Sec. 38-126. Safe Parking Program.
A. Purpose and Intent.Safe parking provides homeless individuals and families with a safe place to temporarily park overnight. The provisions set forth in this section enable safe parking programs to operate in the City subject to specific performance standards and permit requirements. These standards and requirements are intended to ensure that safe parking facilities will be compatible with surrounding uses and effective at facilitating participants’ transition to permanent housing.
B. Definitions.
1.“Safe parking program” means a parking program operated on an existing parking lot located outside of the public right-of-way and managed by a social service provider that provides individuals and families with vehicles a safe place to park overnight.
2.“Social service provider” means an agency or organization that has demonstrated experience with the homeless population by assisting individuals and families achieve economic self-sufficiency and self-determination through a comprehensive array of programs and actions.
C. Use Permit Required.The establishment of a safe parking program in any zoning district shall require a use permit pursuant to Article 22. The use is prohibited in the clear and safety zones of the Monterey Peninsula Airport as shown in the Comprehensive Land Use Plan for the Monterey Peninsula Airport. In all residential zones, safe parking programs shall only be permitted on properties with the following classifications: Religious assembly, clubs and lodges, and cultural institutions.
1. Exception.Safe parking shall be principally permitted on the following City parking lots or on those later approved by the City Council by resolution: 735 Pacific Street.
2. Standards.Principally permitted safe parking programs on City parking lots shall:
a.Have a maximum of six vehicles per site;
b.Have hours of operation which in no case may exceed 7:00 p.m. to 7:30 a.m.
c.Ensure all vehicles shall park in existing parking spaces. Over-sized vehicles shall not extend into drive aisles;
d.Operate in a safe and sanitary manner. Examples include adequate trash and recycling services, port-a-potty maintenance, general site cleanliness;
e.Comply with the Americans with Disabilities Act;
f.Conduct online criminal background checks on applicants as part of the intake interview;
g.Secure the port-a-potty to the satisfaction of the City Permit and Inspection Services Department;
h.Ensure the onsite port-a-potty shall be available only for safe parking guests;
i.Conduct random site visits to check for rule compliance;
j.Not allow drug or alcohol use or possession on site;
k.Not allow weapons or firearms of any kind in program vehicles;
l.Require vehicles to be registered and insured;
m.Not preclude participation in the program based on a person’s race, color, religion, national origin, ethnicity, gender, sexual orientation, marital status, disability, or medical condition; and
n.Enter into a license agreement with the City of Monterey.
o.The City Manager, or designee, is authorized to execute the license agreement.
D. Application Requirements.In addition to the requirements contained in Section 38-158, the use permit application shall include the following:
1.Proposed hours of operation, which in no case may exceed 7:00 p.m. to 7:30 a.m.
2.The social service provider’s proposed monitoring and oversight plan for the safe parking program.
3.Site plan indicating the location of trash and recycling facilities, water, restroom facilities, location and distances to residential properties, and location of designated overnight parking spaces.
4.Written documentation establishing that the property owner is a social service provider or that the social service provider’s use of the property has been authorized by the property owner.
5.Written approval by the Community Services Department head indicating that the proposed social service provider meets the definition under this section of a “social service provider.”
6.Any other information the Community Development Department may determine is necessary to ensure compliance with the provisions of this section. (Ord. 3653 § 19, 2022)
E. Use Permit Considerations.Items to be considered by the Planning Commission as part of the use permit review process shall include, but are not limited to, the following:
1.The total number of vehicles allowed at each safe parking program facility, which shall be determined based on the size of the parking area available for such activity.
2.The days and hours of operation of the safe parking program facility.
3.The restroom, water, and trash and recycling facility plan, which shall include the location, hours of availability, and maintenance program for the facility.
4.Whether there exists sufficient distance between existing and proposed safe parking program facilities.
5.Whether there exists sufficient distance between the designated spaces at a proposed safe parking program facility and real property being used for a residential purpose.
6.Whether adequate monitoring and oversight is provided by the social service provider.
7.The existing noise levels and groundborne vibration; and the potential noise impacts of the proposed safe parking program.
8.Whether the proposed safe parking program facility is listed as a hazardous material site pursuant to Government Code Section 65962.5.
9.Whether there is adequate emergency access at the proposed safe parking program facility.
10.Whether the proposed safe parking program conflicts with express conditions imposed by the City on a prior use permit for the use of the real property.
11.On intake, the social service provider shall conduct an online criminal background check on applicants as part of the intake interview. Participant exclusion based on background check results shall be determined by the social service provider on a case-by-case basis.
F. Permit Revocation.The use permit can be referred to the Planning Commission if determined by the head of the Community Development Department, upon receipt of a written substantiated complaint from any citizen, code enforcement officer, or police department officer, which includes information and/or evidence in support of the complaint, that a violation of the use permit, or of any City ordinances or regulations applicable to the property or operation of the facility, has occurred. At the time of the use permit review, to ensure compliance with applicable laws and conditions of the use permit, conditions of approval may be added, deleted, modified, or the use permit may be revoked. (Ord. 3653 § 19, 2022; Ord. 3562 § 2, 2017; Ord. 3522 § 2, 2015)