Mountain View Municipal Code § 19.109 Performance requirements

"Case management services" shall mean arranging and coordinating care and services for the safe parking program participant.

"Family" shall mean one (1) or more individuals who have not attained the age of eighteen (18) years being domiciled with a parent or legal guardian, or the designee of such parent or legal guardian with the written permission of such parent or guardian.

"Fire chief" shall mean the fire chief or designee.

"Police chief" shall mean the police chief or designee.

"Safe parking provider" shall mean an agency or organization licensed or supervised by a federal, state or local health/welfare agency that participates in the Federal Homeless Management Information System (HMIS) and has demonstrated experience with the homeless population by assisting individuals and families with achieving economic self-sufficiency.

"Senior" shall mean a person aged fifty-five (55) years or older.

(Ord. No. 16.19, § 12, 10/22/19.)

a. Safe parking, as defined in Sec. 36.60.41 of the City Code, shall obtain a safe parking permit from the police chief, except for safe parking operated on sites owned or controlled by the city, which shall be exempt from the requirements set forth in this division.

b. After an applicant obtains:

1. A valid nondiscretionary conditional use permit pursuant to Chapter 36 of the City Code; or

2. Confirmation the safe parking program is allowed at the site location and exempt from a conditional use permit pursuant to Chapter 36, subsection 36.30.95.c., by the community development department, safe parking program applicants shall:

(a) File a written application with the police chief, on a form provided by the city, which contains information as required by the police chief to operate a safe parking program.

(b) If a safe parking program is exempt from a nondiscretionary conditional use permit, the application requirements included in Sec. 36.30.105 of the City Code shall be submitted as part of the written application filed with the police chief pursuant to this section.

c. The police chief and/or fire chief shall have the authority to and may request inspection of the safe parking site to ensure compliance with City Code requirements. Failure to allow the police chief or fire chief to inspect the safe parking program consistent with and to administer the provisions of this chapter may result in the suspension or termination of the safe parking program permit in accordance with Sec. 19.109.1.

(Ord. No. 16.19, § 12, 10/22/19.)

a. The police chief shall issue a permit on submitted applications that meet the requirements set forth in Sec. 19.106. The applicant shall pay the city a nonrefundable fee, in an amount established by council resolution, at the time of filing the application.

b. Permits shall be valid for up to one (1) year unless suspended or revoked sooner as set forth in this chapter.

c. Prior to issuance of a permit, the police chief and fire chief shall inspect the safe parking program site for compliance with the safe parking program requirements. Failure to allow the police chief or fire chief to inspect the safe parking program shall result in a denial of the safe parking program permit.

d. No person shall assign or transfer a safe parking program permit issued under this chapter.

e. Renewal of permits shall be applied for and acted upon in the same manner as the process for issuance of a new permit.

f. The police chief shall grant or deny the application within thirty (30) business days of the applicant's submission.

g. The police chief shall give written notice to the applicant by mail or in-person delivery. If the application is denied, the notice shall advise the applicant of the reasons for the denial and his/her right to appeal the decision of the police chief through the procedures set forth in subsection h. below.

h. Appeal of a denial of an application shall be made to the city manager through the following procedures:

1. Request for appeal hearing. The applicant shall file a written request for an appeal hearing, which states the specific grounds on which the decision of the police chief to deny the application is contested, with the city manager's office within five (5) business days of the delivery of the police chief's decision to the applicant at the most recent home or business address on file with the police department or within ten (10) business days of service of the police chief's decision by United States mail.

2. Notice of time and place of hearing. Upon receipt of a timely request for an appeal hearing, the police chief shall notify the applicant in writing of the date, time and place of the hearing before the city manager, which shall not be less than five (5) business days after the service of such written notice on the applicant by in-person delivery at the most recent home or business address on file with the city or ten (10) business days after the deposit of the notice in an envelope addressed to the applicant by United States certified mail.

3. Hearing before city manager. At the hearing, both the applicant and the police chief shall have the right to appear and be represented by counsel, and to present evidence and arguments relevant to the grounds on which the decision to deny the application is appealed. The burden of proof shall be on the applicant to show that he/she meets the application requirements.

4. Decision of city manager. Within ten (10) business days of the hearing, the city manager shall issue a written decision which states whether the decision to deny the application is upheld or reversed and the reasons for this determination. The decision shall be served upon the applicant by in-person delivery or mail. The decision of the city manager shall be final.

(Ord. No. 16.19, § 12, 10/22/19.)

Safe parking programs shall comply with the following:

a. The standards set forth in Chapter 36, Sec. 36.30.100 of the City Code shall apply regardless of whether a nondiscretionary conditional use permit is required.

b. All propane tanks must be securely fastened to a recreational vehicle's propane tank mounting bracket.

c. Fire extinguishers (minimum size of 2-A:10-B:C) shall be mounted and visibly accessible within a seventy-five (75) foot distance of any occupied area.

d. Fires of any kind shall be prohibited. Cooking and food preparation (barbecues, etc.) outside the vehicle is prohibited. Use of cooking equipment is allowed inside the vehicle so long as the cooking equipment is constructed as part of the recreational vehicle and has not been modified or altered. Propane or other combustible materials shall be prohibited except to the extent used in conformance with the recreational vehicle's manufacturer's approved and commercially installed cooking appliance.

e. Cooking in passenger cars is prohibited.

f. No rent shall be received for this overnight parking lot use.

g. A smoke/carbon monoxide detector is required for RVs.

h. All personal property shall be stored inside the vehicle.

i. Vehicles that leak domestic sewage, as defined in Sec. 35.29 of the City Code, or other waste fluids or solids, or other fluids (including, but not limited to, gasoline, transmission or radiator fluid or engine oil), excluding potable water, are prohibited.

j. Vehicles shall be parked within the designated parking area.

k. Audio, video, generator or other amplified sound that is audible outside the vehicles parked in the safe parking program is prohibited.

l. Buildings on the site must be secure from trespassing, and property owners participating in safe parking will have signed a waiver for trespassing arrests.

(Ord. No. 16.19, § 12, 10/22/19.)

a. Safe parking provider. A safe parking program shall be managed and monitored by a qualified safe parking provider subject to the approval of the city manager's office. The safe parking provider shall provide case management services.

b. Authorized vehicles only. The safe parking provider shall ensure that only vehicles registered in the program are parked overnight during program hours and shall issue a parking permit to all participants to be displayed in vehicle windows at all times when parked in the safe parking lot.

c. Participant information. At all times, the safe parking provider shall maintain a roster of the names and vehicle license numbers of each participant who is authorized to park overnight.

d. Participant preferences.

1. A safe parking program provider shall develop a preference list to award available parking spaces with the following preferences:

(a) First preference shall be given to families with students enrolled in a school district school within Mountain View.

(b) Second preference shall be given to those who:

(1) Had, within the past five (5) years from adoption of this provision, a legal address or resident address for purposes of voter registration in the City of Mountain View; or

(2) Work in Mountain View.

(c) Third preference shall be given to seniors.

(d) Fourth preference shall be given to a person with a disability under the Americans with Disabilities Act.

e. Written agreement with participants. Only participants who have entered into a written agreement with a safe parking provider shall be allowed to use parking spaces overnight.

f. Participant agreement requirements. An agreement between the safe parking provider and participant shall include, but not be limited to, the following terms and conditions:

1. Only one (1) vehicle is allowed per participant.

2. The vehicle shall be registered and lawfully possessed by the participant.

3. Participants shall possess a valid driver's license, vehicle insurance and a working vehicle capable of being driven on and off the safe parking site at all times.

4. Participants shall complete an assessment and participate in case management services.

5. Participants shall not use or possess on their person or vehicle any illegal drugs or alcohol either on their person or in their vehicle while parked in the safe parking lot.

6. Participants shall not smoke, as defined in City Code Sec. 21.47, within the designated safe parking area and twenty-five (25) feet thereof.

7. Participants shall not use or possess weapons or firearms of any kind while parked in the safe parking lot.

(Ord. No. 16.19, § 12, 10/22/19.)

a. Upon receipt of substantiated written complaints from any citizen, code enforcement officer or police department officer, which includes information and/or evidence, supporting a conclusion that a violation of the permit, or of city ordinances or regulations applicable to the property or operation of the facility may result in a suspension or revocation hearing pursuant to this section.

b. If subject to a conditional use permit pursuant to Chapter 36, in the event the conditional use permit is suspended or revoked, the permit issued pursuant to this chapter is automatically suspended or revoked, consistent with the action on the conditional use permit.

c. Grounds for suspension or revocation of registration. The police chief may suspend for a period of up to nine (9) months or revoke a permit, according to procedures set forth in subsection d., below, if there is probable cause to believe that:

1. The safe parking use is operated without a valid permit.

2. Operation of the safe parking program violates any provision of this division, or other applicable City Code provisions or state law.

d. Procedure for revocation or suspension of permit.

1. Suspension of registration pending hearing. Whenever the police chief has probable cause to believe that grounds for the suspension or revocation of a permit exist, he/she may immediately suspend the permit by written notice pending the hearing process set forth in this subsection. If a permit is immediately suspended, the police chief shall give written notice of the hearing date, time and place to the registration holder within three (3) business days of the suspension and as set forth in subsection 2., below. A hearing shall be scheduled in accordance with subsection 3., below, and shall be held within thirty (30) calendar days of delivery of the hearing notice. All other subsections in this section shall apply unless where expressly stated otherwise.

2. Notice to permit holder. Whenever the police chief has probable cause to believe that grounds for the suspension or revocation of a permit exist, he/she shall give the permit holder written notice of the date, time and place of a hearing to be held before the police chief on whether the permit should be suspended or revoked. The notice shall state the alleged grounds for the proposed revocation or suspension of the permit, and the notice shall be served on the permit holder in person at the most recent home or business address on file with the police department or by deposit of the notice in the United States certified mail.

3. Hearing before police chief. The hearing on the revocation or suspension of the permit shall be held before the police chief no less than five (5) business days after the in-person delivery of the notice to the permit holder at the most recent home or business address on file with the police department, or no less than ten (10) business days after deposit of the notice, addressed to the permit holder, in the United States certified mail.

At the hearing, the permit holder and a representative of the city shall have the right to appear and to be represented by counsel, and to present evidence and arguments which are relevant to a determination of whether grounds for suspension or revocation of the permit exist.

4. Decision of police chief. Within ten (10) business days after the hearing, the police chief shall issue a written decision which states whether the permit is suspended or revoked, the length of any suspension and the factual basis for the decision, and that the permit holder may appeal any suspension or revocation to the city manager through the procedures set forth in subsection 6., below. The decision of the police chief shall be served on the permit holder by in-person delivery at the most recent home or business address on file with the police department or deposit of the notice, addressed to the permit holder, in the United States certified mail.

5. Request for appeal hearing before city manager. The permit holder may appeal the decision of the police chief by filing a written request for an appeal hearing, which states the specific grounds on which the decision of the police chief is contested, with the city manager's office within five (5) business days of the in-person delivery to the permit holder of the police chief's decision at the most recent home or business address on file with the police department, or within ten (10) business days of service of the decision by deposit of the notice, addressed to the permit holder, in the United States certified mail.

6. Appeal hearing before city manager. Upon receipt of a timely request for an appeal hearing, the city manager's office shall notify the permit holder in writing of the date, time and place of the hearing before the city manager, which shall not be less than five (5) business days after service of such written notice on the permit holder by in-person delivery at the most recent home or business address on file with the police department, or ten (10) business days after service of the notice by deposit of the notice, addressed to the permit holder, in the United States certified mail.

At the hearing, both the permit holder and the police chief shall have the right to appear and be represented by counsel and to present evidence and arguments which are relevant to the grounds for the appeal, as stated in the request for an appeal hearing. Within ten (10) days of the hearing, the city manager shall issue a written decision which states whether the decision of the police chief is upheld, modified or reversed, and the length of any suspension. The decision shall be served on the permit holder by in-person delivery or United States certified mail. The decision of the city manager shall be final.

7. Effective date of revocation or suspension. Except when a permit is suspended pending a hearing, any suspension or revocation of a permit shall become effective immediately upon the in-person delivery of the written decision of the police chief, or, in the event of an appeal, the city manager, to the permit holder at the most recent home or business address on file with the city, or within five (5) business days of the deposit of such decision addressed to the permit holder into the United States certified mail.

8. Surrender of suspended or revoked registration to police chief. Upon a written decision by the police chief, or in the event of an appeal, by the city manager, which suspends or revokes a permit the permit shall immediately be surrendered to the police chief. In the case of a suspension, the police chief shall return the permit after the period of suspension has ended.

(Ord. No. 16.19, § 12, 10/22/19.)