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HomeMy WebLinkAbout22-Development Services - CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Develo.pment Services Subject: An Urgency Ordinance adding area 6 to the areas designated within the Emergency Shelter Overlay District as provided in Development Code Section 19.10-e.020, declaring the urgency thereof, and taking effect immediately. From: Valerie C. Ro.ss, Director Date: July 16,2009 File: MCC Date: July 20,2009 Synopsis of Previous Council Action: 05- I 9-2008 Mayor and Co.uncil approved Reso.lutio.n 2008- 15 I, an Agreement with The Planning Center to. provide an update of the City's General Plan Housing Element, including an analysis of the need for emergency ho.meless shelters. 10-20-2008 Mayor and Council adopted Urgency Ordinance No. MC-1288, establishing the Emergency Shelter Overlay District. 11-17-2008 Mayor and Council received inforrnatio.n from The Planning Center regarding the emergency shelter component of the proposed revised Ho.using Element and the requirements 0.1' Senate Bill 2, and continued this matter to November 25, 2008. 11-25-2008 Mayor and Council ado.pted Urgency Ordinance No. MC-I290, amending and extending MC-I288, amending the Development Co.de and establishing 5 Areas within the Emergency Shelter Overlay District. Recommended motion: That the hearing be closed and that: (A) Said Urgency Ordinance be adopted; o.r (B) Said Ordinance be laid over for final adoption; or (C) The matter be co.ntinued for two weeks and staff be directed to. prepare an amendment to. the Urgency Ordinance (MC-1290) to include the OIP, Office Industrial Land Use District and the area included in Option 2. ~U.f(!#- Valerie C. Ross Contact Person: Terri Rahhal, City Planner Phone: 5355 Supporting data attached: Staff Repo.rt, Ordinance (2) Ward(s): City Wide FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) Acct. Description: Finance: Council Notes: Agenda Item No. ;) :J. {- 7--0-0'1 . - CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: An Urgency Ordinance adding area 6 to the areas designated within the Emergency Shelter Overlay District as provided in Development Code Section 19.1 0-e.020, declaring the urgency therco.f, and taking effect immediately. Background: On October 20, 2008, the Mayo.r and Co.mmon Co.uncil adopted MC-1288, an Urgency Ordinance which established the Emergency Shelter Overlay District, to pem1it emergency shelters with approval of a building pennit within the IL, Industrial Light, land use district lying south o.f3rd Street, east o.fWatern1an Avenue, and north of Central Avenue. On November 25, 2008, the Mayor and Council adopted MC-1290, which extended the Urgency Ordinance for 10 mo.nths and 15 days, and replaced the geo.graphic area previously designated with five new areas in the IL or CH (Co.mmercial Heavy) land use districts 0.1' the City, as sho.wn on the attached maps (Areas 1 through 5). Currently scheduled o.n the July 20,2009 Mayo.r and Co.mmon Council meeting agenda is the co.ntinued appeal hearing on Conditional Use Pern1it No. 08-2 I, the appeal filed by Human Potential Co.nsuItants, LLC, ("HPC") 0.1' the Planning Commissio.n's denial ofa CUP to convert an existing 6,747 square foo.t church building into a 56-bed homeless shelter with related support facilities and office space located at 840 North Sierra Way in the RM, Residential Medium, land use district. HPC agreed to decrease the capacity of their proposed ho.meless shelter to 36 beds. At the April 6, 2009 Mayor and Commo.n Co.uncil Meeting, supporters from Option House, Inc. opposed granting the CUP. Optio.n Ho.use, Inc. is a nonprofit organizatio.n created thirty-two. years ago in 1977, which provides basic services to victims 0.1' do.mestic vio.lcnce, including 24 hour shelter, 24 hour crisis ho.tline, temporary housing and foo.d, psychological support and peer counseling, children's services, emergency transportatio.n, resources and referral. Supporters of the Option House opposed the CUP because HPC's proposed location was in such close proximity to Option House's primary shelter facility, established in 1983, so as to jeopardize the safety of the wo.men and children staying there. At the April 6, 2009 Council meeting, the Mayor and Common Council directed City staff to research alternative locations for HPC's proposed emergency shelter at 840 No.rth Sierra Way. In the more than three months since that date, HPC and City staff have held several meetings and pho.ne conferences and discussed over twenty Po.tential sites lo.cated throughout the City. Well over 30 sites were identified, but some were discarded because of proximity to. sensitive uses such as schools or parks. Other sites were discarded because the site o.wner did not want to enter into a lease agreement to ho.use an emergency shelter. Some sites that had merit were leased or sold and no longer available. And still other sites contained substandard buildings. Two. sites in particular were identi fied as having the most potential for further consideration. -- - One site (Option I) is located at 225 West Orange Show Lane. This 0.63 acre parcel, (APN 0141-281-44) has a vacant 10,476 square foot warehouse-type building, and is lo.cated in the lL, Industrial Light land use district. It is not near sensitive uses such as schoo.ls and residences, and is immediately abutting the Warnl Creek Wash and other light industrial buildings. These light industrial buildings contain typical small warehouse and light industrial uses. Ho.wever, the buildings along Orange Show Lane abut the rear of the buildings that front o.n Orange Show Road. These co.ntain a mix of office and service uses that have mo.re employees and customers. Bus service is available o.n "E" Street, which Wo.uld require clients to walk from Arrowhead Avenue adjacent to the Humane Society, o.ver to "E" Street. The walk is less than Y2 mile as required by the existing urgency ordinance. This is the subject matter of the Urgency Ordinance o.r the regular Ordinance. (See attached map of Area 6, Option I.) The seco.nd site (Option 2) is located at 673 S. Waterman Avenue in the OIP, Office Industrial Park land use district. The site consists of a 0.86 acre parcel (APN 0280-21-45), with a 9,500 square foot wareho.use-type building. Although this site is more visible than the site in Option 1, it is a stand-alone building with a completely fenced yard. Bus service is available along Waterman Avenue. The OIP land use district is adjacent to. both sides 0.1' Waternmn A venue from So.uth 0.1' Orange Sho.W Ro.ad to north 0.1' Mill Street. The IL land use district abuts the OIP. Optio.n 2 would require an amendment to the Urgency Ordinance (MC-1290) to. allow emergency shelters in thc OlP, Office Industrial Park land use district. (See attached map 0.1' Area 6, Option 2.) The Urgency Ordinance proposes to. add the property located as Area 6 (see attached map of Area 6, Option I) to. the Emergency Shelter Overlay District. Approval of this Urgency Ordinance (Option I) will allow HPC to submit and process an application for a Development Permit 1 (DP-I) to. establish an emergency shelter. Upon approval o.fthe DP-I, HPC has stated that they will withdraw their appeal and application for CUP No.. 08-21 fo.r 840 North Sierra Way. Financial Impact: Undetermined. Recommendation: That the hearing be closed and that: (A) Said Urgency Ordinance be adopted; o.r (B) Said Ordinance be laid over fo.r final ado.ption; or (C) The matter be continued for two weeks and staff be directed to. prepare an amendment to the Urgency Ordinance (MC-1290) to include the OIP, Office Industrial Land Use District and the area included in Option 2. Attachments: Area 6 - Option 1 Area 6 - Option 2 Urgency Ordinance Ordinance 2 - - -- LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 6 Option 1 -- 1 . ~I ." l- f/) w '\ u NORTH f L~LLI J ~c~y J II I [......~ I " ~-~ ..!c rrr ~ -rUmllLtf ,~, ][[~= ex: ORANGE SHOW RD ___Ct:......- <i I- -- ) l --- - LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 6 Option 2 1"2: 'I I' I '~ t \ ~ J - ~ J\i 3 z W ...J ....Jj; .<( !- 6---, ~ :z ------1 \ . UJ ~ z <l: :E a:: UJ f- <l: .~ I E'~i _,LLf 8 IJ CENTRAL AVE ~, u NORTH u aIDE DRAKE 18 19 20 21 22 23 24 25 26 1 2 ORDINANCE NO. AN URGENCY ORDINANCE ADDING AREA 6 TO THE AREAS DESIGNATED WITHIN THE EMERGENCY SHELTER OVERLAY DISTRICT AS PROVIDED IN DEVELOPMENT CODE SECTION 19.10-E.020, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIA TEL Y. 3 4 5 6 The Mayor and Common Council of the City of San Bernardino do ordain as 7 follows: 8 9 WHEREAS, Section 40(z) ofthe City Charter vests the Mayor and Common Couneil 10 11 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 12 WHEREAS, Sections 31 and 121 of the City Charter provide for the adoption of an 13 urgency ordinance for the immediate preservation of the public peaee, health, or safety if passed 14 15 16 17 by a two third's (2/3) vote of the Council; and WHEREAS, Human Potential Consultants LLC ("HPC") has filed an appeal of the Planning Commission's denial of Conditional Use Permit No. 08-21, to convert an existing 6,747 square foot chureh building into a 56-bed emergency homeless shelter (later reduced to a 36-bed homeless shelter by HPC) at 840 North Sierra Way; and WHEREAS, the safety of women and children staying at Option House Inc.' s domestic violence shelter, located in close proximity to 840 North Sierra Way, would be jeopardized if CUP No. 08-21 is approved; and WHEREAS, HPC has requested that the Mayor and Council consider the property located at 225 West Orange Show Lane as an alternative site for the emergency homeless shelter HPC 27 proposed to establish at 840 North Sierra Way; and 28 /-;70-01 ~. ;);J ;4 F:\EMPENO\Ordinances\Emergency Shelter Urgency Ordinance 7-14-09.wpd 1 20 21 22 23 24 25 26 27 28 1 2 WHEREAS, 225 West Orange Show Lane is a 0.63 acre parcel, APN 0141-281-44, with a vacant 10,476 square foot warehouse-type building, and is located in the IL, Industrial Light, 3 4 5 6 land use district; and WHEREAS, 225 West Orange Show Lane is loeated immediately abutting Warm Creek Wash and other light industrial buildings, and is isolated from sensitive uses such as schools and 7 residences; and 8 9 10 11 12 13 WHEREAS, on Oetober 20, 2008, the Mayor and Couneil adopted Urgency Ordinance No. MC-1288 (incorporated herein by reference) whieh created the Emergeney Shelter Overlay District, to permit the establishment of emergency shelters without requiring approval of a discretionary Conditional Use Permit; and 14 15 16 WHEREAS, on November 25, 2008, the Mayor and Council adopted Urgency Ordinance No. MC-1290, which amended and extended MC-1288, amended the Development Code and established 5 Areas of the City within the Emergency Shelter Overlay District; and 17 18 WHEREAS, HPC has represented to the City that ifHPC is granted a Development 19 Permit to establish an emergency homeless shelter at 225 West Orange Show Lane, that HPC will withdraw their appeal and application to establish an emergency homeless shelter at 840 North Sierra Way; /11 11/ F:\EMPENO\Ordinances\Emergency Shelter Urgency Ordinance 7.14-09.wpd 2 21 22 23 24 25 26 27 28 1 2 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 3 4 Section 1. The Mayor and Common Couneil find that the above-stated Reeitals are 5 true and hereby adopt and incorporate them herein. 6 Section 2. Area 6 is hereby added to the 5 Areas previously designated within the 7 Emergeney Shelter Overlay District as provided by Development Code Section 19.10-E.020 and 8 9 10 Urgency Ordinance No. MC-1290. Area 6 consists ofa 0.63 acre parcel, APN 0141-281-44, located at 225 West Orange Show Lane, as depicted on the maps attached and incorporated 11 herein as Exhibit A. 12 13 Section 3. This Ordinance is based upon the reeitals and findings set forth above, and 14 15 the aceompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the authority granted to the City of San Bernardino in Artiele 11, Section 7 of the California 16 Constitution, and Sections 31, 40(z), and 121 of the Charter of the City of San Bernardino. 17 Section 4. Urgeney. Pursuant to Sections 31 and 121 of the Charter of the City of 18 19 San Bernardino, this Ordinance shall require passage by a two-thirds (2/3) vote of the Couneil, 20 and shall take effeet immediately, for the immediate preservation of the public peace, health, or safety. Unless this Urgency Ordinance is adopted, Human Potential Consultants LLC will pursue their appeal of Conditional Use Permit No. 08-21, to establish an emergency homeless shelter at 840 North Sierra Way. The establishment of an emergency homeless shelter at 840 North Sierra Way will jeopardize the safety ofthe women and children staying at Option House, Inc.'s domestic vioIenee shelter located in close proximity. The property in Area 6 will provide an F:\EMPENO\Ordinances\Emergency Shelter Urgency Ordinance 7-14-Q9.wpd 3 1 2 alternative loeation for Human Potential Consultants LLC to establish an emergency homeless shelter. 3 4 Section 5. Compliance with the California Enviromnental Quality Act. The Mayor 5 and Common Council finds that this Ordinance is not subjeet to the California EnviromnentaI 6 Quality Act (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or 7 reasonably foreseeable indirect physical change in the enviromnent) and 15060(e)(3) (the activity 8 9 is not a project as defmed in Section 15378) of the CEQA Guidelines, California Code of 10 Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to 11 the enviromnent, direetly or indireetly. 12 Section 6. Severability. If any section, subsection, subdivision, sentenee, clause or 13 14 phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid 15 or ineffective by any eourt of competent jurisdiction, such decision shall not affect the validity or 16 effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and 17 18 Common Council hereby declares that it would have adopted eaeh section irrespective of the faet 19 that anyone or more subsections, subdivisions, sentences, clauses, or phrases be declared 20 21 22 unconstitutional, invalid, or ineffective. /// /// 23 24 25 26 27 28 F:\EMPENO\Ordinances\Emergency Shelter Urgency Ordinance 7-14-09.wpd 4 24 25 26 27 28 1 AN URGENCY ORDINANCE ADDING AREA 6 TO THE AREAS DESIGNATED WITHIN THE EMERGENCY SHELTER OVERLAY DISTRICT AS PROVIDED IN DEVELOPMENT CODE SECTION 19.10-E.020, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY. 2 3 4 5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 6 Council of the City of San Bernardino at a meeting thereof, held on the 7 _day of , 2009, by the following vote, to wit: 8 9 10 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA 11 BAXTER 12 BRINKER 13 14 15 16 SHORETT KELLEY JOHNSON 17 18 MC CAMMACK 19 20 21 22 23 Rachel Clark, City Clerk The foregoing Ordinanee is hereby approved this day of ,2009. PATRICK 1. MORRIS, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN City Attorney ~1-'~ o F:\EMPENO\Ordinances\Emergency Shelter Urgency Ordinance 7-14-09. wpd 5 - -- - Exhibit "A" LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 6 u NORTH LL11 . LJ HillCREST .;..c...... ...................... QRANGEjS. ."""(- -L_ illi ([]llnillrr ."I_[j] . ...- ORANGE SHOW RD , , - l~f ~:g" I' '1.:. . ..9i11ooA 'L.:..-' ~L~ .__~~ ~ ., " __ ". j' 'cr- ~l. ....~ ......". , , ..;tJ ~j~4it: -:i\lJ~it ;.l2~R:'." ~.",.H...:j.I..I~;;t,.~~IIL2I!I:--~~p~r;~,r.~!1q' ..' ~!-lLI' 'tlJ. . I l'""'.('....-:..w:.:a~dll....~~.,1 ~;:l1I\~.L2JL.. .'1;;.~' L 'iid. j.. ~ - ....... i' I~L.~D~. - .. 1Ii'-':-'~~.' D'IIl~'f!:II-IIII" r c ifj1~. ~J .~~ . ';)'. J~;~~~JJ~ ,'~ .~. t.~. :1;...... ~~. lI, ~!;;i.>~.. R .'.;'.i ~ ,', 1',.-.~11! 'Iii....- \l...........~ IL.~ l' lJM~ ~ ~f'ir.u '. lo" 0 ~'" ~'l; 'ija':n .;r~ ~~~.. 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Q) '" au. a ~ .~ . o c c-' - ;: "Eo OJ.c EOO '" '" roOl c c OJ ~ 000 Os -"=,,,, 0'" '" "\~- I III $: , " a on . . 1 ORDINANCE NO. 2 ORDINANCE ADDING AREA 6 TO THE AREAS DESIGNATED WITIDN THE EMERGENCY SHELTER OVERLAY DISTRICT AS PROVIDED IN DEVELOPMENT CODE SECTION 19.10-E.020. 3 4 5 6 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 7 8 9 10 WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with the power to make and enforee 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 11 12 WHEREAS, Human Potential Consultants LLC ("HPC") has filed an appeal of the 13 Planning Commission's denial of Conditional Use Permit No. 08-21, to convert an existing 6,747 14 square foot church building into a 56-bed emergency homeless shelter (later reduced to a 36-bed 15 homeless shelter by HPC) at 840 North Sierra Way; and 16 17 WHEREAS, the safety of women and ehiIdren staying at Option House Ine. 's domestic 18 19 20 violence shelter, located in close proximity to 840 North Sierra Way, would be jeopardized if CUP No. 08-21 is approved; and WHEREAS, HPC has requested that the Mayor and Council consider the property located 21 at 225 West Orange Show Lane as an alternative site for the emergency homeless shelter HPC 22 23 24 25 26 27 28 proposed to establish at 840 North Sierra Way; and WHEREAS, 225 West Orange Show Lane is a 0.63 aere pareel, APN 0141-281-44, with a vaeant 10,476 square foot warehouse-type building, and is located in the IL, Industrial Light, land use district; and 7- .;70-0'1 F:\EMPENO\Ordinances\Emergency Shelter Ordinance 7-16-09.wpd dif8 1 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 WHEREAS, 225 West Orange Show Lane is located immediately abutting Warm Creek Wash and other light industrial buildings, and is isolated from sensitive uses such as schools and residenees; and WHEREAS, on October 20, 2008, the Mayor and Council adopted Urgeney Ordinance No. MC-1288 (ineorporated herein by reference) which ereated the Emergency Shelter Overlay District, to permit the establishment of emergency shelters without requiring approval of a discretionary Conditional Use Permit; and WHEREAS, on November 25, 2008, the Mayor and Council adopted Urgency Ordinance No. MC-1290, which amended and extended MC-1288, amended the Development Code and established 5 Areas of the City within the Emergency Shelter Overlay District; and WHEREAS, HPC has represented to the City that ifHPC is granted a Development Permit to establish an emergeney homeless shelter at 225 West Orange Show Lane, that HPC will withdraw their appeal and application to establish an emergency homeless shelter at 840 North Sierra Way; /1/ /1/ F:\EMPENO\Ordinances\Emergency Shelter Ordinance 7-16-09.wpd 2 1 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 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: Section 1. The Mayor and Common Council find that the above-stated Recitals are true and hereby adopt and incorporate them herein. Section 2. Area 6 is hereby added to the 5 Areas previously designated within the Emergency Shelter Overlay District as provided by Development Code Section 19.IO-E.020 and Urgency Ordinance No. MC-1290. Area 6 consists ofa 0.63 acre parcel, APN 0141-281-44, located at 225 West Orange Show Lane, as depicted on the maps attached and incorporated herein as Exhibit A. Section 3. This Ordinance is based upon the recitals and findings set forth above, and the accompanying Staff Report and its attachments to this Ordinance, and is adopted pursuant to the authority granted to the City of San Bernardino in Article 11, Section 7 of the California Constitution, and Section 40(z) of the Charter of the City of San Bernardino. Section 4. 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) ofthe 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 5. 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 F:\EMPENO\Oniinances\Emergency Shelter Ordinance 7-16-Q9.wpd 3 1 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 or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or 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 F:\EMPENO\Ordinances\Emergency Shelter Ordinance 7-16-09.wpd 4 1 ORDINANCE ADDING AREA 6 TO THE AREAS DESIGNATED WITHIN THE EMERGENCY SHELTER OVERLAY DISTRICT AS PROVIDED IN DEVELOPMENT CODE SECTION 19.10-E.020. 2 3 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 5 meeting thereof, held on the Council of the City of San Bernardino at a 6 7 _day of , 2009, by the following vote, to wit: 8 COUNCIL MEMBERS: NAYS ABSTAIN ABSENT AYES 9 10 11 ESTRADA BAXTER 12 13 14 BRINKER SHORETT KELLEY 15 16 JOHNSON 17 MC CAMMACK 18 19 20 21 22 23 24 25 26 27 Rachel Clark, City Clerk The foregoing Ordinance is hereby approved this day of ,2009. PATRICK J. MORRIS, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN City Attorney 28 F:\EMPENO\Ordinances\Emergency Shelter Ordinance 7-16-09.wpd 5 Exhibit "A" LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 6 u NORTH w ~ o ~ :r ~ o a:: o c c-' - :: Eo l1l.s:;; Em a>a> :0", c C l1ll1l '/)0 0:;: ~'"' J'" '" ~v . < ! Exhibit "A" - '.,. -.., , ..~ .'. ", OC C-' '0:: ~ 0 l1l.s:;; Em a> a> en", C C l1ll1l mQ oS: .~'"' 0'" '" '-. .,,,, . .