HomeMy WebLinkAbout2021-06-28; Homeless Action Subcommittee; ; Safe Parking Lot ProgramCity of
Carlsbad
Homeless Action Subcommittee
Meeting Date: June 28, 2021
To: Homeless Action Subcommittee
From: Marissa Kawecki, Deputy City Attorney
Item 2: SAFE PARKING LOT PROGRAM
Recommendation
Receive a presentation on the requirements for operating a safe parking lot program within the
City of Carlsbad, including whether such a program could operate at the former Farmers
Insurance building property; discuss possible recommendations for City Council consideration.
Discussion
On June 23, 2021, staff provided the City Council with a memo containing information on the
requirements for operating a safe parking lot program in the City of Carlsbad and whether such
a program could be operated at the former Farmers Insurance building property (Exhibit 1).
Staff will provide a presentation to the Subcommittee on this information to assist the
Subcommittee in determining possible safe parking lot program recommendations for the City
Council's consideration.
Exhibits
1. Memo to City Council dated June 23, 2021
June 28, 2021 Item #2 Page 1 of 8
Exhibit 1
City of
Carlsbad
June 23, 2021
To: MAYOR AND CITY COUNCIL OF THE CITY OF CARLSBAD
From: CITY ATTORNEY
Subject: SAFE PARKING LOTS
This memorandum provides information on the requirements for operating a safe parking lot in
the City of Carlsbad, including whether such a program could operate at the former Farmers
Insurance building location. The topic of safe parking lots will be discussed at the Homeless
Action Subcommittee meeting on June 28, 2021.
I. Common Components of Safe Parking Programs in the San Diego Region:
•Vehicles only, no tents or RVs
•Parking lot open for overnight parking (may be closed during daytime hours)
•Sobriety required upon registration
•Formal application process (similar to obtaining a permit) with applicants
accepted/waitlisted based on set criteria
•Participation a longer-term commitment, allowing the operating organization to work
with participants over time
•Case workers available to assist participants to stabilize their lives and apply for jobs
•No payment/rental of spaces
•Applicant makes a commitment to seek permanent housing, including application to
long-term transitional shelters
•The operating organization does not allow violent criminals, sex offenders and those
with crimes against children to participate
•Can give preference to local residents
II. The Farmers Insurance Building Property—An Overview
The former Farmers Insurance building property, located at the corner of El Camino Real and
Faraday Avenue in Carlsbad, was purchased by the city in 2002 using funds from Community
Facilities District No. 1 ("CFD funds") with the intention of building a new City Hall complex at
the site. Generally, CFD funds can only be used for the facilities authorized in the formation
documents. However, the city could lease the former Farmers Insurance building property on
an interim basis as long as the city reserves the right to cancel the lease when (and if) the city is
City Attorney
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2891 I 760-434-8367 fax I www.carlsbadca.gov
June 28, 2021 Item #2 Page 2 of 8
Page 2
ready to build the City Hall complex on it. (See Captain Charles v. Gridley Camp No. 104, United
Spanish War Veterans v Board of Supervisors (1929) 98 Cal.App. 585, 592-593.)
The former Farmers Insurance building property is located within the CM zone. It lies within the
boundary of the Carlsbad Research Center Specific Plan and is subject to the Covenants,
Conditions and Restrictions (CC&Rs) of the Carlsbad Research Center, the implications of which
are outlined in Section III(C) and III(D) below.
III. Considerations for Hosting a Safe Parking Lot in Carlsbad:
A. Zoning Ordinances
One consideration for a safe parking lot program to operate in Carlsbad, and more specifically
in the former Farmers Insurance building parking lot, is zoning: the nature of the operation or
the use, the zoning designation and the applicable zoning ordinances. At this time, it does not
appear that a safe parking lot program would be consistent with Title 21 — Zoning of the
Carlsbad Municipal Code (CMC), regardless the program's location.
At first glance, it appears that a safe parking lot could be classified as an "emergency shelter"
under CMC Sections 21.04.140.5 and 21.32.070. Emergency shelters are allowed as permitted
uses in the M Industrial Zone and the P-M Planned Industrial Zone (See Exhibit 1—Carlsbad
Zoning Map). However, the Farmers Insurance building parking lot is in the C-M Heavy
Commercial — Limited Industrial Zone, which does not allow an emergency shelter as a
permitted use.
Even within the M and P-M zones, an emergency shelter must conform with CMC Section
21.32.070. CMC Section 21.32.070(G) provides: "No person shall be allowed to camp on the
premises or sleep on the premises outside of the shelter building." As the participants of a safe
parking lot program do not sleep in a shelter building, a safe parking lot program would violate
this provision.
There are other requirements in CMC Section 21.32.070(G) that a safe parking program would
be unable to satisfy or would have difficulty satisfying. For example, if the program has more
than 30 participating "beds," a Conditional Use Permit (CUP) would be required to operate the
program. Additionally, under CMC Section 21.32.070(E)(4), the "beds" must be "clean" and
"sanitary." Sanitation facilities, such as showers and toiletries, would also need to be provided
on site.
For these reasons, a safe parking lot program would be inconsistent with the CM C's zoning
requirements. To address this concern, the zoning requirements could be amended. They could
also be suspended as part of a shelter crisis declaration (see subsection D below).
June 28, 2021 Item #2 Page 3 of 8
Page 3
B.Other Applicable Ordinances
CMC Section 8.36.030 prohibits camping on public property but allows for an exclusion in areas
"which have been specifically posted or designated for such purposes." Therefore, a safe
parking lot could comply with CMC section 8.36.030 if it is constructed on public property and is
specifically posted as an area for camping on public property.
CMC Section 10.40.180 normally requires oversized vehicles to obtain a permit to park within
the city between the hours of 2:00am and 5:00am. However, under CMC Section
10.040.180(D)(6), this requirement does not apply "during the pendency of any state of
emergency declared to exist within the City of Carlsbad by the city council, city manager or
governor."
C.Carlsbad Research Center Specific Plan
The Farmers Insurance building property is located within the Carlsbad Research Center Specific
Plan. Pursuant to CMC section 21.30.010 (governing property zoned.C-M), footnote 3: "For
properties which are located within the boundaries of the Carlsbad Research Center (CRC)
Specific Plan, please refer to the CRC Specific Plan for a list of allowable uses, setback
requirements, etc."
The Farmers Insurance building property is located in area 2A of the CRC Specific Plan, and
those permitted uses are listed in section 4.2.2, page IV-5, of the CRC Specific Plan. Section 1.6
on Legal Authority explains that only the specifically enumerated permitted uses are allowed.
Here, none of the listed allowable uses in section 4.2.2 appear to be similar to a safe parking lot
or emergency shelter, and therefore such use would not be allowed.
Moreover, section 4.2.7 of the CRC Specific Plan, titled "Other Use Restrictions," specifically
prohibits additional uses that could conflict with the operation of a safe parking lot, such as
"Outside Storage" (subsection 4.2.7.1) and "Hazards on Private Property" (subsection 4.2.7.3).
These prohibited hazards include any operation or activity that causes the emission of any
smoke, fly ash, dust, fumes, vapors, gases or other forms of air pollution; lighting that creates
illumination which exceeds five (5) foot candles on any adjacent property; discharges into any
public or private street or drive, public sewer, storm drain or into the ground which can
contaminate any water supply or otherwise cause the emission of dangerous or offensive
elements; and operations or activities which emit odorous gases or odorous matter in such
quantities as to be dangerous, injurious, noxious or otherwise objectionable.
Finally, section 5.1.2 of the CRC Specific Plan requires that all development proposed within the
CRC be reviewed and approved by the CRC Architectural Review Committee. The primary
objective of this Committee is to perpetuate the CRC as a high value, premier business park.
June 28, 2021 'Item #2 Page 4 of 8
Page 4
D.Covenants, Conditions and Restrictions (CC&Rs)
The CC&Rs for the former Farmers Insurance building property include a list permitted uses for
different portions of the Carlsbad Research Center. An emergency shelter does not fit within
any of the permitted use categories. In addition, the CC&Rs stipulate that approved uses shall
be performed or carried out entirely "within" a building. A safe parking lot program would not
comply with this requirement as it would not be contained entirely within the former Farmers
Insurance building. Finally, residential uses of any type, as well as trailer courts and recreational
vehicle campgrounds, are prohibited in the Carlsbad Research Center.
Further, as explained in more detail in subsection D below, a shelter crisis declaration would
suspend many applicable state and local laws, including CEQA, zoning laws and certain landlord-
tenant laws. However, it would not suspend CC&Rs. Therefore, a safe parking lot program
cannot be located at the former Farmers Insurance building property. If the city council were to
pursue alternative sites for a safe parking program that are subject to CC&Rs, staff would need
to assess the CC&Rs on an individualized basis to determine if they would accommodate such a
land use.
E.Shelter Crisis Emergency Declaration
California Government Code Sections 8698 through 8698.4 allow the City Council to declare a
shelter crisis emergency. The criteria for and implications of declaring a shelter crisis emergency
in Carlsbad appeared as an agenda item at the January 21, 2020 city council meeting.
Essentially, under state law, a city can declare a shelter crisis emergency if its city council finds
that a significant number of people in the city lack the ability to find shelter, and that this
situation has resulted in a threat to the health and safety of those persons (see Cal.
Government Code §§ 8698 through 8698.2; "Shelter Crisis"). The following surrounding cities in
the San Diego region have declared a shelter crisis: Oceanside,1 Encinitas, Escondido,' Chula
Vista and San Diego. The cities of Vista, San Marcos, Del Mar, Solana Beach and Poway do not
have an active shelter crisis declaration.
A shelter crisis can be declared to "allow persons unable to obtain housing to occupy
designated public facilities during the duration of the state of emergency" (Cal. Government
Code § 8698.2(b)). Public facilities are specifically defined as, "any facility of a political
subdivision including parks, schools, and vacant or underutilized facilities which are owned,
The City of Oceanside has been declaring a temporary shelter crisis since at least 2007, to last for the
limited duration of November through April of each calendar year (during the winter months). This declaration
suspends the city's zoning ordinance and allows public facilities and churches to house up to 50 persons without a
CUP. Oceanside also declared an emergency shelter crisis in 2018 to obtain state Homeless Emergency Aid Program
(HEAP) funds.
2 The City of Escondido's emergency shelter crisis declaration is set to expire on June 30, 2021.
June 28, 2021 Item #2 Page 5 of 8
Page 5
operated, leased, or maintained, or any combination thereof, by the political subdivision
through money derived by taxation or assessment" (Cal. Government Code § 8698(c)).
Under Government Code Section 8698.1(a), a shelter crisis emergency declaration would
trigger the following conditions, effective only during the period of the emergency:
1.The city would be immune from liability for ordinary negligence in conditions, acts or
omissions directly related to the provision of emergency housing.
2.All state and local regulations setting standards of housing, health or safety must be
suspended "to the extent that strict compliance would in any way prevent, hinder, or
delay the mitigation of the effects of the shelter crisis." ThisIection would only suspend
those regulations on any additional public facilities opened to the homeless under the
shelter crisis emergency declaration.
3.The city may enact municipal health and safety standards in place of the suspended
regulations to ensure minimal public health and safety during the period of emergency.
This section would also only apply to additional public facilities opened to the homeless
under a shelter crisis emergency declaration.
If the city declares a shelter crisis emergency under this state law, the city may "take such
action as is necessary to carry out the provisions of this chapter" (Government Code chapter
7.8, "Shelter Crisis").
Pursuant to Cal. Government Code § 8698.4(a)(2)(A)(ii), the declaration would suspend any
housing, health, habitability, planning and zoning, or safety standards, procedures or laws
applicable to "homeless shelters," which includes safe parking lot programs (see Cal.
Government Code § 8698.4(c)(1)), provided that the city has adopted health and safety
standards and procedures for homeless shelters that ensure minimal public health and safety,
and ensures those standards are complied with.
The suspended laws would include CEQA (so long as the homeless shelter is reserved entirely
for the homeless) and certain landlord-tenant laws (Cal. Civil Code §§ 1941 to 1942.5)
otherwise applicable to homeless shelters (see Government Code §§ 8698.4(a)(2)(A)00 and
8698.4(a)(2)(B)(4)). Private covenants, such as CC&Rs, would not be suspended.
F. Executive Order N-23-20
Governor Newsome issued EO-N-23-20 on January 8, 2020 to immediately and urgently provide
state government assets to provide shelter and housing for the homeless. The executive order
requires the formation of a multi-state agency strike team to help local governments address
street homelessness. The executive order also provides access to state resources such as
excess state land and 100 travel trailers to qualifying jurisdictions. Per the Business, Consumer
June 28, 2021 Item #2 Page 6 of 8
Page 6
Services and Housing Agency, the Governor directed the deployment of travel trailers to
Oakland, Los Angeles County, Riverside County, Contra Costa County, Sonoma County, Santa
Clara County and Stockton.
In order to provide the resources outlined in EO-N-23-20, the executive order requires the state
to develop accountability metrics to measure local governments' performance in moving
persons into stable housing. Local governments are also required to track their progress and
report it publicly in order to access state resources and assets.
EO-N-23-20 does not impose any requirement on cities to establish safe parking programs. And,
unlike Government Code Sections 8698 through 8698.4, it does not override local zoning
ordinances or other applicable state or local laws for purposes of establishing a safe parking
program.
EO-N-23-20 does, however, encourage the creation of temporary shelters such as safe parking
programs by referencing the DGS map depicting excess state property available for temporary
shelter. This map, which is updated on an ongoing basis, does not currently show any such
excess state property available in the City of Carlsbad.
The executive order also encourages the creation of temporary shelters by requiring Cal Trans
to provide a model lease template to allow counties and cities to more easily utilize Cal Trans
properties adjacent to highways or state roads on a short-term emergency basis to provide
shelter to the homeless. The executive order further calls for the assessment of vacant and
decommissioned hospitals for use as short-term emergency shelter for the homeless, as well as
fairgrounds in or near jurisdictions where a shelter crisis is currently in effect.
IV. Conclusion:
Absent a shelter crisis emergency declaration, a safe parking lot program would likely not be
permitted in the City of Carlsbad due to zoning restrictions in the CMC. Even with a shelter crisis
emergency declaration, a safe parking lot program would not be permissible at the former
Farmers Insurance building property due to the limitations of the Carlsbad Research Center
Specific Plan and the Carlsbad Research Center CC&Rs.
Exhibits
1. City of Carlsbad zoning map
June 28, 2021 Item #2 Page 7 of 8
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mcgaismencisyinorare!stnesuceinemirinalixt7.rma
From:
Sent:
To:
Subject:
brende14776@gmail.com
Friday, June 25, 2021 6:57 PM
City Clerk
Safe parking
All Receive - Agenda Item #2,
For the Information of the:
CITY COUNCIL
Datea2go CA v"--CC
CM ,-***-A-CM ‘-'111-CM (3)
Tammy Cloud-McMinn
We agree with the plans for safe parking at Faraday and El Camino Real.
Cathy and Steve Brendel
Sent from my iRhone
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Tammy Cloud-McMinn
From: Melissa Lane <lanemelissa_99@yahoo.com>
Sent: Friday, June 25, 2021 9:13 PM
To: City Clerk
Subject: The truth about the Encinitas Safe Parking Program
Please read these comments at the next city council meeting where the proposed homeless parking lot is
discussed.
Let me tell you the truth about what happened in Encinitas, the truth that the Encinitas City Council is hiding.
I owned a home on Highway 101 in Encinitas from 2015 through 2020. When the Encinitas city council
approved their safe parking lot in 2019, the number of transient homeless in my area increased almost
immediately. In my mixed use building, we began to have homeless people sleeping in our underground
parking garage, and transients began urinating and defecating in our stairwells. One transient was stealing
bikes from backyards and storing them in our garage's public bike rack. He had at least one other garage for a
business where he was storing other stolen items. I encountered transients who were either extremely drunk
or high on something in our private underground parking level where cell phones didn't work, and it was
terrifying as a woman trapped alone with a man in this condition. I had to call security weekly for issues with
transients. Prior to 2019, I can only remember a few incidents where I needed to call.
These transients came to Encinitas because the parking lot was advertised far and wide, and it made Encinitas
sound homeless friendly. The parking lot itself had very little nightly use. Look closely at the data - the raw
data, not what the executive summaries state. There are too many rules at these lots for the transients who
came to Encinitas. Instead, they filled up the parking lots near Moonlight Beach and Swami's. These areas are
no longer safe for the people who live in coastal Encinitas. That safe parking lot is now closing, and Encinitas is
stuck with the leftovers from it. Last week, there was a shooting involving an armed homeless man near there,
and I was not surprised.
We sold our home in Encinitas to get away from the problems that parking lot caused near our home. Please
do not make the same mistake, Carlsbad.
- Melissa Lane
(formerly of Encinitas, now Carlsbad)
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All Receive - Agenda Item #
Tammy Cloud-McMinn
For the Information of the:
CITY COUNCIL
DateaW) CA CC
UV] PtUVI LJLM t.1)
From: Patrick Connolly <pconnolly@miracosta.edu>
Sent: Monday, June 28, 2021 8:00 AM
To: City Clerk
Cc: Cori Schumacher; Matthew Hall; Paul Nixon; Pete Zoschak; Aysin Neville; Bruce Neville;
Stephanie; Jackie Connolly; Tom Roach; Brett & Laura Smith; Bob and Chris Cinque; Dick
Benson; Holly Nelson; Mickey Williams; Patrick Connolly
Subject: For Homeless Subcommittee meeting on 6/28/2021
Please read aloud:
Will the subcommittee consider recommending to the full council that the overflow conference parking lot
near Police and Fire HQ be assessed as a safe Homeless Camp Site with centralized services, that will better
facilitate homeless resource referrals and allow CPD to enforce no camping and trespass ordinances at city
parks consistent with Martin v Boise?
Thanks,
Pat Connolly
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Tammy Cloud-McMinn
From: Patrick Connolly <pconnolly@miracosta.edu>
Sent: Monday, June 28, 2021 8:43 AM
To: City Clerk
Cc: Cod Schumacher; Matthew Hall; Paul Nixon; Holly Nelson; Aysin Neville; Bruce Neville;
Bob and Chris Cinque; Stephanie; Brett & Laura Smith; Jackie Connolly; Tom Roach;
Mickey Williams; Pete Zoschak; Scott Chadwick; Dick Benson; Patrick Connolly
Subject: Homeless Subcommittee meeting 6/28/2021
If allowed/required by the Brown Act, please submit the photos below for the record. If possible, please submit with my
previously emailed question to that subcommittee that was to be read aloud. The pictures were taken at Magee Park on
6/28/2021 at @8:20am.
Thanks, Pat Connolly
1
Pat Connolly
Sent from my iPhone
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Tammy Cloud-McMinn
From: Tracy Carmichael <whatzuptIc@yahoo.com> All Receive - Agenda Item # :2
Sent Monday, June 28, 2021 2:57 PM For the Information of the:
To: City Clerk CITY COUNCIL
Subject: Homeless Task Force Sub Committee Please read into recorgate"M CA V—C-C -----
CM ----ACM ---tiCM (3)
Mayor Hall, staff and Carlsbad residents,
Today's the Homeless Task Force meeting
My name is Tracy Carmichael. I am a Carlsbad resident, home and
business owner,
I have concerns regarding the posting of this meeting and proper
notification of a Brown Act sub committee in which you are the
representatives. The agenda was ennailed to participates however if
you were an average citizen and they went searching for the
agenda, it is buried.
Secondly and most important is limiting the public comments to
only emailed written comments to be sent a hour prior to a meeting
is restrictive. It does not provide for community input due to the
agenda addition of a homeless parking lot topic. I attended all four
town hall meetings and the homeless parking lot was not presented
to the community or discussed with the community those meetings.
Government code section 54954.2 it states the
agenda need not provide on opportunity for
members of the public to address the legislative
body on any item that has already been considered
by a committee, composed exclusively fo members
of the legislative body, at a public meeting
wherein all interested members of the public were
afforded the opportunity to address the committee
on the item, before or during the committee's
consideration of the its, unless the item has
been substantially changed since the committee
heard the item, as determined by the legislative
body.
1
Further more, over the last few years our
community has been following the Encinitas
Homeless Parking lot. The impacts to a community
where homeless, van lifers, and car travelers are
allowed to park and sleep in a parking lot, night
after night and day after day; it leaves the
communities with increases in criminal activity.
when the sun rises they leave the "safe parking
lot" only to drive around neighborhoods and
businesses with nothing to do when we are off
working and making a living. This is another
method of a money train that has endless excuses
and zero accountablity. The city will be left
riddled paying for things when people do not want
help and what to live this lifestyle.
encourage you to listen to the community that
you serve.
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