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HomeMy WebLinkAbout01/21/1992, 3 - U 1423: APPEAL OF PLANNING COMMISSION'S (PC'S) ACTION ALLOWING CONTINUATION OF HOMELESS SHELTER USE, ON THE NORTH SIDE OF ORCUTT ROAD, NEAR THE INTERSECTION OF BROAD AND ORCUTT.MEEMG DATE: 1111111111$$111 City of Sd11 LUIS OBISPO i- ai- 9 mommaA COUNCIL AGENDA REPORT " NUMBBa: sGin FROM: Arnold Jonas, Community Development Director / �:0 BY: Judith Lautner, Associate Planner 1_% SUBJECT: U 1423: Appeal of Planning Commission's (PC's) action allowing continuation of homeless shelter- use, on the north side of Orcutt Road, near the intersection of Broad and Orcutt. CAO RECOMMENDATION 1. Adopt a resolution denying the appeal, thereby upholding the Planning Commission's action to allow continuation of the homeless shelter use. 2. Discuss letter from Planning Commission on neighborhood concerns. Direct the Economic Opportunity Commission, Human Relations Commission, and their staff to concentrate on finding solutions to. as many neighborhood compatibility issues as possible. Report -in -Brief In conformance with a condition of approval for the use permit for the City- County Homeless Shelter, on Orcutt Road, the permit was reviewed by the Planning Commission for the second time on December 11, 1991. The Commission voted to allow continuation of the use, with another required review in six months. In the meantime, the Commission directed staff to send a letter to the Council, outlining neighbor concerns and requesting that the Council review its policy on sheltering the homeless, concentrating on the following recommendations: 1) Consider establishing additional shelters elsewhere in town, separating special -needs groups, such as women and children; 2) Consider establishing a central screening area, with transportation to shelters of only those persons who will spend the night; and 3) Refer complaints about inadequate emergency response to Police and Fire Chiefs for action. Neighbors of the shelter filed appeals of the Planning Commission's action, objecting to the continuation of the shelter use at its present site. At the meeting, neighbors expressed concern about the increase in property damage, public urination, trespassing, and other violations, and said they felt the shelter's presence in the neighborhood has downgraded the area economically and physically, and that many citizens in the area fear for their personal safety. Neighbors also expressed concern that emergency personnel treat calls from this neighborhood with less concern than those from others. The neighbors want the use permit revoked and the shelter moved to government land outside the city limits. The City Council's position on the homeless shelter has consistently been that such a shelter must be within the city limits to be most effective. A lengthy search led to the determination that the present site was suitable and the best °��� ►�Hi�►IIIIIIIIp: °IIUIN city of San L OBISPO REPORT Page 2 available for the purpose. Many of the problems cited by neighbors are difficult to resolve and would be present at any shelter location. However, the Planning Commission felt that there may be ways to minimize the impacts of the shelter on the neighborhood: by dealing with the overflow problem by creating additional shelters and a central screening area; by installing public toilets where they are appropriate; by serving meals elsewhere to those not spending the night; by increased vigilance by emergency personnel; and perhaps by other means. The Commission felt the shelter is well- managed but with Council assistance could be more effective in dealing with compatibility issues. DISCUSSION Background Situation The Planning Commission approved a homeless shelter on the site on December 14, 1988. On appeal (by a neighboring business) , the council approved the shelter on January 17, 1989. Various delays in funding acquisition, recruiting volunteers, and obtaining materials resulted in the shelter opening on August 22, 1990. One condition of use permit approval is a requirement for Planning Commission review after six months. ' The shelter operation was reviewed by the Planning Commission on March 27, 1991 and again on December 11, 1991. The Commission approved continuation of' the use, with a requirement for six -month review, both times. Several neighboring property or business owners have appeared and objected to the use at each hearing, and appealed the December 11 approval. Data summa Address: 736 and 750 Orcutt Road Applicant: Economic Opportunity Commission Representatives: Richard Beck - Meyer, Gwen Guyre Property owner: Kurt Kupper Zoning: C -S General plan: Service commercial /light industrial Environmental status: Negative declaration of environmental impact granted by the Director November 30, 1988, affirmed by the Council January 7, 1989. Site descriution The 2/3 -acre site is located near the intersection of Orcutt Road with Broad Street, next to a gasoline service station on the west and a commercial building with several tenants on the east. A creek runs through the property, near the easterly property line. 3; City of San L.41$ OBISp0 REPORT Page 3 Extensive riparian vegetation grows near or in the creek. A stand of tall eucalyptus trees lines much of the westerly property line. The shelter consists of four connected modular buildings, used for sleeping and eating, and an older residence, used for intake and counseling and other services. The site is in a service - commercial zone that contains many older industrial and service commercial uses, along with new multi - tenant complexes and some residences. The opposite side of the street is undeveloped, except for a small, older house to the east. Railroad tracks cross Orcutt Road about 1100 feet easterly from the site. EVALUATION 1. The appellants want the shelter moved. The neighboring businesses and property owners who appealed the Planning Commission's action oppose the shelter in this location. Those who were at the Planning Commission hearing voiced their concerns with property damage, loitering, trespassing, panhandling, and personal .Safety, which they attributed to homeless persons either staying in the area during the day, or who are not accepted into the shelter at night. The appellants feel that a homeless shelter, by its very nature, cannot be managed in any neighborhood without causing problems. The appellants expressed their frustration with the lack of control shelter operators have over homeless persons, and the response from emergency personnel (Police and Fire) to calls from this neighborhood. They also feel the shelter in its current location is inadequate to serve the number of persons seeking help, and the overflow persons tend to be those most likely to create property damage or act violently. Because of these concerns, the appellants want the shelter relocated to government land outside the city limits, away from any neighborhood. 2. Why this site? After determining the need for a shelter, the City, County, Economic Opportunity Commission (EOC), various churches, and Housing Authority spent two years searching for an appropriate site. The County allowed shelter modules to be placed, temporarily, on County land next to the Sheriff's Office on Highway 1, until a permanent shelter site could be located. The County made it clear that they were not in the position to provide the site on a long -term basis. Homeless persons were bused each evening from City Hall to the shelter. In the mornings, buses returned the shelter clients to City Hall. This location had the advantage of not being near any city residential neighborhoods. However, there were problems with this location: 3' ����m ►�H��Illlllplpu�I '' city of San tL_s OBISp0 i COUNCIL AGENDA REPORT Page 4 * Transportation was expensive. * Clients gathered around City Hall every afternoon, so as not to miss the bus, creating an uncomfortable environment for many citizens and employees. * There were limited opportunities for providing food, bathing, and clothing at this temporary site. * Coordination of services with other providers (Salvation Army, Alcoholics Anonymous, County Mental Health, Employment Development Department, and others) was difficult for shelter operators, because there was no common area for meetings during the day, and it was difficult to coordinate appointments for shelter clients when those clients were on the street. The need to travel by bus to and from the shelter also interfered with the hours employed homeless persons could work. * The County Sheriff's Department was opposed to having the shelter near his operations. Concurrently with the City- County shelter at Kansas Avenue, and prior to the establishment of the Orcutt Road shelter, the People's Shelter (an independent, privately- operated volunteer group) provided shelter, food, and clothing to a select group: homeless persons who were working or otherwise were determined to be on the road to recovery. This shelter moved monthly, from church to church. Since sheltering the poor has traditionally been a part of the normal services a church provides, the City determined that no permits were required for this activity. After an extensive search, the present site was determined to be the best available for the purpose. As noted in the attached Planning Commission report, the shelter is'now able to provide a wide range of services, including offering classes in necessary "living skills" and job search techniques. Shelter operators work with other agencies to find assistance and permanent or transitional homes for clients. The present site has several advantages: it is close to public transportation, within an industrial rather than residential area, is close to needed services and jobs, and is easily visited by service providers. 3. What's being done about the overflow? Shelter personnel and neighbors alike are concerned about the capacity of the shelter not meeting the present demand. On a long -term basis, shelter operators hope to obtain, with help from other agencies, permanent housing (separate from the shelter) for city of San L.Ais OBISPO REPORT Page 5 local long -term clients, thereby lowering the number needing shelter each night. In the meantime, the EOC has secured emergency overflow space at one or more churches in San Luis Obispo. Women and children will be accepted at the churches, so several beds at the shelter will be available to persons previously unable to get in. This arrangement is primarily for the cold winter season, however. At this time, the number of homeless persons is expected to continue to rise faster than the general population. Therefore, the capacity of the shelter will continue to be a problem for the forseeable future. 4. Control over homeless persons. The Commission voiced concerns with the operators and emergency personnel homeless persons who do not spend t or those who do spend the night but during the day. appellants and Planning lack of control shelter seem to have over. the he night at the shelter, are in the neighborhood Both the shelter operators and the emergency personnel respond to complaints within their power. However, they report that there are often reasons th ®se responses are less than may be desired by the community. The following paragraphs discuss these complaints. The shelter operators require clients to sign agreements that they will observe some basic rules of good conduct both inside and outside the shelter. These agreements only apply to those actually receiving shelter services, of course. When incidents occur, such as trespassing or fire - setting, and neighbors call the shelter to complain, unfortunately there is often not enough information to determine who caused the incident. Without names or adequate descriptions, the shelter operators are unable to act. Some activities homeless persons engage in, which are objectionable to neighbors, are not illegal: parking cars on the street, walking up Broad Street, engaging in conversations on the sidewalk, or staying at the shelter site during the day for appointments. These are all "appearance" issues. Neighbors perceive that the appearance of homeless persons in the neighborhood downgrades the economic value of the area, making it difficult for them to rent to tenants or to attract customers to their businesses. To deal with this common perception, some Commissioners suggested providing an area out of view from the street, where homeless persons may congregate prior to 5:30 p.m. (when intake procedures begin). There does not appear to be room at the site for such an area. city Of san L. ..S OBISpO REPORT Page 6 Other activities may be illegal, but are either unenforceable or difficult to enforce. For example, a recent court case has led to a ruling that panhandling is a form of free speech. Based on this determination, City Police Officers are unable to enforce laws prohibiting panhandling. Trespassing is also illegal, but by state law, Officers are able to enforce this law only 1) if the property is posted with "no trespassing" signs, or 2) after the property owner or tenant has asked the trespassers to leave. Property owners report that they have posted signs, but the signs have been removed shortly after. Apparently, some property owners or tenants are reluctant to confront persons on their property. Therefore, when a person calls the Police to report trespassing, the PD asks whether the property is posted or if the complainant has asked the trespassers to leave. Although the Police will respond to any complaint, if the answer is no to both these questions, the Police may not be able to take action on a trespassing violation. A common complaint from neighboring businesses is public urination, which is-a violation of the Municipal Code. The Planning Commission suggested (see PC letter, attached) that the Council look at providing portable toilets in areas where they would be convenient for homeless persons, yet not become attractions in themselves. This idea has merit, but needs further research, to assure appropriate locations and supervision. In general, crimes committed by homeless persons are against property (vandalism, trespassing, public urination) more than against persons. Many are similar to traffic violations, in that officers must see the crime committed before they can act. Those crimes that are of a violent nature are typically one homeless person attacking another. The Police Department response is discussed in the attached letter from the Police Department. The PD notes that response times to the vicinity of the shelter have been good. However, as with.calls from any area of the city, the police must prioritize calls when staffing is not sufficient. In these cases, response to non- life- threatening situations may not always be immediate. The Planning Commission, in its action allowing the use permit to continue, supported the present location. However, the Commission also expressed concern for the shelter's impact on its neighbors, and has asked the Council to do everything in its power to alleviate neighbors' concerns. (See PC letter, attached.) city of San Dais OBISp0 REPORT Page 7 CONCLUSION The homeless population is not expected to diminish in the near future. In 1988, the average number of persons sheltered (either at the Kansas Avenue site or in the People's Shelter) each night was 32. The shelter on Orcutt Road reaches its capacity of 54 every night now, and in emergencies has housed up to 60. If the present shelter is discontinued, and no replacement found, the homeless persons now being sheltered will remain on the streets. Problems in neighborhoods, related to homeless persons, are not expected to diminish, although it is likely that the homeless would not congregate in the Orcutt Road area to the same extent as they now do. If the Council dismantles the present shelter with the intent of finding another site, it is likely to take a long time to find such a place. Any site on vacant land outside the city limits will have many of the same problems as the Kansas Avenue site had. Increased funding may alleviate some of those problems, but would not have an effect on access to social _services or jobs. Any location within the city would have the same problems as the present shelter has, except that a larger site may be able to accommodate more people, thereby minimizing the overflow situation. Some of the neighborhood concerns with the present shelter are valid, and should be addressed to the full extent possible. The shelter operators and HRC must continue their efforts to minimize impacts on the neighborhood. To address neighborhood problems, the EOC is: * working with shelter clients to obtain their cooperation in developing and following good- neighbor guidelines * attempting to address the overflow population, at least on a short -term basis * continuing to hold quarterly neighborhood meetings * coordinating closely with the Police Department * working with the HRC, which oversees shelter operations, by meeting with the HRC quarterly. The HRC has also convened a homeless shelter subcommittee to assist the shelter operators with neighborhood relations. While shelter operators must continue to address the compatibility problems, the Council is faced with the reality that some problems are not solvable. The shelter operators and law enforcement have limits in their capacity to respond to certain complaints. ���M�i�N►�IIIIIII�p� �IlBlll city of San t, OBISPO REPORT Page 8 The EOC feels strongly that a shelter is needed, and City and County contributions indicate a high level of support from the Council and Supervisors as well. Efforts should be focused on assisting the EOC in minimizing conflicts within the present neighborhood, rather than on moving to a new location. ALTERNATIVES The Council may approve the appeal, thereby denying continuation of the homeless shelter use at the site. If approved, the Council should also allow adequate time for the operators to phase out the use or to set up a shelter elsewhere. Staff suggests a 6 -month extension, as recommended by Planning Commissioners who supported discontinuation of the use at the site. The Council may continue action on the appeal, if more information is needed. Direction should be given to staff or the applicants. OTHER DEPARTMENT COMMENTS Police Department comments are attached. Other departments have no opinion on this request. FISCAL IMPACTS Denial of the appeal would allow continuation of the use at the site. The City would continue to pay $120,000 per year for a portion of the program expenses. The approved State grant would be used to complete purchase of the modular units, and purchase the site. An approval of the appeal would be a denial of the use at the site. The City would save the $120,000 per year it pays as its portion of program expenses. The State grant would have to be returned, as it is not transferable to another site. Other costs the City has paid for the shelter operation have been negligible, in comparison. Attached: PC report for December Draft resolutions Letters of appeal 11, 1991 (including attachments) PC resolution of approval PC draft December 11, 1991 minutes PC letter to CC Letter from Police Department (Bart Topham) RESOLUTION NO. (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING THE PLANNING COMMISSION'S ACTION, APPROVING CONTINUATION OF HOMELESS SHELTER USE AT 736 AND 750 ORCUTT ROAD, AND DENYING AN APPEAL OF THAT ACTION (U1423) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, The applicant's request, The appellants' letters, the Planning Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The proposed use will not adversely affect the health, safety and welfare of persons living or working at the site or in the vicinity. 2. The proposed use is appropriate at the proposed location and will be compatible with surrounding land uses. 3. The proposed use conforms to the general plan and meets zoning ordinance requirements. 4. The Community Development Director has determined that the proposed use will not have a significant effect on. the environment and has granted a negative declaration of environmental impact. 5. The nearby R -1 and R -2 neighborhoods are adequately buffered from possible impacts of the shelter. SECTION 2. Conditions. The approval of the Use Permit U1423 for a homeless shelter is subject to the following conditions: Management: 1. The operator of the shelter shall be the Economic Opportunity Commission, unless otherwise approved by the City Council and the Board of Supervisors. 2. The applicants or operators shall submit a management program to the Community Development Director for approval, prior to occupancy. The plan must include at least the following items: * The name(s) of the organization(s) operating the shelter 3 9 - Resolution No. (1992 Series) U1423: 736 and 750 Orcutt Road Page 2 * The anticipated number of persons who will live on site. * A program description, including provision of qualified supervisors at the rate of one for the site, plus one for each ten persons beyond twenty, as well as all daytime activities and services, including type of activity or service, service provider, and estimated number of clients. * Site plan showing the proposed locations of the modular buildings precisely. * The uses of all buildings on site. * Arrangements for transportation of residents to and from the site, and monitoring of access to the site and surrounding areas during daytime hours. Failure to comply with the approved plan may be grounds for revocation of this permit. Parking and occupancy: 3. Parking spaces shall be provided at a rate of two, plus one per six occupants. 4. The maximum occupancy of the site is 72 persons. (Occupancy beyond 54 will be allowed only if additional parking spaces are provided that meet the requirement in condition 3.) Fire protection: 5. A fire hydrant and an automatic fire -alarm system shall be installed, to the satisfaction of the Fire Marshal. Additional fire protection methods may be required by the Fire Department, depending on the final locations of the modular buildings and the adequacy of the buildings for the use. Architectural and building division review: 6. Improvements to the site, including installation of the modular buildings, is subject to approval by the Architectural Review Commission. 7. Installation of the modular buildings must meet all building code requirements, including handicap accessibility. .3'10 Resolution No. (1992 Series) U1423: 736 and 750 Orcutt Road Page 3 Creek protection: 8. A setback along the creek averaging 20 feet from the top of bank, and in no case less than 10 feet from the top of bank, shall be maintained along the creek to restore and protect riparian habitat. The precise location of the setback line shall be approved by the Community Development Director prior to the placement of any new structures on the site. 9. A temporary fence must be installed between the buildings and the top of bank, to protect the wildlife habitat, if buildings are placed less than 20' from the top of bank. Such fence design, landscaping, and location is to be submitted to the approval of the Community Development Director. 10. The property owner must provide an access and maintenance easement over the creek area, to the approval of the Public Works Department. il. A riparian restoration plan to enhance the creek habitat, including planting native vegetation, shall be submitted to the Community Development Director for approval. Plants and any other features shall be installed pursuant to the approved plan within one year of the approval of this permit. If the facility closes within one year, the revegetation plan must be installed to the approval of the Community Development Department at the time of closing. Tree Removals: 12. All trees at the rear of the site shall be staked and numbered, and listed by species and size, to the approval of the city arborist. No trees shall be removed except those approved by the Architectural Review commission, and each tree removed that is over 10" in diameter shall be replaced with two trees. The type, size, and location of replacement trees shall be determined by the city arborist. All trees to be retained shall be safety - pruned' and protected from damage during installation of the modular buildings. The protection method must be approved by the city arborist. Water: 13. The shelter shall require an allocation as provided in the Water Allocation Regulations, in an amount determined by the Community Development Director. The date of Planning Commission action on this use permit shall be the date the allocation is assigned. J-// Resolution No. U1423: 736 and Page 4' (1992 Series) 750 Orcutt Road Review of use permit: 14. The use permit shall be reviewed in six months. At any time the Planning Commission may review the use permit if written complaints from citizens or the Police Department are received by the Community Development Department. The Planning Commission may add, delete or modify conditions of approval or may revoke the use permit. Trail easement: 15. The applicant shall record an offer of an easement for public access within the creek setback area to the approval of the Community Development Director and CIty Attorney. The city should not accept said offer until the Parks and Open Space Element is updated and only if in that element this site is deemed an appropriate location for said access. On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 1992. Mayor, Ron Dunin ATTEST: City Clerk Pam Voges J. l� Resolution No. (1992 Series) U1423: 736 and 750 Orcutt Road Page 5 APPROVED: C Community Develbpmont Director J� /s RESOLUTION NO. (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN APPEAL OF THE PLANNING COMMISSION'S ACTION, THEREBY DENYING USE OF PROPERTY AT 736 AND 750 ORCUTT ROAD FOR A HOMELESS SHELTER (U 1423) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the applicant's request, the appellants' statements, the Planning Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The extension of the approved use permit will have adverse impacts on the health, safety, or welfare of adjacent neighbors. SECTION 2. The appeal is hereby approved and the use permit no. U1423 is hereby denied, with the following provision: 1. The shelter use may continue at 736 and 750 Orcutt Road for a period of six months, to allow shelter operators to find alternative shelter, if available, and to phase out all services at the site. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of , 1992. J �� Resolution No. (1992 Series) U1423: 736 and 750 Orcutt Road Page 2 Mayor ATTEST: city clerk APPROVED: J-1145 MEETING DATE: IIIMII1bIi�111���� u'll =��� CI tY O San? �S OBIS P O ITEiMa�- U NUMBER: PLANNING 9R: PLANNING 6OMMISSION STAFF AVORT i BY: Judith Lautner y sociate Planner SUBJECT: FILE # U 1423 Review of approved use permit allowing a homeless shelter on the north side of Orcutt Road, near the intersection of Broad and Orcutt. SUMMARY RECOMMENDATION Approve continuation of the use. BACKGROUND situation The Planning Commission approved a homeless shelter on the site on December 14, 1988. On appeal (by a neighboring business), the council approved the shelter on January 17, 1989. Various delays in funding acquisition, volunteers, and materials resulted in the shelter opening on August 22, 1990. One condition of use permit approval is a requirement for Planning Commission review in six months. The shelter operation . was reviewed by the Planning Commission on March 27, 1991. The Commission approved continuation of the use, with retention of the requirement for six -month review. This is the second six -month review. Data summary Address: 736 and 750 Orcutt Road Applicant: Economic opportunity Commission Representative: Richard Beck - Meyer, Gwen Guyre Property owner: Kurt Kupper Zoning: C -S General plan: Service Environmental status: Site description commercial /light industrial Negative declaration of environmental impact granted by the director November 30, 1988, affirmed by the council January 17, 1989. The 2/3 -acre site is located near the intersection of Orcutt Road with Broad Street, next to a gasoline service station on the west and a commercial building with several tenants on the east. A creek runs through the property, near the easterly property line. Extensive riparian vegetation grows near or in the creek. A stand of tall eucalyptus trees lines much of the westerly property line. The shelter consists of four connected modular buildings, used for sleeping and eating, and an older residence, used for intake and counseling and other services. 3 -/4 U 1423: 750 OrCUtt Road Page 2 The site is in a service - commercial industrial and service commercial tenant complexes and some residence street is undeveloped, except for a tracks cross Orcutt Road about 1100 EVALUATION zone that contains many older uses, along with new multi - as. The opposite side of the small, older house. Railroad feet easterly from the site. 1. Shelter improvements are nearing completion. The major work on the shelter is complete. What remains to be done is 1) installing signage (if necessary), 2) installing landscaping (the council requires all city - required landscaping to be delayed. until after the drought), 3) improving the mailbox, and 4) completing painting of exterior of buildings. This work has been guaranteed by a certificate of deposit in the city's name, to be released when all the above work is accepted by the city. 2. Conditions have been met. The conditions set limits on numbers of persons allowed to sleep at the shelter, require a minimum number of parking spaces, and require shelter operators to submit a management plan. At this time, typically 54 persons use the shelter each night, in accordance with the conditions. Parking is provided in conformance with the regulations. (The parking lot appears to fill up or nearly fill up each night, and usually two or three vehicles are also parked on the street nearby.) A management program has been submitted previously. Any changes to this program are required to be submitted in to the Director. Other conditions relate to the development of the site, and have been met. 3. The shelter provides many services. Aside from providing food and beds, the shelter's operation includes support group (typically 12 -step programs) meetings, regular visits from acupuncturists, nurses, the Salvation Army, budgeting and income tax consultants, and other related services. The small house on site is normally used for these events, in addition to its use as intake office. 4. A neighbor relations plan has now been created. Since the shelter opened, Community Development has received no complaints, about its operation, except immediately prior to review hearings. However, the police department (PD) has responded to various calls to the shelter and nearby. The calls have been for petty theft (typically within the shelter), drunk and disorderly behavior, vandalism, sleeping or urinating in doorways, and similar activities. Calls from businesses on Broad and Orcutt have increased since the shelter opened. Out of concern for these businesses, the Planning Commission, at the previous hearing, required the shelter operators to develop a neighborhood relations program, 1-11 U 1423: 750 Orcutt Road Page 3 and to consider other locations for the-shelter. The EOC has developed a neighborhood-relations plan, which is attached to this report. The plan includes quarterly neighborhood meetings, regular meetings with the Police Department (PD), "contracts" with shelter clients, and assistance in enforcement of no- trespass postings. Because of concerns with the limited space available at the shelter, the EOC also is working to locate clients elsewhere where possible. The PD supports the EOC's programs that provide counseling, . referrals, and other services, and assist shelter clients in finding permanent homes and employment when possible. 5. The city is committed to this location. The Planning Commission asked the EOC to investigate other locations for the shelter. The City and County have investigated other locations over a period of several years, and the City Council ultimately requested a grant from the state to purchase the site for the purpose of providing a homeless shelter. The grant was approved. (Negotiations to buy the site are continuing, and the purchase is expected to be complete by January or February 1992.) Therefore the determination that this is the best available site has already been made. The Council's determination was based on an understanding that there is no place within the city where a shelter would not be cause for concern for some neighbors. It is possible that an additional shelter will be developed elsewhere, to accommodate certain segments of the homeless population (such as women and children) who need to be separated from the rest. An additional shelter would relieve some of the pressure from this location. The EOC also is involved in efforts to find permanent residences and transitional housing for those persons who are capable of moving into those environments. 6. Shelter operators are unable to influence homeless persons who choose not to participate in the shelter program. A little over a third of the estimated homeless population attempt to use the shelter. The remaining numbers (about 80) choose not to enter any shelter, for various personal reasons. While the regular shelter clients are made aware of the need to maintain good neighbor relations, members of this less social group often find it advantageous to function outside the shelter program. The EOC has no responsibility for or control over those who would not choose to use their services. The shelter clients sign statements indicating their understanding of their responsibilities to be good neighbors. In spite of these "contracts ", some clients do continue to cause problems for neighboring businesses. The shelter j3 /8 U 1423: 750 Orcutt Road Page 4 management has dealt with several incidents, but can only act if they are informed of problems. It is therefore imperative that neighbors who are experiencing problems with homeless clientele inform the shelter management (and the PD if appropriate) as soon as possible, and work with them to mitigate concerns. 7. Shelter operators do not object to regular review. Since the location is set for the forseeable future, the operation of the shelter is of primary concern to the Planning Commission. Two meetings have already been scheduled by shelter operators for neighbors to voice concerns and to work out solutions. No neighbors attended the first meeting, and only a few persons attended the second. The EOC will continue to schedule neighborhood meetings. The EOC shelter manager has no objection to semi - annual public review hearings before the Planning Commission, if this type meeting is determined necessary. In addition to PC review, shelter operators and the PD both report quarterly to the Human Relations Commission, which has financial control of the operation. At this time, staff believes the EOC has proven competent at managing the shelter, and recommends one -year reviews rather than six - month, to maintain control over land use issues. 8. Some remodelling is planned. The EOC plans to use part of the grant money to upgrade the old house on the property, to make it suitable, from a building code standpoint, for sheltering clients. The rear shed -like portion of that building is also planned to be demolished and replaced by a small compatible addition. These changes will be subject to architectural review. The operation of the shelter will remain essentially unchanged, however, so no use permit amendment will be necessary. RECOMMENDATION Approve continuation of the use permit, with a change of the condition requiring review in six months to a condition requiring review in one year. Attached: • Vicinity map • Site plan (not exact) • Resolution of approval • Program description • Services center calendar • Neighborhood relations plan jv C-tS II 160 0 .a; 1 i =� C -S -S IN 19 M c osr � 00 0 • o 0 W z= w i� ,a•• i`• -•F tl .I .I a �.N �•R OI ••N� i r1: ORCUTT .. R• r 'rs�•. •• UNITY MAP I u14� 4 OY)d 150 dreutt 1 SCALE: 1" = 150 i 1 ' i M i Z �s C-s'S 3 -0fo '7 oc I T f rr Q 2 L . Wi t x -------------- In r -9i 4 or an_ NO 7 i r t- L AS A- lim LF Os V z tj �7 SW- A- 00 rn 41511 0 CD c: 0 tv I 4L . . - -.2. ! m 0 r c u t t 16.4I 01/ a :j rT MOM 330 0 16.4I 01/ EOC ECONOMIC OPPORTUNITY COMMISSION of San Luis Obispo County, Inc 880 Industrial Way O San Luis Obispo, California 93401 O 805/544 -4355 March 22, 1991 Ms. Judy Lautner, Planner City of San Luis Obispo Planning Department PO Box 8100 San Luis Obispo, Ca 93403 -8100 Dear Ms. Lautner: In anticipation of the Use Permit Hearing of the Planning Commission on March 27, 1991, I would like to forward this information to you regarding the use of the property at 750/736 Orcutt Rd. (EOC Homeless Shelter): 1. The primary use is nightly sheltering of 54 clients. The shelter opens at 5:30 p.m. each night and clients must leave the property at 8:00 a.m. each morning unless they have a scheduled appointment at the Services Center (operated in the house on the property). 2. The house on the property is used for office space for the Client Services Manager. It is a site for the delivery of direct social services by existing community agencies. Regularly scheduled users are as indicated on the enclosed Services Center Calendar. These appointments are primarily made for clients during the morning hours between 8:00 - and 12:00 p.m. There is occasional nightime use of the house (Monday night health clinic, Tuesday, Friday and Sunday night 12 -Step meetings). 3. Staff is on -site 24 hours per day Monday through Friday and 16 hours per day on Saturday and Sunday. 4. Clients are asked to leave the property promptly by 8:00 a.m. in the morning, and not to come on to the property prior to 5:30 p.m.. While there seems to be a rapid dispersment of clients in the morning, clients do begin to appear at the site at around 4:30 in the evening. If you should need additional information about the movement of clients and staff on the property, please know that I will attend the meeting on Wednesday night, or can be reached by telephone in advance of that meeting. eretg,, ervisor Pr.oviding Community Action Programs to SLO County since 1965 3-�2 N r a C L-1 m L] J C D � 14 N N o 0 0 N L r L ri N L L rl r-4 H cc c +.+' x C U W U L C U u C U + + C ` O G O w O 6l O O1 00 00 a0 00 Y '-i ri 00 '-I _ u1 N O O vi -r4 14 < a, O M O 7 n C7 fli P'1 O n S N L L L ri '-I d rl N rl W T T T N L 2 . +� x 41 x +J S T C O O ca U G O c0 U C O Q U C +•+ L U d _O C CO co N Y+ ON 61 O rl %0 cn O L v d 61 1+ L. 14 L Gl N en Gl L L W L C cc L L U + L L ca 0 C T U to L w U H C co d G U L 3+ L cQ m U C 0 w U R L cc '7 .• C U ca ca L E +J cc E ++ m +4 4 c9 m E •+ C C rl cp O 7 cc N E u +� r-c +4 ^i m 7 ^+ .i w c0 7 w 93 V1 Q. 2 7 y is Gl E C. S A 7 0 1+ c0 x . O S C!] r— S O O O cO'1 O a � O< O (D O .. w u) u'1 u') n O Ln u1 ul N O� .-� 4i 4 N N Z Z Z Z Z O O O CD O cn rz �0.� EOC ECONOMIC OPPORTUNITY COMMISSION of San Luis Obispo County. Inc. — 880 indurxw Way O San Lum Obispo. California 9:401 O 8051:44 -4355 NEIGHBORHOOD RELATIONS PLAN The objective of the EOC Homeless Shelter's Neighborhood Relations Plan is to operate the shelter facility in such a manner as to be as compatible as possible with the various other property owners' objectives for their homes or businesses in the area. An attitude of oneness, receptiveness, and a willingness to change practices for the betterment of the neighborhood will be maintained at all times in response to neighborhood concerns. At the same time, every effort will be made to integrate the shelter facility into the neighborhood as a contributing component of our community, providing the opportunity for neighborhood appreciation of diversity and its benefits. Those objectives will be accomplished through formal and informal methods. FORMAL METHODS 1. Once per quarter, the shelter program will host a neighborhood meeting, inviting involved parties to identify problems and possible solutions associated with having the homeless shelter in the neighborhood. 2. Each neighbor will be provided with the day and niohtirne phone numbers of the shelter program, and staff will make every effort to respond to issues and complaints in an immediate way as appropriate. :3. Shelter management will meet with the San Luis Obispo Police Department on an ongoing basis to assure an optimal working relationship and 'appropriate information sharino. 4. Each client will be informed of his /her responsibility to be a good neighbor upon-intake into the shelter program and will sign a statement of his /her understanding. 5. Where adjacent properties are posted for no trespass, the shelter staff will assist in enforcement through warnings and when appropriate, calls to local law enforcement. :6. Ongoing efforts will be made to address the problem of insufficient shelter capacity with other community agencies. •7. The City of San Luis Obispo, through its Human Relations Commission, will receive gvarterly reports of incidents related to neighborhood concerns. '.'INFORHIAt'METHODS 1. Community relations events will be held as is appropriate and possible. 2. Interested neighbors will continue to be welcome to tour or to get involved in a volunteer capacity in the program. •3. Shelter staff will continue to condact informal drop -in visits to local businesses to assess neighborhood climate and identify emerging pioblems. T� Providing Community Action Programs to SLO County since 1965- LI�►1t�d Wsu 9 N TAG E Came% �►'-, P IZOPERTIE5 MBMW-7. o To the Members of the Planning Commission of San Luis Obispo Ladies and Gentlemen, We are the owners of Mcmillan Commercial Park located directly to the east of the homeless shelter located on Orcutt Road. Since the shelter opened, we have had the following problems with people who use the facility: 1. Loitering in our parking lot and lawn at all hours of the day and night. 2. Breaking irrigation lines by walking from the shelter to our property. 3. Parking and abandoning vehicles in our parking lot. 4. Performing vehicle maintenance in our parking lot. 5. Urinating in our parking and landscape areas. 6. Camping with open fires in the creek between our property and the shelter. This type of behavior would certaining not be tolerated in most of the neighborhoods of our community. However, a certain logic exists that it is allright if it happens in a commercial or industrial area. All of us in the area have made significant investments in our property, and we have a right to expect that our tenants have quiet and safe enjoyment oftheir premises. We urge you to consider how appropriate this facility is for our area, and hope that if you feel that it should remain there, that measures are taken to protect the interests of neighboring owners. One of the most disappointing aspects of this problem is the response that we have gotten from the people who run the shelter. When we called to complain about some of the items above, we were told that the shelter cannot be repsonsible for anything that happens beyond their property lines. This is like shooting a gun off in your backyard and not worrying about where the bulletts land. We felt that we had no choice but to erect a six foot high chain link fence around our entire property line in order to protect our interests. We did this at a cost of $3400.00. In addition, when someone broke an irrigation line while trespassing through our landscaping, we received a water bill from the City for over use and penalties of $1900.00. We would remind you that the shelter is located in an area which does not have the necessary zoning for that use. Further, the shelter apparently does not have to meet any parking requirements like the rest of us in the area do. We feel that the shelter and some of the people who use it act as if they are above and beyond the laws and standards by which the rest of us live. Please enact and enforce some groundrules for the operation of the shelter which protect our rights. Sincerely, U Vincent Fonte, Robert Lombardi, Alan McVay VINTAGE PROPERTIES 890 Osos Street, Suite 0 • San Luis Obispo, California 93401 • 80515446529 J0 APPEAL TO CITY COUNCIL In accordance with the appeals procedure as authorized by Tide I, Chapter 1.20 of the San Luis Obispo Municipal Code, the undersigned t"Yappealsfrom the decision of ?Z-A -N oi/ n.J N rendered on /.,,, — / l — I 1 which decision consisted of the following (Le. set forth factual situation and the grounds for submflttng this appeal. Use additional sheets as needed): X 7EN.D G).SE 1015217tI (/ /V2 3 The undersigned discussed the.declslon being appealed with: on PM 1 4.1k ru _ '_�i�11 � REC9ovED DEC 2 0 1991 CITY CLERK SAP! LUIS OBISpo. CA i Calendared for. ° yam Appellant: Narriefrid-9 Repr4sentaWe Address 4-V Y - 70// one Original to City Clerk City Attorney Copy to Administrative Offlcer Copy to the-following department(s): •tA M —0�e OEC 2 � 19 December 20, 1991 TO: San u s Obispo city Planning Commission FR(M: William Portzel - 1 of 4 owners and representing CRMSROADS Shopping Center at 3165 and 3211 Broad Street SUB.IFIT: Conditional Use Permit # U 1423 - Homeless Shelter This is an appeal to the San Lori a Obispo Planning Cum assion to reverse its decision to extend use permit # U 1423 for the Homeless Shelter at 750 Orcutt Road made on December 11, 1991. A Homeless Shelter at this address is out of zoning. 3 a7 APPEAL TO CITY COUNCIL In accordance with the appeals procedure as authorized by Title I, Chapter 1.20 of the San Luis Obispo Municipal Code, the undersigned herebyappealsfrom the decision of rendered on // a&e 19 9/ which decision consisted of the foUow ng (Le. set forth factual situation and the grounds for submitting this appeal Use additional shoots as needed): The undersigned discussed the. decision being appealed with: ' on 1VPE; DEC 2 0 1991 CITY CLERK C Calendared for / 1,2 / Y , L Representative �j /�' ' � GGVL Tess S'p/ - &X lop One Original to City Clerk City Attorney Copy to Administrative Officer Copy to the-follaMng department(s): 30& McMillan December 20, 1991 Planning Department City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Re: Approval of Conditional Use Permit Homeless Shelter Orcutt Road San Luis Obispo, CA 93401 Gentlemen: As owner of the property located at 2925 McMillan Ave., a neighboring property to the current operating location of the Homeless Shelter, I am writing to appeal the recent decision by the Planning Commission to renew the conditional use permit granted to EOC to operate the Homeless Shelter at its current location. Sin rely Jack S. Foster 2995 McMillan Avenue, Suite 196, San Luis Obispo, CA- 93401 805/541 -1858 FAX: 541 -5724 0,29 Treff's Chevron Service 3180 So. Broad St., San Luis Obispo, CA 93401 Tplpnknna PAI.5AA.611 U—C 5'11125as&l/m ❑ FYI 5—E I V E iL*' �coundi IQI D DRL CAO ❑ FIN. DIPL DEC 2 0 1991 �KEl ACAO Cl FIRECHIEF ATMRNEY Q FW DIR. CITY CLERK ieCLERK/ORIC. ❑ FOLICE O-L Du CL III G-V � OVIPO CA ❑ MGW. TEAM ❑ REC DIX ❑ r— READ FILE ❑ VnLDR 40 "Z vt 67 A/Ij zoeo cl�;� EX 41V Or L CA Cq,-LC,/Z I Tr9ft's Clevron Service or.. L; Cu Si., Su,lq Luis O'Clispol CA 162 31SO So. r ,05 r Tc.lepj-.o��,e U _044-0-3111 %0 C4, vza ge7 -T L L L DEC 2 J 1991 Mor i214� C�-X-e - - c245� 1991 ❑ • Dowto Actkm ❑ FYI ❑ Camcil VCDD DUL '�CAO ❑ FIN. DIP. Q.ACAO ❑ FIRE CHIEF VL TIORNEY ❑ FW DIR V C>. : ORIC. ❑ POLICE (3-L ❑ MCMT. TEAM ❑ REC. DIR ❑❑ C READ FILE UTIL DIR. C3 1,1�i/ %' � G•C•L L� .t� ; ti : ��f'�ll'rLl -GCe�� Q -ii �"� ./.. ..� �V l i" " CC CZ;t a, ,Y-sk TO: FROM: RE: 20 December 1991 San Luis Obispo City Council Doris Dixon Ahrens - Property owner 810 & 830 Orcutt Road Appeal - Use Permit U 1423 To whom it may concern: I take this means to appeal the recommendation of the City Planning Commission within the 10 day grace period required for same regarding their vote on the 'review of conditionally approve permit allowing a homeless shelter, 750 Orcutt Road, C -S zone "at their December 11, 1991 regular meeting. Signed: Doris Dixon Ahrens 4796 Righetti Road San Luis Obispo, Ca. 93401 COPEEST0: ❑ • Dewtes Arlon CAO ❑ FYI IemD DGL ❑ FIN. DUL CAO ❑ FIREaiw �❑ El FW DUL *ATIORNEY CLERK /ORIC. ❑ POUaCK ❑ MCMT.TEAM ❑ RECDIR ❑ C READ FILE ❑ UIIL DILL dEC I V E DEC2 X1991 ijiry vLtHK SAr; LUIS 08ISP0. CA 3-33 December 20, 1991 Auto Part Recyclers of SLO, Inc. 3045 Duncan Lane San Luis Obispo, CA 93401 (805) 543 -1215 Charles M. Roeder property owner San Luis Obispo City Council RE: Appeal Use Permit U1423 To whom it may concern: This letter is to appeal the recommendation of the City Planning Commission regarding their vote on the review of conditional approved permit on the Homeless Shelter at 750 Orcut Road, San Luis Obispo CZ Zone at their regular meeting on December 11, 1991. We would like to file this appffal with the City Council to be in their hands before the next regular meeting on this issue. Sincerely, Charles M. Roeder Property Owner DEC ? -LTY CLGn: <: nB;;;PC. C COPS TO: ❑ - Dawtes Action f ❑ FYI ❑ camdl XJ CDD DR Q CAO ❑ FIN. DIR. CAO ❑ FIRE CHIEF 4 kATrcRNEY ❑ FW DM GrcLERK /omc. ❑ roucE CSI. ❑ MCMT. TEAM ❑ PWC DQt I ❑ C READ FILE ❑ U TLD;IL ❑ ❑ 3 -3�1 PRIC11PION machine company 3055 McMillan Road San Luis Obispo California 93401 TO: Planning Commission December 20, 1991 RE: Commission Meeting U -142 3 (Homeless Shelter Use Permit Extension) I am writing this letter to appeal the decision made on Wednesday the 11th of December. I do not wish to see the homeless shelter get an extension of their temporary use permit. Thank you for your time and consideration. Pat Tiffin President Precision Machine DeC ? +} 1991 COII;TO: ❑ • Dames Action FYI ❑ M CAO ❑ CDD DR FN. DIR. ❑ cAO ❑ FIRE CHIEF '*A T1�DRNE ❑ FW DR a E[tIC /ORIG. ❑ PouCE CH. ❑ MCMT.TEAM ❑ RECDIR ❑ C READ FILE ❑ UTIL DIR. STANLEY E. BELL December 23, 1991 Members, San Luis Obispo City Council City of San Luis .Obispo 900 Palm San Luis Obispo, CA 93401 Dear CounciLmembers: RE: PLANNING COMMISSION APPROVAL OF THE C.U.P. FOR THE HOMELESS SHELTER, ORCUTT NEAR BROAD Please accept this Letter as an appeal of the Planning Commission decision approving the extension of the C.U.P. for the Homeless Shelter. Please advise me of the City Council hearing date on this matter. Thank you. Yours truly, Sta y E. Bell COPISTO: ❑ • DawW Acdm ❑ FYI ❑ Cama1 19'�DDDGL `�CAO ❑ FIN. DUL ❑] CAO ❑ FMECHEF $�f7Tae4EY El FW DIR 1d CLERWORIG. ❑ POUCE CK ❑ MCMT. TEAM ❑ REC. DIR ❑ C READ FILE ❑ URL DUL ( 8 0 5 ) 773 -5069 160 SILVER SHOALS R FC171v';7;? DEC 2 3 1991 ,:t- - SHELL BEACH, CALIFORNIA 934.49 3 J (� SAN LUIS OBISPO PLANNING COMMISSION RESOLUTION NO. 5076 -91 WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct a public hearing in the City Council Chamber of the San Luis Obispo City Hall, San Luis Obispo, California, on December 11, 1991, pursuant to a proceeding instituted under application No. U1423 by Economic Opportunity Commission, applicant. USE PERMIT REVIEWED: To allow a homeless shelter. PROPERTY DESCRIPTION: On file in the office of Community Development, City Hall. GENERAL LOCATION: 750 Orcutt Road. GENERAL PLAN LAND USE ELEMENT: Service - Commercial /Light Industrial. PRESENT ZONING: C -S. WHEREAS, said commission as a result of its inspections, investigations, and studies made by itself, and in behalf and of testimonies offered at said hearing, has established existence of the following circumstances: 1. The proposed use will not adversely affect the health, safety or welfare of persons living or worldng at the site or in the vicinity. 2. The use is appropriate at the proposed location and will be compatible with surrounding land uses. 3. The use conforms with the general plan and meets zoning ordinance requirements. JI-9% Resolution No. 5076 -91 Use Permit U 1423 Page 2 4. The Community Development Director has determined that the proposed use will not have a significant effect on the environment and has granted a negative declaration of environment impact. 5. The nearby R -1 and R -2 neighborhoods are adequately buffered from possible impacts of the shelter. NOW, THEREFORE, BE IT RESOLVED that application No. U1423 be approved subject to the following conditions: 1. The approved Use Permit No. 1423 is valid subject to all the original conditions contained in City Council Resolution No. 6569 (1989 Series) (attached). The foregoing resolution was adopted by the Planning Commission of the City of San Luis Obispo upon the motion of Commr. Kouralds, seconded by Commr. Williams, and upon the following roll call vote: AYES: Comm s. Kourakis, Williams, Schmidt, Karleskint, and Hoffman NOES: Commrs. Peterson and Gurnee ABSENT: None Arnold B. Jonas, Secretary Planning Commission DATED: December 11, 1991 3-38 RESOLUTION NO. 6569 (1989 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING THE PLANNING COMNUSSION'S ACTION IN APPROVING A HOMELESS SHELTER AT 750 ORCUTT ROAD, AND DENYING AN APPEAL OF THAT ACTION (U1423) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. iFindings. That this council, after consideration of the Planning Commission's recommendations, staff recommendations and reports thereon, and both written and oral testimony by citizens, makes the following findings: 1. The proposed use will not adversely affect the health, safety or welfare of persons living or working on the site or in the vicinity. - 2. The use is appropriate at the proposed location and will be compatible with surrounding land uses. 3. The proposed use conforms to the general plan and meets zoning ordinance requirements. 4. The Community Development Director has determined that the proposed use will not have a significant effect on the environment and has granted a negative declaration of environmental impact. 5. The nearby R -I and R -2 neighborhoods are adequately buffered from possible impacts of the shelter. SECTION 2. Conditions. That the approval of the use permit U1423 for a homeless shelter be subject to the following conditions: Management: The operator of the shelter shall be the Economic Opportunity Commission, unless otherwise approved by the City Council and the Board of Supervisors. 2. The applicants or operators shall submit a management program to the Community Development Director for approval, prior to occupancy. The plan must include at least the following items: . ' The name(s) of the organization(s) operating the shelter. ' The anticipated number of persons who will live on -site. ' A program description, including provision of qualified supervisors at the rate of one for the site, plus one for each ten persons beyond twenty, as well as all daytime activities and services, including type of activity or service, service provider, and estimated number of clients. 3 -0 R6569 Resolution No. 6569 (1989 Series) Page 2 • Site plan showing the proposed locations of the modular buildings precisely. • The uses of all buildings on site. • Arrangements for transportation of residents to and from the site, and monitoring of access to the site and surrounding areas during daytime hours. Failure to comply with the approved plan may be grounds for revocation of this permit. Parking and occupancy: 3. Parking spaces shall be provided at a rate of two, plus one per six occupants. 4. The maximum occupancy of the site is 72 persons. (Occupancy beyond 54 will be allowed only if additional parking spaces are provided that meet the requirement in condition 3.) Fire protection: 5. A fire hydrant and an automatic fire -alarm system shall be installed, to the satisfaction of the Fire Marshal. Additional fire protection methods may be required by the Fire Department, depending on the final locations of the modular buildings and the adequacy of the buildings for the use. Architectural and building division review: 6. Improvements to the site, including installation of the modular buildings, is subject to approval by the Architectural Review Commission. 7. Installation of the modular buildings must meet all building code requirements, including handicap accessibility. Creek protection: 8. A setback along the creek averaging 20 feet from the top of bank, and in no case less than 10 feet from the top of bank, shall be maintained along the creek to restore and protect riparian habitat. The precise location of the setback line shall be approved by the Community Development Director prior to the placement of any new structures on the site. 9. A temporary fence must be installed between the buildings and the top of bank, to protect the wildlife habitat, if buildings are placed less than 20' from the top of bank. Such fence design, landscaping, and location is to be submitted to the approval of the Community Development Director. 10. The property owner must provide an access and maintenance easement over the creek area, to the approval of the Public Works Department. 11. A riparian restoration plan to enhance the creek habitat, including planting native vegetation, shall be submitted to the Community Development Director for approval. Plants and any other features shall be installed pursuant to the approved plan within 4. 7o Resolution No. 6569 (1989 Series) Page 3 one year of the approval of this permit. If the facility closes within one year,, the revegetation plan must be installed to the approval of the Community Development Director at the time of closing. Tree Removals: 12. All trees at the rear of the site shall be staked and numbered, and listed by species and size, to the approval of the city arborist. No trees shall be removed except those approved by the Architectural Review Commission, and each tree removed that is over 10' in diameter shall be replaced with two trees. The type, size, and location of replacement trees shall be determined by the city arborist. All trees to be retained shall be safety - pruned and protected from damage during installation of the modular buildings. The protection method must be approved by the city arborist. Water: 13. The shelter shall require an allocation an provided in the Water Allocation Regulations, in an amount determined by the Community Development Director. The date of Planning Commission action on this use permit shall be the date the allocation is assigned. Review of use permit: 14. The use permit shall be reviewed in 6 months. At any time the Planning Commission may review the use permit if written complaints from citizens or the Police Department are received by the Community Development Department. The Planning Commission may add, delete or modify conditions of approval or may revoke the use permit. Trail easement: 15. The applicant shall record an offer of an easement for public access within the creek setback area to the approval of the Community Development Director and City Attorney. The city should not accept said offer until the Parks and Open Space Element is updated and only if in that element this site is deemed an appropriate location for said access. 3�� Resolution No. 6569 (1999 Series) Page 4 On motion of Councilman Settle seconded by Mayor Dunin and on the following roll call vote: AYES: Councilmembers Settle, Mayor Dunin, Rappa and Pinard NOES: None ABSENT: Councilman Reiss the foregoing resolution was passed and adopted this Ltlday of January . 1989 r`Mayor Ron Dunin 0 City Vlerk Pam Voglts APPROVED: u City A ministrative Officer A Community Development Director JL4:u 1423res J40Z M E M O R A N D U M 30 December 1991 TO: City Council FROM: Planning Commission VIA: John Dunn, City Administrative Officer Arnold Jonas, Community Development Director BY: Judith Lautner, Associate Planner SUBJECT: Homeless shelter at 736 and 750 Orcutt Road At its December 11, 1991 regular meeting, the Planning Commission reviewed the use permit for the homeless shelter on Orcutt Road, as required by a condtion of use permit approval. After hearing public testimony, the Commission approved continuation of the use for another six months, with a condition that a message be sent to you, urging additional action to alleviate compatibility issues between the homeless population and neighbors of the shelter. The Commission wants you to be aware of the following specific issues that neighbors have raised: The problems:. Persons who do not sleep at the shelter seek other places to stay the night. Neighbors have found that several homeless persons will camp out near the shelter, including on their property. Often these persons will leave trash and shopping carts, vandalize property, build small fires, sleep in vehicles or trash containers on the site, urinate in parking lots or on landscaping, break down fences, and bother employees or residents. During the day, homeless persons typically gravitate to other parts of town, but some remain in the area, and many start arriving near the shelter by four o'clock in the afternoon each day. In addition to the specific behavior noted above, neighbors reported that they and potential tenants are offended by the appearance of old vehicles full of goods, as well as of unattractively - clothed persons lingering in the area or walking up and down Broad Street. In sum, the neighbors feel that the shelter is not compatible with this neighborhood. They feel they have suffered personal and financial losses because of the acts and appearance of some homeless persons, and some neighbors express fear for the personal safety of employees who work late and leave alone. City Council from Planning Commission - 12/30/91 Page 2 What causes these problems? The neighbors say that all of the above problems take place because a homeless shelter is in this neighborhood. They say problems are exacerbated by poor response from emergency personnel to trespassing, vandalism, and fire complaints in this area. Neighbors and Planning Commissioners feel that if the shelter were larger, nobody would need to be turned away and therefore there would be fewer people sleeping on neighboring property and fewer of the problems associated with trespassing. Neighbors also feel that if police and fire response were faster and more effective, there would be fewer repeat violations. The shelter's current capacity is 54 persons. With some remodelling, this number may increase to 60. The operators have established a priority system for allocating beds, so that the most vulnerable will be protected from the weather and from personal danger. However, the shelter operators note that the homeless population is increasing at a higher rate than the general population, and at this time, each night from four to fifteen persons are turned away. In addition to the persons turned away, there are many others who, for personal reasons, have never sought-a bed at the shelter and those who have been refused so often they no longer ask. It is likely that at least 80 homeless persons sleep outside in this city every night. Shelter operators and neighbors alike agree that the shelter does not have the capacity to house all homeless persons seeking shelter in this community. The shelter does make meals and showers available to those who cannot stay the night, before turning them away. Therefore, there is some incentive for a person to come to the shelter site each night, even if he does not expect to be given a bed. What needs to be done? To eliminate the overflow situation, the Planning Commission requests that the Council look at alternatives for housing the homeless. The neighbors who testified at the hearing want the shelter to be moved from this neighborhood. The Commission (with two dissenting Commissioners) , however, feels the present location can remain viable, and recommends that the council: 1. Establish additional shelters expeditiously, to decentralize the sheltering operation. Since the proportion of homeless women and children is increasing faster than the homeless population in general, some Commissioners supported changing the Orcutt Road shelter to a shelter exclusively for this group. 3 City Council from Planning Commission - 12/30/91 Page 3 2. Investigate the possibility of establishing a central screening area, with transportation to the shelters of only those persons approved to spend the night there. 3. Refer 911 response complaints to the Police and Fire Chiefs for action. The Commission is especially concerned about the perception that emergency calls originating near the shelter are given lower priority than are similar calls from other areas of the city. In addition to their motion listing these three specific requests, Planning Commissioners discussed and suggested that the Council look at including the following in any plans for the homeless: 1. Development of a work program for clients, that requires clients to earn the privilege of receiving services. (Shelter operators note that each client staying overnight is required to perform one chore. The Commission suggests that this concept be expanded.) 2. Provision of public toilets (probably portable) in areas where they may be convenient to homeless persons during the day, and near areas where unsheltered homeless persons spend the night. Commissioners felt this action could alleviate many of the complaints about public urination and overuse and vandalism of restrooms. The Commission's concern is underscored by the receipt by the Planning Division of eight letters from neighbors, appealing the Commission's approval of continuation of the shelter use. The appeal of the use permit has been tentatively scheduled for the January 21, 1992 Council agenda. JW IIJJVIII pill II :. �'. �hI IiIII II „III A iIIII � city or san Luis oBispo IR P NI POLICE DEPARTMENT a en =' Post Office Box 1328 — San Luis Obispo, CA 93406.1328 — 805/549.7310 TO: Judy Lautner, Community Development FROM: Captain Bart Topham DATE: January 10, 1992 SUBJECT: Homeless shelter permit As- previously reported, calls- for - service in 1991 were up significantly over 1990 in the area of the homeless shelter. There were approximately 17 for 1990 (including 2 medical aids) and aproximately 75 for 1991 (including 11 medical aids). The increased activity appears to be the result of homeless individuals travelling through both residential and.business areas enroute to the shelter; as- well-as the interaction of clientele in and around the shelter. Our records indicate that the Police department continues to have good response times to calls- for - services in the vicinity of the shelter. We continue to be ready and willing to work with all concerned parties, in particular to help alleviate concerns of area residents. However, staffing and workload demands make it unlikely that we will be able to significantly increase routine patrols in the areas between downtown.and the shelter, on a regular basis. 9 3-� eMUTING AGENC 2 January 1992 DATES ITEM # TO: City Council SUBJECT: U1423 Planning Commission action allowing continuation of homeless shelter at 750 Orcutt Road FROM: Doris Dixon Ahrens - Property owner 810 -830 Orcutt Road I went on record and wrote you a letter stating my objections to the shelter operation when this item came up before the Planning Commission in December. I wish to add a few more comments regarding the situation; It makes me sick and angry to continually have our property rights violated by the whims of our City, the E.O.C. and the homeless, and other government agencies in the guise of compassion and /or progress. If the Sheriffs department, one of our law enforcement bodies "opposes having the shelter near its operation" (as stated in your latest Council Agenda Report) and the Police Department states they are "ready and willing to work with all concerned parties" but "workload demands make it unlikely that we will be able to significantly increase routine patrols" how are we, as private citizens, to cope with the 'overflow', those that are turned away from the shelter, those that enter our private property and camp there ?. We must post no trespassing signs (which are immediately torn down) and ASK them to leave before the Police will respond to our call. There is no valid argument for the shelter NOT being out at the RECEIVED Kansas Avenue , facility. $; -/1 51t ..--- JAN 2 1 1992 The argument in the agenda report states that: C�AK SA S OBIgPO, CA * The County Sheriffs Department was opposed to.having the shelter near its operation. If that is a valid statement, why is Orcutt Road an acceptable e ( 2 ) location. We, as private property owners oppose it too. If * "clients gathering around City Hall every afternoon creates an uncomfortable environment for citizens and employees" why is Orcutt Road acceptable or better. We too are 'uncomfortable'. Are we as property owners and private citizens also second class citizens? I maintain that taxpayer funded programs should be placed on public land and not waste additional money to buy private property that is inadequate in size and location. Doris Dixon Ahrens COPIi5TO: Ammon Q FYI INKLOrEY CDD DUL ❑ FIN. DIR ❑ Fmai' ORIG. FW DUL ❑ POLICECR ❑ MCmT.TMJ ❑ PXC -DM YT- DUL • COFIM T0: ❑ • Ammon ❑ FYI Cama1 17'rnD MR. FW DR K/-ACAO FIRE CHIEF �d c�uciof '1c. ❑ POLICEcH P R O P E R T I E S ❑ MGMT.TEAM ❑ P.ECDIK ❑ C READ FILL• ❑ .� L IK Ladies and Gentlemen, MEETING AGENDA City Council of San Luis Obispo January 13, 1992 We are the owners of McMillan Commercial Park located directly to the east of the homeless shelter located on Orcutt Road. Since the shelter opened, we have had the following problems with people who use the facility: 1. Loitering in our parking lot and lawn at all hours of the day and night. 2. Breaking irrigation lines by walking from the shelter to our property. 3. Parking and abandoning vehicles in our parking lot, and adjoining streets. 4. Performing vehicle maintenance in our parking lot. 5. Urinating and defecating in our parking lot and landscape areas. 6. Camping with open fires in the creek between our property and the shelter. This type of behavior would certainly not be tolerated in most of the neighborhoods of our community. However, a certain logic exists that it is allright if it happens in a commercial or industrial area. All of us in the area have made significant investments in our property, and we have a right to expect that our tenants have quiet and safe enjoyment of their premises. We urge you to consider how appropriate this facility is for our area, and to take measures to protect the interests of neighboring owners. We do not feel that the shelter should remain at its present location. One of the most disappointing aspects of this problem is the response that we have received from the people who run the shelter. When we called to complain about some of the items above, we were told that the shelter cannot be responsible for anything that happens beyond their property lines. This is like shooting a gun off in your backyard and not worrying about where the bulletts land. We felt that we had no choice but to erect a six foot high chain link fence around our entire property line in order to protect our interests. We did this at a cost of $3400.00. In addition, when someone broke an irrigation line while trespassing through our landscaping, we received a water bill from the City for over use and penalties of $1900.00. We would remind you that the shelter is located in an area which does not have the necessary zoning for high density residential use. Further, the shelter apparently does not have to meet any parking requirements like the rest of us in the area do. We feel that the shelter and some of the people who use it act as if they are above and beyond the laws and standards by which the rest of us live. Please enact and enforce some groundrules for the operation of the shelter which protect our rights. Please take action for the long term to relocate the shelter to a more appropriate area. Sincerely, R E C E I V E D JAN 1 A 1992 Vincent Fonte, Robert Lombardi, Alan McVay e„ I-LERn VINTAGE PROPERTIES ^ Jr.s Q61SP0, CA 890 Osos Street, Suite D • San Luis Obispo, California 93401 • 8051544.6529 HEALTH AGENCY COUNTY OF SAN LUIS OBISPO Reply to: 4'�'d January 21, 1992 Economic Opportunity Commission of San Luis Obispo County 880 Industrial Way San Luis Obispo, CA 93401 To Whom It May Concern: �-3 COMMUNITY MENTAL HEALTH SERVICES 2180 JOHNSON AVENUE SAN LUIS OBISPO, CALIFORNIA 93406 (805) 5494700 Fax No. (805) 5461232 This is is in support of the Economic Opportunity Commission Homeless Shelter which provides a vital service for this com- munity and the county. While there is concern for all homeless, our agency is particularly concerned about the mentally ill home- less and the stress that is caused and the worsening of their con- dition that occurs without emergency shelter available. With any program like this, there are bound to be concerns expressed within the community, but the long -term benefits and humanitarian pur- poses it serves far outweighs immediate fears. We would request the Council to continue the use permit as needed for this necessary program. Si nceerely,, IoLt' Dale R. Wolff, Ph.D. Director DRW:JA:mjw Neighborhood Relations Efforts Cleanup Community group cleanups 4 times per year Weekly janitorial surrounding site Volunteer clients 2 times per month Site Securitu Fenced perimeter Flood lighting around building 5:00 a.m. - 5:00 p.m. clients off site Staff supervision of property perimeter Vehicles Towing of abandoned vehicles Talking with clients re on- street parking Rules Anti- trespass policy Neighborhood relations emphasis No leaving site after 6.:30 p.m. Meetings Quarterly hosted at EOC Phone numbers mailed to all neighbors Informal with neighboring business operators Quarterly HRC meetings DENNIS B. WHEELER, JR. 843 Via Esteban San Luis Obispo, CA 340 January 1, 19921 City Council City of San Luis Obispo Re: Homeless Shelter, 750 Orcutt Road The homeless shelter is a very volatile issue, and before taking action on extending the permit for it, I think you should do the following: 1) Get a full and detailed report from the SLO Police department, comparing the number of incidents in the area recently with the number of incidents prior to locating the shelter on Orcutt road. 2) Listen carefully to the residents and business owriers in the neighborhood to find out what really goes on there. I personally have witnessed a male urinating along the side of the road near the shelter, and have heard of other- incidents. and cannot condone that type of behavior. 3) Consider alternative locations for such a shelter, preferably on public property away from businesses and homes. 4) This is, in my opinion, the most important: The homeless should not be given a place to live at taxpayers' expense. Churches and other private charities are designed for such activities. If the council deems it desirable to provide a residence for the homeless, it should be with the proviso that they work in exchange for their keep. Even menial jobs would make them feel better about themselves, and thereby start them on the road to independence. For instance, look around the community at things that need doing, such as street sweeping, weed pulling, general maintenance, etc. Any observant citizen could look around and produce a list . I cannot believe that a city would hire a man, and put him on a $100,000 street sweeper to sweep the streets, when there are lots of people around begging for work. I drive by the Orcutt Road facility daily, and see a little of what goes on. My business and home are both fairly near• to this location. Personally. I am opposed to any kind of extension of the present use of the premises for a homeless shelter. Thank you. qD y t m y yours. nis B. Wheeler. Jr.�