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HomeMy WebLinkAbout1584ORDINANCE NO. 1584 (2012 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE MUNICIPAL CODE TO LIMIT THE APPLICABILITY OF MUNICIPAL CODE SECTIONS 17.16.015 (VEHICLE AS DWELLING UNIT) TO PRIVATE PROPERTY OUTSIDE OF THE PUBLIC - RIGHT -OF -WAY AND ADOPTING MUNICIPAL CODE SECTION 10.34 (OVERNIGHT CAMPING PROHIBITED ON CITY STREETS AND CITY OWNED PARKING LOTS) AND REPEALING CHAPTER 9.18 IN ITS ENTIRETY 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 of 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 resources away from litigation and towards policies and services that positively impact members of the community affected by homelessness; and WHEREAS, the City Council agreed to consider an alternate approach to regulate the issue of people living and sleeping in their vehicles through regulation of the parking of vehicles for such purposes on City streets; and 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 regulation as an alternate approach to regulate the issue of people living and sleeping in their vehicles on City by December 31., 2012, Municipal Code Chapter 9.18 cannot be enforced on public streets; and WHEREAS, The ordinance included herein is intended to mitigate the adverse impacts of people living and sleeping in their vehicles on City Street with the introduction of Municipal Code Chapter 10.34 prohibiting the parking of vehicles on public streets for that purpose; and WHEREAS, due to the availability of an alternate mechanism by which to address the impacts of people living and sleeping in their vehicles on the public streets, the City Council agreed the City will not oppose the Court's order limiting the enforcement of Zoning Regulations Section 17.16.015 on the public streets, and 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, to prevent the establishment and proliferation of unsafe and unsanitary residential uses within the City limits, and to preserve the City's immediate authority to regulate public conduct in the best interests of its citizenry. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: 1611161-1 Ordinance No 1584 (2012 Series) Page 2 SECTION 1. The City Council makes the following findings: A. The adoption of Municipal Code Section 10.34 prohibiting the parking of vehicles for purposes of overnight camping on City Streets and City owned parking areas is necessary because the City's streets are ill- suited to support vehicular residential occupancies, not only for the residents establishing such illegal uses, but also for the public forced to bear the impacts because: the streets and other non - exempted areas within the City do not have facilities or services to support residential uses; the mobile nature of such vehicular uses 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 and unsanitary; the proliferation of such unregulated uses in areas not designed to support them encourages misconduct such as illegal garbage disposal, illegal septic disposal, illegal discharges into the City's sewer and stormwater conveyance systems in violation of the City's state permitting requirements; public urination and defecation. Moreover, establishment of residential uses in areas not equipped to serve them creates conflicts between the improper residential use and adjacent approved and supported uses and developments; establishment of residential uses in areas not zoned and equipped for such uses is inconsistent with the City's General Plan and goals and objectives for orderly development. B. Adoption of Municipal Code Section 10.34 is consistent with twenty -one policies in the City's General Plan, which are devoted to ensuring compatible land uses and the enactment of Municipal Code amendments including the adoption of Chapter 10.34 is necessary to prohibit living and sleeping in vehicles and is required to provide an implementing measure to enforce illegal uses that are incompatible with lawful and permitted uses. C. The Municipal Code amendments are consistent with the "10 -Year Plan to End Homelessness in San Luis Obispo County," which includes policies, programs, and actions to assist the transition of homeless persons into housing, and the City has embraced and supported such policies and programs. D. Some of the adverse impacts in areas where vehicular occupancies have proliferated or concentrated within the City, which have been reported to the City by third parties or observed by City staff, include: littering, public urination, public defecation, and /or intoxication, obstruction of vehicular or pedestrian passage on both public and private property; theft of water and electricity, verbal and physical assaults, trespass onto adjacent public and private properties; vandalism; and harassment or intimidation of occupants, employees, and /or customers of adjacent properties. E. 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 proposal by the Community Action Partnership of San Luis Obispo (CAPSLO) to establish a "safe parking" pilot program, whereby a limited number of homeless residents would be permitted to utilize their vehicles as overnight living and sleeping quarters in the parking lot of the Prado Day Center, subject to agreement to participate in case management services designed to transition those individuals and /or families into permanent housing and self - sufficiency. That program includes access to sanitation facilities not otherwise available to individuals living and sleeping in their Ordinance No 1584 (2012 Series) Page 3 vehicles parked on public streets. The program proposal was subsequently recommended for approval' and approved by the Council. F. The "safe parking" pilot program is being evaluated and if successful, staff is to recommend the continuance of the pilot program and municipal code changes to authorize the expansion of the program to other compatible areas throughout the City at a future date. G. 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 use of vehicles as living and sleeping quarters on local public streets. H. On July 10, 2012, the Council found that the Court's ruling reflected a misapprehension of the Council's intent as to the application and longstanding enforcement of Municipal Code Section 17.16.015, and reaffirmed its intent to apply the prohibition to the public streets by adopting a parallel prohibition added as Chapter 9.18 (Vehicle as Dwelling Unit) of the San Luis Obispo Municipal Code. I. On August 9, 2012, the City of San Luis Obispo approved an agreement with the SLO Homeless Alliance relating to the enforcement of regulations that prevent people from living and sleeping in vehicles parked on City Streets. J. In reaching the settlement agreement, ordinances and actions are legally permissible, streets; the City Council continues to assert that its valid and appropriate as applied to the public K. The amendments herein, as a result of the agreement, represent a practical and financial decision to direct resources and focus away from litigation and towards policies and services that positively impact members of the community affected by homelessness. L. The Council finds that the establishment of residential uses in vehicles on the public streets with no mechanism for enforcement constitutes an imminent and immediate threat to the public peace, health and safety because public streets are not equipped to support residential occupancies for the reasons set forth in this Ordinance. M. Jurisdictions throughout California have passed and enforced prohibitions against such occupancies on public streets and the absence of an ordinance will likely encourage the establishment of such occupancies on City streets. N. The establishment of such occupancies on the public streets invites, facilitates and encourages the maintenance of unsafe and unsanitary residential conditions within the City. O. The Council finds that the lack of reasonable enforcement mechanisms to prevent and prohibit such unsafe and unsanitary occupancies is contrary to the public peace, health, and safety and leaves the City, its residents, businesses and property owners without recourse to address valid complaints about the adverse impacts of such occupancies in an effective and expedient manner. Ordinance No 1584 (2012 Series) Page 4 P. Solely as a matter of expedience, in order to meet the demands of plaintiffs as necessary to settle the litigation entitled SLO Homeless Alliance v. City of San Luis Obispo, et al., and to avoid further costly expenditures of public resources, the City Council is exercising its authority to regulate the improper residential use of vehicles parked on public streets pursuant to its constitutional police powers and through the adoption of vehicle parking regulation pursuant to the authority delegated to it by the California Vehicle Code to regulate the stopping, standing and parking of certain vehicles on local streets. SECTION 2. For the reasons set forth herein and in order to ensure clarity of enforcement and the continued ability of the City to prohibit unsafe and unsanitary occupancies of vehicles parked on the public streets, which are contrary to the City's plans for orderly development, environmental protection, and human health, safety and welfare, and to support and secure the positive progress of the "safe parking" pilot program and subsequent consideration of the expansion of such programs for the support of the homeless community in San Luis Obispo, Chapter 10.34 is hereby added to the San Luis Obispo Municipal Code to read as follows: CHAPTER 10.34 OVERNIGHT CAMPING PROHIBITED ON CITY STREETS AND CITY OWNED PARKING AREAS Sections: 10.34.010 Purpose 10.34.020 Overnight camping prohibited on City streets and City owned parking areas. 10.34.030 Enforcement and Penalties. 10.34.010 — Purpose The purpose of the ordinance is to make public streets and other public areas readily accessible to the public for their intended and supported purposes and to limit the overnight parking of vehicles on public streets and public areas for purposes of human habitation, temporary or permanent residential occupation, camping, or sleeping (also referred to herein as "overnight camping "), which uses of public streets and areas are hereby deemed to be unsafe, unsanitary, and incompatible with the intended and supported uses of streets and other public areas. 10.34.020 - Overnight Camping Prohibited on City Streets and City Owned Parking Areas A. Prohibition. No occupied vehicle shall be parked for the purposes of allowing the occupants thereof to establish a temporary or permanent residential use, 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 occupied motor vehicle parked on the public streets or specified public areas during the times mentioned herein, which (1) contains a person or persons sleeping therein, or (2) contains bedding or camp Ordinance No 1584 (2012 Series) Page 5 paraphernalia arranged for the purpose of, or in such a way as will permit, the occupants thereof to remain overnight shall be deemed to be in violation of this section. B. Applicability. This section shall prohibit the parking of vehicles for purposes of overnight camping on any City public right -of -way, including all public streets, and any city -owned parking areas within the City of San Luis Obispo. Camping or sleeping in vehicles on private 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 Sections 17.16.015. C. Exceptions. This Chapter is not applicable to "Safe Parking" programs or similar vehicular sheltering programs or the expansion of such programs approved by the 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 Vehicle Code section 22507 with signage at each entrance to the City. 10.34.030— Enforcement and Penalties A. This chapter shall be enforced by the City's Police Department or such other Departments or persons designated by the Chief of Police. B. Any violation of this chapter shall be a parking violation, the amount of penalties for which shall be set by the Council by resolution. SECTION 3. Section 17.16.015 of Chapter 17.16 of the Municipal Code is hereby amended to read as follows: 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, or campground, 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 Municipal Code Chapter 10.34, (Ord. 1484 § 14, 2005: Ord. 1277 § 5, 1995) SECTION 4. Effective January 1, 2013, Chapter 9.18 is hereby repealed in its entirety from the Municipal Code. Violations of prohibitions against residential occupancy and /or overnight camping in vehicles parked on public streets and areas shall be enforced pursuant to Municipal Code Chapter 10.34 following effective date of that Chapter and installation and judicial approval of signage permitting enforcement of Chapter 10.34 SECTION 5. Environmental. The project is exempt from environmental review per CEQA Guidelines under the General Rule (Section 15061(b) (3)). The municipal code amendments involve modification of existing regulations, which prohibit the use of vehicles as living or sleeping quarters on private property and public streets. It can be seen with certainty Ordinance No 1584 (2012 Series) Page 6 that the proposed Municipal Code text amendments will have no significant effect on the environment. SECTION 6. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the City's rules and regulations. It is the City's express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. SECTION 7. Invalidity. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held by a court of competent jurisdiction to be an invalid or unenforceable exercise of the City's authority under the California Vehicle Code, such invalidity or unenforceability shall not affect the validity or enforcement of the prohibition against camping or sleeping in a vehicle on public streets, parking areas or rights of way. Rather, upon a judicial determination of invalidity or unenforceability under the California Vehicle Code, this ordinance shall be deemed to have been adopted solely pursuant to the City's constitutional police powers and violations of Chapter 10.34 shall be re- codified in Chapter 9.18 and deemed infractions subject to enforcement by infraction citation or administrative citation issued to the individual found to be in violation, rather than by parking citation. SECTION 8. 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 Tribune, 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. Ordinance No 1584 (2012 Series) Page 7 INTRODUCED on the 18th day of September, 2012, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 2 °d day of October, 2012, on the following roll call vote: YES: Council Members Ashbaugh and Carter, and Mayor Marx NOES Council Member Smith and Vice Mayor Carpenter ABSENT: None — a, &� May r an Marx ATTEST: Ma e Ke e y Grim s City Clerk FEW NJ WISAY 903 QVV UK listine Dietrick Attorney