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HomeMy WebLinkAboutP - 05 (2020 Series)_COVID-19 Incident_Proclamation suspending Safe Parking Permit Requirement COVID-19P 05 EMERGENCY SERVICES DIRECTOR PROCLAMATION NO. 5 (2020 SERIES) A PROCLAMATION OF THE EMERGENCY SERVICES DIRECTOR OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, SUSPENDING MUNICIPAL CODE AND CONDITIONAL USE PERMIT AND OTHER REQUIREMENTS FOR THE ESTABLISHMENT OR EXPANSION OF SAFE PARKING PROGRAMS WITHIN THE CITY OF SAN LUIS OBISPO RELATED TO THE PANDEMIC OF VIRUS KNOWN AS COVID-19 WHEREAS, section 2.24.060 of the San Luis Obispo Municipal Code empowers the Emergency Services Director, in the event of the proclamation of a “local emergency” as provided in this subsection, the proclamation of a “state of emergency” by the Governor or the Director of the California Emergency Management Agency, a “federal declaration of e mergency” or the existence of a “state of war emergency,” to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; and WHEREAS, section 2.24.020 of the Municipal Code includes an epidemic as one of the proper grounds for proclaiming a local emergency; and WHEREAS, the President of the United States has declared a State of National Emergency; the Governor of the State of California has proclaimed a State of Emergency for the State of California and issued Executive Orders directing measures to mitigate the spread of cases of COVID-19 within the State of California, including social distancing and mandatory use of face coverings in public places (see https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID - 19/Guidance-for-Face-Coverings_06-18-2020.pdf); the San Luis Obispo County Emergency Services Director has proclaimed a local emergency; and the San Luis Obispo County Public Health Director has declared a public health emergency related the spread of cases of COVID-19 within the State of California; the City Council declared a continuing local emergency; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City, caused by recent increases in confirmed cases and the continuing risk of spread of the pandemic of the virus known as COVID-19 and the demands on public services to mitigate and respond to those risks, as described in the President’s Declaration of a National Emergency, the Governor’s Proclamation of a State of Emergency, the County Emergency Services Director’s Proclamation of Local Emergency and the County Public Health Director’s Declaration of a Public Health Emergency, and all recitals set forth therein, which are included as though fully set forth herein; and WHEREAS, maintenance of appropriate social distancing between non-household individuals and groups and wearing face masks or coverings in public settings and where distance between non-household members cannot be maintained has proven effective in mitigating the spread of COVID- 19; and WHEREAS, pursuant to the Order of the State Public Health Officer issued on May 7, 2020, the State Public Health Officer has progressively designated businesses that may reopen ESD Proclamation No. 5 (2020 Series) Page 2 P 05 with certain modifications, based on public health and safety needs, at https://covid19.ca.gov/roadmap and these modifications include the requirements for statewide industry guidance for businesses from California’s Resilience Roadmap , including the fifth requirement of the statewide industry guidance for businesses, that all facilities must establish physical distancing guidelines before reopening; and WHEREAS, Governor Newsom and the State Public Health Officer have ordered and directed that all jurisdictions should limit group gatherings and that all persons must wear face masks or coverings in places open to the public and where at least six feet of space between non- household individuals and groups cannot be maintained; and the Order required all Californians to continue to obey the State public health directives made available at https://covid19.ca.gov/stay- home-except-for-essential-needs and elsewhere as the State Public Health Officer may provide. WHEREAS, the conditions of extreme peril concerning the spread of COVID-19 warrant and necessitate measures to ensure social distancing and deter large congregations of persons , and high-risk activities that increase the risk of community spread of the COVID-19 virus and the wearing of face coverings or masks consistent with State emergency and public health orders; and WHEREAS, the City’s Zoning Regulations (Chapter 17.86.230) says that Safe Parking provides homeless individuals and families with vehicles a safe place to temporarily park overnight to facilitate the transition to permanent housing, and as such the expansion of Safe Parking opportunities in the City is a strategy to expand opportunities for safe shelter to help mitigate the spread of COVID-19; and WHEREAS, the County of San Luis Obispo has permitted Safe Parking to occur at the Veteran’s Hall location within the City, 801 Grand Avenue, but has discontinued the service at that location; and WHEREAS, Community Action Partnership of San Luis Obispo County currently holds a Conditional Use Permit for the purpose of allowing seven (7) Safe Parking spaces at its facility on 40 Prado Road and can accommodate ten (10) additional Safe Parking spaces co-located with supportive services to support the homeless population during the pandemic emergency; and WHEREAS, the City is working to identify additional locations that may be suitable to establish additional Safe Parking locations; and WHEREAS, in the absence of such actions, the risk of rapid spread of COVID 19 among the homeless population is increased and county wide health services may become overwhelmed and unable to keep up with medical demand for care and availability of hospital or care facility capacity and the health and safety of persons within the City will be endangered ; and WHEREAS, the City of San Luis Obispo Emergency Services Director has considered the risks and deems that the expansion of Safe Parking opportunities in the City is necessary to prevent the spread of COVID-19. NOW, THEREFORE, BE IT PROCLAIMED by the Emergency Services Director of the City of San Luis Obispo, based on the findings set forth in the recitals above, that: ESD Proclamation No. 5 (2020 Series) Page 3 P 05 SECTION 1. Pursuant to the City’s authority under California Constitution Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations necessary for the protection of the City ; the City of San Luis Obispo Charter; and Chapter 2.24 of the San Luis Obispo Municipal Code, emergency measures are necessary to support and facilitate the expansion of safe parking facilities for unhoused persons in order to minimize exposure to the elements that compromise health, to minimize risks of sustained close contact and congregation and transmission of COVID-19 and to advance social distancing and personal hygiene protocols necessary to prevent or minimize the spread of COVID-19 and protect the public health, safety, welfare and economic security of the citizens of San Luis Obispo. SECTION 2. Any and all provisions of the San Luis Obispo Municipal Code, Chapter 17.86, and any and all provisions of any other currently applicable code provision or use permit, entitlement or contract issued to any current homeless or supportive services provider p ermitted or contracted with the City of San Luis Obispo , are hereby suspended to the extent that such provisions would otherwise limit or prevent the expansion by such party of safe parking facilities within the City, until such time as the declared City, County and State emergency declarations are terminated or such other time as may be determined by order of the Emergency Services Director or City Council, subject to the requirements and restrictions set forth herein . SECTION 3. Requirements for the temporary emergency expansion of the 40 Prado Road Safe Parking Program (City Conditional Use Permit #USE-0413-2014). A. The Community Development Director is hereby authorized, upon written request, to administratively allow for the temporary expansion of the existing permitted operation for Safe Parking located at 40 Prado Road at that location or at any other location authorized by the Emergency Services Director within the City of San Luis Obispo if the Community Development Director determines that the expansion is consistent with the purpose and intent of San Luis Obispo Municipal Code Section 17.86.230. B. If the operators of Safe Parking at 40 Prado Road wish to maintain the establishment or expansion of a Safe Parking location allowed pursuant to this order after the termination of applicable emergency orders, any such operator shall submit the appropriate Planning Application to the Community Development Department for processing in accordance with otherwise applicable city regulations for issuance of a use permit or modification to an existing permit. Any limitations or new conditions of approval that result from the review process shall be implemented following approval of the permit modification. SECTION 4. Requirements for the establishment of new Safe Parking locations. A. The Community Development Director is hereby authorized to immediately allow for the establishment and operation of new Safe Parking locations by the City and/or third party non-profit partner, upon submittal of a complete Planning Application for a Conditional Use Permit demonstrating compliance with the performance standards required by SLOMC Section 17.86.230.E.I as may be required to normally establish Safe Parking at the proposed location. B. The Community Development Department will process the new application through the normal course of review for the permit application submitted. Upon approval of the Safe Parking permit, all conditions of approval shall be applied to the use. If a ESD Proclamation No. 5 (2020 Series) Page 4 P 05 Conditional Use Permit is not approved within 120 days, then the Safe Parking use shall cease. SECTION 5. In the event that the Safe Parking site is operated in violation of any requirement established for the temporary operation and such violation is not remedied as directed by the City, the Community Development Director may notify the operator in writing that the temporary operation authorization is terminated; upon receipt of said notice , the operator shall terminate operations and return the site to its origin al condition within 10 days of receipt of said notice. SECTION 6. Incorporation by reference. This Order is issued in accordance with, and incorporates by reference, the March 4, 2020 Proclamation of a State of Emergency issued by Governor Gavin Newsom, the March 13, 2020 Proclamation by the Director of Emergency Services Declaring the Existence of a Local Emergency in the County, the March 13, 2020 Declaration of Local Health Emergency Regarding Novel Coronavirus 2019 (COVID -19) issued by the Health Dire ctor; and the City of San Luis Obispo’s March 17, 2020 Resolution Declaring a Local Emergency and all subsequent and continuing State, County and City orders whether or not specifically referenced herein. SECTION 7. City Council confirmation. This Proclamation shall be presented to the City Council of the City of San Luis Obispo for confirmation at or before its August 18, 2020 meeting, pursuant to San Luis Obispo Municipal Code Section 2.24.060. SECTION 8. Enforcement. This proclamation shall be enforceable, and violations shall be subject to penalties under Municipal Code Sections 2.24.100 and/or Administrative Enforcement under Chapter 1.24 and Resolution No. 11106 (2020 Series), and prior Emergency Resolutions of the City Council. SECTION 9. Posting. A copy of this order and regulation shall be broadly publicized and posted on all outside public access doors of City Hall of the City of San Luis Obispo and in one public place within any area of the City within which this order and regulation applies and personnel of the C ity of San Luis Obispo shall endeavor to make copies of this order and regulation available to the news media. ESD Proclamation No. 5 (2020 Series) Page 5 P 05 SECTION 10. Warning prior to citation. No criminal citation for violation of this order shall be issued, unless at least one in-person warning or notification of this proclamation has been made at an affected business. The foregoing Proclamation was approved this 7th day of August 2020 at 2:00 PM. ____________________________________ Derek Johnson, Emergency Services Director ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this 7th day of August 2020. ____________________________________ Teresa Purrington City Clerk