REPORT TO COUNCIL
SUBJECT
Title
Proposed Project:
Introduce an Ordinance to:
Amend Article 5 (Special Housing Issues) of Title 19 (Zoning) of the Sunnyvale Municipal Code to Allow Safe Parking as a Primary or Ancillary Use at Specified Sites, other related Zoning Code Amendments, and related Amendments to the Peery Park Specific Plan Land Use Table and Direct Staff to Pursue Implementing a Safe Parking Pilot Program on Public Land.
Location: Citywide
File #: PLNG-2024-0645
Zoning: C-4, MP-02, M-S, M-3, PPSP-IE, and PPSP-MIC and Place of Assembly - Community Serving us sites
Environmental Review: Class 1 (California Environmental Quality Act [CEQA] Guidelines Section 15301), Class 4 (Section 15304), and Class 11 (Section 15311) Categorical Exemptions and Section 15061(b)(3)
Project Manager: Amanda Sztoltz, (408) 730-7451, asztoltz@sunnyvale.ca.gov
Report
SUMMARY OF COMMISSION ACTION
The Planning Commission considered this item on October 14, 2024. The Housing and Human Services Commission considered this item on October 23, 2024.
Both the Planning Commission and the Housing and Human Services Commission voted to Recommend to City Council approval of Alternatives 1, 2 and 3: 1) Introduce an Ordinance to Amend Article 5 (Special Housing Issues) of Title 19 (Zoning) of the Sunnyvale Municipal Code to Allow Safe Parking as a Primary or Ancillary Use at Specified Sites, other related Zoning Code Amendments, and related Amendments to the Peery Park Specific Plan Land Use Table (Attachment 2 to the report) and Find that the Action is Exempt from the California Environmental Quality Act (CEQA) Pursuant to the Class 1, Class 4, and Class 11 Categorical Exemptions and Section 15061(b)(3); 2) Direct Staff to Pursue Implementing a Safe Parking Pilot Program on Public Land and return to Council with program details; and, 3) Direct staff to prepare a Budget Issue for consideration with the FY 2025/26 Recommended Budget for a General Fund grant for a nonprofit or faith-based organization to provide a Safe Parking Program on private land.
The Planning Commission vote was 7-0.
The Housing and Human Services Commission vote was 5-0 with Commissioner Davis and Commissioner Riviere absent.
Public Comment letters are provided in Attachment 6 to the report.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
Service providers and advocates for services for the unhoused were advised of the public hearing schedule; an overview of the program was provided at the monthly Unhoused Collaborative meeting hosted by County Supervisor Otto Lee’s office.
ALTERNATIVES
1. Introduce an Ordinance to amend Article 5 (Special Housing Issues) of Title 19 (Zoning) of the Sunnyvale Municipal Code to allow Safe Parking as a Primary or Ancillary Use at Specified Sites, other related Zoning Code amendments, and related amendments to the Peery Park Specific Plan Land Use Table (Attachment 2 to the report), and find that the Action is exempt from the California Environmental Quality Act (CEQA) pursuant to the Class 1, Class 4, and Class 11 categorical exemptions and Section 15061(b)(3).
2. Direct Staff to pursue implementing a Safe Parking Pilot Program on public land and return to Council with program details.
3. Direct staff to prepare a Budget Issue for consideration with the FY 2025/26 Recommended Budget for a General Fund grant for a nonprofit or faith-based organization to provide a Safe Parking Program on private land.
4. Alternatives 1, 2 and 3 with modifications.
5. Do not adopt the ordinance nor direct staff on any further action.
STAFF RECOMMENDATION
Recommendation
Alternatives 1, 2 and 3: 1) Introduce an Ordinance to amend Article 5 (Special Housing Issues) of Title 19 (Zoning) of the Sunnyvale Municipal Code to allow Safe Parking as a Primary or Ancillary Use at Specified Sites, other related Zoning Code amendments, and related amendments to the Peery Park Specific Plan Land Use Table (Attachment 2 to the report) and find that the Action is exempt from the California Environmental Quality Act (CEQA) pursuant to the Class 1, Class 4, and Class 11 categorical exemptions and Section 15061(b)(3); 2) Direct Staff to pursue implementing a Safe Parking Pilot Program on public land and return to Council with program details; and 3) Direct staff to prepare a Budget Issue for consideration with the FY 2025-2026 Recommended Budget for a General Fund grant for a nonprofit or faith-based organization to provide a Safe Parking Program on private land.
JUSTIFICATION FOR RECOMMENDATION
To arrive at the above recommendations and proposed ordinance, City staff conferred with operators of safe parking programs and staff from other cities that support the operation of these programs. During these conversations, individuals emphasized that the need for safe parking likely exceeds the number of safe parking spots that will be available. However, if safe parking programs are not available, more households will continue to dwell in vehicles parked on public streets.
Reducing the number of individuals and families who are unhoused is a complex issue that requires multi-agency and interdepartmental coordination, regional collaboration, and a long-term focus. In the meantime, programs such as Safe Parking offer a short-term solution to connect vehicularly homeless households with services, support, and long-term housing solutions.
The Santa Clara County Board of Supervisors recently directed County staff to collaborate with cities on safe parking and temporary housing opportunities and report back at the mid-year budget cycle. Staff recommends that City, County and other public land be assessed as potential Safe Parking host sites. Staff would return with a list of potential sites with information on costs to prepare a site for safe parking and costs to operate a program and will identify potential funding sources.
Grant funding for a nonprofit or faith-based organization to establish a safe parking program on private land may assist an outside organization with site improvements and other start-up costs. Council could consider this funding option with the FY 2025/26 Recommended Budget, alongside other new programs.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $250 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
_X__ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Amanda Sztoltz, Homeless Services Manager
Reviewed by: Jenny Carloni, Housing Officer
Reviewed by: Trudi Ryan, Director, Community Development
Reviewed by: Dennis Jaw, Interim Director of Finance
Reviewed by: Connie Verceles, Deputy City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Report to Planning Commission [24-0955, October 14, 2024] (without attachments, same as report to Housing and Human Services Commission)
2. Draft Ordinance
3. Draft Resolution
Additional Attachments for Report to Council
4. Excerpt of Draft Minutes of the Planning Commission Meeting of October 14, 2024
5. Excerpt of Draft Minutes of the Housing and Human Services Commission Meeting of October 23, 2024
6. Public Comments