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Home My WebLink About03-Development Services (2) COH1G.lNAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Dept: Development Services Date: November 21, 2008 File: Subject: An Urgency Ordinance amending and extending Ordinance No. MC-1288, "An urgency Ordinance of the City of San Bernardino amending San Bernardmo Municipal Code (Development Code) Section 19.02.050, 19.08.020, Table 08.01, and adding Chapter 19.10-E, Emergency Shelter Overlay District ...," Amending Section 19.06.020, Table 06.01, Modifying the areas designated within the Emergency Shelter Overlay District, declaring the urgency thereof, and taking effect immediately. MCC Date: November 25, 2008 Synopsis of Previous Council Action: 10/02/07 Mayor and Council approved CUP No. 07-03 to allow the Salvation Army to construct a two story, 34,833 square foot, 124 bed men's shelter and rehabilitation center on 8.8 acres at 363 South Doolittle Road. 10/15/07 Mayor and Council approved Ordinance No. MC-1258 amending Development Code Section 19.08.020, Table 08.01(34) to allow Social Service Centers as a conditional use in the IL Land Use District. 05/19/08 Mayor and Council approved Resolution 2008-151, an Agreement with The Planning Center to provide an update of the City's General Plan Housing Element, including an analysis of the need for emergency homeless shelters. 10/20/08 Mayor and Council adopted Ordinance No. MC-1288. 11/17/08 Mayor and Council received infornmtion from The Planning Center Consultant regarding the emergency shelter component of the proposed revised Housing Element and the requirements of Senate Bill 2, and continued this matter to November 25, 2008. Recommended Motion: That the hearing be closed and that said Urgency ordinank';be adopted. 1 I,I /I~ :tuu<-- L.- ~ Valerie C. Ross Phone: 5057 Contact Person: Terri Rahhal, Deputy City Planner Supporting data attached: Ward(s): City wide FUNDING REQUIREMENTS: Staff Report Amount: Source: (Accl. No,) Acct. Description: Finance: ,) , (\I\t1-<.r"~ 1I-/7-()~ df3? O/l~ ;r.1C - 1;1 q 0 Council Notes: Agenda Item No. '3 1I. t~ ..08 CITY OF SAN BERNARDINO REQUEST FOR COUNTIL ACTION ST AFF REPORT Subiect: Urgency Ordinance amending and extending Ordinance No. MC-1288, "An Urgency Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code (Development Code) Section 19.02.050, 19.08.020, Table 08.01, and Adding Chapter 19.1 O-E, Emergency Shelter Overlay District.. ,," Amending Section 19.06.020, Table 06.01, Modifying the Areas Designated Within the Emergency Shelter Overlay District, Declaring the Urgency Thereof, and Taking Effect Immediately. Background: On October 20,2008, the Mayor and Council unanimously approved (6-0 with Chas Kelley absent) MC- 1228, an Urgency Ordinance which established the Emergency Shelter Overlay District, to permit emergency shelters with approval of a building permit within the IL, Industrial Light, land use district lying south of3rd Street, east of Waterman Avenue and north of Central Avenue. State law limits this Urgency Ordinance to 45 days, which will expire on December 4,2008, unless the Mayor and Council extends the Ordinance before that date, at a noticed public hearing at the November 25,2008 Council meeting. At the November 25, 2008 Council meeting, the Mayor and Council will have the following options. I. Extend the Ordinance, for any time period up to 10 months and 15 days, with the same geographic area previously designated. 2. Terminate the Ordinance. This puts the City in jeopardy of noncompliance with Senate Bill 2. 3. Extend and amend the Ordinance with a different or an expanded designated area, for example, include other IL and/or CH, Commercial Heavy areas in the City. State law requires that any action by the Mayor and Council to extend/amend the Ordinance must be approved by a 4/5'hsvote of the Council, i.e., six votes of the Council. The City's consultant on the revised Housing Element, Colin Drukker with The Planning Center, addressed the Mayor and Council on November 17, 2008. Mr. Drukker provided the Mayor and Council with information on the draft revised Housing Element regarding emergency shelters and compliance with Senate Bill 2. The Mayor and Common Council also re-reviewed the information provided in the Request for Council Action from October 20,2008. Based on the input from Mr. Drukker and the City Attorney's Office, staff recommends that the Mayor and Common Council adopt the attached proposed Urgency Ordinance, which extends Ordinancc No. MC-1288 by 10 months and 15 days, and modifies the areas designated in the Emergency Shelter Overlay District by deleting the previously described area approved by the Mayor and Council on October 20, 2008. Based on the San Bernardino County 2007 Homeless Census and Survey Comprehensive Report by Community Action Partnership, homeless persons were found throughout the City of San Bernardino, as well as the County itself. As a result, staff modified the areas where emergency shelters can locate to distribute them throughout the City. S:\l'l.ANNING\J lousing E1cment\Emergency Shcllers\Urgency Ordinance EmergencyShclters Stafr Report - 1] -25-08.doc The attached Urgency Ordinance includes the following five areas: Area I includes approximately 40 acres in the IL, Industrial Light land use district locatcd on the north and south side of Baseline Street at Lassen Avenue. Area 2a includes acreage in the CH, Commercial Heavy and IL, Industrial Light land use districts on the east and west sides of Rancho A venue between Mill Strcet and Foothill Boulevard. Area 2b includes acreage in the CH, Commercial Heavy land use district on the north side of Foothill Boulevard at a northerly extension of Rancho A venue. The combined acreage of Areas 2a and 2b is approximately 84 acres. Area 3 includes approximately 29 acres in the IL, Industrial Light land use district south of Caroline Strcct, east of Garden a Street, west of the City limits, and north of the railroad tracks. Area 4 includes approximatcly 8 acres in the CH, Commercial Heavy land use district on the north side of Baseline Street, east of Victoria Avenue, south of the flood control channel, and west of an extension of Valaria Drive. Arca 5 includes approximately 12 acres in the IL, Industrial Light land use district located on the north side of 13th Street, south of 16th Street, east ofI-215, and west of"H" Strect. Locational maps of these five areas are included as exhibits to the proposed Urgency Ordinance. Notice of the Public Hearing to consider the proposed Urgency Ordinance was published in The Sun newspaper on November 15, 2008, as required by State law. Financial Impact: Undetermined Recommendation: That the hearing be closcd, and that said Urgcncy Ordinance be adopted. Attachments: I Urgcncy Ordinance Exhibits: A B C D Table 06.01 Table 08.0 I Chapter 19.10-E Locational Maps 2 Adopted: Noveaber 25. 2008 Effective: Noveaber 25. 2008 C(Q)flf 1 ORDINANCE NO. JII:-1290 2 AN URGENCY ORDINANCE AMENDING AND EXTENDING ORDINANCE NO. MC-1288, "AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO 3 AMENDING SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.02.050, 19.08.020, TABLE 08.01, AND ADDING CHAPTER 19.10-E, 4 EMERGENCY SHELTER OVERLAY DISTRICT...," AMENDING SECTION 19.06.020, TABLE 06.01, MODIFYING THE AREAS DESIGNATED WITHIN THE EMERGENCY 5 SHELTER OVERLAY DISTRICT, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY. 6 7 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 8 WHEREAS, Section 40(z) of the City Charter vests the Mayor and Common Council with 9 the power to make and enforce all laws and regulations with respect 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 of an 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 otherwise required prior to the adoption of a zoning ordinance, as an urgency measure, 17 an interim ordinance, by a fourth-fifths (4/5) vote of the legislative body, prohibiting any uses that 18 may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the 19 legislative body, planning commission or the planning department is considering or studying or 20 intends to study within a reasonable time; and 21 WHEREAS, effective January I, 2008, Chapter 633, Statutes of 2007 ("Senate Bill 2") 22 amended California Government Code Section 65583 to require local governments to amend their 23 General Plan Housing Element to identifY a land use zone wherein emergency homeless shelters are 24 a permitted use without a conditional use permit or other discretionary permit; and, 25 WHEREAS, Senate Bill 2 amended Government Code Section 65589.5(d) to provide that 26 a local agency shall not disapprove a land use application for an emergency shelter within any zone, 27 or conditionally approve a land use application for an emergency shelter within any zone in such 28 manner as to render the project infeasible, unless it makes written findings, based upon substantial F:\EMPENO\Ordinances\Emergency Shelter Ordinance 11-25-08.wpd KC-1290 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 discretionary 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 Bil12 recognizes that legislative bodies, prior to the adoption ofa revised 18 Housing Element in compliance with Senate Bil12, 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 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 25 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 28 existing emergency shelters which provide in excess 0000 beds for the homeless. In addition, the F:\EMPENO\Ordinances\Emergency Shelter Ordinance 11-25-08.wpd 2 HC-1290 1 Salvation Army's I 24-bed year round homeless shelter for men is currently under construction at 363 2 South Doolittle Road, and the application for another Salvation Army 150-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 Proposals 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 Bill 2; and 15 WHEREAS, as identified on HCD's website as of November 7, 2008, no city out ofthe 24 16 cities in the County of San Bernardino and no city out ofthe 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 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 Mayor and 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 of a Conditional Use Permit, and the adoption of this F:\EMPENO\Ordinances\Emergency Shelter Ordinance 11.2S-08.wpd 3 MC-1290 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, 2008, the Mayor and Council 7 unanimously, with a 6-0 vote of the Council, adopted Ordinance No. MC-1288, "An Urgency 8 Ordinance ofthe 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 of3'd Street, East of Waterman A venue and North 12 of Central Avenue, declaring the urgency thereof, and taking effect immediately." Ordinance 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 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 Mayor and Council need additional time to study and determine whether the 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 alleviate the condition which led to the adoption of 2 5 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. F;\EMPENO\Ordinances\Emergency Shelter Ordinance 11-25-08.wpd 4 KC-1290 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 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 government subsidized housing 7 facilities which lower the 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 communities 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, 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 of homeless persons in the City of San Bernardino, including the mentally 20 ill and those suffering substance abuse, is detrimental to their rehabilitation in that they have 21 developed in some instances, and have become part of informal 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 of San Bernardino, at this 24 time of economic crisis in the housing market, will facilitate the entrenchment ofland uses in such 2 5 manner as to further perpetuate the disproportionate distribution of services across the region and .2 6 will in fact serve to accelerate the processes Senate Bill 2 seeks to defeat. 27 28 F:\EMPENO\Ordinances\Emergency Shelter Ordinance 11.25-08.wpd 5 MC-1290 1 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO DO ORDAIN AS FOLLOWS: 3 Section 1. The Mayor and Common Council find that the above-stated Recitals are true 4 and hereby adopt and incorporate them herein. 5 Section 2. Ordinance No. MC-1288 is hereby amended and extended as provided herein. 6 Section 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 follows: 8 19.02.050 DEFINITIONS 9 Emergency Shelter. As used in Government Code Section 65582, 65583, and 65589.5 10 (Senate Bill-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 emergency 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 17 component." 18 Section 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 IL, Industrial Light, Land Use Districts pursuant to Development 23 Code Chapter 19.1O-E, see Exhibits A and B, attached hereto and incorporated herein. 24 Section 5. San Bernardino Municipal Code (Development Code) Chapter 19.1O-E. 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 D are reference maps showing 27 the areas of the City designated within the Emergency Shelter Overlay District. 28 Section 6. Pursuant to the requirements of Senate Bill 2, the Mayor and Common F:\FMPFNO\Ordinances\Emergency Shelter Ordinance 11-2S-QS.\\fPd 6 KC-1290 1 Council hereby direct the Development Services Department to implement a program to amend the 2 City's zoning 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 Section 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 II, Section 7 of the California 7 Constitution, and Sections 31, 40(z), and 121 of the Charter of the City of San Bernardino and 8 California 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 15 days from its date of adoption unless 12 extended by action of the Mayor and Common Council. 13 Section 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 15061(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 a project 17 as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, 18 Chapter 3, because it has no potential for resulting in physical change to the environment, directly 19 or indirectly. 20 Section 10. 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 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 have adopted each section irrespective ofthe fact that 25 anyone or more subsections, subdivisions, sentences, clauses, or phrases be declared 26 unconstitutional, invalid, or ineffective. 27 III 28 III F:\EMI'ENO\Ordinances\Emergency Shelter Ordinance) 1-25-08.wpd 7 KC-1290 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, 19.08.020, TABLE 08.01, AND ADDING CHAPTER 19.10-E, 3 EMERGENCY SHEL TER OVERLAY DISTRICT. . . ," AMENDING SECTION 19.06.020, TABLE 06.01, MODIFYING THE AREAS DESIGNATED WITHIN THE EMERGENCY 4 SHELTER OVERLAY DISTRICT, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY. 5 6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and adiourned Council ofthe City of San Bernardino at a j oInt regular meeting thereof, held on the 25ttday 7 8 of November , 2008, by the following vote, to wit: 9 10 11 12 13 14 15 16 17 18 ~t'1..R ~ 19 6c1 ~~:'fI~CI~n ~~ 20 The foregoing Ordinance is hereby approved this :;c. ~ day of November ,2008. 21 22 23 24 rr~ ~.~ -- Tobin Brinker, Mayor Pro Tem City of San Bernardino 25 26 Approved as to form: JAMES F. PENMAN City Attorney b', k t I v..;.-. I r 27 28 F:\EMPENO\Ordinances\Emergency Shelter Ordinance 11-25-08.wpd 8 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, 19.08.020, TABLE 08.01, AND ADDING CHAPTER 19.10-E, 3 EMERGENCY SHEL TER OVERLAY DISTRICT. . .," AMENDING SECTION 19.06.020, TABLE 06.01, MODIFYING THE AREAS DESIGNATED WITHIN THE EMERGENCY 4 SHELTER OVERLAY DISTRICT, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY. 5 6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 7 Council of the City of San Bernardino at a meeting thereof, held on the _day 8 of , 2008, by the following vote, to wit: 9 COUNCIL MEMBERS: 10 ESTRADA 11 BAXTER 12 BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 MC CAMMACK AYES NAYS ABSTAIN ABSENT 17 18 19 20 Rachel Clark, City Clerk The foregoing Ordinance is hereby approved this day of ,2008. 21 22 23 PATRICK J. 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"'0 i:4 ~ CIS II) C () Vl ;::::: CI:l 0(1.... GJ IU ~...... iU c:t>o.ot'lJOC<<l~->gj'- ._ ~ " ~ "'.'; 0 M 0 ._ >< 'E '0. ~ ;::I ;> co l.L. ::r: cG CI.:l ~ CI:l S CI:l"'C 0 o a <<:I IU C = CQuuE~t8"":NM~o.ri...o <..5 EXHIBIT A o o OUO o o U OUOu OUO OUO OUOU - o ~ ~ r- oo '" o OUOU OUOU U :E OUOU >, "E o o - , - "" " .. ... " j ~ :oJ .s. '" o :r: " ... ~ ... .n ... " " ~ <( ... o " .. u ... C>. C>. f= 8 E ... u .. ~ .. "" " .. o o Cl o Cl o 0 ] .::; ..2lG.&J "'O.;g 0 u=-o a ; ~..2 0 & c.. g ~ a~';;; ~ IU ... lU C i:; l::::E eO " 0 ,. Vl ......;: <Il Vl ..cou 0. rn2 u c:: CI:l .. 0 ;::J .a ~:.20UOll..cVl.E~ e ~ c ~ .S IZI u t- v ~ .'1 ,9 "'0 ~ -5 gf u .:: .a c g. a ~.~ g.:: 0 ~~:::I~~]~O..s Cl:l .E Vl ..c iU Cl:l .... 0.... t;]l5~..s~~z~ ~ ,.c u.... ~ rn c::: I I !9.....9g0.B.ca~ ,S ~ ~ e; '"0 ~ = C ;::: .:.t:_<IlI+-o~O-U"e C CI:l IU 0 ';::l -.. :::- 't:: .... on = _....,J 1""1 ~ Cl:l ~.....~..= t:! S ~ 1-0 _ _ _ 0.0 r'-I Vl ,,~~ 1r8oZ~~ .~O~~~... ~UO~~-NM~ , - "'" o -= :; o C/l ci MC-1290 ell , u "'I u ell u- U :J: U ='..,. U . et:M1 U ='", U ~ -I u ,,"- U~ "", u r.n fol "", r.n u ;J ~ "'" fol U;O; ... ... 0",' ... ~ U I fol , ~ 0_ '" U 0 ... z r.n U ... ...l r.n ~ ... 0 ~~ " U ~'" oS Ql 0" . E ~ .9 ... " 0 "0 r.n E == " ... IU ~ t'<J -g ~ ~ .- '- .- C';f 0._ ..l ;>t::",,- o <: eo "' ...c:v~_ "E " ~ ~ " ,'" ~ " " :g" . .- " ~ .~ ] E ~-g " -- " u 0 >- " ~ 1-< ._ s::: ~ .~ o u .- U '"' u ::0 ..... f:: VI - " tQ ~ tQ dJ > ~ ...... u C .- .... f: " ~ 8. t.= .~ 0 "'; '" ~.;:: ~ U ~ ._ "'";;;. <.,;;. u ,. 0 < ~~~~gp ~ "19 IU 0.-- VI'- ~ en ~ ~ 'U ; ::s ~ ..l :> " .- E"'O 0 ~ 0 " o 1a.= c = <( Z' ~ U 0. o.~ tB "" <' '-Ii ..JI UOU 0 U 0 U 0 UUOU o uou 0 UOU 0 uou 0 uOU 0 uou 0 uou 0 uou 0 Uou 0 UOU 0 UOU 0 ~ ~ " :;; " -" f- "0 " " -'l -;; :r: " .2 i-< ~ .. 0 _ 5 0 0 t:: ;.. 0 'E Q) c:: '"lj ;::l ~o.90 ,:oU.:g :g 1:: '" 0 0 il) l: Q) 11) E.:= ; ; ~...._- _S"ii'ii "'5 ~ ~ ~ :jq~~ ......;NM~ 6 5 " " ~ " .511 ~~ " ~ on" 50fi -" 0 u ~ :E"g " ~ ~.!! " ~ J€ ~ ~ ~~ ti "0 IV " " u ] ~.~ _ u 0 VI .~ I-o~ ';:: ~ g ~ g " :g "8 .5 0 ~ ... ~Ul::lQ. u.; ~ " s]- "'O"'OtGo dJ iU >oe C "O~~v ~ "'ii ; C 1-0 ;1 ..c::-9 ~ ~ e.~ ~.g "S: o..~ :;:.E b..c ... ~ u CI:l.~ ~ ,q.5 -;;isU:J 'g t.l ~]:E en]= ~4:'E.. ~ rJ 0 ~ ~ '-= :::. ~ OJ .- ._ VI tQ _ VI ~ :-:;.: u ~ ::s 0 ~~:.au"'O= ~ - cu :r; = tS: o~e'"O~o ; _ ea = 1lJ..c U .~ 4-< tQ:a ...... _uo..ctQS~ Cii ~ ~ ~ ~ .S:! e <.) iU .9 ] "C E'-..c - - " 0 i: " " a ~U~;S~;.: cj EXHIBIT A .01 '0 o 0 Uo uuo :'0 o o o uuuo o OUUU o uuuo o OUUUUO ~ E ~ - ~ a 01) 'u 8 ~ ~ E Q.,.- 0"" .!!: ...:::: 1-0 ~ '; c:-::: Cl:l Q) ~5" g&~~ .:: 0 Cl:l OJ ~ U v __ ~ 1-< OJ) VI ..c Vl ~ ell Il) <I..l ~ {/.l .~ I U 51-~ ~ >..s ..... ~ I: t: cu 0 - Vl C ._ 0 ilJ c:o E U ~ .~ ;: U {/;J "0 ~..s .~ -; ~ a (; 8 II -;; ~ &;;:" '0 _ I:: ilJ 0 ;:3 0 ilJ 0 o:l~:r::r:O,"enen .....:NM~......;-..or--:cx:i o o '-Ii '" '" ~ ~ o 8 S 1: " ,,- ~~ ,,- - ~ u 'E '-0 ~o o :r:U u:::,; " -" .... ;;~ - " .~ lJ.o ):: " ~ ~ .- ::l 0_ " " " "i: .9 " ~ > .- 0] ~ 0 ~u 0; " -" " C/J. .!:: " u 0- E ~ ~ t; E E ~ ~ 0 N 0. ~]6 r- ~ 0 M'S U V)"O(ij ...... il.)-;::: - " " -'2 ~ U t:.~ "" "" ~:r-o::. <IJ UN U <IJ U- U == U 1:1::" U 1:1::", U ~ N! i I:I::J U ,,0.. U~ "M U CIl ~ CIl ~ Q ~ Eo< Eo< ~ ~ ~ '" o Eo< CIl .... ...:l CIl Eo ...0 <:> ~ ...:l = < E-< MC-1290 >- f-. ;; f: u -< ~ t/l => o Z <( ...J .!' " .&> .c "0 .. - ,,~ . "'BoBS " - "0 " .. " d) 4- .<;:: ~ ~.S > ,,- 0-- S.e-8 .c .. " U >< ~ :.2lJ.l~ ~ ." (/l e.D =: a 0 ".."0 E s:: ~ ~] .5 ::c 0 V) ~ g E.~ .- VJ. P.'- c; ~ ~.:= "" - C/J '0 '0 ;; Ob "'; :u VI ~ I=: a 5 ~ ;:1 .~ CI'> e ';; "'0 .9 b 0 I-; ;:::.- ~u~~<-E :Ii 00000 00 o o 0000 00000 0000 00000 00000 00000 00000 0000 0000 00000 ~ o '6 ~ E g.CI.l ~ t5 ~ Vl C _._ r:' ..0 ~ - - E ,-' .. .. - 7~ u" ~~ .~~ ~~~~g ~CI)]~E IU e u ... ""0 -e,,>-,,~ ('\l CIS 1..' QJ ... CllOO:I:...J ,....;~M"'o:t'v) ~ " ,,~- .~ co 0 " >< " ~ [..LI ~ .c ... e 0- 0,_ .E a!3 . - ~ " - " 1;! .=i .c 0 U U U.S .- " .c.c~ ~ ......~ Vl >.:'::: -.&> > " .~ ll.l '"0..... .. .E"UbO ~ '" " .- ." V) ~ QJ :s: ......:.=~~o .!S.&> 'i3'" = ~ ..;:g 4.l = ~ ~ ~].!!! 0 e;v~.: ._ C.D " 8e~~s _ "~"'; 0"'0 .... I-; _ QJ jl! 0 ~ ~.~ IIJ 0 c...... i: c.::: U ~ 0;':: ..... EXHIBIT A 000 o 000 u 000 000 u u 0000 ou 000 u o 10000 000 u uo 000 uo ou 00 000 uo 000 uoooo uou 000 uu UOOOO UOU 000 u uoooo UUOUOU 000 UOOOO 000 UUOUOU 00 00 100 00 o UOOOO o o U u ~'- ~ " 0 0 ~ ;>. ~ ~ i .~ ~ &0 0 ~ " ~ E ~- ~.g E 1Il.~ ! ~ .5 :; - :::::: 0.. VI - u "'0 0 ~~ c.. e ~ :;;:: ..2 ~.G::S S~rlr::o u-Sl-t: CI) 1Zl~""iUZ .S .... :::l 0 "'0 :.:: E -- ~ z 'Vi c C ~ g; 0. ';' ~ ~ '"0 ~ l'I3 0 0 ::s .- 0 tIJ .- = cuE ~ g - (,/'j g. i5 ~ S.]~ClSC ~ -'l-<UcD-l- o Ot'iScS::o c l':lO"o:::'iiU--..rn ci:i ..0..0 0 0 U ,& rJ:J "'0 4 '"0 ~ "'0 ILl tI:IeE;"E;.::::Vl::l iUO~;:'::O :::l III 4:: 4) "" co ClS ~ 0" ~ ~.8 ~ 52 ~& do) ~;.'~~ 9-0 tl_Wt;_ 1-;0 ~;(!::I >.. 'E S ~ _ ..5 ~ c:.::: UJ co loi-o ........ r.t.l ,w' oCl.lI-oCl:l lUl-;,",U~O..oO!:lUC; > oa ~ ~ oa ..0 0 0 .- ...:... ": ..c..c 11.) u - "2....= so=,'O=,.QOIJo~!;:u o 0 11.) 0 ~"'O.2" G.l .- 0 i) u ::l q...< 8- uoG;O:I:...J's...J::E::E::Ez"ZOt/l NM<o:tIrl . . . .0.....:: -.or---ooO\-- ~~:! '" f,;;1"N "'U ~ ~ "or> f,;;1 U;::; Eo< Eo< ~ 8N f,;;1 =-0_ ~U o Eo<Z ",U .... ..l '" Eo;lO o o o ,,'" U>(l ...- o o 000 o "M U o ~o ~ N C5' 80u ,,; <=> '" cOU g tl u V> ..,0 .~ U U ~ 0 C. E o u 0 .= o o 000 o o 000 o o o o o o o f .-< <:> '16 <:> f,;;1 ..l = -< Eo< IU Q) lU -=:o..s c:: ~ ~ ~ ~ Il,) 0 ~ E ~ 00;:::: -"0 0 ...... ~~IU=~ "0 Q) 0 ... I U I:Q ...... ; 0 e.o ~-~~.~ "0-0 ~ =~ - ro "'lj 0 c:: r; I-< s::::: ,...,. ..... ;:::: 4) '5 2 Vl :..::: 0) Cl:l Cl:l I:! -0 ..... OUlO"O..... 1:?-- 0 ~"'8 Vi.ao~g OJ ~~ ~ >~ -5.5 s::: tIS ~ ~.~ ~ g ~ ::: :.a.5 ~ ,~ (o;J c.l,~ '01:" "8 M $ <oil ~ >. C':l ....... :i "E"'~ ~ - 2.l ~ t:: QJ <oil ~ ~ 0 ~ E Q) ]]' ';";; ~ -8 ::3 E u 0 "'; 0" QJ rEJ ro .- ~ p: -- ~ "'0 .. .~- ~ ~ '"0 E _ "';j r.n ~ .- e.o <Il II) (I) Q) 1=1 ... =' ..c ~ U'l ::::- ~ c.~ 0 Q) 1; .E ~ ~ u ~ t:: ~ ~ on Q) ':;; :'::: f! ~- >3~~~-o.5 ~g~ c~ ~5~=~~ !-<u..co't:::il.lr.n t;U-Ul iU_ t.;1-o uu II) _l-<roO !-oil) ~S..l-oM~~ '-t~~oo~ > Il) ~ bJ) ~ ~ ''':: y, ,.. _ t=:: - .::: -- ~ ....... ... E-' U~.- ~~c~Cl-o'~ e.oe.o~Cl:l ~E~~~o.~ e.oe.oll)c~oBo.5cc~bJ) U: 0 (13 III ~ Il) U s::::: .5 U 'i:: j:: 't; Q) P::: -5i ~ ~._ 5 ......1 .- 01) Vl ... ro .. 'i:: c >. c.. c.. .... :: ~ '._ U '.J ... ~ ......! U u"C iU C':l OJ) u C':l 0. t.l'S 0 0 0 - >. >. IIJ _ ~'IU ~ 0 ... 'S ~.S ~ ~ o.a O"~ .:a.g ~ ~ v Q.) ",~EE2.<:~.uuumw~~::O",~~>~ ::> C: 6 <1) g Q)-"'Sl oS O~Uo>~~~~ _;~ ~,~ 6~ ZV~ .5VlVl_~ .~,., ~., ~~~~ <<: ~..; , EXHIBIT A 00 0 o o o 00 0 o o o o 00 ou uo o o o o o o uo o o o o o o o o :""'0 o ~O 0 o 00 0 o 000 o o I o o 00 o ~UO u o I o OUO o UUOu 00 o OUU o o o I ouu o UO 01 UUO o ;c u .. t .. ~ ~ -~ ~ "''' I-< ~S 0- .90 tl ~ ...... - x 'i: "d--. ~~ 2- Cl:l .~ -; "!2 ~ ~ O.G "'" _.. 1: .. ~~ "'Cl ~ ,!J u ~ ~ ::.:: .~ ~ ~.~ .~ ~ ~ "0 =Vl~:-:4) ~& ......OCl:lO=UU'.lVl 00:) 4) ~ 8 ~ ~.9 ~ ] ~ E ] :t ~ 1<lwuo.3~~O~"';~~Vl_:; = .!:!: ... ,13 Cl:l '';:: Vi 0 "'; l:; ,~ ="'OV'l,.oU~oO~8.;;1f B ] ::c ,.0 E ;>, ::3 u - o:.=; ....0 t:: t'S ~.= 0 ~ "0 E g 3 0:9'- O~I~ ell U U U 0 w... ~ ~ ~ ~ ~ _N......~<n\Or---OOO\____ :.i 00 N\O~ oor- --- r-"'- __N ..,"'- <r;OO<r; - - '" _NO - -- UUU ::o::E::O o ~ ~ - KC-1290 <Jj UN U oooo~ f- 000 U <Jj U- U ! 000 u oooo~ f- == U U OOOO~Uf- 000 !:l::.". U ~ f- o U 00 !:l::M U 00 O~ f- OOOOU !:l::N U OU OOOOOU OOOO~ f- 0 ~- U ~ ~ o 0 -0 0 ~ ~ f- 0 OOOOU ,,~ U~ OOOO~ f- OU OOOOU "M U 00 O~ f- 000 U U '" "" '" o Q "" .... .... ~ "" ~ r. o .... '" - ...l '" .... U ~ .... '" - Q ...:i -< - ~ "" :; :; o u ~O 0 'b 0 "N U O~ f- U 00 U "v; U:::: OOOO~ f- 000 U O~O 0 ON U O~ f- U 00 O'bOOU 0_ U O~ f- 00 o ~CI CI z u CI~ f- u 00 ] ~ "5 M ~ ~ 0' ~ "0 0 t"i,- ~ 0::: ~ ~ '"" ~Q >-.~.s R ~O ] ~~ ~ [ __ 5 0 ~ --' '"" .~ L- ........ "0 ~ d II) .;: ~ .~ .~ c:: -. tV 0 "2 on.;j ~ C II) f,/'J 0 _ '';: ~ .;:j.....:::::. ~o:::~~ ~ u~ _ S 0 .~~<~ ~ ~~ 9 3 ~ 1.(;04"0 ~ ;>.~ "0 0 c.o'''' s:::::: u on I=< .D ~ (oj 'E ",",", .~~~~.5 ~ ]~.~ ~~~ ~ f,/'J ~~-~~ c f,/'JC~~f,/'J_Il)f,/'J ~~ 0 ..a u Vi 0 0 II) l;::: U 0 =..... QJ '-" 0 .......... u .5 \\.I IT' "Vi !::; II) "0 B ~ 0 ::=: 0::: a3 ..c r :< 0 '-" P::: ...... .... p "'0 ~ 0 -' .... ._ ton u t: -. II) U ..... c >. Il) U Vl 11) ~ c'~ u ~ ~ en > "2 ~ II) E 0 ~ ~ II ;::s~, ~ 0:'= ~ ~ ';= ~,,>. '" ::s f,/'J III ~ ... t: 0 0 tl -- ll) ... .- ..... c """ u f: s::::::::>:::> c (; C3 E U - iZl Vl 0..'- :5 0 ~ ~ 0 l'l:I Q.) u 'E"O "0 ..2 .: '7 ::s 0 ~ SO.~ a ~ u ra .S! ~ ~ ~.::- t: < 8 ~ ~ ~ "E:B ~ ~ ~ ~ "ii ~ .~ ~ ~ .~Ob g. a E .g ~ --;.; ~ ~ 0 ~ ~ o(+-i ~ ; ,S< .... "0 ::3 !j ] .5 ~ ~ G,.l ~ <Jj DI~ .~u~~ ~~~o~~~~~~~~~ ;:J ...c C3.D .,.... ~I ~;!;! ~:o:<:::~::':;::: ;:j~;::j;;!i~;:j~ ~ ..... <:> -.c <:> "" ...:i = -< .... CI o o CI o u U ^ M ~ o r-- ~ N o '" " .Q t " CIl .s .~ " u " .!! } o u 5 .; t E ~ 'i3 00 " ." o N " .s .... o E " E ~ ~ " Q. .s " :s .!< c 9 ~ ] "" ~ o t " ~ is " .s '" u f ~ " ~ " ~ '" ~ .;;; ~ " '" <5 ~ '" l; '" ~ CIl .5 >. C 0;;:: ~ ~ '" " '" 0 ;;ou .2 >. -'" <- ~'" .". > N '0 s:: U P.. r- U P.M- c.oC'3~M C v:I\OV) ~~o= :1'- Il)_ -,,- u 0"'.0 U ~~~:E - ~ ~ - - - - EXHIBIT A MC-1290 INDUSTRIAL DISTRICTS - 19.08 EXIllBIT B CHAPTER 19.08 INDUSTRIAL DISTRICTS 19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND CONDITIONALLY PERMITTED USES The following list represents those primary uses in the manufacturing/industrial zoning districts which are Permitted (P), subject to a Development Permit (D) or a Conditional Use Permit (C): TABLE OS.OI INDUSTRIAL DISTRICTS LIST OF PERMITTED USES MC 888 12/6/93 LAND USE ACTIVITY CH OIP IL IH 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 D' 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 D D of 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 C C 150 feet of a residential land use district; 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; D D D C 10. Emergency Shelters D' D' 11. Entertainment/Recreational Uses: KC-1290 INDUSTRIAL DISTRICTS - 19.08 LAND USE ACTIVITY CH OIP IL IH IE A. Adult Entertainment C C B. Auditoriums, Convention Halls and Theaters C C C. Miscellaneous Indoor; and D C D D D. Miscellaneous Outdoor C C C C 12. Financial; D D 13. Fuel Dealers; C C D 14. Funeral Parlors/Mortuaries; D D D 15. Gasoline Service Stations; D D D 16. Heliports/Helipads; C C C C C 17. Impound Vehicle Storage Yards (with or without towing) C C D 18. Membership organizations, including religious facilities, D D D meeting halls, and fraternal lodges; 19. 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 D D D D storage areas for building supplies; 23. Outdoor Horticultural Nurseries; D D D D 24. Parking Lots; D D D D D 25. Personal Services; D D' D' 26. Pipelines (As defined by Section 19.20.030[12][E] or as C C C C C superseded by State or Federal law); 27. Public utility uses, distribution and transmission D D D D D substations and communication equipment structures; 28. Publishing/Printing Plants; D D D D 29. Railroad Yards; D 30. Recycling Facilities; (In compliance with Section 19.06.030[2][P)) 31. Research and Development, including laboratories; D 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; C4 HC-1290 INDUSTRIAL DISTRICTS - 19.08 LAND USE ACTIVITY CH OIP IL IH IE 36. Swap Meets; C C C C 37. Towing Services; D D D 38. Transportation/Distribution; 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 42. Other A. Antennas, Satellite and Vertical; D D D D D B. Cleaning/Janitorial; D D D C. Copy Centers/Postal Service Centers/Blueprinting; D D D D. Equestrian Trails; P P P P P E. Fences/Walls; D D D D D F. Police/Fire 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 T T T T T Permit) IExcept auto related. 2Permitted in the Emergency Shelter Overlay District, pursuant to Chapter 19.IO-E. l 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). /11 III MC-1290 EMERGENCY SHELTER OVERLAY DISTRICT - 19.10-E EXHIBIT C CHAPTER 19.10-E EMERGENCY SHELTER OVERLAY DISTRICT 19.1o-E.010 PURPOSE The purpose of this chapter is to provide for areas within the CH, Commercial Heavy and IL, Industrial Light land use districts as referenced in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08, where emergency shelters, in accordance with Government Code Section 65583, are allowed without a conditional use permit or other discretionary permit. Recoj:lnizing the need for available and affordable sites for establishment of emergency shelters outside the traditional locations in commercial districts, the Emergency Shelter Overlay District provides several areas within the CH and IL districts for new emergency shelters to be integrated with commercial and light industrial uses and existing social services throughout the City. The purpose of the designated boundaries (area of applicability) is to maximize the potential for provision of emergency shelter and support services throughout the City of San Bernardino. 19.10-E.020 APPLICABILITY The Emergency Shelter Overlay District shall apply to CH, Commercial Heavy and IL, Industrial Light land use districts as specified in reference maps adopted with the Emergency Shelter Overlay District and available in the Development Services Department. All land use regulations and development standards for commercial and industrial uses as specified in Chapters 19.06 and 19.08 shall remain in effect. The effect of the Emergency Shelter Overlay District shall be to define the area of applicability where emergency shelters shall also be permitted with Director approval, and to add general and specific development standards for emergency shelters within the CH and IL land use districts. 19.10-E.030 GENERAL PROVISIONS 1. Emergency shelters located within the Emergency Shelter Overlay District shall be developed and operated according to the land use regulations, development standards and design guidelines for the CH and IL Districts, as applicable, as well as Chapter 19.1O-E. 2. Emergency shelters shall be permitted with the approval of a Development Permit Type 1 within the Emergency Shelter Overlay District as specified in Table 06.01 of Chapter 19.06 and Table 08.01 of Chapter 19.08. EMERGENCY SHELTER OVERLAY DISTRICT - 19.10-E 19.1O-E.040 DEVELOPMENT STANDARDS I. The following standards shall applv to development of emergency shelters within the Emergencv Shelter Overlay District: A EMERGENCY SHELTERS Emergencv shelters. providing tempOrary housing and support services to homeless persons. shall be permitted in the Emergencv Shelter Overlay District of the CH. Commercial HeaVY and lL. Industrial Light land use districts. subiect to the standards in this Section. As social services with residential compOnents. emergency shelters are also conditionallv permitted in several commercial land use districts and throughout the lL. Industrial Light land use district. The following standards shall be required for development or establishment of emergency shelters in the Emergencv Shelter Overlay District: (I) The maximum resident capacity shall be 35: (2) The maximum length of stay shall be 6 months; (3) The site shall be located no more than Yz mile from a public transit line; (4) Anv new or existing structure proposed for use as an emergency shelter shall meet current California Building Code requirements. (5) Off-street parking shall be provided at a ratio of one space per 1.000 square feet of grOSS floor area. or one space for each emplovee on the largest shift plus one space for each agency vehicle plus three visitor spaces. whichever is greater; (6) Fencing and exterior lighting conforming to the development standards of Chapter 19.20 shall be required to ensure the security of site residents; (7) A security and management plan shall be required to demonstrate adequate plans and capability to operate the emergency shelter in a safe and effective manner. including complete descriptions of the following: (a) Fencing. lighting. video cameras. and anv other phvsical improvements intended to provide or enhance security for residents and staff; (b) Staffing plans. including the qualifications and responsibilities of all staff members and the number and positions of emplovees on each shift; (c) Procedures and policies for screening of potential residents to identify individuals who should be referred to medical facilities. residential care facilities. other service agencies or law enforcement; MC-1290 EMERGENCY SHELTER OVERLAY DISTRICT - 19.10-E (d) Plans and policies for daily operations and supervision of residents; (e) Support services to be offered to residents. includin~ life skills trainin~, counselin~. referral to other service a~encies and job placement assistance; (0 Plans to coordinate services of the facility with other homeless service providers in San Bernardino County, to improve the effectiveness of the network of agencies servin~ the homeless, countywide. HC-1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 1 Exhibit D-1 u NORTH \ O=132fl HC-1290 Exhibit D-2 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2a u NORTH ;fiB] / (CjCilY of San Bernardino.... . .............11' .""1'"1 Exhibit D-2 KC-1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 2b u NORTH "___',W._"" j 3~, 1 (~~~~ot.;'a~ Ber~ar~i~ott = KC-1290 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 3 LlWlWlIIIIIJI J CAROLINE ~ }:> -1- m ;:0 ~ ~ 'I ~ . (/J COMMERCIAL-ffi, r-, m 11\ (C) City of San Bernardino .. 1~...n..:Ai ' Exhibit D-3 u NORTH -----..J FA RMI.:A NO _ m- e:::- }:>:: z- 0=1 (/J- .f- HC-1290 Exhibit D.4 LOCATION MAP CITY OF SAN BERNARDINO PLANNING DIVISION Area 4 ~;;~ 'L I I ~~ I BASELINE "1ST: ~ I -<: )> ~- ~n1 I / I'. ~ "- -p \-- - :uc\S;;Y~an Bernardino I \o.,...~'.... \ )> -;:0 ~~ -<- ~Z _:E o --, 0 o I r~ -- u NORTH trrh~IL...L.-J"15TH '1' ~ll ~ T (.) 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( 1IIIIIfllllll II~I I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIl Dept: CITY ATTORNEY Subject: DISCUSS AMENDMENTS AND AN EXTENSION OF ORDINANCE NO. MC-1288, AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.02.050, 19.08.020, TABLE 08.01, AND ADDING CHAPTER 19.1 O-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 From: JAMES F. PENMAN City Attorney Date: November 13, 2008 MCC Date: November 17, 2008 Synopsis of Previous Council Action: October 1,2007- Mayor and Council approved CUP No. 07-03 to allow the Salvation Army to construct a two story, 34,S33 square foot, 124 bed men's shelter and rehabilitation center on 8.S acres at 363 South Doolittle Road. October 15, 2007- Mayor and Council approved Ordinance No. MC-125S amending Development Code Section 19.0S.020, Table OS.01(34) to allow Social Service Centers as a conditional use in the IL Land Use District. May 19, 200S - Mayor and Council approved Resolution 2008-151, an Agreement with The Planning Center to provide an update of the City's General Plan Housing Element, including an analysis ofthe need for emergency homeless shelters. October 20, 200S - Mayor and Council adopted MC-128S. Recommended motion: Discuss and provide direction to Staff. Contact person: Hen Em eno Jr. Sf. De ut Supporting data attached: Staff Report FUNDING REQUIREMENTS: Amount: Council Notes: ~a.~~ //-17-0~ #3~ Agenda Item No.. :3 II-;)S;-ot F:\EMPENO\Ordinances\EmergcncyShcltcrs.RCA-Urgency Ordinance - 11-17-08.wpd TO: FROM: DATE: AGENDA ITEM: STAFF REPORT Council Meeting Date: November 17, 2008 Mayor and Common Council James F. Penman, City Attorney November 13, 2008 DISCUSS AMENDMENTS AND AN EXTENSION TO ORDINANCE NO. MC-1288, AN URGENCY ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) SECTION 19.02.050,19.08.020, TABLE 08.01, AND ADDING CHAPTER 19.10-E, EMERGENCY SHELTER OVERLAY DISTRICT, TO PERMIT EMERGENCY SHELTERS WITH APPROVAL OF A BUILDING PERMIT WITHIN AREAS OF THE IL, INDUSTRIAL LIGHT, LAND USE DISTRICT LYING SOUTH OF 3"D STREET, EAST OF WATERMAN AVENUE AND NORTH OF CENTRAL AVENUE, DECLARING THE URGENCY THEREOF, AND TAKING EFFECT IMMEDIATELY. Background: On October 20,2008, the Mayor and Council unanimously approved (6-0 with Chas Kelley absent) MC-1228, an Urgency Ordinance which created the Emergency Shelter Overlay District, to permit emergency shelters with approval of a building permit within the IL, Industrial Light, land use district lying south of3'd Street, east of W aterman Avenue and north of Central Avenue (copy of MC-1228 attached and incorporated herein). State law limits this Urgency Ordinance to 45 days, which will expire on December 4, 2008, unless the Mayor and Council extends the Ordinance before that date, at a noticed public hearing at the December I, 2008 Council meeting. At the December I, 2008 Council meeting, the Mayor and Council will have the following options: I. Extend the Ordinance, for any time period up to 10 months and IS days, with the same geographic area previously designated. 2. Terminate the Ordinance. This puts the City in jeopardy of noncompliance with Senate Bill 2. 3. Extend and amend the Ordinance with a different or an expanded designated area, for example, include other IL areas in the City. State law requires that any action by the Mayor and Council to extend/amend the Ordinance must be approved by a 4/5th' vote of the Council, i.e., six votes of the Council. The City's consultant on the revised Housing Element, Colin Drukker with The Planning Center, will be present to address the Mayor and Council on November 17, 2008. Mr. Drukker will provide the Mayor and Council information on the draft revised Housing Element regarding emergency shelters. Financial Impact: Undetermined Recommendation: Discuss and provide direction to Staff. F:\EMPENO\Ordinances\Urgcncy Ordinance EmergencyShelters Staff Report - 11-17-08.wpd Adopted: ~~tober 20, 2008 Effective: ;ober 20, 2008 I ORDINANCE NO. KC-1288 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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) ofthe City Charter vests the Mayor and Common Council with the power to make and enforce all laws and regulations with respectto 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 third's (2/3) vote of the Council; and WHEREAS, Government Code Section 65858 provides that for the purpose of protecting the public safety, health, and welfare, the legislative body of a city may adopt, without following the procedures otherwise required prior to the adoption of a zoning ordinance, as an urgency measure, 20 21 22 23 24 25 26 27 28 an interim ordinance, by a vote of fourth-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\EmergencyShelters. Urgency Ordinance 10-16-08. wpd I II MC-1288 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 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 further requirement that the exception is not available if the local agency has failed to identify a zone or zones wherein emergency shelters are allowed as a permitted use without a conditional use permit or other discretionary permit; and WHEREAS, through the adoption of an urgency ordinance amending the City of San Bernardino Development Code which identifies a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, the City will be in substantial compliance with the above described exception pursuant to California Government 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 10-16-08 .wpd 2 MC-1288 I 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 ordinance may constitute substantial compliance with Senate Bill 2; and WHEREAS, the City of San Bernardino Development Code currently includes emergency homeless shelters in the category of social services with residential components, which are allowed 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 emergency shelters which provide a total of 267 beds for the homeless, in addition to the Salvation Army's I 24-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 ISO-bed homeless shelter for families and children at 925 W. lOth 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 Bill 2 in the Scope of Work, including an identification and analysis of the needs of homeless persons and families in the City of San Bernardino as required by Senate Bill 2; and WHEREAS, as identified on HCD's website as of October 17, 2008, no city out of the 24 F:\EMPENO\Ordinances\EmergencyShelters.Urgency Ordinance 1 O~ 16-08. wpd 3 MC-1288 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 cities in the County of San Bernardino and no city out of the 24 cities in the County of Riverside has adopted and received HCD certification of a revised Housing Element; and WHEREAS, in spite of significant budget cuts and the loss of numerous employees, the City of San Bernardino has made substantial progress in complying with the requirements of Senate Bill 2. The Preliminary Draft of the revised Housing Element is expected from The Planning Center in November 2008; and WHEREAS, the Mayor and Council recognize that Senate Bill 2 requires that the City's General Plan Housing Element must include land use zones which will provide sufficient opportunities fornew emergency shelters to meet the need identified in the consultant's analysis; and WHEREAS, the Mayor and Council find that the existing emergency shelters, the emergency shelters under construction, and the new emergency shelters proposed for construction, together with opportunities for development of new emergency shelters in the residential and commercial land use districts with the approval of a Conditional Use Permit, and the adoption ofthis Urgency Ordinance, which will permit new emergency shelters with approval of a building permit within the IL, Industrial Light, Land Use District lying South OO,d Street, East of Waterman Avenue, and North of Central Avenue (520.3 acres), will provide sufficient emergency shelters to meet the needs of the homeless in the City of San Bernardino in the interim, until a revised Housing Element in full compliance with Senate Bill 2 is adopted by the City. WHEREAS, the Mayor and Common Council make the following findings of a current and immediate threat to the public health, safety and welfare as required by California Government Code Section 65858: 1. The City of San Bernardino has sufficient emergency shelters, transitional and supportive housing facilities in existence as "grandfathered" uses under prior versions of the F:\EMPENO\Ordinances\EmergencyShelters. Urgency Ordinance 10-16-08. wpd II 4 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 government subsidized housing facilities which lower the threshold of the transition from homelessness to sheltered. As a consequence of the recent housing crisis and of previous housing crises, the City of San Bernardino has experienced a history of housing affordability relative to other communities which has facilitated the location in San Bernardino of sufficient emergency shelters, transitional and supportive housing facilities that accommodate six (6) or fewer 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 warm weather stop. The concentration of homeless persons in the City of San Bernardino, including the mentally ill and those suffering substance abuse, is detrimental to their rehabilitation in that they have developed in some instances, and have become part of informal but enduring networks that support their illness against the efforts of the local institutions for their rehabilitation. The improper location of emergency shelters in all parts ofthe City of San Bernardino, at this time of economic crisis in the housing market, will facilitate the entrenchment ofland uses in such marmer 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 1 O~ 16-08.wpd 5 MC-1288 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 3 4 5 6 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. San Bernardino Municipal Code (Development Code) Section 19.02.050, 7 Definitions, is hereby amended to add the definition of "Emergency Shelter" to read as follows: 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19.02.050 DEFINITIONS Emergency Shelter. As used in Government Code Section 65582, 65583. and 65589.5 (Senate Bill-2), and as defined in Health and Safety Code Section 50801(e), "emergency shelter" means housing with minimal supportive services for homeless 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 19.1 O-E. 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 1 O-16M08. wpd 6 Me-I288 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 Section s. Pursuant to the requirements of Senate Bill 2, the Mayor and Common Council hereby direct the Development Services Department to implement a program to amend the City's zoning ordinances to meet the requirements of Government Code Section 65583(a)( 4)(A) within one year of the adoption of the City's revised Housing Element of the General Plan. Section 6: This Ordinance is based upon the recitals and findings set forth above, and the accompanying Staff Report and its 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 Sections 31, 40(z), and 121 of the Charter of the City of San Bernardino and California Government Code Section 65858. Section 7: Pursuant to Sections 31 and 121 of the Charter of the City of San Bernardino and Government Code Section 65858, this Ordinance shall take effect immediately. This Ordinance shall be of no further force and effect 45 days from its date of adoption unless extended by action of the Mayor and Common Council. Section 8: Compliance with the California Environmental Quality Act. The Mayor and Common Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) (the activity will not result in a direct or 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 MC-1288 I 2 3 4 5 6 7 8 9 10 II 12 13 1,4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 effectiveness of the remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby declares that it would have adopted each section irrespective of the fact that anyone or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. III III III F:\EMPENO\Ordinances\EmergencyShelters. Urgency Ordinance 1 0-16~08. wpd 8 " Me-1288 I 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: AYES NAYS ABSTAIN ABSENT x x x x x x x 20 21 22 23 24 25 26 Approved as to form: JAMES F. PENMAN 27 City Attorney Q~,J.lJ_~ Rachel Clark, City Clerk The foregoing Ordinance is hereby approved this ~ / j~ay of October ,2008. CKJ. MO of San Bernardino r 28 !) ; ,.'_.u .- i t-/ vvy~ .\EMPENO\Ordinances\EmergencyShelters.Urgency Ordinance 10.16.08. wpd 9 Me-1288 EXHIBIT A CHAPTER 19.08 INDUSTRIAL DISTRICTS 19.08.020 PERMITTED, DEVELOPMENT PERMITTED AND CONDITION ALL Y PERMITTED USES The following list represents those primary uses in the manufacturing/industrial zoning districts which are Permitted (P), subject to a Development Permit (D) or a Conditional Use Permit (C): TABLE 08.01 INDUSTRIAL DISTRICTS LIST OF PERMITTED USES MC 888 12/6/93 LAND USE ACTIVITY CH OIP IL IH 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 D' 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 ofthe operation (other than storage) occurring outside of the enclosed structure: A. Outside land uses in the CH and 1H districts within 150 feet of a residential land use district; C C 6. Concrete batch plants, processing of minerals and C C aggregate and other related land uses, not including extraction activities; 7. Crematory; D D D 8. Dwelling unit for a full-time security guard and family; D D D 9. Educational Service, including day care; D D D C 10. Emereency Shelters ...f' II. Entertainment/Recreational Uses: A. Adult Entertainment C C B. Auditoriums, Convention Halls and Theaters C C F:\EMPENO\Ordinances\Emergency Shelter", Industrial Districti with E overlay 10016-08.doc MC-1288 LAND USE ACTMTY 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 ParlorslMortuaries; D D D IS. Gasoline Service Stations; D D D 16. Heliports/Helipads; C C C C C 17. Impound Vehicle Storage Yards (with or without towing) C C D 18. Membership organizations, including religious facilities, D D D meeting halls, and fraternal lodges; 19. MininglExtraction, including aggregate, coal, gas, metal C and oil; 20. Mobile Home Dealers (sales and service); D D D 21. Offices/Services (administrative and professional); D D D 22. Outdoor contractor's, lumber, and rental yards and storage D D D D areas for building supplies; 23. Outdoor Horticultural Nurseries; D D D D 24. Parking Lots; D D D D D 25. Personal Services; D D' D' 26. Pipelines (As defined by Section 19.20.030[12][E] or as C C C C C superseded by State or Federal law); 27. Public utility uses, distribution and transmission D D D D D substations and communication equipment structures; 28. 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;\EMPENO\OrdinanclS\Emeigency Shelters Industrial Districts with E o,,'crla)' lO-l6-08.doc MC-1288 LAND USE ACTIVITY cn OIP II, IH 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 encesIW 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 Permit) T T T T T 'Except auto related. -'Permitted in the Emergency Shelter Oyerlay District in the IL District. nursuant to Chanter 19.1 O-E._ 3 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:\EMPENO\Ordinances\EmergecC)' Shelters Industrial Districts with E overlay lO-16-08.doc Me-I288 EXHIBIT B CHAPTER 19.10-E EMERGENCY SHEL TER OVERLAY DISTRICT 19.10-E.OI0 PURPOSE The oumose of this chapter 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 Goveroroent Code Section 65583. are allowed as a oermitted use without a conditional use oermit. or other discretionary oermit. Reco~izing the need for available and affordable sites for establishment of emergency shelters uses outside the traditional locations in residential and commercial districts. the Emergencv Shelter Overlav District orovides an area within the IL district for new emergency shelters to be integrated with light industrial uses and existing social services in the area. The oUlpose of the designated boundaries (area of applicabilitv) is to maximize the ootential for cooperation and svnerl!V of emergency shelters and social services in the Emergencv Shelter Overlay District. 19.10-E.020 AREA OF APPLICABILITY The Emergencv Shelter Overlav District shall aoolv to the IL. Industrial Light land use district lYing east of Waterman Avenue. south of 3m Street and north of Central Avenue. All land use reg:ulations and development standards for industrial uses in the IL District as soecified in Chapter 19.08 shall remain in effect. The effect of the Emergencv Shelter Overlay District shall be to define the area of apolicability where emergency shelters shall also be permitted with the aoproval of a building permit. and to add general and soecific development standards for emergency shelters within the IL land use district. 19.10-E.030 GENERAL PROVISIONS I. Emergencv shelters located within the Emergencv Shelter Overlay District shall be develooed and ooerated according to the land use regulations. development standards and design guidelines for the IL District in this Chapter 19.10-E and in Chapter 19.08 Industrial Districts. 2. Emergency shelters shall be oermitted with the approval of a building oermit within the Emergencv Shelter Overlay District as soecified in Table 08.01 in Chapter 19.08. F:\EMPENO\Ordinanus\El1lergencyShelters Chap 19.10-E -lO-l6-08.doc MC-1288 19.10-E.040 DEVELOPMENT STANDARDS 1. The following standards shall aoolv to the develooment of soecific emergency shelters within the Emergencv Shelter Overlay District: A. EMERGENCY SHELTERS Emergencv shelters. oroviding temoorarv housing and suooort services to homeless persons. shall be oermitted in the Emergencv Shelter Overlay District of the 11. Industrial Light land use district. subiect to the standards in this Section. As social services with residential comoonents. emergency shelters are also conditionally permitted in several residential and commercial land use districts and throughout the 11. Industrial Light land use district. The following standards shall be reQuired for develooment or establishment of emergency shelters in the Emergency Shelter Overlay District: (I) The maximum resident capacity shall be 50: (2) The maximum length of stay 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 oublic transit stoo: (5) No emergency shelter shall be established on any site less than 500 feet from any existing single- family residence. K -12 school. Dark. liquor store or other business with an Alcoholic Beverage Control license to sell alcohol for off-site consumotion. or adult business oer Section 19.06.030 (2)(A)(1): (6) No emergency shelter shall be established on any site less than 300 feet from the site of another emergency shelter: (7) Off-street parking shall be provided at a ratio of one soace oer 1.000 SQuare feet of gross floor area. or one space for each emplovee on the largest shift plus one soace for each agency vehicle olus three visitor spaces. whichever is greater: (8) Fencing and exterior lighting conforming to the develooment standards of Chapter 19.20 shall be reQuired to ensure the security of site residents: (9) A security and management olan shall be required to demonstrate adeQuate olans and caoability to ooerate the emergency shelter in a safe and effective manner. including comolete descriotions of the following: (a) Fencing. lighting. video cameras. and any other ohvsical imorovements intended to provide or enhance security for residents and staff: F:\EMPENO\Ordinances\EmergencyShelters Chap 19.10-E. 10-16-08.doc Me-lZ88 (b) Staffing olans. including the Qualifications and resoonsibilities of all staff members and the number and positions of emplovees on each shift: (c) Procedures and policies for screening of potential residents to identifv individuals who should be referred to medical facilities. residential care facilities. other service agencies or law enforcement: (d) Plans and policies for dailv operations and supervision of residents: (e) Support services to be offered to residents. including life skills trammg. counseling. referral to other service agencies and iob placement assistance: (f) Plans to coordinate services of the facilitv with other homeless service providers in San Bernardino County. to improve the effectiveness of the network of agencies serving the homeless. countywide. F:\EMPENO\Ordinances\EmergencyShelters Chap 19.10-E -10-t6-08.doc