HomeMy WebLinkAboutr10401extendingsuspensionofenforcementreqofslomunicodesec17.16.015&9.18forportionof43pradordRESOLUTION NO . 10401 (2012 Series )
A RESOLUTION OF THE CITY OF SAN LUIS OBISP O
EXTENDING THE SUSPENSION OF ENFORCEMENT OF THE REQUIREMENTS O F
SAN LUIS OBISPO MUNICIPAL CODE SECTIONS 17 .16 .015 AND 9 .1 8
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
Section 17 .16 .015 (Recreational vehicle as dwelling unit) and authorized Community Actio n
Partnership of San Luis Obispo County, Inc . (CAPSLO) to operate a safe shelter pilot program t o
allow overnight 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, the City received a ruling Superior Court issued a rulin g
granting a motion for preliminary injunction against the City's enforcement of San Luis Obisp o
Municipal Code (SLMC) Section 17 .16 .015 to prohibit the use of vehicles as living and sleepin g
quarters on 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 (Recreational vehicle as dwelling unit) of th e
San Luis Obispo Municipal Code in order to ensure enforceability of vehicular occupanc y
prohibitions on public streets ; and
WHEREAS,on July 17, 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
Section 9 .18 (Recreational vehicle as dwelling unit) to allow the safe shelter pilot program to
continue consistent with Council's previous approval ; an d
WHEREAS,there is a growing community need for programs providing saf e
accommodations for individuals and families utilizing vehicles for temporary shelter in order t o
facilitate the transition to permanent housing ; an d
WHEREAS,CAPSLO has requested that the safe shelter pilot program be extended a n
additional six months at 43 Prado Road ; 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 .
R 10401
Council Resolution No . 10401 (2012 Series )
Page 2
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.Extending the safe shelter pilot program for an additional six months will advance a ke y
component of the goal to provide a form of transitional housing consistent with the Sa n
Luis Obispo Countywide 10-year Plan to End Homelessness .
2.There is a growing community need for programs providing safe accommodations fo r
individuals and families utilizing vehicles for temporary shelter in order to facilitate th e
transition to permanent housing .
3.A safe shelter 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 an d
managed by CAPSLO .
SECTION 2 .Suspension of Municipal Code Enforcement .In order to allow th e
continued operation of the pilot program, the City Council hereby suspends enforcement o f
Sections 17 .16 .015 & 9 .18 (until repealed) of the City of San Luis Obispo Municipal Cod e
prohibiting the use of recreational vehicles as a dwelling unit as those sections would otherwis e
apply to the City property located at 43 Prado Road, as shown in Exhibit A . Enforcement o f
Sections 17 .16 .015 & 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 . All conditions established by Council Resolution No .10342
(2012 Series) shall remain in full force and effect .
SECTION 3 .City Manager Authority .The City Manager is authorized to act on behal f
of the City in executing any necessary agreements or other related actions to extend the saf e
shelter pilot program for an additional six months at the Prado Day Center .
Upon motion of Council Member Ashbaugh, seconded by Council Member Smith ,
and on the following roll call vote :
AYES :
Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter
and Mayor Mar x
NOES :
None
ABSENT :
None
Council Resolution No . 10401 (2012 Series)
Page 3
The foregoing resolution was passed and adopted this 2nd day of October, 2012 .
ATTEST :
e edy Gr4f
Council Resolution No . 10401 (2012 Series )
Page 4
Exhibit A