HomeMy WebLinkAboutOrdinance 56091 0160126_20231206_ay16
Ordinance No. 5609
Ordinance of the Council of the City of Palo Alto Adopting Permanent
Regulations for Safe Overnight Parking Programs.
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A.The number of households dwelling in vehicles has grown substantially in the past
decade. The lack of stable, affordable housing and other life circumstances have
contributed to this growth.
B.On thoroughfares throughout the city, individuals, families, and households of many
kinds can be found dwelling in recreational vehicles, trucks, vans, cars, and other
motorized vehicles.
C.The City must, for the health, safety, and welfare of the community, identify and
implement short-term and long-term solutions that support these households as they
pursue and ultimately secure affordable, stable housing. Safe parking programs, which
offer off-street, authorized parking spots in parking lots for households dwelling in their
vehicles, represent a short-term solution.
D.Churches and other religious institutions have expressed a desire and willingness to
make their parking areas available for safe parking programs. Allowing such legally
operating churches and other religious institutions to host safe parking programs for up
to eight vehicles in their parking lots overnight provides assistance to homeless
households as they seek and follow a path towards stable housing. The provision of such
assistance is a use consistent with the mission and purpose of many congregations and
religious institutions.
E.The presence of up to eight vehicles in such parking lots overnight and the
accompanying administration of assistance is a minor additional use that would not
conflict with the primary use of the properties nor threaten the health, safety, or
welfare of the community or its inhabitants. The administration of such programs serves
to enhance the health, safety, and welfare of the community.
SECTION 2. Section 18.42.160 (Safe Parking) of Chapter 18.42 (Standards for Special Uses) of
Title 18 (Zoning) of the Palo Alto Municipal Code is amended to read as follows [additions are
underlined and deletions struck-through].
18.42.160 Safe Parking.
The following regulations apply to zoning districts where safe parking use is permitted.
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(a)Purpose. The intent of this section is to establish regulations to govern the
operation of safe parking programs at churches and religious institutions within the city of Palo
Alto. The safe parking programs provide interim assistance to households using vehicles as their
residence by providing a safe place to park, access to restroom facilities, connection to social
service programs, and other support to transition households into permanent, stable housing.
(b)Definitions
(1)"Safe parking" means the providing of shelter of homeless persons as an
incidental use to an existing, legal church or religious institution use where the shelter is
provided in vehicles located in designated paved safe parking areas.
(2)"Safe parking area" means the paved area where the vehicles are parked for the
safe parking use.
(3)"Safe parking program operator" means an agency or organization that
facilitates, administers, oversees, and provides staffing for safe parking uses in safe parking
areas.
(c)Safe Parking Permit Required
(1)Permit required. No person shall operate, allow, permit or suffer a safe parking
use without approval of a valid safe parking permit.
(2)Application requirements. All applications pursuant to this section shall be filed
with the director in a form prescribed by the director. The application form shall contain a list of
information that must be submitted in order for the application to be deemed complete.
(3)Receipt of application. No application shall be deemed received until the
following have been provided to the director:
(i)An application fee as set forth in the municipal fee schedule; and
(ii)All documents specified as part of the application in this section or on the
application form.
(d)Decision and Appeal. Notwithstanding the provisions of Chapter 18.77, the
procedures of this section shall apply to all safe parking permits.
(1)Authority and findings. The director may approve a safe parking permit only
after finding that:
(i)The proposed safe parking use complies with the standards listed in
subsection (f) of this Section 18.42.160.
(ii)The proposed safe parking use at the location requested will not
adversely affect the health, safety, or welfare of persons residing or working in the surrounding
area.
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(iii)The proposed site is adequate in size and shape to accommodate the safe
parking use.
The application shall be denied where the information which is either submitted by the
applicant or presented at the public hearing fails to satisfactorily substantiate such findings.
(2)Decision by director.
(i)The director shall prepare a written decision to approve, approve with
conditions, or deny the application.
(ii)The Department may host a community meeting, held virtually or in-
person, and send mailed notice to owners and residents of property within 600 feet of the
subject property notifying them of the date, time, location of the meeting. Notices shall be
[sent/postmarked] 14 days prior to the community meeting.
(iii)Following a community meeting, if one is held, or after the director has
made a tentative decision to issue a permit, notice of the director's decision shall be given by
mail to owners and residents of property within 600 feet of the subject property. The notice
shall include the address of the property, a brief description of the proposed use, a brief
description of the director's decision, and a description of how to appeal the decision.
(iv)The director's decision shall become final fourteen (14) days after the
date the notice is mailed unless an appeal is filed. The director may, for good cause, specify in
writing a longer period for requesting a hearing at the time the director issues the decision.
(3)Filing of appeal and withdrawal. Notwithstanding the provisions of Chapter
18.78, the process set forth in this subsection (d)(3) and subsections (d)(4)-(d)(5) below of this
section shall apply to appeals of the director's decision on safe parking permits.
(i)The applicant or subject property owner, or owners or residents/tenants
of a property within 600 feet of the subject property, may file an appeal of the director's
decision by filing a written request with the city clerk before the date the director's decision
becomes final. The written request shall be filed in a manner prescribed by the director and
shall be accompanied by a fee, as set forth in the municipal fee schedule.
(ii)At any time prior to the hearing, the person requesting the hearing may
withdraw the request. If the hearing request is withdrawn and 14 days have lapsed from the
mailing date of the notice under subsection (d)(2) above, the proposed director's decision shall
be final.
(4)Decision by the city council on appeal. If a timely appeal is received by the city
clerk, and not withdrawn, the director's decision shall be placed on the consent calendar of the
city council within 45 days. The city council may:
(i)Adopt the findings and recommendation of the director; or
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(ii)Remove the recommendation from the consent calendar, which shall
require three votes, following which the city council shall adopt findings and take action on the
application.
(5)Decision by the city council final. The decision of the city council on appeal is
final.
(e)Duration of Permits. Permits shall be valid as provided in Section 18.77.100.for a
period of up to 18 months unless suspended or revoked sooner as set forth in this section.
(1)Extension term. If the director does not find any violation of the permit conditions or
this Section during the initial 90-day period, the permit shall be automatically extended for up
to an additional 270 calendar days.
(2)Renewal term. If the director does not find any violation of the permit conditions or this
section during the 270-day extension period, the permit shall be renewed and be valid for a
period of up to one year or the expiration of this interim Ordinance No. 5490, whichever is
earlier.
(3)Expiration of interim ordinance. In no event shall a permit be valid beyond the
expiration date of interim Ordinance No. 5490.
(f)Standards and Conduct of Use. The following standards shall apply to all safe
parking uses:
(1)Qualifying site. Safe parking may be allowed on a parcel with an existing, legal
church or religious institution use.
(2)Number of vehicles. For the first twelve (12) months following permit issuance,
the permit holder may host up to four vehicles for safe parking per evening. After twelve (12)
months following permit issuance, the permit holder shall be eligible to host up to six vehicles
for safe parking per evening. After twenty-four (24) months following permit issuance, the
permit holder shall be eligible to host up to eight vehicles for safe parking per evening. The
Planning Director shall mail notice of each scheduled increase in capacity to the permit holder
and all residents and owners of property within 600 feet of the subject property. The increase
in capacity shall become effective fourteen (14) days after this notice is mailed unless an appeal
is filed pursuant to subdivision (d)(3) above. At no time shall more than 4 vehicles be used for
safe parking.
(3)Hours of operation. A safe parking use may only occur between the hours of 6:00
p.m. and 8:00 a.m.
(4)Noise. Audio, video, generator, or other amplified sound that is audible outside
the vehicles parked in the safe parking program is prohibited. Additionally, participants shall
observe quiet hours from 10:00 p. m. to 7:00 a. m.
(5)Shelter in vehicles. All persons receiving safe parking shall shelter within the
vehicles. No person shall be housed in tents, lean-tos, or other temporary facilities.
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(6)Required facilities. Accessible restroom facilities, including a toilet and
handwashing sink, shall be available to persons utilizing the site for safe parking at all times
during the hours of operation. These facilities may be the existing onsite facilities or mobile
facilities brought onsite on a temporary basis to serve persons utilizing safe parking. Whenever
feasible, portable restroom facilities shall be located at least 25 feet from neighboring
residential buildings and 25 feet from street frontages. In the event the lot configuration does
not allow such siting, the Director shall have discretion to determine the location of the
portable restroom and/or handwashing facilities.
(7)Contact information. The following emergency contact information shall be
posted on site in a place readily visible to persons utilizing safe parking: (i) a contact phone
number for the safe parking program operator; (ii) the police non-emergency phone number;
and (iii) 911. The safe parking program operator shall be available at all hours of operation at
the posted phone number and shall be the first contact for non-emergency matters. The
contact information described shall also be sent from the City by mail to the residents and
owners within 600 feet of the program site.
(8)Connection to county case management system. The safe parking use shall be
managed and operated by a safe parking program operator that participates in the federal
Homeless Management Information System with Santa Clara County or other county.
(9)Safe, clean, orderly premises. The safe parking area and other onsite areas
accessed by persons utilizing safe parking shall be maintained in a safe, clean and orderly
condition and manner.
(10)Compliance with laws. The safe parking use shall be operated in a
manner that is fully in conformance with all state and local laws including regulations and
permit requirements.
(11)Annual Reporting. The safe parking program operator shall submit a
report to the Director reflecting the prior calendar year’s activities. The report shall be
submitted electronically in a format approved by the Director. The report shall include the
number of individual participants in the calendar year, the number of nights each space was
occupied each year, the disposition of each participant that exited the program during the
calendar year (exit to housing, exit to homelessness, etc.), the city in which the person was last
housed, and any complaints from neighbors communicated to the operator or permit holder
along with the resolution of the complaints. Where a safe parking program operator operates
multiple sites within the City of Palo Alto, the annual report may be combined.
(12)Participant preferences. A safe parking program provider shall award
available parking spaces with preference given to students, or households with students,
enrolled in the Palo Alto Unified School District.
(13)Vehicle Idling. Vehicle idling is not allowed except as allowed under
Chapter 10.62 of this code.
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(14)No temporary structures. No temporary structures shall be erected in
relation to the safe parking program. Small amenities such as chairs may be utilized during
program hours, provided that they are stored in vehicles or within the permit holder’s
building(s) during quiet hours.
(15)Personal property. All personal property shall be stored in participant
vehicles.
(16)Fire. No open fires or open flames are allowed.
(17)Lot monitoring. The safe parking program operator shall deploy lot
monitors to occupied safe parking lots. Lot monitors shall make at least three visits to the lots
to ensure the safety of the participants and adherence to the operational conditions. Lot
monitors are advised to be deployed in the early evening (lot opening – 10:00 p. m.), in the
overnight hours (11 p. m. – 5 a. m.), and in the morning hours (6 a. m. – 8:00 a. m.).
(g)No Assignment of Permit. No person shall assign or transfer a safe parking
program permit issued under this section.
(h)Suspension, Revocation and Modification.
(1)Grounds for suspension, revocation or modification. The director may suspend,
revoke or modify a permit, according to the procedures set forth in subsection (h)(2) below, if
the director finds that:
(i)Operation of the safe parking program violates any provision of the
permit, this section, other applicable provision of this code, or state law; or
(ii)Operation of the safe parking program is detrimental to public health,
safety or the general welfare.
(2)Procedure for suspension, revocation or modification of approval.
(i)Public hearing by director
(a)Notice to permit holder. Whenever the director believes that grounds for
the suspension, revocation, or modification of a permit exist, the director shall give the permit
holder written notice of the date, time and place of a hearing to be held before the director on
whether the permit should be suspended, revoked, or modified. The notice shall state the
alleged grounds for the proposed revocation, suspension or modification of the permit, and the
notice shall be served on the permit holder by mail at least 10 days prior to the hearing at the
most recent home or business address on file with the planning and development services
department.
(b)Notice to public. Notice of the hearing shall be given at least 10 days prior
to the hearing by mailing to all residents and owners of property within 600 feet of the subject
property.
(ii)Decision of the director.
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(a)Within 10 days following the hearing, the director shall prepare a written
decision to revoke, suspend, modify, or leave unchanged the permit.
(b)Notice of the decision shall be provided by mail to the permit holder, by
posting on the planning and development services' department's website and by email to other
interested persons who requested notice to the planning and development services
department.
(c)The director's decision shall become final 10 days after the notice is
mailed to the permit holder unless a timely appeal is filed.
(iii)Request for appeal hearing. The permit holder or subject property owner,
or owners or residents of a property within 600 feet of the subject property may file an appeal
of the director's decision with the city clerk. The appeal shall be filed in written form in a
manner prescribed by the director.
(iv)Decision by the city council on appeal. If a timely appeal is received by
the city clerk, and not withdrawn, the director's decision shall be placed on the consent
calendar of the city council within 45 days. The city council may:
(a)Adopt the findings and recommendation of the director; or
(b)Remove the recommendation from the consent calendar, which shall
require three votes, following which the city council shall adopt findings and take action on the
application.
(v)Effective date of revocation, suspension or modification. The decision of
the city council is final. The revocation, suspension or modification will be effective 5 days after
mailing of the decision addressed to the permit holder.
SECTION 3. A temporary safe parking permit issued under Ordinance No. 5490 shall, upon
written request of the permit holder, become subject to the rights and obligations provided in
Palo Alto Municipal Code Section 18.42.160 as enacted by this ordinance and as may be
amended from time to time. Specifically, the duration of such permit would not be limited by
an expiration date or the expiration of Ordinance No. 5490 and the permit would be subject to
the requirements of Section 18.42.160, subdivision (f).
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the Ordinance would be
subsequently declared invalid or unconstitutional.
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SECTION 5. The Council finds that the Ordinance is exempt from the California Environmental
Quality Act pursuant to Section 15301 of the CEQA Guidelines, which applies to minor
alterations of existing public or private structures, facilities, mechanical equipment, or
topographical features involving negligible or no expansion of use. Adopting the Ordinance to
allow the use of existing parking lots for temporary overnight safe parking would not constitute
any significant expansion of use. CEQA Guidelines Section 15061(b)(3) also applies to the
adoption of the Ordinance because it can be seen with certainty that there is no possibility that
the activity of limited parking overnight in existing parking lots may have a significant effect on
the environment. The Council further finds that the potential exceptions to the categorical
exemption in CEQA Guidelines Section 15300.2 are not applicable. Use of existing parking lots in
the operation of temporary safe parking does not impose a significant cumulative impact over
time as the use as a parking lot is generally unchanged and the safe parking use is limited to a
short duration; it is not an unusual circumstance to modify the hours of use of existing facilities,
and there is nothing unusual about the size or location of the existing parking lots at which
temporary overnight safe parking would be allowed; the use of existing parking lots does not
adversely impact scenic or historical resources; and the Ordinance does not involve hazardous
sites as it relates to existing parking lots and no ground disturbance would result from
implementation of the Ordinance.
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SECTION 6. This Ordinance shall be effective on the thirty-first date after the date of its
adoption.
INTRODUCED: December 4, 2023
PASSED: January 16, 2024
AYES: BURT, KOU, LAUING, LYTHCOTT-HAIMS, STONE, VEENKER
NOES: TANAKA
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
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Envelope Id: 712037225C3E4D208E8796FEE938A027 Status: Completed
Subject: DocuSign: ORD 5609 - Safe Parking
Source Envelope:
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Certificate Pages: 2 Initials: 0 Vinhloc Nguyen
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250 Hamilton Ave
Palo Alto , CA 94301
Vinhloc.Nguyen@CityofPaloAlto.org
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Albert Yang
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City of Palo Alto
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City of Palo Alto
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Vice Mayor
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Mahealani Ah Yun
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City Clerk
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