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Home My WebLink About07-17-2012 c4 temporary suspension of requirements of municode for portion of 43 pradordcounci lAacenaa Repout Meeting Date 7-17-1 2 Item Number C 4 C I T Y O F S A N L U I S O B I S P O FROM : Derek Johnson, Community Development Directo r Prepared By: Tyler Corey, Housing Programs Manage r SUBJECT :TEMPORARY SUSPENSION OF THE REQUIREMENTS OF MUNICIPA L CODE CHAPTER 9 .18 FOR A PORTION OF 43 PRADO ROA D RECOMMENDATION Adopt a resolution to temporarily suspend the enforcement of Municipal Code Chapter 9 .1 8 (Vehicle as dwelling unit) for a portion of 43 Prado Road DISCUSSIO N On March 20, 2012, the City Council temporarily suspended enforcement of the requirements o f Municipal Code Chapter 17 .16.015 (Vehicle as dwelling unit) and authorized Community Actio n Partnership of San Luis Obispo County,Inc .(CAPSLO) to operate a safe parking pilot progra m for a portion of the property located at 43 Prado Road (Attachment 1).On June 22, 2012 , CAPSLO implemented the six month safe parking pilot program that provides homeless person s with vehicles a safe place to temporarily park vehicles overnight with the goal of eventuall y transitioning them into permanent housing . Staff will report on the program in early Januar y 2013 and recommend ordinance amendments to expand the program should the pilot program b e successful . On July 3, 2012, Superior Court Judge Charles S . Crandall issued a preliminary injunctio n against the City's enforcement of San Luis Obispo Municipal Code Chapter 17 .16 .015, which prohibits the use of vehicles as living and sleeping quarters on local streets . On July 10, 2012, the City Council adopted an emergency ordinance declaring and reaffirming the scope and intende d enforcement of the City's Ordinance and adding Chapter 9 .18 (Vehicle as dwelling unit) of th e Municipal Code . In order ensure consistency of application of the new ordinance, Counci l directed staff to return with a resolution to temporarily suspend enforcement of Chapter 9 .18 o f the Municipal Code on the pilot site . FISCAL IMPAC T There are no fiscal impacts associated with this action . ALTERNATIVE S 1 . The Council may approve the temporary suspension of enforcement of Municipal Cod e Chapter 9 .18 with modified findings . Temporary Suspension of Municipal Code Chapter 9 .18 Page2 2.The Council may continue action, if more information is needed . Staff does no t recommend this action since the safe parking pilot program is currently in operatio n consistent with Council's approval . 3.The Council may deny the temporary suspension of enforcement . Staff does not recommend this action since the safe parking pilot program is currently in operatio n consistent with Council's approval . ATTACHMENT S 1.Council Resolution No . 10342 (2012 Series ) 2.Draft Council Resolution T:\Council Agenda Reports\2012\2012-07-17\Temporary Suspension of Chapter 9 .15\Temporary Suspension 9 .18 CAR .docx Attachment 2 Resolution No . (2012 Series ) A RESOLUTION OF THE CITY COUNCIL SUSPENDING ENFORCEMENT OF TH E REQUIREMENTS OF SAN LUIS OBISPO MUNICIPAL CODE CHAPTER 9 .18 FOR A PORTION OF 43 PRADO ROA D WHEREAS, on March 20, 2012, the City Council of the City of San Luis Obisp o temporarily suspended enforcement of the requirements of San Luis Obispo Municipal Cod e Chapter 17 .16 .015 (Vehicle as dwelling unit) and authorized Community Action Partnership of Sa n Luis Obispo County, Inc . (CAPSLO) to operate a safe parking pilot program to allow overnigh t sleeping in vehicles at the Prado Day Center at 43 Prado Road ; an d WHEREAS, on June 22, 2012, CAPSLO implemented a six month safe parking pilo t program for up to five vehicles at the Prado Day Center at 43 Prado Road ; and WHEREAS, on July 3, 2012, Superior Court Judge Charles S . Crandall issued a preliminary injunction against the City's enforcement of San Luis Obispo Municipal Code (SLMC) Chapte r 17 .16 .015 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 a n 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 Sa n Luis Obispo and added Chapter 9 .18 (Vehicle as dwelling unit) of the San Luis Obispo Municipa l Code ; an d WHEREAS, the City Council has duly considered all evidence, including the testimony o f the applicant, interested parties, and the evaluation and recommendations by staff, presented at sai d hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Lui s Obispo as follows : Section 1 .Findings .Based upon all the evidence, the City Council makes the followin g findings : 1.A safe parking pilot program advances a key component of the goal to provide a form o f transitional housing consistent with the San Luis Obispo Countywide 10-year Plan to En d Homelessness . 2.There is a growing community need for a safe parking pilot program for those looking for a safe place to temporarily sleep in their vehicles while they transition to permanent housing . 3.A pilot program will allow CAPSLO and the City to evaluate the success of the progra m prior to deciding whether to move forward with a long-term City-wide program . 4.A safe parking pilot program within the parking area for the Prado Day Center, as show o n Exhibit A, is a logical addition tothe homeless services currently provided and managed by City Council Resolution No . (2012 Series) Attachment 2 Temporary Suspension of Municipal Code Chapter 9 .1 8 Page 2 CAPSLO . Section 2.Suspension of Municipal Code Enforcement .In order to facilitate the operation of the pilot program, the City Council hereby suspends enforcement of Chapter 9 .18 o f the City of San Luis Obispo Municipal Code prohibiting the use of recreational vehicles as a dwelling unit as it applies to the City property located at 43 Prado Road, as shown in Exhibit A . Enforcement of Chapter 9 .18 on this property shall be suspended only for such time period as th e pilot program is authorized by the City to operate and enforcement shall resume at such time a s the pilot program is terminated. On motion of , seconded by , and on the following roll call vote : AYES : NOES : ABSENT : The foregoing resolution was passed and adopted this 17th day of July, 2012 . Mayor Jan Mar x ATTEST : Sheryll Schroeder, Interim City Cler k APPROVED AS TO FORM : Christine Dietrick, City Attorney City Council Resolution No . (2012 Series ) Temporary Suspension of Municipal Code Chapter 9 .1 8 Page 3 Attachment 2 Exhibit A