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HomeMy WebLinkAbout09-03-2013 ph1 intro safe parking FROM: Derek Johnson, Community Development Director Prepared By: Tyler Corey, Housing Programs Manager SUBJECT: REVIEW OF AMENDMENTS TO TITLE 17 (ZONING REGULATIONS – SAFE PARKING ORDINANCE) OF THE MUNICIPAL CODE RECOMMENDATION As recommended by the Planning Commission, 1. Introduce proposed amendments to Title 17 (Zoning Regulations) to allow for a safe parking program in the City of San Luis Obispo; and 2. Adopt the Negative Declaration of Environmental Impact. REPORT IN BRIEF On March 20, 2012, the City Council authorized Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO) to operate a safe parking pilot program for up to five vehicles on a portion of the property located at 43 Prado Road adjacent to the Prado Day Center. On June 22, 2012, CAPSLO initiated the pilot program. On October 2, 2012, Council extended the pilot program for an additional six month period and directed staff to develop amendments to the Municipal Code to allow safe parking facilities at additional compatible locations. Consistent with previous City Council direction, Staff conducted significant public outreach to understand the needs and concerns of the community and has crafted a proposed Safe Parking Ordinance that establishes a framework for consideration of the expansion of safe parking to other locations within the City. The proposed ordinance addresses issues of location, provider qualifications, operations standards and mitigation of potential neighborhood impacts. The proposed ordinance has now been reviewed through public workshops, by the Human Relations Commission, and by the Planning Commission. Staff has summarized input from those forums and now presents an ordinance to the City Council for consideration. BACKGROUND In recent years, Recreational Vehicles and automobiles have increasingly emerged as a form of shelter for persons unable or unwilling to obtain transitional or permanent housing and seeking to escape the elements. Some people have found themselves in this position because of the economy, the scarcity of transitional and affordable housing, limited shelter beds, or as a preferred form of shelter. Financially strained social services make it increasingly difficult to assist people who find themselves without homes and shelter. As health and safety issues have occurred from unsupervised dwellings in vehicles on public streets, interest has grown to allow Meeting Date Item Number 9-3-13 PH1 - 1 GPI/ER 45-13 (Safe Parking Ordinance) Page 2 for a safe parking program that can help mitigate the impacts of people living in vehicles on City streets by providing centralized, regulated safe parking alternatives with access to case management to support transitions to permanent housing. On March 20, 2012, the City Council authorized Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO) to operate a safe parking pilot program for up to five vehicles on a portion of the property located at 43 Prado Road adjacent to the Prado Day Center (Attachment 1). This action was done by suspending enforcement at this location of the City’s generally applicable prohibition on the use of vehicles as living or sleeping quarters. On June 22, 2012, CAPSLO initiated the pilot program that provides homeless persons with vehicles a safe place to park temporarily while pursuing transitions into permanent housing. Based on reports from CAPSLO and the Police Department, the program is achieving success towards transitioning vehicle dwelling individuals into permanent housing while mitigating adverse health and safety impacts of vehicle dwelling on public streets. On October 2, 2012, Council received a presentation on CAPSLO’s safe parking pilot program, including its operations, participant success, and lessons learned through the initial months of operation. At that meeting, Council extended the pilot program for an additional six month period and directed staff to develop amendments to the Municipal Code to allow safe parking facilities at additional compatible locations. The resolution continuing the suspension of enforcement at 43 Prado Road is included as Attachment 2 and the meeting minutes from this item are included as Attachment 3. DISCUSSION The City’s Municipal Code limits or prohibits residential occupancies of vehicles on both private and public (i.e. streets, public parking lots, parks, etc.) property. No exception to the restriction on public property is proposed. However, the Safe Parking Ordinance would provide a limited exception to allow safe parking facilities on private property in certain zoning districts subject to performance standards and permit requirements (Attachment 4 – Text amendments). These standards and requirements are designed to achieve the City’s goals of promoting transition to permanent housing and mitigation of adverse impacts on neighborhoods and public streets through the provision of services by qualified service providers. Consistency with the San Luis Obispo Countywide 10-Year Plan to End Homelessness The San Luis Obispo Countywide 10-Year Plan to End Homelessness (10-Year Plan) lays out a vision that focuses on ensuring that everyone has access to affordable housing. The Safe Parking Ordinance is consistent with and implements Strategy 1.2 of the 10-Year Plan. This strategy seeks to increase the supply of short-term “interim” and transitional housing as a supplement, and not an alternative, to permanent supportive housing. Permanent housing should be provided “first” when possible and appropriate to the individual’s needs; interim and transitional housing should be used only as a stop gap measure for those in housing crisis. Interim housing should be linked with the community services centers and structured so that it connects clients with support services and a case management plan to help them move toward greater stability. PH1 - 2 GPI/ER 45-13 (Safe Parking Ordinance) Page 3 Implementation of the 10-Year Plan will close gaps in the continuum of care for homeless individuals and families and will link and improve the use of limited funding resources to achieve the plan goal of ending homelessness. The Homeless Services Oversight Council (HSOC) supports the establishment of safe parking programs for homeless in the County (Attachment 5). Case Studies In an effort to review best practices and lessons learned regarding safe parking programs, staff researched programs currently operating in the City/County of Santa Barbara, City of Ventura and City of San Diego. Staff contacted both the social service providers and jurisdictions to solicit specific input on what to consider in a local program, and how to craft a program with the best chances of success. The table below provides details of these operating programs and a comparison of key program elements with those required by the Safe Parking Ordinance. Program Details City/County of Santa Barbara City of Ventura City of San Diego City of SLO Safe Parking Ordinance Program Age (yr) 10 3 3 N/A Operator Social Service Provider Social Service Provider Social Service Provider Social Service Provider Program Size/# Vehicles 112 15 26 N/A # of Parking Lots 23 3 1 N/A Vehicles per Lot 1-15 3-5 26 Case-by-case basis1 Parking Lot Ownership Religious facility, business, government Religious facility Business Religious facility, business, government, Non-governmental organization City Residency Preference No Yes. Must show proof3 No Yes2,3 Vehicle Requirements4 Yes Yes No Yes Maximum Stay Unlimited 90 Days Unlimited Unlimited Case Management Required No Yes Yes Yes Background Check Case-by-case basis No Yes Yes5 1 Number of vehicles allowed at each safe parking facility location would be determined by the Planning Commission as part of the Use Permit review process on a case-by-case basis. 2 Social service providers shall give preference to those with proof of residency in San Luis Obispo County for a minimum period of six months within the last two years. 3 Evidence of residency may include, but not limited to, items such as rental agreements, mortgage, utility, hotel and medical facility bills, paystubs and intake from homeless service programs. 4 Vehicle requirements include current registration, insurance and license. 5 Prospective participants shall submit to a criminal history background check. Participant exclusion shall be determined by the social service provider on a case-by-case basis. PH1 - 3 GPI/ER 45-13 (Safe Parking Ordinance) Page 4 Safe Parking Ordinance The Safe Parking Ordinance seeks to balance community input with the need to provide expanded services and programs for those that want to transition into permanent housing (Attachment 4 – Text amendments). It incorporates community input by establishing specific permit requirements, performance standards and use permit considerations to ensure that safe parking facilities will be compatible with surrounding uses and effective at facilitating participants’ transition to permanent housing. There was a considerable amount of discussion regarding the proposal to allow unlimited stay. This detail was agreed upon as it was felt that because enrollment and participation in a program was a requirement, removing somebody from the program within a specific timeframe may not achieve the goal which was transition out of homelessness. The Safe Parking Ordinance is consistent with the 10-Year Plan, General Plan Housing Element policies and further the City’s 2013-15 Financial Plan Major City Goal: “Implement Comprehensive Strategies to Address Homelessness”. California Environmental Quality Act (CEQA) Summary In accordance with CEQA guidelines, staff prepared an Initial Study of Environmental Impact for the proposed Safe Parking Ordinance (Attachment 6 – Initial Study). The Planning Commission recommended that a Negative Declaration of Environmental Impact be adopted since the proposed Safe Parking Ordinance will not result in any significant environmental impacts (Attachment 7 – PC Resolution). The proposed Safe Parking Ordinance includes permit requirements and performance standards that address foreseeable impacts and safe parking facilities would be located within improved parking lot areas. Public Outreach The City contracted with Flint Strategies to provide public outreach assistance in the development of a public engagement plan and to identify key participants for the public outreach process. The outreach summary and survey results are included as Attachment 8. The primary goals of the Safe Parking Ordinance outreach effort were to: 1) Actively engage the diverse populations of the City in the discussions about a Safe Parking Ordinance and how safe parking facilities should be operated, located and managed. 2) Educate residents about the background and purpose of the Safe Parking Ordinance. 3) Ensure that all affected stakeholders including those representing homeowners, businesses, homeless individuals/families and social service/faith based organizations are actively involved in the process. Workshops and Meetings Staff facilitated two rounds of workshops and meetings (total of 12); the first in the fall of 2012 and the second in the spring of 2013. The first round was focused on gathering community input on how safe parking facilities should be operated, located and managed. The second round provided an opportunity for the community to review and comment on a proposed Safe Parking Ordinance. Online Survey Staff conducted an online survey, which was completed by 347 people between October and December 2012 (Attachment 8). The survey included a series of questions regarding how safe parking facilities should be operated, located and managed. Links were provided on the City’s PH1 - 4 GPI/ER 45-13 (Safe Parking Ordinance) Page 5 website and notifications were sent to approximately 5,000 residents, business owners and local organizations. The survey was also promoted via local news media with articles in The Tribune and New Times. Outreach Results Staff compiled feedback received from the workshops, meetings, other correspondence and online survey into three categories of criteria: program, location and operational. These categories were used throughout the public outreach process for consistency. The following is an overview of public feedback and comments received for each category, which have been incorporated into the Safe Parking Ordinance: Program Criteria • Require individualized case management • Give preference to individuals with ties to community • Require background checks • Maintain drug & alcohol free environment Location Criteria • Require use permit to address impacts on surrounding areas • Buffer residential areas • Number of vehicles at each site should be compatible with surrounding neighborhood density • Separation between safe parking sites • Locate sites near public transit Operational Criteria • Facilities managed by social service providers • Require restroom and trash facilities • Allow site flexibility (hours, number of vehicles, buffers) • Develop mechanism to respond to complaints (noise, trash, etc.) • Require monitoring and oversight (camera feeds, on-site presence, etc.) • Ensure appropriate lighting Human Relations Commission Action On June 5, 2013, the Human Relations Commission, on a 6-0 vote (Simon absent) recommended the Planning Commission recommend City Council approval of the Safe Parking Ordinance without modification (Attachment 9). Staff responded to questions from the Commission regarding the Safe Parking Ordinance. Six members of the public spoke on the item, including both past and present safe parking pilot program participants. Overall, comments received were in support of establishing a permanent safe parking program to address the growing community need for programs providing safe accommodations for individuals and families utilizing vehicles for temporary shelter in order to facilitate the transition to permanent housing. However, concerns were raised that the definition of “service provider” is too narrow and would unduly restrict the participation of churches and other non-profits that do not provide case management. Additionally, there was an assertion that the ordinance unduly impinges upon freedom of religion in violation of the state constitution’s free exercise clause and by limiting an avenue by which PH1 - 5 GPI/ER 45-13 (Safe Parking Ordinance) Page 6 religious organizations may utilize their properties to provide charity by allowing residential occupancies of vehicles on their properties. The definition of qualified social service provider who may avail themselves of the exception to the vehicle occupancy prohibition in the City is a matter of policy for the Council to consider. As to the legal issues referenced, the City Attorney has reviewed the concerns and advises that the courts evaluate the following factors in determining whether a governmental practice impermissibly interferes with the free exercise of religion: 1) The magnitude of the statute's impact on the exercise of the religious belief; 2) The existence of a compelling state interest justifying the imposed burden on the exercise of the religious belief; and 3) The extent to which recognition of an exemption from the statute would impede the state's objectives. Here, staff recommends that 1) there is a relatively minor, if any, burden on the exercise of religion, as the ordinance is not directed at religious organizations, as such, does not preclude religious organizations meeting provider criteria from providing services, and does not propose to regulate, restrict, prohibit or alter the current location, operation or practice of any religious organization in the City; 2) the City has compelling interests in facilitating the provision of safe parking services to assist homeless residents; in ensuring that the type of services contemplated are provided in a manner that does not adversely impact the health, safety and welfare of its residents; and in ensuring that the provision of services is conducted in the manner deemed most likely to achieve the City’s objectives of providing alternatives to involuntary homelessness, facilitating transition into permanent housing, connecting homeless individuals with supportive resources, and ending chronic homelessness in the City. Planning Commission Action On June 26, 2013, the Planning Commission unanimously recommended the City Council approve the Safe Parking Ordinance with minor revisions (Attachment 7). In summary, the revisions included language to address control of animals, use permit revocation, buffer from residential uses, provision for a restroom, water and trash plan, consideration of any future adopted good neighbor policy, and additional findings regarding consistency with the General Plan (Attachment 10). Five members of the public spoke on the item, including current safe parking pilot program participants. Comments received were in support of the Safe Parking Ordinance to establish a permanent safe parking program. FISCAL IMPACT A permanent safe parking program results in an on-going increase in annual funding support requested by the currently operating social service provider. Both the City and County contributed $8,750 each to support operation of CAPSLO’s safe parking pilot program for the first year. The City Council approved $10,000 for safe parking programs in fiscal year 2013-14 and $10,000 in fiscal year 2014-15. This funding amount was based on the marginal cost increase for the pilot program, approval of an expanded program during the 2013-15 Financial Plan period and the average cost per vehicle of other operating safe parking programs in the state. There are currently no proposals to expand the program and if additional proposals PH1 - 6 GPI/ER 45-13 (Safe Parking Ordinance) Page 7 materialize, an additional allocation of resources may be requested by proposing providers to support expansion of the program. City Council consideration of such a request would be appropriate considering this is an unbudgeted expense. ALTERNATIVES 1. The Council may modify the proposed amendments to the Municipal Code. Specific direction should be given to staff regarding any modifications. 2. The Council may continue action, if more information is needed. Direction should be given to staff regarding additional information or ordinance amendments required to prepare the item for further consideration and decision. ATTACHMENTS 1. Council Resolution No. 10342 (2012 Series) 2. Council Resolution No. 10401 (2012 Series) 3. October 2, 2012, City Council meeting minutes 4. Text amendments (Legislative Draft) 5. HSOC Resolution 6. Initial Study 7. PC Resolution No. PC-5583-13 8. Outreach summary and survey results prepared by Flint Strategies 9. HRC June 5, 2013, meeting minutes 10. PC June 26, 2013, meeting minutes 11. Letter of support from the San Luis Obispo Chamber of Commerce 12. Draft ordinance introducing the text amendments T:\Council Agenda Reports\2013\2013-02-05\CDBG 2013 Projects (Johnson-Corey)\CDBG CC 2013 Funding Recommendations.docx PH1 - 7 RESOLUTION NO . 10342 (2012 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO SUSPENDIN G ENFORCEMENT OF THE REQUIREMENTS OF SAN LUIS OBISPO MUNICIPA L CODE SECTION 17 .16 .015 FOR A PORTION OF 43 PRADO ROAD AN D AUTHORIZING A SAFE PARKING PILOT PROGRAM AT PRADO DAY CENTE R (43 PRADO ROAD) WHEREAS,the City Council of the City of San Luis Obispo conducted a public hearin g in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on Marc h 20, 2012, for the purpose of considering a safe parking pilot program to allow overnight sleepin g in vehicles at the Prado Day Center at 43 Prado Road ; an d WHEREAS,the City's Municipal Code, 17 .16 .015 prohibits sleeping in vehicles except in lawfully operated mobile home parks, travel trailer parks, or campgrounds ; and 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 to establish a safe parking pilot program at th e Prado Day Center ; an d WHEREAS,the established homeless services program and facilities at the Prado Da y Center is an appropriate location for a temporary pilot program to accommodate people sleeping in vehicles overnight as temporary shelter ; an d 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 . R 10342 Attachment 1 PH1 - 8 Resolution No . 10342 (2012 Series) Page 2 4 . As conditioned, a safe parking pilot program within the parking area for the Prado Da y Center, as show on Exhibit A, is a logical addition to the homeless services currently provide d and managed by CAPSLO . SECTION 2.Conditions .The City Council hereby authorizes the Prado Day Center t o operate a safe parking pilot program at 43 Prado Road in the location specified in Exhibit A an d subject to the following conditions : 1.The pilot program shall be valid only for the Prado Day Center parking area located at 4 3 Prado Road and only as shown on attached Exhibit A . 2.The pilot program shall be valid for a six (6) month period from the date of program implementation . 3.The number of vehicles allowed to participate in the pilot program shall be limited to fiv e 4.Pilot program participants must be enrolled in programs to facilitate the transition t o more permanent housing and paired with a case manager . 5.Restroom facilities shall be provided by CAPSLO . 6.No drugs or alcohol may be contained in program vehicles or possessed or consumed o n City property . 7.No weapons or firearms of any kind may be contained in program vehicles or used o r possessed on City property at 43 Prado Road . 8.No fires of any kind shall be permitted on City property . 9.No music may be played that is audible outside vehicles . 10.No cooking or food preparation shall be performed outside of the participant's vehicle . 11.Camping tarps or equipment beyond the top of the vehicle are prohibited . 12.Only one vehicle is allowed per participant or household at the site . 13.A monitoring and oversight program shall be provided to the City prior t o commencement of the pilot program . 14.Provide program hours . Attachment 1 PH1 - 9 Resolution No . 10342 (2012 Series ) Page 3 15 . Provide a site plan with the following information : a.Location of trash and recycling bin s b.Location of restroom facilitie s c.Parking plan d.Any lighting or security facilitie s 16 . Program participants shall possess a current driver's license, vehicle registration, and insurance for the vehicle that will be parked in the designated space . CAPSLO shall keep a cop y of all three on record . 17 . CAPSLO shall provide a recognizable parking permit for vehicles registered in th e program . This will assist CAPSLO staff and police officers to recognize vehicles which ar e authorized to participate in the program . 18 . Utilities such as water, electricity or gas shall not be connected with RVs or other vehicles . 19 . Vehicles may only be occupied by clients and approved registered household members . Guests shall not be allowed . 20 . Program participants and all household members who will be staying in vehicle must sig n an indemnification and waiver indemnifying and waiving all claims or causes of action agains t the City, including relocation benefits . The City will provide a standard indemnification an d waiver form . 21 . Program participants shall keep barking dogs in their vehicles and dogs demonstratin g aggressive behavior shall not be permitted to be maintained on City property . Pets shall be kep t on a leash at all times on the property . Animal waste shall be picked up immediately and disposed of properly . 22 . Program participants shall comply with all applicable local, state, and federal laws, rule s and regulations . 23 . Failure of program participants to follow all program rules will result in termination fro m the program . 24 . Program rules shall be distributed to all program participants . SECTION 3 .Suspension of Municipal Code Enforcement .In order to facilitate the operation of the pilot program, the City Council hereby suspends enforcement of Sectio n 17 .16 .015 of the City of San Luis Obispo Municipal Code prohibiting the use of a recreationa l vehicle as a dwelling unit as it applies to the City property located at 43 Prado Road, as shown i n Exhibit A . Enforcement of Section 17 .16 .015 on this property shall be suspended only for suc h time period as the pilot program is authorized by the City to operate and enforcement shal l resume at such time as the pilot program is terminated . Attachment 1 PH1 - 10 Resolution No . 10342 (2012 Series ) Page 4 SECTION 4 .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 implement the saf e parking pilot program at the Prado Day Center . On motion of Council Member Ashbaugh, seconded by Council Member Carter, an d on the following vote : AYES : Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpente r and Mayor Mar x NOES : Non e ABSENT : Non e the foregoing resolution was passed and adopted this 20th day of March 2012 . ATTEST : Elaina Can o City Clerk Attachment 1 PH1 - 11 Resolution No . 10342 (2012 Series ) Page 5 Exhibit A Attachment 1 PH1 - 12 RESOLUTION 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 Attachment 2 PH1 - 13 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 Attachment 2 PH1 - 14 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 Attachment 2 PH1 - 15 Council Resolution No. 10401 (2012 Series ) Page 4 Exhibit A Attachment 2 PH1 - 16 I I I City Council Meeting Minutes October 2, 2012 Page 5 82. SAFE SHELTER PILOT PROGRAM UPDATE AND DIRECTION FOR A SAFE SHELTER PARKING ORDINANCE. Community Development Director Johnson and Housing Programs Manager Corey presented the report and responded to Council questions. CAPSLO Program Manager. Dee Torres was available to participate and responded to Council questions. Public Comments Donald Hedrick, San Luis Obispo, spoke regarding various needs of the homeless. Adam Stowe, San Luis Obispo, spoke regarding the balance of human rights and public safety. Supports this item and wants to see it expanded to other areas. Kevin Rice, San Luis Obispo, reviewed his opinions regarding the issues. He supports an extension and wants to see it extended to other parking lots. Michelle Tasseff, San Luis Obispo, The Good Sam shelter in Santa Maria is a positive example and does have rules and regulations individuals must follow. A large number of the homeless are from outside the area and outside the state. She supports the Prado day center; the rules and the limited numbers in the lot; she stated that more study is needed before it is expanded. Bill Thoma, San Luis Obispo, asked the question, how do we distribute the parking lots through the City and put them close to services? He is in favor of continuing the program, but doesn 't want to see it expanded until further study is completed. Courtney Kienow, San Luis Obispo, representing the Chamber of Commerce, supports the efforts to expand the safe parking program in our community. There are difficult challenges to overcome and is hopeful the program can be a viable solution. Rev. Cy:nthia R. Eastman, San Luis Obispo, is appreciative of all the work the Council is performirtg on .this matter. Jason Heed, San Luis Obispo, Deputy Director at the Women's Shelter, homeless advoc~~e , commends the Council for their work. ---end of public comments--- Council discussion followed. Each Council Member expressed support for this project and appreciation of the work performed by Dee Torres and members of CAPSLO. Council discussed suggestions for proceeding forward, including management of the program, case management, residency requirements, background checks, prohibition of those who have been convicted of violent crime, and possible expansion locations. The following additional points were raised: Council Member Carter stated the three groups are valid and need to be addressed for their own needs. He felt it needs to be made clear to everyone what is expected of Attachment 3 PH1 - 17 City Council Meeting Minutes October 2, 2012 Page 6 people in this community, whether they live in a home or are homeless. Council Member Ashbaugh expressed his feelings that there needs to be a range of solutions. I He stressed that we need to find a way to empower people, not just manage them. Council Member Smith agreed with statements made by other Council Members and stated that we have drawn a lot of homeless to our community and are now dealing with the issues surrounding that. Vice Mayor Carpenter struggles with clumping all people in one category. He feels CAPSLO is doing an excellent job, but cannot stretch forever. Mayor Marx stated it would be foolish to think that expanding the safe shelter program would solve the problem in its totality; however, this is a significant step forward. ACTION: Motion by Council Member Ashbaugh I Council Member Smith to 1) Receive a presentation on Community Action Partnership of San Luis Obispo County, Inc. (CAPSLO) safe shelter pilot parking program and Adopt Resolution No. 10401 (2012 Series) to extend the temporary suspension of enforcement of Municipal Code Chapters 17.16.015 & 9.18 (Recreational vehicle as dwelling unit) at 43 Prado Road for an additional six months; and 2) Direct staff to develop amendments to Title 17 of the Municipal Code to allow a permanent safe shelter parking program. Roll Call Vote: 5-0. Motion Carried. COUNCIL LIAISON REPORTS AND COMMUNICATIONS Council Member Ashbaugh indicated that he represented the Council at the opening of Savor the Central Coast. He also distributed reusable bags outside of grocery stores on Saturday and Monday. ------------------------------------------------------------------------------------------------~------------------- There being no further business to come before the City Council, Mayor Marx adjourned the meeting at 9:53 p.m. · ' flk~~~ Maev · enned 1mes City Clerk APPROVED BY COUNCIL: 11/07/12 I I Attachment 3 PH1 - 18 17.08.115 Safe Parking. A. Purpose and Intent. Safe parking provides homeless individuals and families with vehicles a safe place to temporarily park overnight in order to facilitate the transition to permanent housing. The provisions set forth in this Section enable safe parking in certain zoning districts in the city subject to specific performance standards and permit requirements. These standards and requirements are intended to ensure that safe parking facilities will be compatible with surrounding uses and effective at facilitating participants’ transition to permanent housing. B. Definitions. 1. Safe Parking. A parking program, operated on property located outside of the public right-of- way and managed by a social service provider, that provides individuals and families with vehicles a safe place to park overnight while working towards a transition to permanent housing. 2. Social Service Provider. An agency or organization licensed or supervised by any federal, state or local health/welfare agency that participates in the federal Homeless Management Information System (HMIS) and has demonstrated experience with the homeless population by assisting individuals and families achieve economic self-sufficiency and self-determination through a comprehensive array of programs and actions. 3. Case Management. A system for arranging and coordinating care and services whereby a case manager assesses the needs of the client and client’s family and arranges, coordinates, monitors, and advocates for services to meet the client’s needs. 4. Self-Sufficiency Program. A program designed to assist individuals and families in meeting their basic needs and address any substance dependency and mental health issues so that they do not need to rely on emergency public or private assistance. 5. Background Check. A criminal records check from a variety of public sources that would provide information regarding an individual’s possible criminal history. C. Permit Required. 1.  Planning Commission Use Permit Required. The establishment of a safe parking use shall require Planning Commission Use Permit approval where allowed, consistent with Table 9. D. Application Requirements. Whenever a social service provider submits a Planning Commission Use Permit application for consideration, as a part of said application, sufficient information shall be submitted to the Community Development Department to determine whether the proposed safe parking facility complies with the provisions of this Section. In addition to the required Planning Commission application checklist items, the application shall include the following: 1. Site plan indicating the location of trash and recycling facilities, water, restroom facilities, exterior light fixtures, location and distances to residential properties, public transportation, and location of designated overnight parking spaces. 2. Hours of operation. 3. Monitoring and oversight program. 4. Neighborhood relations plan. 5. Sufficient information to determine that the applicant is a social service provider that is qualified to operate a safe parking program. 6. Any other information the Community Development Director may determine is necessary to ensure compliance with the provisions of this Section. E. Performance Standards. 1. Social Service Provider. Safe parking facilities shall be managed by a qualified social service provider, subject to the approval of the Community Development Director. Attachment 4 PH1 - 19 2. Case Management. Participants must be paired with a case manager and enrolled in a self- sufficiency program to facilitate the transition to permanent housing. 3. Background Check. Prospective participants shall submit to a criminal history background check. Participant exclusion shall be determined by the social service provider on a case-by- case basis. 4. Restroom, Water and Trash Facilities. Restroom, water and trash facilities shall be provided, maintained and accessible to participants during safe parking facility hours. 5. Residency Preference. Social service provider shall give preference to those with proof of residency in San Luis Obispo County for a minimum period of six months within the last two years. Evidence of residency may include, but not limited to, items such as rental agreements, mortgage, utility, hotel and medical facility bills, paystubs and intake from homeless service programs. 6. Buffer from Residential Use. Participant vehicles shall maintain a minimum buffer of 50 feet from any property that contains a residential use. Buffers less than 50 feet may be permitted through the use permit review process on a case-by-case basis when determined to be compatible with the neighborhood. Buffers greater than 50 feet may be necessary for neighborhood compatibility, which will be determined on a case-by-case basis as part of the Use Permit review process. 7. Authorized Vehicles Only. Social service provider shall ensure that only vehicles registered in the program are parked overnight during program hours. A parking permit shall be provided to all participants to be displayed in vehicle windows in a form to be approved by the Public Works Director. 8. Participant Information. At all times, the social service provider shall maintain a roster of the names and vehicle license numbers of each participant who is authorized to park overnight. 9. Written Agreement with Participants. Only participants who have entered into a written agreement with a social service provider shall be allowed to use parking spaces overnight. The written agreement between the social service provider and participant must include, but not limited to, the following terms and conditions: a. Only one vehicle is allowed per participant. b. At least one participant per vehicle shall possess a current driver’s license, vehicle registration, and insurance for the vehicle that will be parked overnight. Social service provider shall keep a copy of all three on record. c. Vehicles may only be occupied by participants and approved registered household members. Guests shall not be allowed. d. Participants shall not use or possess any drugs or alcohol either on their person or in their vehicle. e. Participants shall not use or possess any weapons or firearms of any kind in program vehicles. f. No fires of any kind shall be permitted. g. No music may be played that is audible outside participants’ vehicles. h. No cooking or food preparation shall be performed outside of the participants’ vehicles. Cooking inside vehicles is prohibited unless the vehicle was manufactured with cooking appliances. i. Camping tarps or equipment beyond the participant’s vehicle are prohibited. j. Participants shall maintain control of animals. Animals shall be kept on a leash at all times and animal waste shall be picked up immediately and disposed of properly. k. Participants shall not dump sewage or other waste fluids or solids, deposit excreta outside a vehicle, or park vehicles that leak excessive fluids (i.e. gasoline, transmission or radiator fluid, or engine oil). Attachment 4 PH1 - 20 F. Use Permit Considerations. Items to be determined by the Planning Commission as part of the Use Permit review process on a case-by-case basis shall include, but not limited to, the following: 1. Number of Vehicles Allowed. The total number of vehicles allowed at each safe parking facility location. 2. Hours of Operation. The days and hours of safe parking facility operation. 3. Separation between Facilities. Sufficient distance between existing and proposed safe parking facilities. 4. Neighborhood Relations Plan. A neighborhood relations plan shall be provided for each safe parking facility location to address any complaints in a timely manner, including consistency with any adopted Good Neighbor Policy. 5. Monitoring and Oversight. Monitoring and oversight shall be provided during safe parking facility hours. 6. Restroom, Water and Trash Facility Plan. A restroom, water and trash facility plan shall be provided and include the location, hours of availability and maintenance program for site facilities. G. Revocation of a Permit. The Use Permit can be referred to the Planning Commission if determined by the Community Development Director upon receipt of substantiated written complaints from any citizen, Code Enforcement Officer, or Police Department Officer, which includes information and/or evidence supporting a conclusion that a violation of the Use Permit, or of City ordinances or regulations applicable to the property or operation of the facility, has occurred. At the time of Use Permit review, to ensure compliance with applicable laws and conditions of Use Permit, conditions of approval may be added, deleted, modified, or the Use Permit may be revoked. 17.16.015 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, or safe parking facility, 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 Chapter 10.34. (Ord. 1584 § 3, 2012: Ord. 1484 § 14, 2005: Ord. 1277 § 5, 1995). Chapter 17.100: Definitions Safe Parking. A parking program, operated on private property and managed by a social service provider, that provides individuals and families with vehicles a safe place to park overnight while working towards a transition to permanent housing. Notes to Table 9: 13. Safe Parking. Safe parking is only allowed in the R-1, R-2, R-3 and R-4 zones when accessory to a public assembly use, such as a club, lodge, private meeting hall or religious facility. Safe parking is prohibited as a primary use in the R-1, R-2, R-3 or R-4 zones and in all applicable zoning districts on properties that contain residential uses as the primary use. Attachment 4 PH1 - 21 City of San Luis Obispo February 2012 Zoning Regulations TABLE 9 - USES ALLOWED BY ZONE Permit Requirement by Zoning District Specific use Land Use AGC/OSR1R2R3R4PFO (1)C-NC-CC-DC-RC-TC-SMBP Regulations AGRICULTURE Crop production and grazing AAA A DD Greenhouse, commercial PCPC Livestock feed lot PCPC INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING Bakery, wholesale AAPC DA Industrial research and development PCDD PCAAAA Laundry, dry cleaning plant AA Manufacturing - Heavy PCPC Manufacturing - Light DAA Petroleum product storage and distribution D Photo and film processing lab AA Printing and publishing AAA D D Recycling facilities - Small collection facility D D DA Storage - Personal storage facility AA Storage yard DA Warehousing, indoor storage AAPC Wholesaling and distribution AAPC LODGING Bed and breakfast inn D PCPC AAA Safe Parking PC(13)PC(13)PC(13)PC(13)PC PC PC PC PC PC PC PC PC 17.08.115 Homeless shelter PCPCAPCPCPCPCPCPCPCPC 17.08.110 Hostel PCPC AAA Hotel, motel AAA PC Recreational vehicle (RV) park accessory to hotel, motel PC Vacation Rental 17.22.G Key:A = Allowed D = Director's Use Permit approval required PC = Planning Commission Use Permit approval required A/D = Director's approval on ground floor, allowed on second floor or above Note:Footnotes affecting specific land uses follow the table. Page 83 Furniture and fixtures manufacturing, cabinet shop Laboratory - Medical, analytical, research, testing Recycling facilities - Collection and processing facility Recycling facilities - Scrap and dismantling yard Attachment 4 PH1 - 22 Attachment 5 PH1 - 23 Attachment 6 PH1 - 24 Attachment 6 PH1 - 25 Attachment 6 PH1 - 26 Attachment 6 PH1 - 27 Attachment 6 PH1 - 28 Attachment 6 PH1 - 29 Attachment 6 PH1 - 30 Attachment 6 PH1 - 31 Attachment 6 PH1 - 32 Attachment 6 PH1 - 33 Attachment 6 PH1 - 34 Attachment 6 PH1 - 35 Attachment 6 PH1 - 36 Attachment 6 PH1 - 37 Attachment 6 PH1 - 38 Attachment 6 PH1 - 39 Attachment 6 PH1 - 40 Attachment 6 PH1 - 41 Attachment 6 PH1 - 42 Attachment 7 PH1 - 43 Attachment 7 PH1 - 44 Attachment 7 PH1 - 45 Attachment 7 PH1 - 46 Attachment 7 PH1 - 47 Safe Parking Ordinance Outreach Summary October 2012-May 2013 Prepared by Flint Strategies for The City of San Luis Obispo Attachment 8 PH1 - 48 Safe Parking Ordinance Outreach Summary Prepared by Flint Strategies ii Table of Contents Safe Parking Ordinance Outreach Summary ..................................................................... 1 October 2012-May 2013 Prepared by Flint Strategies ..................................................... 1 Key Audiences ................................................................................................................. 2 Key Messages .................................................................................................................. 2 Strategies ......................................................................................................................... 3 Tactics ............................................................................................................................. 4 Online Survey ............................................................................................................... 4 Workshops ................................................................................................................... 4 Business Presentations .................................................................................................. 5 Outreach Results .............................................................................................................. 6 Program Criteria ........................................................................................................... 6 Location Criteria .......................................................................................................... 6 Operational Criteria ...................................................................................................... 7 Appendix Attachment 8 PH1 - 49 Safe Parking Ordinance Outreach Summary Prepared by Flint Strategies 1 Safe Parking Ordinance Outreach Summary October 2012-May 2013 Prepared by Flint Strategies for The City of San Luis Obispo The City of San Luis Obispo participated in the development of a County-wide regional 10-year plan to end homelessness, Path to a Home, that laid out a vision that focuses on ensuring that everyone has access to affordable housing. The Plan was endorsed by Council in January 2009 and is being used by the City, the County, and community partners to make appropriate decisions regarding how best to use housing and service resources to assist those in need. As of 2012, there were approximately 1,592 homeless in the City of San Luis Obispo. This number includes both children and adults. Of those, approximately 20% have been identified as people with a desire to actively participate in programs that can transition them out of homelessness. In February of 2012, Council approved a safe shelter pilot program at the Prado Day Center parking lot. The idea was to try a pilot program to be managed by Community Action Partnership of San Luis Obispo (CAPSLO) that would provide a safe place for those living in their vehicles to sleep provided they participate in case management and take an active role in working towards transitioning into permanent housing. The pilot program has operated at or near capacity and has been deemed a success. On October 2, 2012, the City Council directed staff to explore the development of an ordinance that would provide opportunities for safe parking and consider appropriate locations and management options. The City’s role is to provide appropriate zoning regulations and opportunities to facilitate the development of these safe parking facilities. Our outreach effort provided a framework for communitywide outreach efforts to help guide the development of the ordinance. The primary goals of this outreach effort were to: Attachment 8 PH1 - 50 Safe Parking Ordinance Outreach Summary Prepared by Flint Strategies 2 n Actively engage the diverse populations of the City in the discussions about a Safe Parking Ordinance and how safe parking facilities should be operated, located and managed ; n Educate residents about the background and purpose of the Ordinance; and n Ensure that all affected stakeholders including those representing homeowners, businesses, homeless individuals/families and social service/faith based organizations are actively involved in the process. Key Audiences The City identified several Key Audiences that were targeted as part of this outreach effort. Implementation of a Safe Parking Ordinance will likely come from non-profit and faith-based organizations and social service providers. These were all key audiences for this effort. We prepared comprehensive contact lists for all regional churches, non-profits and social services agencies that may have had an interest in providing services. We also worked closely with groups representing the interests of residents and businesses in the City including Residents for Quality Neighborhoods, San Luis Obispo Chamber of Commerce and the Downtown Association. We also contacted agencies and individuals representing the interests of the City’s homeless population. Our plan included outreach to this and other disadvantaged populations to ensure inclusion in the process. Finally, local news media provided a conduit to the community for information about local issues. Key Messages Key Messages guided the overall tone of this outreach effort and clarify the purpose of the Ordinance itself. Our Key Messages included: Attachment 8 PH1 - 51 Safe Parking Ordinance Outreach Summary Prepared by Flint Strategies 3 n The development of a Safe Parking Ordinance, implements strategies contained in the Countywide 10-year Plan to end homelessness, Path to Home, to transition homeless individuals and families into permanent housing. n The City’s role is to provide appropriate zoning regulations and opportunities to facilitate the establishment of these facilities - not manage homeless services programs or properties directly. n The City seeks to balance the concerns of residents and businesses with the need for homeless services for people who want to transition into permanent housing. n The City is working collaboratively with social service providers, homeless advocates, law enforcement and other agencies to develop an Ordinance with the best chance of success based on research examining other programs. Strategies Strategies are general approaches to be used as part of the Communications Plan. Tactics, which will be discussed later in this document, were the specific actions we took to implement the Plan itself. Strategies for this project included: n Leveraging existing and developing new relationships with non-profit organizations, social service agencies and faith-based organizations that serve homeless populations. n Leveraging partnerships with local community groups with direct interaction with homeless, senior and youth populations that may take advantage of services. n Developing a proactive media program to educate journalists about the purpose of the Ordinance. n Use electronic and social media to maximize engagement opportunities. n Meetings with small groups of stakeholders representing Key Audiences. Attachment 8 PH1 - 52 Safe Parking Ordinance Outreach Summary Prepared by Flint Strategies 4 n Focusing on solutions and strategies from municipal agencies, individuals and groups with proven success in similar programs. Tactics Online Survey The City conducted an online survey, which was completed by 347 people between October and December of 2012. Links were provided on the City’s website and splash page and notifications were sent to approximately 5,000 residents, business owners and local organizations. The survey was also promoted via local news media with stories placed in The Tribune and New Times. The survey results indicated strong support for case management and drug and alcohol free clients. The complete results are attached for your reference. Workshops Two rounds of workshops were held; the first in the fall of 2012 and the second in the spring of 2013. The first round was focused on gathering community input on how safe parking facilities should be operated, located and managed. The second round provided an opportunity for the community to review public input received and how it was incorporated into the Draft Ordinance. The workshops were tailored to individual group needs to allow for broad input: n General Public November 27, 2012 & April 15, 2013 Notification via news media, City website and eBlast to 5,000 residents. Each attended by 30-35 people. Attachment 8 PH1 - 53 Safe Parking Ordinance Outreach Summary Prepared by Flint Strategies 5 n Faith-based Organizations November 28, 2012 & April 16, 2013 Invitations to all faith based organizations in the City of San Luis Obispo and the surrounding area. These workshops were structured as brown bag lunch/roundtable discussions. n Social Service Providers November 28, 2012 & April 16, 2013 Invitations to CAPSLO and Prado Day Center Board Members and other regional social services providers. These workshops were structured as brown bag lunch/roundtable discussions. n Current and Potential Program Clients (Homeless Individuals) January 24 & April 16, 2013 This was a roundtable discussion at the Prado Day Center. (Clients participated without CAPSLO staff to ensure that their answers, comments and opinions would not be influenced by their case managers). n Residents for Quality Neighborhoods February 20, 2013 & May 15, 2013 Presentation and discussion with the RQN Board members. An additional roundtable workshop was held in the fall of 2012, our consultant and staff met with more than a dozen individuals who identified themselves as unwilling to participate in the program due to the requirements for case management. Business Presentations Representatives from the San Luis Obispo Chamber of Commerce and the San Luis Obispo Downtown Association were contacted and asked to participate in this process. Both groups preferred to meet with staff once the Draft Ordinance was developed and provide comments at that point. Presentations for each Board and members were held as follows: n San Luis Obispo Chamber of Commerce May 9, 2013 Attachment 8 PH1 - 54 Safe Parking Ordinance Outreach Summary Prepared by Flint Strategies 6 n Downtown Association May 14, 2013 Outreach Results Public feedback and comments received from the workshops, meetings, other correspondence and online survey were compiled into three categories of program, location and operational. These categories were used throughout the public outreach process for consistency. The following is an overview of the public feedback and comments received for each category. Program Criteria n Require individualized case management, n Give preference to individuals with ties to community, n Require background checks, and n Maintain drug & alcohol free environment. Individuals currently participating in the CAPSLO Safe Parking program were the most vocal in their support for the need for case management and an alcohol and drug free environment. Both were considered key to their ability to successfully transition into permanent housing. Location Criteria n Require use permit to ensure compatibility, n Buffer residential areas, n Number of vehicles at each site should be compatible with surrounding, neighborhood density, Attachment 8 PH1 - 55 Safe Parking Ordinance Outreach Summary Prepared by Flint Strategies 7 n Separation between safe parking sites, and n Locate sites near public transit. Members of the public and Residents for Quality neighborhoods expressed interest in establishing buffers between existing and proposed sites, and residential uses. There were also concerns expressed regarding how wide the City’s notification should be when considering a proposed site as part of the Planning Commission review. Operational Criteria n Facilities managed by social service providers, n Require restroom and trash facilities, n Allow site flexibility (hours, number of vehicles, buffers), n Develop mechanism to respond to complaints (noise, trash, etc.), n Require monitoring and oversight (camera feeds, on-site presence, etc.), and n Ensure appropriate lighting. Attachment 8 PH1 - 56 Safe Parking Ordinance Outreach Summary Prepared by Flint Strategies 8 Appendix Safe Parking Survey Analysis Report Attachment 8 PH1 - 57 SLO Safe Shelter Survey 1. Case management is expected to be a requirement of the Safe Shelter Ordinance. What components of case management do you support? (Check all that apply) Response Percent Response Count Managed savings plan/budget & financial counseling 68.8%238 Client must be and remain drug and alcohol abuse free 79.2%274 Client and Case Manager will develop goals toward permanent housing and self-sufficiency 89.9%311 Other (please specify) 58 answered question 346 skipped question 1 2. Should proof of community ties (family, previous residency etc.) be a requirement for participants? Response Percent Response Count Yes 29.6%102 No, but those with ties should be given priority or preference 53.3%184 No 17.1%59 Other (please specify) 18 answered question 345 skipped question 2 Attachment 8 PH1 - 58 3. Should people with a violent criminal conviction be allowed to participate? Response Percent Response Count Yes 3.5%12 Yes, on a case by case basis 65.2%221 No 31.3%106 Other (please specify) 33 answered question 339 skipped question 8 4. Should the Police Department conduct background checks to verify participant eligibility? Response Percent Response Count Yes 37.4%129 Yes, on a case by case basis 48.4%167 No 14.2%49 answered question 345 skipped question 2 Attachment 8 PH1 - 59 5. Where should Safe Shelter facilities be located? (Click all the apply) Response Percent Response Count At a church or non-profit facility in a residential area 32.2%100 At a church or non-profit facility in a non-residential area 78.1%243 In business/industrial areas 49.8%155 In government and public facility areas 62.1%193 Other (please specify) 67 answered question 311 skipped question 36 6. What is your opinion of Safe Shelter Programs and what are your ideas and/or concerns? Response Count 235 answered question 235 skipped question 112 Attachment 8 PH1 - 60 7. Please check all that apply. Response Percent Response Count I am resident of the City of San Luis Obispo 88.0%301 I work in the City of San Luis Obispo 54.4%186 I own a business in San Luis Obispo 15.5%53 I am a student at Cal Poly 5.3%18 answered question 342 skipped question 5 8. Please indicate your age. Response Percent Response Count 18-25 8.7%30 26-45 34.4%119 46-65 37.3%129 65+19.7%68 answered question 346 skipped question 1 Attachment 8 PH1 - 61 9. Please indicate whether you own or rent your home. Response Percent Response Count Own 64.8%221 Rent 35.2%120 answered question 341 skipped question 6 10. Please indicate your employment status. Response Percent Response Count Employed 67.7%235 Retired 22.2%77 Student 4.9%17 Currently not working 5.2%18 answered question 347 skipped question 0 Attachment 8 PH1 - 62 Attachment 9 HUMAN RELATIONS COMMISSION (HRC) MINUTES REGULAR MEETING June 5, 2013 5:00 p.m. 990 Palm St – Council Chambers CALL TO ORDER: 5:00 PM PRESENT: Chairperson: Hillary Trout; Vice Chairperson: Louise Matheny Commissioners: Robert Clayton, Janet Pierucci, John Rollefson, Ronald Tilley, Hillary Trout ABSENT: Ivan Simon STAFF PRESENT: Greg Zocher, Human Resources Manager; Tyler Corey, Housing Programs Manager CONSIDERATION OF MINUTES: ACTION: Moved by Matheny/Pierucci to approve the minutes of May 1, 2013 as submitted; motion carried 6:0. ______________________________________________________________ PUBLIC COMMENT No public comment for items not on the agenda. BUSINESS ITEMS Item 1. DRAFT SAFE PARKING ORDINANCE (COREY) Corey presented the draft ordinance and the commissioners discussed. Public Comment was received from the following community members: Barbara and Susan - Clients of Prado Day Center Alicia Nowicki and Heinz Huebner - Hope’s Village Stew Jenkins - Resident Mary Lou Zivna - CAPSLO ACTION: Moved by Clayton/Matheny to support the draft ordinance as presented; motion carried 6:0. PH1 - 63 Attachment 10 PH1 - 64 Attachment 10 PH1 - 65 Attachment 10 PH1 - 66 Attachment 10 PH1 - 67 June 3, 2013 City Council City of San Luis Obispo 990 Palm St. San Luis Obispo, CA 93401 Subject: City of San Luis Obispo Safe Parking Program Dear City Council Members, The San Luis Obispo Chamber of Commerce wishes to state its support for the continued development of the City’s draft Safe Parking Program ordinance. We are pleased to hear that the current pilot program has demonstrated success in providing homeless individuals and families that have vehicles a regulated place to temporarily park overnight, and that some participants have moved into more permanent housing. The Chamber is in favor of key principles outlined in the draft Safe Parking Program ordinance, including requirements of client case management, background checks, an alcohol and drug-free environment and a preference for prioritizing local residents for admittance into the program. The Chamber also recommends that time limits for participation be considered as an important requirement of the program. We recognize that the Safe Parking Program is just one of the tools that the City has identified to help transition individuals and families into permanent housing and we encourage further development of the program. We do urge that any proposed expansion of the program from Prado Day Center to new sites be carefully considered and occur with surrounding neighborhood input. Thank you for your consideration. Sincerely, Charlene Rosales Director of Governmental Affairs Cc: Derek Johnson, Community Development Director Tyler Corey, Housing Programs Manager Greg Zocher, Human Resources Manager Attachment 11 PH1 - 68 Attachment 12 ORDINANCE NO. (2013 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE (GPI/ER 45-13) WHEREAS, the Human Relations Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 5, 2013, and recommended approval of the Negative Declaration of Environmental Impact and amendments to Title 17 (Zoning Regulations) of the Municipal Code; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 26, 2013, and recommended approval of the Negative Declaration of Environmental Impact and amendments to Title 17 (Zoning Regulations) of the Municipal Code; and WHEREAS, staff facilitated 12 workshops and meetings with the general public, faith- based organizations, social service providers, homeless individuals, Residents for Quality Neighborhoods, San Luis Obispo Chamber of Commerce and San Luis Obispo Downtown Association to gather community input on how safe parking facilities should be operated, located and managed; and WHEREAS, enacting ordinance provisions to accommodate safe parking facilities will not result in any significant environmental impacts because the proposed amendments include permit requirements and performance standards that address foreseeable impacts and safe parking facilities would be located within improved parking lot areas; and WHEREAS, the City Council has considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. The City’s streets and other non-exempted public and private areas within the City are ill-suited to support vehicular residential occupancies not only for the residents establishing such illegal uses, but also for the general public 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 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 PH1 - 69 Ordinance No. (2013 Series) Attachment 12 Page 2 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, and public urination and defacation; 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. 2. Some of the adverse impacts in areas where unpermitted 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 and/or intoxication, obstruction of vehicular or pedestrian passage on both public and private property; 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. 3. There is a growing community need for programs providing safe accommodations for individuals and families utilizing vehicles for temporary shelter in order to facilitate the transition to permanent housing and to minimize the proliferation of unsafe and/or illegal vehicular occupancies on public and private property not structured, staff or supervised to support such uses. 4. The Council’s primary objectives in allowing a narrow exception to the City’s generally applicable limitations and prohibitions on overnight camping and the use of vehicles as living or sleeping quarters are: to provide alternatives to involuntary homelessness; to facilitate transitions from homelessness into permanent housing; to connect homeless individuals with supportive resources; and to end chronic homelessness in the City. 5. Based on evidence and testimony presented to and considered by the Council in study sessions, public workshops and hearings relating to issues of homelessness and safe parking programs, and throughout the course of its consideration of the safe parking pilot program up to an including the hearing on to consider this ordinance, the Council concludes that a safe parking program administered by a qualified service provider and linked to case management and other supportive services is the best and most effective means by which to achieve its objectives while avoiding potentially adverse health safety and welfare impacts of vehicular dwellings on the citizens of the City. 6. The proposed amendments are consistent with Housing Element Policy 1.1, which directs the City to assist those citizens unable to obtain safe shelter on their own. 7. The proposed amendments will advance a key component of the goal to provide a form of transitional housing consistent with Housing Element Policy 8.9, which supports continued efforts to implement the document “The Path Home: San Luis Obispo County’s 10 Year Plan to End Chronic Homelessness”. 8. The proposed amendments will further the City’s 2013-15 Financial Plan Major City PH1 - 70 Ordinance No. (2013 Series) Attachment 12 Page 3 Goal: “Implement Comprehensive Strategies to Address Homelessness”. SECTION 2. Environmental. The City Council does hereby adopt a Negative Declaration of Environmental Impact (ER 45-13). SECTION 3. Chapter 17.08.115. Safe Parking. A new Zoning Regulations chapter is hereby added to the City of San Luis Obispo Municipal Code: 17.08.115 Safe Parking. A. Purpose and Intent. Safe parking provides homeless individuals and families with vehicles a safe place to temporarily park overnight in order to facilitate the transition to permanent housing. The provisions set forth in this Section enable safe parking in certain zoning districts in the city subject to specific performance standards and permit requirements. These standards and requirements are intended to ensure that safe parking facilities will be compatible with surrounding uses and effective at facilitating participants’ transition to permanent housing. B. Definitions. 1. Safe Parking. A parking program, operated on property located outside of the public right-of-way and managed by a social service provider, that provides individuals and families with vehicles a safe place to park overnight while working towards a transition to permanent housing. 2. Social Service Provider. An agency or organization licensed or supervised by any federal, state or local health/welfare agency that participates in the federal Homeless Management Information System (HMIS) and has demonstrated experience with the homeless population by assisting individuals and families achieve economic self- sufficiency and self-determination through a comprehensive array of programs and actions. 3. Case Management. A system for arranging and coordinating care and services whereby a case manager assesses the needs of the client and client’s family and arranges, coordinates, monitors, and advocates for services to meet the client’s needs. 4. Self-Sufficiency Program. A program designed to assist individuals and families in meeting their basic needs and address any substance dependency and mental health issues so that they do not need to rely on emergency public or private assistance. 5. Background Check. A criminal records check from a variety of public sources that would provide information regarding an individual’s possible criminal history. C. Permit Required. 1. Planning Commission Use Permit Required. The establishment of a safe parking use shall require Planning Commission Use Permit approval where allowed, consistent with Table 9. D. Application Requirements. Whenever a social service provider submits a Planning Commission Use Permit application for consideration, as a part of said application, sufficient information shall be submitted to the Community Development Department to determine whether the proposed safe parking facility complies with the provisions of this Section. In addition to the required Planning Commission application checklist items, the application shall include the following: 1. Site plan indicating the location of trash and recycling facilities, water, restroom facilities, exterior light fixtures, location and distances to residential properties, public PH1 - 71 Ordinance No. (2013 Series) Attachment 12 Page 4 transportation, and location of designated overnight parking spaces. 2. Hours of operation. 3. Monitoring and oversight program. 4. Neighborhood relations plan. 5. Sufficient information to determine that the applicant is a social service provider that is qualified to operate a safe parking program. 6. Any other information the Community Development Director may determine is necessary to ensure compliance with the provisions of this Section. E. Performance Standards. 1. Social Service Provider. Safe parking facilities shall be managed by a qualified social service provider, subject to the approval of the Community Development Director. 2. Case Management. Participants must be paired with a case manager and enrolled in a self-sufficiency program to facilitate the transition to permanent housing. 3. Background Check. Prospective participants shall submit to a criminal history background check. Participant exclusion shall be determined by the social service provider on a case-by-case basis. 4. Restroom, Water and Trash Facilities. Restroom, water and trash facilities shall be provided, maintained and accessible to participants during safe parking facility hours. 5. Residency Preference. Social service provider shall give preference to those with proof of residency in San Luis Obispo County for a minimum period of six months within the last two years. Evidence of residency may include, but not limited to, items such as rental agreements, mortgage, utility, hotel and medical facility bills, paystubs and intake from homeless service programs. 6. Buffer from Residential Use. Participant vehicles shall maintain a minimum buffer of 50 feet from any property that contains a residential use. Buffers less than 50 feet may be permitted through the use permit review process on a case-by-case basis when determined to be compatible with the neighborhood. Buffers greater than 50 feet may be necessary for neighborhood compatibility, which will be determined on a case-by-case basis as part of the Use Permit review process. 7. Authorized Vehicles Only. Social service provider shall ensure that only vehicles registered in the program are parked overnight during program hours. A parking permit shall be provided to all participants to be displayed in vehicle windows in a form to be approved by the Public Works Director. 8. Participant Information. At all times, the social service provider shall maintain a roster of the names and vehicle license numbers of each participant who is authorized to park overnight. 9. Written Agreement with Participants. Only participants who have entered into a written agreement with a social service provider shall be allowed to use parking spaces overnight. The written agreement between the social service provider and participant must include, but not limited to, the following terms and conditions: a. Only one vehicle is allowed per participant. b. At least one participant per vehicle shall possess a current driver’s license, vehicle registration, and insurance for the vehicle that will be parked overnight. Social service provider shall keep a copy of all three on record. c. Vehicles may only be occupied by participants and approved registered PH1 - 72 Ordinance No. (2013 Series) Attachment 12 Page 5 household members. Guests shall not be allowed. d. Participants shall not use or possess any drugs or alcohol either on their person or in their vehicle. e. Participants shall not use or possess any weapons or firearms of any kind in program vehicles. f. No fires of any kind shall be permitted. g. No music may be played that is audible outside participants’ vehicles. h. No cooking or food preparation shall be performed outside of the participants’ vehicles. Cooking inside vehicles is prohibited unless the vehicle was manufactured with cooking appliances. i. Camping tarps or equipment beyond the participant’s vehicle are prohibited. j. Participants shall maintain control of animals. Animals shall be kept on a leash at all times and animal waste shall be picked up immediately and disposed of properly. k. Participants shall not dump sewage or other waste fluids or solids, deposit excreta outside a vehicle, or park vehicles that leak excessive fluids (i.e. gasoline, transmission or radiator fluid, or engine oil). F. Use Permit Considerations. Items to be determined by the Planning Commission as part of the Use Permit review process on a case-by-case basis shall include, but are not limited to, the following: 1. Number of Vehicles Allowed. The total number of vehicles allowed at each safe parking facility location. 2. Hours of Operation. The days and hours of safe parking facility operation. 3. Separation between Facilities. Sufficient distance between existing and proposed safe parking facilities. 4. Neighborhood Relations Plan. A neighborhood relations plan shall be provided for each safe parking facility location to address any complaints in a timely manner, including consistency with any adopted Good Neighbor Policy. 5. Monitoring and Oversight. Monitoring and oversight shall be provided during safe parking facility hours. 6. Restroom, Water and Trash Facility Plan. A restroom, water and trash facility plan shall be provided and include the location, hours of availability and maintenance program for site facilities. G. Revocation of a Permit. The Use Permit can be referred to the Planning Commission if determined by the Community Development Director upon receipt of substantiated written complaints from any citizen, Code Enforcement Officer, or Police Department Officer, which includes information and/or evidence supporting a conclusion that a violation of the Use Permit, or of City ordinances or regulations applicable to the property or operation of the facility, has occurred. At the time of Use Permit review, to ensure compliance with applicable laws and conditions of Use Permit, conditions of approval may be added, deleted, modified, or the Use Permit may be revoked. SECTION 4. Chapter 17.16.015. Recreational vehicle as dwelling unit. of the City of San Luis Obispo Municipal Code is amended to read as follows: 17.16.015 Recreational vehicle as dwelling unit. PH1 - 73 Ordinance No. (2013 Series) Attachment 12 Page 6 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, campground, or safe parking facility, 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 Chapter 10.34. (Ord. 1584 § 3, 2012: Ord. 1484 § 14, 2005: Ord. 1277 § 5, 1995). SECTION 5. Chapter 17.100.”S”. Safe Parking. A new Zoning definition is hereby added to the City of San Luis Obispo Municipal Code: Safe Parking. A parking program, operated on private property and managed by a social service provider, that provides individuals and families with vehicles a safe place to park overnight while working towards a transition to permanent housing. SECTION 6. Chapter 17.22.010. Table 9 – Uses Allowed by Zone. Notes to Table 9: 13. Safe Parking. is hereby added to the City of San Luis Obispo Municipal Code: 13. Safe Parking. Safe parking is only allowed in the R-1, R-2, R-3 and R-4 zones when accessory to a public assembly use, such as a club, lodge, private meeting hall or religious facility. Safe parking is prohibited as a primary use in the R-1, R-2, R-3 or R-4 zones and in all applicable zoning districts on properties that contain residential uses as the primary use. SECTION 7. Chapter 17.22.010. Table 9 – Uses Allowed by Zone. Residential Uses. of the City of San Luis Obispo’s Municipal Code is hereby amended to read as follows: LODGING Bed and breakfast inn D PCPC AAA Safe Parking PC(13)PC(13)PC(13)PC(13)PCPCPCPCPCPCPCPCPC 17.08.115 Homeless shelter PCPCAPCPCPCPCPCPCPCPC 17.08.110 Hostel PCPC AAA Hotel, motel AAA PC Recreational vehicle (RV) park accessory to hotel, motel PC Vacation Rental 17.22.G SECTION 8. 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 9. 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. Upon motion of , seconded by , and on the following vote: PH1 - 74 Ordinance No. (2013 Series) Attachment 12 Page 7 AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this 3rd day of September, 2013. ____________________________________ Mayor Jan Marx ATTEST: ____________________________________ Sheryll Schroeder Interim City Clerk APPROVED AS TO FORM: _____________________________________ Christine Dietrick City Attorney PH1 - 75 Page intentionally left blank. PH1 - 76 Goodwin, Heather From: Sent: To: Subject: Attachments: Schroeder, Sheryll Tuesday, September 03, 2013 8:00 AM Goodwin, Heather FW: SLOMC 77.16.0L5, Sept. 3, 20L3 agenda item PH-L Jenkins letter re PH-L on 9-3-13 agenda.pdf RE stP 0 I 2013 S LE AGENDA CORRESPONDENCESheryll Schroeder lnterim City Clerk City of San Luis Obispo (g}sl'781.-7tO2 -----Origina I Message----- From: Stewart Jenkins [mailto:info @stewienkins.com] Sent: Sunday, September 01.,2073 5:42 PM To: Ashbaugh, John; Marx, Jan; Carpenter, Dan; Smith, Kathy; Dietrick, Christine; Schroeder, Sheryll; Christianson, Carlyn Subject: SLOMC 17.L6.015, Sept. 3,2013 agenda item PH-1 Regarding SLOMC 17.1.6.015, Sept,3,20L3 agenda item PH-1 Dear Mayor Marx and Council Members: Attached to this note is a pdf of my September 1-,20t3,letter providing public comment urging you to take action to a mend 17 .1.6.01.5 and related ordina nces; and to decline to introd uce or adopt the proposal set forth in agenda items PH-L set for discussion and potential council action on 9-3-1.3. Allthe Best, Stew Jenkins Law Office of Stew Jenkins 1336 Morro Street San Luis Obispo, CA 93401 Phone: (805) 541-5763 Fax: (805) 547-1608 Email: info@stewienkins.com Web: www,stqwienkins.com 1 Srr,v Jr,rurclNs ArronNEy (Fàm;/! '{*n, & '"€,tratu //nnniny 1336 Morro Strcot¡ San Lu¡s Ob¡spo çA 93401 Phone (805) 541"57e3 FAX: (808) s47-1ôOt Septerlber l, ?013 Mayor Marx Council Menrbers Ashbaugh, Srnith, Clristianson & Carpenter: Cliry Hall, 990 Palm Strcet sarr Luis obispo, cA 93401 By Ëmail9-l-13; [-lan<] Delivery 9-3-t3 ç:qljç"t¡lsuD"¡LtcLt};rL:g:rçuJ:.r:xc!(4,s"lqç-itysr:g Ilefèrencc: Septenrber 3, Z0I3 in double speak "Saf'e Parking" Proposal " Agenda ilem PH-l Dear Mayor Marx & Council Members, My fì'iends, you are consirìerirrg a proposal tcl amencl san Luis Obispo MunicipalCocle lT.l6.0l5, 'l'his ordinancc. originally adoptccl to prcvent deve lo¡tment o/'ren|al rrri /.r withouf sewer, electrical or çther ttecessilies tlrough ilermalìent RVs, Carnpe¡s and Molorhornes on rcsidential o¡ çonlnercial lots is so poclrly worded that it sweeps in Constitutionally protectecl riglrts of Americans [whether incJividuals, co4rorations, or religious organizations-1. The ordinance makes it a crime to give the charity of a fiee place to sleep lbr the horllclcss or l.he waylarer rvho has a vehicle ancl it makes it a crirne ftrr lhe homeless or the rvayfìrrër to accÇpt that charity, Ploposecl ame¡rdment of SLOMC 17,100 further obstructs inclividual rights, Commerce: 'llhe City of San I,uis Obispo gains significant economic benefìts fr'onr its position sitting on tlie one interscction and choke holcl south of the Golclen Gate Bridge fbr both major north-south coastal Fcclerally funclecl hìglrr,vays, Calilbmia Route l and U,s, Highrvay l0l , Poor people hâvç ¿r right to travel seeking employnrent, public services, or even a survivable climate. Bus, Big Rig Sleeper, and RVs drivers have a right to lravel under the Commerce Cìlause; including the right to sleep in their vehiclcs at need. The California Vehicle Cocìe ancl l)epartment ofì1ìransportation Regulations pre-empr SLOMC 17.16.015. Yet, this orclinance's wording is so broad and the exception created by PH-l is so narrow that it ¿rutlrorizes the City's Police, Codc Enfbrcement, and clther ofl-rcers to charge the private lancl owner outsiclc clf'rcsiclenlial zoûes, and the vehicle occupants stayitg.for.fiu¿, both with a criminal misdemeanor [ó months in the county jail, ancl $ 1,000 fincl fbr each day (or uight) that the vehiclE is parkecl while occupiecl (eve¡ Iùr an hour of tirrre) by its inhabitanr. Religious l'reedom: Clo¡rgress shall make no lsrv respecting an eslablisllment cif religion, or ¡:rohibiting the fiec exercise thereofì(First Amenclmenl, U.S. Constitution). Via the 14'r'Amendtnent this limitation c¡n legislrrlive power now applies to every state and every subdivisic¡n of a state (like a City). Calífbrnia Constitution, Article I, $$ I & 2 provide even more protection <lf individuals, organizations, and corporations. l3y clrarvrng into ils wide sweep a land owner charitably allowing someone to s.leep in thcir vehicle on private property vt'ilhout chttrgc, ordinance 17.16.015 prohibits the frcc exercise of the lancl owner's reltgious trlandates to help the neecly; ancl prohibits the neecly persou's right to accept that charity, seek safÞty, happiness atrd ¡rrotection of their o\ryn meager properly, Lly reqr,riring that within a resjdential zone n land owner's religious obligations f o the needy ca:n only be provided if controlle<l by an unrelated Ciry tltc¡s'en organizaticttt (CAPSLO per t.he staff reporl) the City is making an cstablishment of religion. 'l'akings; By reclu irìng the land owner to turn over private property to a C'ity cltt¡scn entily (whioli qther {rutity is given a nronopoly by the City of authority to apply lbr the permit, and tlien given authority fbr the use. eontrol, and managemerrt of the private property) in order to givc cfibct to the land (iwrìer's personal rcligious ancl charitalrle goals, thc City is engaged in a taking of that private propcrly withc¡ut ccu'npeusafion, Since lhis applics to every parcel within the City, it js diflicult to corrrprelrencl ths sizc of'tlie liability PI I- I ancl related enf"orcerÌent ol<¡rdinance 1'7.16.()15 willinipose on the City's l'uture lru<Jgets. General Problems:'l'he lrroad sweep of the ordinancc, thc City's statutory sclìeme, ancl poÌicies unclerlying and clefìning the lerms of the ordinance set tbfth in the stafïreport, nrake it exprcssly violative of rire JburTh, fìfth, eightli, thirteerrth atrd fouflcenth Alnendments to the Unitecl States Constitution, 'l'hc vague and ambiguous provisions and unlèttered discretion in who ancl how the "quality of litè crirnss" will tre apptiecl iìrÍher cletnonstrate that the enfotcement of the orclinance will be violative of thc fburth, lrtih, ciglrtlr, thirtccnlh and tbufleenth Amenclnrents to the Unitecì States Constitution. I urge you to revise the resolulion bcing consiclcrecl on agencla item P].1- I to: I ) IÌntirely atrcl pennancntly suspencl ordiu.an<;e nur¡rber I 7.16.01 5 nrl San Luis Obispo City privatc property where the property o\ryner is not charging a I'cc or any rcnt to the indiviclual(s) inhabiting or slccping in the vehicle(s) acldressed in the ordinance;2) Direct the City ,Attomey to clisrniss auy currently pendíng citations, chalgcs, ct:urt cases, ancl proscct"ttiotts tlf viol¿tions of that orclinance brought against either the laucl clwlrer or lhc vchicle occupetnt(s) in Lhose circurnstances where no lèe ol renl is chargecl;3) Reject PH-l to send it back for re-write so that it removes the requircmenl that a lancl owner must turn over propefty fi:r pennitting and manngement to nny other cntity.4) Place on the agenda f'or adoption a measure to anrend 17.16.01 5 ancl any other related orclinances to remove all civil and criminal penalties tbr land o\Mrì€rs who clo not charge any lèe or renl to lhose sleeping or inhabiting a vehicle on their land. -'I.rtctts ¡toertitenliu.e" is in the Law the point of repentânce; a rnorlent when a wrons can be r:allccl back bofbre it is given firll efftct. SLOMC 17,ì6.015 has been rarely enforced against private land owners, and in mclst itlstances it has bcen cnfbrced to stop a lancl owner who was charging rent, Rejecting agencla item PFI-l and sus¡rending/antenclitrg the operation o[ the ordinance(s) where t1o rnoney is charged by a privatc lancl owner wlro permits individuals to sleep, eat and take slrelter on private land will put the City in loc:u5 ¡71.¡c¡7¡¡cntiec. I urge you to reconsider thc City's clirection. Bach of you has gone into pr.rblic service to lrclp your ncighbors, Thc proposal hefìlre you is being solcl as helping your poorest neighbors. On the contrary by crirninalizing the ncedy, and [:v crirninalizing those who help the needy, ii pits neighbor against ne ighbor, antl pits tlre City agaittst its own residettts (rvhether poor, micldle-class or wcalthy), The funclarnental natr,lre of the issues irlvolvecl artl lhosc yor"r have laken an oath 1o su¡rport (to implcnrent) laicl down ir both the Califbrnia ancl LJ.S. C-'onstitutiorrs, I urge you to honor yclur oath. Jenkins C: Cìty Attorney, San Luis Obispo City Clerk, San [-.uis Obispo ' RECEIVED SEP 0 3 2013 Agcnc)A copmesponbencE LO CITY CLERK_ Cily of Lt is Obis =',,1,ao _ September 3, 2013 AGENDA CORRESPONDENCE TO: Mayor Marx & Members of the City Council �jl 1 i _! Dale_ � Iterr�# FROM: Derek Johnson. Community De lopment Director VIA: Katie Lichtig, City Manager SUBJECT: Safe Parking Ordinance Modifica ions Since the publication of the staff report, staff has received questions and correspondence indicating some misunderstanding of the objective of the safe parking ordinance, which this correspondence seeks to clarify. The City has enforced a prohibition on the use of vehicles for living or sleeping quarters on both public and private property not specifically zoned for that purpose since 1995. Those prohibitions were codified as San Luis Obispo Municipal Code ( SLOMC) Section 17.16.015, 17.08.010. In 2012, as part of a litigation settlement, the City removed the prohibition on such uses of public streets from its Zoning Code and subsequently adopted, as SLOMC Chapter 10.34, overnight parking regulations to address residential vehicular occupancies on public streets. The prohibition on residential uses of vehicles on private properties has continued unaltered as part of Sections 17.16.015 and 17.08.010. Additional findings are proposed to be added to the ordinance to clarify the current state of the City's prohibition on residential vehicular occupancies and highlight the liberalizing changes proposed by the ordinance before Council for consideration. The purpose of the proposed ordinance is to create an exception to the City's longstanding zoning prohibitions. The ordinance will liberalize and expand the properties within the City that would be permitted to accommodate residential vehicular occupancies. The intent of the ordinance is to balance the generally adverse impacts that have been associated with such occupancies in the City historically, with the Council's desire to allow the expansion of homeless services resources to address growing community needs. The ordinance proposes to balance those interests through the allowance of an otherwise prohibited use, but only under clearly defined conditions calculated to ensure that vehicular occupancies will be sited in appropriate locations and will be operated under the supervision of qualified providers. The ordinance proposes to expand the allowable uses of private properties within a broad spectrum of zoning categories. While not specifically addressed under the current ordinance, churches and religious institutions, as well as other assembly uses, in the zones where the use expansion is proposed, would have expanded, not more limited, opportunities for use of their properties. Thus, as has always been the case, churches and religious institutions will be treated equally with other uses in similar zones under the zoning provisions. Finally, staff wishes to clarify that an application for use of a property as a safe parking site requires the consent and voluntary participation of the property owner on which the site would be located. Thus, the ordinance has been revised to clarify that only a social service provider who owns property or property owners who are affiliated with a social services provider and are interested in voluntarily establishing a safe parking use on their properties can apply for a use permit. The City's ordinance does not intend to and does not require anything of any property owner who is not proactively seeking to avail himself of the exception created; further the ordinance does not vest social service providers who are not property owners with any interest in or control over any private property within the City. Attachment: proposed revised ordinance Attachment 12 ORDINANCE NO. (2013 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING TITLE 17 (ZONING REGULATIONS) OF THE MUNICIPAL CODE (GPI /ER 45 -13) WHEREAS, the Human Relations Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 5, 2013, and recommended approval of the Negative Declaration of Environmental Impact and amendments to Title 17 (Zoning Regulations) of the Municipal Code; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 26, 2013, and recommended approval of the Negative Declaration of Environmental Impact and amendments to Title 17 (Zoning Regulations) of the Municipal Code; and WHEREAS, staff facilitated 12 workshops and meetings with the general public, faith - based organizations, social service providers, homeless individuals, Residents for Quality Neighborhoods, San Luis Obispo Chamber of Commerce and San Luis Obispo Downtown Association to gather community input on how safe parking facilities should be operated, located and managed; and WHEREAS, enacting ordinance provisions to accommodate safe parking facilities will not result in any significant environmental impacts because the proposed amendments include permit requirements and performance standards that address foreseeable impacts and safe parking facilities would be located within improved parking lot areas; and WHEREAS, the City Council has considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. Pursuant to San Luis Obispo Munieiptil Code (SL(7NIC) Section 17.16.015. and subject to limited exceptions set lorth at 17.08.010, the Cite has prohibited the residential occupation of vehicles on private property since 1995. Formatted: Indent: Left: 0.5 ", No bullets or 1- 2.1'rior to the adctzion of SLOMC Section 17.16.015, and in association with ille it uSC numbering tltcreafier. residents of the City, inchidine Ow Council members and staff. huvc ilh cr1cd t0] 1°'vr m'lre 01'cltl7ct1 complaints about the adverse impacts of residenti ;ll uses 01' \Chicicti on �u_ blic and privwc prullerdes wo( specifically designed or ccluipped Ordinance No. (2013 Series) Attachment 12 Page 2 for Such uses. The City's streets _p.i-ivate residenLi< l-pr�ipe.rlies. and other non - exempted public and private a eas— crtics within the City are ill- suited to support vehicular residential occupancies not only for the residents establishing such illegal uses, but also for the general public because: the streets and other non- exempted ztpublic and rn ivate areas within the City do not have facilities or services to support residential uses; the mobile nature of such 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, and public urination and defacation; 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, including, but not limited to parking and noise impacts:; establishment of unresulated 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. ^:.,Some of the adverse impacts in areas where unpermitted 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 and /or intoxication, obstruction of vehicular or pedestrian passage on both public and private property; 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. ..,J,There is a growing community need for programs providing safe accommodations for individuals and families utilizing vehicles for temporary shelter in order to facilitate the transition to permanent housing and to minimize the proliferation of unsafe and /or illegal vehicular occupancies on public and private property not structured, staffed or supervised to support such uses. 4.�_The Council's primary objectives in allowing a narrow exception to the City's generally applicable limitations and prohibitions on overnight camping and the use of vehicles as living or sleeping quarters are: to provide alternatives to involuntary homelessness; to facilitate transitions from homelessness into permanent housing; to connect homeless individuals with supportive resources; and to end chronic homelessness in the City, while mitigating the potential adverse impacts of such uses via proper regulation and oversight. ':ABased on evidence and testimony presented to and considered by the Council in study sessions, public workshops and hearings relating to issues of homelessness and safe parking programs, and throughout the course of its consideration of the safe parking pilot program up to an including the hearing on to consider this ordinance, the Council concludes that a safe parking program administered by a qualified service provider and linked to case management and other supportive services is the best and most effective means by which to achieve its objectives while avoiding potentially adverse health safety Ordinance No. (2013 Series) Attachment 12 Page 3 and welfare impacts of vehicular dwellings on the citizens of the City. 6,7.The proposed amendments are consistent with Housing Element Policy 1.1, which directs the City to assist those citizens unable to obtain safe shelter on their own. 7.87he proposed amendments will advance a key component of the goal to provide a form of transitional housing consistent with Housing Element Policy 8.9, which supports continued efforts to implement the document "The Path Home: San Luis Obispo County's 10 Year Plan to End Chronic Homelessness ". proposed amendments will further the City's 2013 -15 Financial Plan Major City Goal: "Implement Comprehensive Strategies to Address Homelessness ". SECTION 2. Environmental. The City Council does hereby adopt a Negative Declaration of Environmental Impact (ER 45 -13). SECTION 3. Chapter 17.08.115. Safe Parking. A new Zoning Regulations chapter is hereby added to the City of San Luis Obispo Municipal Code: 17.08.115 Safe Parking. A. Purpose and Intent. Safe parking provides homeless individuals and families with vehicles a safe place to temporarily park overnight in order to facilitate the transition to permanent housing. The provisions set forth in this Section enable safe parking in certain zoning districts in the city subject to specific performance standards and permit requirements. These standards and requirements are intended to ensure that safe parking facilities will be compatible with surrounding uses and effective at facilitating participants' transition to permanent housing. B. Definitions. 1. Safe Parking. A parking program, operated on property located outside of the public right -of -way and managed by a social service provider, that provides individuals and families with vehicles a safe place to park overnight while working towards a transition to permanent housing. 2 Social Service Provider. An agency or organization licensed or supervised by any federal, state or local health /welfare agency that participates in the federal Homeless Management Information System (HMIS) and has demonstrated experience with the homeless population by assisting individuals and families achieve economic self - sufficiency and self- determination through a comprehensive array of programs and actions. 3. Case Management. A system for arranging and coordinating care and services whereby a case manager assesses the needs of the client and client's family and arranges, coordinates, monitors, and advocates for services to meet the client's needs. 4. Self- Sufficiency Program. A program designed to assist individuals and families in meeting their basic needs and address any substance dependency and mental health issues so that they do not need to rely on emergency public or private assistance. 5. Background Check. A criminal records check from a variety of public sources that would provide information regarding an individual's possible criminal history. Ordinance No. (2013 Series) Attachment 12 Page 4 C. Permit Required. 1. Planning Commission Use Permit Required. The establishment of a safe parking use shall require Planning Commission Use Permit approval where allowed, consistent with Table 9. D. Application Requirements. Whenever a social service provider (or, if the social service provider is not the prgflerly pwn� r,_a pr ey owner who is afflliatr w�li7_ �r r;irti rluz�l +fy 7s a social services provider) submits a Planning Commission Use Permit application for consideration, as a part of said application, sufficient information shall be submitted to the Community Development Department to determine whether the proposed safe parking facility complies with the provisions of this Section. In addition to the required Planning Commission application checklist items, the application shall include the following: 1. Site plan indicating the location of trash and recycling facilities, water, restroom facilities, exterior light fixtures, location and distances to residential properties, public transportation, and location of designated overnight parking spaces. 2. Hours of operation. 3. Monitoring and oversight program. 4. Neighborhood relations plan. 5. Sufficient information to determine that the applicant is a social service provider that is qualified to operate a safe parking program or is affiliated with a social service provider that demonstrates the experience and quatifications to manage the site and meet the performance standards set forth in this Chapter. 6. Any other information the Community Development Director may determine is necessary to ensure compliance with the provisions of this Section. E. Performance Standards. 1 Social Service Provider. Safe parking facilities shall be managed by a qualified social service provider, subject to the approval of the Community Development Director. 2. Case Management. Participants must be paired with a case manager and enrolled in a self - sufficiency program to facilitate the transition to permanent housing. 3 Background Check. Prospective participants shall submit to a criminal history background check. Participant exclusion shall be determined by the social service provider on a case -by -case basis. 4 Restroom, Water and Trash Facilities. Restroom, water and trash facilities shall be provided, maintained and accessible to participants during safe parking facility hours. 5. Residency Preference. Social service provider shall give preference to those with proof of residency in San Luis Obispo County for a minimum period of six months within the last two years. Evidence of residency may include, but not limited to, items such as rental agreements, mortgage, utility, hotel and medical facility bills, paystubs and intake from homeless service programs. 6. Buffer from Residential Use. Participant vehicles shall maintain a minimum buffer of 50 feet from any property that contains a residential use. Buffers less than 50 feet may be permitted through the use permit review process on a case -by -case basis when determined to be compatible with the neighborhood. Buffers greater than 50 feet may be necessary for neighborhood compatibility, which will be determined on a case -by -case basis as part of the Use Permit review process. 7. Authorized Vehicles Only. Social service provider shall ensure that only vehicles registered in the program are parked overnight during program hours. A parking permit Ordinance No. (2013 Series) Attachment 12 Page 5 shall be provided to all participants to be displayed in vehicle windows in a form to be approved by the Public Works Director. 8. Participant Information. At all times, the social service provider shall maintain a roster of the names and vehicle license numbers of each participant who is authorized to park overnight. 9. Written Agreement with Participants. Only participants who have entered into a written agreement with a social service provider shall be allowed to use parking spaces overnight. The written agreement between the social service provider and participant must include, but not limited to, the following terms and conditions: a. Only one vehicle is allowed per participant. b. At least one participant per vehicle shall possess a current driver's license, vehicle registration, and insurance for the vehicle that will be parked overnight. Social service provider shall keep a copy of all three on record. c Vehicles may only be occupied by participants and approved registered household members. Guests shall not be allowed d. Participants shall not use or possess any illegal drugs or alcohol either on their person or in their vehicle. e. Participants shall not use or possess any weapons or firearms of any kind in program vehicles f No fires of any kind shall be permitted. g. No music may be played that is audible outside participants' vehicles. h. No cooking or food preparation shall be performed outside of the participants' vehicles. Cooking inside vehicles is prohibited unless the vehicle was manufactured with cooking appliances. i. Camping tarps or equipment beyond the participant's vehicle are prohibited. j. Participants shall maintain control of animals. Animals shall be kept on a leash at all times and animal waste shall be picked up immediately and disposed of properly. k Participants shall not dump sewage or other waste fluids or solids, deposit excreta outside a vehicle, or park vehicles that leak excessive fluids (i.e. gasoline, transmission or radiator fluid, or engine oil). F. Use Permit Considerations. Items to be determined by the Planning Commission as part of the Use Permit review process on a case -by -case basis shall include, but are not limited to, the following: 1. Number of Vehicles Allowed. The total number of vehicles allowed at each safe parking facility location. 2. Hours of Operation. The days and hours of safe parking facility operation. 3. Separation between Facilities. Sufficient distance between existing and proposed safe parking facilities. 4. Neighborhood Relations Plan. A neighborhood relations plan shall be provided for each safe parking facility location to address any complaints in a timely manner, including consistency with any adopted Good Neighbor Policy. 5. Monitoring and Oversight. Monitoring and oversight shall be provided during safe parking facility hours. 6. Restroom, Water and Trash Facility Plan. A restroom, water and trash facility plan shall be provided and include the location, hours of availability and maintenance program Ordinance No. (2013 Series) Attachment 12 Page 6 for site facilities. G. Revocation of a Permit. The Use Permit can be referred to the Planning Commission if determined by the Community Development Director upon receipt of substantiated written complaints from any citizen, Code Enforcement Officer, or Police Department Officer, which includes information and /or evidence supporting a conclusion that a violation of the Use Permit, or of City ordinances or regulations applicable to the property or operation of the facility, has occurred. At the time of Use Permit review, to ensure compliance with applicable laws and conditions of Use Permit, conditions of approval may be added, deleted, modified, or the Use Permit may be revoked. SECTION 4. Chapter 17.16.015. Recreational vehicle as dwelling unit. of the City of San Luis Obispo Municipal Code is amended to read as follows: 17.16.015 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, campground, or safe parking facility, 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 Chapter 10.34. (Ord. 1584 § 3, 2012: Ord. 1484 § 14, 2005: Ord. 1277 § 5, 1995). SECTION 5. Chapter 17.100. "S ", Safe Parking. A new Zoning definition is hereby added to the City of San Luis Obispo Municipal Code: Safe Parking. A parking program, operated on properly located outside of the public right•of -way and managed by a social service provider, lhat provides individuals and families with vehicles a safe place to park overtht while working lowards a transition to permanent hausingA-- parking pregram;- operated- era - private- prsperty and paged --bye s �v+der- tha"revides individuais-and families with veh o es a-&a #e- place -to- park-- oivemight - while - -werk rig -towards-a transition te- permanent -heusing-. SECTION 6. Chapter 17.22.010. Table 9 - Uses Allowed by Zone. Notes to Table 9: 13. Safe Parking. is hereby added to the City of San Luis Obispo Municipal Code: 13. Safe Parking. Safe parking is only allowed in the R -1, R -2, R -3 and R -4 zones when accessory to a public assembly use, such as a club, lodge, private meeting hall or religious facility. Safe parking is prohibited as a primary use in the R -1, R -2, R -3 or R -4 zones and in all applicable zoning districts on properties that contain residential uses as the primary use. SECTION 7. Chapter 17.22.010. Table 9 - Uses Allowed by Zone. Residential Uses. of the City of San Luis Obispo's Municipal Code is hereby amended to read as follows: O���mm��it�00i0r•��� Ordinance No. (2013 Series) Attachment 12 Page 7 SECTION 8. 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 9. 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. Upon motion of _ , seconded by and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was passed and adopted this P day of September, 2013, Mayor Jan Marx ATTEST: Sheryll Schroeder Interim City Clerk APPROVED AS TO FORM: Christine Dietrick City Attorney