Part 17.5 — INCIDENTAL SAFE PARKING USE ON PLACES OF ASSEMBLY AND CITY PARCELS

The following definitions are for purposes of this Part:

"Assembly Building" means a Building that is primarily used for Assembly Use.

"Assembly Use" means a use involving the gathering of persons to participate in a group or common activity or to observe a presentation, performance, or exhibition.

"Incidental Safe Parking" means the providing of shelter of homeless people as an incidental use to an existing primary Assembly Use or another use identified in this Part provided that the safe parking use occupies less than fifty (50%) percent of the paved square footage of the Site, and where the shelter is provided in vehicles located in designated paved "Safe Parking Area(s)."

"Place of Assembly" means a Site that contains Assembly Uses including but not limited to religious assemblies, gymnasiums, libraries, theaters, schools, and community centers.

"Safe Parking Area" means the paved area(s) where the vehicles are parked for the Incidental Safe Parking use.

(Ord. 30226.)

A.

An Assembly Use may provide Incidental Safe Parking to homeless persons in compliance with Section 20.80.1680 and will not need to amend their current permit or obtain a new permit.

B.

If a legal Assembly Use does not comply with Section 20.80.1680, Incidental Safe Parking may only be provided if:

The use is specifically allowed by a conditional use permit or Planned Development permit issued for the Assembly Use; or

With an amendment to an existing conditional use permit or Planned Development permit for Assembly Use; or

With a special use permit if no conditional use permit or Planned Development permit is required for the Assembly Use.

C.

A management plan shall be submitted as part of any permit application for Incidental Safe Parking on Assembly Building site(s).

(Ord. 30226.)

A.

The Director or Planning Commission may issue a special use permit only after finding that:

The Incidental 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.

The proposed Site is adequate in size and shape to accommodate the Incidental Safe Parking use.

B.

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.

(Ord. 30226.)

An Assembly Use that is a legal use may provide Incidental Safe Parking to homeless persons subject to each of the following limitations:

A.

Incidental Safe Parking use may be allowed on a legal Parcel that is at least three thousand (3,000) square feet in size.

B.

No Assembly Building or other Structure shall be erected, enlarged or modified without an approved Development Permit as required by Chapter 20.100 of this Title.

C.

All persons receiving Incidental Safe Parking shall shelter within the vehicles, except as otherwise provided in the approved management plan that is completed as part of registration with the Housing Department. No person shall be housed in tents, lean-tos or other temporary facilities.

D.

No site shall be enlarged or modified for Incidental Safe Parking use without an approved Development Permit as required by Chapter 20.100 of this Title.

E.

The Incidental 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 which are not otherwise in conflict with the provisions of this Part.

F.

The Incidental Safe Parking use shall also comply with the requirements of Section 20.80.1665 or Section 20.80.1680.

G.

During weekdays, vehicles using the Incidental Safe Parking use shall arrive after 7:00 p.m. and depart before 10:00 a.m.

H.

No fires of any kind shall be permitted.

I.

No audio, video or other amplified sound may be played or generated that is audible outside participants' vehicles.

J.

Camping tarps or equipment erected beyond the participant's vehicle are prohibited.

K.

A restroom or portable toilet, water, refuse disposal, and sufficient trash and recycling receptacles shall be provided for the participants.

(Ord. 30226.)

Notwithstanding Sections 20.80.1665 and 20.80.1670 of this Part, no conditional use permit or special use permit shall be required for any Safe Parking use that meets and remains in full compliance with all of the following requirements:

A.

The Parcel containing the Incidental Safe Parking Area shall be located within the City's Urban Service Area.

B.

The boundary of the Incidental Safe Parking Area shall be at least five (5) feet from any exterior property line.

C.

The Incidental Safe Parking Area shall not be located at a distance closer than the following minimum setback distances from any residential use that is located on another Parcel, measured from the nearest point on the boundary of Incidental Safe Parking Area to the dwelling structure:

i.

Thirty-five (35) feet from the first story of an occupied dwelling structure where the adjacent residential use is separated by a solid six-foot tall or greater sound barrier with no adjacent second-story residential facades. To be effective, a noise barrier must be solid over the face and at the base of the barrier (i.e., no cracks or gaps), and be constructed from materials having a minimum surface weight of three pounds per square foot (3 lbs./sq. ft). One-inch (nominal thickness) wood fence boards are suitable as well as concrete or masonry block.

ii.

Sixty-five (65) feet from a single-story occupied structure where no sound barrier exists.

iii.

Sixty-five (65) feet from a second-story of an occupied dwelling structure.

iv.

Five feet (5) from an Accessory Dwelling Unit or Secondary Unit, where no openings on the nearest building wall exist.

D.

The Parcel containing the Incidental Safe Parking use shall comply with City Council Policy Number 4-3 on Outdoor Lighting for Private Developments, as may be amended from time to time.

E.

Incidental Safe Parking uses shall be registered with the Housing Department and periodically update registration, on such forms as may be approved by the Director of Housing.

F.

Sites containing Incidental Safe Parking uses shall be inspected for compliance with the Fire Code and Housing Department requirements.

G.

Quiet hours on any Parcel containing an Incidental Safe Parking use shall be maintained between 10:00 p.m. and 7:00 a.m., seven (7) days a week, 365 days a year. Quiet hours do not preclude outdoor activities, such as smoking in designated outdoor areas or exiting the Site.

H.

Any Site containing an Incidental Safe Parking use including public access and parking shall be maintained in a clean and safe condition, and in compliance with a management plan that is completed as part of registration with the Housing Department.

I.

Incidental Safe Parking use shall comply with the requirements of Section 20.80.1675.

J.

The operator shall work with any neighbor(s) to address impacts that the use may have on the neighboring community. The Management Plan shall require that a contact number be posted in plain view, timely responses be made, and a log of complaints, and responses to those complaints be maintained.

(Ords. 30226, 30283.)

Notwithstanding this Part, an Incidental Safe Parking use may be provided on a Parcel owned or leased by the City, provided that the Safe Parking Area(s) shall include no more than 49% of the paved area.

(Ord. 30226.)

A.

Council Policy 6-16 (Uses of Public Property) and Chapter 6.46 of Title 6 of this Code (regulating Mobilehomes and Mobilehome Parks) shall not apply to Incidental Safe Parking.

B.

Incidental Safe Parking use is exempt from maximum exterior noise level of 55 dB, measured at the property line adjacent to a property used or zoned for residential purposes.

(Ords. 30226, 30283.)