:aJi== "I", "':Nrti~.n~r:oO o ~ ;:;; .. ~ ..... ... 11 ~ j ::E ~ . " o o o . - = 8 III ..:l ~ Ill~ U Ill.... U Ill... U CIll_ U CI'" Uf!? ~ CI.... U f3 fI) ;;J Q III I: ~ ft "" o ... fI) .. ..:l ~ t.I E .. Q ..:l < - ~ III :E :E o t.I 8..., CIon u:::: 8'" 0_ 1.1 ~ I ..,...1290 '" e.... ~- U :z: U )01 t: > ~ UJ ~I jl :c ..!!~ :;ts h~ i"'fo:s ~ - l S .c: !! .sa~ . ..a _ it '.8 i!Jf J,!J1 t ti - ..= '~'l; ~ .. I u ~ " '~ .2 (,) Ills 00000 oOlor 101 I : I I I 00001 00000 00001 00000 00000 00000 00000 00001 00001 00000 IS 8,1 _ ~i ~i 'i~ Cl~ ~ II ~ .~- "j rl j II 1~.Iie J!g~! ":Nrri.", dl 1li ..aull ,1/ ~.- 1 ,~ J >,." .1>> ]It '--810 rni :i~.!!~ .- J 1>-1 j .: '2 o~ ....; EXHIBIT A 1000 1(,)110 000 leCOI IUJUII coo 10000 (,) I I IOU 000 I I : : I I I I Q I I : 10000 1(,)1(,)0 000 10001 11.10101.1 100 1000 I 11.10 I I I 000 uoooo UUIUOU 000 UOOOO I U I UOU 000 UOOOO UUOUO(,) 000 UOOOO UUOUOU 000 100 I I I 1 100 loorl 10111100 VOOOO IIUIU oro i''l; j If '~j "'j" 5 rl ~ j .r .= Je::.= - 0 i ~ f~ I J~] J~ - it % .- 'E ~s It C ill I i I i q - Jl ~ J ~ II .8~ ,e ~O!lj jl~~i~JJlj~l~ .1 > iJ iifiJt~~irpi ~0"'O:Z:...l_...l~~2%.zl5j. "':r.iro;"':vi . . . .0"'; '-Cf"-OOOl__ MM. --- o o o 1IC-1Z90 EXHIBIT A '" UN 1.1 CCC IC CC CUI CCICICICI ICI ~- 1.1 CCC IC CC CII CCICICIOI ICI = 1.1 el.1 COO OC CO CUO OIOOICICUIUCI I I I I I Q I I : I Q I Q I Z I I Ill..., 1.1 OOC I C 0 CI OIIOIOICIIUO Ill"" 1.1 COO I 0 00 0 I I 0 1 10 I 0 I 0 1 1 I 0 I Ill_ 1.1 I 10 I b 0 I 0 I I 0 lib lob 0 I I 10 I ~.. \.J~ 0001001011001010001101 ~..., 1.1 rn ro.l~", rnu ~ Q~", (I;1u;:; ~ ~8'" ro.l I II< 8- r- o tiiS ... ..l ~ ; ~ rn ... Q ..l 0( - ~ ro.l :E :E 8 olio 1 I x ~ 01801.11 8 .. o I';; 01.1 I .2 1 110 ii 'Ii II I I Ii 0 C It 0 I I. .5 I 10 10 Q I : I 10 101 I 101 OCC 10 OCIOIOUCIUIO OCO 10 OIOOIOUOIUUOt, 10 : I OIICUUIOI : I Q I 10 10 OIIOUUIOIIUO I 10 I I 01 I I I UUQ I : I Q ...: ~ 8 ro.l ..l CD 0( !-o ~ JjJl,lJ . vilis '3.?> r.~1:j] 1! 8 i !31]] i~] i If ~ 1 il~ii ~ IJ i >J ~~ ~ ii~ ~ I J~ i. ~-J. I~ I ~ . J!l~l.li~ B '" ]g i3 ~.:! ~J:: II]! I ',f~j]~ ijl ji ji~j]) ~. .il]~J ti ~ iJ~J~ )j J I~JIIIJ~ -~fJ~l~j~V r. ~.... :.i GO ~~~ ~~~ ",GO", --..., _NO --- u\;jU ::!.e.~ . - o o o EXHIBIT A 11I:-1290 ~NI 1.1 I '" I e-i :c I 1.1 ' I I 100011.1 0000"'11- 100011.1 0000....11- 0 I I 1000/1.1 0000"'1.11- "... 1.1 1:IQIU QQIIA.'f- "", 1.1 1 I IOOOOU 0010" II- 0 "N 1.1 I" _ I~", U~ 01.1 000001.1 0000'" II- 0 . . . . IOOOOU . . . o O'Q'Q.... I I- 'Q = 1.1 o 100001.1 0000" I I- 0 ~'" 1.1 11.1 :cco:v 0010"'11- fI) f:Iil fI) ~ l:l f:Iil t: i If ~ o Iii :i fI) !- '-I iii! !- f!l l:l ~ - ~ III :!: :!: o '-I 8N IU ~ ~ 'QO'QOIU 0010....11- 0 e~ I I 1000lU 0000"'11- 0 ON U I , 0_ 1.1 lObO IU 0010'" II- U 1 I 10bOOU 0010"'11- U 2: 1.1 1 I I 010 1 1.1 Q 0 1 Q", I I- l!!!. li ..!l::! ::> :Jil 0' t- og !'l "'~ J . Ii: ~ it: :aj i ~= i ~~8 ~ -G j I- J~li t J! . ~ E -~<e ~ 18 i - S ~_...s! "'e >..!! 1 ~ il ~~~ Aa ~_ .J~~. ~ jiJ = ~ I ~ )0 ~ e! Ji ~ ,~ j ~ ] >> ld ~ ~ j I- ~ II - >. .. ~.. ~ 1. ~I ~ ~ ::> .ll ~ IIil:l! l~fiitii~jIJfli !S ~~"':15~::ll::llO"'''iC'8",.s::!0l;''''''I-'''1- Q .:.:e vi..or'ocio'd ....:N,..;~vi'lO,...: 00 -- _____N NNNNNNN N j ~ - = 8 f:Iil ; ..: !- ~ s S '" - " .g ~ il 'i ,~ I ,= Ii .Sol ,j .... .. ,~ 2 ..!l ... c j I ~ " :s 'i ,;; S w ] 15 .~ o .;!l ... u f ~ " 1I ~ w ~ I .... '" .= ~ go: tj ..sl>. -A <- gi~ ~ U ",t:: :r C!:;: ],~~= ~ ...~U W~I-::ll !::! :! ~ 110-1290 INDU8l'RIAL DISI'RIcrs - 1!1.C1I EXHIBIT B o CHAPI'ER 19.08 INDUSTRIAL DlSTRlcrs 19.08.020 PERMI1TED, DEVELOPMENT PERMI1TED AND CONDmONALLY PERMI1TED USES The followiDg list represcnllI those primary uses in the manufacturingliDdusttiaJ ZODing disaiClS which are Permitted (P). subject to a DevelopmeDl Permit (D) or a Cooditiona1 Use Permit (C): TABLE 08.01 INDUSTRIAL DlSTRlcrs USI' OF PERMITrEDUSES Me 888 12/6/93 LAND USE AC11VITY CH OIP IL m IE 1. AccelIlOI)' III'UcIUreIIuIe lWicIllY appuneaant to a D D D D D priIII:ipally pcrmi1IallaDd use lIClivily; 2. AllriculluraJ Production-c:rops; D D 3. AgriculluraJ Services; D D D 0 4. AssembIlnJ, c:leaninJ. manu1ilcCurinJ, ProceslIing. D D' D D I repairiDa or IeSIiIJI of produClS ;""hldi"l au&llIIlDtive n:labld (except dilIInmttIirl&)1IIll WIllding IIIll ellCluding explo8ives. "OWocted ealirely wiIbiD an eacloled Illr'Ul:lure eEept for ICJeeDad lIlIldoor SlOI'lIllC areas; S. AssembIlnJ, cIeanin&, 1J'I'ftI.filmlling. processiug. repair D D of producls, research. stonge. Ie81iDa or Il''''''-Il' 1aJJd. uses (except explo&ives) with a ponion of lbe opellllion (odw !ban .......e) oc:curriJJs OUllIlde of lbe eacloel struclun:: A. Oulside 1aJJd. uses in lbe cn IIIll DI dislrictB wiIbiD C C IS!) feet of a ~11and use districI; 6. COllC_ baIch planta, processing of minerals IIIll C C &ggn:gal: IIIll Olber n:lated land uses. not including eXlraClion activities; 7. Crematory; D D D 8. DwelJiD& unit for a full-time security guard IIIll family; D D D 9. Educational Service. includinll day care; D D D C 10. EmeJ'2eJICY Shellers OZ ~ 0 11. Enu:rtainmellllRecn:aliooa Uses: ~1290 INDUSTRIAL DISTIUCTS - 19.08 LAND USE ACTIVITY CR OIP n.. IR IE 0 A. Adult EIIIerllIinmImt C C B.Auditoriums, Conveodoo HaIJs and 1'bcalr:rs C C C. Miscellaneous Indoor; and D C D D D. Miscellaneous Oullloor C C C C 12. Financial; D D 13. Fuel Dealers; C C D 14. Funeral ParlorsIMonuaries; D D D IS. Gaso1iDe Service Stations; D D D 16. HeliponslHelipads; C C C C C 17. Impound Vehicle Storage Yards (with or without lOwing) C C D 18. Membership orpni7Arioos, including n:liaiouJ facilities, D D D meeting balls, and fralemallodges; 19. MiDinglExtraction, including auregare, coal, gas, metal C and oil; 20. Mobile Home Dealers (sales and service); D D D 21. OfticesIServices (lIdmini.ttaIive and proCessionaJ); D D D 22. Outdoor COI1lrICIOr's, lumber. and rental yards and D D D D storage areas for bui1ding supplies; 0 23. Ouldoor HorlicullUJ'al Nurseries; D D D D 24. Parking Lots; D D D D D 25. Personal Services; D [)l [)l 26. PipeIiDea (As defiDed by SecIioa 19.2(1.03O[12][E] or as C C C C C superseded by S1ate or Fedenllaw); 27. Public utility uses, dislI'ibulion and lI'aDsIIIissiou D D D D D sublIlaIlons and coomn.nic:ation equipment Sll'UClUIes; 28. PublisbincfPrinting P1an18; D D D D 29. Rai1road Yards; D 30. Rccycq Facilities; (In compIianc:e with Section 19.06.030[2](p]) 31. Researcb and Develllplllellt. including laboratories; D D D D 32. Retai1 Commercial; D [)l D' 33. Salvaae and Wrecking (dismantling) yards; C C 34. Salvaae and WreckiDg Facilities (COJq)letely within an C C C enclosed structure); 35. Social Service Centers; C' 0 JlC-1290 INDUSTRIAL DIBI'RICTS - IUS LAND USE ACTIVITY CH OIP II. m IE 0 36. Swap Mecls; e e e e 37. TowiJJ& Servil:ea; D D D 38. TranIpOrtalionIDisttibution; D D D 39. Truck Stops; C C 40. Veterinary ServiccsfAnimal BoInIiIl&; D D 41. Warebousina IIIlI WboIesaIing, incIudina self-service D D D miDi-storage; IIIlI 42. Other A. Antennas, Satellite IIIlI Vertical; D D D D D B. C""'ningIJanilOrial; D D D e. Copy CeatmIPCJsIaI Service CentenIBIueprint; D D D D. Eques1rian Trails; P P P P P E. FenceslWaIIs; D D D D D F. PolicelFire Protection; D D D D D G. SiDg1e-Family ResideDliaI p p p p P (Existing - Me 823 312192); IIIlI H. T~ Uses (Subject lD [11 Temporary Use T T T T T Permit) I Except 8UIO reIalM. 0 2Permia1ed in the EmeJa"...f Sbeller Ovedav DiIIrict. JlIUIUaDt lD CbIDter 19.10-5. 'IneicIenraI lD a primary ue,lIIlI COIIllIiued wid1lD a primary Ill'UCluIe (15" IIIIX.). 'Commission recoJlII.leuds lD CouncD for finaJ detenninalion. Other simlIar uses which the Director finds lD fit wilbin the plll]lose/inlelll of the _, in compliance willi Section 19.02.070(3). //1 1/1 o 1IC-1290 EMERGENCY SHELTER OVERLAY DISTRICf -IUG-E o EXHIBIT C CHAPTER 19.10-E EMERGENCY SHELTER OVERLAY DISTRICT 19.10-E.O!O PURPOSE The DUIIlOSe of this chapter is to provide for areas within the CII, Commercial Heavy and IL, IDdusttia1 Liabt IaDd usedistric:ls as ref'lll.......,d in Table 06.01 of ~ 19.06 and Table 08.01 of n.~ 19.08, where emeqeacy sbeIaers. in aa:ordaDce widl Gewe......... Code Sec:doa 6SS83. are a1lowed witbout a ...-!itinDaJ use oermit or ocber clisc:.cau.....J' oermiL Deoo....bi.ojf the Deed for available IIId affordable sites for csIIIbl............ of cmaaeDtY sbeIaers ouIIide Ihe traditiooal 100 ~rions in C6mdle..~iaI distric:Is. the Emeraeucv Shdter Overlay DiIlrict provides several areas wiIbiD the CII lIIIII n. distric:Is fbr DeW er.-_y> sbeIIas to be ioreaa~ widl <<~....~.cia1 mI Iiabt iodustria1 UlIeI mI eadfrInor social servica throu...... the City. TIle IJW'DOSC of the do!lri_~ bouDdaries (lIleI of 1IltlIic;abQy) is to ........oh-... die 1X~...41..1 for PI'OVision of aDCIleDtY sbeIter and SUDDOrt serviI:es lbrouabout the City of San BcmantiDo. o 19.10-E.02O APPLICABILITY The Emeraencv Shelter Overlay Disuic:t shall appJy to CII. Commercial Heavy and n..1Ddus1ria1 . Liabt IIIId use districts as SDeCified in ..4.......... IJIIIJlI aOOoted widl the Emeracoev Shelter Overlay Dislrk:t llIII1lV1ilab1e in the I)evd(w._.~.t Services Deae.bud. AIlIaDd use JellIlIlItinn$ IIId dcYeLNulAlt """..dArds fbr ...._._.~cIalllld iII4uIIrial UlIeI as IDCCffied in n._ 19.06111d 19.08 shall remain in etrect. TIle effect of the Emer""'.;y Shelter Overlay DiIlrict sbaU be to defiue the lIleI of appIjc:abllity where cmerJlC&Y sbeIIen sbaU aIao be ~ widl Dh....... lIPP1'OVlIl, llIII1 to add RCDeI'I1ll1111 SIl"dfil: deveI.........t standards for emel'1eDtY sbcIters within Ihe CH IIId n. IaDd use districts. 19.10-E.03O GENERAL PROVISIONS 1. Emeraeacv sbe1ters Ioc:ared witbin the EmerlleDCV Shelter Overlay District sba11 be develoDed aud 0Dented acc:ordina to the laud use 1'elEUIatioDs. dcvekl.-.~" SIaDdards aud desip auideliDes fur Ihe CII and IL Districts. as lIJIPlicable. as well as Olapter 19.10-E. 2. Emeraeucv sIIe1ters sba11 be 1lCmIiIted widl the lIIlProval of a ~ Permit Type 1 within !be EmerllCDCY SbeIter 0verIav District as SPeCified in Table 06.01 of CbaIll!r 19.06111d Table 08.01 ofCbaprer 19.08. o 1IC-1290 EMERGENCY SHELTEIl OVERLAY DISTRICf -l9.1I-E 10 1. 1he fDUowimr ..--rds .1.11 8DDlv 10 ~IN_.vft of I!n\r..~._~ ~ within the ):'.... I'GIl AI":Y ~1_ 0verIav Dislrid: A EMERGENCY ~J.rnl .1ER8 RIIIL"~.~v shdten.. nmvidino b..~__...y bousintr .m SIIDDOI't -t.-:.r.. to ""__1_- DCBODS. m.JI be nf!I'II'IdfM iIl1he 'P.JIIA...A.l'!V mww 0verJav DiIIIid of the CIl Q)aUol..-:.. :.J Heaw ..vt n.. ""In..... l.ieJd ...... .. -......... .~ to the ~_Ldl. in thi. ~ A8 ~.I ~ with. & Lk..~ n....__JA.,hL 1BL,...b.. "'V' ~LD 8Ie .J... cnnditil1nA11v N!II'IIIifMd in IrNInl 6_..II~..o:.t ..... UII! Ai....,... __ 1h..4i-A.... the n.... IntI.._.1 l.iahl ...... _ ditftir.t 'Ibll inI"-lnor ..........dl, ohooII be _n...d for devel.....~~~.. or -a..Wilht.vm of ftN>...~_~ ~ in the P~......._~ RIWt... ~ District: (1) 'Ibll maximum ..".;.w.t """""dv """1\ be 35: (2) The mayim.... IMath of slav """II be 6 mnnth.. (3) The site """II be """"-110 __ tIum ~ milA &om a NIhI., -.it I;"'" o (4) AnY DeW or existina: structure DmDOSed for use as 8Il11ftL.... ~--:v JiM1t..r _II meet C'lIIImt r..liftwnia Rnildino Code reaui.-=--.~". (5) Off-street narlci_ """II be nrnvitW at a ...nn of""" -.... IlClI' 1.000 _ filet of RrOSI ftnnr area.. or ftIIlII! ...,.,. fbr ...,.h ~ onb ... ~ tlhift plus OIII!I ..,. forll!llfl!h - 1q'....~.:.cleDl1lltlnevisia....,.... ~is 11-1 .. (6) Fc:nciD2 and exterior lipti.... <YVIMnnino to the cIeve/- .........dl, of n....wr 19.20 """'I be I'lllIIlired to """'.... the security of site "",",-. m A securitv and -- ....of n1.... """II be ftlQuiftld to "'""""- ~_ ......... And ~hilWtv 10 00..... die l!mII.. ......-.;v .....,... in a safe ..... effectiw: mAnRf!f'. nwlldinD' ~ ..il-I-- ....... . ilJl:n... oftbe foJlowina: tal F~D liahtino vihn ~n.MBS. and lIlY ntlwrnhvsica1 im._uJr.II'L...b int~~v.d to DIOVide O1'fID~ ~ for ~ RnII !IbIfF (b) ~o nl_ i""ludino the aualiA.-atl"". and ft,.m",,,.."hiIitioo. of all 9IJF """"....... 8IId the m............... DOSid...... of emnI_ on ~ shift, (e)~""'" and DOlicies for lICIat.ino of ....-n..1 ....,;den!s to idPnrijjr indivith..I. who should he fP:fb....~ to ~, t.r.Uities.. ..-.....,1.1 care facili . oIbrr' . law enti ties.. servICe -- ~.. cw ~~4... o o o o 1IC-1290 EMERGENCY SHELTER OVERLAY DISTRICT -lUO-E Cd) PIaDs and IlOlicies for daily ooerations and S\I1lC1"Vision of residents; Ce) Suooort services to be offi:rcd to residen1s. iucJudiDa life stills trainiDa. counseliDa. referra1 to other service aaenc:ies and job placabe!llll.qj~; (6 Plaos to coordinate services of !be facility with other homeless service providers in Sau Bemantino CouDty. to improve !be elfectiveoess of !be network of .encies servina the bomeJess, COUIItYWide. o o o ~1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 1 exhibit D-1 1J NORTH ~ 0=13211 o o o IIC-lZ Exhibit 0.2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2. 1J NORTH .r'~ ,(e) CIIy of San Bel1)llrdino.. . ..~ ..... r _ 'T , o o o 110-1290 exhibit D-2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2b 1J NORTH j 3 liC) City of San Bemanlino. ...-.....~ .~ ~ o o o 1IC-1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 3 Wlllillil \ IIIJ I J C);RQ[lNE :E )> ~:::~ .. ;;u ~ )> Z I -INDUSTRIA- II L: en COMMERCIAL-mr .... m III Exhibit 0..3 .1r NORTH --..J FARMI.:AND.... m: <: )>: z- en- ... o o o ~1Z90 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Are. 4 mlli \~-~. ,. 8ASELINE-Sr , U r <: -< ~. z I 1> :E ,... )J 0 0 ):> 0 CIl () t 0 :TI m I m n re, ci" of San Bernardino ~ 0 .. r.-I I Exhibit D-4 LJ NORTH I-JI~I\ . I. r-~ ~ 5TH )> r.; ~ 1 ilTfI 'I )> r:- () m o o o 1IC-1Z90 Exhibit 0.5 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 5 1J NORTH -1<HH , ~I~ g. ~. '-rn ~u -< ,~ CD 1113THcl= m :r-: 0= ;:u (') 0 ^ )>: ";' >'- m n fn ;:u- ~ l>U~ Om 8ASELINE-Sr 11111111110( 11111111111 r -(~)2!ty.of_~~'r':1I~t m I o o 17 18 19 20 21 22 23 24 25 26 27 28 o oWopteol: 1104' U 2.5. 2008 EffecU..: Jlayaloer 2.5. 2008 1 2 3 4 5 6 ORDINANCE NO. 11I:-1290 AN URGENCY ORDINANCE AMENDING AND EXTENDING ORDINANCE NO. MC-l11B, "AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SEcrION 1'-010$0, 19.08.020, TABLE 01.01, AND ADDING CIIAPTEIl 19.1O-E, EMERGENCY SHELTER OVERLAY DlSTRlCI' ... ," AMENDING SECTION 19.86.020, TABLE 06.01, MODIFYING THE AREAS DESIGNATED WITHIN THE EMERGENCY SHELTER OVERLAY DISTRICT, DECLARING THE URGENCY THEREOF, AND TAKING EFFECI' IMMEDIATELY. 7 Tile Mayor ad CommoD COlI.ell ortbe City 01 SaD Bel1lanllDo do ordaID . lolenn: 8 WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Cowu:il with 9 the power to make and enforce a1llaws and regulations with respect to municipal affairs, subject only 10 to the restrietions and limitations provided in the Charter or by State law; and 11 WHEREAS, Sections 3 I and 121 of the City Charter providefor the adoption of an urgency 12 ordinance for the immediate preservation of the public peace, health, or safety ifpassed by a two 13 third's (2/3) vote of the Council; and 14 WHEREAS, Government Code Section 65858 provides that for the pwposeofprotecting the 15 public safety, health, and welfare, the legislative body of a city may adopt, without following the 16 procedures otherwise required prior to the adoption of a zoning ordinance, as an urgency measure, an interim ordinance, by a fourth-fifths (415) vote of the legislative body, 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 Jan\18ly I, 2008, Chapter 633. Statutes of 2007 ("Senate Bill 2") amended California Government Code Section 6SS83 to require local governments to amend their General Plan Housing Element to identifY a land use zone wherein emergency homeless shelters are a permitted use without a conditional use permit or other discretionary permit; and. WHEREAS, Senate Bill 2 amended Government Code Section 65S89.S(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 manner as to render the project infeasible, unless it makes written findings, based upon substantial F:IEMPENOIOnli_\Emcracncy Sheller OI1linance 11-25-G8,wpd 11I:-1290 o 1 evidence in the record as to one of five (5) findings; and 2 WHEREAS, finding number five (5) under Government Code Section 65589.5(d) provides 3 the exception that: 4 The...emergency shelter is inconsistent with both the jurisdiction's zoning ordinance 5 and general plan land use designation as specified in any element of the general plan as 6 it existed on the date the application was deemed complete, and the jurisdiction has 7 adopted a revised housing element in accordance with Section 65588 that is in 8 substantial compliance with this article. 9 WHEREAS, finding number five (5) is subject to the further requirement that the exception 10 is not available if the local agency has failed to identify a zone or zones wherein emergency shelters 11 are allowed as a permitted use without a conditional use permit or other discretiomuy permit; and 12 WHEREAS, through the adoption of an urgency ordinance amending the City of San 13 Bernardino Development Code which identifies a zone or zones where emergency shelters are 14 allowed as a permitted use without a conditional use or other discretionary permit, the City will be 15 in substantial compliance with the above described exception pursuant to California Government 16 Code Section 65583(a)(4)(D); and 17 WHEREAS, Senate Bill 2 recognizes that legislative bodies, prior to the adoption ofarevised 18 Housing Element in compliance with Senate Bill 2, may adopt a zoning ordinance which identifies 19 a zone or zones where emergency shelters are allowed as a permitted use without a conditional use 20 permit or other discretiomuy permit, and thus recognizes that the adoption of said ordinance may 21 constitute substantial compliance with Senate Bill 2; and 22 WHEREAS, the City of San Bernardino Development Code currently includes emergency 23 homeless shelters in the category of social services with residential components. which are allowed 24 as a conditionally permitted use City-wide in several residential and commercial land use districts 2 5 and throughout the IL, Industrial Light land use district with such conditions that do not render such 26 projects infeasible for development; and 27 WHEREAS, the City of San Bernardino, in a variety of locations. currently has several 2 8 existing emergency shelters which provide in excess of 300 beds for the homeless. In addition, the o o F,IEMPBNOlOrdi_\Emorpncy Shd... Ordinance It .2SoOI,wpd 2 .,..lZ!IO o o 1 Salvation Anny's 124-bed year round homeless shelter for men is currentlyuncier construction at 363 2 South Doolittle Road, and the application for another Salvation Anny I 5O-bed homeless shelter for 3 families and children at 925 W. 10th Street, is currently under review by the City (see list of service 4 providers attached as Exhibit A to the Staff Report for Ordinance No. MC-1288 and which is 5 incorporated herein by reference); and 6 WHEREAS, on May 19,2008, the City of San Bernardino retained a consultant, The 7 Planning Center, to update the General Plan Housing Element. The Planning Center has extensive 8 experience with housing element preparation and the certification review process with the California 9 Department of Housing and Community Development (HCD). The City's Request for PropoSl1s 10 issued on January 2, 2008, specifically stated that an update of the City's Genera1 Plan Housing 11 Element in compliance with Senate Bill 2 was needed, among other requirements. The City's 12 contract with The Planning Center specifically listed the requirements of Senate Bill 2 in the Scope 13 of Work, including an identification and analysis of the needs of homeless persons and families in 14 the City of San Bernardino as required by Senate Bill 2; and 15 WHEREAS, as identified on HCD's website as of November 7, 2008, no city out of the 24 16 cities in the County of San Bernardino and no city out of the 24 cities in the County of Riverside has 17 adopted and received HCD certification of a revised Housing Element; and 18 WHEREAS, in spite of significant budget cuts and the loss of numerous employees, the City 19 of San Bernardino has made substantial progress in complying with the requirements of Senate Bill 20 2. The Preliminary Draft of the revised Housing Element is expected from The Planning Center in 21 November 2008; and 2:1 WHEREAS, the Mayor and Council recognize that Senate Bill 2 requires that the City's 23 General Plan Housing Element must include land use zones which will provide sufficient 24 opportunities for new emergency shellers to meet the need identified in the consultant's analysis; and 25 WHEREAS, the Mayorand Council find that the existing emergency shelters, the emergency 26 shelters under construction, and the new emergency shelters proposed for construction, together with 27 opportunities for development of new emergency shelters in the residential, industrial, and 28 commercial land use districts with the approval ofa Conditional Use Permit, and the adoption of this o F:IEMPENOIOnIinan<CI\EmcrJcnc:y ShcJtcrOnlinanc:e 11.2~.wpcl J ""12!1O 0 1 Urgency Ordinance, which will permit new emergency shelters with approval of a nondiscretionary 2 development permit within the CH, Commercial Heavy, and IL, Industrial Light, Land Use Districts 3 in various locations of the City, will provide sufficient emergency shelters to meet the needs of the 4 homeless in the City of San Bernardino in the interim, until a revised Housing Element in full 5 compliance with Senate Bill 2 is adopted by the City; and 6 WHEREAS, at the Council meeting on October 20, 200S, the Mayor and Council 7 unanimously, with a 6-0 vote of the Council, adopted Ordinance No. MC-12SS, "An Urgency 8 Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code (Development 9 Code) Section 19.02.050, 19.0S.020, TableOS.OI, and adding Chapter 19.10-E, EmergencyShe1ter 10 Overlay District to permit emergency shellers with approval of a building permit within areas of the 11 IL,Industrial Light, Land Use District lying South of3M Street, East of Waterman Avenue and North 12 of Central A venue, declaring the urgency thereof, and taking effect immediately." Ordinance No. 13 MC-12SS, and the Request for Council Action, Staff Report, Exhibits, and other documents and 14 testimony previously submitted to the Mayor and Council in support of said Ordinance are heRby 0 15 incorporated herein by reference; and 16 WHEREAS, at the Council mcetingon November 17, 2008, the Mayor and Council received 17 information from The Planning Center Consultant on the revised Housing Element regarding 18 emergency shelters and the requirements of Senate Bill 2; and 19 WHEREAS, the Mayorand Council need additional time to study and determine wbetherthe 20 areas of the City designated by this Urgency Ordinance within the Emergency Shelter Overlay 21 District should be modified; and 22 WHEREAS, the above-stated recitals and the Staff Report to this Ordinance are hereby 23 adopted as the written report issued by the Mayorand Council pursuant to Government Code Section 24 6585S, which descn"bes the measures taken to alleviate the condition which led to the adoption of 25 the previous urgency ordinance; and , , 26 WHEREAS, notice of the public hearing for the Mayor and Council's consideration of the i I 27 proposed Urgency Ordinance was published in The Sun newspaper on November 15, 200S, as I , , i 28 required by Government Code Section 65S58. I I. I , 0 F:IEMPENO'OnIinanceslEmcracnc:Y Sheller OnIi_ 11-2S.oa.wpcl 4 .,..1290 o o 1 WHEREAS, the Mayor and Common Council make the following findings of a current and 2 immediate threat to the public health, safety and welfare as required by California Government Code 3 Section 65S5S: 4 I. The City of San Bernardino has sufficient emergency shelters, transitional and supportive 5 housing facilities in existence as "grandfathered" uses underpriorversions oftlte Development Code. 6 It also has numerous low-income housing developments and government subsidized housing 7 facilities which lower tlte threshold of the transition from homelessness to sheltered. 8 2. As a consequence of the recent housing crisis and of previous housing crises, the City of San 9 Bernardino has experienced a history of housing affordability relative to other COIDII\unities which 10 has facilitated the location in San Bernardino of sufficient emergency shelters, transitional and 11 supportive housing facilities that accommodate six (6) or fewer unrelated adults and are not therefore 12 subject to regulation by the City. 13 3. Because of the systemic hostility of other regional entities to the presence of homeless 14 persons, the City of San Bernardino is in the same posture as downtown Los Angeles in terms of the 15 disproportionate supply of shelter and service providers across the region that has led to a 16 disproportionate concentration of homeless persons in the City of San Bernardino. There exists a 17 confusion as to the needs of the San Bernardino homeless, tlte regional homelcss who migrate to San 18 Bernardino, and the national homeless for whom San Bernardino is s warm weather stop. 19 4. Theconcentrationofhomelcss persons in the City of San Bernardino, includingthementa\ly 20 ill and those suffering substance abuse, is detrimental to their rehabilitation in that tltcy have 21 developed in some instances, and have become part of informal but enduring networks that support 22 their illness against the efforts ofthe local institutions for their rchabilitstion. 23 5. The improper location of emergency shelters in all parts of the City of San Bernardino, at this 24 time of economic crisis in the housing market, will facilitate the entrenchment ofland uses in such 25 manner as to further perpetuate the disproportionate distribution of services across the region and 26 will in fact serve to accelerate the processes Senate Bill 2 seeks to defeat. 27 28 10 I I I I , \ F:IEMPENOlOnlinlllc:e5\EmcrJen<y SlleJICr OnIin_ ll-~.wpcl , .,..lZ!IO o o 1 NOW TIlEREFORE, THE MAYOR AND COMMON COUNCIL OF TIlE CITY OF SAN 2 BERNARDINO DO ORDAIN AS FOLLOWS: 3 Sedloa 1. The Mayor and Common Council find that the above-stated Recitals are truc 4 and hereby adopt and incorporate them herein. 5 Sedloa 2. Ordinance No. MC-1288 is hereby amended and extended as provided herein. 6 Sectioa 3. San Bernardino Municipal Code (Development Code) Section 19.02.050, 7 Definitions, is hereby amended to add thc definition of "Emergency Shelter" to read as follows: 8 19.02.050 DEFlNmONS 9 Emergeaey Slelm. As used in Government Code Section 65582, 65583, and 65589.5 10 (Senatc BiII-2), and as defined in Health and Safety Code Section 5080l(e), "emergency shelter" 11 means housing with minimal supportive services for homeless persons that is limited to occupancy 12 of six months or less by a homeless person. No individual or household may be denied emergency 13 shelter because of an inability to pay. Emergency shelters shall be occupied only by homeless 14 persons unablc to pay for housing. Fscilities occupied by individuals who pay for their housing 0i- lS whose lodginglhousing is paid for by others shall not be permitted as emergency shelters. Also 16 referred to as a "homeless shelter", "homeless facility", or "social service center with a residential 17 component." 18 Seclioa 4. San Bernardino Municipal Code (Development Code) Section 19.06.020, 19 Table 06.01 Commercial Districts List of Permitted Uses, and Section 19.08.020, Table 08.01 20 Industrial Districts List of Permitted Uses, is hereby amended to allow Emergency Shellers as a 21 permitted use, requiring a Development Permit Type I in the Emergency Shelter Overlay District in 22 the CH, Commercial Heavy, and IL,1ndustrial Light, Land Use Districts pursuant to Development 23 Code Chapter 19.10-E, see Exhibits A and B, attached hereto and incorporated herein. 24 Seelioa 5. San Bernardino Municipal Code (Development Code) Chapter 19.1O-E. 25 Emergency Shclter Overlay District, is hereby added to read as shown on Exhibit C, attsched hereto 26 and incorporated herein. Attsched and incorporated herein as Exhibit D are reference maps showing 27 the areas of the City designated within the Emergency Shelter Overlay District. 28 Sectloa 6. Pursuant to the requirements of Senate Bill 2, the Mayor and Common o F:IEMPENOIOnIin"",colE_<y Sbclter OnIi""",,c 11-2~.wpcl 6 ""lZ!IO o o 1 Council hereby direct the Development Services Department to implement a program to amend tl1e 2 City's zoning ordinances to meet the requirements of Government Code Section 65583(aX4XA) 3 within onc year of the adoption ofthc City's revised Housing Element ofthc General Plan. 4 SectiOD 7. This Ordinance is based upon the recitals and findings set forth above, and 5 the accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the 6 authority granted to the. City of San Bernardino in Article 11, Section 7 of the California 7 Constitution, and Sections 31, 4O(z), and 121 of the Charter ofthc City of San Bernardino and 8 California Government Code Section 65S5S. 9 SeetioD 8. Pursuantto Sections 31 and 121 oftl1c Charter of the City of San Bernardino 10 and Government Code Section 65S58, this Ordinance shall take effect immediately. This Ordinance 11 shall bc of no further force and cffect 10 months and 15 days from its date of adoption unless 12 cxtended by action of the Msyor and Common Council. 13 SectiOD 9. Compliancc witl1 thc California Environmental Quality Act. The; MS)U and 14 Common Council fmds that this Ordinance is not subject to the California Environmental Quality 15 Act (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or reasonably 16 foreseeable indirect physical change in thc environment) and 15060(cX3) (the activity is notaproject 17 as defined in Section I 537S) of the CEQA Guidelines, California Code of Regulations, Title 14, 18 Chapter 3, because it has no potential for resulting in physical changc to the environment, directly 19 or indirectly. 20 Sectioa 10, Severability. If any section, subsection, subdivision, sentencc, clause or 21 phrase in this Ordinance or any part thereof is for any reason hcld to be unconstitutional, invalid or 22 ineffectivc by any court of competent jurisdiction, such decision shall not affect the validity or 23 effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and 24 Common Council hereby declares that it would hsve adopted each section irrespectivc ofthc fact that 2 5 any onc or more subsections, subdivisions, sentences, clauses, or phrases be declared 26 unconstitutional, invalid, or ineffective. 27 III 28 III o F:IEMPENOIOnIi......lE_y ShcJtcrOnli"""", 11.~.wpd 7 o o 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o ""12!1O 1 AN URGENCY ORDINANCE AMENDING AND EXTENDING ORDINANCE NO. MC-1288, "AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO 2 AMENDING SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.02.050, 19.01.020, TABLE 08.01, AND ADDING CIlAPTER lUG-E, 3 EMERGENCY SHELTER OVERLAY DISTRlcr ...," AMENDJNGSECTION 19.86.020, TABLE 06.01, MODIFYING THE AREAS DESIGNATED \\'..~ TIlE EMERGENCY 4 SHELTER OVERLAY DISTRJcr, DECLARING THE URGENCY THEREOF, AND TAKING EFFEcr IMMEDIATELY, 5 6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and . aclioumecl Council of the CIty of San Bernardino at a jo at regular meetingthereor.heldonthe~y 7 8 of November . 2008, by the following vote, to wit: . ~~~~~. . ~ ~}h~ nllJ$e"" The foregoing Ordinance is hereby approved this :JC..tA day of NoveJlber . 200S. "t~ c...~ - - Tobin Brinker, Mayor Pro .TeII City of San Bernardino Approved as to form: lAMEs F. PENMAN City Attorney 1>', U ?,v.:-- , r F:\EMPENOIOrdilwIo..~cy Sllchor OnIinInc:e Il-~.wpd I o o Q ~ l- I- i '"' II. ;>0: - -l <( Z CIl 0 rill - CIl I- :J 15 Q Z rill 0 I: C.i - Q ::E Z Cll <r. ~ Q - ~ r.. I- o !:: ... .. en "" ~ ~ ~ II. C.i rz iil ~ !;j f 15q - -l rol <( ... - '"' ~ Q '"' ::E '"' ::E !: o - C.i ~ ill: c; ~ g : ~ s ..l ~ ~ ~ ... - o I I I .,..IZ9O 1 rn '"' rn '5 5 Co o "il > lU o .. .9 - H E ::l en ~ "'" ~ II .~ &: ~ .c: ... ~ en - ... 'c - en '6 OIl c '" S <i .~ ~ o ... lU ..c - .5 en ~ ~ e 'C Co;';" ~g -B .- .'!I Ii 5"'" l'.l I;l ":1 &- ..... _ c .!!! 0 -'J:: 00'- c." ._ C ~ 0 oU = .. .s .. o lU,... ~e. <Il ! (,.,IN! U i ~_l U I , = I U I ! al". U al i u'"'l al ...., u ! ~-i I ~a..l ul!!l .) 8'"" I u....1 u ' ~~I ""-1 I 0....1 u , 8-1 z u o o o o o o o o o o o o o oj I > ;. .:: II J . IJ)'I -,!l ~ ~ .ji . Jli f i a ~ a._ ~ 1 :j.!~ ~I ... B.i - _I .. '! /I !l. ~' l'l i!...] e ~: . 1] e ~ 15 w: . J ~.; .~ rn'. 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'fll ->j. iiJl1 ~~~lj~)=!i~" t ~I~ ~ 00 ~~~ ~~~ ",00", --'" _"'0 --- ~~} . - o o o EXHIBIT A .,..lZ!IO I", I ~~ N U : I I '" i e-! I I lOOOlU OOCO"'I!- ICCOlU OOOO"'l!- 0 , is I I I IOOOIU ooco"'u!- a:... U ::ICIU Q~IIAo:f-l a:", U I I ICOOCU COIC"'I!- C a:.... U OU OOOOCU CCCC'" I!- 0 a:_ U 1 1 :OOCOU . . . o COO'" I!- 0 co. U~ ... = U C IOOOOU OOOO"'I!- 0 c", U IU IOOCIU OOIO"'I!- rn Iiol rn ~ Q Iiol i: i IiIiI iii. II;, o E- rn - ..l C'I.l E- U ~ <IJ - Q ... < - ~ IiIiI ::E ::E o u 8.... IU ~O~OIU OCIC"'I!- C c", U::: I I IOOOIU OCCC"'I!- C Q.... U IC~OIU COIC'" I!- U , I Q- U IQ~QQU OC:Ca.lfo-- U ~ 1 I I C~ C I U C C 'I Q'" 1 !- j ~ !:i ~ ,- ~ -J] >. ~j ~ 'i ] "! ~ ft' ~~ .; ~ ji ~ l~jj i ~~ i ~ c i~<e ,~ ~a f ~ s i!-!,~ '" >.B ] ij .', l!' Ii s> a <l <l'~ ~J1i- ~ l>.~ = ~ ~ ~ >- ~ ~ ~ ~ ,~ j ~ IS> ii ~ j ~ ~ i j !- ~ u _j >. U ~ M l~, u ~ ;;J ril ;> lj~ l j dj",~ .!:~ ufU ~ ~ ~ 1]] j' ~ l~flI;1~~filtli !S jl'l,":Q ::l;::!;O"'.e", a",;e!",,,, "'!-"'!- a~i ~~~~~d ~N~.~~~ ~ ~ ~-- -----.... ........................... .... - = 8 IiIiI as <( E- ...... '" 0!5' S a '" - j is 'li i I ,e iii ,Il 51 :a ,~ 2 ..!l ... o 1! 1 .s <l is ':i .a s j ~ ,!:l o ~ ..c u ~ B ] M .j o ]' .. '" '" ,e >. 8::: jj -~ <- -I: ... 8 ia~ 1-; ~ g :l ll'-: U "lli!-::l; ~ :: ~ 1IC-1Z90 INDUS'I'RIAL DISTRICl'S - 1'.08 o EXHIBIT B CHAPI'ER 19.08 INDUSTRIAL DISTRICI'S 19.08.020 PERMI1TED, DEVELOPMENT PERMITTED AND CONDmONALLY PERMI1TED USES The followina list represents those primary uses in tile manufacturingliDdustrial zoning districts which arc Permitted (P), subject to a Development Pcnnit (0) or a CoDditiona1 Use Pcnnit (C): TABLE 08.01 INDUSTRIAL DISTRICl'S usr OF PERM1TI'ED USES Me 888 1216193 LAND USE AC'I1VITY CH OIP II.. m IE 1. An'ellIlOJY IIrUCIIueSIuses lypicalIy appur1I:lIlIDt to s D D D D D principsl1y permiaed land use aivity; 2. Agricullll1'S1 ProductIon<rops; D D 0 3. Agricul1ura1 Services; D D D 4. AssembIiD&. cleanin&, IlllllUfacturina, procetlina, D D' D D repairiDg or lIeSIiog of products int!h"'hIa ."tnmnrive relaled (ClUZpC dismaDtIiD&) IIId weIdiD& IIId e""h"'ing explosives, .........0I'fed entirely widIin an "llC1osed SlIUCtUn: except for sc:1eeIIed ouldoor IIllIraJe areas; 5. AsscmbIing, c1canin&, 1DIIIIUfaclurin, processiDg. repair D D of producls. research, 1IllIraJe, lIeSIiJII or whlllmlr land uses (ClUZpC explosives) willi a portion of die operadoo (oIber Ibm 1lOJ'II&e) occ:urring 0UISide of lhe eucloeed structure: A. Oulside land uses in lhe CH IIId 1H dislricts wiIbin C C ISO feet of a residential land use district; 6. COIIC_ batch pISDlI, proc:essiog of minerals IIId C C aurc&* IIId olher related land uses, DOt including e.<ll':lioa sctiviIies; 7. cremaiory; D D D 8. DwdJina uuit for a lWl-1ime securily guaId IIId family; D D D 9. Educalional Service, includina dsy care; D D D C 10. Emerxencv Shelters ~ ~ 0 11. En1ertSimnentlRecrestiona1 Uses: .,..12l1O INDUSTRIAL DISTRIcrs - 19.01 LAND USE ACTIVITY CR OIP IL IH IE 0 A. AcluIl Entertainment C C B. Audiuriuns, CooVClllioo Ha1Is and 1bcaIers C C C. Miscellaneous Indoor; and D C D D D. Miscellaneous Ourdoor C C C C 12. Finaucial; D D 13. Fuel Dealers; C C D 14. Funeral ParlorsIMortuarics; D D D 15. GasoIiDe Service Statioos; D D D 16. HeliportslHelipads; C C C C C 17. Impound Vchic1c Srorage Yards (with or withoullDwin&) C C D IS. Membersbip orpni.Jltinn., iDcludiDa teliaioos facilities, D D D I1Il:etins bills, and fralemallodges; 19. MqlExtraction, iocluding auregsle, coal, gas, mctaI C and oil; 20. Mobile Home Dca1ers (sales and service); D D D 21. Oftices/Servk:es (administnlive and professional); D D D 22. Outdoor COIIlI'lIClor'S, lumber. and rental yards and D D D D stonge aress for building supplies; I 0 23. Outdoor Horticu1tura1 Nurseries; D D D D 24. Parkins Lots; D D D D D 15. Persooa1 Services; D 1)3 1)3 26. Pipelines (As defiDed by Sectiott 19.20.030[12][EJ or as C C C C C supelsedW by Swe or FedenIlaw); 27. Public uti1ity uses, distributioa and tr--mi..inn D D D D D subetatIoas and cornmllni<o..tIon equlpmem structures; 28. PubIisbinglPrintin Plants; D D D D 29. Railrmd Yards; D 30. Recycling FsciIities; (In compliance with Section 19.06.030[2][p]) 31. Research and Dcvclopmem. including Iaboralories; D D D D 32. Retsi1 c...........:ial; D 1)3 1)3 33. SsIvap and Wrecking (dismantling) yards; C C 34. SaJvqe and Wrec:ltini Facilities (comp1cle1y within an C C C enclosed strucIIIre); 10 3j. Social Service Cenrers; C' ""12!1O INDUSl'RIAL DISI'RICTS - 19.08 LAND USE ACTIVITY CD OIP n. m IE 0 36. Swsp Meets; C C C C 37. Towing Services; D D D 38. TransportslionlDistribution; D D D 39. TI1ICIi: Stops; C C 40. Veterinary Servicesf AnimalIloanliDg; D 0 41. WlQ'"hn..oi"ll and WbolesaliDg, iDcludina self-service D D D miDi-storage; and 42. Other A. Antennas, SsteIlite lIIId Vertical; D D D 0 D B. C.....ni"ll/JIIIitoriaI; 0 D D C. Copy CclIIersIPoscal Service CentmlBIueprinting; D D D D. Equestriaa Tnils; P P P P P E. FeDCCSIWaIls; 0 D D D D F. PolicclFire Protection; D D D D D G. Single-Family ResidenIia1 P P P P P (Existing - MC 823 312192); and H. Temporary Uses (Subject III [T] Temporuy Use T T T T T PmDiI) 'Except auto related. 0 2Pmuined in the 1l.........."""'" Shelter OverIsv DisIrict. IIUnUaIIl to ChaDIer 19.10-B. 3 1ncidenIa11D a primsry use, and COIIIaloed widIin a primsry IltruCIIIre (IS~ max.). 'Commission reoo....~ 1D Cameu for tiDal determination. 0Iber similar uses which dJe Direclor fmds 10 tit wilhin !be purposelinleDt of !be zones, in coqJliance with Section 19.02.070(3). 1/1 1/1 o ""12!1O EMERGENCY SHELTER OVERLAY DISTRICf -IU~E o EXHIBIT C CHAPTER 19.10-E EMERGENCY SHELTER OVERLAY DISTRICT 19.10-E.OIO PURPOSE The Il\IlIIOBe of this chapter is to provide for areas within the CH, eo........cla1 HeaVY and IL, IDdustria1 Lilbt Iaod use distrids as .efe.......d ia Table 06.01 of n..- 19.06 and Table 08.01 of ~ 19.08. where ~" sbeIten. ia _daa..oe widl Go~e.lIiaWoll Code Section 6SS83, are a1lowed witbout a ."wlrinnlal UlIe oermit or other cIitcIetiou..y oermiL R~.;.C the IIl!:ed for available and aft'onIabIe sites for establithrna.nt of emeraeDtV sbdters outside the tradirinna1 locations in commercial distticta, the Emeraencv Sbdter Overlay Distric:l provides severaI area wiab1n the CH and n. distticta for DeW --'\' sIIeIten to be dea.aIlod with c...... n c;a) and liabt industrial 1IIeS and fl1lal,.. IOCial services tbrou........ the City. The DUlDOSC of tile df!QG'fttIhIwt bouodaries (area of 8DD1ic1biJity) is to 1llA'1l1.._1.~ die ~d:'1 for provision of cmeraeDCY shelter and SUDIlOIt services throulltout the City of San BernardiDo. o 19.10-E.02O APPLICABD..ITY The Emeraencv Shelter Overlay District sballllDDlv to CH, Commctclal Heavy and IL, lDdustria1 Light land use districts as soecifiecI ia ..4.",- - ~ widl the FmIueocY Sbdter Overlay Distric:l and llVIiIabIe ia the 1)el,cJ......._.. Services De.-bua4. All land use reaa..... and dew1oa...-t. sumdanIs for _-cW and iDdusUiIl UlIeS as ~W in ~ 19.06 and 19.08 sball remain in effect. The effect of the Ilmeraeatv Shelter 0verJay Disttict sball be to dcfioe the area of applicability where eu:temeocV sheltm sba11 also be Del'IIIittId with Director lIDDfOVlII, and to add aaaal and ~fic ckveklJ.,,,,,.. ........... for emet"ReDCY sIIdters wilbl.J! the CH and IL land UlIe districts. 19.10-E.03O GENERAL PROVISIONS 1. EmefRIICV shelters located wiab1n the EmerIeflCY Shelter Overlay District sba1l be developed and 0DeI1Iled &'CCJI'dina to the land use reauIations. develOOo..eul -...lArds and dcsian ltUideIines for the CH and IL Districts. as SIlPlicable, as well as 0IIDter 19.10-E. 2. Emerllencv shelters sball be oermitted with the lIDOrOvaI of a DeveloDmettr Permit TYDe 1 wiab1n the EmerIencv SbeIter Overlay District as soecificd in Table 06.01 of c-h.;p.... 19.06 and Table 08.01 ofCbapter 19.08. o o o o 1IC-12!1O EMERGENCY SHELTER OVERLAY DISTRICI' -19.18-E 19 1. The followinlz -..d.m. nil 8DDlv to ~"''''.... of ""'~.~.-'V sbeItms within the J:iL_~ ~--:v~" 0verIav DiItric:t: A EMERGENCY!i:J.rnT TERS P.m.. .~lrLV shelters.. nmvidino ~"'..r'"-81V Ivwwi... and IIIDM.lt ~ to m--I- ~.... !dud' be 8E.....j~i ill the FJMA~_'!V ~ 0verIav DiIIrk:t of the CH.. r.iV.,~..~._":.1 Heavv.M n... 1""......... T.ipt t.nd.... di.f.L.t. _~ to thIt ..d....L.... in thi. ~ As ~.I_..J......... with .--4:..1.. ~~I....Ilft..,,__~..~ IYNil&HlI~ ~.~.are aiM ~tinnallv ~.__:ttAf ill !I!JWftI"........_. 1..1 t.nd .. d.....,... aM 1hr--+"'1be n.. ''''''",""I 'i8J't ....... _ dilll'id_ The ibltn...iae _....... ....11 be _.dud h devel~.lYN or....hli.L-..d offl!lll.oClJolJI(...~........... in the P~~rLV ~Ow.r.Iv District: (1) The maximlllll-nthtt ..........,m, ....11 be 35: (2) The """,im.nn ....."'" of slav ....11 be 6 mnnth... (3\ The site nil be w.-I DO _ than ~ miL;, from a N.hll" ........at Ii..... (4) Anv ~ or existina: structure Di:oaosed for use as an &"ftoA.~_-:y ~ __II meet CUI1'eIIt Oiliflwni. R'IIildino Code reauL~..",w:nk (5) Off-street lIlII'Ici_ ....11 be nrnvitIM at a ratio of.- .......... Del' 1.000 SGIIIR teet of IIIOSS 800r -. IX' ..... --- fiIr - .........- OIl the ~ lIhift Dlus 0IIIl ___ for~h..... ~v'Ulll!lWoJ.nlmltbreevi....~ whi..fu:wr.is ~~''':''''a (6) F~no MId extr.rior li~1HI' &"".m.nuino to the dP.wrJ1tvmuwwt abIndtnwI. of~ 19.20 shall be I'IllI1Iinld to """""" the __...tv of site ft'!lIi.......... m A securitv and -- .~d.un ....11 be I'IllI1Iinld to .t..mnn_ __ ....... And l'!tINIhilitv to ~... the ~---..v shelter in a sale .... efftx:tNe nll8lu~... ind1vtin.. ~~ .~:n.w of tile foJlowina: (al F~8 liohtino video ...-..~as. suvf anvntlwr DbYsical ~ iJlhl!l-W to omvide 01' f!II~ -...1I'itV for ~rn And ..fl". (b) ~ffmo ot-n- i~ll1di1W' the QI..li~t1nn. and f'11HnVWtC11tilitM. of all staff members and the number IIId DOSitioas of""""........... on - ""ift: ee) JIror-h..... """ nnlici... fIX' ..""...i.,.. of nntenti..1 residents to idowi1;r individl..l. who ehnuId be .And to ~, tBdllti.. 1~:''''''d,.1 care facili . other. . law Ii ties.. servtce --cw en 0l'M'.~.': o o o 1IC-1Z!IO EMERGENCY SHELTER OVERLAY DISTRICl' -IUG-E Cd) Plans and oolicies for daily ooerations and SUDet'Vision of residents: Ce) Support services to be offered to residents. including life stills pining. counselina, refer!'al to other service aaeocies and job pIaccment ,ui_""-e: (0 Plans to coordinate services of the facilitY with other homeless service providers in San Beroardino CouulY, to improve the effectiveaess of the network of aaeocies servina the homeless, countYWide. o o o .,..lZ!IO LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 1 Exhibit D-1 iJ NORTH "\ 0= 132ft o o I I I ,0 ~1Z!IO Exhibit D-2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2a ~ NORTH .r~~ , (C) Ci~ of San Bernardino. .. ....~I1r 1"1 o o o ""1Z!IO Exhibit D.2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2b ~ NORTH j ~. liC) Cily of San Bemanllno.A .~..--4 ~ r 1 = o o o 1IC-1Z!IO LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 3 WlWillI \ IIIJ I J CARQUNE (C) City of SlIn BeI'll8n:tlno . , exhibit D-3 1J NORTH FARMI.:ANO_ 0=' " ""lZ!IO Exhibit D-4 LOCATION MAP o CITY OF SAN BERNARDINO PLANNING DIVISION Are. 4 LJ NORTH em[j I . .. 8ASELINE-Sr . II. < t- p )J J> ~11.......L...J'~5TH' J> r.; (.') m 'I o (-_..... l!CJ ci..: of San Bemllrdlno .. r -< Z :E o o o I I"": <0 C/) :TI m !J r.-.. -;>' ~ () l/l n o I ""lZ!IO exhibit 0.5 LOCATION MAP o CITY OF SAN BERNARDINO PLANNING DIVISION Are. 5 LJ NORTH - (C) City of Siln Bemardlno., _A --.A - ......11 L m I -1~TH , ~'~ 0' S;. -'11 ;U -:< m EVA~ ~ ::< I~ 15TH rn Q 1~TH n m z ~ o OJ m ;;0 ^ m .. m ~ !J) 1113THa= ~ 0= (') III 0....... ~ I l>- (") fit ;;0 ~ l>U Om r 8ASEUNE-Sl 111111111 ,,( IIII o o o 03/1j!/2009 10:26 ,/ MAILING ADl>RISS 1'0 Box 970 Son .B~'nQ,.d""o, CA 92402.0970 Ph"".: (909) 383-1602 FtI%; (909) 889-7312 BO"RD OF DJ'R.ECTORS DiGm And.r,rOh. RUI)"i"lf ChUd", /(a,hryn &vi" S"rah HarrisDn. 'Veall'tce Jews . William Loflg Paulo Mclemo,.e Ma", Par'" rot;"",l'cwk)' oherl Saenz Mary Textira mber V,mtl.,. H~l Xtcutiye.Dircctor elda Griffin .....ProfiL SOI(C)(J) Tax ExempU 9S.J16tJ212 ] ~adoAS ~ Tax Deducdble i:sir au 011 drI wb ta: .Opt;onIJm,,$c.~ . Ut"'tiDOd'--y Kecelvea: 9513682550 Mar 1l lUUa 11:J~am ICLS RIVERSIDE PAGE 02/04 RECEIVED-CITY CLERK Op~ion House, Inc. ,ZSO'I1AR 12 . . rfltervDrliOII fIIUI PNvttlltion SBVU:U ,,4gIUlCJI PI1 ,. So 813 NortIr "D" Stnet. Ste. 3. Sail Bellardillo, C4 92401 VIA FAX ONLY Marcl11l"' 2009 Mayor Pa1rick Morris Membets of the City Council City of San Bernardino 300 N. "0" Street San Bernardino, CA 92418 Re: APPEAL OF CONDITIONAL USE PERMIl' NO.08-21 FOR 840 N. SlEKRA WAY, SAN BERNARDINO; HEARING DATE: 3/1612009 Honorable Mayor Morris and Respeclled Members oftbe City Counci~ I am writing to request a continuance of the hearing on the above-mentioned appeal so that the voices of opposition from Option House are heard by the counciL The Executive Ditector of Option House, Velda Griffin IIId me, the Vice-President of the Board of Directors at Option House, are scheduled to meet with Assemblywoman Carter and Senator McLeod in Sacramento on 3/16/09 to taIIc: about budget cuts affecting victims of domestic violence in San Bernardino. California Partnership to End Domestic Violence (CPEDY) manges these meetings once a year for shelters to connect directly wi1h elected representatives and this year lhe meetings are going to focus on the nUd in Sacramento to keep local citizens in mind when making tough decisions on allocating funds and cutting back funds. This is the OIlly cl1l111ce Option House has to be heard in Sacramento and to garner support for the worlc we do to end violence in our commun ity lIDd make Sill Bemazdino a safe place for families. Unfortunately, March 16& 2009 is also the day when the city council for Sail Bernardino will hear the appeal on denial of conditional use permit No. 08-21 and I strongly recommend denial of the permit for the facility. W"ile we at Optioa House s..pport the work tot tile facility propolCli to do, we stroagly feel that the proposed locatiOD ia lUI5DitabJe lor thD type of f'aeiJity.llI particular, tIIu facility is gOiDg tel be prec:ariouly close tel a sbelter for domestic violeace victims aad their fllJllilies that ba$ provided a safe-b_ for Seeing "ioleace in the home for .1m0lt tIIirty (30) yean iD t"e city of San Beroardmo. The sbelter is operated by OptiOJlHoase u.d is tbe only shelter ofits kind i. a 40-mile radius.of....e city of Sa. BelDardillO. As a reslllt of operatillg this sbelter, Option House bas bee. able to _ u a SI!C:lU'e, safe aDd reliable resolln:c for those sarv;von ud families of domeatie violeaee wIIo waut to eDd the c:yde of abuse and begin a new life bere ill tbe city of San Bernardino. Together, We ATe Making A Difference SB/'IIUIg BatrBrBd Women t>1Hi Childr", Sine,; J977 /lgt-ltl/a J:te... -#2f "3/ IIJ/ 0'1 03/12/2009 10:26 .' lII"ILING ADDRESs PO Bo:c 970 SO" Bf/7rl11'di"o, CA 92.102-0970 Pho",,: (909) 383-1602 Fax: (909) 889-7312 BOARD OF DIRECTORS Dl"l14 Anderso" R..yli.g C",",,,# Kmn"," Mi. Saran Harri&on Vstmoics Jews Willio", Long Paula Mcl.emore MOly POI'ks Proti",a PQ1tdt:)1 Robrn Soe"" ary T~Jttira mber Yandor Relll ecutive Director f/<k1Gri/li" on-Profil SO\(C)(J) """ Excnlpl ~ 95-3760212 I Donationn.. Tox DocIuClibtc UU w em the web ar: Wlf.opf'itmhoJLf4,orr . U"'ili:lCO'~ Necelvea: 9513682550 liar It lUU::t I' ..:Ioam ICLS RIVERSIDE PAGE 03/04 Option House, Inc. IlItD'11elltiolllllld Prr:vmtUJn Services Agellcy 813 No"" UD" Strut, Ste. 3, Sa" &muuditro, C4 92401 Page 2 To place a facility housiDg parolees, SOllIe of whom may be pa-pe1rators of domestic violence on parole from. the sentence for abusing their MUieS, will directly threaten the safety of the vel)' victims who fled the crimes committed by potential rc.sidents of the proposed facility. I would like to voice in particular my CODcerns for the following: A) Vally iDcrease the cJuauces of jeoparcliziDg saldy of Dill' resideats aDd their childrell; B) Tile lac:k of ..y other siDol.r f.cility for domestie violeace victillUl ill the city of Saa Beraarcli.ao leaviag victillUl witb choosing to stay ill a violeat home or leave to go f.r from tlleir childrell'. ichool, their s.,port system, their jurisdictioa for family I.... eases., etc.; C) The poteatW cll.il1i.g e8'eet OD future victims aDd families 'll<bo W.llt to fIH violeace b1lt are afnid that ~ey lOigbt ellcoullter- "'e very abDser they fted from if tloey move to ollr shlter aDdlmow th.t the proposed facility is operatiag Dcarby; D) Tile iIlcrellSe ill crime statistics ill the city of Saa BeraantiDo falulting hm fewer lSmilies asillg our !aciDly aad services due to its safety CODteras; E) The mesll8ge ....t the city collDcll "illend out if the pel'lllit is grukd- FleeiDg from Family Violmce is not .. ilDportaDt as rehabilitatillg the lives of perpetnton of falIIiJy vioIuee. I have a more exhaustive list of CODCCnl$ that I will be able to voice if pettDitted to have a hearing. As a practicing attorney representiog low income victims of domestic violence, it is my experience and opinion that fleeing family violeDce, seeking assistance to break the cycle of abuse and approaching ageacies like Option House for help are Dill easy choices for victims to make. H....e WUlt to ....ke the city of Saa BemardiDo . place where &mi6es know their safety aDd security .re priorities to the govenaillg lDembers oftloe city od to the elected representatives of the city, tbe coulldllDust deDY the graat of tile pel'lllit for r_as th.t tlte locatioll of the raaliiy wiD chiU . 3O-year effort at eDdiag violeDte ill our commuDity. Wlule for-profit agencies, like the one seeking the pennit, have the option to seek another IocBtion within the city more suitable for the proposed facility, Option House cannot go anywhere. If the permit wen: to be granted at the location above, our residents' safety will be jeopardized and they will return Of remain in the vel)' enviromnent that potential residents of the proposed facility committed the crimes that they are 01\ parole for. Together, We Are Making A Difference SlI'Ving Barrel'ed WO"'''" tIJId ChildrUl Si7u:e J 977 03/12/2009 10:26 .- MAILlI'lC 4DDRESS PO B"" 970 Sa" &"nal"dino, CA 92402-0970 Ph.,.,,: (909) J8J-1602 Fta: (909) 889-7312 BOARD OF DIRECTORS DiGfff! Anderso" Ru..vIi'1( C'-g K"'h~." Ervi. Sarah HQ1',.i.1on V,a'rice Jtw$ Willi.", L01l$ Paula McLemore rOlima Pa~ ohm Saenz ary Tu,w mho, Vander H.u/ xeeutive Director .lda Griffi" N n-Prollt SOI(C)(3) Tax Exempt II 95-3760212 A DonationsmTu: .Deductible U""~CI ""u ru:a.:t:IVCU. 9513682550 IIIdl ,,'VV"' 11."gGRI ICLS RIVERSIDE PAGE 04/04 Option House, Inc. IIIIU1JeIlliDII _d P,evenJitJ" Suvicu Agmcy 813 North *D" Street, St& J, Stili BemardbuJ, C4 92401 Page 3 For these and related rea500s that can be better voiced at a hearing. I strongly urge the council to vote against grantins the CODditiODaI use permit and deny the appeal in the interest of continuing to work towards providing safe havens for families fleeing domestic violence. This will Dot cmly 1Ie1l~ the riglat message to the residents of our historic: city but will also let the COIIlDlunity know that we a.... stiJI a city "'.e.... &miIies eome first. If the council allows a continuance of tile bearing on 3116/09, Velda Griffin and me will be present before the council at its next meeting on 416109 and testifY to these and other questions that the council may have while detennining the outcome of the appeal. Thank you for putting families first in the city of San Bernardino. We hope fOJ' a favol'llble outcome to the appeal- a denial. Respectfully, ~~eY Attomey At Law Vice-President, Board ofDiI'ectors, OptiOD House Inc. Together, We Are Making A Difference Serving Batter.d WO""" and Chiltb-UI Si"", 1977 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION ~ Date: February 20, 2009 Subject: Conditional Use Permit No. 08-21 (Appeal No. 08-07) - Appeal of the Planning Commission's denial of a Conditional Use Permit to convert an existing 6,747 square foot church building into a 56-bed homeless shelter with related support facilites and office space located at 840 North Sierra Way in the RM, Residential Medium land use district. MCC Date: March 16,2009 From: Valerie C. Ross, Director Dept: Development Services Synopsis of Previous Council Action: None Recommended Motion: That the hearing be closed and that the Mayor & Common Council deny Appeal No. 08-07 and uphold the Planning Commission's denial of Conditional Use Permit No. 08-21, based on the recommended Findings of Fact. Alternative Motion: That the hearing be closed and that the Mayor & Common Council grant Appeal No. 08-07, declare an intent to approve Conditional Use Permit No. 08-21 and continue the matter for two weeks to consider Findings of Fact and Conditions of Approval. WwVu.~ Valerie C. Ross Contact Person: Amn Liang, Senior Planner, ext. 3332 Pbone: 384-5057 Supporting data attacbed: Staff Report Ward: I FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) Account Description: Finance: Council Notes: Agenda Item No. ;).'1 3- /'-oCf - _. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACflON STAFF REPORT SUBJECT: Conditional Use Permit No. 08-21 (Appeal No. 08-07) - Appeal of the Planning Commission's denial of a Conditional Use Permit to convert an existing 6,747 square foot church building into a 56-bed homeless shelter with related support and office space located at 840 North Sierra Way in the RM, Residential Medium land use district. OWNER: Faith Temple AP Ministries 840 North Sierra Way San Bernardino, CA 92401 909.215.8683 APPELLANT: Garnett Newcombe Human Potential Consultants, LLC 500 East Carson Plaza, Dr. No. 127 Carson, CA 90746 310.756.1560 Backuound: The appellant is appealing the Planning Commission denial of Conditional Use Permit (CUP) No. 08-21 to convert an existing 6,747 square foot church building into a 56-bed homeless shelter with related support and office space located at 840 North Sierra Way in the RM, Residential Medium land use district (Exhibit 1 - Location Map). Ibis project was originally scheduled for review by the Planning Commission on September 16, 2008. The item was continued to October 21, 2008 to allow time for staff to address the issue of Senate Bill 2 (SB2) compliance raised by the applicant. At the Planning Commission Meeting of October 21, 2008, the Planning Commission opened the public hearing and received public testimony on the subject matter. After a lengthy discussion including comments from the City Attorney's Office, San Bernardino Police Department, several concerned citizens, supporters of the projects and the applicant, the Planning Commission closed the public hearing and Commissioner Munoz made a motion to deny Conditional Use Permit No. 08-21 and continue the item to November 5, 2008 for adoption of findings and final action. Commissioner Mulvihill seconded the motion, which carried unanimously with Commissioners Coute, Durr, Heasley, Mulvihill, Munoz, Rawls and Sauerbrun voting to deny the project. Commissioners Hawkins and Longville were absent. On November 5, 2008, the Planning Commission considered Findings of Fact prepared based on information presented to the Planning Commission and comments and conclusions of the Planning Commission during the public hearing. Commissioner Munoz made the motion to adopt the Findings of Fact and deny Conditional Use Permit No. 08-21. Commissioner Heasley seconded the motion, which carried with the votes of Commissioners Durr, Heasley, Munoz, Rawls and Sauerbrun. Commissioners Longville and Mulvihill voted against the motion. Commissioners Coute and Hawkins were absent. All reports and findings presented to the - Planning Commission are attached as Exhibit 2. Conditional Use Permit No. 08-2 j (App",,1 No. 08-0"/ Hearing Date: March 16, 2009 Page2or2 The applicant filed Appeal No. 08-07 (Exhibit 3) on November 20, 2008, to request that the Mayor and Common Council overturn the decision of the Planning Commission. The Appeal application states that the Planning Commission action to deny the appeal conflicts with Federal, State and local laws, including the State Housing Accountability Act and State Housing Element law. The Appeal application is supplemented by a letter from Remy De La Peza of Public Counsel Law Center dated November 26, 2008 (Exhibit 4). A fmal set of Findings of Fact for denial of CUP No. 08-21, prepared by the City Attorney's office, is attached as Exhibit 5. Financial ImDact: No impact. The appellant paid applicable processing fees. Recommendation: Staff recommends that the Mayor & Common Council deny Appeal No. 08-07 and uphold the Planning Commission's denial of CUP No. 08-21. An alternative motion is also provided. Attachments: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Location Map Staff Report and Memoranda to the Planning Commission Appeal No. 08-07 Letter dated November 26, 2008 from Public Counsel Law Center Findings of Fact '- EXHIBIT 1 CITY OF SAN BERNARDINO LOCATION MAP PLANNING DIVISION HEARING DATE: 03/16/2009 PROJECT: Conditional Use Permit 08-21 (Appeal 08-07) NORTH C/J - m ::0 :::a ). 8TH - --, (C) C~f San Bernar~!no.: ~.. .~,....II.I ... . Oe:a42ft " . EXHIBIT 2 '--- CITY OF SAN BERNARDINO Development Services Department - Planning Division Interoffice Memorandum TO: Planning Co~ission /J !? 7':vr'~~ Terri Rahhal, Deputy Director/City Planner FROM: SUBJECT: Agenda Item 2: CUP No. 08-21 - Human Potential Consultants DATE: November 5, 2008 COPIES: Valerie C. Ross, Director; John Wilson, Senior Assistant City Attorney The attached Findings and Conclusion were prepared based on the evidence presented to the Planning Commission at the public hearing on October 21, 2008 and the written record consisting of the materials submitted to the Commission by the applicant, City staff, and members of the public. Recommended Motion: That the Planning Commission (I) deny Conditional Use Permit No. 08-21 based on the evidence presented to the Commission at the public hearing held on October 21, 2008 and the written record consisting of the materials submitted to the Commission by the applicant, City staff, and members of the public, and (2) adopt the Findings and Conclusion prepared on the basis of that evidence. , Attachment: Findings and Conclusion "- CITY OF SAN BERNARDINO PLANNING COMMISSION FINDINGS AND CONCLUSION OF THE COMMISSION IN THE MATTER OF CONDITIONAL USE PERMIT NO. 08-21 Proposed for adoption at regular meeting of November 5, 2008 (Matter continued from regular meeting of October 16, 2008 for adoption of findings) FINDINGS AND CONCLUSION Based on the evidence presented at the public hearing and the written record consisting of the materials submitted by the applicant, City staff, and members of the public, the Commission finds: 1. BACKGROUND FACTS 1.1 The applicant seeks a Conditional Use Permit for an Adult Education, Employment and Residential Center. The applicant states that the occupants of the facility would be homeless individuals. 1.2 Abutting the proposed project site to the north, west, and south of the site are residential properties in the Residential Medium land use district. Directly across the street from the site are single-family residences in the Residential Medium-High district. 1.3 There are currently ten existing homeless shelters in the City of San Bernardino and two mare under construction. Existing facilities provide 265 beds. Space for another 164 beds is under construction. 1.4 On October 20,2008, the Mayor and Common Council of the City of San Bernardino enacted an urgency ordinance establishing within the City the Emergency Shelter Overlay District. The Overlay District consists of a designated area within the Industrial Light land use district in which emergency shelters are allowed as a permitted use without a conditional use permit or other discretionary permit. 2. PROJECT REVIEW STANDARDS The applicant asserted before the Planning Commission that its proposed project was required to be reviewed under the provisions of California Government Code section 65589.5, subdivision (d). Those provisions limit the ability of a local agency to deny approval for a proposed "emergency shelter." .- 1 '-' The Commission finds that the proposed project, described by the applicant as an Adult Education, Employment and Residential Center (AEERC), does not share the characteristics of an emergency shelter as set forth in California Government Code section 65582 and California Health and Safety Code sections 50801 and 50801.5, in that: 2.1 Spaces at the AEERC would not be filled on a first-come-first-served basis, by admitting any person needing emergency shelter who requested admission. Instead, prospective residents would be required to have a referral source to enroll at the facility. In addition, potential residents would be screened for suitability based on their ability to benefit from an intensive training program. 2.2 The AEERC would not provide minimal supportive services for homeless persons, but would instead require participation in a full curriculum of educational activities for which not all individuals seeking emergency shelter would qualify. 2.3 Occupancy of the AEERC would not necessarily be limited to six months but rather, according to the applicant, an extension could be allowed, on case by case basis. 3. PUBLIC SAFETY CONCERNS 3.1 The Commission finds that it is likely that many or all of the occupants of the AEERC would be individuals on parole or probation. The San Bernardino Police Department advised the Commission that the resident population of the applicant's similar facility in the Riverside area consisted entirely of parolees and probationers. 3.2 The Commission further finds that there is already a high concentration of parolees/probationers in the area of the proposed project, which along with other conditions makes it difficult for the Police Department to service the area. The Commission finds that the applicant was asked whether it would consider excluding parolees/probationers or limiting their number at the proposed facility, but the applicant was unable or unwilling to do so. 3.3 The Commission finds that past experience with parolee/probationer housing facilities in the City has been unsatisfactory. From August 1998 to May 2001, a 24-unit facility operated on North H Street. The concentration of parolees/probationers resulted in an extreme number of calls for service that forced the Police Department, in conjunction with Code Enforcement and other elements of the City, to shut down the facility in the interest of public safety. From 1999 to 2002, a 14-unit apartment parolee/probationer facility operated on North H Street. As a result of an extremely high incidence of calls for service associated with parolees, the Police Department eventually shut that facility down as well. 3.4 In view of this prior experience, the Commission has concerns regarding security at the proposed facility if, as appears to be the case, all or a substantial portion of the residents would be parolees/probationers. The Commission finds that these concerns have not been - 2 adequately addressed. In particular, the applicant did not provide any specificity as to what security training it would give personnel in charge of managing the facility. 3.5 The Commission also has concerns regarding the applicant's procedures for discharging residents, which concerns the Commission finds have not been adequately addressed. The applicant stated that if a resident of the proposed facility were under the influence of a mind altering substance not prescribed, the person would be given a referral for shelter for the night and asked to leave the facility immediately. There was no mention of any intent to contact the Police Department in that event. The Commission is concerned that this situation could lead to the release of a dangerous individual into the community without the Police Department's knowledge. 3.6 The Commission finds that security concerns raised by the potential for unsupervised release of facility residents into the community have not been adequately addressed. The applicant stated that it planned to maintain a day laborer program, but there was no indication of whether the facility would allow residents out on the street unsupervised to permit them to get day jobs. 4. LAND USE CONFLICTS The Commission finds that adverse impacts on neighboring land uses would result from approval of the project that could not be avoided with the adoption of the ameliorative measures the applicant was able and willing to adopt. The most notable of these impacts would be the effect of the project on Option House, a women's shelter for victims of domestic violence, and on the planned Lincoln II Elementary School. 4.1 Option House was the first domestic violence shelter in California and has been at its location for 26 years. The facility is located in close proximity to the proposed project site. It maintains 32 beds, not counting cribs. Victims of domestic violence sometimes are placed at Option House the same evening they report being abused, at a time when they are particularly fragile. 4.2 Option House is the only domestic violence shelter located in the central San Bernardino Valley region. The Commission finds that if a facility that might be housing domestic abusers were located in close proximity to Option House, domestic violence victims in the central Valley region might be discouraged from turning to Option House. 4.3 Women residing at Option House who have employment or are students must continue to attend work or school. In addition, other Option House residents must leave the facility from time to time to attend to daily affairs. Due to the proximity of Option House to the proposed project site, if the project were approved Option House residents would have occasion to walk by the AEERC. The Commission finds that the possibility that perpetrators of domestic violence, and potentially the actual perpetrator of violence against an Option House resident, .-. 3 could be residing in close proximity would increase fear in the Option House residents and interfere with their free enjoyment of the shelter and its environs. 4.4 According to the applicant's Chief Operations Officer, among the training programs offered at the AEERC would be anger management and domestic violence training. In addition, the applicant stated it would not conduct criminal history checks on prospective residents who are on parole or probation. The Commission finds, therefore, that it appears the AEERC would accept residents with a history of domestic violence. 4.5 The proposed project site is located about 150 feet from the site of the planned Lincoln II Elementary School. The school is planned to begin operation in 2011. The Commission finds that undesirable contacts between students walking by the facility and residents of the facility likely would occur. 4.6 The applicant proposed that it mitigate the impacts of the project on the school by agreeing to relocate the AEERC after two years, when the school is expected to open, and to replace the AEERC at that time with a use that would complement the school, such as providing youth-oriented educational programs. However, the applicant never specified what the subsequent use would be, what would happen if the planned subsequent use proved infeasible at the end of the two years, or what would happen if the property were sold. The Commission finds that without specific information on these points, the proposal that a limited-term conditional use permit be granted cannot adequately be considered. The Commission further finds that a limited- term conditional use permit, even if followed by an appropriate subsequent use, would not mitigate the immediate conflicts with the neighboring land uses that would exist if the proposed proj ect were approved. 5. ZONING AND GENERAL PLAN CONFLICTS 5.1 The Commission finds that the proposed AEERC would be inconsistent with both the City's zoning ordinance (Development Code) and its General Plan, as they existed on the date the project application for CUP No. 08-21 was deemed complete, May 27,2008. 5.2 Section 19.04.030(2)(T) of the Development Code requires social services to conform to the residential density standard of the underlying land use designation, and to have a level of intensity compatible with the residential district surrounding the site. As originally proposed, the project was to accommodate 56 residents. After consultation with staff, the applicant agreed to reduce the number of residents to 36. However, even that number would be at the extreme high end of the density allowed for the land use district, and would be the equivalent of assuming the maximum permitted number of dwellings on the Y:z-acre site (6), each with the maximum number of assumed residents per dwelling (6). The actual intensity of the use would be even greater, given the staffing requirements and the non-residential activity that would occur at the site on a daily basis. . - 4 5.3 Furthermore, Section 19.04.030(2)(T)(9) of the Development Code requires a one-acre minimum site area to establish a social service in a residential land use district. The Commission fmds that the \-1- acre project site does not conform to this standard of the zoning ordinance. 5.4 The Commission further finds that the proposed project would not be consistent with the General Plan in that, for the reasons noted above, the proposed project would alter the character of the surrounding neighborhood. Existing homes in the immediate vicinity of the proposed project are single-family residences. The Commission finds that introduction of a social services facility with a dense residential component would conflict with General Plan Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding land uses." General Plan Policy 2.2.10 provides: "The protection of the quality oflife shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation ofprojects that result in impacts that outweigh benefits to the public." 6. CONCLUSION For the reasons previously noted, the Commission finds that the proposed project would impair the integrity and character of the surrounding residential neighborhood where the project is proposed. Therefore, the Commission concludes that the necessary findings to approve Conditional Use Permit No. 08-21 cannot be made. - 5 ."; TO: CITY OF SAN BERNARDINO DevelopmeDt Services DepartmeDt - PlaDDiDg DivisioD IDteroffice MemoraDdum Planning Commission e....//f Terri Rahhal, Deputy Director/City Planner 7t '.-..J FROM: SUBJECT: AgeDda Item 1: CUP No, 08-21- HumaD PoteDtial CODsultaDts proposal to cODvert aD existiDg church located at 840 North Sierra Way to a 56-bed homeless shelter DATE: October 16, 2008 COPIES: Valerie C. Ross, Director; Henry Empeilo, Senior Deputy City Attorney BackgrouDd: Item I on the October 21, 2008 Planning Commission agenda is a request for a Conditional Use Permit (CUP No. 08-21) to convert an existing 6,747 square foot church located at 840 North Sierra Way to a 56-bed homeless shelter. The applicant is Human Potential Consultants, LLC. Originally scheduled for hearing on September 16, 2008, this item was continued without a staff presentation or a public hearing. Staff requested the continuance to October 21, 2008 to address the applicant's assertion that SB 2 (Senate Bill 2 of 2007, effective January I, 2008) would preclude the City from denying the subject project. ) SB2 amended California Housing Element law and the Housing Accountability Act to reduce obstacles to development of emergency shelters for the homeless. A primary reason for SB2, as stated in the law, is to reverse the trend of concentration of homeless individuals ui poorer communities by requiring every city and county to plan for development of additional homeless shelter capacity. A copy ofSB2 and a technical assistance memo from the California Department of Housing and Community Development (HCD) dated May 7, 2008 was distributed to the Planning Commission on October 7, 2008. Public Counsel Law Center, a non-profit agency serving Los Angeles County, submitted a letter of support for CUP No. 08-21 (Attachment A). This letter also warns the City about the provisions of SB2, including potential limits on the City's ability to deny any application to provide emergency shelter for the homeless. Staff met with the applicant on October 8, 2008, to discuss details of the project, as well as the CUP review and appeal processes. Upon considering the land use conflicts discussed in the September 16, 2008 staff report, the applicant proposed a copcept of interim use of the site as a homeless shelter and subsequent conversion of the site to provide youth-oriented services in the future. The applicant's revised proposal, supplemental program information and project site photos are attached as Attachment B. ) '- CUP No. 08-21 - Human Potential Consultants 10/16/08 Memo to Planning Commission Page 2 of 3 - SB2 Compliance: Staff is currently working with a consultant, The Planning Center, to update the City's General Plan Housing Element. SB2 compliance is a major component of this effort. In order to comply with SB2 pending completion and certification of the Housing Element, the City Attorney will present an urgency ordinance to the Mayor and COlmcil for adoption on October 20, 2008. The Request for Council Action and ordinance, if adopted, will be distributed at the Planning Commission meeting. The ordinance will establish an overlay district within a portion of the IL, Industrial Light land use district to encourage establishment of emergency shelters, which will be permitted by right in the specified area of the Overlay District. Development standards and siting criteria for emergency shelters are included in the ordinance, consistent with the provisions ofSB2, in Section 65583 (a)(4)(A) of the Government Code. Another provision of SB2, Government Code Section 65589.5 (d), limits the authority of a local agency to disapprove an emergency shelter unless one or more of 5 specified findings are made. Some elements of the specified fmdings are already discussed in the September 16, 2008 staff report as standard findings for approval of a Conditional Use Permit. However, to comply with the specific requirements of SB2 for denial of CUP No. 08-21, staff offers the following additional finding as a supplement to the findings in the September 16, 2008 staff report: Additional Finding of Fact: '-' The emergency shelter, as proposed by CUP No. 08-21, would be inconsistent with both the zoning ordinance (Development Code) and the General Plan, as they existed on the date the project application for CUP No. 08-21 was deemed complete, May 27, 2008. As noted in the' staff report dated September 16, 2008, the project site is too small to accommodate 56 residents in a manner that would be compatible with the low-intensity land use of the surrounding neighborhood. The site is located in the RM, Residential Medium land use district, which permits single and multiple dwelling units, up to a maximum density of 12 dwelling units per acre. The RM district also permits social services subject to the requirements of Section 19.04.030(2)(T) of the Development Code, which requires social services to conform to the residential density standard of the underlying land use designation, and to have a level of intensity compatible with the residential district surrounding the site. The proposed project does not conform to these requirements of Section 19.04.030(2XT) as follows: The proposed emergency shelter for 56 individuals would far exceed the maximum residential density permitted in the RM land use district. Utilizing a range from the average household occupancy of 3.2 persons per dwelling to the maximum assumption of 6 residents per dwelling, a 56-resident facility would be equivalent to 9 - 18 dwelling units. Since the site is only \t2 acre, the equivalent density would be 18 - 36 units per acre. The intensity of the use would be even greater, given the staffing requirements and the non-residential activity that would occur at the site on a daily basis. The maximum residential density permitted on the project site would be 6 units, which would accommodate a range of 20 - 36 residents. Furthermore, Section 19.04.030(2)(T)(9) of the Development Code requires a one- acre minimum site area to establish a social service in a residential land use district. The Y... acre project site does not conform to this standard of the zoning ordinance. - CUP No. 08.21 - Human Potential Consultants 10/16/08 Memo to Planning Commission Page 3 on '- The proposed project would not be consistent with the General Plan. The application for CUP No. 08-21 was deemed complete on May 27, 2008. At that time, the City of San Bernardino General Plan Housing Element was certified, in full compliance with the requirements of HCD. As noted in the September 16, 2008 staff report, the proposed project would alter the character of the surrounding neighborhood, where existing homes in the immediate vicinity are single-family residences. Introduction of a social service with a dense residential component would conflict with General Plan Goal 2.2: "Promote development that integrates with and minimizes impacts on surrounding land uses." Therefore, based on General Plan Policy 2.2.10: "The protection of the quality of life shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public. " CUP No. 08-21 should not be approved. Conclusions: The applicant's alternative proposal to establish a homeless shelter as an interim use and to eventually convert the facility to a youth-oriented service facility would be superior to the original proposal. However, the ability of the City to enforce a planned land use change would be limited, and incompatibility of the shelter facility with existing single family residences in the area remains a concern, even in the short term. Another meeting is planned to review security, operation and management plans for the proposed facility with the Police Department on Friday, October 17, 2008. Staff will reserve its final recommendation on CUP No. 08-21 for the oral staff report to the Planning Commission on October 21, 2008. In the meantime, the previous staff recommendation to deny the project stands, as follows: ~- Recommendation: Staff recommends that the Planning Commission consider the staff reports and recommendations, together with testimony from the applicant and members of the public, as well as the attached supplemental information, and that the Planning Commission deny Conditional Use Permit No. 08-21. Recommended Motion: That the hearing be closed and that the Planning Commission deny Conditional Use Permit No. 08-21 based on the Findings of Fact presented in the September 16, 2008 staff report and the additional Finding of Fact in the staff report memorandum dated October 16, 2008. Attachments: A. Letter of Support for Human Potential Consultants and CUP No. 08-21, from Public Counsel Law Center of Los Angeles, CA dated October 10, 2008, B. Letter and Supplemental Program Information from Human Potential Consultants dated October 14, 2008 C. Background documents related to the proposed urgency ordinance '- ~~om:~Jblic Counsel 213 385 9089 10/10/2008 ATTACHMENT A ~~~ L A VI C E N T I! R 610 SOU1ll MDMORE AVENUE LOS ANGELI'S, CALI.'OItNlA 90005 TELEPHONE: 213/385-2977 FAX; 213/385-90~9 TIlE PUBUC ~IEREST LAW Of'FICEOFTHE WS A."<<.it:.U:S COUNTY AND BEVERLY HIlLS BARASSOCIATIONS FACSIMILE COVER LEITER DATE: 10/10108 PLEASE DELIVER THE FOLLOWING ~ PAGE(S) (WHICH INCLUDES THIS COVER): TO: e..~ of St::\n ~u~~ino Ptdnni".'Oi CcmWlIS'S.'l7Y\i atv €{erK FROM: Pemj De.ltt Pc.UI F8.I#: (~D"')~-9>I30 i (~oef) ~S4- SlgB REMARKS: A~(~ is ~ l~ _ Pu!;lfic ColAnsel r(..~ -HIt oct. 2J , ZOO13 hl"lI~ DVI C Ll P N D. 0&-;1-1. T~n" '10lA. ~~~ (213) 385-2."171 l( 2~r The information contained. in thi!il fac.~imile message is privileged and confidential. It u. ink:ndcd o.u1y foe the use of the indiyjrlual named abovc, Iftbe recipient of this mcsimile is an individual or entily other thall that named .bove, any \L'lIC, di~-w:mination, distribution or reproduction is strictly prohibited. If you have received this communication in error, please notitY us by telephone and retUrn the original to \IS via V.S, Poslal Service. Thank you, . ~. Received 10-10-2008 05:16pm from-213 385 9089 T o-C!TV OF SAN BERNARD J Par. 00 I >>a.tJwot'~<aU lANJ'AM.~ 0-_ lPN^THl\N ANSCHEll mnFon.- su.w.............SIa.:.~"R....UJ> .IAUES ... ASPEiU:.bk ..~';~6ti'llJ' ~rutl\G't fl"" llJ' '~~(";Htr Ir.lYMnai. ~ o.-.l'..Uc..~u.P m&.COCK ~~~P!lAND DYANA, OICICD t.WUC K. '~'f!ij; I;U ~.ir-PS.or-llJ' CaoootlT&ANS ~~"",,"llJ' ~<h.?M""Pft.-..ll.P PLI. !SMI:'M lJ: ~~... ~-=,fE~A!'!-C ~~T... r;:;:::1il'ZW' ~1.0 E. HANOUiIl TI\w-..,~AlloooIln-UP nANHA1'r.fof ::t'~{~:tNl!Y" .......w " "- LLr'" ME.U5SAD. ~ ~."""JP DA.VID o. JOJ-fN3Qlof- ~iik..:.:.:JilHNSON ~~~'~OY .... llJ' .. L<2ARUS Allin 0..111 .sa.. "'- II Fad UJ' """""1. LEVIN. ).f....k-...11P DAVIOll.llIlA Cv.MI , JCa. B~ L MALMLUNO tflfcu~ARo" ~~,.....~w> ""~~~ LM'1M!..U' THPOnoR" '" \II".': ....~ ~~llJ' ~~Mlml"'" MUlU'HY"' aoNALO 1. N'BSSlW - -.... -~'U"'" - ,...r~ =t~~LAJi..,. tlJVm W" ~.OOlll<- O'"^",,,N , .A 1..__ UJ> ~".0XlBY e:rnu.~1',~1.U' ::m~W a.;.. 0.- AN"1'&o.Nt ~ f'J.B5S '""-_".........11' ~T.m.ncx:m.VEll M~.......W' f;H;t~t..c~.... ll'a:~(,.....W' ~~~ fife ~...." H~UJ' JX)U.... IV __I I r..,~~r...:. AUAN L """"" ~mtou.LU ~+T."~ fiPi:~n ~~~~~lilu.- ~~LU ~~~~:l.lNof!-W'. or.,. '1rSN ~Yl..lt',II"&......_W' :m5i.W..'S.Sl>ij.j0UiA ~~~__UJ =[~ ~~.. _Y~~~'u.P >AVID A. SWJJl.t2 ttTt~I!f.1tl. ..........fi1~~c.n.Elbr1LP ....rT_VTrin-.I.TTTTF." :".....~___u.P t:uXA. un.ENA.}1\,. ~?'7<""'''''eot,cems mentioned in FJndinSS of Fact from Staff Report SunUnuy from City of San l.Iernardino CBiiiT~~:r' Phmninl!Diviliionre: ConditionaJUsePennitNo. 08-21. hearing date September 16, 2008 ~ D. WOOD '_'QllUI 8:NETH ZlPPJ.~ ti:~AoG~.aL ~_____ ""l ."-"'""........ -- _ ..,.J From:~Jblic Counsel 213 386 9089 10/10/2008 18:34 1159 P.llC2/0t13 ~~ ~cpnalJOL&l WA'r'NEM.Bll.iISKY" - ~u.;,-~~L v_~ ,.,......._tJ~ S1'VttSH to ncx::Er."'l '""- ~.C'.I;"",..U- Mo\llTHA:a. fORO/\1'o- r_ ~''lIV.....~ H!JtN..\N O. VC\A "",,-,,,>,0 ~L..~;:-",,",<> LAW CBNTBIl THS:'UBUC INTiJliST LAW omcaoPn-nlI...OEiANOIiUS cot..'N:'T AN~ B&VIi.Il:...Y M~ --.~rlONS The Sa~ c.Jdgm...'\tt&tiag uf ;t.., l...a...,...' (,;aauau....;~ CMI i.ic:iu- ti.... u. Selll vUI faestmJJe to: 909-384-5080 October 10, 2008 City of Son Bernardino Planning Commission 300 North "D" Street San Bernardino, CA 92418 Re: October 21,2008 Planning Commission Meeting Conditional Use Permit No. 08-21 Dear Commissioners: Public Counsel is a non-profit public interest law firm dedicated to advancing equal justice under the law by delivering free legal services to indigent and underrepresented children and adults throughout Los Angeles County. In furthernnce of Public Counsel's mission, the Community Development Project's lIousing Opportunities, Preservation and F.nforcement ("HOPE") Unit advocates for local land use policies that further the production and preservation of affordable housing in cities throughoUI\h.. COWlty. We are currently collaborating with cities in the development of their housing elements for the 2008-2014 planning period to ensure compliance with state law requirements and La ensure lhat the housing element mea,ningfully and adequately responds to the housing needs of the City's lower-income and homel.."" I1l8id..nls. We understand that a proposal has been made by Human Potential Consultants, LLC to conven an existing building at 840 N. SilOlJ1l Way into a homeless facility . We also understand that the original hearing (September 16, 2008) on this application has been continued to October 21, 2008 to give staff additional time and opportunity to research applicable state law in the context of some of the concerns that were raised in the public hearing process (including. impairment of the integrity and character of the land IL"" district; negative impacts on quality of life; security issues surrounding activities of the residents; disturbing the existing peace and harmony of \h.. surrounding residential neighborhood; nuisance. of traffic, noise, light; security issues for children at play in the Seccombc Lake recreation area and walking to future elementary school in close proximity; adv....... La tWo public interest, health, safety, convenience and welfare of City; site not physically suitable). . W.. lire writing to advise you that the City would take a significant risk in making a decision to deny an emergency shelter under applicable law, including, but not limited to, California Senate Rill 2 ("Sa 2") and the Housing Accountability Act. ~ '.0. DOX7t5900e tOSANCtu:s.CA?OC76G9OQ eT!l.. Zt).J8S.2971 F!JC. 211.]85.')08') -WWW.PUBUCCOUNSELOW -n.~re ;H nn ,,-e.cer jratice thlUJ eqwJ ,justice. #II Received 10-10-2008 05;16po From-213 385 9089 To-CITY OF SAN BERNARDI Po.e 002 .;=rom:Public Counsel 213 385 9089 10/10/2008 18:34 11159 P.OC3/003 Page 2 of2 - You may be aware that the City has failed to adopt a housing element for the current planning period (2008-2014), which was due to the State Oepartment of Housing and Community Oevelopm""l ("HCO'") by June 30, 2008. The City's udopted 2008-2014 housing element must comply with SB 2, eft'ective Jan~ I, 2008, which strengthened existing state law to provide opportunitie.~ for the development of emergency shelters (as well as transitional and supportive housing) by ensuring that every local government has the zoning and land use controls in placc to cncourngc this hOlL~ing type. The City's housing element should include the fullowing: . Estimate of the number ofpcrsons in need of emergency shelter in the City of San Bernardino (including analysis of both seasonal and annual need); . Identification of at least one zone permitting emcrgency shelters without a conditional use permit or other discretionary review. This zonc or zones must have sufficient capacity to meet aU orlbe City's identitied need for emergency shelter and applicable land use controls must encourage and facilitate the development of emergency shelters; · If the City does not currently have such a zone, a program to lIffilood illl Zoning Code to provide a sufficient 7.onC or 7nnes within one year of adoptiou of its housing clement. - Based on the requirements outlined ahove, prior to making any decision to deny this application, tbc City must assess whether such denial would make it more difficuh for the City to meet the requirements of SB 2 becaWle, lIffiong olber things, it must identitY additionallaod with capacity availahlc for emergency shelters. To the extent the City asserts it has adequate 1'C90un:es available to meet its existing homeless needs, the City should make clear the grounds on which this assertion is based, including any calculations made. Regardless, the City is still severcly Iimitcd in it.. ahility to deny this application under the Housing Accountability Act, particularly because it does not have a valid housing element. We welcome a meeting with the City to discuss these issues in further detail. v cry truly yours, ~~'C? ) Attorney Equal Justice Works Fellow Public Counsel Law Center cc: Tony R.hh.hl, Planning Oirector (rahhahl te@sbcitv OTl1:) AIoll Liang, Senior Planner (lian" arfiilsbcitv.OrlZ) '- Received 10-10-2008 05:16PM From-21l 385 9089 To-CITY OF SAN BERNARDI Pa.. 003 ATTACHMENT B ~~=-~~. - Ckrobc:r J4. 2008 ('tt)' urSan Bernardino ~fs. Tmi Rahhal, P!:mnmg Dm:ctor \1r. Aron llang. Senior Planner .~lJO N. 0 Strm San Bemanhno. Ca 91418 HE: ellP 08-11_ 848~. SlelTI WI)', San B.rn.,diao Ikar \15. Rahhal & \1r. liang- rhank you for taking the time to met.=1 with lluman Polenual Consultants. L.L.e.. ItIP(~1 Ia...t W\:dnesday. ()eMOer ~tIl, 2008. We found the mectmg to be beneficial through the ,:Iant) that \"'$ provided on a number of points. In an effort to respond complc(c1~. we .lre providmg additIOnal material that may not have been circulated pnor. Additionally. we are outlinmg S()mc of our vision for the future use uflhe building on X40 N SIerra Way. - \Vith regard 10 many ufthe qucstlollllO abuut the site U~. integratlOn (3..1{ pan (lfthe ...urrounding l;ommunity) and safety. we are including addinonal infonnation regardmg the safery plan as wclla5 programming for the site. This additiunal documentatIOn wIll ~ho": a ..met pulicy that all resld~nts iII1e required to tollow as tcnnf) of their stay The ~fCIY plan monitors and ensures that all policies an being enforced. There are 'itrict mgrC's....egre~~ control mea.<roreslo reduce 3Ctf\"lty at the SltC'. We strongly helic\'C' Ihat thl~ model nut only ser\'cs III create structure and fU!itcr the growth and development of Its ft..'Sldcnts ","'hlle they arC' there. hut its progr.unmmg also t;onsldcrs the surroundmg IlI..'ighborhood and respects Hlany of the same social panem.<; ~"l as to he d guod lll'lghhor It t~ undear. as .....as made cloIJenl in tbe mcetlDg. that the Polu.:c Department 'Was provIded all materials as presented hy If PC. As such. those necessary Items are cnclo"icd .\Iso. as (lfthe dale thi...lcner w;u suhmittC'd. City StatTha\'c been unable to rl'ach \is. Sharon Crawford lor foIlO\"-.up. Other discrtpaOl.:ies Wl:re verified inlhe mecting, and while many of Ihe/jC mailers were danficd, It is our understanding that the :otatf repon will he revi~ed to retlect less ofa presumpruous understandmg of the building':; use. and a more rrao;onable intrrpretation ofthr reJeloaDl facts a~ the)' pertain to the proposed U\C' ..tnll It"; applicability to the City's zoning.l-ode To better understand the SoilC'. an aenal photo 15 being attached as part of this ...uhmlnal. J.~ well as photos {)f the nClghborhood direclly surrounding the sUe. Come,t plays a kc)o' - '- role In understanding wh) thls site is perfectly situated for our proposed use In the shon temt \\;,hlle the Clty:md SchtXJI Districts' plans for me m:a show great promise for future growth. II IS dear mal neither the Seccombe Lake redevelopment. nor the new dementary school are likely to come to fruition in the next few )"cars. IIPC' mtend.. to keep the property in a manner that is well groomed and attractl\'C In "arurC'. In an ..-ffon to maintain the character oflbe existing area, UPC' proposed fenl;m~ thai IS similar to thai oflhc adjacent cemetery. but it appeared to be ILOSS than well received by planning ~tatTin th.:ir rcpon. IlPC is open to alk-mati..c perimeter fencing malenals. and feels [hat in combination with adequate JaOli~apmg. the street "ceDC \1,'111 be more than r~ntahle While ~Iatfwas most hdpfullD as!tisl1ng IlPC to understand Its concerns. there were nul J.n) suggestions from ~la1Ton how to work ..ith us on crafhng 3. strJ.tegy to making. ~nfon:cablc commitments .....Ithin thc ConditionallJse Permit conditions. IIPC was laded with suggeshng altemah"cs to long term use for thc Mte. Some dISCUSSI(lR ~urroundmg a 'sun..~d clause' for the permit was made. hut '\taffw3.'i hesitant to commit. tiP(' even ~uggC'ited a deed re~triction for the property. hut ClUff's hellcfwas that it was only J start. and not something they could cnforce. If is LOur shun Ie"" guaL.1I lhis MtC. tu be abk to proVide ~cr\,I(;l:S to the homdc~ utill7.lng 3 strate!!)' that has heen proven to work. The area In whll.:h this buildmg IS located Will allow Us to begin laking strides in that direction. Howc\cr. thiS location IS hnutL-d 10 sUe. and Will only serve to begin assisting those m need. It IS the goal of HPC to e,'entually relocate to largt."f qU4lrler5. rhereby wO\l:rllfig Ihis budding infO a use that would enhance the 'iurroundmg neighborhood. rhe rl:\'lsed uS( will 1 n(; ludc c~ntinued provision of <;er\"IC~ tor thost' in need of training In the area. I hesc !K:r\lces may include trainmg and services complimentary TO that of 3n .:du\.:at1Unal faCility, Gll,cn the adjacent planned school. this location may he anle tf' provide additIOnal programming calenng to the llX.'aJ youm IIpe \\ ill \.:untmuc: to wurk "ith the school district to \.:r\.'31C 3' parmc~hlp for providing 50uch cou~s. With this proposal for future lIse. we arc [ask.~ wuh findmg a mutually agreeahle terminology that Will satlsf)>' our intt.:rcst to be~lD SCf\ing the homdt'ss in this area \10. tll Ie guar.mteeing the City and Its rc'lOldc:nts that rhlS use will be relocated once certain, agrC1:d upon. trigger actions are real.-hed. Such ilL'lions \.:ould indude such things like reltlCatlOn ,)f "PC ..en'lee.. tot Ihe htlmeless to another ;lrea unce tht' Cc:nitkatc: tlfO\:cupancy lS lS~U..xl for th< !<ochoa!. Or, .should the redevelopment occUr finit. 4 change In use tied tn ~Uildjng pennit Is!ouam;e or Similar appro\'aI could he utilized. HPC IS Willing It) .l\.:i.:Cpt a condition lhat hmils the use ufthlli fa(;lillY as a humeless shelter once rea..<;onahle activit)> on the aforementioned plan.. [akes place. Flnallv we ha\'C mduJed the rdc-vanl .natl..ticCl on the homeless popularilln in San Bema~dino. "icnate 81111 abo pronJes a ~trllng toundation for supportmg thiS ~'PC of rennll. Their amocacy group has also pru...idcd input on our Pro.lt.-'Ct, and thelT !cner is -- --,- InduJ(.-d. By ~te~m@.lhe num~B In these ~lOIh~IU':llo In tandem wllh the: ..-um:nl numbct ofa\'3.liable c;:1015 ser\'ins the l:ummunif) ma slmd.ar c3pat'rfy tn lhat of HP('"!!i prognun. It hc-comcs deaf thallhlllypc of project will pro'w'IOe a largely wKh.~f\'~d pofIularion \A, IIh the tools ll<<e'Ssary 10 Inregrate ba..:k into socitty. Other sites CUJ1'ef1tJy operatmg m the (jty do not have the capacllY fO provide the extensive tralnmg and programnllng that liP<' has outlmed. HP<. "s theus I~ to ser\'e the community of San Hemardlno. As such. Ihc.'Jr I,\oal i. lu hill: from", lthan the community and '-"lI1I'lu)" a!\ man)' df lheir rt'sidmts ')ucc:cssfuUy IlPC l~ fOf""".ud to lindJl\@ 01 mUIWlII) agRCabk: wlUlJon In !l.hun term and long lenn .,..;(."fL1rtOS for [hie;: "lie If my ~ue~tlo"-" or aOdItiunal m"1C~nal\ J.n:' rl."qum:d. please ~,)nu..."'1 "'Icole \1oun~ JI 'itl'l-2l1:'-bJ":'fI or nen nbc.l,,"4Jn"~JJm"~],Jtl-.:om lllank )lIU l.lT ~..\U lime .tlkl ,oru.IJer,mon m thi!'> rT1d.tter '1I1ccrcly. (~l) 'Ar3<,...rI rl:~. C..Ju..-~ Dr l1MTh.'"n 'C\\ ..-.Ilnhc: cEO lIuman P,'lcnfl.1ll ',"'n~ltanB. L L t" '"<.- '- '1,~'~TAHTUC "- August 13, 2008 Mr. Aaron Liang Sr. Planner Development Services Department City of San Bernardino 300 North "D" Street San Bernardino, CA. 92418 RE: Responses to Questions Raised by San Bernardino Police Department on July 31, 2008 at the City of San Bernardino, Development Service Department, Environmental Review Committee Dear Mr. Liang: Pursuant to the request from the San Bernardino Police Department, Human Potential Consultants, LLC has provided a response that is an addendum to our previous information submitted to the City of San Bernardino, Planning Department regarding our Adult Education, Employment and Residential Center (AEERC) site. Our Security Plan addresses activities such as: site security, discipline/seizure, disturbance control, facility containment/parking, search and seizure and emergency evacuation procedures. HPC maintains for all its sites an operations manual that details specific procedures and policies related to site operations. We have provided some preliminary detail for our proposed facility site: Adult Education, Employment and Residential Center (AEERC) at 840 N. Sierra Way, San Bernardino, CA. 92410. The AEERC includes a program effective security plan that encompasses the installation and use of six (6) security cameras in the following areas: a) Kitchen/Dining Stations, b) Resident Living Quarters, c) Front Entrance and door, d) Side/Back Patio and door e) parking area and the f) recreation room. - The CV0204DVR (Digital Camera Video Recorder) is s feature packed digital video camera recording system. This complete system comes with four outdoor cameras that can be displayed all at the same time (quad view). AEERC has the capability of customizing the recording and to set a 24- hour recording schedule based on preferences. The DVR may record continuously during the day, then record only when motion is detected at night. Each camera is equipped with AEERC.Conditional Use Pennit No. 08-21 Human Potential Consultants, LLC 10/14/2008 - night vision, so that security guards/monitors can view and record in total darkness. The Digital Camera Video Recorder's list of features and system operating materials are below. . 4CH DVR w/ 160GB hard drive . 4 0./67 Cameras . 1 DVR Power Adapter . 4 x 60ft RCA video/power wire . 4 Camera Power Adapter . 5 BNC connectors . RJ-45 Ethernet Cable . Software Installation CD . RCA to RCA Wire (male) The AEERC will additionally use two Indoor Speed Dome (270x Day/Night) Zoom cameras. The day/night high-resolution indoor speed dome with a super Spherical pan/tilt will continuously rotate 360 degrees, records 24 hours with automatic turn over of 180 degrees. It has 27x optical and lOx digital zoom capability, delivering 270x zoom power that captures the finest details. RS-485 Communication channels are available for remote control purposes and may be programmed for 64 preset precise locations of target areas. The AEERC utilizes a Biometric Hand Punch - touch Station for facility inGress I eGress control. computerized by a log system to capture resident sign in/out. Case managers and guards/monitors use the hand unit to record resident time, attendance, monitor and control building access and track program activities. The system provides safeguards against security threats and eliminates "buddy punching". The unit is constructed of injection-molded plastic, lightweight with a silicon rubber keypad and an internal lithium battery to keep time and calendar in event of a power outage. There is no parking of resident vehicles at this facility or loitering allowed and the AEERC will provide limited transportation for common trips and off site storage. The facility will be gated, establishing a controlled environment for educational and programming purposes. No, drug/alcohol use is tolerated by homeless residents and surveillance is maintained through ongoing and continued observation of resident behaviors, searches, random testing, and is also based on the client assessment, previous history, and current status in relation to substance abuse. Overall, our guards/monitors will be uniformed, trained in all matters related to emergency and disaster procedures outlined in our manuals. - AEERC-Conditional Use Permit No. 08-21 Human Potential Consultants, LLC 2 10/1412008 The AEERC Emeraencv Evacuation Dlan and quarterly emergency drills will be conducted and are fully documented to include date and time, evacuation path used, number of staff participants, and visitors involved. The documentation of the emergency drill will also include the amount of time to complete the drill, and other pertinent comments. The drill will also include the testing of smoke detectors. Fire drills will ensure familiarity with exits in an organized manner. The following summary procedures will be documented and implemented at all AEERC facilities: A. Designation of Emergency Drill Coordinators B. Diagrammed Emergency Drill Plan C. Emergency Procedures D. Drill Documentation The AEERC has a written Disturbance Control Plan (DCP) in the event of a major disturbance at one of the AEERC sites. The plan shall include crowd control procedures, steps for requesting after hours emergency transportation of resident participants at temporary facilities, assistance from local law enforcement and/or emergency agencies as circumstances warrant. The follOWing summary procedures are documented and implemented at all AEERC facilities: A. Definition of Disturbance B. Emergency Procedures Implementation and Monitoring C. Notification Procedures for Disturbances /Intervention D. Disturbance Resolution and Documentation A copy of the disturbance report shall be maintained in the facility's central administrative filing system, and a copy provided to the AEERC Project Manager. The AEERC, Search and Seizure Dolicv/Drocedures establish measures to control the introduction/possession of contraband at the AEERC program site in order to maintain a safe and secure environment for staff and resident participants. Control is accomplished through searches of participants and participant's living and common areas. Possession of contraband as will result in disciplinary action and confiscation of the contraband. The following procedures provide specific guidelines for searches, including the completion of appropriate reports and accompanying documentation. - AEERC.Conditional Use Permit No. 08.21 Human Potential Consultants, LLC 3 10/1412008 A. - B. C. D. E. Unauthorized Property/Illegal Contraband/Illegal Drugs and Controlled Substance Defined General Guidelines on Search and Seizure Policy and Authorized Personnel Facility Search Procedures. Seizure Definition/Policy Staff Reporting of Contraband A copy of the contraband report shall be maintained in the facility's central administrative filing system, and a copy provided to the AEERC Project Manager. Guidelines pertaining to AEERC participants' Proaressive Di$Cillline Policy and basic rules of conduct, and policies that address zero tolerance on alcohol and drugs use, fraternization, smoking and personal appearance and hygiene are outlined on Sections B8 - B12 of the AEERC Handbook. Serious violations of these rules may result in disciplinary actions that can lead to immediate discharge from the program. The AEERC Program shall classify reports of rule violations as Administrative Rule Violations or Serious Rule Violations. - A. Rule Violations Defined: Administrative or Serious B. Disciplinary Methods: Counseling or Violation Report C. Supervising Case Manager Review of Disciplinary Actions A copy of the rule violation report shall be maintained in the facility's central administrative filing system, and a copy provided to the AEERC Project Manager. Human Potential Consultants, LLC has taken time and good faith measures to ensure proper understanding, education and cooperation for proposed operation of the AEERC for the benefit of the highly concentrated homeless population in Ward 1 and Supervisor District 5 and for the city and county of San Bernardino, California. Sincerely, Garnett Newcombe CEO _. AEERC-Conditional Use Permit No. 08.21 Human Potential Consultants. LLC 4 10/14/2008 - ...- W ...J ::) C W :E: o en :E c( c::: /8 c::: C- o 1m ,0 i i i - - ... .. ie .. - ." .. .. .; I! ~ .. ... c . ., ff ~ " .. 1: .. t I! . .c .. ~ -8 : c .. i t J f o :E I i .. '"' m < ... m < .. ., Q .. - . 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'S; '> t.c.+-' o +-' 00 Z ::J ro .gr >- ro ~ ro .... .... Q) .- w z o 'V ex> E o .:: 2007 San Bernardino County Homeless Census and Survey Summary - According to the San Bernardino County Homeless Census, 7,331 respondents were homeless at the point-in-time that Census was conducted. An annual estimation of 17,551 people will also experience homelessness. - · 1,420 of the respondents reside in District 1 (City of San Bernardino) · The ethnic breakdown of those respondents is as follows: o 44% Caucasian o 24% African American o 21.8% Hispanic/Latino · The gender breakdown of the respondents is as follows: o 63.1% are male o 35.8% are female · The age range of the highest numbers homeless respondents is as follows: o 31.3% are 41-50 o 27.1% are 31-40 o 18.9% are 22-30 · 17% of the respondents are United States Veterans, with 6.3.5% rate of honorable discharge from the military · 38.1% of the respondents are chronically homeless · 23.7% respondents experienced a loss of employment, and 23.5% cite the use of alcohol and drugs as the top two reasons for their current homeless status. · Reasons cited for homelessness: o 33.9% of respondents are unemployed because they did not have a permanent address o 32.1% had no transportation o 29.3% had no phone o 24.3% were using Alcohol/Drugs o 23.5% did not have appropriate clothing · 71.9% of respondents reported that they were living in San Bernardino County at the time they became homeless · Ofthe 83.4% of unsheltered respondents in San Bernardino County: o 21.9 % are on the streets of San Bernardino city o 11% are living in emergency shelters o 5.6% are living in transitional housing. · 34.5% of County-wide respondents have less than a high school diploma, and 35.2% of respondents have obtained their high school diploma. · 26.3% of respondents were currently experiencing mental Illness and 42.0% were experiencing depression · 66.9% of the respondents are NOT using Mental Health Services · 54.0% of respondents were not receiving government assistance services · 82% of respondents were not aware of the San Bernardino County 211 Help Line - - ATTACHMENT C CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES F. PEJ'..'MAN City Attorney Subj ect: 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, A..1I/D 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 L VING 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: October 17, 2008 MCC Date: October 20, 2008 Synopsis of Previous Conncil Action: October 1, 2007- Mayor and Council approved CUP No. 07-03 to aJ]owthe Salvation Army to construct a two story, 34,833 square foot, 124 bed mens shelter and rehabilitation center on 8.8 acres at 363 South Doo]ittle Road. October 15,2007- Mayor and Council approved Ordinance No. MC-1258 amending Deve]oprnent Code Section ]9.08.020, 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 Reso]ution 2008-]51, an Agreement with the Planning Center to provide an update of the City's Genera] Plan Housing Element, including an analysis ofthe need for emergency homeless shelters. Recommended motion: That said Urgency Ordinance be adopted. Phone: Ward: Source: Finance: 5355 1st Contact person: Henrv Emoeflo. Jr.. Sr. Deouty Citv Attornev Supporting data attached: Staff Re.port FUNDING REQUIREMENTS: Amount: Council Notes: -,.,_. Agenda Item No. ;2 4 F.\EMPENO\Ordmances\EmergencyShelten;.RCA-Urgency Ord1nance - IO-16-08.......pd STAFF REPORT Council Meeting Date: October 20, 2008 TO: FROM: DATE: AGENDA ITEM: Mayor and Common Council James F. Penman, City Attorney October 17, 2008 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 ABUILDING PERMIT WITHIN AREAS OFTHE IL, INDUSTRIAL LIGHT, LAND USE DISTRICT LYING SOUTH OF 300 STREET, EAST OF WATERMAN AVENUE, AND NORTH OF CENTRAl AVENUE, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY. Background: Senate Bill 2 (Chapter 633, Statutes of2007, effective January 1, 2008) has been adopted by the State to encourage the location of "emergency shelters" i.e. emergency homeless shelters. Senate Bill 2 works in two ways. First, it requires the amendment of the General Plan Housing Element. The principal modification is the identification of a zone in which an emergency shelter can be established as a permitted use without a conditional use permit or other discretionary permit, and without conditions except as specified in the statute. Any draft housing element submitted to the California State Department of Housing and Community Development after March 31, 2008 will be required to comply with Senate Bill 2. Second, and presently, Senate Bill 2 prohibits the denial of an application to establish an emergency shelter within any zone except upon the making of specified findings based on substantial evidence in the record. The City currently permits the establishment of emergency shelters in numerous commercial land use districts and in the Residential Medium, Residential Medium High, and Residential High land use districts with a conditional use permit. Emergency shelterslhomeless shelters have recently been permitted in the IL, Industrial Light Land Use District, subject to a conditional use permit and the approval of the Mayor and Common Council. The City cannot deny a conditional use permit for an emergency shelter unless the proper findings can be made to deny that application pursuant to Senate Bill 2. Under Senate Bill 2, one ground for denial of an application for an emergency shelter is that the proposed project is inconsistent with both the jurisdiction's zoning ordinance and general plan land use designation, and the jurisdiction has adopted a revised housing element that is in substantial compliance with the applicable portions of the statute. Siting an emergency shelter in other than the districts described above, and without a conditional use permit is inconsistent with the City's Development Code and General Plan. The City does not currently have a revised Housing Element. F:',EMPENO\Ordinances\EmergencyShelters Staff Report - IO-16..Q8.wpd However, Senate Bill 2 provides that where a local government 1) has in place an ordinance that identifies a zone or zones where emergency shelters are a permitted use without a conditional use permit or other discretionary permit and, 2) are not subject to conditions for development that are distinct from those for residential or commercial development in the same zone and, 3) otherwise apply only such conditions as are specified in Senate Bill 2, the jurisdiction need not take additional action to identify zones for emergency shelters. The urgency ordinance presented to you for adoption puts in place an ordinance that meets the requirements of Senate Bill 2 with respect to permitting approval of an emergency shelter without a conditional use permit, and otherwise limiting any conditions on that approval to those authorized by Senate Bill 2. This right of approval is limited to emergency shelters established in the areas of the IL zone that are south onn! Street, east of Waterman A venue, and north of Central A venue. This area includes the Salvation Army's new 124 bed homeless shelter under construction, the County's Food Bank, and the offices of the County's Community Action Partnership. Once adopted, the ordinance places the City in substantial compliance with Senate Bill 2. With such amendment, the City can continue to enforce its regulations respecting the location of ernergency shelterslhomeless shelters. Adoption of an urgency ordinance of this type requires findings that there is a current and immediate threat to the public health, safety, and welfare and that the grant ofland use approval would result in that threat to public health, safety and welfare. The appropriate findings are set out in the ordinance. The evidence in support of the findings is derived in part from the attached Exhibits which are incorporated herein: A. List of Emergency Shelters in the City of San Bernardino B. Map and Aerial Photos of the area between 3n! Street and Central A venue and from Waterman Avenue to SB Airport dated October 1, 2008 C. San Bernardino County 2007 Homeless Census and Survey Comprehensive Report by Community Action Partnership D. City of San Bernardino 2007/2008 Consolidated Annual Performance Evaluation and Report (CAPER) by the City's Economic Development Agency E. Memorandum of the California Department of Housing and Community Development Division of Housing Policy Development, Re: Senate Bill 2, dated May 7,2008 F. SB 2 Senate Bill Analysis, As Amended August 31, 2007 Financial Impact: Undetermined Recommendation: Adopt the Urgency Ordinance - F:\EMPENOIOrdinances\EmergencyShelters Staff Report - IO-16-08.\\ol'd I -- 2 3 4 5 6 7 8. 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 .,- 28 II Adopted: October 20. 2008 . Effective: October 20. 2008 ORDINANCE NO. HC-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. The Mayor and Common Council of the 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 provide for the adoption of an urgency 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, anawelfare, 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 :\EMPENO\Ordinances\EmergcncyShelters. Urgency Ordinance. 1 0-16-QS.wpd I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 '-' 28 II MC-1288 1 2 3 4 5 6 7 8 9 10 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 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: 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 furtherrequirement 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 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 :\EMPENO\Ordinances\EmergencyShelters.Urgency Ordinance 10-16-QS.wpd 2 17 18 19 20 21 22 23 24 25 26 27 "- 28 II MC-1288 ordinance may constitute substantial compliance with Senate Bill 2; and 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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 as a conditionally permitted use City-wide in several residential and commercial land use districts and throughout the IL, Industrial Light land use district with such conditions that do not render such projects infeasible for development; and WHEREAS, the City of San Bernardino, in a variety of locations, currently has several existing ernergency shelters which provide a total of 267 beds for the homeless, in addition to the Salvation Army's 124-bed year round homeless shelter for men currently under construction within the proposed Emergency Shelter Overlay Zone, at 363 South Doolittle Road, and another Salvation Army I 50-bed homeless shelter for families and children at 925 W. 10th 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 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 Proposals 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 Bi112 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 ofthe 24 F:\EMPENO\Ordinanccs\EmergencyShelters. Urgency Ordinance 10-16-08. wpd 3 26 '- 27 28 'I Me-1288 , ; cities in the County of San Bernardino and no city out of the 24 cities in the County of Riverside has 2 3 4 5 6 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 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 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 ofa Conditional Use Permit, and the adoption of this Urgency Ordinance, which will permit new emergency shelters with approval of a building pennit within the IL, Industrial Light, Land Use District lying South of3n1 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 Section 65858: I. The City of San Bernardino has sufficient emergency shelters, transitional and supportive housing facilities in existence as "grandfathered" uses under prior versions of the F:\EMPENO\Ordinances\EmergencyShelters. Urgency Ordinance 10-16-08. wpd 4 I 2 3 4 5 2. 6 7 8 9 10 11 3. 12 13 14 15 16 17 18 19 4. 20 21 22 23 24 5. 25 26 27 - 28 MC-1288 Development Code. It also has numerous low-income housing developments and govemment 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 unrelated 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 wann 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 entrenchment of land 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. F:\EMPENO\Ordinances\EmergencyShelters.Urgency Ordinance 10-16-08. wpd 5 25 26 27 - 28 Me-1288 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 3 BERNARDINO DO ORDAIN AS FOLLOWS: Section 1. The Mayor and Common Council fmd that the above-stated Recitals are true 4 5 6 and hereby adopt and incorporate them herein. Section 2. San Bemardino Municipal Code (Development Code) Section 19.02.050, 7 Definitions, is hereby amended to add the definition of "Emergency Shelter" to read as follows: 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 19.02.050 DEFINITIONS Emergency Shelter. As used in Government Code Section 65582, 65583, and 65589.5 (Senate BiIl-2), and as defmed in Health and Safety Code Section 50801(e), "emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Also referred to as a "homeless shelter", "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 19.1O-E, see Exhibit A, attached hereto and incorporated herein. Section 4. San Bernardino Municipal Code (Development Code) Chapter 19.IO-E. 24 Emergency Shelter Overlay District, is hereby added to read as shown on Exhibit B, attached hereto and incorporated herein. F:\EMPENO\Ordinances\EmergencyShelters.Urgency Ordinance 10- t 6-08. wpd 6 I ',..".., 2 3 4 5 6 7 8 9 10 11 12 13 14 - 17 18 19 20 21 22 23 24 25 26 27 -- 28 Me-1288 Section 5. Pursuant to the requirements of Senate BiJl2, 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 attachments to this Ordinance, and is adopted pursuant to the authority granted to the City of San Bernardino in Article II, 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 15 16 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 reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity 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 phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or F :\EMPENO\Ordinances\EmergencyShelters. Urgency Ordinance 10-16-08. wpd 7 I 2 3 4 5 6 7 8 9 10 11 12 13 14 _ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -. II MC-1288 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. III III III F:\EMPENO\Ordinances\EmergencyShelters.Urgency Ordinance 10.16-08. wpd 8 " Me-I288 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 A VENUE, 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 regular meeting thereof, held on the20th day of 9 October , 2008, by the following vote, to wit: 20 21 22 23 24 25 Q~ , 1. h _ CJ...wJc.. Rachel Clark, City Clerk The foregoing Ordinance is hereby approved this ;l / '~ay of Oc tober ,2008. CKJ. MO of San Bernardino r - 26 Approved as to form: JAMES F. PENMAN 27 City Attorney ~ ") ~ 28 I .\EMPENO\Ordinances\EmergencyShcltcrs.Urgency Ordinance 10.16-08. wpd 9 MC-1288 EXHIBIT A CHAPTER 19.08 INDUSTRIAL DISTRICTS 19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITnm 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 Pennit (C): TABLE 08.01 INDUSTRIAL DISTRICTS LIST OF PERMITTED USES MC 888 12/6/93 LAND USE ACTMTY CH OIP IT.. m IE 1. Accessory structures/uses typically appurtenant to a D D D D D principally permitted land use activity; 2. Agricultural Production-crops; D D 3. Agricultural Services; D D D 4. Assembling, cleaning, manufacturing, processing, D DJ D D 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 D D 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 IH districts within ISO 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; D D D 8. Dwelling unit for a full-time security guard and family; D D D 9. Educational Service, including day care; 0 D 0 C 10. Emer2encv Shelters ...f' II. EntertainmentlRecreational Uses: ~ A. Adult Entertainment C C B. Auditoriums, Convention Halls and Theaters C C f:\EMPENO\Ordinances\Emergeolo.") Shelten Induitrial Districts with E overla)" lo-16-08.doc Me-l288 LAND USE ACTIVITY CD OIP IL IH 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 ParlorsIMortuaries; D D D IS. Gasoline Service Stations; D D D 16. HeliportslHelipads; 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. Mining/Extraction, 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. PublishinglPrinting 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 D D D 32. Retail Commercial; D D' D' 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 D D 39. Truck Stops; C C 40. Veterinary Services/ Animal Boarding; D D 41. Warehousing and Wholesaling, including self-service D D D -.... mini-storage; and F;\EMF'ENO\Ordinances\EmergenC)' Shelten Industrial Districts 'witb E overlay lo-l~8.doc KC-1288 LAND USE ACTIVITY CD OIP II. m IE 42. Other A. Antennas, Satellite and Vertical; D D D D D B. Cleaning/Janitorial; D D D C. Copy Centers/Postal Service CenterslBlueprinting; D D D D. Equestrian Trails; P P P P P E. F ences/W ails; 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. ~Pennitted in the Emer2encv Shelter Overlav District in the II. District OUTSuant to Chaoter 19.10-E._ , 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). III III - F:\E:\1PEN<J.ordinanccs\[rncrgcnq' Shelters Industrial Districts 'With E onda)" 1~]6-08.doc KC-1288 EXHIBIT B CHAPTER 19.10-E EMERGENCY SHEL TER OVERLAY DISTRICT 19.10-E.OI0 PURPOSE The ouroose of this chaoter 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 emergency shelters. in accordance with Government Code Section 65583. are allowed as a oennitted use without a conditional use oermit. or other discretionarY permit. Recoenizinl!: the need for available and affordable sites for establishment of emerl!:encv shelters uses outside the traditional locations in residential and cornmercial districts. the Emerl!:encv Shelter Overlay District orovides an area within the IL district for new emergency shelters to be intel!Tated with light industrial uses and existinl!: social services in the area. The oumose of the desil!Ilated boundaries (area of aJl1llicabilitv) is to maximize the ootential for coooeration and svnerl!:V of emergency shelters and social services in the Emerl!:encv Shelter Overlav District. 19.10-E.020 AREA OF APPLICAIULITY The Emerl!:encv Shelter Overlav District shall aoolv to the IL. Industrial Lil!:ht land use district lYing east of Waterman Avenue. south of 3rd Street and north of Central Avenue. All land use rel!:ulations and develooment standards for industrial uses in theIL District as soecified in Chaoter 19.08 shall remain in effect. The effect of the Emerl!:encv Shelter Overlav District shall be to derme the area of aoolicability where emerl!:encv shelters shall also be permitted with the aporoval of a buildinl!: oennit. and to add I!:eneral and soecific development standards for emerl!:encv shelters within the IL land use district. 19.10-E.030 GENERAL PROVISIONS I. Emerl!:encv shelters located within the Emerl!:encv Shelter Overlav District shall be develooed and ooerated accordinl!: to the land use rel!:Ulations. development standards and desil!:ll l!:Uidelines for the IL District in this Chapter 19.10-E and in Chapter 19.08 Industrial Districts. 2. Emergencv shelters shall be permitted with the aooroval of a building permit within the Emerl!:encv Shelter Overlav District as specified in Table 08.01 in Chapter 19.08. F:\E~PENO\Ordin.nteS\EmergeneyShelten Chap 19.1o..E . t()"l~.doc Me-I288 19.10-E.040 DEVELOPMENT STANDARDS I. The followinl! standards shall mnlv to the develonment of SDecific emerl!encv shelters within the Emerl!encv Shelter Overlav District: A. EMERGENCY SHELTERS Emerl!encv shelters. nrovidinl! temnorarv housinl! and suvport services to homeless nersons. shall be nermitted in the Emerl!encv Shelter Overlav District of the n... Industrial Light land use district. subiect to the staDrlards in this Section. As social services with residential components. emergency shelters are also conditionallv nermitted in several residential and commercial land use districts and throughout the n... Industrial Lil!ht land use district. The followinl! standards shall be required for develonment or establishment of emergency shelters in the Em~encv Shelter Overlav District: (!) The maximum resident capacity shall be 50: (2) The maximum lemrth ofstav 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 ston: (5) No emergency shelter shall be established on any site less than 500 feet from any existinl! sinl!le-familv residence. K-12 school. nark. lieuor store or other business with an Alcoholic Beverage Control license to sell alcohol for off-site consumntion. or adult business per Section 19.06.030 (2)( A)( 1 ): (6) No emerl!encv shelter shall be established on any site less than 300 feet from the site of another emergency shelter: (7) Off-street narking shall be nrovided at a ratio of one space ner 1.000 seuare feet of gross floor area. or one space for each employee on the larl!est shift plus one space for each agency vehicle nlus three visitor spaces. whichever is l!1'eater: (8) Fencing and exterior lil!htinl! conforminl! to the develovment standards of Chapter 19.20 shall be required to ensure the security of site residents: (9) A security and manal!ement nlan shall be reeuired to demonstrate adeauate nlans and capability to onerate the emerl!encv shelter in a safe and effective manner. includinl! comnlete descriptions of the following: (a) Fencing. lightinl!. video cameras. and any other nhvsical imnrovements intended to provide or enhance security for residents and staff: F:\EMPE~O\Ordin.nc:a\EmUlencyShdten Chap 19.16-[ - 10-t6-08.doc HC-l288 (b) Stamm! DIms. includim! the aualifications and resoonsibilities of all staff members and the number and oositions of emolovees on each shift: (c) Procedures and Dolicies for screenim! of ootential residents to identi(y individuals who should be referred to medical facilities. residential care facilities. other service a!!encies or law enforcement: (d) Plans and Dolicies for dailv ooerations and supervision of residents: (e) Suooort services to be offered to residents. includin!! life skills training. counselin!!. referral to other service a!!encies and iob olacement assistance: (f) Plans to coordinate services of the facility with other homeless service Droviders in San Bernardino County. to imorove the effectiveness of the network of a!!encies servin!! the homeless. countywide. - F:IEMPENOIOrdin.nceslE........cyShellen Ch.p 19.I~E .1~1~ __} SUMMARY CITY OF SAN BERNARDINO PLANNING DIVISION J -) CASE: AGENDA ITEM: HEARING DATE: WARD: Conditional Use Permit No. 08-21 8 September 16, 2008 I OWNERS: Faith Temple AP Ministries 840 N. Sierra Way San Bernardino. CA 92401 909.215.8683 ARCHITECT: Doug Schultz 570 E. LaCadena Dr. Riverside, CA 92507 951.686.3344 APPLICANT: Garnett Newcombe Human Potential Consultants. LLC 500 E. Carson Plaza, Dr., No. 127 Carson, CA 90746 310.756.1560 .REQUESTILOCATlON: A request to convert an existing 6,747 square foot church building into a 56-bed homeless shelter with related support facilities and office space. The project site is located at 840 North Siena Way, in the RM, Residential Medium Land use district. CONSTRAINTS/OVERLAYS: None ENVIRONMENTAL FINDINGS: o Not Applicable Iil Potentially Exempt from CEQA, ~15301- Existing Facilities o No Significant Effects o Potential Effects, Mitigation Measures and Mitigation MonitoringlReporting Program STAFF RECOMMENDATION: o Approval o Conditions Iil Denial o Continuance to: ....l ) '=-') CUP No. 08.2/ September /6. 2008 Page 2 PROJECT DESCRIPTION The proposal is a request for approval of a Conditional Use Permit under the authority of Development Code S 19.36.050 and S 19.04.020 Table 04.01(1)(1) to establish a 56-bed homeless shelter. Conditional Use Permit No. 08-21 proposes to convert an existing 6,747 sq. ft. church building into an adult homeless resource center with 56 beds. a kitchen, dining room, common area, showers, restrooms and offices. The project site is located at 840 North Sierra Way, on the west side of Sierra Way, approximately 150 feet north of 8th Street in the RM, Residential Medium land use district ~Attachments A & B). The applicant proposes a homeless facility that would accommodate homeless men and women, aged 18 - 59. The proposed interior improvements would include dormitory style bunk beds with 48 beds for men in an area of 1,847 square feet and 8 beds forwomen in an area of350 square feet. Individual lockers would be provided for storage of personal belongings in the men's area The remaining floor space would be converted into common living areas, administrative, and support service spaces. Although the site plan does not show that perimeter fencing would be installed, the applicant has stated that the proposed facility would be gated, with wrought iron security fencing, 6 feet in height. Potential residents would be screened to select only candidates that could benefit from intensive training in a drug-free environment. The enrichment program would include career readiness training and independent living skills. Residents would be supervised at all times, and would not be permitted to bring personal vehicles to the site. The maximum stay would be 6 months. The proposed facility would be a 24-hour operation with 16 employees, working in three shifts. Business hours would be Monday through Friday from 8:00 a.m. to 5:00 a.m. The applicant's detailed program description is attached (Attachment C). SETTING/SITE CHARACTERISTICS The project site consists of two parcels, approximately 1/2 acre in total area,. and is developed with an existing 6,747 square foot church. Abutting the site to the west, north, and south are residential properties in the RM, Residential Medium land use district. Directly across Sierra Way to the east, in the RMH, Residential Medium High land use district, there are single-family residences facing the site. Pioneer Memorial Cemetery is also located to the east in the PF, Public Facility land use district. Approximately ISO feet to the south, at the southwest comer of Sierra Way and 8th Street is a site designated by the San Bernardino City Unified School District for construction of a new elementary school. Construction is planned to begin in 20 II. BACKGROUND The DevelopmentlEnvironmental Review Committee (DIERC) first reviewed this proposal on June 19, 2008. The DIERC expressed concerns about potential incompatibility of the proposed facility with the surrounding neighborhood. The Police Department expressed strong concerns about security and management of the facility and its potential impacts on the surrounding neighborhood, including the future elementary school. The project summary provided with the application materials was not adequate to address the concerns of the Police Department. .-> ~) ) '.-.. CUP.\o ()8~:.' Scprcrnha J I), 2(j()8 Page 3 After the initial review and discussion with the D/ERC, the applicant indicated a willingness to work with local non-profit social service agencies to plan for coordination of services and potentially to seek a more suitable site. The applicant also stated that although initially proposed as a men's facility. the project description and facility plans would be modified to accommodate homeless women as well. Pending plan revisions and potential selection of an alternative site, the project vvas continued for revisions. On July 1,2008, the applicant submitted rev'ised plans and a revised project description and requested that Conditional Use Permit No. 08-21 be moved forward for consideration by the Planning Commission. On July 31,2008, the D/ERC reviewed tile reVised plans and moved the item to the PlaIU1ing ConU1Jission for a public heai'ing. There are several non-profit social service agencies in the City of San Bernardino now, coordinating their services to provide a safety net and a network of resources for assistance and rehabilitation of homeless individuals. A representative of this coalition attended the first D/ERC meeting and invited the applicant to join with the other service providers to participate in this network. The applicant was willing to cooperate, but also stated that Human Potential Consultants is a for-profit business that would have different operating procedures. On August 13, 2008, staff from the Planning Division and two representatives from the Police Department met with the applicant. The Police Department asked questions of the applicant on the proposed security plan, resident screening criteria, staffing and management. There was a lengthy discussion of the proposed facility and its potential impact of increased demand for Police Department services. On September 10, 2008, the Police Department submitted written comments to state concerns about compatibility of the proposed facility with the surrounding neighborhood and potential impacts of the project on public safety (Attachment Dj. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) The project is potentially exempt from CEQA under 915301, as a minor alternation to an existing facility. This exemption is only applicable if approval of the project would clearly not result in potentially significant environmental impacts. The physical impacts of converting the existing structure would be very minimal, but the proposed use of the building might create a significant land use conflict. In that case, the use would not be consistent with the General Plan and would not qualify for exemption from CEQA due to the potential significance ofland use impacts. ANALYSIS Staff has serious concerns about the compatibility of the proposed project with the surrounding neighborhood. At the D/ERC meetings, the applicant 'explained some of the location criteria utilized to select the site. The open spaces of Seccombe Lake Recreation Area and Pioneer Cemetery and the underutilized and vacant commercial properties to the south attracted the applicant to the subject neighborhood, due to the limited potential for land use conflicts with a homeless facility. Unfortunately, the applicant was unaware of the new development projects and redevelopment activities planned for the area that will change current conditions and revitalize the neighborhood in a way that will probably conflict with a 56-bed homeless facility. -) ') ') CLP \u I.iS,.~. Sl'prL'llzhL''- if; ~1,1!1,' Pagl' .J Lincoln II Elementarv School: A new elementary school site is planned only 150 feet south of the proposed project site, at the southwest comer of Sierra Way and 8th Street. The ground- breaking for the future elementary school is scheduled for October of 2009. with a projected constmction schedule of 16 - 18 months. The planned opening date for the school is August 2011. Construction of the new school is required to meet the needs of a growing student population in the surrounding area. The San Bernardino City Unified School District submitted a comment letter (Attachment E) that acknowledges the need to serve the homeless population and does not recommend approval or denial of the project. Planning staff also recognizes the critical need for assistance for the homeless population. However, in this case the safety concerns arising from elementary school children walking past the proposed project site on a daily basis on the way to school and back home again constitute a potentially serious land use conflict. Daily "foot-traffic" by neighborhood children who mayor may not be accompanied by adults would create a potential for negative interaction and adverse impacts on public safety. Seccombe Lake Residential Village: In recent years, the Economic Development Agency has been collaborating with private sector partners to create a plan to revitalize the Seccombe Lake area, including development of a new residential component of the project area, along 7th Street, between Sierra Way and Waterman Avenue. This redevelopment project will feature distinctive new residential units and a 52,000 square foot retail village. Significant enhancements to the Seccombe Lake recreation area are also planned. Congregation of homeless individuals tends to cause adverse effects such as increased loitering, vandalism, blight, noise, tresspassing, crime, and property maintenance problems that already exist in the area. Introduction of a new homeless resource center in the neighborhood would tend to attract more transients to the area. Also, the proposed 6-foot wrought iron enclosure of the site would project a lock-down appearance that would not be attractive to potential new residents of the Village. The Police Department participated in the technical review of the project and has expressed strong concerns about the potential impact the proposed facility would have on Police Department resources in the service area. There is currently a high concentration of parolees in the subject area. and other conditions that already create challenges for the Police Department to patrol and protect the area surrounding the project site. Based on experience with similar existing facilities in the City, the Police Department does not recommend approval of a 56-bed homeless facility at the proposed location. Please see Attachment D for details. FINDINGS OF FACT 1. The proposed use is conditional(v permitted within the subject land use district and complies with applicable provisions of the Deve/opment Code. bllt the project may impair the integrity and character of the subject land lIse district. A homeless shelter is permitted in the RM, Residential Medium land use district, subject to approval of a Conditional Use Permit. As discussed in the Analysis section of the staff report, there is a high likelihood that the proposed homeless facility would impair the integrity and J ,) "' J CUP No. 01<-2/ September J 6. 2008 Page 5 character of the surrounding residential neighborhood where the project is proposed. In addition to the potential security issues surrounding activities of the residents, the institutional nature of the 56-bed 24-hour facility would not be compatible with typical dark, quiet evening hours in a residential neighborhood. The proposed 56-bed homeless facility with 16 employees working on 3 shifts would disturb the existing peace and harmony of the surrounding residential neighborhood in the RM. Residential Medium land use district, especially for the single-family residences facing the facility. 2. The proposed use is not consistent with the General Plan. Establishment of the proposed use at the proposed location would not be consistent with Goal 2.2 of the General Plan, which requires promotion of "development that integrates with and minimizes impacts on surrounding land uses." Also, Policy 2.2.10 states "the protection of the quality of life shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public." These two provisions of the General Plan emphasize the importance of land use compatibility and protection of the quality of life in existing neighborhoods. The proposed 56-bed homeless facility would require 24-bour staffing and would generate increased activity from residents, visitors, and social service staff at all hours. The intensified activity level proposed for the project site would be a nuisance to adjacent residents and would degrade the quality of life in the existing neighborhood. These conflicts indicate inconsistency of the proposed project with the General Plan. 3. Approval of the Conditional Use Permit for the proposed use may not comply with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code. The review of this project has complied with the requirements of Development Code S 19.20.030(6). The project would utilize an existing structure in an urbanized area Therefore, it would potentially be exempt from CEQA under Section 15301, for minor alterations to existing facilities. However, if the project is determined to conflict with the General Plan, then there would be a potential land use impact requiring further environmental analysis and possibly mitigation measures to comply with CEQA. 4. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. No significant physical impacts to the project site are anticipated. The site is an eXlstmg developed religious facility, located in an urbanized area. Re-use of the existing building would not have a significant effect on the natural environment or natural resources. However, introduction of 56 individuals who are likely to have behavioral problems into the existing residential neighborhood surrounding the project site could result in significant negative impacts on the quality of the living environment in the neighborhood. -:) -) J CUP No. 08-~1 September 16. 2008 Page 6 5. The location. size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest. health. safety. convenience, or welfare of the City. The proposed project site presents several issues of land use compatibility that would affect the quality of life in the surrounding residential neighborhood. The 24-hour operating characteristics of the proposed use would not be compatible with existing and future residential land uses that generally enjoy quiet at night. The proposed project requires nighttime activity that would introduce objectionable nuisances of traffic, noise and light in the neighborhood. The project also presents potential security issues for children at play in the Seccombe Lake recreation area or for children walking to and from the future Lincoln II Elementary School, only 150 feet from the project site. These nuisance effects of the project and potential security problems would be adverse to the public interest, health, safety, convenience and welfare of the City. 6. The subject site is not physically suitable for the proposed type and density/intensity of use. As discussed in the other findings addressed in this staff report, the intensity of a 56-bed homeless facility is likely to have negative impacts on the surrounding residential neighborhood. The 6,747 sq. ft. building on approximately Y, acre is not much larger than the typical single- family residential properties in the area. Based on the experience of the Police Department with similar facilities, the site does not have adequate area or other provisions necessary to contain and avoid potential negative impacts of the project on the surrounding neighborhood. Therefore, the site is not physically suitable for operation of a 56-bed homeless facility. 7. There are adequate provisions for public access, water, sanitation, and public utilities, but the potential increased demand of the prop()sed project on public services may be detrimental to public health and safety. Adequate provisions for public access and public utilities exist at the project site. All necessary urban services exist in the area, and most services are available to serve the site adequately. However, as stated in the Police Department memo in Attachment D, the proposed project may introduce land use conflicts and security problems to the existing neighborhood, which would be detrimental to public health and safety. CONCLUSION The proposed project could provide a valuable service to people in need, but the potentially significant land use conflicts and public safety impacts of operating the proposed use at the proposed location outweigh the potential benefits. Due to the potential adverse impacts of the project on the surrounding neighborhood, as discussed in this staff report, the project does not satisfy all Findings of Fact required for approval of Conditional Use Permit No. 08-21. -J ..) .J l.~~ ':~ Yo, {,,~'_~, . Sl!ptL'mna f f,. :f){j,'\ Page .. RECO:\I:\IE1\'DA nO1\' Staff recommends that the Planning Commission deny Conditional Use Permit ~o. 08-21 based on the Findings of Fact contained in the Staff Report. Respectfully Submitted. r~(~ Valerie C. Ross Director of Development Services ~- Aron LIang Senior Planner Attachment A Location Map Attachment B Site Plan, Floor Plan and Elevations Attachment C Human Potential Consultants, LLC Business Plan Attachment D Police Department Memorandum Attachment E Letter from San Bernardino City Unified School District Attachment F Letter of Opposition From Jesses and Rebecca Gutierrez J ...) ATTACHMENT A CITY OF SAN BERNARDINO LOCATION MAP PLANNING DIVISION HEARING DATE: 09/16/2008 PROJECT: CUP 08-21 NORTH \ 0-' -r-.' -. :;';',._7.~,_~'l...'.A"""--- - -- ~ ,.. i '--'"i "oJ: - : ij if) ~ ill ~j /'oJ ;tj > I - 6-M'~. ) -, - (C) City of San Bernardino . ....'!!>... "':oft'!~,J.Il.*" Oc=:J42ft ATTACHMENT S ~ m VI -i CIO -i J: VI -i ;ll m Uill; ~ ~ jil1!p "I ~, ~ I,' ~,f>- 1,1 ~ I IlnUI IJIII ~ I 1'..1111&1"" 2 I I""'" a' I Z ='Ililil; I ~ P ;;1 1 n I nil . I ~ ----~--- I~ 'I!~i Z! ) , , I t i I , , I I , : !mh ilU,i't"lii " '~:Iu I ~ ;11 ~ ~~IJ I dim! ~ '~UI 11991U! Q "R I "s'h "' ihl . illll"l " ~; q d , - I II I I I i at i . . I . . I I I I I I I I i I II I ! i I , I II ~ ..". " ~ . . )> ) I Z - - (0 ,,'.,' ... . . . . . . .' ........... ................ . , . . . . ." .........,. ..... ..,........ .,...,., ......... ..... ........... .... . .......... ,. ... .... ..... ............ . '.1. ..I.. ~., 1 .. ~ " ... II " I : ~ I ~'." I ,f>- . ,I .~ -I I. II -- ... @ . ...--... ~ i !I II ~ .. i~ ~ ... ~ I'F. 1.,," II: . ". ..'1 <> !W24'lMI'v! <> V'.,. --- :II. . 'l.~~' .~'.'.'." ,.. -- It N SIERRA WAY- - -It- s I , J ------1E---- HOMELESS FACIUTY SAN BERNARDINO Ii~ I""" . - I' . . ACS~.- , @ .....::..':i.:...".. III .?O~",,__-,""_"G" !Il --- . CM1)__ _C_)_J"7" II - _1'OlDIIM. CDfM1MllI _tc.-..~. ....ll....' Ull:m' SNlllJlMllDllD,.CAIZ410 CMIIlII,CAII7. ) ) ') -" - ~ o o ~ ~ > z _" ~ ~ ~ ~ ~ ~ t$ ,I il ~ (5 .8 _uo CIllLD......... !I n I I ... .. l.oacClll-l :I> I I . " o o . . ~ il.lEA- =lDIIL1_ I _I.CMDt"-"Bla ...._., '-':11' lSMl_g,... fMIIIl.CAIIHI HOMELESS FACIUTY SAN BERNARDINO i;z;l Oft In -l ~ o o l: Oft z > ~ C\ Oft l: Oft Z -l ~ > Z 0000 l !li11j!l!iI IIp1ill = l'llhl I hl;1 I I Ilfl 'I I .. .. i.~ pre I -~- 101;01 &. ~ ~~~~_~ I m. 'IlA. i D.u":~~..,...ulta II, '. 1.70&.1.41___......_... !II I --- I (...) -- ~- (-) _n. I ~ .,--J; ""'. ~;J>" ~.' ':. - .Ii .~ .~_. ',-. . "', "" :ti , ..".,..... ~-:l~ .-;! ... ~~ ! , , / / ...-> -~ ../#~ . ., 4. .... ~ )~- , '" ~. . ~ ~Jl~~i.'~ ur: :;~.;. ..\..It ~'\'';' '.....:". f"'- J. .tl ,":''' ., ~5Ji,;': .' ".~;~~~k:-' -r.. . 1:Jf'i'~'~ " .!~.ft~~. '.. ' ." , , ~~. . . J;lf.:~ ~"'t.;: ,_..... -. <l;,,,~r--, ':a . ~:,,! ,l; ~ '1~'j.I>.>:'~ ,J~ . ,'~ ":: .~ ". :. ';. .\' . ,.~ '", "-:~ . '<.:,;:~\ \ ~~ '~ ~'" ,,4' ...'Ii '-~~ .J =" ..J;.. ..;;. ',<., M ;,;:" ~~:~ .",.:. .. ~!l;.il.<'~ ~.t- :~,;,~~r~~} f ~~~ J~;~!*~f~-',~:" .(;. .,....;, _...~;.'!"~,~,..,:; .~l'~~iu;v~ ~\~~l'-':'~_^':f '.-;t-.~'~,-- -t.,::~ ~-,,&-.,:;~~~--'=""-' :c-,?;""":;-" "'-}~-f' -s . "'I<~ -} '1 ATTACHMENT C HUMAN POTENTIAL CONSULTANTS "Your Link to a Better Future" .lUll..' ; l). :I)!);-.) De\dopmenta\ Services Department 300 :\orth "D" Street San Banardino. C\ 9~..18-000 I S\ 'BJECT: Background on Human Potential Consultants and Analysis of the Proposed Adult Homeless and Resource Center ABOlT lS -) Eqahlished in 1997. Iluman Potential Consultants. LLC I HPC I is certi Ikd hy the I' S, Small Business ..\dI11ini,trmion as a Small Disad\antaged l3usiness and Stall.inn: the State c)f Cali fC1I'nia Small Business and Los Angeles County Small Business Enterprisl'. Headyuarlers in Carsun, CA. HPC was originally founded as an "alternati\e rt'SIHln:e" t,'r the One-Step Centers throughout Los Angeles County. As a result uf an impec,..hk reputation throughollt the nation for building local economies through long-term .i"hs within the ccmlmunities where their respective proje\;(s are located. I-IPC hegailt" ,'~pan,1 Int" the realm "f managing workforce centered projects and outplacement s~nlCes fix displaced employee,,: Cldministrati\e support stafting sen ices: and adult edm;atiunal and ,)ecupational residential centers. SDL\IARY DESCRIPTIO:\" OF PROGRAM The proposed Adult Humeless and Resource Center should nllt be cllnfuscd \\ ith a drug treatment or drug rehabilitation center. On the other hand. the .\dult Homeless and Resuun;e Center is a residential training and employmentllppc'rtunit\ that addres,es the multiple harriers of employment e~pericnccd by adults. \\ho lack cdllcatll1l1 ,md \{l~~IlIPl1al skill..; fll'l",. \dult I hlI11ckss and Re,,'urcc Centcr shall pl'l"'idc,, c"mpr,'hcllsi\ c ,'arccr J~\\.:jOplll~IH ~~n.ic....:, to r~siJt:nb induJing ~h.:~Ii.kmil.'. s'h..:ial and ind....p....lldI.:IH li\ ing skills. (ar!':~r r\"';h.lill~SS training and oth~r ~lIppOl:ti\...., :'\....ryi(t:s. Th~ unique amalgamati\lI1:"l ..J 500 Uarson Plaza Or;,.. 5uite 127 . Carson, CA 90746 . III 10) 756.1560 . EI31O)756.1561 . info@hpcemploymenl.org J HPC ,\nal:si:-. l)fl!lc- Prnpo~~d Adult HOIl1~I~ss &. R~sourc~ C~nler Page: :! 6 19 2u08 of car~er oriented s~nices arc tailored to each resident's necd: thc skillmi~ture shall allo\\ each resident to maintain a job. The C \..'nk!' ~h~!!! rrr~\'ide th~ follo\\'ing sen'ices in a drug free t.'!nironment: . Social. cmployability and liYing skills training: . Career counseling and other support services. which are tailored to each resident's need: . Academic enrichment. which prepares residents for long-term sustainability In today's labor market. The Center shall provide care and supervision to adults (18 - 59 years of age) on a long- term basis (up to 6 months un continual residency). ADL L T HOMELESS AND RESOURCE CENTER OPERA no:\s e) The Center will consist of 16 total employees of whom six or seven will be case managers and/or administrative employees working the usual Monday - Friday 8:00 am to 5:1l0 pm workday, The remaining nine employees will work three shitis a day to SUPP0l1 the 24-hour operation. SECURITY Access to the lobby will be tightly monitored and controlled by staff. An intercom with an enunciator shall be provided to notify staff that someone is waiting, The dormitory areas will be constantly monitorede E~terior door alarms \\ illbe provided to prc\ent the entrance and e~it of anyone. Technologically advanced security cameras shall monitor the entire e~terior parameters: additional lighting will illuminate the exterioL I"TAKE. REGISTRA nON AND El\ROLLMDiT The number of residents shall not exceed 56 at any line timc and all residents \\ ill be dropped-off and picked-up by means ofHPCs transportation (.kpartm~nt.:--Io residents shall be permitted to arrive or depart via their own \ehicle. The Center shall perform a comprehensive intake evaluation on all aspiring residents. If a resident is not deemed prepared for intensive academic enridltl1ent. thcy shall discontinue their participation. J ..;) HPC ..\l1al~sis l1flh~ Prop\ls~d Adult Hom~lt:ss & Rc:sourcr;:' C~nler Pag( ~ 6 192008 DORMITORY TABLE I Dormiton Contiuuration, Individuals per room Sq.FI per Individual 2 people In a room 50 70 3 people In a room 30 90 4 people in a room (dormitory style) 27.5 110 Typical living quarters will provide adequate number of functional. clean. full service bathrooms such as: toilets/urinals (1: I 0); sinks (1: 10) and showers (I :20). A recreational room for studying. writing. reading and viewing television shall be provided. Accessible living quarters shall be provided to persons with a disability in accordance with the Americans with Disabilities Act. KITCHE:\/DINING ) A central kitchen and dinning facility will provide meals and snacks for residents. The Jining room will be til!'llisheJ with round tables intended to encourage l'lI11ily-style eating and interactions. ,,) GARNET""'" NE'v"'::JMBE. CE:: HUMAN POTENTIAL CONSULTANTS, LLC 500 E. Carson Plaza Drive, Suite 127 '\ Carson, CA 90746 ..JT 310.756.1560 , F.310.756.1562 www.hpcemployment.org Summary description of program for the HPC's project, per Mr. Lian9s Request, Listed below are the additional details/clarifications on the Program. 1. Is there a "wake up call" and a "sleep time" for all 56 residents? Yes. Table 1. 'Wake up call" and "Sleep" Schedule I DAILY SCHEDULE r \10NDA Y .FRIDA Y I SATURDAY SUNDAY I 6:00 A.\1. - ! 8:00 A.\1. - 8:00 A.M.- ! Wake up I Wake up Wake un ! 10:30 P.\1, - 112:30 P.M,- 12:30 P.M.- ! Lights Our i Lights Out I Lights Out , 2. Provide a typical daily supervision schedule/activity for a resident from 7:00 a.m. to 6:00 p.m. (SEE TABLES 2 AND 3) ) Table 2. Typical Supervision Schedule 6 a.m. to 6:00 p.m. Time of Day Case Managers Resident Assistants Administration 1 Shift 1st Shift I 2" Shift 3" Shift '1" Shift . 6:00 A.M. , 3 I 3 7:00 A.M. 3 1 8:00 A.M. 5 3 1 9:00 A.M. 5 3 I 1 10:00 A.M. 5 3 1 II:OOA.M. 5 3 1 12:00 P,M. 5 3 , 1 I:OOP,M. 5 I 3 1 1 2:00 P.M. 5 ! 3 I 1 3:00 P.M. 5 3 I 1 ! Shift Chan~e 4:00 P.M. 5 13 1 5:00 P.M. 5 13 1 6:00 P.M. 13 Weekday Daily Supervision Staff Schedule ") - ...) J <J Table 3. Typical Activity Schedule for Residents DAILY SCHEDULE , SA TL 1li)A Y I 8:00 A.M. - Wake up 18:30. Breakfast 9:30. Resident Meeting 10.1 1:30 . Prograllunmg 112:00 P. M. - Lunch II 1 :00.3:00. Visiting 4:00. Reflection I 5 :00 . Dinner I 6:00 .Recreation 7:00.9:00 -Group Meetings 8:00. Snack 12 :30 - Lights out. ~O"DA Y .FRIDA Y I 6:00 A.M. - Wake up I 7:00 . Breakfast I 8:00 - Resident Meeting 8:30-11 :30 .Programmmg : 12:00 PM. . Lunch ; 1: 00-4: 00 . Programming : 4:00 . Reflection 5:00 . Dmner 16:00 -Recreation 7:00.9:00 - Group Meetings ; 8:00 . Snack I 10:30 . Lights out I 12:30 A.M (FRIDAY) . SCXDAY 8:00 A.M. - Wake up 8:30 - Breakfast 9:30 -Resident Meeting I 10-11:30. Programnung 112:00 P.M. Lunch I 1:00-3 :00 - Visiting 4:00 -Reflection i 5:UO -Dinner 16:00 -Recreation 7:00-9:00 - Group Meetings , 8:00 - Snack 12:30. Lights out 3. Would the Program provide meal times for breakfast, lunch and dinner? Provide times for breakfast, lunch and dinner. Yes. (See table below) Table 4. Meal Schedule MEAL SCHEDULE ~ONDA Y .FRIDA 'I' SATURDAY SUNDAY 6:00 A. M. - Breakfast 8:30 A. M. - Breakfast 8:30 A. M. . Breakfast 12:00 P.~ - Noon Lunch 12:00 P.M. - Noon Lunch 12:00 P.M. - Noon Lunch I 5:00 P.M. Dinner 5:00 P.M - Dinner 5:00 P.M - Dinner I 8:00 P.M. Snack 8:00 P.M - Snack 8:00 P.M - Snack 4. Can a resident have a visitor? Yes. (See table below) Table 4. Visitor Schedule VISITOR SCHEDULE MOl\'DAY .FRIDA 'I' SATURDAY TSUNDAY NO VISITORS 1:00 - 3:00 P.M. 1 :00-300 P.M. 5. Can a resident leave the premises? How? Yes. Residents will have a Day Schedule that details the purpose for leaving the premises for DMV appointments, Doctor Visits, additional vocational training, Work related Activities, Community Resources, etc. Each of these activities are within each residents customized plan derived from their assessments. 2 -J 6. HPC's transportation department- A) How many vehi~les available to service all 56 residents? HPC has 3 vans available to service all 56 residents. B) Is there a designated emergency vehicle? No. In those instances of an emergency, HPC's policy is to call 911 C) Would the vehicles be parked on the project site? One Vehicle will be parked during the day on the project site. 7. Provide detail work hours for the three shifts to support the 24-hour operation. Starting & ending hours per shift? Table 2. Detail Work Hours for 3 Shifts to support the 24-hour Operation. Weekday Daily Supervision Staff Schedule Time of Dav ! Case ~Ianagers I Resident Assistants I Administrative J . : , Staff ! I Shift 1st Shift 2"' Shift 3" Shift I" Shift 6:00 A.M. : 3 3 7:00 A.M. , 3 , 8:00 A.M. 5 3 1 ! 9:00 A.M. 5 3 1 I 10:00 A.M. 5 3 1 II:OOA.M. 5 3 1 i 12:00 P,M, 5 3 1 I:OOP.M, 5 3 1 I 2:00P.M. 5 3 I , 3:00 P.M. 5 3 1 Shift Chan.. 4:00 P.M. 5 3 1 5:00 P.M, . 5 . 3 1 6:00 P.M 3 7:00 P.M. 3 : 8:00 P.M. 3 i 9:00 P,M. 3 10:00 P.M. !3 i II:OOP.M. i3 I Shift Chan.. , 12:00 A.M. ! 3 I 1:00 A.M. 3 2:00 A.M. 3 3:00 A.M. 3 4:00 A.M. 3 , 5:00 A,M. ! 3 16:00 A.M. I 3 8. The Center provides care and supervision to adults on a long term basis (up to 6 months on continual residency) - Is 6 months the maximum length of stay? Yes. An extension may be allowed, on case by case basis. J 3 J J -' CONDITIONAL USE PERMIT NO. 08.21 Mr. Liang, The security plans per your request: Security and containment of the facility begins with the mindset of security and awareness by all staff. HPC plans to provide training. Such training includes: offender discipline, emergency plans, staff integrity and ethics, accountability and security procedures, offender searches and signs of suicide and suicide precautions, basic first aid, universal precautions among other courses. Twenty-four hour Monitor observation and intervention, use of cameras and are critically located through out the center to provide for safety of the external and internal community. HPC has deployed camera placement and use throughout its current residential facilities. Cameras are strategically placed to monitor offender activity in areas of concealment from easy pubic view such as corners and alcoves, entrance, exit, and stairways. For constant observation and early intervention of suspect behaviors two observations were included in the estimate. For facility security, there are restrictions on visitation of family members. Regulations for numbers and types of visitors, days and number of hours per week of visitation, and conditions for disallowed visits are defined in the HPC policy and procedure manual. . \!JHPC HUMAN POTENTIAL CONSULTANTS, LLC J 'f 'Your link 10 a Better Future' 500 E. Garson Ptaz3 Or.. Suite 127 Carson. Callforma 90 746 T. (310) 756.1560 F. (3101756.1562 www.npcemplOymCnl.org August 13, 1008 Mr. Aaron Liang Sr. Planner Development Services Department City of San Bernardino 300 North "D" Street San Bernardino, CA. 92418 RE: Responses to Questions Raised by San Bernardino Police Deparbnent on July 31, 2008 at the City of San Bernardino, Development SelVice Deparbnent, Environmental Review Committee ) Dear Mr. Liang: Pursuant to the request from the San Bernardino Police Department, Human Potential Consultants, LLC has provided a' response that is an addendum to our previous information submitted to the aty of San Bernardino, Planning Department regarding our Adult Education, Employment and Residential Center (AEERC) site. Our SecuritY Plan addresses activities such as: site security, discipline/seizure, disturbance control, facility containment/parking, search and seizure and emergency evacuation procedures. HPC maintains for all its sites an operations manual that details specific procedures and policies related to site operations. We have provided some preliminary detail for our proposed facility site: Adult Education, Employment and Residential Center (AEERC) at 840 N. Sierra Way, San Bemardino, CA. 92410. The AEERC includes a program effective security plan that encompasses the installation and use of six (6) securitY cameras in the following areas: a) Kitchen/Dining Stations, b) Resident Living Quarters, c) Front Entrance and door, d) Side/Back Patio and door e) parking area and the f) recreation room. .",,-" ") The CV0204DVR (Digital Camera Video Recorder) is s feature packed digital video camera recording system. This complete system comes with four outdoor cameras that can be displayed all at the same time (quad view). AEERC has the capability of customizing the recording and to set a 24- hour recording schedule based on preferences. The DVR may record continuously during the day, then record only when motion is detected at night. J Each camera is equipped with night vision, so that security guards/monitors can view and record in total darkness. The Digital Camera Video Recorder's list of features and system operating materials are below. . 4CH DVR w/ 160GB hard drive . 4 0/67 Cameras . 1 DVR Power Adapter . 4 x 60ft RCA Video/power wire . 4 Camera Power Adapter . 5 BNC connectors . RJ-45 Ethernet Cable . Software Installation CD . RCA to RCA Wire (male) The AEERC will additionally use two Indoor Speed Dome (270x Day/Night) Zoom cameras. The day/night high-resolution indoor speed dome with a super Spherical pan/tilt will continuously rotate 360 degrees, records 24 hours with automatic turn over .of 180 degrees. It has 27x optical and lOx digital zoom capability, delivering 270x zoom power that captures the finest details. RS-485 Communication channels are available for remote control purposes and may be programmed for 64 preset precise locations of target areas. ,) The AEERC utilizes a Biometric Hand Punch - touch Station for facility inaressl earess contral. computerized by a log system to capture resident sign in/out. Case managers and guards/monitors use the hand unit to record resident time, attendance, monitor and control building access and track program activities. The system provides safeguardS against security threats and eliminates "buddy punching". The unit is constructed of injection-molded plastic, lightweight with a silicon rubber keypad and an internal lithium battery to keep time and calendar in event of a power outage. There is no parking of resident vehicles at this facility or loitering allowed and the AEERC will provide limited transportation for common trips and off site storage. The facility will be gated, establishing a controlled environment for educational and programming purposes. No, drug/alcohol use is tolerated by homeless residents and surveillance is maintained through ongoing and continued observation of resident behaviors, searches, random testing, and is also based on the client assessment, previous history, and current status in relation to substance abuse. Overall, our guards/monitors will be uniformed, trained in all matters related to emergency and disaster procedures outlined in our manuals. ) AEERC-Conditional Use Permit No, 08-21 Human Potential Consultants. LLC 2 8/1312008 J The AEERC Emeraency Evacuation Dlan and quarterly emergency drills will be conducted and are fully documented to include date and time, evacuation path used, number of staff participants, and visitors involved. The documentation of the emergency drill will also include the amount of time to complete the drill, and other pertinent comments. The drill will also include the testing of smoke detectors. Fire drills will ensure familiarity with exits in an organized manner. The following summary procedures will be documented and implemented at all AEERC facilities: A. Designation of Emergency Drill Coordinators B. Diagrammed Emergency Drill Plan C. Emergency Procedures D. Drill Documentation The AEERC has a written Disturbance Contral Plan (DCP) in the event of a major disturbance at one of the AEERC sites. The plan shall include crowd control procedures, steps for requesting after hours emergency transportation of resident participants at temporary facilities, assistance from local law . enforcement and/or emergency agencies as circumstances warrant. ~-) The following summary procedures are documented and implemented at all AEERC facilities: A. Definition of Disturbance B. Emergency Procedures Implementation and Monitoring C. Notification Procedures for Disturbances /Intervention D. Disturbance Resolution and Documentation A copy of the disturbance report shall be maintained in the facility's central administrative filing system, and a copy provided to the AEERC Project Manager. The AEERC, Search and Seizure DOIiCY/Drocedures establish measures to control the introduction/possession of contraband at the AEERC program site in order to maintain a safe and secure environment for staff and resident participants. Control is accomplished through searches of participants and participant's living and common areas. Possession of contraband as will result in disciplinary action and confiscation of the contraband. The following procedures provide specific gUidelines for searches, including the completion of appropriate reports and accompanying documentation. ) '- AEERC-Conditional Use Pennit No. 08-21 Human Potential Consultants. LLC 3 8/1312008 ~ A. B. C. D. E. Unauthorized Property/Illegal Contraband/lllegal Drugs and Controlled Substance Defined General Guidelines on Search and Seizure Policy and Authorized Personnel Fadlity Search Procedures. Seizure Definition/Policy Staff Reporting of Contraband A copy of the contraband report shall be maintained in the fadlity's central administrative filing system, and a copy provided to the AEERC Project Manager. Guidelines pertaining to AEERC Residents' Proa........~ve DiscipliM..Poliev and basic rules of conduct, and policies that address zero tolerance on alcohol and . drugs use, fraternization, smoking and personal appearance and hygiene are outlined on Sections B8 - B12 of the AEERC Handbook. Serious violations of these rules may result in disciplinary actions that can lead to immediate discharge from the program. The AEERC Program shall classify reports of rule violations as Administrative Rule Violations or Serious Rule Violations. .J A. Rule Violations Defined: Administrative or Serious B. Disciplinary Methods: Counseling or Violation Report C. Supervising Case Manager Review of Disciplinary Actions A copy of the rule violation report shall be maintained in the facility's central administrative filing system, and a copy provided to the AEERC Project Manager. Human Potential Consultants, LLC has taken time and good faith measures to ensure proper understanding, education and cooperation for proposed operation of the AEERC for the benefit of the highly concentrated homeless population in Ward 1 and Supervisor District 5 and for the city and county of San Bernardino, California. Sincerely, JtuZf~ / Garnett Newcombe CEO ~ AEERC-Conditional Use Permit No, 08-21 Human Potential Consultants. LLC 4 8/1312008 City of San Bernardino Sail Bernardino Police Departmenl Interoffice Memorandum ATTACHMENT 0 ,~) To: Planning Commission From: Sergeant Ronald Maass, Central Dislrict Operations Supervisor Subject: 840 N, Sierra Way Date: September 10, 2008 Copies: -) As of this date, the San Bernardino Police Department has not received a copy of an actual Security Plan from Human Potential Consultants (HPC) or their representatives in regard to the proposed facility at 840 N. Sierra Way. The last information received referred in general terms to the existence of a plan, referenced in their operations manual. The response mentioned the use of several security cameras, and referred to staff members trained as "guards/monitors" who would be "trained in all matters related to emergency and disaster procedures" as outlined in their manuals. Prior paperwork provided by the applicants suggest that this training would be provided to all employees, however, there do not appear to be plans for personnel whose primary function is security as opposed to "cross-trained" in security related procedures. We have previously received basic informatiqn as to the nature of the clients intended for the facility. The basic information simply specified homeless or those in an "at risk" environment with no history of "extreme" violence, no sexual registrants (PC 290), and no history of arson. This basic guideline would allow for the inclusion of parolees in a very high density. The applicants are proposing a 56 bed facility (48 males and 8 females) on a .45 acre site. Given the paucity of information as to the potential client base, our office attempted to identify any potential impact a 56 bed adult residential care facility might impose upon police services to the surrounding community. The applicants have managed smaller facilities in surrounding communities including Riverside and Los Angeles County. One of these facilities in Riverside is limited to 24 beds and based upon information we have received suggests that it currently has 17 residents, all of whom appear to be parolees. J Our office also conducted a survey to identify and compare facilities within the city of basically comparable size and generalized client base. There are no similar facilities within the city at this time of a similar long-term residential nature. In the past, there have been several converted apartment complexes that were opened as residential transition TilE sap!) I~ (O~e,lrn'ED TO PRO\'lDING: PR()(;RES:,I\"E 'JL'.\LITY P( >I.ICE SER\'ICE; \ :'.\1"-: L:::\\'IRO:\~IE!'\T TO 1\IPR()\'E '1'1-11-.: <JL.\L1TY OF LIFE; \ REDLTTIO:\ I;"; CRnlE TIIROCGH PROBLE~I Rr:COG!'rnO>-i :\,'\:D PROBLEM SOJ.\'I:-4G Page 2 ",,) facilities for parolees. In each inslance, calls for service surrounding these facilities nOled a distinct increase. The neighborhood surrounding the proposed facility at 840 N. Sierra Way incorporates a very high proportion of residential housing including small apartment buildings and single-family homes. Many of the surrounding residents have expressed extreme concerns regarding the nature of this facility and its proximity to their residences and businesses. There are plans to construct a new elementary school within one block of this proposed facility. A second elementary school is 5 blocks west and another 5 blocks to the east. In addition Seccombe Lake Park is also one block south of this proposed facility. These public locations attract a high degree of juvenile foot traffic. Taking all of these factors into consideration, the Police Department is very concerned about the potenlial negative impact on police services, which would draw officers away from the ability to provide timely police service to the surrounding community. The introduction of a facility that would potentially generate additional calls for service on an annualized basis, not to mention the anticipated additional calls for service resulting from clients associated with the facility in the surrounding community, would have a delrimental impact on police services to the existing residents and businesses. .) } .--) ) ~ f '''..,.,..- 07.e3'~ee8 14:18 '3516531154 HPC ATTACHMENT E -.- SAN BERNARDINO CIIT UNIFIED ScHOOL DISTRICT Arturo Delgado, Ed.D. Superintendent Judy D. Vv'hite, Ed.D., Deputy Superintendent June 25, 2008 To Whom It May Concern: The San Bernardino City Unified School District is in support of Homeless Programs that are designed to provide comprehensive support to homeless limilies. Accordins to our homeless liaison, Mrs. Vickie Lee, we have served 1,717 homeless stUdents &sofluDe 20, 2008. The current programs in San Bernardino have been more limited to temporaxy shelter, food and clothins. We are finding that many families have established patterns of chronic homelesaness and are in need of intensive rehabilitation. There have been questions about whether the approval of a homeless program located in the targeted area would be a problem for the future development of schools. The IK:hoo1 currently identified as the Lincoln II Project is being reviewed for an area near there. The ground- bTeaking is scheduled for the Fall of2009, with a projected completion of 16-18 montha. The planned opening date for the school is August of2011. '. It is our understanding that Human Potential Consulting Inc. will focus on the rehabilitation of our homeless community members. Our facilities depanment can provide additional infonnation or concerns about the location. Sincerely, jJ, .fl.L;~. cJh:t; JUDY D. WHITE Deputy Superintendent JDW:x1 Deputy Superintendent m Nor1ll F Slreet. San Bemerdino. CA 92410. (8Oll) 314-1471. Fax (109) 885-8392. judy."'''''. I ~ued.k12.ClI'" ^) l ') '."",,~.. A TT ACHMENT F RE: Conditional Use Permit No. 08-21 Ward No. I Dear Plarming Commission: We are writing to oppose the request to convert the church building located at 840 North Sierra Way into a homeless shelter. This is a residential area with families who struggle to keep their families safe everyday. We do not need a homeless shelter here. We empathize with the plight of the homeless. but we also realize that not all homeless people go by the rules and regulations required by the shelter and will not be admitted into the shelter. This is when they become a problern to our neighborhood. This area is plagued with shelters/homes for parolees, drug abusers and child molesters. We do not need another "shelter" in our area. We feel that this project would only bring more transients and homeless people to our neighborhood. Our neighborhood has had many problems with these people. They hang out in the empty field behind our back yard, at Gene' s Liquor Store on the comer of 9th Street and Sierra Way, at Secombe Lake and in the Pioneer Cemetery. They not only hang around but many sell drugs, drink and start fights. With regard to the field behind our house we have seen them use drugs, urinate and defecate in broad daylight, this while we are sitting outside trying to enjoy the afternoon. Our neighbors have children and they have to see this too. Thank goodness for our police department who diligently watch out for us, but they can not always be here. We have lived in this home for 35 years. We have seen it go from a nice community of working class people to place of crime, drugs and gangs. We do not feel safe to go for a walk in the park or e"en walk to the store anymore. We would like to be able to have friends and family over and enjoy our home and back yard like we used to. We would like to be able to take a stroll around our neighbor again with being afraid. Please listen to our letter of opposition and reject the proposal. Thank you for your consideration. Sincerely, Jessie and Rebecca Gutierrez 872 North Lugo Avenue San Bernardino, CA 92410 909-889-9611 ,,-;2!')-7-2008 05:43P FROM: TO:la6b4912188 EXHIBIT 3 - CITY OF SA.N BERNARDINO Development Services Department, Planning Division 300 North "D" Street, 3rd Floor San Bernardino, CA 92418 Phone (909) 384-5057 . Fax (909) 384-5080 Web address: www.sbcity.org APPLICA nON FOR APPEAL APPEAL FROM A DECISION OF THE (check one) o Development Services Director o Development/Environmental Review Committee .m Planning Commission Case number(s): C end; +, 0(\ ~ '- U.S e A Po8-07 No. ()g-2.1 ProJect address: ~IfD Nor-Iii S;"~urCf Wit'! S-",(\ A411a1ckll.t> .cA / , Appellant's namc:_Hu.rnCl^f.Hen +, 0./ r O(\S u l-hrf\+"', LLC ~o\-+ ~ \~V\I\.'oe- Appellant's address: 5tlD E. CA-t2.SIJ/IJ Ylaz..,.,. De. .~I2.. 7 G..stlN JC4~D7lfh '? I D '7 ,-", .- I s-' 0 AppclJant's phone: 2. J ., Appellant's e-mail address:~ 1 ,,<2. 0..: C c."" b... @ dtJi, C.0.71 Contact person's name: C,/H!..tJrI.."Tr Ng "J(..omb.e. Contact person's address: 5 00 E. Co. y s. ,) f\J '"1' I A Z.ff Contact person's phone: 5 I 0 '7.>0..' ~b D' Contact person's e-mail address:JIfu.uJC..........bt. ~ ' C fJYI1 A '( ~ 1'f 0 {'f () _ 2 'l z.. - "l - C.0&l 0 1:> e. ;#. /2.. 7 G. ,. s'dtl . {'If , Pursuant to Section 19.52.100 of the Development Code, an appeal must be filed on a City application form within 15 days following the final date of action, accompanied by the appropriate appeal filing fee, Appeals are nonna11y scheduled for a dctennination by the Planning Commission or Mayor and Common Council within 30 days of the filing date orthe appeal. You will be notified, in writing, ofthe specific date and time of the appeal hearing. OFFICE USE ONLY "'" __ fi'fiiZ C, 'Z ~ Received by:. ~L /' """,,'r /' ..~ ~ ~Jr~~'-'I7~ n ' --., - '.-./' \ 1"c:J" .Cl' ;=1 ~ ,5',"", I\I/'/Q) ; ,<:..,;.::) 11104 '~'_, r.; '"IOl) - ? - 2008 05 : 44P FROM: TO: 18664912108 p: 1/1 REQUIRED INFORMATION FOR AN APPEAL "._' Specific action being appealed and the date of that action: 01-1 }l"lIe tnbl (' 5, 200 g " ~ e. ~ ~ BoAna1JruJ5 7 ()f"Ii fI [DlriY" $5.0'1 de.r-.e..d tl ~~. +'t\ I o - ..l\-z:t("\1-S L I Cl llurl vi\! .A. c,Yy>J.;+,'c"'../ rM:+ . up Ah.tlJ.821) '-\-nl)~j)AA.+e.. {] ~/)m..;l2-SS ~~ \.Je" a-l- <:(.IfD' N, Si~'I"{a [).la,) $0.", &t(\aj!./);l'Id fA q2...l.f'O i. ActionsoUgh.t:~,~ c..1'~'1 d Ou. (1e.; I c;'notL ld YlUNsc..-1l,e 71afoJ/Jll1{ ~~ 1/"9,.0,''> d(){1ia~ Qt Cu? No, CJg-ZI (J~ o,vLM-f .' y'Y\a('l ViI~"" h 4: I If<\ u. l tz..1\ -h ,LIt" s U ffl.cLI f-, M f- a- CuP. Additional information: _ Signature of appellant~1z jt;"1I -).iu/rl'~"-L.. Date: / jll f I &J 2 11104 '...", L ^ 'II C E N T E R 213 386 S08S 11/l!Il/~UIl 11l:DIi lIaL1 1'. Wl/U1D [~rN: ~ ;J :81]l ~ ."ooum_A"':XIIIBlT 4 LOS ANGELES, CALIfORNIA 90005 TELEPHONE: 213/385-2977 FAX: 213/385-9089 G:-r-v 0:: 3At'~ BERNARDif\:C DEVELOPMENT SERVICE~ ")=P.':,;::'T~,~t:t-i-;- F'TlII1: PWlic Comsel ~~ mE PUBLIC INTEREST LAwomCE OF THE LOS ANGELES COUNtY AND BEVERLY HIU.S BAR ASSOCIATIONS FACSIMILE COVER LEITER DATE: November 26, 2008 PLEASE DELIVER THE FOLLOWING 16 PAGE(S) (WIllCR INCLUDES THIS COVER): TO: Rachel Clark, City Clerk James F. Penman, City Attorney FU#: 909-384-5158 909-384-5238 FROM: Remy De La peza REMARKS: ATfACHED IS A LETl'ER IN SUPPORT OF THE APPEAL SUBMIlTED BY HPC ON NOVEMBER 20, 2008_ WITH THIS LETfER, WE REQUEST NOTIFICATION OF THE HEA1lING DATE ON WHICH THIS APPEAL WILL BE HEARD. The information contained in this Iilcsimile message is privileged and confideotial. It is intended only for the use of the individual named above. If the recipient of this liIl:simiIe is an individual or entity other than thallllUlled above, any nse, dissemination, dis1ribution or repmdw:tioo is strictly prohibiled. If you have received this commnnicatioD in error, please notitY us by telephone and return the original to US via U.S. Postal Service, Thank you. - FnJIII: PWlic Gomsel "",""<7"""""" TAN\' Ii. .M. AClCER C-'- """THANAHSCHEI.l. "CBS T..... llANO S. APIJl.... ;A:;;"':l'l..~"""'._LiJ' ,.-..,.,.., 0.- ..0.... LiJ' 00l""""", "''':lID'l'-.1I''''LiJ' '-'d~ .1l1.lP.OO5.Jll i.iOiibANonr holl.w...a.LlJ' llANIEl.aNNI!R- ""-"""".......LiJ' PHllJP 5. 000l( ~Il~ ........ DY~A.~ "'-' ' L.LP MAllX H. bJiYEVANS UP .......T.........."""'LiJ' MICHAEL I. JllMN!.CWiI Pflbioln..... g..J'ImMn UP wtlJ.W.l. PW:"U!NEiAUM n.c...o<_ "-""'-... lAl..IJl.I!NCElLCiOLOW.N ~~~ ~~~ 1M- ......lJ.P CAItOLE E. HI\NDlD. ~i'UmIIL..."n.-W' i:lIlNl<<.TCH ~~ ~(lBIioUP OA'(l"O,~ ~~ J..s.MlJ.P EDWARD P.I.AZARUS AkinG.ftll>s.-.H_~FoIdllP 'JEROME 1. UMNE ,.......<-'" DAVID P. UJlA o-.b.. r:.. """""",,^I\O"' ~~_UP ID8&llT A. MEYER looriollI...-UI' TH5QOOIl.EN. MIL.L.Eao """^"""UP CHlI5TOPHERA Ml.JllJ'H'r D1llEClV RONALD ~ NESSIM ~f.N~ ~n..u.L--.. ~~~~I1F1aa1J.P ~;;:i;'i}t!.ODEll- 'lJEILLOHANl..ON ....-'" ..vtl.llA:l.I W. OXLEY' '~~"""LiJ' W'tManB~u.P ""'" PO""" ~'-...... Marn-II F--llP WlLL~l: ~lCIGtlVEJr;- =WKiN~UP ~t.I51r...... ~~_L1J> ~' ~llP H. RUBENS . ...... Ii-:- LlJ' .. 1WSS1!U. ~':-s.\M~1K. ~L~ ~~W' ~tt1.-'UP o-~c:wm ~,";a,'df...&. ~1UIL11~LU' ~SIlJlDJ'ELD'" Wi" tI 0- LLP. PA SINC1A1Il ~lINIOER ~Mdio..."""IIR-.-U.P """"^"-.~ v...FNKid~_L1J> MICHAEL H. STEIN ..-..~ lllUAlUl S'l'MNOE" ""."-"" RANtW.L J. SUNSHINE. LA..- y~s..ur.a.ilI...-tLU OI"'ID~MTl ...... ... PAlAW. I!NE'r,JIL- ~.z...w...t,..".a-allJ' GAU..WJG~ TII1E Kmta MlIcIIiII R-. UP ~A~:'"t-Fio!IlGo-to MAlUCS. WALJ.ACE: s-.. T__"!Jim WBSllTS. WOLFB ~~~ Whiul1<'_UP . <EtllmH ZIm.EN ~~~~...:. ~~w. ~_..,"- c...-~Menolw ..""'"'"'- ;tUI ,,1m lIUllll ll/;tll/~uua 14;DII lt~aJ "'.~/UIICII ~ LA" CBlfTl1. nil! PIJBlJC IN'1UJiST LAW Ql'PlCE OF TIiE l.O6 ANGEL!S COUNTY AJilDI\IM!IU..YHlW MJ.~11CNi The SoIJIbma C.Womfa AflI1!ue t4l1w I..awpm' ~ fDrCMllUPa thod.=r 1... ~lE1'BIEBcMlI' M.o\PJ[N:5.Z0HN" ""'- ...........LiJ' S1EJItiI!NE. P1.CX!rr' ;:::..~- _r._ ....., z.--......UI WATTIfEW'T. HUB,1Nr!" T_ ..-...IilB,..,.UP _0 VElA .........,ao l'A1JLL.RU!2Sl.}IL ~1I/~11~ November 26, 2008 VL4 FACSJMILE to (909) 384--5158 fl1fd (909) 31l4-52J8 Rachel Clark, City Clerk 300 N. "D" Street 2nd Floor San Bernardino, CA 92418 James F. Penman, City Attorney 300 N. "D" Street 6th Floor San Bernardino, CA 92418 Re: Human Potential Consultants, LLC application for l:Onditional use permit to operate a homeless shelter at 840 N. Sierra Way, San Bernardino, CA 9Z401 San Bernardino City Council Meeting Honorable Councilmembers, Public Counsel submits this letter on behalf of Human Potential Consultants, LLC ("HPC"), lower-income and homeless residents of the City of San Bernardino; and Orgllni7.alions whose mission it is to serve the needs of this population. On November 5, 2008 the City of San Bernardino Planning Commission denied HPC's application for a conditional use permit ("CUP") to operate a homeless shelter. HPC seeks an appeal of this decision and approval of CUP No. 08-21. This letter is submitted in support of that appeal. L Backgronnd on Public Counsel and its Community Development Project & HOPE Unit Public Counsel is the public interest law firm of the Los Angeles County and the Beverly Hills Bar Associations. Public Counsel is dedicated to advancing equal justice under the law by delivering pro bono legal services to individuals with lower and no-incomes as well as the organizations which serve them. The Commtmity Development Project ("CDP") is one of seven Public Counsel projects, or areas of practice. Within CDP, the Housing Opportunities, Preservation and Enfon:emen1 ("HOPE") Unit specializes in the promotion of affordable housing production and MAIl.: P.O. BOX.l6900. LOS ANOEUS, CA. 900760900. Tm.: 213.385.2977 p.u:, 21'.)8S.908til_ WWW.PUBUCCOUNSELORO '7b_ is DO ___ justire thIIJ oquJjustita" fnllll: !'ublic l:otIJsel i!1~ lllIb llUlll:l 11/~/~ 14;bl .iI!l!lI 1'. WlI/Ulll Page 2 oflS preservation using State and local laws. Specifically, the HOPE Unit advocates for local land use policies to produce and preserve affordable housing and for compliance with various State laws, including, but not limited to, housing element law, density bonus law, and second unit law. II. Facts and Procedural Background Since 1997 HPC has been providing a variety of programs and services to assist with employment preparation, vocational training, and job placement for individuals facing extraordinary challenges to re~tering the workplace. In ~ HPC began providing housing in addition to its existing job training services. Currently, HPC manages and operates homeless residential centers throughout Califomia, serving veterans, persons with disabilities, and persons on parole and/or probation. In its Los Angeles County facilities alone, HPC has served over 1,800 participants. On Mav 27. 2008 HPC's application for a CUP to convert an existing church building at 840 N. Sierra Way into a 56-bed homeless shelter with related support facilities and office space was deemed complete by the City.l The shelter would provide housing for adults ages 18-59 years, with supportive services that include, but are not limited to, individualized case lIIlIlIageJ1lent services, and life and employment skills development. Additional services include drug and alcohol education, anger management, money management workshops, and refena1 services for those residents in need ofGEDpreparation and/or vocational training. Residents may reside at the shelter up to 6 months. On September 16. 2008 CUP No. Q8-21 was on the Planning Commission agenda and set for public hearing. Staff recommended that the Planning Commission deny the CUP based on the Findings of Fact contained in their similarly dated staff report. This item.was continued without a staff presentation or a public hearing upon staff's request to addresS the applicant's assertion that SB 2 would preclude the City wm denying the project. . On October 21. 2008 the pl~nn;ng Commission held a public hearing on CUP No. 08-21. Staff recommended that thePl~nningCommission'close the public hearing and deny CUP No. 08~21 . based on the September 16, 2008 staff report and the additional Findings of Fact in the October 16, 2008 staff report. The City Attorney requested a continuance to allow for preparation of the Written Fintlings and Conclusion based on the evidence presented to the Planning Commission at this hearing and the written record consisting of materials submitted to the Commission by the applicant (HPC), City staff; and members of the public. On November S. 2008 the Planning Commission denied CUP No. 08-21 based on the adopted Findings and Conclusion. The adopted Conclusion of the Commission states "that the proposed project would impair the integrity and character of the surrounding residential neighborhood where the project is proposed. Therefore, the Commission concludes that the necessary findings to approve 1 Pursuant to Municipal Code Section 19.01.020- Table 04.01, shomeless facility is 8 permitted use with an approved conditional use permitln ZOnes RM, RMH, and RH rrom:~lic ~l :.!1l1 lIlIb llUllll 11/~tl/~U~ l~;DI "~iI!U I'.UU~/Ull1 Page 3 oftS Conditional Use Permit No. 08-21 cannot be made.'.2 This conclusion is based, amongst others, on the reasoning that: . "the proposed project.. .does not share the characteristics of an emergency shelter"; . providing housing for parolees/probationers presents a public safety concern; . an emergency shelter is incompatible with suttOlmding land uses, namely a nearby domestic violence shelter and a proposed elementary school; and . the proposed shelter would alter the character of the surrounding neighborhood. On November 20. 2008 HPC filed an application for appeal to the City Council of the Planning Commission's November 5. 2008 denial of CUP No. 08-21 pllISWli1t to San Bernardino Municipal Code Section 19.52.100. In. California Law Prohibits the City from Denying mc's Proposed Homeless Shelter. Govt. Code ifi5589.S California Senate Bill 2 ("SB 2"), effective Janwuy 1, 2008, requires California jurisdictions to engage in more detailed analyses of emergency shelters and transitional and' supportive housing in ~eir next housing element revisions; regull:l1eS zoning for these facilities; and broadens the scope of the Housing Accountability Act to. include emergency shelters and transitional and supportive housing. In SB 2, the California legislature recognized that homelessness is a pressing statewide problem and more emergency shelters are neCessary to meet the housing and residential service needs of the homeless population. SB 2 was enacted in order to encourage the construction of emergency shelters and to prevent jurisdictions from blocking the development of such shelters based on NlMBY -ist attitudes that fail to take into account planning forthe community's needs. To this end, SB 2 amended California Government Code Section 65589.5 ("the Housing AccOlmtability Act'') to require jmisdictions to allow emergency shelters, transitional housing and supportive housing to locate within their borders. The revised Section 65589.5 specifies that there are ouly five narrow situatiODS in which ajurisdiction can legally disapprove an emergency shelter, transitional housing development or supportive housing development. These five exceptions, discussed in more depth below, apply to; . (I) jmisdictions that have met their need for the type of project in question; (2) projects that willbave a specific adverse effect on public health or safety; (3) projects that must be denied to comply with federal or state law; (4) projects located onland zoned for agriculture orresoum:'preservation;and (5) projects thaI conflict with bOth the zoning ordinance andthc; general plan in jurisdictions 1hat have adopted an updated and compliant hOusing element. The subsequent portions of this memo will confirm that (a) the Housing Accountability Act applies in this case; (b) the City cannot avail itself of any of the exceptions; and (c) the City is therefore required under applicable law to approve HPC's CUP application. 2 November 5, 2008 Finding'l and Conclusion of the Commission in the Matter of Conditional Use Permit No. 08-21 ("Findiog'l and Conclusioo"), page5 tTOIIl; I'LOlic !;otIlsel i!1~ ~1I11 tlUlltl 11/i!II/i!UUII l~;all "au t".UUD/Ulb Page 4 of15 , """"~ A. The Housing Accountability Act Applies in This Case Regardless of the City's Attempts to Reclassify the CUP- Govt. Code f65S89.5(d) SB 2 amended the Housing Accountability Act to (1) add emergency shel~ to the list of protected housing and (2) to clarify that the definition of housing development project includes both transitioDal housing 4 and supportive housingS as well. 1. The Proposed Shelter Cannot be Classified as a Social Service Center- H&S Code U50801(e), 50801.2 Until adoption of the Urgency Ordinance establishing an Emergency Shelter Overlay District on October 20, 2008, the City of San Bernardino's Municipal Code ("the Code") did not define emergency/homeless shelter.6 To date, the Code still does not provide definitions of transitional or supportive housing. N; a result, developers must revert to the State law definitions of these uses. By not providing these definitions in its .Code, the City imposes a severe hardship on developers, constraining the development of these types of housing. !he City does, however, provide a definition for social service centers. The Code states that a social service center is: A building or buildings used for recreation, educational, cuitural, or religious activities operated by nonprofit grOups or agencies that are open to the' public. Related uSes may include food, service, childcare facilities, job training programs, after school programs, medical clinics, and other similar uses or activities. Residential facilities may be established as pan of the use. Drug and alcohol recovery facilities (outpatient or residential) may be a component of the social service use. MC 1106 II/I/OI The CUP at issue here was submitted for a ''homeless facility", not for a "social service. center." Under State law, an emergency shelter is defined as "housing with minim~) supportiYll_ services for homeless persons that is limited to occupancy of six months or less by a homeless person." H&S Code ~S0801(e). Since HPC's shelter, as proposed, would provide minimal supportive services to homeless persons and occupancy Would be limited to 6 months 7, it clearly meets the definition of an emergency shelter. Furthermore, according to HPC, it was informed by the City Planning Division arOlmd April 2008 that it did not meet the definition of a social , Defined as "housing witb miDIma1 supportive services for homeless persons that is. limited to ~ of six montbs or less by a bomeless person." cat. H&S Code ~S0801(e). . 4 Defined as "housing witb supportive services for up to 24 months that is exclusively desiguated and tmgeted for recently homeless persons. TrlU1Sitional housing includes Self-sufficiency development services, wi1Il !be uItimaIe goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rems and service fees to an ability-to-pay furmuIa n:asonably CODSistenl with the United States Deporrment ofHoosing and uman Development's requirements for subsidized housing for low-income persOns." Cat. H&S Code~50801.2. 'Defined as "housing witbno limit on length of stay, that is occupied by the taIgetpopulation as defined in subdivision (d) of Section 53260, and lbat is linked to on or olI-site services that assist the supportive housing resident in retaining housing, improving his or her healtb status, and maximizing his or her ability to live and, when possible, worlc in tbe community." Cat. H&S Code ~S0675.14(b). "Municipal Code Section 19.02.050 was amended on October 20,2008 to define emergency shelter pursuant to CaI. H&S CodeS0801(e). 7 June 19,2008 HPC letter to City, page 2; September 16,2008 SlaffReport, page 2 Frlllil:PIDlic Comsel 213 386 8088 11/26/2008 14:58 II22D l'.lIIIII/018 Page 5 of15 service center. The City has itself referred to the proposed shelter as all oftbe following in prior staff reports: homeless shelter, homeless facility or emergency shelter.8 Additionally, Background Facts 1.3 and 1.4 of the November 5, 2008 Findings and Conclusion discuss the existing homeless shelters in the City and the City's recently euacted urgency oroinance establishing the Emergency Shelter Overlay District 1bese facts would not be relevant to an application for a social service center. Furthermore, because HPC is neither a nonprofit group nor an agency, it is not qualified to establish a social service center and does not fit within the City's Code requirements for this use. Based on all of the factors outlined above, including the City's own admissions in its staff reports, HPC's proposed shelter cannot be classified as a social service center. 2. The Proposed Shelter FaIls UDder the Housing Accountability Act- Govt. Code !i65589.5(d) Regardless of what the City chooses to ,call the proposed shelter, the Housing AccOuntability Act would still apply because the shelter clearly qiiaIifies as an emergency shelter. As discussed above, m>C's shelter would provide mi,,;ni~1 suppOrtive seryices to homeless pt:rsons, including case inanagement; drug 8I1d alcohol education, job placement, and foundational life skills training covering a variety of issues that residents may be facing. These services are t!lrgeted at developing self-sufficiency skills and assisting the residents to transition into permanent bousing.9 Additionally, the shelter's occupancy would be limited to 6 months. In light of these characteristics, the proposed shelter falls within the criteria fQr emergency shelter. As stated in Govt. Code ~65589.5(d), emergency shelters are covered by the Housing Accountability Act and must be approved unless one of the five stated exceptions is met. . B. The City May Not Avail Itself of Any of the Exceptions UJlder the Homing Accountability Act- Govt. Code f65589.5(d)(l)-(5) In denying m>C's CUP application, the City has attempted to make a nwnber of arguments. First; the City attempts to escape from under the Housing Accountability Act altogether by reclassif'y'iilg the shClter as a social service center.1o Second, the City appears to claim that the proposed homelesssheiter fits within two of the five narrow exceptions. In an attempt to qualifY under subsection (dX2) of the Housing Accountability Act, the City appears to claim that the shelter would have a specific adverse impact on public health and safety that cannot be avoided or mitigated. Additionally, in its attemptto qualify under subsection (dX5), the City claims that the proposed shelter is inconsistent with both the City's general plan and its zoning ordinance. However, as will be detailed below, the findings adopted by the Planning · Sepcember 16,2008 Staff Report; October 16, 2008 StaffRopon; October 21,2008 Phuming Commission Agenda, F.!e 3; November 5, 2008 P1auning Commissioo Agenda, page 3. .. HPC's proposed sheI.... could also fall under 1he Stale definition of tnmsitional housing. which is also covered by the Housing ACC<lWIlability Act. 10 November 5, 2008 Findings and Conclusion #2 ("'I"" Commission finds that Ibe proposed project. ..does not share lhe characteristics of an emergency shelter as set funh in [CaJifumia law]."); #52 ("Sectioo 19.04.030(2)(1) of the Development Code requires social services to conform to the residential density standard oflhe IIIlderlyiDg land use designation...); and #5.3 ("Furthermore, Section 19.04.030(2)(1')(9) of the Development Code requires a one-acre minimum site area to establish a social service in a residential land use district.) Fmlll:Public Comsel 213 3B5 SOBS 11/26/2008 14:5S 1220 P.DD1/016 Page 6 oft5 Commission on November 5, 2008 are not legally sufficient for the City to qualify under any of the five narrow situations that Section 65589.5 requires for denial of this type of housing. The City is, therefore, clearly precluded from denying HPC's CUP application. Government Code Section 65589.5( dX I) applies only if the jurisdiction has adopted a revised and compliant housing Clement and met or exceeded its need for emergency shelters. This exception does not apply in this case because the City has neither adOpted a revised housing element nor has it met its need for emergency shelters. Government Code Section 65589.5(dX2) is discussed in more detail below and applies only if the project would have "a specific adverse impact on public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development financially infeasible." Although the City attempts to invoke this exception in its findings, it does not apply in this case for the reasons discussed at length below in Sections JII-B-2 & B-3. Govermnent Code Section 65589.5(d)(3) applies only if denial of a project is necessary for the jurisdiction to comply with state or federal laws. No such state or federal laws necessitating denial of this project are referenced in the Findings and Conclusion. Government Code Section 65589.5(d)( 4) applies only if the project "is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agriculturaI or res()UICe preservation' purposes, or which does not have adequate water or wastewater facilities to serve the project." This exception does not apply in this case because the land in question is not zoned for agriculturaI or resource preservation. Finally, Government Code Section 65589.5(d)(5) is diScussed in more detail below and applies only if the project ''is inconsistent with .both the jurisdiction's zoning ordinance and genetal plan land use designation as specified in lUIy element of the geDera1 plan as it existed on the date the application was deemed complete, tlIIdthe jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with this article." (emphasis added) Similar to exception (d)(2), this exception is not applicable in this case, despite the City's assertions. for the reaSons discussed at length below in Sections JII-B-I, B"3, and B-4. . 1. The City Does Not Have a Compli8Dt Housing Element and Therefore CaDDot Rely on the Inconsistency Exception of the Housing Accountability Act- Govt. Code ~558!J.5(d)(5) .' As detailed in Sections ill-B-2 through B-4 below, the City claims that the proposed shelter is inconsistent with its land use designations and general plan. Even if that were the case, State laW-only permits a City to deny a shelter based on incons.istency findings if the City has adopted a revised housing element in substantial compliance with the law. Specifically, this exception states that a local agency can disapprove an emergency shelter if: The development project or 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. (Govt. Code ~65589.5(d)(5)) (emphasis added) .'-~ Fr...,.: Pub Ii c Clu1se 1 213 3Bl:i SUBll 11/'D/'UU~ lb:UU irati 1'. UU~/LI1~ Page 7 of1S Because the housing element is an integral part of every jurisdiction's community planning process and its general plan, an emergency shelter cannot be denied as inconsistent with the general plan if the jurisdiction does not have a housing element that is fully compliant with state law. Government Code Section 65588(b) specifies the housing element revision schedule for local governments within the jurisdiction of the Southern California Association of Governments as June 30, 2006. This date was later changed to June 30, 2008 with the ~ of the California Department of Housing and Community Devel~ent ("HCD") I. The record clearly shows the City has not adopted a revised housing element 1 , and this is verified by HCD's online Review Status list. 13 Until the City reviews and revises its housing element, it cannot, in good faith, evaluate whether the proposed emergency shelter is actua1ly inconsistent with the general plan. Section 65589.5(d)(5) makes it clear that the City cannot rely on zoning inconsistency to deny a shelter if, as in this case, it has an outdated housing element that is not compliant with Section 65588. The City may believe that it is permitted to deny the shelter because it adopted an urgency ordinance on October 20, 2008 amending the Code to provide an overlay zone in which emergency shelters can be located by right. However, this belief disregards the City's obligations to comply with !!20! Government Code Section 65583 ("Housing Element law") and the Housing AccOlmtability Act. SB2 amended both statutory schemes. With. respect to Housing Element law, the City's adoption of the urgency ordinance appears to be an attempt to address the SB 2 amendment requiring that the City have at least one zone with sufficient capacity to accommodate the City's need for emergency shelters and where emergency shelters are permitted without a CUP or other discretionary action. Govt. Code ~65583(a)(4). However, contrary to the City Attorney's assertions in the October 17, 2008 staff report that the urgency ordinance may ''placeD the City in substantial compliance with Senate BiD 2", the City has neither complied with Housing Element law nor the Housing A-ccountability Act. The development standards adopted as part oftltis urgency ordinance in fact severelv constIain the ability to develop emergency shelters in the overlay district. Specifically, as a result of the I,OOO-foot public transit stop distance requirement and the 500-foot sepandion requirement from existing single-family homes and other uses, approximately 90".4 of the sites in the overlay district are unavailable for emergency shelter development. Therefore, the emergency ordinance is likely insufficient to assure compliance with the SB 2 amendments to the Housing Element. And, adoption of the emergency ordinanr.e does not somehow negate the City's failure to adopt a timely Housing Element. Regardless, the issue here is the City's compliance with the Housing Accountability Act (as amended by SB 2). As discussed above, the City does not have a revised housing element and therefore, cannot rely on the inconsistency findings exemption contained in Section 65589.5(d)(5) of the Housing Accountability Act to deny HPC's proposed shelter. II The State agency IeSpOIISibIe for administering housing element law and reviewing local housing elements 12 See O<:tober 16,2008 Staff Report Re: CUP No. 08-21, page 2: Oelober 17. 2008 StaffReportRe: Urgency Ordinance 10 Permit Emergency Shelters, page I; October 21, 2008 Letter from Henry Empeno, Sr. Deputy Senior Attorney, 10 Remy De La Peza, Public Counsel, Re: Human Potential Coosultants, LLC- Application for Conditional Use Permit. " http://www.hcd.ca.govlbpdlhrclplm.he/ ".'.""~ From: Pub lie Counsel 213 3811 lIUlIll 11/~1I/~U11 1D:UU 1I<!~ t'.UUl:l/~lb Page 8 oflS 2. The Proposed Homeless Shelter Is Not Actually Inconsistent with Current Zoning Ordinance or General Plan Land Use Designations- Govt. Code fi65589.5(d)(5) a. Density is Not Inconsistent with Cunent Zoning Ordinance or General Plan Land Use Designations Even if the City was permitted to rely on inconsistency findings under Section 65589.5(<1)(5), the proposed shelter's density is not inconsistent with the current zoning ordinance or general plan land use designations. Finding 5.1 states that although HPC agreed to reduce the number of residents from 56 to 36, "even that number would be at the extreme high end of the density allowed" and "[t]he ac1ual intensity of the use would be even greater, given the staffing requirements." However, the City specifically stated in its October 16, 2008 staff report that the equivalent density for a site approximately the size of 840 N. Sierra Way in the RM zone "would be 6 units, which would accommodate a range of20-36 residents." In teSpOnse to this concern, HPC agreed to reduce the number of its residents from 56 to 36, consistenl with the City's stated October 16,2008 density requirement 14 Furthermore, the City relies inappropriately on Municipal Code Section 19.04.030(2)(1') to invoke the requirement that social service centers must "conform to the residential density standard of the underlying land use designation, and to have a level of intensity compatible with the residential district surrounding the site."IS As clarified in Section ill-A-l of this letter, the proposed shelter cannot be classified as a social service center; therefore, Municipal Code Section 19.04.030(2)(T) does not apply and cannot be used as a basis to deny the CUP. b.Lot Size Requirement Does Not Apply to This Site Even if the City was permitted to rely on inconsistency findings under Section 65589.5(d)(5), the one-acre lot size requirement does not apply to this site. The one-acre . minimum site area requirement16 that the City cites in Finding 5.3 is only applicable to social service centers. As clarified in Section III-A-I of this letter, the proposed shelter cannot be classified as a social service center. It is improper for the City to assert that the proposed shelter should now be classified as a social service center despite the fact that the application was submitted for a "homeless facility", and the City has repeatedly referred to it as a homeless shelter, homeless facility, or emergency shelter in all of its previous staff reports. Therefore, this lot size requirement is inapplicable to HPC and cannot be used as a basis to find inconsistency. c.Proposed Shelter Would Not Alter Character of the Existing Neighborhood Even if the City was permitted to rely on inconsistency findings under Section 65589.5(d)(5), there is no evidence in the record to indicate that the proposed shelter would alter the character of the existing neighborhood. Finding 5.4 states that the proposed shelter would be inconsistent with the general plan because "[ e ]xis1ing homes in the immediate vicinity of the ,. November 5, 2008 Findings and Conclusion #5.2 " November 5, 2008 Findings and Conclusion #5.2 " Municipal Code Section 19.04.030(2)(I)(9) ""-. ~nllll: l'lA>1ic l:otI1sel l!111 1I1lD llUllll llfj!llfj!UUIl lD:Ul H!:~U t'.UiU/lJi~ Page 9 of 15 proposed project are single-fami1y residences." Although there are existing single-family homes nearby, properties in the immediate vicinitY represent minimal single-fami1y residences. The parcels immediately adjacent to the proposed site include the fQIlowing uses: four (4) vacant parcels (all zoned RM) to the south and southwest; Celebration City Lutheran Church to the west; Pioneer Memorial Cemetery and another adjacent cemetery to the east Additionally, permitting a homeless shelter in a residential zone is not Wlprecedentcd in the City. Central City Lutheran Mission at 1254 North G Street is zoned RM. The abovementioned Frazee Community Center, zoned RS, provides emergency shelter for 22 homeless men at a facility across from two schools, a child development center, and a neighborhood park. The City is acting arbitrarily in finding that HPC's proposed shelter would alter the character of the residential neighborhood when no such findings were made for the abovementioned shelters, all of which are also located in the City's residential zones. d.lmpacts of the Proposed Shelter Would Not Outweigh Benefits to the Public Even if the City was permitted to rely on inconsistency findings under Section 65589 .5( dX 5), any impacts of the proposed shelter would not outweigh its public benefits. Finding 5.4 states that, because of the general plan inconsistency discussed above, "the City sball utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public." As indicated in the most recent regional homeless COWlt, the City of San Bernardino is home to 1.915 homeless uer1lOns.17 This represents 26.1 % of the entire County homeless population, making the City home to the largest proportion of the County's homeless. Although the City states it currently has 265 beds in its existing homeless shelters, and an additional 164 beds under constructionl8, it is important to note that (I) one of these sheltersl9 (68 beds) is closed2o and (2) five of these facilitiei1 (112 beds) are domestic violence shelters. With only 197 beds actually currently available, and over 36% of these beds restricted to domestic violence shelters, there remains a significant unmet need for housing for the City's homeless. In addition to taking another 36 homeless persons off the street, the proposed shelter would serve homeless from the City of San Bernardino and would also provide extensive services (e.g., intense CllSe management, pre-employment preparation, career guidance, job placement) to facilitate reintegration. HPC's proposed shelter would be the only one in the City providing this combination of supportive services and housing for homeless persons. Thus, because of its failure to adopt a revised housing element, the City is not permitted to rely on the inconsistency exception contained in Section 65589.5(d)(5) to Qeny HPC's proposed shelter. Even if it had a revised housing element, there is insufficient evidence in the record to support a finding ofland use inconsistency. 17 2007 San Bernardino County Homeless Census and Survey Comprehensive Report, page 2l. 11 November 5, 2008 Findings and Conclusion 111.3 19 Salvalion Anny, 746 W. Fifth Slreel 20 l'umJant 10 conversation between Liz Roubidoux and Sa\va1ion Anny in October 2008. 21 80ih Veronica's Home sites; Option House; Time for Change Foundation; and New House ~nJl!l: 1'tJb11 c lllInsel j!J;:1 ~llb llUllll ll/j!~/j!UUll lb;Uj! 1Ij!j!U 1". U111 Ul ~ Page 10 oftS 3. The Proposed Emergency Shelter Would Not Have a Specific Adverse Impact on Public Health and Safety That Caunot Be Avoided or Mitigated- Govt. Code ~589.5(d)(2) a. Findings Do Not Establish Specific Adverse Impact on Public Health or Safety To establish that the proposed shelter would have a "specific, adverse impact upon the public health or safety," the City must have found "significant, quantifiable, direct, and unavoidable impact[s], based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.'.22 Govt. Code 965589.5(dX2). There is simply no evidence in the record to indicate that the City bas found significant, quantifiable public health or safety impacts based on identified standards. Not only does the City fail to identify significant, quantifiable impacts, it also fails to identify written public health or safety standards against which such impacts were measured. The City has clearly, therefore, failed to demonstrate that the denial of the CUP is consistent with 965589.5(d)(2). In Findings 3.1 through 3.4, the City contends that the housing of parolees or probationers at the proposed shelter constitutes a public safety concern. lithe City intends to claim that there is a significant adverse impact on public safety that cannot be avoided, it must present plausible evidence that the presence of parolees/probationers in this shelter will actually make the area harder to police. The mere potential for additional parolees/probationers living in this area does not make the area patently harder for police to service without considering any other factors such as the nature of the shelter in question.23 The only evidence given is previous experience with "a 24-unit facility" and a "14-umt apartment parolee/probationer facility. n24 The City does not provide any description of these facilities or of their opemtion, giving no basis for assuming they are actua1ly analogous to HPC's proposed shelter. The City's sparse findings regarding the previous facilities give no indication that those facilities were as well planned and as well equipped as HPC to prevent a significant burden on police resources and public safety, as demonstrated by HPC's Security Plan and other security policies. Regardless, the City still fails to present significant, quantifiable impacts as required by 965589.5(d)(2). While it may be tempting for the City to simplyasswne, without evidence, that parolees in every setting are highly likely to commit crimes, the law does not afford the City leeway to make such assumptions without presenting supporting evidence and considering the specifics of this facility and its particular programs and procedures. Otherwise, the City's argument seems to be that it is not conceivably possible, regardless of planning or precautions, to run a shelter that houses some parolees without significantly endangering public safety. Such an argument is unsupported and directly contradicts the legislative intent of SB 2. 12 This subsection Iiutber .tale. thal "[i]nconsisIl:ncy wilh lbe zoning ordinance or gmeral plan land use designation sball not coastitute . specific, adverse impact upon the public heallb or safety." 23 November 5, 2008 FiDdiDgs and COIWlusion #3.2 (''lhere is already. high com:en1l'8lion of paroleeslprobationers in lbe area"); #3.4 ("the Commission has concerns regarding the security at the proposed fiIcility if; as 8JlPClIIS to be lbe case, all or. substantial portion oflhe residents would be paroleeslprobations"). " November 5, 2008 Findings and Conclusion #3.3 ''''~....J ~~OD:~ljc Uounsel Ll~ ~ l:!lJtll:! 11/~tl/~ lb:U~ ,,~ ....Uli1!:/lJll:1 Page 11 of 15 --"-";"- Rather than relying on the experiences with two dissimilar facilities, the City should have considered HPC's two similar shelters in Los Angeles County.2S Neither of these shelters has caused a significant increased burden on the police force in their respective communities. Evidence based on a similar shelter with similar procedures and pl8cticcs run by the same organization is far more relevant than the experiences with two unrelated facilities. Furthermore, HPC's Security Plan addresses site security, discipline, disturbance control, facility containment, search & seizure, and emergency evacuation procedures, as outlined in its August 13, 2008 letter to Aron Liang, City Planning. Without relevant and specific information on which to base the conclusion that the residents at the proposed shelter will have an adverse impact on the community's public safety, this finding is unwammted. Even if the City fOlmd a specific, adverse. quantifiable impact on public health or safety, there is no evidence that such findings are based on objective standards, policies, or conditions as they existed on the date the application was deemed complete. b.City Has Not Made Required Finding Under Section 6SS89.S(d)(2) and Any Potential Impacts of Shelter Would be Mitigated or Avoided AdditiQnally, even if the City had presented evidence establishing that the proposed shelter would have a specific, adverse impact upon the public health or safety, the City must also have found that "there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without. .. rendering the development of the emergency shelter financially infeasible." Govt. Code ~6S589.s (d)(2). The adopted Findings and Conclusion fail to make this required finding. Even if the City bad made the required finding, HPC has provided the City with sufficient information which either mitigates or eliminates any potential safety concerns. Specifically, although HPC is not at liberty to discriminate against or refuse services to non- violent parolees, it does not service violent offenders. This fact extremely mitigates any concern that the residents would present a safety risk to the surrounding neighborhood. Furthermore, in response to the City's safety concerns with probationers/parolees residing at this shelter in light of prior experiences with other facilities, HPC has expressed its intent and desire to work very closely with the City's Police Department and other local service providers. As referenced above, on August 13.2008, HPC submitted responses to the City's safety concerns. Additionally, all staff receive training on how to oversee and monitor the activities of residents and how to enforce residential center rules and regulations. This training is ongoing via training curriculwns provided by the American Correctional Association, which specializes in training residential monitors working with various homeless and residential centers. Further details on HPC's personnel trainina is available and can be provided to the City.. In response to Finding 3.s and the City's concern with discharging residents who may be under the influence of banned substances, HPC has a clearly established procedure of providing a referral to an appropriate facility as well as ammging for the transportation of the resident to the referral location. Lastly, HPC docs not operate a day laborer program, and therefore, any concerns with the unsupervised release of residents as part of this pmported program are completed eliminated. Z5 BridgebllGk 11- 1718 W. Vernon Ave, LosADgeIes; US Vets Initiative-4JI6E. Compton Ave, Compton ,~ frorn:Public Gounsel 213 38fi llDBB 11/211/;tUll8 1 b: U I lraD 1'. Dl~/U111 Page 12 ofl5 Thus, because it has failed to identify specific, q"RntifiAhle health and safety impacts that cannot be mitigated, the City cannot rely on Section 65589.5(d)(2) to deny HPC's CUP. 4. The City's Land Use Conflict FmdiDgs llR Insaflicieat to Allow Deoial of the Shelter - Govt. Code !i!i65589.5(d)(2), (5) The City's Land Use Conflicts F;ndi.,~ are insufficient to allow it to deny the shelter under Section 65589.5(d)(2) or Section 65589.5(d)(5). The City states the proposed projett would have "adverse impacts on neighboring land uses... that could not be avoided with the adoption of the ameliorative measures the applicant was able and willing to adOpt.'.27 However, no specific, quantifiable findings of adverse impacts on public health or safety based on objective, identified written public health or safety standards, policies, or conditions on the date the applicant was deemed complete have been made. Additionally, Section 65589.5(d)(2) specifically states that land use inconsistency does not constitute a specific, adverse impact on the public health and safety. As discussed in further detail below, any proposed impacts on Option House and Lincoln II Elementary School can be avoided. As discussed above in Section m-B-l, the City's failure to adopt arevisedhousing element precludes it from denying the shelter based on general plan or land use inconsistencies. Regardless, as discussed below, any potential land use conflicts are avoidable; therefore, the City fails to establish grounds for denial based on its Land Use Conflicts Findings. a.Shelter Would Not Have Unavoidable Adverse Impacts on Option House The City cites the proximity of Option House, a domestic violence shelter, to the proposed shelter as grounds for a land use conflict.28 eased on the relevant findings, it appears that the City believes that the residents of the proposed shelter will pose a threat to the safety of Option House residents, though this is never specifically stated. The proposed shelter will not house any violent offender parolees or probationers, and, because HPC is not eligible to provide services for sex offenders, these individuals will not be participants or residents of the proposed shelter. Additioually, any safety concerns as they relate to the residents of Option House are mitigated by the fact that the proposed shelter would operate under a specific schedule requiring participants to be at meals, meetings or programming from 6 am to 6 pm Monday through Friday. This regimented schedule, in addition to HPC's security efforts, extremely mitigates and possibly eliminAtes the possibility of these individuals coming into contact with residents of Option House. Fwthermore, Section 65589.5(d)(2) specifically states that land use inconsistency does not constitute a specific, adverse impact on the public health and safety. b.Shelter Would Not Have Unavoidable Adverse Impacts on Planned Lincoln II Elementary School The only land use conflict asserted by the City with regards to the planned Lincoln II Elementary School is that "undesirable contacts between students waIking by the facility and u November 5, 2008 Findings and Conclusion #4 el seq. 27 November 5,2008 Findings and Conclusion #4 "November 5, 2008 Findings and Conclusion #4.1-4.4 '- Frm:Public Comsel 213 386 SOBS 11/28/200B 16:0B I22D P.OI4iD~S Page 13 of15 residents of the facility likely would occur.>>29 Based on this assertion, it appears that the City believes it is "undesirable" to potentially have elementary school children intemcl with or walk by homeless individuals. However, Frazee Community Ceoter at 1140 Mill Street, zoned Residential Suburban (RS), cummtly provides emergency shelter to 22 homeless men in a facility directly across from two schools, a child development center, and a park. A new elementary school is planned to be constructed directly to the south of this existing shelter. Finding 4.5 makes an tmfounded and discriminatory assumption that homeless persons would somehow improperly interact with children wa1king to school, in addition to singling out this particular shelter and treating it differently from other similar shelters in the City. This is precisely the type of discrimination that the Housing Accountability Act and SB 2 were enacted to deter. Furthermore, in its own comment l~o on this matter, the San Bernardino Unified School District did not assert any unavoidable safety impacts of the proposed shelter on the school. Rather, its letter highlights the City's need for more intensiv~ rehabilitation, of the kind HPC would provide, to address chronic homelessness. In addition, the proposed shelter would provide housing for homeless persons already on the streets of the City. By housing these individuals, the opportunities for interaction with the public in general is already greatly reduced. Furthermore, the proposed shelter would operate under a specific schedule requiring participants to be at meals, meetings or programming from 6 am to 6 pm Monday through Friday. This regimented schedule extremely mitigates and possibly eliminates the possibility of these individuals being outside of the shelter when school children are present. Regardless, as the findings allude, HPC has proposed to include a sunset clause or date of expiration in the CUP.3! It is both common practice and legally enforceable for jurisdictions to place an expiration date as a condition for approval of a CUP. On October 8, 2008 HPC offered to terminate use of the site as a homeless shelter upon the completion of'the proposed elementary school and to provide a new use, as permitted by the Code. that would best serve the community. There is no question that the expiry of use of the shelter at the time of the school's completion would eliminate any potential land use conflict. 'The City's position that it cannot approve the CUP because it cannot guarantee the:futurc use following the expiIation of the a;p32 is misguided. Because the CUP would have a sunset clause limiting the validity of the CUP to avoid any conflict with the school, the subsequent use of the property would have to be a use that is permitted under current zoning ordinances without a CUP. The approval of a CUP with a sunset clause will have no legal effect whatsoever on the future use of the property following the expiIation of the CUP. While HPC has expressed its wiJHng>>_o to work with the City to help ensure an appropriate use follows the expiration of the CUP, the City's land use ordinances ultimately ensure that an appropriate use will follow. Because of these reasons and because Section 65589.5(dX2) specifically states that land use 29 November 5, 2008 Fiudiog.> and Conclusion #4.5 ,. September 16, 2008 Staft'Report, Anaclnnent E (June 25, 2008 leller from Judy D. White, San Bernardino City Unified School District Deputy Superintendent) " October ]6. 2008 PlanniDg Division Staft'Report, page ]: November 5, 2008 Findings and Conclusion #4.6 32 November 5, 2008 Findings and Conclusion #4.6 ..... ""'" LV' LVVV .I' .I'" '" I ........'...." "...",,"'........ \L'.I1 .IV" I VVI "v, "VV" "L Page 14 oflS inconsistency does not constitute a specific, adverse impact on the public health and safety, the City has no basis to deny the CUP on future use 1lI'0unds . Finally. the City is also severely limited in its ability to deny the shelter based on school impacts because California law already provides a mechanism for mitigation of school impacts- see, e.g. Education Code Section 17620 and Government Code Section 65995. IV. The Law Requires the City Council to Grant HPC'I CUP to Operate a Homeleu Shelter Without Impoling UllftlIIon.ble Conditiolll and/or Ratrictlolll As highlighted above, the City has an overwhelDUng and unmet need for housing and services for its 1,915 homeless residents. The City's existing shelters do not even come close to providing enough beds to house its homeleSll. By denying HPC's proposed shelter, essential housing and services are being elimin~ted from the community. The Planning Commission's decision on November 5, 2008 was in violation of State law. State law, including the Housing Accountability Act as amended by SB 2, promoits the City from denying a homeless shelter under the City's CIIIICIIt fjntlings. Not only are the City's findings facially insufficient to establish grounds for denial of the proposed shelter, but the City has also failed to adopt a revised housing element consistent with State law. "=,~. As explained above, HPC's proposed shelter cannot be classified as a social service center. Clearly, the shelter- whether classified as an emergency shelter or transitional housing- falls under the protections of the Housing Accountability Act As shown in Section III of this memo, the City does not have any basis to deny the shelter because it cannot avail itself of MY of the exceptions to the Housing Accountability Act. Because of its failure to adopt a revised housing element, the City is not permitted to rely on the inconsistency exception contained in Section 65589.5(d)(S). Even if it bad a revised housing element, there is insufficient evidence in the record to support a finding ofland use inconsistency. Fwthennore, because it has failed to identify specific, quantifiable health and safety impacts based on objective, identified written public health or safety standards, the City cannot rely on Section 65589.5(dX2) to deny HPC's CUP. Therefore, the law requires tile City Council to approve HPC's CUP to operate a homeless shelter without imposing lIlIreasonable conditions and/or restrictions on its Operation. By approving the CUP, the City Council will not only bring the City's actions into compliance with State law, but 'Will also materially address the needs of the City's homeless ~idents. HPC respeotfully requests that the City Council approve its CUP application to operate a homeless shelter at 840 N. Sierra Way. Respectfully Submitted, ~~~ Attorney Equal Justice Works Fellow --- "Y" ~V' ~VVV J.JV'" . "'......." "'....""".... \~.../ ..vJ~..,,~ ....... J" "J ,. J Page 15 oflS Community Development Project- HOPE Unit Public Counsel cc: Dr. Garnett Newcombe, CEO Human Potential Consultants, LLC