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HomeMy WebLinkAboutPC-1082-2024 (MOD-0578-2023 -- 40 Prado Rd. Safe Parking Program Rules)RESOLUTION NO. PC-1082-2024 A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PLANNING COMMISSION APPROVING A MODIFICATION TO AN EXISTING CONDITIONAL USE PERMIT TO INCREASE THE NUMBER OF SAFE PARKING SPACES AND MODIFY HOURS OF OPERATION AT 40 PRADO HOMELESS SERVICES CENTER THAT PROVIDES UNHOUSED INDIVIDUALS AND FAMILIES A SAFE PLACE TO TEMPORARILY PARK A VEHICLE OVERNIGHT TO FACILITATE THE TRANSITION TO PERMANENT HOUSING; AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED JANUARY 24, 2024 (MOD-0578-2023) 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 December 10, 2014, and approved a Safe Parking Facility located at 40 Prado Homeless Services Center; application number USE-0413-2014; and WHEREAS, the General Plan 6th Cycle Housing Element includes Goal 1: Safety, to provide safe, decent shelter for all residents and Goal 8: Special Housing Needs encourage the creation and maintenance of housing for those with special housing needs, with supporting policies and programs that include but are not limited to: assisting those citizens unable to obtain safe shelter on their own, supporting local and regional solutions to homelessness, and assisting the homeless and those at risk of becoming homeless by supporting to encourage the creation of housing development that meets a variety of special needs; 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 March 21, 2023, adopting the Homelessness Response Strategic Plan, which outlines the City’s role in implementing strategies to prevent homelessness and connect individuals experiencing homelessness to services and housing. The Safe Parking Program was specifically identified as a key task under the Strategic Plan Goal 4 Objective 2; 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 January 24, 2024, to amend the existing Conditional Use Permit (USE – 0413-2014) at 40 Prado Homeless Services Center to increase the capacity of the Safe Parking Program from seven (7) vehicle spaces to twelve (12) vehicle spaces and update the program hours from 4:45 p.m. – 8:30 a.m. to 2:30 p.m. – 8:00 a.m.; and WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered all evidence, including the testimony of the applicant, interested parties, and evaluation and recommendations by staff, presented at said hearing; and Resolution No. PC-1082-24 Prado Safe Parking Program Amendment (MOD-0578-2023) Page 2 WHEREAS, notices of said public hearings were made at the time and in the manner required by law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Planning Commission hereby grants final approval of the Modification to the existing Conditional Use Permit for the 40 Prado Safe Parking Program (MOD-0578-2023), based on the following findings: 1. As conditioned, the program will not harm the general health, safety, and welfare of people living or working in the vicinity because conditions of approval have been included to ensure compatibility with surrounding uses and provide for the facilitation of participants’ transition to permanent housing. 2. The proposed project is consistent with General Plan Housing Element (HE) policies to support local solutions to meet the needs of the homeless (HE 1.7 and 8.11). 3. The proposed program implements key task 3.2.d in the City’s 2023-2025 Major City Goals for Housing and Homelessness by providing sustainable safe parking and transitional shelter programs for individuals and families experiencing homelessness in partnership with Community Action Partnership of San Luis Obispo County. 4. The proposed program is intended to implement the objectives under the City’s Homelessness Response Strategic Plan to establish safe parking program options throughout the community (Goal 4, Objective 2). 5. As conditioned, the proposed use is consistent with use provisions of the Zoning Regulations because the use of safe parking is conditionally allowed within the Office (O) zone. 6. As conditioned, the proposed safe parking program at this location complies with all provisions of the City’s Safe Parking Ordinance (Municipal Code Chapter 17.86). SECTION 2. Environmental Review. The project is intended to serve as a Low Barrier Navigation Center which is an activity exempt from the California Environmental Quality Act (CEQA) by California Government Code Section 65660(b), in accordance with CEQA Guidelines Section 15061(b)(1). The Project also has no potential for causing a significant effect on the environment in accordance with CEQA Guidelines Section 15061(b)(3). SECTION 3. Action. The Planning Commission hereby grants final approval to the Safe Parking Program at the subject location with incorporation of the following conditions: Resolution No. PC-1082-24 Prado Safe Parking Program Amendment (MOD-0578-2023) Page 3 Planning Division 1. The project shall comply with all prior conditions applicable to the project, as established under Planning Commission Resolution No. PC-5621-14 approving Conditional Use Permit USE-0413-2014. 2. ‘The maximum number of vehicles allowed as part of the 40 Prado Safe Parking Program shall not exceed twelve (12) vehicles. The layout of the Safe Parking Program at the subject location shall be in substantial compliance with the approved site plan. 3. The hours of operation for the Safe Parking Program at the subject location shall be limited to 2:30 p.m. to 8:00 a.m. 4. The Program Administrator shall implement the proposed Neighborhood Relations Plan for the Safe Parking Program, as provided in Exhibit A. Any changes to the Neighborhood Relations Plan shall be to the approval of the Community Development Director. 5. The Program Administrator shall ensure that all participants acknowledge and sign the Program Rules as provided in Exhibit B. 6. The Program Administrator shall implement the Monitoring and Oversight Plan for the Safe Parking Program, as provided in Exhibit C. Any changes to the Monitoring and Oversight Plan shall be to the approval of the Community Development Director. 7. The Program Administrator shall provide water, restrooms and trash facilities for participant use during safe parking facility hours. Trash and restroom maintenance shall be provided at least twice a week. 8. The subject property shall be maintained in a clean and orderly manner at all times, free of excessive leaves, branches, and other materials. CAPSLO shall be responsible for the clean-up of any landscape material in the public right-of-way, subject to the satisfaction of the Public Works Director. Indemnification 9. The applicant shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this project, and all actions relating thereto, including but not limited to environmental review (“Indemnified Claims”). The City shall promptly notify the applicant of any Indemnified Claim upon being presented with the Indemnified Claim and the City shall fully cooperate in the defense against an Indemnified Claim. Resolution No. PC-1082-24 Prado Safe Parking Program Amendment (MOD-0578-2023) Page 4 On motion by Commissioner Houghton, seconded by Commissioner Kahn, and on the following roll call vote: AYES: Commissioners Houghton, Jorgensen, Kahn and Chair Munoz- Morris NOES: None REFRAIN: None ABSENT: Commissioners Ringer, Tolle, and Vice Chair Cooley The foregoing resolution was passed and adopted this 24th day of January, 2024. __________________________ Teresa McClish, Secretary Planning Commission Attachments: Exhibit A – Neighborhood Relations Plan for the Safe Parking Program Exhibit B – Program Rules Exhibit C – Monitoring and Oversight Plan 40 PRADO HOMELESS SERVICES CENTER SAFE PARKING PROGRAM NEIGHBORHOOD RELATIONS PLAN To mitigate potential impacts of the 40 Prado Safe Parking Program activities, Community Action Partnership of San Luis Obispo County (CAPSLO) will implement the following procedures: A. CAPSLO will provide various methods in which the community may contact the organization. During business hours (Monday through Friday, 8am-5pm) concerned community members can contact the CAPSLO administrative office to communicate any concerns they may have. After business hours, CAPSLO maintains a confidential hotline that can accessed via telephone (805.549.6899) or email (hotline@capslo.org). These contacts are posted on the CAPSLO website (under Contact Us). All concerns are given to, and reviewed by, the Director of Community Programs, Chief Operating Officer (COO) or Chief Executive Officer (CEO) and are promptly (within 24 business hours) addressed. B. All concerns or complaints will be documented, with copies given to the Director of Community Programs, Director of Homeless Services, and the COO or CEO, who review, contact the complainant, and address the issue within 24 business hours. C. All participants within the 40 Prado Safe Parking Program must initial and sign the Program Rules which advise participants, in writing, of their obligation to comply with applicable laws and established protocols which address and prevent repeated violation of laws, which have adverse neighborhood or community impacts. D. CAPSLO staff is provided with information pertaining to emergency contact procedures during initial training. Police and/or Fire are always contacted in an emergency. E. CAPSLO Staff will conduct a daily walk through of the safe parking site to confirm that program parameters are being met. CAPSLO staff will conduct a monthly inspection of the project site to identify and address all facility issues. Emergency issues will be dealt with immediately. All other facility maintenance needs will be addressed within 90 days. F. The project site will include a Monitoring and Oversight Plan to address security concerns and ensure adequate outdoor lighting for the Safe Parking Program location. G. Safe Parking Program participants who are denied or suspended from the program will be provided with applicable resources and referrals for services offered within the City and County. H. CAPSLO will meet whenever needed and requested by the City and/or other community groups to review reports, issues, and policies. 40 PRADO HOMELESS SERVICES CENTER SAFE PARKING PROGRAM PROGRAM RULES Page 1 of 3 1. Authorized Vehicles Only. Only vehicles registered in the program shall be allowed to park overnight during program hours. No detached trailers will be allowed. Cameras monitored by CAPSLO are used to ensure the safety of all participants. a. Only one vehicle is allowed per participant (case-by-case-exceptions to this must be approved by CAPSLO); Vehicles may only be occupied by participants and approved registered household members; Vehicles must be parked within a safe parking spot and not block the driving area of the lot or take up multiple spots; Guests shall not be allowed. b. No cooking or food preparation shall be performed outside the participants’ vehicles. Cooking inside vehicles is prohibited unless the vehicle was manufactured with cooking appliances; Camping tarps or equipment beyond the participants’ vehicles are prohibited. 2. Access to 40 Prado HSC. Participants will have access to the safe parking bathroom at 40 Prado. Participants may also access 40 Prado services, including meals, showers, hygiene products, laundry, and restrooms. Participants will have access to the dumpsters in the 40 Prado loading dock. a. 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). 3. Identification, Insurance, and Criminal Background: All participants must have auto registration and insurance within the last 12 months. Participants must have a current form of ID, with priority given to in-city residents. a. CAPSLO can assist with payment on insurance and registration and will provide a DMV discount form if the participant is willing and eligible for case management services. b. A 290/Megan's law check (Registered Sex Offender Registry) must be completed for all participants. This program cannot accommodate participants with this criminal background status. 4. Safe Space. All participants are expected to maintain a safe and respectful environment. a. Participants shall not use or possess any illegal drugs or alcohol on their person or in their vehicle; Participants shall not use or possess any weapons or firearms of any kind in program vehicles; No fires of any kind shall be allowed; No physical violence of any kind; No music may be played that is audible outside participants’ vehicles; SLO City has a noise ordinance in effect beginning at 10 pm and participants are beholden to that ordinance. b. Participants shall maintain control of their animals. Animals shall be kept on a leash or lead at all times, and animal waste shall be picked up immediately and disposed of properly. c. Initials ___________ 40 PRADO HOMELESS SERVICES CENTER SAFE PARKING PROGRAM PROGRAM RULES Page 2 of 3 5. Good Neighbor Policy. All participants must abide by CAPSLO’s Good Neighbor Policy (GNP). The GNP includes the following: a. Vehicles shall maintain a minimum buffer of fifty feet from any property that contains residential use. Participants cannot park their vehicle (of any type) or bicycle on the property of any local business (defined as a 1/2 mile radius from the 40 Prado parking site). b. All Participants must maintain safe, respectful, and courteous communication with all neighbors, fellow Prado HSC participants, and CAPSLO staff/volunteers; they should expect this, in return, from all parties mentioned above 6. Program Hours: Participants may keep their vehicles in the parking lot at all times. a. Hours of operation for the Safe Parking Program are between 2:30 p.m. and 8:00 a.m., and participants will have access to the 40 Prado Access Center Program from 8:00 a.m. to 2:30 p.m. b. Participants must be on site by 10:00 p.m. unless given prior approval from staff. 7. Case Management: All Prado safe parkers are assigned a case manager. Safe parkers are encouraged to meet with their case manager at least three times a month. Participants must be engaged in case management and show initiative to move towards a permanent housing solution. 8. Time-limited Program: The CAPSLO safe parking program is time-limited and housing- focused, with an initial 30-day program enrollment. a. All safe parking participants are initially enrolled in the Prado HSC safe parking program. After the initial 30 days, program participants can enter a lengthier program (up to 90 days) to meet case management expectations. b. CAPSLO may operate other safe parking programs throughout the community in the future. You may be eligible or referred to another program if that fits your needs better. c. If, after 90 days, a participant has demonstrated they are unwilling to work with their assigned case manager towards realistic housing solutions, they will be exited from the program. After 90 days, engaged participants will receive 30-day extensions of their stay if they are working towards established housing goals. 9. Emergencies: In cases of life-threatening emergencies, medical emergencies, or extreme circumstances, please call SLOPD Emergency (911). Initials ___________ 40 PRADO HOMELESS SERVICES CENTER SAFE PARKING PROGRAM PROGRAM RULES Page 3 of 3 10. Rule Violations & Paneling: For violations of any of the site rules and guidelines, CAPSLO will issue a Rule Notification and record all incidents on site within the CAPSLO Database. CAPSLO may ask participants to leave and submit a panel request for reentry into services if any of the following occur: Initials ___________ a. Repeatedly violating the guidelines and not taking corrective suggestions from staff. b. Violence or threats towards staff, volunteers, neighbors, or other guests. c. Breaking another guest's confidentiality. d. Theft or destruction of property on-site or in the surrounding neighborhood; Acts of vandalism, disruptive behavior, stealing, or violence to nearby businesses or residences. e. Conducting a business out of the safe parking site, legal or illegal. f. Any other actions or behaviors have been deemed a threat to their safety and health or others. g. CAPSLO staff have limited resources and strive to meet as many people’s needs for services and shelter as possible. If you are presented with or find a realistic housing opportunity, and refuse or deny the opportunity for illegitimate reasons. I have read and agree to abide by the above agreement for CAPSLO’s 40 Prado Safe Parking Program. PARTICIPANT NAME: (PRINT): DATE: PARTICIPANT SIGNATURE: CAPSLO STAFF SIGNATURE: DATE: 40 PRADO HOMELESS SERVICES CENTER SAFE PARKING PROGRAM MONITORING AND OVERSIGHT PLAN Page 1 of 1 To mitigate potential impacts of the 40 Prado Safe Parking Program, Community Action Partnership of San Luis Obispo County (CAPSLO) will implement the following procedures: A. CAPSLO will have staff at 40 Prado, 24 hours per day, 7 days a week, 365 days a year. B. CAPSLO staff (or designated volunteers) will facilitate program intake/enrollment for all new Program Participants and ensure all program participants are checked into CAPSLO’s internal database, Client Track, for each night they utilize the program. C. CAPLSO staff will ensure that all participants on site are registered with CAPSLO in the Safe Parking program. No individuals will be allowed to sleep in vehicles on site unless they are enrolled participants in the 40 Prado Safe Parking Program. Any 40 Prado participant that is found to be sleeping in their vehicle and is not enrolled in the Safe Parking Program will be provided with a Rule Notification and the incident will be documented within that participant’s electronic program file. D. CAPSLO staff will ensure that the safe parking restroom is unlocked from 2:30 PM to 8:00 AM and Program Participants will be provided with the entry code. Program Participants have access to the 40 Prado Access Center from 8:00 AM to 2:30 PM, including on site restrooms and trash receptacles during these hours. E. CAPSLO Staff ensure all Program Participants are provided and sign the Program Rules which advise Program Participants of their obligation to comply with applicable laws and established protocols which address and prevent repeated violations of the law. F. CAPSLO staff is provided with information pertaining to emergency contact procedures during initial training. Police and/or Fire are always contacted in an emergency. G. CAPSLO will conduct a daily walk-through of the parking lot to identify and address all issues. Emergency issues will be dealt with immediately. All other facility maintenance needs will be addressed within 90 days. H. CAPSLO will maintain outdoor lighting to allow for vehicle identification and safe use of facilities. I. CAPSLO will maintain a partnership with SLOPD; the nightly Safe Parking Program roster will be shared with SLOPD to allow their night patrol officers to address any unregistered safe parkers during the night. J. Security Cameras with no sound recording are operated on site at 40 Prado Homeless Services Center and cover a significant portion of the parking lot. These cameras are used to monitor activity and as needed, to review reported incidents within the program. All Program Participants are notified of the use of video cameras. K. The program will be monitored based on metrics outlined by CAPSLO. The Director of Homeless Services and the Manager of Homeless Services will review weekly reports from program staff on the programmatic and operational status of the program and will make needed program modifications to uphold community and participant safety and wellbeing. L. Participants of the Safe Parking Program who are denied or suspended from the program will be provided with applicable resources and referrals for services offered within the City and County. M. CAPSLO will meet, upon request and within a reasonable timeframe, with the City and/or other community groups to review reports, issues, and policies of the 40 Prado Safe Parking Program.