HomeMy WebLinkAboutPC-1079-2023 (USE-0304-2023 -- Safe Parking Administrator Permit)RESOLUTION NO. PC-1079-23
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING
COMMISSION APPROVING A CONDITIONAL USE PERMIT
AUTHORIZING CAPSLO AS A SAFE PARKING PROGRAM
ADMINISTRATOR FOR THE OPERATION OF A ROTATING SAFE
PARKING PROGRAM THAT PROVIDES INDIVIDUALS AND FAMILIES
EXPERIENCING HOMELESSNESS A SAFE PLACE TO TEMPORARILY
PARK A VEHICLE OVERNIGHT TO FACILITATE THE TRANSITION TO
PERMANENT HOUSING; AS REPRESENTED IN THE STAFF REPORT
AND ATTACHMENTS DATED JULY 12, 2023 (USE-0304-2023)
WHEREAS, the City Council of the City of San Luis Obispo conducted a web
based public hearing on August 18, 2020, adopting Resolution No. 11149 (2020 Series),
that authorized the City to establish the Railroad Square Safe Parking Program under the
City’s Emergency Proclamation to provide safe shelter options for individuals and families
experiencing homelessness during the COVID-19 Pandemic, pursuant to a proceeding
instituted by the Emergency Services Director Proclamation No. 5; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a web
based public hearing on July 6, 2021, adopting Resolution No. 11264 (2021 Series) which
consolidated and aligned prior Council emergency actions with revised state orders, and
authorized the Community Development Director to establish new Safe Parking locations
to provide safe shelter options for individuals and families experiencing homelessness,
proceeding the end of the suspension of Municipal Code Chapter 17.86; and
WHEREAS, the General Plan 6th Cycle Housing Element includes Goal 1: Safety,
to provide safe, decent shelter for all residents) and Goal 8: Special Housing Needs
encourage the creation and maintenance of housing for those with special housing
needs), with supporting policies and programs that include but are not limited to: assisting
those citizens unable to obtain safe shelter on their own, supporting local and regional
solutions to homelessness, and assisting the homeless and those at risk of becoming
homeless by supporting to encourage the creation of housing development that meets a
variety of special needs; and
WHEREAS, the City Council 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 March 21, 2023, adopting the Homelessness Response Strategic Plan which outlines
the City’s role in implementing strategies to prevent homelessness and connect
individuals experiencing homelessness to services and housing. The Safe Parking
Program was specifically identified as a key task under the Strategic Plan with the intent
of working with the faith-based community to develop safe parking options throughout the
community; 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 July 12, 2023, pursuant to a proceeding instituted under USE-0304-2023,
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City of San Luis Obispo, applicant; and
WHEREAS, the Planning Commission of the City of San Luis Obispo has duly
considered all evidence, including the testimony of the applicant, interested parties, and
evaluation and recommendations by staff, presented at said hearing; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of San Luis Obispo as follows:
SECTION 1. Findings. The Planning Commission hereby grants final approval of
the Conditional Use Permit authorizing CAPSLO as a Safe Parking Program
Administrator (USE-0304-2023), based on the following findings:
1. As conditioned, the program will not harm the general health, safety, and welfare
of people living or working in the vicinity because conditions of approval have been
included to ensure compatibility with surrounding uses and provide for the
facilitation of participants’ transition to permanent housing.
2. The proposed program is consistent with General Plan Housing Element policies
to support local solutions to meet the needs of the homeless (HE 1.7 and 8.11).
3. The proposed program is consistent with the City’s 2023-2025 Major City Goals
for (Housing and Homelessness) by providing sustainable safe parking and
transitional shelter programs for individuals and families experiencing
homelessness in partnership with Community Action Partnership of San Luis
Obispo County.
4. The proposed program is intended to implement the objectives under the City’s
Homelessness Response Strategic Plan to establish safe parking program options
throughout in the community.
5. As conditioned, the proposed safe parking program complies with all provisions of
the City’s Safe Parking Ordinance (Municipal Code Chapter 17.86), because each
location will be evaluated for consistency with the performance standards and
program requirements through a Director’s Action Permit on a case-by-case basis.
SECTION 2. Environmental Review. The project is intended to serve as a Low
Barrier Navigation Center which is an activity exempt from the California Environmental
Quality Act (CEQA) by California Government Code Section 65660(b), in accordance with
CEQA Guidelines Section 15061(b)(1). The Project also has no potential for causing a
significant effect on the environment in accordance with CEQA Guidelines Section
15061(b)(3).
SECTION 3. Review Authority. The Planning Commission hereby delegates
review authority to the Community Development Director to authorize new locations to be
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added to the Rotating Safe Parking Program, through the approval of a site-specific
Director’s Action Permit.
SECTION 4. Action. The project conditions of approval do not include mandatory
code requirements. Code compliance will be verified through code enforcement after
program implementation. The Planning Commission hereby grants final approval to the
program with incorporation of the following conditions:
Planning Division
1. This Conditional Use Permit shall be subsequently reviewed at a public
Administrative Hearing if the City receives substantiated written complaints from any
citizen, Code Enforcement Officer, or Police Department employee, which includes
information and/or evidence supporting a conclusion that a violation of this
Conditional Use Permit, or of City ordinances or regulations or Police Department
resources (calls for service) applicable to the property or the operation of the Safe
Parking Program, has occurred. At the time of the review, to ensure on-going
compatibility of the safe parking activities, the Administrative Hearing Office reserves
the authority to elevate the review to the Planning Commission, where conditions of
approval may be added, deleted, or modified, or the Conditional Use Permit may be
revoked.
2. The applicant shall apply for a Director’s Action Permit for each new location for
consideration in the Rotating Safe Parking Program. The Planning Commission has
delegated review authority to the Community Development Director for the review of
new locations to be added to the Rotating Safe Parking Program through the
Director’s Action Permit process. The Director reserves the right to elevate a
Director’s Action Permit to the Planning Commission in the event of any potential
major policy issue or public controversy that would be more appropriately addressed
by the Planning Commission. The Director’s Action Permit shall ensure compliance
with all provisions of this Conditional Use Permit, and compliance with Municipal
Code Chapter 17.86.
3. The maximum number of vehicles allowed as part of the Safe Parking Program shall
be established through each Director’s Action Permit based on each location, the
maximum number of vehicles may be unique to each site.
4. The hours of operation for the Safe Parking Program shall be limited to 7:00 p.m. to
7:00 a.m., daily, with program check-in starting no earlier than 6:00 p.m. unless
otherwise established through the Director’s Action Permit.
5. Prior to applying for a Director’s Action Permit, the program administrator shall
ensure that adequate separation of at least 50 feet is provided between the safe
parking site and any property that contains residential uses, in accordance with
Municipal Code Section 17.86.230(E)(6).
6. The program administrator shall implement the Neighborhood Relations Plan at each
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location within the Safe Parking Program (Exhibit A), any changes to the
Neighborhood Relations Plan shall be subject to the satisfaction of the Community
Development Director.
7. The program administrator shall provide a Monitoring and Oversight Plan with each
Director’s Action Permit application in consideration of any new locations within the
Safe Parking Program. The provisions of the Monitoring and Oversight Plan may be
unique based on the program site location and shall be subject to the satisfaction of
the Community Development Director and the Police Chief.
8. The program administrator shall provide or ensure access to water, restrooms and
trash facilities for participant use during hours of operation of the program at all
locations within the program.
Indemnification
9. The applicant shall defend, indemnify and hold harmless the City and/or its agents,
officers and employees from any claim, action or proceeding against the City and/or
its agents, officers or employees to attack, set aside, void or annul, the approval by
the City of this project, and all actions relating thereto, including but not limited to
environmental review (“Indemnified Claims”). The City shall promptly notify the
applicant of any Indemnified Claim upon being presented with the Indemnified Claim
and the City shall fully cooperate in the defense against an Indemnified Claim.
On motion by Vice Chair Cooley, seconded by Commissioner Houghton, and on the
following roll call vote:
AYES: Commissioners Houghton, Jorgensen, Kahn, Ringer, Vice Chair
Cooley, and Chair Munoz-Morris
NOES: None
REFRAIN: None
ABSENT: commissioner Tolle
The foregoing resolution was passed and adopted this 12th day of July 2023.
___________________
Tyler Corey, Secretary
Planning Commission