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HomeMy WebLinkAbout06-26-13SAN LUIS OBISPO PLANNING COMMISSION AGENDA Council Chamber City Hall - 990 Palm Street San Luis Obispo, CA 93401 June 26, 2013 Wednesday 6:00 p.m. CALL TO ORDER/PLEDGE OF ALLEGIANCE ROLL CALL: Commissioners John Fowler, John Larson, Michael Multari, Airlin Singewald, Charles Stevenson, Vice -Chairperson Eric Meyer, and Chairperson Michael Draze ACCEPTANCE OF AGENDA: Commissioners or staff may modify the order of items. MINUTES: Minutes of June 13, 2013, Approve or amend. PUBLIC COMMENT: At this time, people may address the Commission about items not on the agenda. Persons wishing to speak should come forward and state their name and address. Comments are limited to five minutes per person. Items raised at this time are generally referred to staff and, if action by the Commission is necessary, may be scheduled for a future meeting. PUBLIC HEARINGS: NOTE: Any court challenge to the action taken on public hearing items on this agenda may be limited to considering only those issues raised at the public hearing or in written correspondence delivered to the City of San Luis Obispo at, or prior to, the public hearing. Any decision of the Planning Commission is final unless appealed to the City Council within 10 days of the action (Recommendations to the City Council cannot be appealed since they are not a final action.). Any person aggrieved by a decision of the Commission may file an appeal with the City Clerk. Appeal forms are available in the Community Development Department, City Clerk's office, or on the City's website (www.slocity.org). The fee for filing an appeal is $268 and must accompany the appeal documentation. If you wish to speak, please give your name and address for the record. Please limit your comments to three minutes; consultant and project presentations limited to six minutes. 1. City -Wide. GPI/ER 45-13: Review of proposed amendments to Title 17 (Zoning Regulations — Safe Parking Ordinance) of the Municipal Code and Negative Declaration of Environmental Impact; City of San Luis Obispo, applicant. (Tyler Corey) Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the Community Development, 919 Palm Street, during normal business hours. Planning Commission Agenda Page 2 COMMENT AND DISCUSSION: 2. Staff a. Agenda Forecast 3. Commission ADJOURNMENT Presenting Planners: Tyler Corey usThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Please contact the City Clerk or staff liaison prior to the meeting if you require assistance. CITY OF SAN LUIS OBISPO PLANNING COMMISSION STAFF REPORT ITEM # 1 BY: Tyler Corey, Housing Programs Manager DATE: June 26, 2013 FROM: Kim Murry, Deputy Director of Community Development FILE NUMBER: GPI/ER 45-13 PROJECT ADDRESS: Citywide SUBJECT: Review of amendments to Title 17 (Zoning Regulations — Safe Parking Ordinance) of the Municipal Code. SUMMARY RECOMMENDATION Adopt the attached Planning Commission resolution which recommends that the City Council approve the Negative Declaration of Environmental Impact and adopt the proposed amendments to Title 17 (Zoning Regulations — Safe Parking Ordinance) of the Municipal Code. BACKGROUND In recent years, RVs and automobiles have increasingly emerged as a form of shelter for persons unable to obtain transitional or permanent housing and seeking to escape the elements. Some people have found themselves in this position because of the economy, the scarcity of transitional and affordable housing, and/or limited shelter beds. Strained social service resources make it increasingly difficult to assist people who find themselves without homes and shelter. As health and safety issues have occurred, interest has grown in a safe parking program that could help mitigate the impacts of people living in vehicles on City streets by providing a safe place to park and access to case management with the goal of eventual transition to permanent housing. On March 20, 2012, the City Council authorized Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO) to operate a safe parking pilot program for up to five vehicles on a portion of the property located at 43 Prado Road adjacent to the Prado Day Center (Attachment 1). On June 22, 2012, CAPSLO initiated the pilot program that provides homeless persons with vehicles a safe place to temporarily park with the goal of eventually transitioning them into permanent housing. Based on reports from CAPSLO and the Police Department, the program is accomplishing its goal of providing a safe place for those living in their vehicles to sleep while working towards transitioning into permanent housing. On October 2, 2012, Council received a presentation on CAPSLO's safe parking pilot program, including its operations, participant success, and lessons learned through the initial months of operation. At that meeting, Council extended the pilot program for an additional six month period and directed staff to develop amendments to the Municipal Code to allow safe parking facilities at compatible locations (Attachments 2 & 3). DISCUSSION The City's Municipal Code prohibits people from sleeping in vehicles on both private and public (i.e. streets) property. The proposed amendments would allow safe parking facilities on private property in certain zoning districts subject to performance standards and permit requirements GPI/ER 45-13 (Safe Parking Ordinance) Page 2 (Attachment 4). These standards and requirements are intended to erasure that safe parking facilities are compatible with surrounding uses and effective at facilitating participants' transition to permanent housing. Consistency with 10-Year Plan The 10-Year Plan lays out a vision that focuses on ensuring that everyone has access to affordable housing. The proposed amendments are consistent with and implement Strategy 1.2 of the 10- Year Plan. This strategy seeks to increase the supply of short-term "interim" and transitional housing as a supplement, and not an alternative, to permanent supportive housing. Perinanent housing should be provided "first" when possible and appropriate to the individual's needs, and interim and transitional housing should be used only as a stop gap measure for those in housing crisis. Interim housing should be linked with the community services centers and structured so that it connects clients with support services and a case management plan to help them rn. ove toward greater stability. Implementation of the 10-Year Plan will close gaps in the continuum of care for homeless individuals and families and will link and improve the use of limited finding resources to achieve the plan goal of ending homelessness. The homeless Services Oversight Council (HSOC) supports the establishment of safe parking programs for homeless in the County (Attachment 6). Case Studies and Safe Parking Ordinance In an effort to review best practices and lessons learned regarding safe parking programs, staff researched programs currently operating in the City/County of Santa Barbara, City of Ventura and City of San Diego. Staff contacted both the social service providers and jurisdictions to solicit specific input on what to consider in a local program, what to avoid, and how to craft a program with the best chances of success. The table below provides details of these operating programs and a comparison of key program elements with the Draft Ordinance. GPI/ER 45-13 (Safe ]Parking Ordinance) Page 3 1 Number of vehicles allowed at each safe parking facility location would be determined by the Planning Commission as part of the Use Permit review process on a case -by -case basis. 2 Social service providers shall give preference to those with proof of residency in San Luis Obispo County for a minimum period of six months within the last two years. 3 Evidence of residency may include, but not limited to, items such as rental agreements, mortgage, utility, hotel and medical facility bills, paystubs and intake from homeless service programs. 4 vehicle requirements include current registration, insurance and license. s Prospective participants shall submit to a criminal history background check. Participant exclusion shall be determined by the social service provider on a case -by -case basis. Public Outreach The City contracted with Flint Strategies to provide assistance in the development of a public engagement plan and to identify key audiences for the public outreach process. The outreach summary is included as Attachment 7. The primary goals of the Safe Parking Ordinance outreach effort were to: 1) Actively engage the diverse populations of the City in the discussions about a Safe Parking Ordinance and how safe parking facilities should be operated, located and managed. 2) Educate residents about the background and purpose of the Ordinance. 3) Ensure that all affected stakeholders including those representing homeowners, businesses, homeless individuals/families and social service/faith based organizations are actively involved in the process. Workshops and Meetings Staff facilitated two rounds of workshops and meetings (total of 12); the first in the fall of 2012 and the second in the spring of 2013. The first round was focused on gathering community input on how safe parking facilities should be operated, located and managed. The second round provided an opportunity for the community to review public input received and how it was incorporated into the Draft Ordinance. Online Survev Staff conducted an online survey, which was completed by 347 people between October- and December 2012. The survey included a series of questions regarding how safe parking facilities should be operated, located and managed. Links were provided on the City's website and notifications were sent to approximately 5,000 residents, business owners and local GPI/ER 45-13 (Safe Parking Ordinance) Page 4 organizations. The survey was also promoted via local news media with articles in The Tribune and New Times. Outreach Results Staff compiled feedback received from the workshops, meetings, other correspondence and online survey into three categories of criteria: program, location and operational. These categories were used throughout the public outreach process for consistency. The following is an overview of public feedback and comments received for each category, which have been incorporated into the Draft Ordinance: Program Criteria • Require individualized case management • Give preference to individuals with ties to community • Require background checks • Maintain drug & alcohol free environment Location Criteria • Require use permit to ensure compatibility • Buffer residential areas • Number of vehicles at each site should be compatible with surrounding neighborhood density • Separation between safe parking sites • Locate sites near public transit Operational Criteria • Facilities managed by social service providers • Require restroom and trash facilities • Allow site flexibility (hours, number of vehicles, buffers) • Develop mechanism to respond to complaints (noise, trash, etc.) • Require monitoring and oversight (camera feeds, on -site presence, etc.) • Ensure appropriate lighting Human Relations Commission Action On June 5, 2013, the Human Relations Commission, on a 6-0 vote (Simon absent) recommended the Planning Commission recommend City Council approval of the proposed amendments to Title 17 (Zoning Regulations — Safe Parking Ordinance) without modification (Attachment 5). Staff responded to questions from the Commission regarding the proposed amendments. Six members of the public spoke on the item, including both past and present safe parking pilot program participants. Overall, comments received were in support of establishing a permanent safe parking program to address the growing community need for programs providing safe accommodations for individuals and families utilizing vehicles for temporary shelter in order to facilitate the transition to permanent housing. GPI/ER 45-13 (Safe Parking Ordinance) Paize 5 Conclusion The Draft Ordinance seeks to balance community input with the need to provide expanded services and programs for those that want to transition into permanent housing. It incorporates community input by establishing specific permit requirements, performance standards and use permit considerations to ensure that safe parking facilities will be compatible with surrounding uses and effective at facilitating participants' transition to permanent housing. The proposed amendments are consistent with the San Luis Obispo Countywide 10-Year Plan to End Homelessness (10-Year Plan) and further the City's 2013-15 Financial Plan Major City Goal: "Implement Comprehensive Strategies to Address Homelessness". ALTERNATIVES 1. The Commission may modify the proposed amendments to the Municipal Code. Specific direction should be given to staff regarding any modifications. 2. The Commission may continue action, if more information in needed. Direction should be given to staff regarding additional information needed to make a decision. ATTACHMENTS 1. Council Resolution No. 10342 (2012 Series) 2. Council Resolution No. 10401 (2012 Series) 3. October 2, 2012, City Council meeting minutes 4. Text amendments (Legislative Draft) 5. HRC June 5, 2013, meeting minutes 6. HSOC Resolution 7. Outreach summary prepared by Flint Strategies 8. Letter of support from the San Luis Obispo Chamber of Commerce 9. Initial Study 10. Planning Commission Resolution G:\CD-PLAN\Tcorey\LR\Safe Parking Program\Staff Reports\Safe Parking Ordinance\PC\PC Staff Report.doc Attachment 1 RESOLUTION NO. 10342 (2012 Series) A RESOLUTION OF THE CITY OF SAWN LUIS OBI PO SUSPE NDING ENFORCEME NT QF THE REQUIREMENTS OF SAN LUIS OBISPO MUNICIPAL CODESECTION 17.16.015 FOR A PORTION OF 43 PRADO ROAD AND AUTHORIZING A SAFE PARK JNG PILOT PRO GRAM AT PRADO DAY CENTER (43 PRADO ROAD) WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearinS in the Council Chamber of City Wall, 990 Palm. Street, San Luis. Obispo, California, on March 20, 2012jor the purpose of considering a, safe parking pilot program to allow overnight sleeping invehicles at the'Prido Day Center at 43 Prado Road; and WHEREAS, the City's Municipal Code, 17,16,015 prohibits sleeping in vehicles except in lawfully operated mobile home parks, travel trailer parks, or campgrounds; and WHEREAS, there is a, growing community need for programs providing safe accommodatioms for individuals and families utilizin S or to po ar ShO C: n order . g vehicle f ra r y t r i o d to facilitate the transition to permanent housing; and WHEREAS, CAPSLO has requested to eslabil'sh a s4fe parking pilot program at the Prado Day Center; and WHEREAS, the established homeless services program and facilities at the Prado Day Center is an appropriate location for a temporary, pilot program to accommodate people sleeping invehicles overnIght as temporary shelter, and WHEREAS, the City Council has duly considered all evidence, including the. testimony of the applicant, interested.parti0s, and the evaluation and reeommendations by staff, presented at said hearing. NOW, THEREFORE, IRE IT RESOLVED by the City Council of flie City of Sate Luis Obispo as follows - SF,CTION 1, Figd-into, Based upon all the. evidence, the City Cotuicit makes the following ffixdiTigs: 1. A safe parking pilot program advances a key component of the goal to provide afOrm of trw-sstfional housing consistent with the San I'luis Obispo Countywide 10-year Plan to End I - tome Icssness. 2, There is a growing cornrawfity need -for a safe parking pilot program for those looking for a safe place to temporarily sleep in their vehicles while they transition to pennanent housing. 3. A pilot program will allow CAPSLO and the City to evalu.ate the success of the program prior to deciding -whethcr to rnove forward with a long -terra City-wide program. R 10342 2 Resol twon No, '10342 (2 012 Series) gage Attachment I 4. As conditioned, a safe parking pilot program within the parking area for the Prado Day. Center'as show on Exhibit A, is a logical addition to the homeless services currently provided and nianaggcd by CAPSLO. SECTION 2. Cwi4Ajg9& Ihe City Council hereby authorizes the Pmdo Day Center to operate a safe parking pilot program at 43 Prado Road in the location Specified in Exhibit A and subject to the following conditions- L Tbe pilot, program shall be valid only for the Prado Day Center parking, area located at 43 Prado Road and only as shown on attached Exhibit A. 2. The pilot progrmn shall be valid for a six (6) month period from the date of program implementation, 3, The, number of vehicles glowed to participate in the pilot program shall be limited to five (5), 4. Pilot program participants inust be enrolled :in programs to facilitate the transition to more permanent housing and paired with a case manager, 5. Restroom facilities shall be provided by CAPSLO. 6. No drugs or alcoholmay be contained in program vehicles or possessed or consumed on City Property, 7. No weapons or firearms of any kind may be contained in program vehicles or used or possessed on City property at 43 Prado Road. 8. No fires of any kind shall be permitted on City property. 9. Ito music may be played that is audible outside vehicles, 10, No cooking or food preparation shall be performed outside of the participant's vehicle. 11, Cramping tarps or equipment beyond the top of the vehicle are prohibited. 12, Only one vehicle is allowed per participant or household at the site. 13, A. monitoring ul,d oversight program -Ior t .. i shall be provided to the City pi o con-unence-ment,of the pilot program, 14. Provide program hours, a, Location of trash and recycling bins b. Location of restroom facilities C4 parking plan.. d.. Any lighting or security facilities 16. Program participants sba.14 possess a current driver's license, vehicle, registration, and insurance for the vehicle that will be parked in the designated space. CAPSLO shall keep a copy of aJI three on record. 17. CAPS1.0 shall provide a recognizable parking permit for vehicles registered in the prograrn- This will assist CAPSLO staff and police officers to recognize vehicles which are authorized to participate in the program. 18. Utilities such as water, electricity or gas shall not be connected with RVs or other vehicles. 19. Vehicles may only be occupied by clients and approved registered household:members. Guests shall not, be allowed, 20. Program participants and all hottschold tnembers who will be staying in vehicle must sign an indenitti4wation and waiver inderanifying and waiving all clainis or causes of action against the City, including relocation benefits. The City will provide a standard indemnification and waiver forma 21. Program participants sball. keep barking dogs in their vehicles and dogs demonstrating aggressive behavior shall not be permitted to be maintained on City property, Pets shall be kept on a leash at all times on the property. Animal waste shall be picked up imimediatV.-ly and disposed of properly. 22. Program participants shall corn.ply with all applicable local, state, and federal laws, rules and regulations, 21 Failure of program participants to follow all pro ream. rules will result in termination from theprograrn, 24. Program rules shall be distributed to all program participants. SECTION 3. SLj§pen§iQri of Miiniciggl Coe E-nforceni-q2t, In, order to facilitate the operation of the pilot program, the City Council hemby suspends enforcement of Section 17A6.015 of the City of S= Luis Obispo Municipal Code prohibiting the uw of recreational vehicle as a dwelling unit as it applies to the City property located at 43 Prado Road, as shown in Exhibit A. Enforcement of Section 17.16.015 on this property shall be suspended only 1br such time period - as the pilot program is authorized by the, City to operate and enforcement sball resume at such time as the pilot prog.rain is terminated, SECTION 4� City Manager Agthority.'Fhe, City Manager is authorimd to act on behalf Of. the City in. executing any occasary agmemeats or other relatod actions to implement the Safe parkingpilot pro rain at the Prado Day Center. On motion of Council Member Ashbaugh, seconded by Council Member Carter, and cats the following Vote,: AYES: Council penile Ashbaugh, Carter and Smith, Vice Mayor Carpenter and IMayor Marx NON & None ABSENT: Nonc the foregoing resolution was pissed and adopted this i. 20:"' day of March 2012 4 May Jin Marx ATTEST: Elain a Cano City Clark APPROVED Attomey agp Exhibit A Attachment I Attachment 2 RESOLUTION NO.,10401 (2012 Series) A .RESOLUTION OF THE CITY OF SAN.LUIS OBISPO EXTENDING THE; SUSPENSION OF ENFORCEMENT OF THE REQUIREMENTS OF SAN LU.IS OBISPO MUNICIPAL CODE SECTIONS 17.16.015 AND 9.18 FOR A PORTION OF 43 PRADO ROAD WHEREAS, on March 2.0, 2012, the City Council of the City of San Luis Obispo temporarily suspended enforcement of the requirements of San Luis Obispo Municipal Code Section 17.16.015 (Recreational vehicle as dwelling unit) and authorized Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO) to operate a safe shelter pilot program to allow overnight sleeping in vehicles at the Prado Day Center at 43 Prado Road; and WHEREAS, on June 22, 2012, CAPSLO implemented a six month safe parking pilot program for up to five vehicles at the Prado Day Center at 43 Prado Road; and WHEREAS, on July 3, 2012, the City received a ruling Superior Court issued a ruling granting a motion for preliminary injunction against the City's enforcement of San Luis Obispo Municipal Code (SLMC) Section 17.16.01 S to prohibit the use of vehicles as living and sleeping quarters on local streets; and WHEREAS, on July 10, 2012, the City Council of the City of San Luis Obispo adopted an emergency ordinance declaring and reaffirming the scope and intended enforcement of the City's ordinance prohibiting the use of vehicles as living and sleeping quarters throughout the City of San Luis Obispo and added Chapter 9.18 (Recreational vehicle as dwelling unit) of the San Luis Obispo Municipal Code in order to ensure enforceability of vehicular occupancy prohibitions on public streets; and WHEREAS, on July 17, 2012, the City Council of the City of San Luis Obispo temporarily suspended enforcement of the requirements of San Luis Obispo Municipal Code Section 9.18 (Recreational vehicle as dwelling unit) to allow the safe shelter pilot program to continue consistent with Council''s previous approval; and WHEREAS, there is a growing community need for programs providing safe accommodations for individuals and families utilizing vehicles for temporary shelter in order to facilitate the transition to permanent housing; and WHEREAS, CAPSLO has requested that the safe shelter pilot program be extended an additional six months at 43 Prado Road; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. R 10401 Attachment 2 Council Resolution No. 10401 (2012 Series) Page 2. NOW, THEREFORE,, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. Extending the safe shelter pilot program for an additional six months will advance a key component of the goal to. provide. a form of transitional housing consistent with the San Luis Obispo Countywide 10-year Plan to End Homelessness_ 2. There is a growing commuiuty need for programs providing safe accommodations for individuals and families utilizing vehicles for temporary shelter in. order to facilitate the transition to permanent housing. 3. A safe shelter pilot program within the parking area for the Prado Day Center, as show on Exhibit A, is a logical addition to the homeless services currently provided and managed by CAPSLO. SECTION 2. Suspqnsion of Municipal Code. Enforcement. In order to allow the continued operation of the pilot program, the City .Council hereby suspends enforcement of Sections 17.16,015 & 9..18. (until repealed) of the City of San. Luis Obispo Municipal Code prohibiting the use of recreational vehicles as a dwelling unit as those sections would otherwise apply to the City property located at 43 Prado Road, as shown in Exhibit A. Enforcement of Sections 17.16.01 S & 9.19 on this property shall be suspended only for such time period as the pilot program is authorized by the City to operate and enforcement shall resume at such time as the pilot program is terminated. All conditions established by Council Resolution No. 10342 (2012 Series) shall remain in full force and effect. SECTION 3. City Manager Authority. The City Manager is authorized to act on behalf of the City in executing any necessary agreements or other related actions to extend the safe shelter pilot program for an additional six months at the Prado Day Center. Upon motion of Council Member Ashbaugh, seconded by Council Member Smith, and on the following roll call vote: AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter and Mayor Marx NOES: None ABSENT: None Attachment 2 Council Resolution.No. 10401 (2012 Series) Page 3 The foregoing resolution was passed and adopted this 2°d day of October, 2012. Maylza Marx ATTEST: 1k, 4 0- �' � V� Maeve edy Or& s City Clerk APPROVED AS TO FO Attorney 'a' �" sx 7 Attachment 3 City Council Meeting Minutes Page 5 October 2, 2012 B2. SAFE SHELTER PILOT PROGRAM UPDATE AND DIRECTION FOR A SAFE SHELTER PARKING ORDINANCE. Community Development. Director Johnson and Housing Programs Manager Core presented the report and responded to Council questions. CAPSLO Program Manager, Dee Torres was available to participate and responded to Council questions. Public Comments Donald Hedrick, San Luis Obispo, spoke regarding various needs of the homeless. Adam Stowe, San Luis Obispo, spoke regarding the balance of human rights and public safety. Supports this item and wants to see it expanded to other areas. Kevin Rice, San Luis Obispo, reviewed his opinions regarding the issues. He supports an extension and wants to see it extended to other parking lots. Michelle Tasseff, San Luis Obispo, The Good Sam shelter in Santa Maria is a positive example and does have rules and regulations individuals must follow. A large number of the homeless are from outside the area and outside the state. She supports the Prado day center; the rules and the limited numbers in the lot; she stated that more study is needed before it is expanded. Bill Thoma, San Luis Obispo, asked the question, how do we distribute the parking lots through the City and put them close to services? He is in favor of continuing the program, but doesn't want to see it expanded until further study is completed. Courtney Kienow, San Luis Obispo, representing the Chamber of Commerce, supports the efforts to expand the safe parking program in our community. There are difficult challenges to overcome and is hopeful the program can be a viable solution. Rev. Cynthia R. Eastman, San Luis Obispo, is appreciative of all the work the Council is performiiVk on this matter. Jason Reed, San Luis Obispo, Deputy Director at the Women's Shelter, homeless advocate, commends the Council for their work. ---end of public comments --- Council discussion followed. Each Council Member expressed support for this project and appreciation of the work performed by Dee Torres and members of CAPSLO, Council discussed suggestions for proceeding forward, including management of the program, case management, residency requirements, background checks, prohibition of those who have been convicted of violent crime, and possible expansion locations. The following additional points were raised: Council Member Carter stated the three groups are valid and need to be addressed for their own needs. He felt it needs to be made clear to everyone what is expected of Attachment 3 City Council Meeting Minutes Page 6 October 2, 2012 people in this community, whether they live in a home or are homeless. Council Member Ashbaucih expressed his feelings that there needs to be a range of solutions. He stressed that we need to find a way to empower people, not just manage them. Council Member Smith agreed with statements made by other Council Members and stated that we have drawn a lot of homeless to our community and are now dealing with the issues surrounding that. Vice Mayor Carpenter struggles with clumping all people in one category. He feels CAPSLO is doing an excellent job, but cannot stretch forever. Mayor Marx stated it would be foolish to think that expanding the safe shelter program would solve the problem in its totality; however, this is a significant step forward. ACTION: Motion by Council Member Ashbaugh / Council Member Smith to 1) Receive a presentation on Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO) safe shelter pilot parking program and Adopt Resolution No. 10401 (2012 Series) to extend the temporary suspension of enforcement of Municipal Code Chapters 17.16,015 & 9.18 (Recreational vehicle as dwelling unit) at 43 Prado Road for an additional six months; and 2) Direct staff to develop amendments to Title 17 of the Municipal Code to allow a permanent safe shelter parking program. Roll Call Vote: 5-0. Motion Carried. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Council Member Ashbaugh indicated that he represented the Council at the opening of Savor the Central Coast. He also distributed reusable bags outside of grocery stores on Saturday and Monday. There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 9:53 p.m. Maev"ennedyt4imes City Clerk - APPROVED BY COUNCIL: 11/07/12 E Attachment 4 17.08.115 Safe Parking. A. Purpose and Intent. Safe parking provides homeless individuals and families with vehicles a safe glace to temporarily park overnight in order to facilitate the transition to permanent housing. The provisions -set forth in this Section enable safe parking in certain zoning districts in the city subject to specific performance standards and permit requirements. These standards and requirements are intended to ensure that safe parking facilities will be compatible with surrounding uses and effective at facilitating participants' transition to permanent housing. B. Definitions. 1. Safe Parking. A parking program, operated on private property and managed by a social service provider, that provides individuals and families with vehicles a safe place to park overnight while working towards a transition to permanent housing_ 2. Social Service Provider. An agency or organization licensed or supervised by any federal, state or local health/welfare agency that participates in the federal Homeless Management Information System (HMIS) and has demonstrated experience with the homeless population by assisting individuals and families achieve economic self-sufficiency and self-determination through a comprehensive array of programs and actions. 3. Case Management. A system for arranging and coordinating care and services whereby a case manager assesses the needs of the client and client's family and arranges coordinates monitors, and advocates for services to meet the client's needs. 4. Self -Sufficiency Program. A program designed to assist individuals and families in meeting their basic needs and address any substance -dependency and mental health issues so that they do not need to rely on emergency public or private assistance. 5. Background Check. A criminal records check from a variety of public sources that would provide information regarding an individual's possible criminal history., C. Permit Required. 1. Planning Commission Use Permit Required. The establishment of a safe parking use shall require Planning_ Commission Use Permit approval where allowed, consistent with Table 9. D. _Application Requirements. Whenever a social service provider submits a Planning Commission Use Permit application for con sideration, nsideration, as_a part of said application, sufficient information shall be submitted to the Community Development Department to determine whether the proposed safe parking facility complies with the provisions of this Section. In addition to the required Planning Commission application checklist items, the application shall include the following: 1. Site plan indicating the location of trash and recycling facilities, restroom facilities, exterior light fixtures, location and distances to residential properties, public transportation, and location of designated overnight parking spaces. 2. Hours of operation. 3. Monitoring and oversight program. 4. Neighborhood relations plan. 5. Sufficient information to determine that the applicant is a social service provider that is ualified tooperate a safe parking program. 6. Any other information the Community Development Director may determine is necessary to ensure compliance with the provisions of this Section. E. Performance Standards. 1. Social Service Provider. Safe parking facilities shall be managed by a qualified social service provider, subject to the approval of the Community Development Director. 2. Case Management. Participants must be paired with a case manager and enrolled in a self- sufficiency program to facilitate the transition to permanent housing. Attachment 4 3. Background Check. Prospective participants shall submit to a criminal history background check. Participant exclusion shall be determined by the social service provider on a case -by - case basis. 4. Restroom and Trash Facilities. Restroom and trash facilities shall be provided, maintained and accessible to participants during safe parking facility hours. 5. Residency Preference. Social service provider shall give preference to those with proof of residency in San Luis Obispo County for a minimum period of six months within the last two years. Evidence ofresidency may _ include, but not limited to, items such as rental p agreements, mortgage, utility, hotel and medical faality bills,aystubs and intake f _. rom homeless service programs. 6. Buffer from Residential Use. Participant vehicles shall maintain a minimum buffer of 50 feet fromany propertythat contains a residential use. Buffers greater than 5 et 0 feet may be necessary for neighborhood compatibility, which will be determined on a case -by -case basis as part of the Use Permit review process. 7. Authorized Vehicles Only. Social service provider shall ensure that only vehicles registered in the program are parked overnight during program hours. A parking permit shall be provided to all participants to be displayed in vehicle windows in a form to be approved by the Public Works Director. 8. Participant Information. At all times, the social service provider shall maintain a roster of the names and vehicle license numbers of each participant who is authorized to park overnight. 9. Written Agreement with Participants. Only participants. who have entered into a written agreement with a social service provider shall be allowed to use parking spaces overnight. The written agreement between the social service provider and participant must include, but not limited to, the following terms and conditions: a. Only one vehicle is allowed per participant. b. At least one participant per vehicle shall possess a current driver's license, vehicle registration, and insurance for the vehicle that will be parked overnight. Social service provider shall keep a copy of all three on record. c. Vehicles may only be occupied by participants and approved registered household members. Guests shall not be allowed. d. Participants shall not use or possess any drugs or alcohol either on their person or in their vehicle. e. Participants_ shall not use or _possess any weapons or firearms of any kind in program vehicles. f. No fires of any kind shall be permitted. g. No music may be played that is audible outside participants' vehicles. h. No cooking or food preparation shall be performed outside of the participants' vehicles. Cooking inside vehicles is prohibited unless the vehicle was manufactured with cooking appliances. i. Campine tarps or equipment beyond the participant's vehicle are prohibited. j. Participants shall maintain control of dogs. Pets shall be kept on a leash at all times and animal waste shall be picked up immediately and disposed of properly. k. Participants shall not dump sewage or other waste fluids or solids, deposit human excreta outside a vehicle or park vehicles that leak excessive fluids i.e. gasoline, transmission or radiator fluid, or engine oil). F. Use Permit Considerations. Items to be determined by the Planning Commission as part of the Use Permit review process on a case -by -case basis shall include, but not limited to, the following Attachment 4 1. Number of Vehicles Allowed. The total number of vehicles allowed at each safe parking facility location. 2. Hours of Operation. The days and hours of safe parking facility operation. 3. Separation between Facilities. Sufficient distance between existing and proposed safe parking facilities, 4. Neighborhood Relations Plan. A neighborhood relations plan shall be provided for each safe parking facility location to address any complaints in a timely manner. 5. Monitoring and Oversight. Monitoring and oversight shall be provided during safe parking facility hours. G. Revocation of a Permit. The Use Permit shall be reviewed by the Planning Commission if the City receives substantiated written complaints from any citizen, Code Enforcement Officer, or Police Department Officer, which includes information and/or evidence supporting a conclusion that a violation of the Use Permit, or of City ordinances or regulations applicable to the property or operation of the facility, has occurred. At the time of Use Permit review, to ensure on -going compatibility with surrounding uses conditions of approval may be added deleted modified or the Use Permit may be revoked. 17.16.015 Recreational vehicle as dwelling unit. No recreational vehicle, camper shell, automobile or similar device shall be used for living or sleeping quarters on private property, except in a lawfully operated mobile home park, travel trailer park, eF campground, or safe parking facility, except as provided in Section 17.08.010(C)(4) et seq. Within city streets, areas of the public right-of-way, and city -owned parking areas, parking of vehicles for purposes of overnight camping or sleeping is prohibited by and shall be subject to enforcement in accordance with Chapter 10.34. (Ord. 1584 § 3, 2012: Ord. 1484 § 14, 2005: Ord. 1277 § 5, 1995). Chapter 17.100: Definitions SafeParking. A _parking program, operated on private property and managed by a social service provider, that provides individuals and families with vehicles a safe place to park overnight while working towards a transition to permanent housing. Notes to Table 9: 13._Safe Parking. Safe parking is only allowed in the R-1, R-2, R-3 and R4 zones when accessory to a ublic assembly -use, such as a club lodeprivate meeting hall or religious facility. Safe parking is prohibited as a primary use in the R-1, R-2, R-3 or R-4 zones and in all applicable zoning districts on Properties that contain residential uses as the primary use. f CBIZUaRy 2012 TABLE 9 - USES ALLOWED BY ZONE Attachment 4 city Of son lugs OBISPO zoninc, Izcqutatlons AGRICULTURE Crop production and grazing A A I A A D D Greenhouse, commercial PC PC Livestock feed lot PC PC INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING Bakery, wholesale A A PC Furniture and fixtures manufacturing, cabinet shop D A Industrial research and development PC D D Laboratory - Medical, analytical, research, testing PC A A A A Laundry, dry cleaning plant A A Manufacturing - Heavy PC PC Manufacturing - Light D A A Petroleum product storage and distribution D Photo and film processing lab A A Printing and publishing _ A A A Recycling facilities - Collection and processing facility D Recycling facilities - Scrap and dismantling yard D Recycling facilities - Small collection facility D D D A Storage - Personal storage facility A A Storage yard D A Warehousing, indoor storage A A PC Wholesaling and distribution A A PC LODGING Bed and breakfast inn D PC I PC A A A Safe Parking pC 13 PC 1 PG 3 PC 13 PC :PC 'PC PC P.C. PC PC PC PC 97.08 115 Homeless shelter PC PC A PC PC PC PC PC PC PC PC 17.08.110 Hostel PC PC A A A Hotel, motel A A A PC Recreational vehicle (RV) park accessory to hotel, motel PC Vacation Rental 17.22.G Key: A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required AID = Director's approval on ground floor, allowed on second floor or above Note: Footnotes affecting specific land uses follow the table. Attachment 5 HUMAN RELATIONS COMMISSION (HRC) MINUTES REGULAR MEETING June 5, 2013 5:00 p.m. 990 Palm St — Council Chambers CALL TO ORDER: 5:00 PM PRESENT: Chairperson: Hillary Trout; Vice Chairperson: Louise Matheny Commissioners: Robert Clayton, Janet Pierucci, John Rollefson, Ronald Tilley, Hillary Trout ABSENT: Ivan Simon STAFF PRESENT: Greg Zocher, Human Resources Manager; Tyler Corey, Housing Programs Manager CONSIDERATION OF MINUTES: ACTION: Moved by Matheny/Pierucci to approve the minutes of May 1, 2013 as submitted; motion carried 6:0. PUBLIC COMMENT No public comment for items not on the agenda. BUSINESS ITEMS Item 1. DRAFT SAFE PARKING ORDINANCE (COREY) Corey presented the draft ordinance and the commissioners discussed. Public Comment was received from the following community members: Barbara and Susan - Clients of Prado Day Center Alicia Nowicki and Heinz Huebner - Hope's Village Stew Jenkins - Resident Mary Lou Zivna - CAPSLO ACTION: Moved by Clayton/Matheny to support the draft ordinance as presented; motion carried 6:0. Atta v tir r itr . e inerdoocoWhomloss resaden has increasedIn recent whfektr years dite to th:e recessi nark taTnes, 'UVIi R a � xmka r .hA les residents slee�i; jn their vehicles Attachment 7 Attachment 7 Table of Contents Safe Parking Ordinance Outreach Summary..................................................................... 1 October 2012-May 2013 Prepared by Flint Strategies..................................................... 1 KeyAudiences................................................................................................................. 2 KeyMessages.................................................................................................................. 2 Strategies......................................................................................................................... 3 Tactics............................................................................................................................. 4 OnlineSurvey............................................................................................................... 4 Workshops................................................................................................................... 4 Business Presentations.................................................................................................. S OutreachResults.............................................................................................................. 6 ProgramCriteria........................................................................................................... 6 LocationCriteria.......................................................................................................... 6 OperationalCriteria...................................................................................................... 7 Appendix Safe Parking Ordinance Outreach Summary Prepared by Flint Strategies ii Attachment 7 Safe Parking Ordinance Outreach Summary October 2012-May 2013 Prepared by Flint Strategies for The City of San Luis Obispo The City of San Luis Obispo participated in the development of a County -wide regional 10-year plan to end homelessness, Path to a Home, that laid out a vision that focuses on ensuring that everyone has access to affordable housing. The Plan was endorsed by Council in January 2009 and is being used by the City, the County, and community partners to make appropriate decisions regarding how best to use housing and service resources to assist those in need. As of 2012, there were approximately 1,592 homeless in the City of San Luis Obispo. This number includes both children and adults. Of those, approximately 20% have been identified as people with a desire to actively participate in programs that can transition them out of homelessness. In February of 2012, Council approved a safe shelter pilot program at the Prado Day Center parking lot. The idea was to try a pilot program to be managed by Community Action Partnership of San Luis Obispo (CAPSLO) that would provide a safe place for those living in their vehicles to sleep provided they participate in case management and take an active role in working towards transitioning into permanent housing. The pilot program has operated at or near capacity and has been deemed a success. On October 2, 2012, the City Council directed staff to explore the development of an ordinance that would provide opportunities for safe parking and consider appropriate locations and management options. The City's role is to provide appropriate zoning regulations and opportunities to facilitate the development of these safe parking facilities. Our outreach effort provided a framework for communitywide outreach efforts to help guide the development of the ordinance. The primary goals of this outreach effort were to: Safe Parking Ordinance Outreach Summary Prepared by Flint Strategies Attachment 7 Actively engage the diverse populations of the City in the discussions about a Safe Parking Ordinance and how safe parking facilities should be operated, located and managed; Educate residents about the background and purpose of the Ordinance; and Ensure that all affected stakeholders including those representing homeowners, businesses, homeless individuals/families and social service/faith based organizations are actively involved in the process. Key Audiences The City identified several Key Audiences that were targeted as part of this outreach effort. Implementation of a Safe Parking Ordinance will likely come from non-profit and faith -based organizations and social service providers. These were all key audiences for this effort. We prepared comprehensive contact lists for all regional churches, non -profits and social services agencies that may have had an interest in providing services. We also worked closely with groups representing the interests of residents and businesses in the City including Residents for Quality Neighborhoods, San Luis Obispo Chamber of Commerce and the Downtown. Association. We also contacted agencies and individuals representing the interests of the City's homeless population. Our plan included outreach to this and other disadvantaged populations to ensure inclusion in the process. Finally, local news media provided a conduit to the community for information about local issues. Key Messages Key Messages guided the overall tone of this outreach effort and clarify the purpose of the Ordinance itself. Our Key Messages included: Safe Parking Ordinance Outreach Summary Prepared by Flint Strategies 2 Attachment 7 The development of a Safe Parking Ordinance, implements strategies contained in the Countywide 10-year Plan to end homelessness, Path to Home, to transition homeless individuals and families into permanent housing. The City's role is to provide appropriate zoning regulations and opportunities to facilitate the establishment of these facilities - not manage homeless services programs or properties directly. The City seeks to balance the concerns of residents and businesses with the need for homeless services for people who want to transition into permanent housing. The City is working collaboratively with social service providers, homeless advocates, law enforcement and other agencies to develop an Ordinance with the best chance of success based on research examining other programs. Strategies Strategies are general approaches to be used as part of the Communications Plan. Tactics, which will be discussed later in this document, were the specific actions we took to implement the Plan itself. Strategies for this project included: Leveraging existing and developing new relationships with non-profit organizations, social service agencies and faith -based organizations that serve homeless populations. Leveraging partnerships with local community groups with direct interaction with homeless, senior and youth populations that may take advantage of services. Developing a proactive media program to educate journalists about the purpose of the Ordinance. is Use electronic and social media to maximize engagement opportunities. Meetings with small groups of stakeholders representing Key Audiences. Safe Parking Ordinance Outreach Summary Prepared by Flint Strategies 3 Attachment 7 Focusing on solutions and strategies from municipal agencies, individuals and groups with proven success in similar programs. Tactics Online Survey The City conducted an online survey, which was completed by 347 people between October and December of 2012. Links were provided on the City's website and splash page and notifications were sent to approximately 5,000 residents, business owners and local organizations. The survey was also promoted via local news media with stories placed in The Tribune and New Times. The survey results indicated strong support for case management and drug and alcohol free clients. The complete results are attached for your reference. Workshops Two rounds of workshops were held; the first in the fall of 2012 and the second in the spring of 2013. The first round was focused on gathering community input on how safe parking facilities should be operated, located and managed. The second round provided an opportunity for the community to review public input received and how it was incorporated into the Draft Ordinance. The workshops were tailored to individual group needs to allow for broad input: General Public November 27, 2012 & April 15, 2013 Notification via news media, City website and eBlast to 5,000 residents. Each attended by 30-35 people. Safe Parking Ordinance Outreach Summary Prepared by Flint Strategies 4 Attachment 7 IM Faith -based Organizations November 28, 2012 & April 16, 2013 Invitations to all faith based organizations in the City of San Luis Obispo and the surrounding area. These workshops were structured as brown bag lunch/roundtable discussions. Social Service Providers November 28, 2012 & April 16, 2013 Invitations to CAPSLO and Prado Day Center Board Members and other regional social services providers. These workshops were structured as brown bag lunch/roundtable discussions. 11 Current and Potential Program Clients (Homeless Individuals) January 24 & April 16, 2013 This was a roundtable discussion at the Prado Day Center. (Clients participated without CAPSLO staff to ensure that their answers, comments and opinions would not be influenced by their case managers). Residents for Quality Neighborhoods February 20, 2013 & May 15, 2013 Presentation and discussion with the RQN Board members. An additional roundtable workshop was held in the fall of 2012, our consultant and staff met with more than a dozen individuals who identified themselves as unwilling to participate in the program due to the requirements for case management. Business Presentations Representatives from the San Luis Obispo Chamber of Commerce and the San Luis Obispo Downtown Association were contacted and asked to participate in this process. Both groups preferred to meet with staff once the Draft Ordinance was developed and provide comments at that point. Presentations for each Board and members were held as follows: San Luis Obispo Chamber of Commerce May 9, 2013 Safe Parking Ordinance Outreach Summary Prepared by Flint Strategies 5 Attachment 7 Downtown Association May 14, 2013 Outreach Results Public feedback and comments received from the workshops, meetings, other correspondence and online survey were compiled into three categories of program, location and operational. These categories were used throughout the public outreach process for consistency. The following is an overview of the public feedback and comments received for each category. Program Criteria Require individualized case management, Give preference to individuals with ties to community, Require background checks, and 11 Maintain drug & alcohol free environment. Individuals currently participating in the CAPSLO Safe Parking program were the most vocal in their support for the need for case management and an alcohol and drug free environment. Both were considered key to their ability to successfully transition into permanent housing. Location Criteria Require use permit to ensure compatibility, Buffer residential areas, Number of vehicles at each site should be compatible with surrounding, neighborhood density, Safe Parking Ordinance Outreach Summary Prepared by Flint Strategies 6 FUM . • IT i�iTWA 11 Separation between safe parking sites, and Locate sites near public transit. Members of the public and Residents for Quality neighborhoods expressed interest in establishing buffers between existing and proposed sites, and residential uses. There were also concerns expressed regarding how wide the City's notification should be when considering a proposed site as part of the Planning Commission review. Operational Criteria Facilities managed by social service providers, Require restroom and trash facilities, Allow site flexibility (hours, number of vehicles, buffers), Of Develop mechanism to respond to complaints (noise, trash, etc.), Require monitoring and oversight (camera feeds, on -site presence, etc.), and Ensure appropriate lighting. Safe Parking Ordinance Outreach Summary Prepared by Flint Strategies 7 Attachment 7 Appendix Safe Parking Survey Analysis Report Safe Parking Ordinance Outreach Summary Prepared by Flint Strategies Attachment 7 L® Safe Shelter Survey ",,tea. „ $' �,s `= °"' p n i9 v answered question 346 skipped question 1 2. Should proof of community ties (family, previous residency etc.) be a requirement for participants? Response Response Percent count Yes , 29.6% 102 No, but those with ties should r ..�_ 53.3°la 184 be given priority or preference N o _ `: : 17.1 % 59 Other (please specify) 18 answered question 345 skipped question 2 Other (please specify) 33 ....... answered question 339 skipped question 6 4, Should the Police Department conduct background checks to verify participant eligibility? Response Response Percent Count Yes 37.4% 129 Yes, on a case by case basis 48.4% 167 No 14.2% 49 answered question 345 skipped question 2 At a church or non-profit facHity p � r�"k4pbila;''.I ., .:P �ErtE �.:d3ti ItI R.,€Hip ( €?k...E f 7�.� ®A® ��3 oe Bn a non-resldentW area In business/industrial areas �,. � 49.8% 155 In government and public facility 62.1 °1° 193 areas Other (please specify) 67 answered question M skipped questaora 36 5. What is your opinion of , _, Programs and what are yoideas and/ry, € J am a student at Cal Poly „a;; 5.3% 18 answered questiena 342 skipped question 5 Bo Please indicate your age. Response Response Percent Count 18-25 8.7% 30 26-45 34.4% 1119 46-65 37.3% 129 65+,Ex, .; 19.7% 68 answered question 346 skipped question 1 skipped quesVon 6 Response Response Percent Cunt Employed 67.7% 235 Retired 22.2% 77 Student 4.9% 17 Currently not working 5.2% 18 answered question 347 skipped questlon 0 Attachment 8 995 Monterey `vt'eet Sm Luis Odspo, CA 93,40 -*2 Ert itia K,,dn'�. Pre<Aen CE=S June 3, 2013 City Council City of San Luis Obispo 990 Palm St. San Luis Obispo, CA 93401 Subject: City of San Luis Obispo Safe Parking Program Dear City Council Members, The San Luis Obispo Chamber of Commerce wishes to state its support for the continued development of the City's draft Safe Parking Program ordinance. We are pleased to hear that the current pilot program has demonstrated success in providing homeless individuals and families that have vehicles a regulated place to temporarily park overnight, and that some participants have moved into more permanent housing. The Chamber is in favor of key principles outlined in the draft Safe Parking Program ordinance, including requi.renients of client case management, background checks, an alcohol and drug -free envixonanent and a preference for prioritizing local residents for admittance into the program, The Chamber also recommends that time limits for participation be considered as an important requirement of the program. We recognize that the Safe Parking Program is just one of the tools that the City has identified to help transition individuals and families into permanent housing and we encourage further development of the program. We do urge that any proposed expansion of the program from Prado Day Center to new sites be carefully considered and occur with surrounding neighborhood input, Thank you for your consideration. Sincerely, Charlene Rosales Director of Governmental Affairs Cc: Derek Johnson, Community Development Director Tyler Corey, Housing Programs Manager Greg Zocher, Human Resources Manager Attachment 9 city of san Luis osIspo INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM For ER # 45-13 1. Project Title: Safe Parking Ordinance; File # ER 45-13 2, Lead Agency Name and Address: City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401 3. Contact Person and Phone Number: Rachel Cohen, Planning Intern (805) 781-7169 4. Project Location: Citywide, City of San Luis Obispo 5. Project Sponsor's Name and Address: City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401 6. General Plan Designation: N/A 7. Zoning: N/A S. Description of the Project. (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary.) In recent years, RVs and automobiles have increasingly emerged as a form of shelter for persons unable to obtain transitional or permanent housing and are seeking to escape the elements. Some people have found themselves in this position because of the economy, the scarcity of transitional and affordable housing, and/or limited shelter beds. Strained social service resources make it increasingly difficult to assist people who find themselves without homes and shelter. As health and safety issues have occurred, interest has grown in a safe parking program that could help mitigate the impacts of people living in vehicles on City streets by providing a safe place to park and access to case management with the goal of eventual transition to permanent housing. The Safe Parking Ordinance provides homeless individuals and families with vehicles a place to temporarily park overnight in order to facilitate the transition to permanent housing. The intent of the ordinance is to allow safe parking facilities in certain zoning districts subject to specific performance standards and permit requirements. These standards and requirements are intended to ensure that safe parking facilities will be compatible with surrounding uses and effective at facilitating participants' transition to permanent housing. No new construction is anticipated as a result of the ordinance. The ordinance is consistent with the San Luis Obispo Countywide 10- Year Plan to End Homelessness (10-Year Plan) and strategies to coordinate homeless services and address housing and service needs. A copy of the ordinance and related text amendments are included as Attachment 1. 9. Surrounding Land Uses and Settings (Briefly describe the project's surroundings): Citywide 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): None CITY OF SAN LUIS CBISPO 2 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Greenhouse Gas Emissions Population / Housing Agriculture Resources Hazards & Hazardous Materials Public Services Air Quality Hydrology / Water Quality Recreation Biological Resources Land Use / Planning Transportation / Traffic Cultural Resources Mineral Resources Utilities / Service Systems Geology / Soils Noise Mandatory Findings of Significance FISH AND GAME FEES The Department of Fish and Wildlife has reviewed the CEQA document and written no effect X determination request and has determined that the project will not have a potential effect on fish, wildlife, or habitat see attached determination). The project has potential to impact fish and wildlife resources and shall be subject to the payment of Fish and Wildlife fees pursuant to Section 711.4 of the California Fish and Wildlife Code. This initial study has been circulated to the California Department of Fish and Wildlife for review and comment. STATE CLEARINGHOUSE This environmental document must be submitted to the State Clearinghouse for review by one or more State agencies (e.g. Cal Trans, California Department of Fish and Game, Department of Housing and Community Development). The public review period shall not be less than 30 days (CEQA Guidelines 15073(a)). CITY OF SAN LUIS OBISPO 3 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 DETERMINATION �To be completed by the Lead Agency): On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and X a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made, by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant" impact(s) or "potentially significant unless mitigated" impact(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (2) have been avoided or mitigated pursuant to that earlier EIR of NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. h, bm Signature , 0 Printed Name .5 / zg / Date Kim Murry _ Deputy Community Development Director CITY OF SAN LUIS OBISPO INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 19, "Earlier Analysis," as described in (5) below, may be cross- referenced). Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier FIR or negative declaration (Section 15063 (c) (3) (D)). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they addressed site -specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. CITY OF SAN LUIS OBISPO 5 INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significancc issues, Discussion and Supporling lnforrnat0on Source-s Sources Nientially Less Than Less Than 1v10 Significant Significant Significant hupact ER ff 4 1 3 Issues with Impact Mitigation Urcorporated I, AESTHETICS. Would the vroiecte -- - I 0 In Evaluation a)b) The project would not impact scenic vistas or damage scenic resources as the project would use existing improved parking lots. c)d) The project would allow vehicles to park in existing, improved parking lots for extended hours as permitted by the ordinance. The ordinance would require that safe parking facilities receive approval of a use permit to ensure compatibility with surrounding uses and that specific performance standards are adequately met Potential impacts related to aesthetics and views would be addressed through the use permit review process. Any additional required lighting would be subject to the City's Night Sky Ordinance, which includes operational and development standards that mitigate light or glare impacts to a less than significant level. I Conclusion: Less than significant impact. 1 2, AGRICULTURE RESOURCES. Would the nroiecta _.... � 1,2 0 M M Evaluation a)b)c) No impacts to agricultural resources would occur as no specific site is under consideration. Safe Parking facilities would be located in urban areas within existing improved parking lots. Conclusion: No ina act. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air duality management or air pollution control district may be relied upon to make the following determinations. Would the project. 1,9,10 1 1 1 1 x ai x M X CITY OF SAN Lws OBispo 7 BNI E I AL STUDY F-NQd9RONMEP+ TAL CHECKLOsT 2010 Issues, Discussion and Supporting hformation Sources ! Souroes PotesAially Less Than Less Than No Significant Significant Significant hupact �5 iSSlles Vvith Impact Mitigation Mcorporated CITY OF SAN Luis Oeispo WTIAL STUDY ENVIRONMENTAL CHECKLIST 201 Issues, Discussion and Supporting information Sources Sources Potentially tess"Tinaii Less Than hVo Significant Significant Sigiuficant unl act �� �� 13 issues with hnpact Mitigation tricorporated X, 0 k1l Evaluation a) San Luis Obispo County, including the City of San Luis Obispo, is located within the Coast Range Geomorphic Province, which extends along the coastline from central California into Oregon. This region is characterized by extensive folding, faulting, and fracturing of variable intensity. In general, the folds and faults of this province comprise the pronounced northwest trending ridge -valley system of the central and northern coast of California. Under the Alquist-Priolo Special Studies Zone Act, the State Geologist is required to delineate appropriately wide special studies zones to encompass all potentially and recently -active fault traces deemed sufficiently active and well-defined as to constitute a potential hazard to structures from surface faulting or fault creep. In San Luis Obispo County, the special Studies Zone includes the San Andreas and Los Osos faults. The edge of this study area extends to the westerly city limit line, near Los Osos Valley Road. According to a recently conducted geology study, the closest mapped active fault is the Los Osos Fault, which runs in a northwest direction and is about one mile from the City's westerly boundary. Because portions of this fault have displaced sediments within a geologically recent time (the last 10,000 years), portions of the Los Osos fault are considered "active". Other active faults in the region include: the San Andreas, located about 30 miles to the northeast, the Nacimiento, located approximately 12 miles to the northeast, and the San Simeon-Hosgri fault zone; located approximately 12 miles to the west. b)c)d)e) The project would not expose people or structures to geologic hazards as Safe Parking facilities would be located within existing improved parking lot areas. Less than 8. HAZARDS AND HAZARDOUS MATERIALS. Would the prooect: a) Create a signnfioant.hazard lQ the pubinc or`tihe envirazammwnf 340 X 3; through the routine transtivr„ use, or disposal of haardousi 11 X a X 0064 CITE" OF SAN Luis OBISPO NMAL STUDY ENVIRONMENTAL CHECKLIST 20i10. Issues, Discussion and Supporting �nf crmation Sowces Sources Potentially i.ess "Iron Less Than No Signficant Significant Significant Impact ER 9 �F� ,� Issues with Impact Mitigation lsacospos aied QTY OF SAN Luis Oisispo 16 kTIAL STUDY ENVI ONMEIi4TAL CHECKLIST 2010 9ssues, Discussion and Supporting �nferrnation Sources Sources Potentially ]Less Than Less Than No Significant significant Significant Rupact ER -� 3 issues 'Nith hupact Mitigation incoi orated Evaluation a)b)c)d)e)g)h)j) No impacts to water resources will occur as the project does not involve ruadifacalions to the City's policies on water and drainage and no specific site is under consideration. In addition safe parking facilities are required to provide access to restroom and trash facilities during hours of operation. f) The Safe Parking ordinance requires participant vehicles to be registered and prohibits vehicles that leak excessive fluids G,e. gasoline, transmission or radiator fluid, or engine oil). i) Improved parking areas exist within flood zones that could be considered for Safe Parking, The ordinance requires that applicants submit a use permit which would -evaluate the proposed site's suitability and identify potential health and safety concerns of the site prior to issuing a permit. Conclusion: Less than significant impact. 10. LAND USE AND PLANNING. Would the proiecte 1-7 Evaluation 0 a)b)c) The Safe Parking Ordinance is consistent with the 10-Year Plan and the City's General Plan housing Element, which contains policies and programs that support housing and service agencies whose mission it is to develop programs for the City's homeless population. No land use and planning impacts would occur as no specific site is under consideration. Safe Parking facilities would be located within existing improved parking lot areas. Conclusion: No Impact. 11. IN1INERAL RESOURCES. Would the project: I 11 r Evaluation a)b)c) No impacts to mineral resources would occur as the project does not involve modifications to the City's policies on mineral resources and no specific site is under consideration. Safe Parking facilities would be located within existing improved parking lot areas. Conclusions No impact. 12. NOISE. Would the project result in. 7 X X X X QTY GE SAN Luis CiQ9Si:,o i I hFA a AL -STUDY ENVIRONMENTAL GHECKLB T 2DI0 Issues, Discussion and Supporting �nforma-tion Sources Sources boteii6ally 1LessThau. Less`llim No Sig iificant Siguiflomt Significant Iriipact �� ��_� Issues with hupact Mitigation Incorporated v YL a Evaluation a) b)c)d)e)fl Safe Parking facilities are subject to the City's Noise Ordinance and must comply with established thresholds. In addition, the Safe Parking ordinance requires the applicant submit a neighborhood relations plan, monitoring and oversight plan as well as meet specific performance standards to ensure Safe Parking facilities operate in compliance with City ordinances and are compatible with surrounding uses. Implementation of the Safe Parking Ordinance would not conflict with the City's Noise Element or Noise Ordinance as no specific site is under consideration. Safe Parking facilities would be located within existing improved parking lots. Conclusion: Less than significant impact. 13. POPUL,AT'ION AND HOUSING. Would the proiect: 2,6 X X M Evaluation a)b)c) No impacts to population and housing would occur as the project does not involve modifications to the City's policies on residential densities. Conclusion: No Impact 14. PUBL,IC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response tinges or other performance objectives for any of the public services: Evaluation a)b)c)d)e)f) No new construction is anticipated as a result of the Safe Parking ordinance. Safe Parking facilities would be located within existing improved parking lots. Health; safety- and welfare factors will be evaluated through the use pen -nit review process on a case -by -case basis. Conclusion: No Imp, 15. RECREAT'ION. X Grry op SAN Luis Oadspo 12 MEAL STUDY �NVIROMMENTAL CHECKLIST 2010 issues, Discussion and Supporting Wormation Sources Sources Potentially Uss Than i,essThan No Significant Significant Significant Lnpact �� �� -13 tssness with Innpact Mitigation Incorporated CITY OF SAN Luis Cswc 13 GNISIAL STUDY ENVIRONMENTAL CHEC°KLiS T 2010 issues, Discussion and Supporting, h-ifoVf ation Sources Sources Potentially Less Than rsss Tlxan 1d0 Significant Significant Signifficani linpact �� �� -13 Issues with Lnpact Mitigation Hacoa orated 19, EARLIER ANALYSES, N/A N/A N/A Q Y of Stars Luis Omspo 14 Arai T IAL S d Uuy ENviRoNMENTAL GHECKLls o- 201 Issues, Discussion and Supporting Information Sources Sources Potentially Less Than Less Than No Significant Significant Significant impact ER # 45-13 Issues with Impact Mitigation Incorporated 20. SOURCE REFERENCES. 1. City of SLO General Plan Conservation and Open Space Element, April 2006 2. Oy of SLO General Plan Land Use Element, June 2010 3. City of SLO General Plan Safe Element, March 2012 4. City of San Luis Obispo Water and Wastewater Management Element, July 2010 5. City of San Luis Obispo Circulation Element, Aril 2006 6. City of San Luis Obispo Housing Element, April 2010 7. City of San Luis Obispo Noise Element and Noise Guidebook, May 1996 8. City of San Luis Obispo Parks and Recreation Element, Aril 2001 9. City of San Luis Obispo Zoning Regulations, August 2012 10. CEQA Air Quality Handbook, Air Pollution Control District, April 2012 11. 1 City of San Luis Obispo Land Use Inventory and Geographic Information S stem, current database Attachments: Draft Safe Parking Ordinance CITY OF SAN Luis Owspo Is INITIAL STUDY ENVIRONMENTAL CHECKLIST 2010 17.08.115 Safe Parking. A. Purpose and Intent. Safe parking provides homeless individuals and families with vehicles a safe place to temporarily park overnight in order to facilitate the transition to„permanent housing. The provisions set forth in this Section enable safe parking in certain zoning districts in the city subject to specific performance standards and permit requirements. These standards and requirements are intended to ensure that safe parking facilities will be compatible with surrounding uses and effective at facilitating_ participants' transition to permanent housing. B. Definitions. 1. Safe Parking. A parking program, operated on private property and managed by a social service provider, that provides individuals and families with vehicles a safe place to park overnight while working towards a transition to permanent housing. 2. Social Service Provider. An agency or organization licensed or supervised by any federal, state or local healthtwelfare agency that participates in the federal Homeless Management Information Systems MISLand has demonstrated experience with the homeless population by assisting individuals and families achieve economic self-sufficiency and self-determination through a comprehensive array of programs and actions. 3. Case Management. A system for arranging and coordinating -care and services whereby a case manager assesses the needs of the client and client's _f_a_m_ ily and arranges, coordinates, monitors, and advocates for services to me h en et the client's needs. 4. Self -Sufficiency Program. A program designed, to„assist „individuals and families in meeting their basic needs and address any substance dependency and mental health issues so that they do not need to rely on emergency public or private assistance. 5. Backgroundeck. A criminal records checkfrom a variety of public sources that would „ provide information regarding an individual's possible criminal history. C. Permit Required. 1. Planning Commission Use Permit Required. The establishment of a safe parking use shall require Planning Commission Use Permit approval where allowed consistent with Table 9. D.Application Requirements. Whenever a social service provider submits a Planning Commission Use Permit_ application for consideration as a part of said application sufficient information shall be submitted to the Community Development Department to determine whether the proposed safe parking facility complies with the provisions of this Section. In addition to the required Planninq Commission application checklist items, the application shall include the following: 1. Site _plan indicating the location of trash and recycling facilities, restroom facilities, exterior light fixtures, location and distances to residential properties, public transportation, and location of desianated overnight parking spaces. 2. Hours of operation. 3. Monitoring and oversight program. 4. Neighborhood relations plan. 5. Sufficient information to_determine _that the applicant is a social service provider that is _qualified to operate a safe parking program. 6. Any other information the Community Development Director may determine is necessary to ensure compliance with the provisions of this Section. E. Performance Standards. 1. Social Service Provider. Safe parking facilities shall be managed by a qualified social service provider, subject to the approval of the Community Development Director. 2. Case Management. Participants must be paired with a case manager and enrolled in a self- sufficiency program to facilitate the transition to permanent housing 3. Background Check. Prospective participants shall submit to a criminal histo back round check. Participant exclusion shall be determined by the social service provider on a case-bv- case basis. 4. Restroom and Trash Facilities. Restroom and trash facilities shall be provided, maintained and accessible to participants durinq safe parking facility hours. 5. Residency Preference. Social service provider shall give preference to those with proof of residency in San Luis Obispo County for a minimum period of six months within the last two years. Evidence of residency may include, but not limited to, items such as rental agreements, mortgage, utility, hotel and medical facility bills, paystubsand intake from homeless service programs. 6. Buffer from Residential Use. Participant vehicles shall maintain a minimum buffer of 50 feet from any property that contains a residential use. Buffers greater than 50 feet_ maybe necessary for neighborhood compatibility, which will be determined on a case -by -case basis as part of the Use Permit review.process. 7. Authorized Vehicles Only. Social service provider shall ensure that only vehicles_ registered _ In the program a _ _ re parked overnight during program hours. A parking permit shall be , provided to all participants to be displayed in vehicle windows in a form to be approved_ by the Public Works Director. 8. Participant Information. At all times the social service provider shall maintain a roster of the names and vehicle license numbers of each participant who is authorized to park overnight. 9. Written Agreement with Participants. Only participants who have entered into a written agreement with a social service provider shall be allowed to use parking spaces overnight. The written agreement between the social service provider and participant_ must include, but not limited to, the following terms and conditions: a. Only one vehicle is allowed per participant. b. At least one participant per vehicle shall possess a current driver's license, vehicle registration, and insurance for the vehicle that will be parked overnight- Social service provider shall keep a copy of all three on record. c. Vehicles may only be occupied by participants and approved registered household members. Guests shall not be allowed. d. Participants shall not use or possess any drugs or alcohol either on their person or in their vehicle. e. Participants shall not use or possess any weapons or firearms of any kind in program vehicles. f. No fires of any kind shall be permitted. g. No music may be played that is audible outside participants' vehicles. h. No cooking or food preparation shall be performed outside of the participants' vehicles. Cooking inside vehicles is prohibited unless the vehicle was manufactured with cooking appliances. i. Camping tarps or equipment beyond the participant's vehicle are prohibited. j. Participants shall maintain control of dogs. Pets shall be kept on a leash at all times and animal waste shall be picked up immediately and disposed of properly. k. Participants shall not dump sewage or other waste fluids or solids, deposit human excreta outside a vehicle, or park vehicles that leak excessive fluids (i.e. gasoline, transmission or radiator fluid, or engine oil). F. Use Permit Considerations. Items to be determined by the Planning Commission as part of the Use Permit review process on a case-b -case basis shall include but not limited to the following: 1. Number of Vehicles Allowed. The total number of vehicles allowed at each safe parking facility location. 2. Hours of Operation. The dated hours of safe parkinq facility operation. 3. Separation between Facilities. Sufficient distance between existing and proposed safe parking facilities. 4. Neighborhood Relations Plan. A neighborhood relations plan shall be provided for each safe parking facility location to address any complaints in a timely manner. 5. MonitoringLand Oversight. Monitoring and oversight shall be provided during safe parking facility hours. G. Revocation of a Permit. The Use Permit shall be reviewed by the Planning Commission. if the City receives substantiated written complaints from any citizen Code Enforcement Officer, or Police Department Officer, which includes information and/or evidence supporting a conclusion that a violation of the Use Permit, or of City ordinances or regulations applicable to the property or operation of the facility, has occurred. At the time of Use Permit review, to ensure on -going compatibility with surrounding uses conditions of approval may be added deleted modified or the Use Permit may be revoked. 17.16.015 Recreational vehicle as dwelling unit. No recreational vehicle, camper shell, automobile or similar device shall be used for living or sleeping quarters on private property, except in a lawfully operated mobile home park, travel trailer park, of campground, or safe parking facility, except as provided in Section 17.08.010(C)(4) et seq. Within city streets, areas of the public right-of-way, and city -owned parking areas, parking of vehicles for purposes of overnight camping or sleeping is prohibited by and shall be subject to enforcement in accordance with Chapter 10.34. (Ord. 1584 § 3, 2012: Ord. 1484 § 14, 2005: Ord. 1277 § 5, 1995). Chapter 17.100: Definitions Safe Parking. A parking program, operated on private „property and. managed by a social service provider, that provides individuals and families with vehicles a safe place to park overnight while working towards a transition to permanent housing. Notes to Table 9: 13. Safe Parking. Safe parking is only allowed in the R-1, R-2, R-3 and R-4 zones when accessory to a public assembly use, such as a club, lodge, private meeting hall or religious facility. Safe parking is prohibited as a rima use in the R-1 R-2 R-3 or R-4 zones and in all applicable zoning districts on Properties that contain residential uses as the primary use. fCBRUARY 2012 TABLE 9 - USES ALLOWED BY ZONE Clay Of SAn leis OBISPO zoninG RequlAtlons I and Use Permit Requlreme�t by Zottgn� District speeifc use Regulations AO: C1DS R1 R2 Rd Rd Pp­.O i) G•N C G G-q- C R G-i C-S la pP AGRICULTURE Crop production and grazing A A A A D D Greenhouse, commercial PC PC Livestock feed lot PC PC INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING Bakery, wholesale A A PC Furniture and fixtures manufacturing, cabinet shop _ D A Industrial research and development _ PC D D Laboratory - Medical, analytical, research, testing PC A A A A Laundry, dry cleaning plant A A Manufacturing - Heavy W PC PC Manufacturing - Light _ D A A Petroleum product storage and distribution D Photo and film processing lab A A Printing and publishing A A A Recycling facilities - Collection and processing facility D Recycling facilities - Scrap and dismantling yard D Recycling facilities - Small collection facility _ D D D A Storage - Personal storage facility A_ A Storage yard D A Warehousing, indoor storage A A PC Wholesaling and distribution A A PC LODGING Bed and breakfast inn D PC PC A A A agkTarkinq a 13 1­0... Pof 13 e 13 PC; PG PC P9- PC PG PC PC PC 17.08,f15 Homeless shelter PC PC A PC PC PC PC PC PC PC PC 17.08.110 Hostel _ PC PC A A A Hotel, motel A A A PC Recreational vehicle (RV) park accessory to hotel, motel L�� PC Vacation RentalI I 17 22 G Key: A = Allowed D = Directors Use Permit approval required PC = Planning Commission Use Permit approval required AID = Director's approval on ground floor, allowed on second floor or above Note: Footnotes affecting specific land uses follow the table. paGE 83 Attachment 10 RESOLUTION NO. XXXX-13 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND AMENDMENTS TO TITLE 17 (ZONING REGULATIONS — SAFE PARKING ORDINANCE) OF THE MUNICIPAL CODE (GPI/ER 4543) WHEREAS, the Human Relations Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 5, 2013, and recommended approval of the Negative Declaration of Environmental Impact and amendments to Title 17 (Zoning Regulations — Safe Parking Ordinance) of the Municipal Code; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 26, 2013, for the purpose of considering the Negative Declaration of Environmental Impact and amendments to Title 17 (Zoning Regulations — Safe Parking Ordinance) of the Municipal Code; and WHEREAS, staff facilitated 12 workshops and meetings with the general public, faith -based organizations, social service providers, homeless individuals, Residents for Quality Neighborhoods, San Luis Obispo Chamber of Commerce and San Luis Obispo Downtown Association to gather community input on how safe parking facilities should be operated, located and managed; and WHEREAS, said public hearing was for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the Planning Commission has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Commission makes the following findings: 1. There is a growing community need for programs providing safe accommodations for individuals and families utilizing vehicles for temporary shelter in order to facilitate the transition to permanent housing. 2. A safe parking ordinance will advance a key component of the goal to provide a form of transitional housing consistent with the San Luis Obispo Countywide 10-year Plan to End Homelessness. Planning Commission Resolution No. (2013 Series) GPI/ER 45-13 Safe Parking Ordinance Page 2 Attachment 10 3. A safe parking ordinance will further the City's 2013-15 Financial Plan Major City Goal: "Implement Comprehensive Strategies to Address Homelessness". Section 2. Environmental. The Planning Commission does hereby recommend the City Council adopt a Negative Declaration of Environmental Impact. Secion 3. Recommendation. The Planning Commission does hereby recommend the City Council adopt the proposed amendments to Title 17 (Zoning Regulations — Safe Parking Ordinance) of the Municipal Code, included as Exhibit A. On motion of , seconded by , and on the following roll call vote: AYES: NOES: REFRAIN: ABSENT: The foregoing resolution was passed and adopted this 261h day of June, 2013. Doug Davidson, Secretary Planning Commission by: DRAFT SAN LUIS OBISPO PLANNING COMMISSION MINUTES June 13, 2013 CALL TO ORDERIPLEDGE OF ALLEGIANCE ROLL CALL: Commissioners John Fowler, Michael Multari, John Larson, Airlin Singewald, Charles Stevenson, Vice -Chairperson Eric Meyer, and Chairperson Michael Draze Absent: None Staff: Deputy Community Development Director Doug Davidson, Planning Technician Liz Brighton, Assistant City Attorney Andrea Visveshwara, and Recording Dawn Rudder ACCEPTANCE OF THE AGENDA: The agenda was accepted as presented. MINUTES: Minutes of May 8, 2013, were approved as presented. Minutes of May 22, 2013, were approved as presented. PUBLIC COMMENTS ON NON -AGENDA ITEMS: There were no comments made from the public. PUBLIC HEARINGS: 1. 1335 Foothill Boulevard. U 47-10: Request to allow Phi Kappa Psi Fraternity (eight occupants) and exceptions to parking and driveway standards in the R-4 High -Density Residential zone; 1335 Foothill LLC, applicant. (Liz Brighton) Liz Brighton, Planning Technician, presented the staff report, recommending adoption of the resolution recommending approval of the Use Permit, based on findings and subject to conditions and code requirements which she outlined. Doug Davidson added that staff is recommending modifications to four conditions for clarification. Commr. Fowler questioned if staff had any information on the four police calls for service at the subject property during 2010-2013. Ms. Brighton stated two or three of the calls were noise complaints. Vice -Chair Meyer questioned condition #12 the word "complaints." Doug Davidson stated the City will investigate even one complaint. Commr. Larson questioned the years of 2007-2010, when there were 29 police calls, if this is the same fraternity at this location. Ms. Brighton indicated this was the fraternity at this same location. Draft Planning Commission Minutes June 13, 2013 Page 2 Carol Florence, applicant's representative, stated the fraternity brothers from 2007-2010 are not the same brothers living there now. She asked for support of the Use Permit. Brian Van Vleet, President of Phi Kappa Psi, gave an idea of the fraternity in general and their standing on campus. He stated that the property will be used for their administrative headquarters. Alex Larson, member of fraternity, stated the fraternity brothers are dedicated to serving others and volunteering. He stated that, administratively, the property will serve as a meeting place to plan events and volunteering opportunities. Jad Adaimi, member of fraternity, read letter from another member in regard to the fraternity's community service involvement. He also stated that the philanthropic involvement exceeds campus requirements. Nolan Frost, member of fraternity, read a speech by Mark Sower which spoke of bonding, learning, and homecoming. PUBLIC COMMENTS: George Rosenberger, San Luis Obispo, Cal Poly and Phi Kappa Psi alumnus, is in support of the use permit for the residence for Phi Kappa Psi, Ken Barclay, San Luis Obispo, spoke as the former Director of Student Life and Leadership at Cal Poly for 32 years, assured the Commission that this fraternity has an active alumni. Mr. Barclay further stated that he did have any major issues with the subject fraternity in his tenure. Chairperson Draze expressed that an active alumni will help monitor ongoing situations. Virginia Kennedy, San Luis Obispo, stated this fraternity was about community service. She stated that she is in support of the fraternity residence. Dennis Javens, San Luis Obispo, Cal Poly and Phi Kappa Psi alumnus, stated he is impressed with these men of the fraternity. He encouraged the Commission to approve the fraternity residents. Jad Adaimi stated, since 2010, the fraternity has been equipped with a committee of advisors if they need any help. He also stated that the quality of brothers they look for is very high. There were no further comments made from the public. COMMISSION COMMENTS: Commr. Fowler questioned if there was an outreach to other neighbors. Draft Planning Commission Minutes June 13, 2013 Page 3 Vice -Chair Meyer was impressed that there were no negative comments made by the public. He stated that he would like to see the yard kept clean. Commr. Stevenson is impressed with work they do. He encouraged they adhere to the tandem parking and not park on the street. He is supportive of the project. Commr. Fowler is in support of the project. He stated he was impressed by the alumni support and charity work. Chairperson Draze indicated parking and the progress on lawn improvements will be evaluated next year. Commr. Singewald is concerned with the tandem parking. Vice -Chair Meyer questioned how many meetings were held per month, if 17 people are allowed, and if meetings could be limited to 10 p.m. Brian Van Vleet stated the capacity requirement is necessary during the week, and it will be a common meeting place for administrative affairs. Chairperson Draze asked how many meetings were done after 10 p.m. Brian Van Vleet stated that, due to some students' schedules, it is common that they meet after 10 p.m. Commr. Multari is also concerned with meetings after 10 p.m. and parking impacts to the neighborhood. Chairperson Draze supported all comments made. Vice -Chair Meyer pointed out that condition #12 should have "Cal Poly employee" added to verbiage. Commr. Singewald does not believe the findings substantiate the parking concerns. Doug Davidson stated that staff has also struggled with the parking issue, and the one- year review was conditioned purposely to see how the parking works. Commr. Multari suggested modifications to condition #5 and condition #8 There were no further comments made from the Commission, n motion by Commr. Multari, sec onded by ,Commr. Fowler, to approve the use permit drafted by staff with modifications to condition #5, #6, #8, #12, and #13. AYES: Commrs. Fowler, Singewald, Multari, Stevenson, Larson, Meyer, and Draze NOES: None RECUSED: None ABSENT: None Draft Planning Commission Minutes June 13, 2013 Page 4 The motion passed on a 7:0 vote. COMMENT AND DISCUSSION: 2. Staff a. Agenda Forecast Doug Davidson presented the agenda forecast for upcoming meetings. 3. Commission ADJOURNMENT: The meeting was adjourned at 7:42 p.m. Respectfully submitted by, Dawn Rudder Recording Secretary