HomeMy WebLinkAbout2025-03-04; City Council; 07; Ordinance Amending Title 8 of the Carlsbad Municipal Code to Address Quality of Life Concerns Related to People Living in VehiclesCA Review JRT
Meeting Date: March 4, 2025
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Mandy Mills, Housing & Homeless Services Director
mandy.mills@carlsbadca.gov, 442-339-2907
Christie Calderwood, Chief of Police
christie.calderwood@carlsbadca.gov, 442-339-2216
Jennifer True, Assistant City Attorney
jennifer.true@carlsbadca.gov, 442-339-5198
Subject: Ordinance Amending Title 8 of the Carlsbad Municipal Code to Address
Quality of Life Concerns Related to People Living in Vehicles
Districts: All
Recommended Action
Introduce an ordinance amending Carlsbad Municipal Code Chapter 8.36, Section 8.36.020 to
address quality of life concerns related to people living in vehicles.
Executive Summary
On Aug. 27, 2024, the City Council received a presentation about a recent United States
Supreme Court decision that could impact the city’s efforts to address homelessness. The
decision, in the case of Grants Pass v. Johnson, overturned a court ruling that prevented cities
from enforcing public camping restrictions unless adequate shelter space was available.
Staff presented the City Council with several potential changes in enforcement and other
service options it could consider if it wanted to add or change anything in the city’s five-year
plan to address homelessness.
The City Council directed staff to solicit feedback through the Housing Commission to discuss
the Supreme Court decision and options and then return to the City Council with the input
received.
Based on the feedback received, city staff are now presenting amendments to Chapter 8.36 of
the Carlsbad Municipal Code to prohibit people from living in vehicles on public streets and in
public places.
Only the City Council has the authority to make changes to the Municipal Code.
March 4, 2025 Item #7 Page 1 of 19
Explanation & Analysis
Background
Homelessness continues to be a growing problem throughout the country, the state and across
the San Diego region. The city’s approach focuses on creating lasting solutions for those
experiencing homelessness in Carlsbad and addressing homelessness's impact on the
community. This includes a variety of programs to help people access permanent housing, job
training and services and support needed to become self-sufficient. The Police Department also
has a Homeless Outreach Team to address concerns from residents and businesses, including
reports of encampments, nuisance behaviors and other issues.
Timeline
• In 2017, the City Council approved the City of Carlsbad Homeless Response Plan which
included direction that the city evaluate existing ordinances that impact the community
and the city’s response to homeless-related issues.
• In 2018, the 9th Circuit Court of Appeals decision in the case of Martin v. Boise
prohibited cities from enforcing their restrictions against camping in public places unless
adequate shelter space was available for the people involved.
• In 2021, the City Council amended its unlawful camping ordinance to ensure consistency
with that ruling. The City Council also approved a program that allowed the Police
Department to offer a motel stay voucher to people they found violating the camping
ordinance if other shelter options were not available. That 2021 update did not address
camping in a vehicle on a public street or other public places.
• On June 28, 2024, the U.S. Supreme Court issued its decision in Grants Pass v. Johnson,
overturning Martin v. Boise. In response, some San Diego County cities reevaluated their
camping ordinances to determine whether changes were warranted in light of the
Grants Pass decision.
• On July 25, 2024, Governor Newsom issued an executive order directing state agencies
to remove homeless encampments and encouraging local jurisdictions to adopt the
state’s guidelines for providing notice to vacate appropriate for the site conditions,
providing outreach services in coordination with service providers, and removing and
storing personal property collected at removal sites.
• On Aug. 27, 2024, city staff presented a detailed report to the City Council – Exhibit 4 –
that explained the Grants Pass decision and provided an overview of the city’s pertinent
ordinances and an update on the city’s efforts to address homelessness, along with a
number of enforcement and other service options it could consider if it wanted to add
or change anything in the city’s five-year plan to address homelessness. The City Council
directed city staff to take the subject to the Housing Commission to gather its feedback
and public input on the options and then return to the City Council for further
discussion.
• The Housing Commission meeting was held Nov. 14, 2024. In general, most
commissioners and community members who spoke expressed a desire to continue
helping people experiencing homelessness to secure housing with the understanding
March 4, 2025 Item #7 Page 2 of 19
this path is not a one-size-fits-all approach and will vary on the complex needs of the
individual. The speakers also expressed a desire to reduce the impacts of homelessness
on the community. People expressed the need for enforcement tools to uphold public
safety when necessary, and as a way to gain compliance. The commission did not take a
vote on the matter.
• The Police Department held a community meeting on Dec. 17, 2024, to gather feedback
on proposed overnight parking restrictions from the 2600 to 2800 blocks on Garfield
Street. That proposal did not receive general support. The predominant sentiment was a
desire for additional options, including exploring a citywide ban on individuals sleeping
in vehicles, implementing permit parking for residents and guests, and considering
alternative long-term solutions for persons living in their vehicles. Attendees said that
restricting overnight parking in a certain location did not offer a long-term solution to
the problem and would only cause displacement to other areas of the city.
• On Jan. 6, 2025, the Traffic Safety & Mobility Commission discussed a request from
community members to restrict overnight parking restrictions from the 2600 to 2800
blocks on Garfield Street to address the concern about people sleeping in their vehicles.
The general sentiment from the public speakers and commissioners was that restricting
overnight parking in certain locations did not offer a long-term solution to the problem
and would only cause displacement to other areas of the city. The commission voted not
to recommend approval of the restriction of overnight parking on Garfield Street and to
recommend that the City Council explore a more holistic approach to citywide overnight
parking and the potential of a designated overnight parking area for people living in
their vehicles because they do not have other options.
Camping on streets, sidewalks, parks and other public property
In September 2021, as part of the city’s homeless response plan, the City Council made several
changes to the Carlsbad Municipal Code to prohibit:
• Unlawful camping on public and private property (The amendments to the city’s
unlawful camping ordinance addressed the legal limitations imposed by Martin v. Boise)
• Fires and cooking on public property
• Storage of personal property in public places
• Solicitation
• Trespassing
• Obstruction of property
• Disorderly conduct
• Possessing or consuming open containers of alcohol in certain public places
As outlined in the August 2024 City Council presentation, the Supreme Court ruled that
punishments for illegal camping imposed by local ordinances do not qualify as cruel or unusual
punishment under the Eighth Amendment. However, the Supreme Court noted that violations
of the ordinances may still be subject to other types of defenses that defendants can raise
during their trials, such as necessity, insanity or diminished capacity, duress, and selective
enforcement.
March 4, 2025 Item #7 Page 3 of 19
Carlsbad’s approach to encampments
The City of Carlsbad’s policies and practices related to encampments are generally consistent
with the California Department of Transportation’s “clearance with support” approach to
encampment cleanup, which aim to end unlawful behavior and connect people to available
services and resources, including shelters and housing.
• During fiscal year 2023-24, the city cleaned up 40 encampments over 135 days, resulting
in the removal of 151.5 cubic yards of trash and abandoned items.
• The Carlsbad Municipal Code allows city personnel to remove and store personal
property that is unlawfully stored, unattended or otherwise found in an unlawful
encampment in accordance with applicable written and publicly available Police
Department policies and procedures.
• The Carlsbad Police Department Policy Manual outlines the policies to ensure that
department personnel understand the needs and rights of people experiencing
homelessness and have established procedures to guide officers during all types of
contacts.
• City-contracted social workers offer services and shelter referrals to people experiencing
homelessness, with a focus on areas known to have encampments.
The City of Carlsbad follows these policy guidelines and includes them in its contracts with
outside agencies to ensure they follow them as well.
Update on encampment removal grant funding
The city has received three grants related to encampment removal from the state’s
Encampment Resolution Funding program since July 2023.
In August 2024, when staff presented its last report to the City Council, the city had received
the following two grants from the state’s Encampment Resolution Funding:
• A $2.3 million three-year grant to assist people with finding housing and moving out of
encampments in the Village and Barrio, around the Cole Library, Holiday Park and Pine
Park. In the first six months, 15 households have been transitioned to temporary
housing (shelter, motels, etc.) and 13 households moved into permanent housing.
• An $11.4 million grant with the City of Oceanside to help people who are living in
encampments along State Route 78 and Buena Vista Creek secure safe and stable
housing.
Recently, in January 2025, the City Council authorized contracts under a new $2.9 million
Encampment Resolution Funding grant for a homeless outreach program to assist people living
in their cars in the downtown Village, Barrio and beach areas move into stable housing. A key
feature of the program will be the targeted hours of outreach, the early morning and late-night
hours throughout the week, which are timed to better connect with individuals when they are
parked and present in their vehicles. This grant is new, and work has not yet begun under this
agreement. Staff estimate that, over its three years, the grant should be able to transition
112 people sleeping in their vehicles in Carlsbad into housing.
Enforcement alone tends to move the problem to a new location or can result in barriers for
people to secure housing. The work to be funded by these three grants will focus on finding
March 4, 2025 Item #7 Page 4 of 19
long-term solutions to help people end their homelessness and reduce the impacts on the
community.
Sleeping in vehicles
The city’s current ordinances adequately cover unlawful camping on public and private
property and nuisance behaviors such as trespassing, disorderly conduct and possessing or
consuming open containers of alcohol. Current city ordinances do not address camping in a
vehicle on public streets or other public places.
People living in their vehicles has become a growing concern throughout the region. Data
shows the profile of those living in vehicles is different than those living on the street because
they are often newer to homelessness and include seniors, working adults and families with
children priced out of housing. The most recent results from Carlsbad’s 2024 Point in Time
Count show 56 people living in vehicles, twice what it was the year before, with most of them in
the downtown area. Regionwide, there was a 44% increase over the previous year.
Community members have expressed concerns about people living in their vehicles at city
parking lots and local neighborhoods.
With the increase in people sleeping in their vehicles across the region, city staff recommend an
approach to help people living in their vehicles while trying to secure permanent housing. That
is because restricting parking in certain areas typically results in people moving from location to
location, requiring ongoing enforcement with no long-term solution.
Review of actions taken by other cities
Like Carlsbad, many cities have updated their municipal codes in recent years to address
camping on public property. The recent Grants Pass decision has many agencies reviewing their
laws and policies again. To date, four cities in the region, Chula Vista, Oceanside, San Marcos
and Vista, have updated their unlawful camping ordinances or decided to enforce them, given
the Grants Pass decision. The City of Escondido updated its unlawful camping ordinance on
June 26, 2024, two days before the Grants Pass decision. The City of Poway’s unlawful camping
ordinance contains a sunset provision stating that the requirement to offer shelter before
issuing a citation is no longer a requirement under the ordinance.
Public camping
All 18 cities in the San Diego region have some type of prohibition on public camping. All
prohibit camping in public parks, and some prohibit camping on other public property, including
sidewalks. Three local cities, Carlsbad, Oceanside and San Diego, require shelter to be offered
before citations for unlawful camping on public property can be issued. All three of these cities
have exceptions that only require an offer of shelter under certain circumstances, e.g., during
the evening hours and not when the encampment is in open space, near a waterway, or a
certain distance from a potentially sensitive area, such as a school or a park.
Living in vehicles
Fifteen cities have some form of restriction on sleeping or residing in vehicles, including
restrictions based on time of day or location. Carlsbad’s Municipal Code does not currently
prohibit sleeping in or living in vehicles. The City of San Diego's restrictions on living or sleeping
in vehicles had faced legal challenges, which have since settled. The settlement required the
establishment of safe parking lots and for space to be available before a citation could be given.
March 4, 2025 Item #7 Page 5 of 19
The City of National City has decided not to enforce its ordinance at this time. The City of
Oceanside will not enforce its ordinance until the establishment of a safe parking lot, which is
expected to open in the near future. Most agencies expressed they use some type of variation
of providing resources first approach with documenting the incident.
A more detailed review of existing camping ordinances in the San Diego region, by jurisdiction,
is provided as Exhibit 5.
Proposed ordinance amendment
After review of community feedback and options, city staff recommend a citywide approach to
prohibit unlawful camping in vehicles with a “clearance with support” approach.
The goal is to continue to help people experiencing homelessness secure housing while
continuing to reduce the impacts of homelessness on the community. While the city is
dedicated to continuing a compassion-led effort to work with individuals to move out of
homelessness, additional measures are needed on the enforcement side, to uphold public
safety when necessary and as a way to gain compliance from people who refuse assistance.
City staff recommend amending Chapter 8.36.020 to update the definition of “Camp facility” to
include one’s vehicle and include a definition of “vehicle” to be consistent with the California
Vehicle Code definition. Exhibit 1, Attachment A includes the proposed ordinance as amended.
Exhibit 2 shows all the proposed changes.
How enforcement would be carried out
For people willing to accept services to assist them with moving out of their vehicle, the Police
Department can use a progressive approach of warnings and an offer of services before issuing
a citation, similar to the “clearance with support” approach to encampments. Because the
proposed amendment uses the current camping ordinance, any enforcement of unlawful
camping in vehicles will also require offers of shelter. Shelter and services are a first step to
resolving a person's homelessness and does not just make them move from one location to
another.
Additionally, the city has a program to review requests for relief from parking citations from
individuals experiencing homelessness. This program is available for people working with
service providers who are experiencing financial barriers to securing housing.
As noted above, the city just received a new $2.9 million state grant to help people living in
vehicles into shelter and permanent housing in the Village and Barrio areas.
Other potential options
In August, city staff presented to the City Council a number of options related to enforcement
and services. The current status of those options and staff’s recommendations are included as
Exhibit 3. The City Council could direct staff to explore any of the additional options.
Fiscal Analysis
The proposed ordinance should not have an appreciable fiscal impact. It is difficult to predict
whether enforcement of the new provisions such as unlawful camping in a vehicle will impact
overall police calls for service, and to quantify enforcement costs related to unlawful public
camping offenses.
March 4, 2025 Item #7 Page 6 of 19
The Police Department, its Homeless Outreach Team and the City Attorney’s Office will
continue to use available resources and the different enforcement options available to address
community concerns on this important issue.
The $2.9 million three-year Encampment Resolution Funding grant funding to address the
service and shelter needs for people living in their vehicles is temporary. City staff recommend
revisiting the amended ordinance language when that grant funding is in its final year. The City
Council can then evaluate the success of city services and enforcement to gauge continuance of
the approach presented.
Next Steps
An ordinance to amend the Municipal Code is typically adopted after the City Council’s second
reading of the item. If the ordinance is adopted, the City Clerk’s Office will publish a summary of
the ordinance in a newspaper of general circulation within 15 days. The ordinance would be
effective 30 days after its adoption.
City staff will provide updates on service delivery and enforcement to gauge success of this
approach to addressing people living in vehicles as a part of the semi-annual homelessness
updates provided to the City Council.
Environmental Evaluation
This action does not require environmental review because it does not constitute a project
within the meaning of the California Environmental Quality Act under Public Resources Code
Section 21065 in that it has no potential to cause either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment.
Exhibits
1. Proposed ordinance
2. Version of ordinance showing proposed changes
3. Status and recommendation of options presented on Aug. 27, 2024
4. Aug. 27, 2024, City Council staff report (on file in the Office of the City Clerk)
5. Summary of homelessness-related ordinances in other cities in the region
March 4, 2025 Item #7 Page 7 of 19
ORDINANCE NO. CS-487
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 8.36,
SECTION 8.36.020 TO ADDRESS QUALITY OF LIFE CONCERNS RELATED TO
HOMELESSNESS AND PEOPLE LIVING IN VEHICLES
WHEREAS, Carlsbad Municipal Code Chapter 8.36 addresses unlawful camping on public and
private property; and
WHEREAS, the use of a vehicle for illegal camping purposes can endanger the public health and
the environment when camping-related waste and human waste are disposed of improperly;
WHEREAS, the use of a vehicle for illegal camping purposes can expose individuals utilizing the
vehicle to various health and safety hazards, such as limited access to sanitation, clean water, and
proper ventilation, as well as extreme weather conditions;
WHEREAS, the City Council of the City of Carlsbad has determined that prohibiting the use of
vehicles for illegal camping purposes within the City of Carlsbad will protect the public health, safety
and environment by ensuring that camping occurs only in those designated areas where appropriate
provisions have been made for handling camping-related waste, food preparation, and fires.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
1. The above recitations are true and correct.
2. That the Carlsbad Municipal Code Chapter 8.36 is amended to read as follows:
8.36.020. Definitions.
As used in this chapter:
"Beach" means those areas as defined in Carlsbad Municipal Code Section 11.32.020.
"Camp" means to use camping implements in an outdoor area or to erect or occupy a camp facility
for living accommodations purposes such as sleeping activities, preparations to sleep (including the
laying down of bedding for the purpose of sleeping), storing personal property, or making a
campfire. These activities constitute camping when it reasonably appears, in light of all the
circumstances, that the participants in these activities are in fact using the area as a living
accommodation regardless of the intent of the participants or the nature of any other activities
in which they may also be engaging. Camping does not include picnicking, sitting, lying, or sleeping
in an outdoor area or in a camp facility that is not being used for living accommodations purposes.
This definition shall not limit enforcement of Chapter 8.38 "Obstruction of Property and Trespass."
"Camp facility" means a tent, hut, tarpaulin, or other temporary outdoor shelter used for sleeping,
living accommodations purposes, or carrying on cooking activities. "Camp facility'' also includes a
vehicle of any kind, whether or not the vehicle is operable, while parked and being used for sleeping
or living quarters.
"Camping implements" means cots, beds, hammocks, sleeping bags, bedrolls, blankets, sheets,
luggage, back-packs, kitchen utensils, cookware, clothing, and similar gear or materials.
"City personnel" means the police department and its third-party contractors and any other city
employees or third-party contractors designated by the City Manager.
"Highway" means a way or place of whatever nature, publicly maintained and open to public use
for purposes of vehicular travel.
"Open space" means any parcel of land or water which is unimproved and devoted to an open
space use, and which is designated as an Open Space Zone in Title 21 of this code.
"Park" means those areas as defined in Carlsbad Municipal Code Section 11.32.010.
"Parkway" means the area of the street between the back of the curb and the sidewalk that typically
is planted and landscaped.
"Person" is defined as any natural person, firm, association, business, trust, organization,
corporation, partnership, company, or any other entity recognized by law as the subject of rights
or duties.
"Personal property" includes the following items:
1. Medication, medical devices, eyeglasses, or other prescription lenses;
2. Sleeping bag or bed roll which is sanitary and non-verminous;
3. Tents in usable and reasonably good condition;
4. Clothes stored in a manner protecting them from the elements, which are not unsanitary,
soiled, or verminous;
5. Nonperishable food items; and
6. Personal property with an estimated individual fair market value of at least $50.00.
"Public place" means any property in the city-owned, leased, licensed, or operated by a public entity
that is accessible to the public, including any of the following: parks, beaches, alleyways, parking
lots, passageways, rights-of-way, landscaped areas or parkways, streets, highways, open space,
sidewalks, curbs, and public educational institutions.
"Shelter" means a structure designed to provide homeless persons and unstably housed individuals
with overnight sleeping accommodations and relief from the elements. The "shelter" may offer
meals, clothing, and supportive and self-sufficiency development services. "Shelter" may include a
safe parking lot owned, leased, or operated by the city, another public entity, or a non-profit entity.
"Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers,
markings, or other delineation, for pedestrian travel.
"Store" means to put aside or accumulate for use when needed, to place for safekeeping, or to put
in place or leave in a particular place, whether attended or unattended.
"Street" means every highway, avenue, lane, alley, court, place, square, sidewalk, parkway, curb,
bikeway, or other public way in the city dedicated and open to public use, or such other public
property so designated by state law.
"Tent" means a collapsible shelter made of fabric, such as nylon or canvas, or a tarp stretched and
sustained by supports, which is not open on all sides and which hinders an unobstructed view
behind or into the area surrounded by the fabric.
"Unattended personal property" means no person is present with an item or items of personal
property who asserts or claims ownership over the personal property. lndicia of unattended
personal property includes, but is not limited to, the act of leaving the personal property in a
public place so that it may be appropriated by the next comer. Personal property is not considered
"unattended" if a person is present with the personal property and the person claims ownership
over the personal property.
"Vehicle" has the same meaning as in California Vehicle Code Section 670, as it may be amended
from time to time.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 4th day
of March 2025, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ _, 2025, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CINDIE K. McMAHON, City Attorney
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
CHAPTER 8.36 UNLAWFUL CAMPING, FIRES ON PUBLIC PROPERTY, AND STORAGE OF PROPERTY
§ 8.36.010. Purpose.
Public places within the city should be readily accessible to residents and the public at large. The
use of public places for camping can interfere with the rights of others to use these places for the purposes for which they were intended. Camping in these places can also endanger the public health and the environment when camping-related waste and human waste are disposed of improperly, particularly in environmentally sensitive areas, such as native habitat, open spaces and watercourses. Human presence in open spaces, other than on designated trails, can also increase
the risk of wildfire danger and possible injuries to and from threatened wildlife. Additionally, camping on private outdoor property without permission of the owner or lessee interferes with the owner or lessee's property rights and desire to utilize the private outdoor property for lawful and authorized purposes.
The purpose of this chapter is to maintain public places and private outdoor property within the
city in a clean and accessible condition and to protect the public health, safety, and environment by ensuring that camping occurs only in those designated areas where appropriate provisions have been made for handling camping-related waste, food preparation, and fires. (Ord. NS-542 § 1, 2000; Ord. CS-405 § 2, 2021)
§ 8.36.020. Definitions.
As used in this chapter:
"Beach" means those areas as defined in Carlsbad Municipal Code Section 11.32.020.
"Camp" means to use camping implements in an outdoor area or to erect or occupy a camp facility
for living accommodations purposes such as sleeping activities, preparations to sleep (including
the laying down of bedding for the purpose of sleeping), storing personal property, or making a campfire. These activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants in these activities are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities
in which they may also be engaging. Camping does not include picnicking, sitting, lying, or
sleeping in an outdoor area or in a camp facility that is not being used for living accommodations purposes. This definition shall not limit enforcement of Chapter 8.38 "Obstruction of Property and Trespass."
"Camp facility" means a tent, hut, tarpaulin, or other temporary outdoor shelter used for sleeping,
living accommodations purposes, or carrying on cooking activities. “Camp facility” also includes
a vehicle of any kind, whether or not the vehicle is operable, while parked and being used for sleeping or living quarters.
"Camping implements" means cots, beds, hammocks, sleeping bags, bedrolls, blankets, sheets, luggage, back-packs, kitchen utensils, cookware, clothing, and similar gear or materials.
"City personnel" means the police department and its third-party contractors and any other city
employees or third-party contractors designated by the City Manager.
"Highway" means a way or place of whatever nature, publicly maintained and open to public use for purposes of vehicular travel.
Exhibit 2
March 4, 2025 Item #7 Page 11 of 19
"Open space" means any parcel of land or water which is unimproved and devoted to an open space use, and which is designated as an Open Space Zone in Title 21 of this code.
"Park" means those areas as defined in Carlsbad Municipal Code Section 11.32.010.
"Parkway" means the area of the street between the back of the curb and the sidewalk that typically is planted and landscaped.
"Person" is defined as any natural person, firm, association, business, trust, organization, corporation, partnership, company, or any other entity recognized by law as the subject of rights
or duties.
"Personal property" includes the following items:
1. Medication, medical devices, eyeglasses, or other prescription lenses;
2. Sleeping bag or bed roll which is sanitary and non-verminous;
3. Tents in usable and reasonably good condition;
4. Clothes stored in a manner protecting them from the elements, which are not unsanitary,
soiled, or verminous;
5. Nonperishable food items; and
6. Personal property with an estimated individual fair market value of at least $50.00.
"Public place" means any property in the city-owned, leased, licensed, or operated by a public
entity that is accessible to the public, including any of the following: parks, beaches, alleyways,
parking lots, passageways, rights-of-way, landscaped areas or parkways, streets, highways, open space, sidewalks, curbs, and public educational institutions.
"Shelter" means a structure designed to provide homeless persons and unstably housed individuals with overnight sleeping accommodations and relief from the elements. The "shelter" may offer
meals, clothing, and supportive and self-sufficiency development services. "Shelter" may include
a safe parking lot owned, leased, or operated by the city, another public entity, or a non-profit entity.
"Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation, for pedestrian travel.
"Store" means to put aside or accumulate for use when needed, to place for safekeeping, or to put
in place or leave in a particular place, whether attended or unattended.
"Street" means every highway, avenue, lane, alley, court, place, square, sidewalk, parkway, curb, bikeway, or other public way in the city dedicated and open to public use, or such other public property so designated by state law.
"Tent" means a collapsible shelter made of fabric, such as nylon or canvas, or a tarp stretched and
sustained by supports, which is not open on all sides and which hinders an unobstructed view behind or into the area surrounded by the fabric.
"Unattended personal property" means no person is present with an item or items of personal property who asserts or claims ownership over the personal property. Indicia of unattended
personal property includes, but is not limited to, the act of leaving the personal property in a
March 4, 2025 Item #7 Page 12 of 19
City of Carlsbad, CA
§ 8.36.040 § 8.36.060
public place so that it may be appropriated by the next comer. Personal property is not considered "unattended" if a person is present with the personal property and the person claims ownership over the personal property.
"Vehicle" has the same meaning as in California Vehicle Code Section 670, as it may be amended from time to time.
(Ord. NS-542 § 1, 2000; Ord. CS-405 § 2, 2021)
§ 8.36.030. Unlawful camping.
A. Public Property.
1. It is unlawful for any person to:
a. Camp or sleep in open space at any time.
b. Camp or sleep upon any public street, public park, public beach, or other public place, except in areas which have been specifically posted, designated, or permitted for such purposes, if the person has access to adequate temporary shelter, whether because they have the means to pay for it or because it is realistically available to
them for free, and the person willfully refuses such shelter for any reason unrelated
to the exercise of a state or federal constitutional right.
2. It is not the intent of this section to prohibit lawful protesting, picketing, demonstrating, signature gathering, voter registration, leafleting, or any other lawful activity.
B. Private Property.
1. It is unlawful for any person to camp on any private outdoor property without the
express written or verbal permission of the owner or lessee of such property.
2. This subsection is not intended to:
a. Prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents to the camping activity.
b. Prohibit or make unlawful, activities of an owner of private property or other lawful
user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes.
c. Prohibit or make unlawful, activities of a property owner or other lawful user if such activities are expressly authorized by Title 21 of this code or other applicable
laws, ordinances and regulations.
C. The City Manager or designee may issue a temporary permit to allow camping on public or private property in connection with special events (Chapter 8.17) or emergency services (Chapter 6.04). (Ord. NS-542 § 1, 2000; Ord. CS-405 § 2, 2021)
§ 8.36.040. Fires and cooking on public property.
A. It is unlawful for any person to start or maintain any fire in a public place, except in such areas specifically designated by the City Manager or designee for such fires, including stoves,
March 4, 2025 Item #7 Page 13 of 19
City of Carlsbad, CA
§ 8.36.040 § 8.36.060
barbecue pits, and fire rings.
B. It is unlawful for any person to cook food in a public place, except as otherwise allowed by
this code or by license or permit, or except in locations specifically designated by the City
Manager or designee. (Ord. CS-405 § 2, 2021)
§ 8.36.050. Storage of personal property in public places.
A. Unlawful Storage. It is unlawful for any person to store or leave unattended any personal property, including camp facilities or camping implements, in a public place between the hours of 6:00 a.m. and 10:00 p.m., except as otherwise provided by this code or pursuant to a valid license or permit. This subsection is not intended to permit storage of personal property
where otherwise prohibited by this code.
B. Property Removal. City personnel may remove and store personal property that is unlawfully stored, unattended, or otherwise found in an unlawful encampment pursuant to applicable written and publicly available police department policies and procedures.
C. Obstruction or Interference with Property Removal. It is unlawful to willfully interfere with,
resist, delay, or otherwise obstruct city personnel from moving, removing, impounding, or
discarding personal property pursuant to Section 8.36.050(B). (Ord. CS-405 § 2, 2021)
§ 8.36.060. Severability.
If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this chapter or the application of the chapter to persons or circumstances not similarly situated. (Ord. CS-405 § 2, 2021)
March 4, 2025 Item #7 Page 14 of 19
Exhibit 3
OPTIONS TO ADDRESS CONCERNS ABOUT HOMELESSNESS AND LIVING IN VEHICLES
Camping ordinance
Option Alternatives Status/Recommendation
Changes to camping
section of Municipal
Code
Remove requirement to offer shelter
before issuing a citation
The ordinance amendment
recommended by staff includes the
requirement of an offer of shelter
Update the language related to
offering shelter from a requirement
to a best practice
The ordinance amendment
recommended by city staff leaves
the language requiring an offer of
shelter
Leave language requiring an offer of
shelter as is
The ordinance amendment
recommended by city staff leaves
the language requiring an offer of
shelter
Pursue more shelter options
Explore a safe camping program Not recommended by staff at this
time
Expand the city’s Motel Voucher
Program to provide additional
opportunities for those unsheltered
households who are actively
engaged in a housing plan
The city received a $2.9 million
Encampment Resolution Fund grant
that will provide additional
resources to assist unsheltered
households who are actively
engaged in a housing plan
Explore additional options to
permanently or temporarily expand
shelter for women and children
City staff continue to work on this
City Council goal
Regional
coordination
Explore a Good Neighbor Pledge to
align strategies related to people
experiencing unsheltered
homelessness and avoid pushing
people from city to city, with no
long-term solution
Not recommended by staff at this
time
Legislative advocacy
Explore advocating for statewide
legislation similar to House Bill 3115
in Oregon, which sets a baseline for
ordinances related to people
experiencing unsheltered
homelessness, reducing disparate
impacts throughout the state and
curtails potential legal challenges
Not recommended by staff at this
time
March 4, 2025 Item #7 Page 15 of 19
Living in vehicles
Option Alternatives Status/Recommendation
Restricted overnight
parking access at
certain locations
Review the feasibility and impacts
of restricting overnight parking
access at certain locations
The ordinance amendment
recommended by city staff incorporates
language to prohibit unlawful camping
in vehicles citywide
No sleeping in
vehicles ordinance
Analyze potential language to
update the Carlsbad Municipal
Code to restrict or prohibit the act
of sleeping in vehicles
The ordinance amendment
recommended by city staff incorporates
language to prohibit unlawful camping
in vehicles citywide
Additional parking
options
Explore a safe parking program
with supportive services similar to
the ones operated by the cities of
Encinitas, Vista and Oceanside
Not recommended by staff at this time
Explore the
development of a
comprehensive
vehicular
homelessness
plan
Explore the feasibility of a social
worker outreach team dedicated to
working with people living in
vehicles
The city received a $2.9 million
Encampment Resolution Fund grant to
implement a comprehensive vehicular
homelessness plan and provide
outreach dedicated to working with
people living in vehicles
Explore the expansion of the
Employment and Benefits program
to add more capacity to prioritize
people living in vehicles
Not recommended by staff at this time
Disorderly conduct
Code of Conduct
enforcement
Consider amendments to the
Carlsbad Municipal Code to enable
police enforcement of the city’s
administrative codes of conduct,
including facility suspensions,
within city owned and operated
facilities
City staff will be presenting an
ordinance for introduction in the near
future that would codify and increase
certain facility suspension policies and
allow the Police Department to enforce
violations of a suspension order
Suspension
diversion program
Explore the development of a
program to divert people
experiencing homelessness from
city facility suspensions or help
them to regain access with
appropriate behavior after being
suspended
Not recommended by staff at this time
March 4, 2025 Item #7 Page 16 of 19
Exhibit 4
Aug. 27, 2024, City Council Staff Report
(on file in the Office of the City Clerk)
March 4, 2025 Item #7 Page 17 of 19
TYPE OF
RESTRICTION
Ca
r
l
s
b
a
d
Ch
u
l
a
V
i
s
t
a
Co
r
o
n
a
d
o
De
l
M
a
r
El
C
a
j
o
n
En
c
i
n
i
t
a
s
Es
c
o
n
d
i
d
o
Im
p
e
r
i
a
l
B
e
a
c
h
La
M
e
s
a
Le
m
o
n
Gr
o
v
e
Na
t
i
o
n
a
l
Ci
t
y
Oc
e
a
n
s
i
d
e
Po
w
a
y
Sa
n
Di
e
g
o
Sa
n
Ma
r
c
o
s
Sa
n
t
e
e
So
l
a
n
a
B
e
a
c
h
Vi
s
t
a
No camping on
public property
(certain
restrictions may
apply)
✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔
No camping in
public parks
and/or beaches
(may include
waterway areas;
certain times may
be specified)
✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔
No setting up a
camp/camp-site
or storage of
personal property
in public places
✔ ✔ ✔ ✔✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔
No obstructing
public walkways,
sidewalks or other
similar restrictions
✔ ✔ ✔✔ ✔ ✔ ✔ ✔ ✔✔ ✔ ✔✔
Camping laws in local cities
(Restrictions and implementation may vary by city)
Exhibit 5
March 4, 2025 Item #7 Page 18 of 19
TYPE OF
RESTRICTION
Ca
r
l
s
b
a
d
Ch
u
l
a
Vi
s
t
a
Co
r
o
n
a
d
o
De
l
M
a
r
El
C
a
j
o
n
En
c
i
n
i
t
a
s
Es
c
o
n
d
i
d
o
Im
p
e
r
i
a
l
B
e
a
c
h
La
M
e
s
a
Le
m
o
n
Gr
o
v
e
Na
t
i
o
n
a
l
Ci
t
y
Oc
e
a
n
s
i
d
e
Po
w
a
y
Sa
n
Di
e
g
o
Sa
n
Ma
r
c
o
s
Sa
n
t
e
e
So
l
a
n
a
B
e
a
c
h
Vi
s
t
a
No reclining in
vehicles for longer
than two hours
✔✔✔✔
No sleeping in
vehicles (varying
time restrictions)
✔✔✔✔ ✔ ✔
No use of a
vehicle for
occupancy (some
exceptions may
apply)
✔✔ ✔✔✔ ✔ ✔✔
No camping in
vehicles on city-
owned property
✔ ✔✔✔ ✔ ✔ ✔✔
No oversized
vehicle/RV
parking or no
overnight
oversized vehicle
parking (may
include no RV
camping; certain
times may be
specified)
✔ ✔ ✔ ✔ ✔✔ ✔✔ ✔✔ ✔ ✔ ✔ ✔
March 4, 2025 Item #7 Page 19 of 19
Tammy Cloud-McMinn
From:
To:
Subject:
City Clerk
Tammy McMinn
RE: RV Parking and Homelessness
-----Original Message-----
From: Douglas Greenwood <bj_g1454@icloud.com>
Sent: Thursday, February 13, 2025 11 :21 AM
To: Mandy Mills <mandy.mills@carls badca.gov>
Subject: RV Parking and Homelessness
Hello Ms. Mills.
All Receive -Agenda Item # r-J
For the Information of the:
CITY COUNCIL
Date--2/jj}-;CA vCC _L"'
CM £ACM v-DCM (3) ✓
I lived in a nice studio cottage in the back yard of a duplex on Home Avenue. I
lived there peacefully for over 35 years, with my final rent being $837
including utilities.
In March of 2024 the landlady, the daughter of the landlord I originally signed
a contract with, gave all of us on the property a "Notice to Vacate". It's a
legal method to empty rental units so that the rents can be raised, if they do
a minimum of upgrades.
I'm 68 years old and enjoyed my life there, now I was out. Same with her
Uncle and family of four in one of the duplex apartments who'd been there
for over 32 years, a cousin and his family of four who'd been there about 20
years. There were a family of three living in the converted two car garage and
they'd been there for 5-1 O years.
For all of us it was a huge blow.
I searched for rooms to rent all of the way out to Escondido and could only
find a room for rent at $1000 per month plus utilities. I would also be sharing
a bathroom and have roommates. As a 68 year old loner, bachelor I found
this to be out of the question.
So I took a years worth of rent and purchased a 26 foot self contained
motorhome. I am 100% powered by solar and rely on the City of Oceanside
waste dump station at the harbor.
What I had no idea about as where I could safely park. I have found a safe
place to park at my friend's business, in after 7:30 pm and out before 7:00
am. I was ecstatic to find a place and owe him gratitude I can never repay.
The issue I have is that I need a place to park in the daytime because my
main source of income is through delivering for DoorDash. I can get by
working six days a week.
1
I found that Walmart has daytime parking but even that is arbitrary. I've
parked in the huge parking lot at The Shoppes of Carlsbad. I end up being run
off for parking in the daytime.
As part of your Homeless Outreach the most isolated portion (SW corner)
could be a place to park an RV FOR THE DAY ONLY. You could set
requirements enforced by the Police's outreach officers.
For example;
-have a valid driver license, no warrants
-have current registration
-have current minimum insurance coverage
-have a minimum aesthetic for any RV parked during the day.
-all of the above for overnight parking for one car or motorcycle. I need
to work.
This will likely lead you to say that there are liability issues, but don't you
have those same liabilities in any of the City's public areas?
Each RV would have the new California minimum insurance that has pretty
much doubled the minimum requirement, and has doubled my rates
accordingly.
This would truly be a god send if that's what you believe. I've tried the church
in the downtown are on Harding and they said NO. I asked what would Jesus
think of them turning away the homeless, the vulnerable and he just
shrugged.
So I'm literally pleading with you to contact me at your convenience to
discuss this further.
I am desperate along with half a dozen other people in the same situation.
Thank you for your time,
Doug Greenwood
(760) 917-9078
Sent from my iPhone
CAUTION: Do not open attachments or click on links unless you recognize
the sender and know the content is safe.
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
en attachments or click on links unless
2
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Mayor, Council, and Staff,
Teri Jacobs <tjacobs86@pacbell.net>
Tuesday, March 4, 2025 8:19 AM
City Clerk
3/4/25 Council Meeting Agenda Item #7
All Receive -Agenda Item# !1_
For the Information of the:
ir;/;J~UNCIL • Date '.3 A ..,.--cc ✓
CM ._.....---ACM ~CM (3) /
The city recently received a $2.9+ million grant to address individuals living in their veh icles. That equates to $40,000.00
per the 75 identified vehicles. Surely that is more than adequate to assist in help with securing housing.
There are areas in our city (Armada and Avenida Encinas) that have banned overnight parking. Consistency should be
throughout Carlsbad ... if it isn't tolerated in one area for individuals to live in their vehicles why is it ok in others? Is this
any different than an encampment?
While some individuals are truly in desperate situations others choose the van lifestyle and enjoy the benefits of living at
the beach. The help and support are there for those needing it while those choosing this lifestyle should respect that our
neighborhoods are not intended to be campgrounds.
Respectfully,
Teri Jacobs
Resident Dist 1
Sent from my iPad
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1
From:Council Internet Email
To:City Clerk
Subject:FW: sleeping in cars
Date:Tuesday, March 4, 2025 9:39:20 AM
From: Larry Weinberger <larryweinberger@gmail.com>
Sent: Monday, March 3, 2025 11:24 PM
To: Council Internet Email <council@carlsbadca.gov>; Keith Blackburn
<keith.blackburn@carlsbadca.gov>
Subject: sleeping in cars
Mr. Mayor and Council Members:
My home is in Carlsbad Village and I am writing to you in connection with the above
topic.
My wife and I are thrilled that you have apparently taken a position against permitting the
sleeping in cars/vans on any street in the City of Carlsbad. The existing outreach
programs the City has to assist homeless people, are what is needed to alleviate the
circumstances that many homeless persons have encountered.
Permitting people to reside in vehicles only causes multiple problems, health hazards
and a deterioration of our neighborhoods. Compassion for the homeless does not mean
that a total breakdown of our entitlement to a safe, clean and suburban lifestyle should
be supplanted by allowing the above.
Thank you for taking the position to not support people sleeping in motor vehicles and to
hopefully not create a so called "safe parking area" in Carlsbad. Please include this
email in the public comment portion of the City Council meeting on March 4, 2025 and
feel free to read it into the record.
Yours truly,
Larry Weinberger
CAUTION: Do not open attachments or click on links unless you recognize the sender and
know the content is safe.
Ordinance to Address Quality of Life Concerns Related to
People Living in Vehicles
Mandy Mills, Director of Housing & Homeless Services
Christie Calderwood, Police Chief
Jennifer True, Assistant City Attorney
March 4, 2025 ( City of
Carlsbad
2
Recommended Action
Introduce an ordinance amending Carlsbad Municipal Code Chapter 8.36, Section 8.36.020 to address quality of life concerns related to people living in vehicles.
ITEM 7: ILLEGAL CAMPING ORDINANCE
( City of
Carlsbad
3
Background
•Addressing homelessness is a top priority for the City of Carlsbad
•Focus on lasting solutions and community impacts
•Aug. 2024 – Presented City Council options for
consideration, would return after Housing Commission and community feedback
ITEM 7: ILLEGAL CAMPING ORDINANCE
( City of
Carlsbad
4
Strategic Goal Priority
“Enhance the quality of life for everyone in Carlsbad by adopting and implementing an updated Homeless Response Plan that addresses the complex needs of individuals experiencing, or at risk of experiencing homelessness in a
compassionate and effective manner and reduces
the impacts of homelessness on the community.”
City Council 5-Year Strategic Plan
ITEM 7: ILLEGAL CAMPING ORDINANCE
0 Quality of Life & Safety
Prioritize the safety and well-being of
the community
In 5 years ..
The aty of carlsbad remains one of tile safl!St cities In the region due to nf'w Investments In fire and emf'rg
medical servlcM and a -ll~qulp~d and hllJhly tralrwd Police Department that l!fljoys ex~llent relatio
th<" community. Critical infrastructure lltt roads and pl~s a,e well-rNlntaiMd, while parks, communl
libraries and other facilltlt-s reflect the community's hlflh 1Undard1.
► Residentresponsestos.urveyquesllonsrelatedtoufety,qualityoflife,cityse,vl
► Cirlsbadcrimestatlstlcs
► Emeri1encyresponsetlmes
► Condillonofcityusetslikeroads,parksandbuildlngs
lndluton to bf' l~ntlf~d In an updated Homeless Response Plan that Vlow
homf'lessrwu, such M:
o Numffl of ~"""s placed In temporary or ?ff!na""nl housl111
o NumDff of ~nons who re~ived ~ices
Enhanuthequalityoflifeforew,ryonelncarlsbadt,yadoptlngandlm entinganupdated
HomelessResponsePlanthataddressesthecomplexneedsoflndivlduafsexperlenclng.orllt
risk of U!)Hiencln, homeles,;ness In a com,iassionate and effective manner and reduces tl'te
lm,iacts of homeless.ness on tl'te community.
Foster stron1 relatlonshll)S between community members 11nd members of the Police
Department, lncludinlil the formation of a community-police en,agement commission
Brln1flreDepllrtmentuptoStllndarohofCovertoensuretl'tecitylsprep.,r<"dtomeetthe
community's changing fire and emergency medical needs
4 Manqe, milnti,ln ind enh11nce the city's roadway to prO\llde a safe, efficient and cost-effective
multi-mod11I tr;insporutlon system.
12
2023 -2027
{city of
Carlsbad
( City of
Carlsbad
5
Homelessness Action Plan
Approved in 2023
•9 initiatives and 56 actions
•Shelter and housing
•Outreach and access to services
•Public safety
•Initiative 1.2 (g) - Develop a plan to address the increasing number of people and families living in vehicles.
ITEM 7: ILLEGAL CAMPING ORDINANCE
SEMIANNUAL REPORT
Reducing Homelessness
JULY 1 -DEC. 31,2022
During the first half of FY 2022·23, the City of Crty Council Goal
CCityor Carlsbad
Carlsbad 11chi~d s~ral important milestones Enhoncetl>equolityof~fefr,rr,o,1)'0"" in c,,,/JJx,d b)'
( City of
Carlsbad
Public Outreach
Options to further address homelessness
•Housing Commission - Nov. 14, 2024
Restricting overnight parking on Garfield Street
•Neighborhood meeting - Dec. 17, 2024
•30+ attendees
•Traffic Safety & Mobility Commission - Jan. 6, 2025
6
ITEM 7: ILLEGAL CAMPING ORDINANCE
All feedback receivecl .;;:;,~ke the .,,._
City council, which w, ..
. 1 when City council is
To be notified by ema1 . n up at:
considering this issue, s19 .
carlsbadca.gov/garf1eld
{city of
Carlsbad
•Desire to reduce impacts of homelessness on community and provide tailored outreach to get people experiencing homelessness into housing
•Need enforcement tools to uphold public safety when necessary and to help gain compliance
•Generally not supportive of restricting overnight parking in particular areas; concerned it would only cause displacement to other areas of city
•Desire for exploring citywide ban for sleeping in vehicles and alternative long-term solutions for people living in vehicles
Traffic Safety & Mobility Commission
•Recommended City Council explore more holistic approach to citywide overnight parking and potential for designated overnight parking area
What we heard
ITEM 7: ILLEGAL CAMPING ORDINANCE
7
8
People Living in Vehicles
ITEM 7: ILLEGAL CAMPING ORDINANCE
50%
Unsheltered population
living in vehicles
(2024 Point-in-Time Count)
t+++++++++tttt+
t+t+tt+t+tt+t+t t+t+tt+t+tt+t+t t+t+tt+t +t+t+tt
t+t+tt+t+tttttt
t+t+tt+t+ttt+tt
t+t+tt+t+tttttt
9
Increase in People Living in Vehicles
ITEM 7: ILLEGAL CAMPING ORDINANCE
•Regionwide there was an increase
of 44% over the previous year.
•The number of people living in
vehicles in Carlsbad increased
from 29 in 2023 to 56 in 2024.
10
Encampment Resolution Grants
$2.3 million for 3 years
•First 6 months - 15 households to temporary housing and 13 households moved into permanent housing
•Village and Barrio area
Combined $11.4 million for 3 years
•Collaboration with the City of Oceanside
•Focus on State Route 78 and Buena Vista Creek
$3 million for 3 years
•Vehicular Homeless Outreach Program
•Village, Barrio and beach areas
ITEM 7: ILLEGAL CAMPING ORDINANCE
•Balanced approach with enforcement and social services
•Joint outreach with social workers and separate time for case management
•Proactive calls for service to educate and enforce
restrictions such as aggressive panhandling, trespassing and drinking in public
•Build rapport with those experiencing homelessness
while holding them accountable and addressing criminal
behavior
Public Safety
ITEM 7: ILLEGAL CAMPING ORDINANCE
11
12
Enforcement Overview
•End unlawful behavior and connect people to available
services and resources
•Warnings
•When services are refused, warnings are ignored or the violation is egregious, citations remain an available tool for officers
•Other (non city ordinances) as enforcement options also available
ITEM 7: ILLEGAL CAMPING ORDINANCE
( City of
Carlsbad
13
Municipal Code Section 8.36.030
•Carlsbad Municipal Code Section 8.36.030 - Unlawful Camping states that camping on public property is prohibited in open spaces at any time and in other public spaces, if the person has
access to adequate temporary shelter (whether because they
have the means to pay for it or because it is realistically available
to them for free) and refuses such shelter
•Shelter language was added in 2021 to be consistent with the
Martin v. Boise decision
ITEM 7: ILLEGAL CAMPING ORDINANCE
14
Recommended Action
Introduce an ordinance amending Carlsbad Municipal
Code Chapter 8.36, Section 8.36.020 to address
quality of life concerns related to people living in
vehicles.
ITEM 7: ILLEGAL CAMPING ORDINANCE
( City of
Carlsbad
15
Options
Additional options previously presented to City Council
ITEM 7: ILLEGAL CAMPING ORDINANCE
i!GNAIWiG# Option Altern;itives
Restrictedovernight ReviewthefeasibilityandimF
parking access at ofrestrictingovernight parkin
certain locations accessatcertainlocations
Nosleeplngin
vehicles ordinance
Additional parking
options
Explore the
development of a
comprehensive
vehlrnlar
homelessness
plan.
NMMM/IG
Code of Conduct
enfor<ement
Analyze potentiallangu.igeto
updatetheCarlsbadMunicip;i
Code to restrict or prohibit th,
of sleeping in vehicles.
Exploreasafeparkingprogra1
withsupportiveservicessimil
theonesopen1tedbythecitit
Encinitas, Vista and Oceanside
Elcplorethefeasibilityofasoc
workeroutreachteamdedica
working with people living in
vehicles.
EKploretheeKpansionofthe
Employment and Benefits pro
toaddmorecapacitytopriori
people living in vehicles.
Consider amendments to the
Carlsbad Municipal Code to ei
policeenforcementofthecil)
administrative codes of condt
including facility suspensions,
Option
Chaneestocamplne
$ectlonofMunklp,iil
Cod<
Pursue more shelter
options
Regional
coordination
legislative advocacy
AlternilltiVe$
Remove requirement to offer shelter
beforeissuingacit.ltion.
Updatethelanguagerelatedto
offeringshelterfromarequirement
to a best practice.
leavelanguagerequiringanofferol
shelter as is.
Exploreasafecampingprogram.
Elcpandthecity'sMotelVoucher
Program to provide additional
opportunities for those unsheltered
hou!>tholdswhoareactively
engagedinahousingplan.
Eicploreadditionaloptions to
permanently or temporarily eKpand
shelterforwomenandchiklren.
Explore a Good Neighbor Pledge to
alignstrategiesrel.ited to people
eKperiencingunsheltered
homelessness and avoid pushing
people from city to city, with no
long-term!iOlution.
Elcploreadvocatingfori;talewide
legislationsimilartoHou!>tBill 311S
in0regon,whichset5aba5elinefor
ordinances related to people
experiencinguni;heltered
homelessness, reducing disparate
impacti throughoul the state and
curt.lilspotentiallegal challenges.
Status/R1Kommendation
Theordim1nceamendment
recommendedbyst.lffindudesthe
requirement of an offer of shelter
The ordinance amendment
recommendedbycitysuffleaves
the languagerequiringanofferof
shelter
The ordinance amendment
recommendedbycitystaffleaves
the languagerequiringanofferof
shelter
Notrecommendedbystaffatthis
time
Thecityreceiveda$2.9million
Encampment Re!iOlution Fund grant
thatwillprovideadditional
resoorcestoassistunsheltered
hou!>tholdswhoareactively
engagedlnahousingplan
Citystaffcontinuetoworkonthis
City Council goal
Not r1Kommended by staff at this
time
Not recommended by st.I ff at this
time
~:i~i~~e~.tyowned andoperate,..---:,::,0;::1,i::'.'.;0::""'":::01;-:,:::.,:::,,.::,:::sio::",:::0,:::,,:::',---~,.... ............ __________ ,.
Suspension
diversion program
Eitplore the development of a
program to divert people
eKperiencinghomelessnessfrom
city facility suspensions or help
themtoregainaccesswith
appropriate behavior after being
suspended.
Not recommended by staff at this time
( City of
Carlsbad
16
Next Steps
•Second reading, publish a summary of the ordinance within 15
days, would be effective 30 days after its adoption.
•City staff updates on service delivery and enforcement as a part
of the semi-annual homelessness updates provided to the City
Council.
ITEM 7: ILLEGAL CAMPING ORDINANCE
( City of
Carlsbad
17
Questions
Ordinance to Address Quality of Life Concerns Related to
People Living in Vehicles
Mandy Mills, Director of Housing & Homeless Services
Christie Calderwood, Police Chief
Jennifer True, Assistant City Attorney
March 4, 2025 ( City of
Carlsbad
ERF Grant Areas
38
ITEM 7: ILLEGAL CAMPING ORDINANCE
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