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HomeMy WebLinkAbout09-18-2012 ac johnson ph1RECEIVE D SEP 17201 2 CLERK September 13, 201 2 City Counci l Katie Lichtig, City Manag e Derek Johnson, Community Development Director AGENDA CORRESPONDENC E Date h?litItem#1 I DATE : TO : VIA : FROM : SUBJECT : Update on PC action for Item PHI (SLOMC amendments in response to th e settlement agreement with SLO Homeless Alliance ) On Wednesday, September 12 th, the Planning Commission reviewed the recommended Municipal Code amendments and unanimously voted that the Council adopt the propose d amendments with an additional finding . There was no public comment . Police and Public Work s Departments answered several inquiries from the Planning Commission . No amendments were recommended to the proposed Municipal Code amendments . The updated resolution is attache d and the added finding is shown in underline (Finding #2). Please call Brian Leveille at extension #7166 (781-7166) if you have any questions . Attachments : Planning Commission Resolution RESOLUTION NO . XXXX-1 2 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSIO N RECOMMENDING THE CITY COUNCIL APPROVE MUNICIPAL CODE AMENDMENT S TO LIMIT THE APPLICABILITY OF MUNICIPAL CODE SECTIONS 17 .160 .15 (VEHICL E AS DWELLING UNIT) TO PRIVATE PROPERTY OUTSIDE OF THE PUBLIC-RIGHT-OF - WAY AND ADOPTING MUNICIPAL CODE SECTION 10 .34 (OVERNIGHT CAMPIN G PROHIBITED ON CITY STREETS AND CITY OWNED PARKING ) (CITY FILE NO . TA 90-12 ) WHEREAS, on August 9,2012,the City Council of San Luis Obispo agreed to a settlement with the SLO Homeless Alliance which ended litigation on the enforcement o f regulations that prevent people from living and sleeping in vehicles on City streets ; and WHEREAS, the settlement agreement reflects the City's decision to focus resource s away from litigation and towards policies and services that positively impact members of th e community affected by homelessness ; and WHEREAS, the City Council agreed to consider an alternate approach to regulate th e issue of people living and sleeping in their vehicles through regulation of the parking of vehicle s for such purposes on City streets ; an d WHEREAS, the City retains its right to enforce Municipal Code Chapter 9 .18 in the interest of protecting the public's health and safety ; and WHEREAS, the City Council agreed that if it opts not to enact parking regulations a s an alternate approach to regulate the issue of people living and sleeping in their vehicles on Cit y streets by December 31,2012,the Municipal Code Chapter 9 .18 cannot be enforced on publi c streets ; and WHEREAS, The ordinance included herein is intended to mitigate the adverse impacts o f people living and sleeping in their vehicles on City Street with the introduction of Municipa l Code Chapter 10 .34 prohibiting the parking of vehicles on public streets for that purpose ; an d WHEREAS, due to the availability of an alternate mechanism by which to address th e impacts of people living and sleeping in their vehicles on public streets, the City Council agree d the City will not oppose the Court's order limiting the enforcement of Zoning Regulation s Section 17 .16 .015 on the public streets, an d WHEREAS, it is the intent of the Council to adopt ordinance amendments consistent with those contemplated by the settlement agreement with the SLO Homeless Alliance and as a necessary measure to limit the parking of vehicles for purposes of residential occupancy, t o prevent the establishment and proliferation of unsafe and unsanitary residential uses within th e City limits and to preserve the City's immediate authority to regulate public conduct in the bes t interests of its citizenry . Planning Commission Resolution #MX-1 2 TA 90-1 2 Page 2 WHEREAS, the September 12, 2012, public hearing was for the purpose of formulatin g and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project ; and WHEREAS, notices of the September 12, 2012, public hearing were made at the tim e and in the manner required by law ; and WHEREAS, the Planning Commission has duly considered all evidence, including th e 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 o f San Luis Obispo as follows : Section 1 .Findings .Based upon all the evidence, the Commission makes the followin g findings : 1.The adoption of Municipal Code Section 10 .34 prohibiting the parking of vehicles fo r purposes of overnight camping on City Streets and City owned parking areas is necessar y because the City's streets are ill-suited to support vehicular residential occupancies, no t only for the residents establishing such illegal uses, but also for the public forced to bea r the impacts because : the streets and other non-exempted areas within the City do not hav e facilities or services to support residential uses ; the mobile nature of such vehicular use s make them difficult to regulate and patrol ; establishment of residential uses in zones , areas, locations, or properties not designed or equipped to support such uses is unsafe an d unsanitary; the proliferation of such unregulated uses in areas not designed to suppor t them encourages misconduct such as illegal garbage disposal, illegal septic disposal , illegal discharges into the City's sewer and stormwater conveyance systems in violatio n of the City's state permitting requirements ; public urination and defecation . Moreover, establishment of residential uses in areas not equipped to serve them creates conflict s between the improper residential use and adjacent approved and supported uses an d developments ; establishment of residential uses in areas not zoned and equipped for suc h uses is inconsistent with the City's General Plan and goals and objectives for orderl y development . 2.The Municipal Code amendments are consistent with the "10-Year Plan to En d Homelessness in San Luis Obispo County" which includes policies, programs, an d actions to assist the transition of homeless persons into housing, and the City ha s embraced and supported such policies and programs . 3.Some of the adverse impacts in areas where vehicular occupancies have proliferated o r concentrated within the City, which have been reported to the City by third parties o r observed by City staff, include : littering, public urination, public defecation, and/or Planning Commission Resolution # XXXX-1 2 TA 90-1 2 Page 3 intoxication, obstruction of vehicular or pedestrian passage on both public and privat e property ; theft of water and electricity, verbal and physical assaults, trespass ont o adjacent public and private properties ; vandalism ; and harassment or intimidation o f occupants, employees, and/or customers of adjacent properties . 4.Prior to the initiation of the legal action that resulted in the Court's July 3, 2012 ruling granting the preliminary injunction, City staff had undertaken consideration of a proposa l by the Community Action Partnership of San Luis Obispo (CAPSLO) to establish a "saf e parking" pilot program, whereby a limited number of homeless residents would b e permitted to utilize their vehicles as overnight living and sleeping quarters in the parkin g lot of the Prado Day Center, subject to agreement to participate in case managemen t services designed to transition those individuals and/or families into permanent housin g and self-sufficiency . That program includes access to sanitation facilities not otherwis e available to individuals living and sleeping in their vehicles parked on public streets . The program proposal was subsequently recommended for approval and approved by th e Council . 5.The "safe parking" pilot program is being evaluated and if successful, staff is t o recommend the continuance of the pilot program and municipal code changes t o authorize the expansion of the program to other compatible areas throughout the City at a future date . 6.On July 3, 2012, the San Luis Obispo Superior Court issued a ruling granting a preliminary injunction against the enforcement of the City's zoning prohibition of the us e of vehicles as living and sleeping quarters on local public streets . 7.On July 10, 2012, the Council found that the Court's ruling reflected a misapprehensio n of the Council's intent as to the application and longstanding enforcement of Municipa l Code Section 17 .16 .015, and reaffirmed its intent to apply the prohibition to public street s by adopting a parallel prohibition added as Chapter 9 .18 (Vehicle as Dwelling Unit) o f the San Luis Obispo Municipal Code . 8.On August 9, 2012, the City of San Luis Obispo approved an agreement with the SL O Homeless Alliance relating to the enforcement of regulations that prevent people fro m living and sleeping in vehicles parked on City Streets . 9.In reaching the settlement agreement, the City Council continues to assert that it s ordinances and actions are legally permissible, valid, and appropriate, as applied to th e public streets . 10.The amendments herein, as a result of the agreement, represent a practical and financia l decision to direct resources and focus away from litigation and towards policies an d services that positively impact members of the community affected by homelessness . Planning Commission Resolution #XXXX-1 2 TA 90-1 2 Page 4 11.Jurisdictions throughout California have passed and enforced prohibitions against suc h occupancies on public streets and the absence of an ordinance will likely encourage th e establishment of such occupancies on City streets . 12.The establishment of such occupancies on the public streets invites, facilitates an d encourages the maintenance of unsafe and unsanitary residential conditions within th e City . Section 2 .Environmental .The project is exempt from environmental review per CEQ A Guidelines under the General Rule (Section 15061(b)(3)). The municipal code amendment s involve modification of existing regulations which prohibit overnight camping on privat e property and public streets . It can be seen with certainty that the proposed Municipal Code tex t amendments will have no significant effect on the environment . Section 3 .Recommendation .The Planning Commission does hereby recommend th e City Council adopt proposed amendments to the Municipal Code and Title 17 (Zonin g Regulations), in Exhibit "A". On motion by Commissioner , seconded by Commissioner , and on the following roll call vote : AYES : NOES : REFRAIN : ABSENT : The foregoing resolution was passed and adopted this 12 th day of September, 2012 . Doug Davidson, Secretar y Planning Commission by : Exhibit A C hc-m pter-9.1 8 Sections : 7 .1 8 .010 Vehicles as dwellings prohibited . Q.1 .8 .020 Violation Penalty . Norecreational vehicle, camper shell, automobile orsimilar device shall beused for livingor campground, except as provided inSection 17 ;08 .01 0 9 .18.020 viola ion Penau " Any personwho violates any provision of this chapter is guilty ofan infraction and issubject to punishment as provided for in Chapter 1 .12 . (Ord . 1583 § 2 (part), 2012 ) 17 .16 .015 Recreational vehicle as dwelling unit . No recreational vehicle, camper shell, automobile or similar device shall be used for living o r sleeping quarters on private property,except in a lawfully operated mobile home park, trave l trailer park, or campground, except as provided in Section 1 ? A 0 I O(C)(4) et seq .Within City streets, areas of the public right-of-way, and City owned parking areas, overnight camping o r sleeping is prohibited by and shall be subject to enforcement in accordance with Municipal Cod e Chapter 10 .34 .(Ord . 1484 § 14, 2005 : Ord . 1277 § 5, 1995 ) Chapter 10 .3 4 OVERNIGHT CAMPING PROHIBITED ON CITY STREETS AND CITY OWNE D PARKIN G Sections : 10 .34 .010 Overnight camping prohibited on City streets and City owned parking areas . 10 .34 .020 Enforcement and Penalties. 10 .34.010 — Overnight Camping Prohibited on City Streets and City Owned Parking Area s A.Prohibition . No occupied vehicle shall be parked for the purposes of allowing the occupants thereof to camp or sleep within the vehicle during the hours of 10 :00 p.m . to 6 :00 a.m . For the purpose of this section, any motor vehicle parking during th e time mentioned herein and which, (1) contains a person or persons sleeping therein , or (2) contains bedding arranged for the purpose of, or in such a way as will permit , the occupants thereof to remain overnight shall be deemed a violation of this section . Exhibit A B.Applicability . This section shall prohibit camping or sleeping in any vehicle on an y City public right-of-way, including all public streets, and any city-owned parkin g areas within the City of San Luis Obispo . Camping or sleeping in vehicles on privat e property or areas not within the public right-of-way, public streets, or any city– owned parking areas are subject to the requirements of Municipal Code Section s 17 .16 .015 . C.Exceptions . This Chapter is not applicable to "Safe Parking" programs or simila r vehicular sheltering programs or the expansion of such programs approved by th e City Council in support of the homeless community of San Luis Obispo . D.Notice . Public notice of this section shall be in accordance with California Vehicl e Code section 22507 with signage at each entrance to the City . 10 .34 .20 –Enforcement and Penaltie s A.This chapter shall be enforced by the City's Police Department or such other thei r designee . B.Any violation of this chapter shall be a parking violation, of which the amount shall b e set by the Council by resolution .