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HomeMy WebLinkAbout26-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 CITY OF SAN BERNARDINO Development Services Department Interoffice Memorandum TO: Mayor and Common Council Valerie C. Ros~ctor FROM: THROUGH: Charles McNeely, City Manager SUBJECT: UrgencylRegular Ordinance adding area 6 to the areas designated within the Emergency Shelter Overlay District as provided in Development Code Section 19.10-E.020. DATE: July 30, 2009 COPIES: Rachel Clark, City Clerk; James F. Penman, City Attorney Background: At the July 20, 2009 Mayor and Common Council meeting, the discussion on the Emergency Shelter Overlay District and the continued appeal hearing on Conditional Use Permit No. 08-21, the appeal filed by Human Potential Consultants, LLC, ("HPC") of the Planning Commission's denial ofa CUP to convert an existing 6,747 square foot 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 were continued to August 3, 2009. The staff report identified two sites that could be considered for establishment of a homeless facility as requested by Human Potential Consultants. Those sites were 225 W. Orange Show Lane and 673 S. Waterman Avenue. Staff received a fax dated July 29, 2009 from Sidley Austin LLP, the law firm representing Human Potential Consultants in which staff was notified that 225 W. Orange Show Lane site was no longer an option. However, the site at 673 S. Waterman Avenue is still a viable option. As noted in the July 20, 2009 staff report to the Mayor and Common Council, 673 S. Waterman Avenue consists ofa 0.86 acre parcel (APN 0280-21-45), with a 9,500 square foot warehouse- type building in the OIP, Office Industrial land use district. The OIP land use district is adjacent to both sides of Waterman Avenue from south of Orange Show Road to north of Mill Street. The IL, Industrial Light land use district abuts the OIP on both sides of Waterman Avenue. Unlike the Orange Show Lane site, this building is a stand-alone, self-contained site, similar to many of the uses in the vicinity. Bus service is available on Waterman Avenue. This site is more visible than the Orange Show Lane site, however, that can be seen as a positive attribute. The higher visibility should reduce the potential for real and/or perceived problems associated with a homeless shelter. This sit is also not located in close proximity to sensitive uses. Agenda Item No. 26 ~- -;~O" PC Memo 07.30.09 Page 2 of2 Financial Impact: Undetermined. Recommendation: That the item be continued to August 17, 2009 and that Planning staff be directed to prepare an ordinance to allow homeless facilities at 673 S. Waterman Avenue, subject to the City Attorney's determination as to whether to proceed with a regular or urgency ordinance or both. Attachments: July 29, 2009 Fax Transmittal from Sidley Austin LLP 07/29/2009 04:3Z:Z~ PM l::>l.Q.Lt:Jy u.Lu..LvY .u.o"'" ..L J. It SID'LEYI SIDLEY AUST1N u.p 555 WEST FIFTH STREET LOS ,ANGELES. CA 90013 213 898 6000 2138H HOO: FAX BEIJJNG BRUSSELS CHICAGO DALLAS GENEVA HONG KONG! LONDON LOS ANGELES NEW YORK SAN FRANCISCO SHANGHAI SINGAPORE TOKYO WAS...ING1'ON, DC doni...brownGltidley,com (213) 896-8882 FOUNDED 1886 FAC~IMILE TRANSMISSION FORM Date: Jul 29,2009 No. of To: Hen To: Ter 384-5080 'Ci! ;o:;! ce, f"" .p .-0 ~ i"<"' Ci> :z ~ (:} C To: Lou Schne To: RachelOark 909 384-5158 From: Denise D. Brown Ex!. 46882 Floor: 41 sf. '" ~ .....'~ ~. COMMENTS: AppealoftfIe Planning Cnmmi.~sian '.f Denial of Human Patential Consultants' Applicationfor Conditional Use Permit No. 08-21 (Appeal No. 08-07) * . * * . * * * * * * IRS Circular no lJiW!It\Q.II....: "10 OOInpIy with certain U.S. TRlSUry rquIations. we inform you thai, unJcss c:xprcssIy su.led otherwise, Illy U.s. r._ We odvico ooaIlIincd in Ibis COIIIDIUIlieaIi including _, _ not in_ Of wri_ to 110 ...... 8IllI CIIlIlOI 110...... by lIlY _jCt for the purpose of avoicIinIlIIY]lCIlIItics thot may be imposed m suclll8Xpll)'lll' by Ihc: Intcmol R....... Servi",. In odiIiti<Jn. if lIlY such tax ""vi", is...d or.mmd 10 by odic, parties in proIlIOlinJ.llIIIicling or '..-ua>din& Il1Y par\lIelSbio or _ entity, in_t plan or.....gcmcnt....... (il.... ""vice sbould be...-.. _ in .000000000m wilhlhc: l'fllllIOlion ormarkctina by_ of.... _ioo(s) or matkl(s) adchued in this communication a1d (ii) the Ia~ should seek advice hued on the taxpayer'!; particular circ.1IIIISIaIK:eS fi'om Il'l independent tax advisor. * . * * * * . . * . . Problau wit/J tJr/s IrtlllSmlsslo. sIIOMld b.,qortId to: (213) 1f~'2 THIS MESMGE IS INTENDED ONLY FOR THE USE OF THI! tND1VJDUAL(S) OR E.'lTiTYI1ES) TO WHICH rr IS ADDRESSED AND MAY CONTAIN INFORMATION TRA T IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DI!lCLOSVIIE L"NOEl< APPLICABLE LAW. IF 11IE RBADER OF TIllS MESSAGE Ili NOT 11IE JNl'ENDW IlECtt'IENT OR TIlE EMPLOYEE OR AGE/lT llESt'0~tBl.E FOR DELJVEIlING THE MESSAGE TO'l1lE INTENDED RECIPIENT, YOU ARE HEREBY liOTlnED nlAT ANY D1lISDUNATION, UlSTRIBUTION OR COPYING OF THIS COMMt."NICATION IS STlUCTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN I:KKOII, NOlU'Y US IMM(o;UtATELY BY 'ULEPHONl! AND RETUttN THE ORIGINAL MESSAGE TO US AT TIlE ABOVE ADDRESS VIA THE V.s. POSTAL SERVICE. SIll'" Ato. u.I' Is . ""lMIdllbllly "..........~..,...... wIth.....SidIIJr Awtin PI,."..... I O~/Z~/ZQQ~ Qq:~~:~~ ~M .:).J,..U.J..'Ci::! ......................." SID"LEYI SIOLEY AUSTIN lLP ~55 weST FIFTH STREET lOSANGElES.CA 90013 (2'3) 888 eooo (213) 898 MOO FAX BEIJING BRusselS CHICAGO DALLAS FRANKFURT GENEVA HONG KONG LONOON LOS ANGELeS NEW YORK SAN FRANCISCO SHANGHAI SINGAPORE SYDNEY TOKYO WASHINGTON, D.C. InevttlOSidley .com (213) a....... FOUNDED 1886 July 29, 2009 By Fax and FedEx Councilrnember Esther Estrada City of San Bernardino 300 North D Street San Bernardino, California 92418 Re: Appeal of the Planning Commission's Denial of Human Potential Consultants' ADDlicatioD for Conditional Use Permit (''CUP'') No. 08-21 (AllDeal No. 08-07\ Dear Councilmember Esther Estrada: As you know, we represent Human Potential Consultants ("HPC") in the above- referenced appeal. At the April 6, 2009, Mayor and Common Council meeting, the Council directed HPC to consult with City staff in identifying an alternate location for HPC's proposed emergency shelter. The Common Council represented that it was in the City's best interest to find an alternativc site so lIS to address concerns about sensitive uses near the North Sierra Way lOcation. Moreover, the Council recognized that a denial ofHPC's CUP for the North Sierra Way site would likely result in litigation. I For the past four months, HPC has collaborated with the City Attorney's Office, the Planning Department, and the Economic Development Agency to identify alternate locations. Throughout this process, HPC has contemplated and analyzed over thirty sites with City staff. Lou Schnepp of the Economic Development Agency and Liz Roubidoux, HPC's real estate agent from NAI Capital, selected sites for discussion. Every identified putential site was additionally vetted by the City Attorney's Office and the Planning Department HPC and City staffhave scheduled numerous meetings and conference calls to discuss these potential sites. 1 Senate BlII 2 prohibits ."",,1 !ovomm0Dt5 from taking discretionary oetion to dioapprovc cmcr!CQc)' shelters unl..s one of five narrow exceptions is met. These Housing Accounlabitity Act ex.options are: I) the jurisdiction has adopted a revised and compliant housing element and has met or exceeded its need for emergeocy shelter acconling to its annual and seasonal need assessment in its housing element; 2) the project would have.... specific, adverse impact upon dIe public health or safety and there is no feasible method to satisfaclorily mitigate or avoid the specific adverse impact without rendering the development financially infeasible;'" 3) the denial of the project is required for compliance with state or federal law: 4) the project is proposed on land thlll is zoned for agricultnre or resource preservation; 5) the project is "inconsistent with both thc jurisdiction's zoning ordinance and general plan land use designation as specified in any element ofthe general plan as it existed on the date tIu: application was deemed complete, and the jurisdiction has adopted a revised housing element" Cal. Gov't Code ~ 65589.5(d). ~AwlrI II ,1..lnMd Iilbiilyprar\Rel'lhippractlc:lngin.......~oIIer5klty......n~' U'/Z~/~UU~ U~:~~;U~ pn U..L.........,o,.,y ...............~.3 - -Cl- - J \ SID'LEYI Councilmember Esther Estrada July 29, 2009 Page 2 This search culminated in the selection and presentation of two sites to the Mayor and Common Council at the July 20, 2009 meeting: 225 West Orange Show Lane and 673 South Watennan Avenue. The City Attorney's Office and Planning Department identified the site at 225 West Orange Show Lane as the City's top choice for an alternate site. As directed by City staff, HPC engaged in extensive negotiations with the property owner 01'225 West Orange Show Lane to agree on the terms of a lease. However, less than 72 hours before the Ju1y 20, 2009 Mayor and Common Council meeting, negotiations with the property owner collapsed. It quickly became apparent that the property owner was being pressured by neighboring tenants in the industrial development to reject the contract. While the site at 225 West Orange Show Lane is no longer an option, HPC remains hopeful that the four-month loog search for an alternate site will come to fruition. TI1e site at 673 South Waterman Avenue remains an ideal alternative. As explained in the July 16,2009, Staff Report authored by the Development Services Department, the 673 South Waterman site is located in the OIP, Office Industrial Park Land use district. The site contains a 9,570 square foot stand-alone building with a completely fenced-in yard. The building is comprised of a conference and training room, a reception area, a kitchen, offices, restrooms, and a 6,800 square foot open space that can easily be converted into dormitory-style living. Furthermore. the 673 South Waterman Avenue site is isolated from sensitive uses. The property is contiguous to thc former Emergency Shelter Overlay District adopted by the City on or about October 2008. Surrounding properties to the north, south, and west of the site are non- residential and are zoned Light Industrial (lL) and Office Industrial Park (OIP). Therefore, not only is the layout of the building appropriate for conversion into an emergency homeless shelter, but also the site is remote from uses such as schools and residences. HPC has continually demonstrated its commitment to cooperate with the City so as to avoid litigation and fulfill the mutually beneficial goal of opening an emergency homeless shelter to house the City's residents in need. The result of HPC's four-month long collaboration with City staff is the recommendation of a viable, alternate site located at 673 South Waterman Avenue. The owners of 673 South Watennan Avenue have negotiated the tenns of a Letter of Intent and HPC is ready and willing to move forward with executing a lease for this property. Upon approval of this site and the required subsequent amendment of the Urgency Ordinance (MC-1290) by the Common Council as well as the Planning Department's processing of the development permits for the 673 South Waterman Avenue, HPC will dismi~s the appeal pending on the original CUP application for 840 North Sierra Way. HPC remains hopeful that the Common Council will validate our collaborative efforts with City Staff by approving the 673 South Waterman Avenue location. We look torward to the City's positive response. 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 07/30/2009 03:25:48 PM Sidley Sidley Page 1 . SIDi~EYI SIDLEY AUSTIN LLP 555 WEST FIFT~ STREET LOS ANGELES, CA 90013 213 8t6 BODO 213886 6600 FAX BEIJING BRUSSELS CHICAGO DALLAS GENEVA HONG KONG lONDON LOS ANGELES MEW YORK SAN FRANCISCO SHANGHAI SINGAPORE TOKYO WASHINGTON, DC deniU,tH'ownCllcltey.com (213) IIH-GHZ FOUNDED lM& FACSIMILE TRANSMISSION FORM Date: Jul 30, 2009 No. of a es including cover sheet: 3 To: James F. Penman, Es 909) 384-5238 To: Ester Estrada 9t9 384-5105 To: Ma or Patrick J. Morris 909 384-S4J67 To: Fred Sborett 909 384-5105 To: !~bin Brinker (909) 384-5105 To: Dennis Baxter 909 384-5105 To: Te To: ebas Kell To: Rikke Van Johnson (909) 384-5105 To: Wend McCammack 909 384-5105 To: Rachel Clark 909 384-5158 From: Denise D. Brown Ext. 4611112 Floor: 41 COMMENTS: Appeal of the Planning Commission's Denial of Human Potential Consultants' Application for Conditional Use Permit No. 08-2/ (Appeal No. 08-07) * * * * * * * * * * * IRS Circular 230 o;",lo<od: To comply with <alBin u.s. Tn:asury regulations. we infurm you tboI, IBIIas CXJlI"SS!y ......oIhorw....lII}' u.s. federaltlX advice cont8incd in Ibis communiCllion, including aaacIuDmt5,. WM not iDtcnded or written to be used. and c:aMOt be used, by lIII}' tmtpaycr for the pmpose of .voiding any penalties 1hat may M imposed 011. such tIXpayer by the InaemaI Revenue Service. In addition,. if ~ such sax advice is used or ~ lO by otber pa1ics in promoting. marketing or seco.mmendiDg tny paltfterShip or other entity, investment plan Dr DI1'8IlgCmenl. then (i) the advice should be construed as written. in connection with die promotion Of maketing by o1hers of the lIansaction(s) or maner(s) addressed in 1his communication and (ii) the taxpayer should seel advice based OR the taxpayer's panicul. circumstlnta from an independent tax advisor. . * * * * . . . * . * Probtems ",itJI this trans_lOll sJrOlltd H rqwrttnl to: (2JJ) 896-6882 THIS MESSAGE IS JNJ'ENDD> ONLY roR TIlE USE OF TIlE INDIVIDUA4SJ OR J:NTITY(IU) TO WHICH rr IS AJlDIU:SSJ:D AND MAY CONTAIN 1NPORMAnON llIAT IS PRlVlU:GED, CONFIDI:N1lAL AND EXEMPT FROM DISCLOSUJlI: llNDO APPLlCAlILE LAW. D'TIII: READO OF TIllS MESSAGJ: IS NOT TIll: INTJ:N1)1:D RJ:CIPIENT OR mE EMPLOYEE OR AGENT RESPONSJBI.E FOIl DELIVERING TIlE MESSAGE TO TIlE INTENDED IU:CIPIENT. YOU ARE IlEREBY NOTmED TlIA T ANY DISSEMINATION, IlL'ITRIBUDON OR COPYING OF nns COMMUNlCA nON IS SYRIen. Y PROIII1lrIl:D. W YOU HAVE RJ:CEIVEDnns COMMUNICAnON IN DlROR, NOfD'Y US IMMEDIATELY BYTELEPIJO"'E AND ~ TIfE ORIGINAL MESS.\GE TO US AT THK ABOVE ADDRESS VIA THI: us POSTAL Sl:RVlCI:. ~AuRnu.p..irMlldlicdt:Y~ip.~inalliWGnwilhalwr6idllyAu5tin~ ~ 2..(P 07/30/2009 03:26:01 PM Sidley Sidley Page 2 . SID'LEY SIDLEY AUSnN L.l.JI ISH WEST FIFTH STREET LOS ANGELES, CA 90013 (213) 896 BOOO (zn) I9fi liDO FAX BEIJING BRUSSELS CHICAGO DALLAS FRANKFURT GENEVA HONG KONG LONDON LOS ANGELES NEW 'l"ORK $AN FRANCISCO SHANGHAI SINGAPORE SYONEY TOKYO WASHINGTON, D.C. In8'l1Itcts'dley.com (213) 896-6889 FOUNDED 1866 July 30, 2009 By Fax aod U.S. Mail James F. Penman, Esq. City Attorney City of San Bernardino 300 North D Street San Bernardino, California 92418 Re: Human POlaIlial Consultants' ("HPC") Appeal of the: Planning Commission's Denial of the Application for Conditional Use Permit ("CUP") No. 08-21 (Appeal No. 08-07) Dear Mr. Pemnan: As you know, we represent HPC in its appeal of the Planning Conunission's denial of the application for a CUP. For the past four months, HPC has been collaborating with the City Attorney's Office, the Planning Department, and the Economic Development Agency to identify an alternative location for HPC's proposed emergency shelter. Leading up to the July 20, 2009 Mayor and Common Council Meeting, HPC and the City Attorney's Office agreed to recommend to the Common Council a site located at 225 West Orange Show Lane. As directed, HPC engaged in extensive negotiations with the property owner of that site to the point that HPC was close 10 reaching an agreement on a lease with that landowner. Ilowever, a few days prior to the July 20, 2009 meeting, negotiations with the property owner collapsed. HPC was informed that one of the reasons that the negotiations with the owner of 225 West Orange Show Lane deteriorated was that an electronic message ("email'') allegedly authored by Kathleen "Katie" M. Willis, the daughter of the Mayor of San Bernardino, was circulated amongst real estate agents and property owners in the surrounding industrial development. HPC received a copy of this email and was concerned that such communications could potentially threaten the four-month long collaboration with City staff to identify an alternative location and to avoid litigation. On July 20, 2009, HPC brought the existence of the email to the attention of the City Attorney's Office as part of our discussions regarding the last minute failure of securing a lease for the 225 West Orange Show Lane site. One day later, upon requcst from the City Attorney's Office, HPC shared a copy of the email with the City. The City Attorney's Office explained to 5id.yAu.UrlW'''1Io~milelf~~iIr~~pr~"lIll'illIIon'''''0'h0,s....,.''''''m~ 07/30/2009 03:26:26 PM Sidley Sidley Page 3 SID'rEYI James F. Penman, Esq. July 30, 2009 Page 2 HPC that it would investigate the matter. Although HPC requested that it be kept apprised of the situation, it did so only to the extent that these communications would or could affect HPC's continuing collaboration with City staff. The City Attorney's Office requested a meeting with HPC on Tuesday, July 28, 2009, to further discuss alternative sites suggested by Lou Schnepp of the Economic Redevelopment Agency and Liz Roubidoux, HPC's real estate agent At the meeting, which was attended by representatives ofHPC both in person and telephonically, additional locations were assessed. The City Attorney's allegations directed towards the Mayor's Office were not discussed during this meeting. When the meeting concluded, it is our understanding that the City Attorney's Office distributed a copy of the July 28,2009, Legal Memo No. 09-053 from James F. Penman to Mayor Patrick J. Morris. While HPC expects that the Mayor and his staff will conduct themselves with due regard, at no point has HPC issued allegations of any kind against the Mayor or his staff. Rather, it has always been, and remains. HPC's goal to collaborate with the City to pursue the mutually beneficial goal of housing the City's homclcss population. Sincerely, SIDLEY AUSTIN LLP B~ 'YIu{J Lauren Nevitt cc: Mayor Patrick J. Morris; Henry Ernpcfto, Scnior Dcputy City Attorney; City Councilrnembers Esther Estrada, Dennis Baxter, Tobin Brinker, Fred Shorett. Chas Kelley, Rikke Van Johnson, Wendy McCammack; Rachel Clark, City Clerk 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'" '" '-. .,,,, . .