HomeMy WebLinkAbout10-01-2013 c3 2nd reading safe parking ord
FROM: Derek Johnson, Community Development Director
Prepared By: Tyler Corey, Housing Programs Manager
SUBJECT: ADOPTION OF AN ORDINANCE AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE
RECOMMENDATION
Adopt Ordinance No. 1592 (2013 Series) amending Title 17 (Zoning Regulations) of the City of
San Luis Obispo Municipal Code to permit and provide standards for the operation of safe
parking facilities on private properties within the City.
DISCUSSION
Background
On September 3, 2013, the City Council unanimously voted to introduce an Ordinance amending
Title 17 (Zoning Regulations) of the Municipal Code (Attached). The amendments provide a
limited exception to allow safe parking facilities on property located outside of the public right-
of-way in certain zoning districts subject to 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.
Ordinance No. 1592 (2013 Series) is ready for adoption. The amended text will become effective
30 days after adoption.
ATTACHMENT
Ordinance No. 1592 (2013 Series)
T:\Council Agenda Reports\2013\2013-10-01\Adoption of Safe Parking Ord (Johnson-Corey)\C3 - 2nd Reading Safe Parking Ordinance.docx
Meeting Date
Item Number 10-1-13
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Attachment 1
ORDINANCE NO. 1592 (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, the City Council 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
September 3, 2013, for the purpose of considering amendments to the Municipal Code (GPI/ER
45-13); and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; 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
BE IT ORDAINED, 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 Municipal Code (SLOMC) Section 17.16.015, and subject
to limited exceptions set forth at 17.08.010, the City has prohibited the residential
occupation of vehicles on private property since 1995.
2. Prior to the adoption of SLOMC Section 17.16.015, and in association with illegal uses
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Ordinance No. 1592 (2013 Series) Attachment 1
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thereafter, residents of the City, including City Council members and staff, have
observed or were aware of citizen complaints about the adverse impacts of residential
uses of vehicles on public and private properties not specifically designed or equipped
for such uses. The City’s streets, private residential properties and other non-exempted
public and private properties 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 public and private 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 defecation; 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 unregulated 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.
3. 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.
4. 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.
5. 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.
6. 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
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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.
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.
8. 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”.
9. The 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
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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 (or, if the social
service provider is not the property owner, a property owner who is affiliated with or
can qualify as 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 qualifications 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
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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 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
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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:
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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 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
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
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effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 3rd day of September, 2013, AND FINALLY ADOPTED by
the Council of San Luis Obispo on the _________ day of _________, 2013, on the following
vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Sheryll Schroeder
Interim City Clerk
APPROVED AS TO FORM:
_____________________________________
Christine Dietrick
City Attorney
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