HomeMy WebLinkAboutr10385suspendingenforcementofrequirementsofslomunicodech9.18forportionof43pradordRESOLUTION NO . 10385 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO SUSPENDIN G
ENFORCEMENT OF THE REQUIREMENTS OF SAN LUIS OBISPO MUNICIPA L
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 o f
San Luis Obispo County, Inc . (CAPSLO) to operate a safe parking pilot program to allo w
overnight sleeping in vehicles at the Prado Day Center at 43 Prado Road ; and
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 Cod e
(SLMC) Chapter 17 .16 .015 to prohibit the use of vehicles as living and sleeping quarters o n
local streets ; and
WHEREAS,on July 10, 2012, the City Council of the City of San Luis Obispo adopte d
an emergency ordinance declaring and reaffirming the scope and intended enforcement of th e
City's ordinance prohibiting the use of vehicles as living and sleeping quarters throughout th e
City of San Luis Obispo and added Chapter 9 .18 (Vehicle as dwelling unit) of the San Lui s
Obispo Municipal Code ; and
WHEREAS,the City Council has duly considered all evidence, including the testimon y
of the applicant, interested parties, and the evaluation and recommendations by staff, presented a t
said 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 th e
following 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 lookin g
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 .
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Resolution No . 10385 (2012 Series)
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4 . A safe parking pilot program within the parking area for the Prado Day Center, as sho w
on Exhibit A, is a logical addition to the homeless services currently provided and managed b y
CAPSLO .
SECTION 2 .Suspension of Municipal Code Enforcement .In order to facilitate th e
operation of the pilot program, the City Council hereby suspends enforcement of Chapter 9 .18 of
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 .
Upon motion of Council Member Ashbaugh, seconded by Council Member Carter, an d
on the following roll call vote :
AYES :
Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter
and Mayor Marx
NOES :
None
ABSENT :
None
The foregoing resolution was passed and adopted this 17 th day of July, 2012 .
ATTEST :
8heryll Sc oede r
Interim City Cler k
Christine Dietric k
City Attorney
Resolution No . 10385 (2012 Series )
Page 3
Exhibit A