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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 C3 - 1 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 C3 - 2 Ordinance No. 1592 (2013 Series) Attachment 1 Page 2 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 C3 - 3 Ordinance No. 1592 (2013 Series) Attachment 1 Page 3 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 C3 - 4 Ordinance No. 1592 (2013 Series) Attachment 1 Page 4 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 C3 - 5 Ordinance No. 1592 (2013 Series) Attachment 1 Page 5 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 C3 - 6 Ordinance No. 1592 (2013 Series) Attachment 1 Page 6 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: C3 - 7 Ordinance No. 1592 (2013 Series) Attachment 1 Page 7 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 C3 - 8 Ordinance No. 1592 (2013 Series) Attachment 1 Page 8 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 C3 - 9 Page intentionally left blank. C3 - 10