EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: April 5, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Jaime M. Fontes, City Manager
BY: Rachel Horst, Housing and Economic Development Manager Patrick Heisinger, Assistant City Manager
SUBJECT: Update and Recommendations Regarding the City's Unhoused Residents Recommendation
It is recommended that the City Council take the following actions:
1. Accept staff’s report regarding the City’s unhoused residents.
2. Direct staff to return to the City Council on May 3, 2022 to establish a Master Temporary Use Permit process to allow temporary housing for unhoused individuals on private and public property; and
3. Provide direction on whether to pursue a contract with the Downtown Streets Team to support the unhoused as further described in the staff report.
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 6: Create a Healthy and Safe Community
Background
At the February 1, 2022 City Council meeting, staff presented several recommendations for how to address the growing number of unhoused residents in East Palo Alto.1 The City Council agreed with staff’s recommendations for Recreational Vehicles (“RVs”) parked in the public right of way and for unhoused residents in encampments. City Council direction is summarized below:
For RVs:
1. Conduct a bi-monthly “windshield” survey to obtain a current count of RVs and 1 Please see the February 1 staff report at:
http://eastpaloalto.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=None&MeetingID=1487&MediaPosition=8744.755&ID=2088&Cs sClass=
Oversized Vehicles parked in public right-of-way.
2. Provide information to owners of Oversized Vehicles in the public right-of-way about the City’s parking regulations and debris removal. Where necessary, staff will remove debris from right-of-way.
3. Extend the License & Grant Agreement with Project WeHOPE for the RV Safe Parking Program at 1798 Bay Rd. and a $250,000 grant for the program. A program extension requires Planning Commission approval of an Interim Use Permit and City Council approval of the License & Grant Agreement, tentatively scheduled for April 11 and April 19, respectively.
For unhoused residents in encampments:
1. Maintain temporary bathroom facilities at Bell St. Park through April 30, 2022. The contract with National Construction Rental expires June 29, 2022.
2. Engage the County Manager to discuss potential options for receiving County assistance to support and house the unhoused encampment residents.
3. Return to City Council with options for providing temporary housing to more immediately address the shortage of permanent affordable and supportive housing and alleviate the negative impacts of homelessness on unhoused individuals and the community at large.
County Efforts on Homelessness
The County has named 2022 the “Year to End Homelessness in San Mateo County.” The goal of the County’s strategy is to bring homelessness down to “functional zero,” or a state in which the number of units is sufficient to house everyone who is experiencing homeless.
The County’s efforts include investing in Project Homekey conversions of hotels and motels into temporary and supportive housing in Half Moon Bay, Redwood City, San Mateo, and unincorporated County, and releasing hundreds of vouchers for emergency and permanent housing. Another Project Homekey-funded Navigation Center, or low-barrier shelter with 240 units in Redwood City, is scheduled for completion by fall of 2022.
The purpose of this staff report is to provide an update on conversations with the County and to obtain City Council direction on the options presented for temporary housing solutions.
Analysis
Update on Collaboration with the County of San Mateo
Since the February 1, 2022 City Council meeting, City staff has held the March monthly meeting with County Human Services Agency (“HSA”), LifeMoves, and Project WeHOPE and held multiple meetings with counterparts at the County of San Mateo.
At the monthly City-County meeting, staff reviewed all known encampment sites in East Palo Alto with County partners and learned that outreach workers and case managers are frequenting each of these sites a minimum of once per week, and up to four times per week at more established sites. LifeMoves and Project WeHOPE staff have established clients at all sites.
On March 17, the Mayor and Assistant City Manager met with Supervisor Warren Slocum and members of the County Manager’s team to identify a specific strategy for the current encampment located at Bell St. Park. Further meetings on this topic were scheduled for March 25 and March 29. Staff is providing information and seeking direction on actions related to the Bell St. encampment via a separate agenda item at tonight’s City Council meeting.
City Regulatory Actions to Streamline Temporary Housing Declaration of Shelter Crisis
On July 17, 2018, by Resolution No. 4998, the City Council declared a shelter crisis pursuant to Government Code 8698 et seq.2 This action enables a jurisdiction to provide “emergency housing” in public facilities, as defined, for the duration of the shelter crisis and to suspend most state and local design and building standards to the extent that they hinder the development of the emergency housing. The City declared the shelter crisis in conjunction with establishment of the RV Safe Parking Program, though it may apply to other types of emergency housing. Several neighboring cities have declared shelter crises to support similar programs. Resolution No. 4998 also categorically exempted the RV Safe Parking Program from CEQA.
Temporary Use Permit and Streamlined Permitting Process for Temporary Housing Drawing from examples of other jurisdictions such as San Francisco, Menlo Park, Palo Alto, Oakland, and San Jose, the City may facilitate the creation of temporary housing options through a streamlined permitting process. Specifically, the City can allow private property owners, such as religious institutions or developers with an active development project in the City, to provide temporary housing opportunities by way of a Temporary Use Permit (“TUP”) and streamlined permitting process.
These temporary housing opportunities could take one, or a combination, of the following three forms, each with its own regulatory requirements:
1.) Permitting overnight parking of a limited number of vehicles, RVs, and Oversized Vehicles on private or City property
Overnight parking for individuals in their cars, RVs, or Oversized Vehicles on City property or private property may be permitted as a temporary use.
The RV Safe Parking Program at 1798 Bay Rd. is an example of a City-owned property where the permitted temporary, or interim, use is the operation of an overnight safe parking program by a nonprofit organization (Project WeHOPE).3 Temporary safe parking use may also be of interest on sites owned by faith communities with large parking lots, or on vacant or underutilized sites with a pending development application.
Existing TUP Process in Development Code
Staff believes that the existing TUP process provided for in Section 18.40 of the City’s 2 Please see the full list of provisions that apply when a shelter crisis is declared:
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=1.&chapter=7.8.&lawCode=GOV&title=2 3 In the Ravenswood/4 Corners Specific Plan Area, such uses are permitted through a Special Use Permit. With Resolution No.
PC2021-04, the Planning Commission made key findings about the program to confirm that the interim use does not impede or contradict the goals of the Specific Plan or have any impact on the long-term intended use of the site..
Development Code4
is sufficient to allow for overnight parking as a temporary housing solution.
TUPs are permitted across all zoning designations and allow for short-term use that is compatible with the subject zone and with adjacent and surrounding uses.
The TUP may be approved through a Director’s Hearing but must be renewed on an annual basis. The basic findings that the approval body must make to approve temporary use are outlined in Section 18.94.080, though they may differ based on the zoning of the parcel where the overnight parking would be permitted.
The approval process for a TUP includes review by all City Divisions and Menlo Park Fire Protection District (“Menlo Fire”), all of which may impose conditions on an overnight parking program, such as: maximum number of vehicles per square foot, proper spacing between vehicles, hours of operation, waste and stormwater management, facilities connections, site security, and compliance with applicable Building and Fire Code requirements. Applicable site standards and types of conditions that may be imposed for a TUP are provided in Section
18.94.090.
To streamline this process, staff recommends creating standardized site standards and conditions for an overnight parking program and making these available to any parties interested in providing overnight parking spaces as a temporary housing solution.
2.) Permitting temporary shelter in existing buildings on private property Some jurisdictions allow local faith communities, in partnership with a service provider, to provide temporary residence within an existing building, so long as certain health and safety requirements are met. Staff believes that local faith communities may provide such temporary shelter utilizing one of two existing City processes: Emergency Housing or the TUP.
Under the Development Code, emergency shelters are a permitted use in the Ravenswood/4 Corners Specific Plan Area on parcels zoned IT (“Industrial Transition Zone”); site standards and time limits are specified in Section 18.04.080. These include:
• Maximum number of persons/beds
• Off-street parking requirements
• Interior “waiting and intake” space
• Private outdoor open space
• Distance from other shelters
• Limitation on length of stay
• Exterior lighting requirement
• Security Plan requirement
• Management Plan requirement
On parcels not zoned IT, or in areas outside of the Ravenswood/4 Corners Specific Plan Area, it is possible to permit a temporary shelter program through the TUP process, as outlined in Chapter 18.94 of the Development Code.
4 Please see:
https://library.municode.com/ca/east_palo_alto/codes/code_of_ordinances?nodeId=EAPAALDECO2018EDCUORNO09- 2020ADDE152020_TIT18DECO_ART7PEPRPR_CH18.94TEUSPE
However, each TUP application requires review by all City Divisions, including the Planning and Building Divisions, in addition to Menlo Fire, and then requires a Building permit. Staff recommends creating interior and exterior site standards and an inspection process specifically for temporary shelter spaces for clarification and to avoid delays in permit processing. Standards could include minimum spacing, setbacks, access to bathroom facilities, utilities, hours of operation, and other minimum requirements to comply with California Building Standards Code.
Applicants would be prompted to provide basic site plans with required information. Staff also recommends creating parameters for programming of temporary shelter sites that potential applicants must be prepared to meet, such as providing meals, case management, and site supervision.
3.) Permitting temporary housing structures placed on private or City property Some jurisdictions in the Bay Area, including San Francisco, Oakland, and San Jose, have created special permitting processes for temporary housing structures on public and private property. This type of temporary housing, such as “tiny homes,” manufactured housing, container homes, or other non-traditional living spaces, is differentiated from permanent housing by the types of building materials used, lack of permanent foundation, limited amenities, and short-term use.
Jurisdictions that allow this type of housing have taken legislative action, including adopting a resolution declaring a shelter crisis and making various updates to their respective municipal codes by defining an entirely new housing type5; adopting voluntary appendices of the California Building Standards Code6that pertain to tiny homes or other interim housing types; setting standards for modular or manufactured housing in their development codes; or allowing emergency housing in more zoning designations.
The City can draw from the experiences of these other jurisdictions to create the most efficient temporary housing permitting process for East Palo Alto. However, it should be noted that any amendments made to the City’s Municipal Code would require staff to return with an ordinance for City Council consideration.
Master TUP Application
As noted above, staff recommend creating a single application process containing all applicable site standards and conditions for these temporary housing options to streamline the TUP approval process. This single “Master TUP” application would be available on the City’s website, could be adapted to all property types, and would include a checklist for applicants to follow and to simplify review by all City Divisions and outside agencies, including Menlo Fire.
As a temporary use, temporary housing permit application likely would be categorically exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15183 Zoning and Section 15304(e) Projects Consistent with a Community Plan, General Plan, or Minor Alterations to Land (Class 4). However, a TUP would be subject to environmental review prior 5 The City of Oakland created a “Vehicular Residential Facility” type, which allows for RVs and tiny homes without a permanent foundation to function as housing.
6 The California Building Standards Code includes emergency housing standards and specifications for tiny homes. to entitlement.
Summary of “Master TUP” for Temporary Housing Permitting Process Program Type Permit Type Level of Approval
Overnight Parking Temporary Use Permit Planning Director Hearing Existing Structures as
Temporary Shelter on
Private Property
Temporary Structures on
Private or Public Property
Ministerial (Emergency
Housing on parcels zoned
IT in RBD only)
OR
Temporary Use Permit
(outside of RBD, or parcels
not zoned IT)
Planning Director Hearing
Building Permit (all) Building Permit Approval
Clean-Up of Encampment & Parked RV Sites
The City Council also expressed interest in updates from staff on efforts to dispose of trash and waste from public spaces, where some RVs are parked, and to “activate” recreational spaces such as Bell St. Park. Public Works staff continues to monitor sites multiple times per week and to respond to reported cases of illegal dumping or trash buildup in the public right of way.
Most recently, on Tuesday, March 29, Public Works and Maintenance staff cleared an area containing approximately 20 cubic yards of garbage and construction debris from along the San Francisquito Creek channel adjacent to Woodland Ave. The City is coordinating with Recology of San Mateo to dispose of the materials. No personal belongings were retrieved, as this did not appear to be an encampment area, and all items were in the public right-of-way.7 As a reminder, the City continues to adhere to guidelines issued by the CDC and recent case law regarding removal of unhoused individuals, including parked RVs, from public areas in the absence of viable housing alternatives.8 The legal concerns detailed in the June 1 and October 19, 2021, staff reports, associated with activities such as “sweeping” of unhoused encampments or enforcing certain programs that target unhoused populations, continue to inform staff’s approach to these issues.
Potential Agreement with the Downtown Streets Team
7 Notices were posted prior to the clean-up and arrangements were made to store any personal belongings retrieved during the clean-up at 150 Tara Rd. for 90 days.
8 The City adheres to guidelines issued by the Centers for Disease Control and Prevention (“CDC”) that discourage breaking up encampments to prevent the spread of COVID-19, unless alternative housing is available. Relevant recent rulings include Martin v.
City of Boise, by the United States Court of Appeals, Ninth Circuit, which limits the ability of jurisdictions to remove homeless individuals from public areas, such as encampments, when there are no safe and adequate shelter alternatives available. Law Foundation v. Mountain View is also relevant for its effect on local bans on overnight parking of RVs and other vehicles. Please see the February 1, 2022 staff report for more information.
City staff has been researching street clean-up programs to find a solution to the trash and debris accumulating throughout the city. A specific example emerged among some other cities that may serve as a potential solution to the ongoing need for clean-up of public areas and outreach to unhoused individuals in East Palo Alto.
An organization by the name of Downtown Streets Team engages unhoused individuals in clean-up activities for four hours per day on Mondays through Fridays, weekly team meetings, and case management to secure permanent housing. Members of Downtown Streets Team work alongside a jurisdiction’s public works and maintenance departments on beautification efforts across the city. Jurisdictions typically fund the cost of Downtown Streets Team through a variety of public and philanthropic sources.
The estimated annual cost of Downtown Streets Team, including staffing and operating expenses in East Palo Alto, is $390,000. If the City Council chooses to pursue this type of program, staff recommend that the City share the cost with the County and other agencies for one year.
Staff has had initial conversations with the Midpeninsula Regional Open Space District, the San Francisquito Creek Joint Powers Authority, and the County of San Mateo to determine the potential of a cost sharing arrangement for a contract with the Downtown Streets Team. If the Council were to direct staff to move forward with an agreement with the Downtown Streets Team, staff would include these assumptions in the upcoming budget process.
Next Steps
City staff continues to meet regularly with County representatives to discuss current conditions in East Palo Alto and determine next steps for collaboration between the City and County.
Meetings related to the Bell St. Park encampment are detailed in that agenda item for tonight’s City Council meeting.
If directed, staff will begin drafting an application and template documents for a Master TUP program for temporary housing for unhoused individuals.
If the City Council directs staff to negotiate an agreement with Downtown Streets Team, staff will return with a refined cost estimate and draft agreement for consideration at the next City Council meeting.
Fiscal Impact
If the City were to fund one year of Downtown Streets Team, this investment will require an appropriation from the City General Fund reserve of approximately $117,000 (one-third of the total cost for one year). Staff would return with the exact funding breakdown and request City Council appropriation at that meeting.
Staff is currently pursuing additional funding sources from the County and other agencies to share the costs of providing a service such as Downtown Streets Team or other investments in meeting the needs of the unhoused population in East Palo Alto.
Public Notice
The public was provided notice by making the agenda and report available on the City’s website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto.
Environmental
The action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline section 15378 (b)(5), in that it is a government administrative activity that will not result in direct or indirect changes in the environment.