HomeMy WebLinkAboutItem 6e - Adoption of Ordinance No. 1696 Amending Chapter 12.04 and 12.20 to Clarify that Tents are Prohibited in City Parks Item 6e
Department: Community Services
Cost Center: 1009
For Agenda of: 5/4/2022
Placement: Consent
Estimated Time: N/A
FROM: Shelly Stanwyck, Assistant City Manager
Prepared By: Greg Avakian, Parks and Recreation Director
Matt Horn, Public Works Director
Brendan Pringle, Administrative Analyst
SUBJECT: ADOPTION OF ORDINANCE NO. 1696 (2021 SERIES) AMENDING
CHAPTER 12.04 (ENCROACHMENTS AND EXCAVATIONS) AND 12.20
(PARK REGULATIONS) OF THE SAN LUIS OBISPO MUNICIPAL CODE
TO CLARIFY THAT TENTS AND SIMILAR STRUCTURES ARE
PROHIBITED ENCROACHMENTS IN CITY PARKS
RECOMMENDATION
Adopt Ordinance No. 1696 (2021 Series) entitled, “An Ordinance of the City Council of
the City of San Luis Obispo, California, amending Chapter 12.04 and Chapter 12.20 of
the San Luis Obispo Municipal Code to clarify expressly that tents and similar structures
are prohibited encroachments in public parks.”
DISCUSSION
Background
On April 13, 2021, two ordinances were introduced to the City Council – the first was
related to the unauthorized removal of shopping carts from business premises and the
second to clarify language about tents and similar structures that are prohibited
encroachments in City parks. The Council discussed both recommendations at length
and made modifications to the shopping cart ordinance. There were no changes to the
ordinance related to tents, which was clarification of the City’s current practices consistent
with existing municipal codes.
On May 4, 2021, the Council had on its Agenda a second reading of both ordinance
amendments. On May 3, staff and Council received a demand letter on behalf of
unhoused clients from California Rural Legal Assistance, the Public Interest Law Project,
and attorney Babak Naficy, which threatened litigation against the City related to the
adoption of the ordinance amendments. On May 4, prior to the City Council meeting, the
City Attorney’s office recommended that the Council continue the final adoption of both
ordinance amendments to a date uncertain, in order to consider the concerns raised and
determine whether any modifications to the proposed ordinance were advised.
Page 255 of 395
Item 6e
In June 2021, the City participated in a mediation with CRLA and PILP facilitated by local
mediator Scott Radovich, regarding a broader scope of concerns raised by CRLA related,
not only to the proposed ordinances, but also to the City’s enforcement of its existing time,
place, and manner regulation of its public spaces. Ultimately, the parties were not able
to reach agreement as to the permissible scope of regulation and use of public spaces
and CRLA, PILP and Naficy filed litigation in United States District Court alleging the City’s
enforcement of its ordinances regulating public spaces violate the constitution and the
Americans with Disabilities Act, and seeking to prohibit the City from enforcement. The
lawsuit remains pending because the parties fundamentally disagree on the requirements
of the law. CRLA asserts that the City should be prohibited from enforcing its restrictions
on camping in designated public spaces, including parks, until such time as the City can
demonstrate it has a sufficient number of beds/housing units to accommodate the total
number of people experiencing homelessness in the City, wheth er or not all of those
individuals are willing to access available shelter. The City asserts that it can continue to
enforce its reasonable time, place and manner restrictions on uses and hours of regulated
public spaces, so long as there are reasonable alternatives available to individuals
camping or living in those areas.
The ordinance proposed here clarifies the City’s prohibitions on being in parks after hours
and makes explicit that the City’s prohibitions on erecting structures in public spaces
without an encroachment permit apply in the City’s parks.
Summary of Ordinance 1696 (2021 Series)
The ordinance amends Chapter 12.04 and 12.20 (Attachment A) of the City’s Municipal
Code to expressly clarify that tents and similar structures are prohibited encroachments
in City parks. The purpose of the ordinance is to support the safe, lawful, and pea ceful
use of the City’s parks by all community members consistent with the intended uses and
aesthetic qualities. Tents and similar encroachments create a visual blight, impede the
use and access to this public space for others, and increases unsanitary co nditions in
and around the vicinity. Such structures also conceal potential unlawful activities from
public view including, but not limited to, drug use, alcohol consumption, and sexual
activities not compatible with shared public spaces, which resulted in increased adverse
or aggressive behavior in the parks, or visually, verbally, or physically threatening
interactions among members of the public seeking to utilize the public parks , including in
areas designed primarily for use by children. The ordinance includes a specific definition
for tents, which includes any enclosed temporary physical structure that obstructs
activities within the structure from public view, excluding shade canopies and covers that
are open on all sides. The ordinance also provides that “Tent” shall not include blankets,
towels, mats, portable lawn chairs, unenclosed shade structures not affixed to public
property, or similar items for temporary use in conjunction with otherwise lawful park use
during normal hours of opening to the public. Tents erected by express permission of the
Parks and Recreation Director in connection with a valid event permit are exempted for
such period as the event is permitted.
Page 256 of 395
Item 6e
Codification of Existing Rules is Necessary
Staff is presenting this to Council for a second reading to provide for a codified clarification
and transparency regarding existing rules related to tents and other structures and objects
erected in parks. The sustained presence of tents and enclosed structures has caused
concern for staff and community members who have experienced unsafe and
inaccessible conditions relating to activities being conducted in and around tents in City
parks that have deterred or obstructed use of park spaces for their intended purposes by
all members of the public. In response to significant community concern, in February
2021, Parks and Recreation along with Public Works, in collaboration with the City
Attorney’s office and Police Department, instituted postings of an Adminis trative
Interpretation (Attachment B) of the current San Luis Obispo Municipal Code Section
12.04.020 at all park locations.
The Administrative Interpretation and Directive clarified that “encroachment” and “any
structure or object,” as used in Municipal Code Sections 12.04.010 and 12.04.020, and
as applied to City parks, shall include any tent, or any other structure or object that is
closed to public view from the outside, or that is capable of obscuring from public view
from the outside, any occupant or activity inside the structure or object. The memorandum
also clarified that the placement and use of such tents or any other similar structure or
object, as defined in Chapter 12.04, were prohibited in City parks without a permit or as
otherwise allowed in compliance with Chapter 12.04.
The proposed amendment (Attachment A) to Chapter 12.04 (Encroachments and
Excavations) and Chapter 12.20 (Park Regulations) codifies the administrative
interpretation referenced above, clarifying that tents and similar st ructures are prohibited
encroachments in City parks.
The adoption of this amendment provides greater clarity and transparency regarding the
City’s ongoing interpretation and enforcement of its parks and encroachment ordinances.
Policy Context
San Luis Obispo Municipal Code Section 12.04.020 makes it unlawful “for any person to
make any excavation or encroachment in, under or over any road or other public place,
including highway, alley, street, avenue, place, sidewalk, path, walk, park, plaza,
boulevard or right-of-way or any other public place in the city whether or not currently
improved, except in the manner and mode provided in this chapter.” With limited
exceptions, any encroachment “in, under or over” any public place in the City requires a
permit. “Encroachment” is defined in Section 12.04.10 as including any structure or object
of any kind or character placed in, under or over any place mentioned in Section
12.04.020.”
Ordinance 1696 amends Municipal Code Section 12.04.020 to define tents and simil ar
structures specifically as prohibited encroachments in City parks and expressly cross
references the parks and encroachment regulations.
Page 257 of 395
Item 6e
Public Engagement
The proposed Ordinance was presented to the City Council on April 13, 2021, as a Public
Hearing item for consideration. Legal advertisements were posted ten days prior to the
hearing, and the Council agenda of the meeting was made public one week prior.
As noted in this report, City Staff presented to the Parks and Recreation Commission for
feedback at the March 3, 2021 meeting and will continue to discuss the impacts of various
illegal activities that compromise the safety and integrity of the community parks, and this
advisory body will, in addition to providing a public forum for discussion, make
recommendations to Council on this topic should the need arise.
CONCURRENCE
This report reflects a multi-departmental effort with the City Attorney, Administration,
Police, Fire, and Community Services Group including Community Development, Parks
and Recreation, Public Works, and Utilities all in concurrence with the recommendation.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA), it can be seen with certainty
that there is no possibility that the proposed Municipal Code Amendments regarding the
tent prohibition will have any effect on the environment (General Rule Exemption CEQA
Guidelines Sec. 15061(b)(3)).
Additionally, the proposed ordinance would be exempt per CEQA Section 15301 Existing
Facilities, as there would be no expansion of use; CEQA Section 15308 Actions by
Regulatory Agencies for the Protection of the Environment, as the proposed ordinance is
intended to assure the maintenance and protection of the environment; and 15311
Accessory Structures, regarding potential placement of on -premise signage needed for
public notification associated with the proposed ordinance.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Page 258 of 395
Item 6e
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund N/A
State
Federal
Fees
Other:
Total
The adoption of the ordinance has no additional fiscal impact. All related staff time is
budgeted for in the annual department and program appropriation adopted with the City’s
Financial Plan and Budget Supplement.
ALTERNATIVES
1. Modify the Ordinance as proposed. The City Council may modify the ordinance
before adoption. Depending on the scope of changes proposed, modification of the
ordinance may require reintroduction during a subsequent public hearing.
2. Do not adopt the Ordinance as proposed. The City Council may choose not to
adopt the ordinance. Staff does not recommend this alternative because the ordinance
reflects existing City policy and enforcement practices and makes those policies and
practices clearer and more understandable to the public.
ATTACHMENTS
A - Ordinance No. 1696 (2021 Series)
B - Administrative Interpretation and Directive
Page 259 of 395
Page 260 of 395
O 1696
ORDINANCE NO. 1696 (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING CHAPTER 12.04 AND CHAPTER
12.20 OF THE SAN LUIS OBISPO MUNICIPAL CODE TO CLARIFY
EXPRESSLY THAT TENTS AND SIMILAR STRUCTURES ARE
PROHIBITED ENCROACHMENTS IN PUBLIC PARKS
WHEREAS, The City has a substantial interest in promoting the public health,
safety and welfare of its residents, visitors and businesses, and the safety and aesthetic
qualities of City parks and recreational facilities; and
WHEREAS, longstanding City encroachment regulations prohibit the erection of
structures in public places, including parks, without a permit; and
WHEREAS, there has been a proliferation of tents in public parks accompanied by
an increase in public complaints to the City of adverse behaviors and interactions in parks,
including drug and alcohol abuse, and associated verbal and physical intimidation,
aggression and adverse interactions among park users; and
WHEREAS, increased instances of erection of tents and other enclosed structures
in parks obscures adverse and illegal activities from public view, contributes substantially
to the accumulation of litter, clutter and visual blight, can interfere with pedestrian
circulation, can obstruct or interfere with the lawful use of park areas by the general public
for their intended recreational uses, and inhibits the effective regulation and enforcement
against illegal activities in the parks; and
WHEREAS, continuous presence of tents in park areas during hours of operation
interferes with daily park maintenance to ensure safe and proper upkeep; and
WHEREAS, the purpose of this ordinance is to promote the public health, safety
and welfare and support lawful use and access to city parks by all community members,
consistent with the intended legal uses and aesthetic qualities of city parks by:
(1) Providing for unobstructed, open public views of public park areas and activities
conducted in public park areas to deter unsafe and illegal activities in the parks, to
facilitate compliance with laws, and to protect the public, health safety and welfare
of all park users;
(2) Preventing interference with or obstructions of the flow of pedestrian circulation by
the placement of tents and large volumes of personal belongings in pedestrian
paths of travel;
(3) Discouraging the establishment of residential uses of parks facilitated by tents,
which have been observed to result in violations of park hours of operation, as well
as illegal and unsanitary accumulation and disposal of litter, clutter, and visual
blight associated with the erection and occupation of tents in the parks;
Page 261 of 395
Ordinance No. 1696 (2021 Series) Page 2
O 1696
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows/or that (whatever action is needed):
SECTION 1. Encroachment Amendments. Section 12.04.020 B (Encroachments
Restricted) of Chapter 12.04 (Encroachments and Excavations) of the San Luis Obispo
Municipal Code is hereby amended to include express reference to the application of the
encroachment regulations related to the erection of tents in public parks, to read as
follows:
12.04.020 Encroachments restricted.
B. For purposes of this chapter, encroachments shall not include activities
regulated as parades or special events pursuant to Chapter 5.80. Additional
clarification of the application of these provisions to the use of tents or other
enclosed structures in public parks are set forth in Chapter 12.20 (PARK
REGULATIONS) of this code.
SECTION 2. Section 12.20.020 (Definitions) of Chapter 12.20 (PARK
REGULATIONS), is hereby amended and renumbered to clarify the definition of “park”
and add a definition of “tent”, to read as follows:
12.20.020 Definitions.
The following words shall have the meaning indicated when used in this chapter:
A. “Amplified sound” means music, sound wave, vibration or speech projected or
transmitted by electronic equipment, including amplifiers.
B. “Director” means the director of parks and recreation or other person authorized
by him or her, pursuant to law, to act in his or her stead.
C. “Park” means any parkland, playground, beach, or recreational facility,
including any parking lots, open space, creek, or any other area or structure
accessory thereto under the operational control of the Parks and Recreation
Department of the City of San Luis Obispo.
D. “Permit” or “reservation” means written authorization for exclusive use of parks
or buildings, or portions thereof, as provided for and defined by this chapter.
E. “Tent” means any enclosed temporary physical structure that obstructs
activities within the structure from public view, excluding canopies and covers
that are open on all sides. “Tent” shall not include blankets, towels, mats,
portable lawn chairs, unenclosed shade structures not affixed to public
property, or similar items for temporary use in conjunction with otherwise lawful
park use.
Page 262 of 395
Ordinance No. 1696 (2021 Series) Page 3
O 1696
F. “Vehicle” means any device by which any person or property may be propelled,
moved or drawn, excepting a device moved by human power.
SECTION 3. Section 12.20.040 (Rules and regulations applicable in city parks.)
of Chapter 12.20 (PARK REGULATIONS), is hereby amended to add a section expressly
clarifying the prohibition against tents in public parks, to read as follows:
F. It shall be unlawful for any person to erect, establish or occupy a Tent in any
Park, except by express permission of the Director; in connection with a valid
event permit issued by the Department; or as otherwise provided by resolution
of the City Council.
SECTION 4. All Prior ordinances, resolutions or administrative orders relating to
parks regulations are hereby superseded to the extent inconsistent herewith.
Page 263 of 395
Ordinance No. 1696 (2021 Series) Page 4
O 1696
SECTION 5. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 13th day of April 2021, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of _______ 2022, on the following
vote:
AYES:
NOES:
ABSENT:
__________________________
Mayor Erica A. Stewart
ATTEST:
____________________________
Teresa Purrington,
City Clerk
APPROVED AS TO FORM:
_____________________________
J. Christine Dietrick,
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ____________________________.
__________________________
Teresa Purrington,
City Clerk
Page 264 of 395
Memorandum
City of San Luis Obispo Parks and Recreation Department
February 11, 2021
TO: City Manager, Derek Johnson
BCC: City Council
FROM: Greg Avakian, Parks and Recreation Director
Matt Horn, Public Works Director
SUBJECT: Interpretive Memo re Definition of Encroachment Under MC 12.04.020
Administrative Interpretation and Directive re:
Definition of Encroachment as Applied to City Parks Under San Luis Obispo
Municipal Code 12.04; Prohibition of Tents and Other Structures or Objects That
Obstruct Activities from Public View in Parks
This Administrative Interpretation and Directive is issued pursuant to the authority of the Public
Works Director under Title 12 of the San Luis Obispo Municipal Code to provide administrative
clarification and interpretation regarding enforcement of rules and regulations related to streets,
sidewalks and public places within the City and pursuant to the authority of the Parks and
Recreation Director under Chapter12 of the San Luis Obispo Municipal Code to issue and
enforce rules and regulations applicable to City Parks.
San Luis Obispo Municipal Code Section 12.04.020 makes it unlawful “for any person to make
any excavation or encroachment in, under or over any road or other public place, including
highway, alley, street, avenue, place, sidewalk, path, walk, park, plaza, boulevard or right-of-
way or any other public place in the city whether or not currently improved, except in the manner
and mode provided in this chapter.” With limited exceptions, any encroachment “in, under or
over” any public place in the City requires a permit.
For purposes of Municipal Code Chapter 12.04, Municipal Code Section 12.04.10 defines
“encroachment” as including “any structure or object of any kind or character placed in, under
or over any place mentioned in Section 12.04.020.”
City parks are intended for the safe, lawful, and peaceful use and enjoyment, for a variety of
leisure and recreational purposes, by all members of the public during park hours of operation.
Tents and other structures or objects erected in parks that are enclosed or create a visual barrier
to observation of activities inside the tent interfere with the general public use and enjoyment
of park and recreational spaces for their intended purposes by: obstructing open public views in
City parks; being erected in a manner and/or in locations that physically obstruct or impair the
use of the parks equally by all members of the public for their intended purposes; and
concealing unlawful conduct in the parks from public view and regulation. Unlawful activities
in parks that have been exacerbated by the erection of tents or other structures or objects that
obstruct those activities from public view include, but are not limited to, drug use, alcohol
consumption, and sexual activities not compatible with public spaces, which have resulted in
Page 265 of 395
City of San Luis Obispo, Title, Subtitle
increased adverse or aggressive behaviors in the parks, or visually, verbally or physically
threatening interactions among members of the public seeking to utilize the public parks.
The Parks and Recreation Director finds that the presence of tents and other structures or objects
that obstruct from public view activities inside the tent, structure or object in City parks
substantially interferes with the aesthetic purposes of City parks, interferes with the ability to
observe and regulate unlawful conduct, and substantially inhibits or interferes with the safe,
peaceful, and lawful leisure and recreational uses and enjoyment of City parks by all members
of the public. Based on these concerns, the Public Works Director and Parks and Recreation
Director issue this Administrative Interpretation and Directive to clarify that “encroachment”
and “any structure or object,” as used in Municipal Code Sections 12.04.010 and 12.04.020, and
as applied to City parks, shall include any tent, or any other structure or object that is closed to
public view from the outside, or that is capable of obscuring from public view from the outside,
any occupant or activity inside the structure or object. The placement and use of such tents or
any other similar structure or object, as defined in Chapter 12.04, and as clarified in this
memorandum, is prohibited in City parks without a permit or as otherwise allowed in
compliance with the requirements of Municipal Code Chapter 12.04.
Nothing herein shall be construed to preclude the use of blankets, towels, mats, portable lawn
chairs, unenclosed shade structures not affixed to public property, or similar items for temporary
use in conjunction with otherwise lawful park use by any member of the public during allowed
park hours.
Page 266 of 395
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 . FAX (805) 546-8641
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party interested in the
above entitled matter. I am the principal clerk
of the printer of the New Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, State of California, under the date of
February 5, 1993, Case number CV72789: that
notice of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to -wit:
in the year 2022.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, Caliit fornia, this day
2022.
����/�/�
Patricia Horton, New Times Legals
Proof of Publication of
ORDINANCE NO. 1696
(2021 SERIES)
AN ORDINANCE OF THE CRY COUNCIL OF
THE CITY OF SAN LUIS OBISPO, CALIFORNIA.
AMENDING CHAPTER 12.04 AND CHAPTER
12.20 OF THE SAN LUIS OBISPO MUNICIPAL
CODE TO CLARIFY EXPRESSLY THAT
TENTS AND SIMILAR STRUCTURES ARE
PROHIBITED ENCROACHMENTS IN PUBLIC
PARKS
NOTICE IS HEREBY GIVEN that the City Council of
the City of San Luis Obispo, California, at its Special
Meeting of April 13, 2021, introduced the above
titled ordinance upon a motion by Council Member
Christianson, second by Council Member Marx, and on
the following roll call vote:
AYES: Council Member Christianson, Marx, Vice
Mayor Stewart, and Mayor Harmon
NOES: Council Member Pease
Urdinance Na 1696 (2021 Weill 1: This is a City
Ordinance to amend Chapter 12.04 and Chapter 12.20
(Park Regulations) of the San Luis Obispo Municipal
Code to expressly clarify that tents and similar
structures are prohibited encroachments in City parks.
The purpose of the ordinance is to support the safe,
lawful, and peaceful use of the City's parks by all
community members consistent with the intended uses
and aesthetic qualities.
A full and complete copy of the aforementioned
Ordinance is available for inspection as part of the
published agenda packet for the May 3, 2022 Council
Meeting, or you may call (805) 781-7100 for more
information.
NOTICE IS HEREBY GIVEN that the City Council of
the City of San Luis Obispo will consider adopting the
Ordinance at its Regular Meeting of May 3, 2022. with
Closed Session starting at C30 p.m. followed by the
Regular Meeting at 6:00 p.m. in the Council Chambers
at City Hall, 990 Palm Street, San Luis Obispo. The City
Council meeting will be televised live on Charter Cable
Channel 20 and live streaming on the Citys YouTube
channel httm//your[ b to 'ty.
Teresa Purrington
City Clark
April 28, 2022
AA.l&Ik—a/.NTMG Admi NnIG O?C</9USMlSS/Wblk Ner za/Y,wf of WF