R 4441 RESOLUTION NO. 4441
A RESOLUTION OF THE CITY COUNCIL OF THE CITY ,
OF ARROYO GRANDE APPROVING TEMPORARY USE
PERMIT NO. 12-002 TO ESTABLISH A PILOT SAFE
OVERNIGHT PARKING PROGRAM AT ST. BARNABAS
EPISCOPAL CHURCH LOCATED AT 301 TRINITY
AVENUE '
WHEREAS, a lack of adequate affordable housing in the County of San Luis Obispo
and City of Arroyo Grande results in many individuals and families living in their
recreational vehicles and automobiles; and
WHEREAS, St. Barnabas Church desires to provide a safe and sanitary place for
people to park their vehicles on a short-term basis while they transition to more
permanent housing; and
, WHEREAS, St. Barnabas Church has applied for a Temporary Use Permit to establish
a pilot safe overnight parking program ("pilot program") as outlined in Exhibit "A"; and
WHEREAS, the St. Barnabas Church property ("property") is zoned Public Facility (PF)
with a design overlay (D-2.8); and
WHEREAS, the property is developed with a church facility including a parking lot
containing 95 spaces; and
WHEREAS, the Planning Commission reviewed the proposed pilot program as a non-
public hearing item on March 6, 2012 and recommended approval to City Council; and
WHEREAS, the City Council considered the proposed pilot program on March 27, 2012;
and
WHEREAS, the Ciry Council finds that this project is consistent with the City's General
Plan, Development Code and the environmental documents associated therewith, and has
determined that the project is categorically exempt per Sections 15061(b)(3) and 15305 of
the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council finds that, Arroyo Grande Municipal Code Sections
9.22.020.D, 9.22.030, 10.28.030 and 10.28.040 pertaining to overnight parking or
camping or recreational vehicle parking in a private parking lot notwithstanding, the pilot
safe overnight parking program applied for herein is allowable pursuant to issuance of a
Temporary Use Permit and compliance with all of the conditions thereof.
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
RESOLUTION NO. 4441
PAGE 2
FINDINGS FOR APPROVAL
1. The operation of the requested use at the location proposed and within the time
period specified will not jeopardize, endanger or otherwise constitute a menace
to the public health, safety or general welfare.
Operation of the pilot safe parking program will be in the eastem portion of the
existing parking lot of St. Bamabas Church. The church property is relatively
large (8.56 acres) and situated on top of a hill approximafely 250' away from the
closest residence. Surrounding land uses include Agriculture to the north, low
density residential development and undesignated property (commonly referred
to as the "Arroyo Linda" property) to the east, low density residential
development to the south, and medium density residential development to the
west. The proposed "Safe Parking Program" and "Rules" of the program are
intended to protect the public health, safety and general welfare of the
community. Because it is a pilot program, assessment will be ongoing
throughout the one-year temporary time period. The program can be terminated
at any time during this period if issues arise that constitute a menace to public
health, safety or general welfare or if permit conditions are violated.
2. The proposed site is adequate in size and shape to accommodate the temporary
use without material detrimental to the use and enjoyment of other properties
located adjacent to and in the vicinity of the site.
The program property is large in size (8.56 acres) and situated on top of a hill
away from existing residential development.
3. The proposed site is adequately served by streets or highways having su�cient
width and improvements to accommodate the kind and quantity of traffic that the
temporary use will or could reasonably be expected to generate.
The church property is accessed by a private driveway off of Trinity Avenue, an
improved public street with su�cient width to accommodate up to five (5)
additional vehicles.
4. Adequate temporary parking to accommodate vehicular tra�c to be generated by
the use will be available either on-site or at alternate locations acceptable to the
Community Development Director.
Adequate parking is provided on the church properfy for the proposed program.
The church site contains 95 parking spaces, and the program will accommodate
up to five (5) vehicles during off business hours (from 7:00 PM to 7:00 AM).
RESOLUTION NO. 4441
PAGE 3
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby approves Temporary Use Permit No. 12-002, subject to the conditions as set forth
in Exhibit "A", attached hereto and incorporated herein by this reference.
On motion of Council Member Guthrie, seconded by Council Member Ray, and on the
following roll call vote, to wit:
AYES: Council Members Guthrie, Ray, Costello, Brown, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 27�h day of March, 2012.
RESOLUTION NO. `1HNJ
PAGE 4
�
TONYF , MAYOR
ATTEST:
KELLY ETM E, CITY CLERK
APPROVED AS TO CONTENT:
STE N ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TI OTHY J. C L, CITY ATTORNEY
RESOLUTION NO. 4441
PAGE 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
TEMPORARY USE PERMIT NO. 12-002
St. Barnabas Church
301 Trinity Ave.
COMMUNITY DEVELOPMENT DEPARTMENT
This Temporary Use Permit No. 12-002 authorizes the establishment of a Pilot Safe
Overnight Parking Program subject to the conditions listed below.
1. The pilot safe parking program shall adhere to the "Safe Parking Process" as
follows:
a. A Case Manager at The Community Health Center (CHC), who works with
the homeless of the Five Cities Area, would refer people identified as
appropriate for the program. The Case Manager would screen applicants
through an interview and questionnaire to determine the qualifications of
applicant.
b. When approved by the Case Manager, the Case Manager will then
contact the Police Department for approval of all people who will be
sleeping in the vehicle. The Police Department will conduct a limited
background check. Anyone found to have a history of sexual violations,
violent crimes or other issues of concern to the police will not be allowed
to participate in the program.
c. The names of the qualified individuals, license and registration number of
the vehicle, and permit time period will be forwarded to the Police
Department, St. Barnabas Church office, and the church program
manager.
d. A permit will be issued to be displayed in the vehicle (see Attachment 1).
A copy of the rules will be provided and a signed receipt obtained.
e. The church program manager will arrange for surveillance and be the
contact person for any problems.
2. The program is subject to the following rules:
a. No more than one (1) vehicle per family at a site.
b. Parking permit in vehicle window to be clearly visible.
c. Enter space between 7:00 and 9:00 PM and leave by 7:00 AM.
d. The use of alcohol or drugs will not be tolerated and result in immediate
loss of parking privileges.
e. Cooking outside the vehicle or the building of fires is not allowed.
f. Individuals are to sleep in the vehicle only— no tents are allowed.
g. No littering. All trash must be removed from the site.
h. Pet waste must be cleaned up and disposed of properly off site.
i. Loud music, generators or other loud noise is not permitted.
RESOLUTION NO. 4441
PAGE 6
j. Permitted guests cannot invite other vehicles to the site.
k. Non-registered guests cannot be on the site.
I. Violent behavior, damage to property or uncooperativeness with church
representatives or police will result in immediate ejection from the site and
irrevocable dismissal from the program.
m. Participants are to leave the neighborhood during the daytime.
n. Participants are expected to respect and follow all laws of the community
including ordinances against panhandling.
o. Failure to comply with the above rules or to respond appropriately to
requests from representatives of the church or the police may result in the
immediate loss of parking privileges.
p. The church reserves the right to remove anyone from the program.
3. Three (3) vehicles and a supervisor vehicle are allowed for an initial three (3) month
period, with an option to increase to up to five (5) vehicles and a supervisor vehicle
if approved by the Community Development Director.
4. A portable restroom with washing facilities shall be provided on site.
5. The program shall be limited to people in south San Luis Obispo County.
6. Shielded lightning shall be installed in designated areas of the parking lot as
approved by the Police Department.
7. The pilot program shall expire on September 27, 2012 unless a one-year time
extension is granted or a Conditional Use Permit application is approved that
permanently establishes a safe parking program.
8. The applicant shall agree to defend, indemnify and hold the City harmless, at
his/her/its sole expense from any action brought against the City, its agents,
officers, or employees because of said approval, or in the alternative, to
relinquish such approval. The applicant shall reimburse the City, its agents,
officers, or employees, for any court costs and attorney's fees which the Ciry, its
agents, officers, or employees may be required by a court to pay as a result of
such action. The City may, at its sole discretion, participate at its own expense in
the defense of any such action but such participation shall not relieve applicant of
his/her obligations under this condition.
9. Notwithstanding any other condition herein, the Ciry Council shall have the authority
to rescind this approval and terminate this pilot program, with or without cause, at
any time.
� OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4441 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the
27�h day of March 2012.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28�h day of
March, 2012.
KELLY ETM RE, CITY CLERK