Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
# Commentor HMC Code Section Public Comment Staff’s Response 1 HCD 10-1.2736(a)(2)(g) In accordance with Government Code Section 65583 (a)(4)(B)(v), emergency
shelters are not required to be more than
300 feet apart.
Staff has amended Hayward
Municipal Code (HMC) Section 10-
1.2736 (a)(2)(g) accordingly.
2 HCD 10-1.3510 Permitted Uses shall be “Use by-right.” Clarify this within the regulations.
Staff has amended the “Permitted
Use” definition and cross-referenced
Government Code Section
65583.2(i).
3 HCD 10-1.3510 Clarify if “Tiny Homes” are permanent or temporary dwelling units.
Staff has amended the “Dwelling
Unit/Residential Unit Definition” to
clarify all dwelling units must be
permanent.
4 Staff 10-1.2736(a) Would an emergency shelter that is set-up in response to a natural disaster have to
conform with this? If so, some of the
proposed sites have the capacity to exceed
the number of beds.
No. Staff has revised the definition of
“Emergency Shelter” to clarify this
shelter is for individuals
experiencing homelessness.
5 Staff 10-1.2737 Should this say lower income households? Yes. Staff has revised section accordingly.
6 Staff 10-1.3510 Are residents of a group home paying for accommodations only or accommodations
and care?
Residential accommodations can
include care (i.e. nursing services,
meals, etc.). Through their licensing
program, the State Department of
Social Services determines what
accommodations are required.
7 Staff 10-1.3510 The explanation of "low-barrier" is unclear to me based on the examples provided in
the Low Barrier Navigation Center
definition. The examples seem to be
something a navigation center provides and
not what makes it low-barrier. My
This definition comes directly from
Government Code Section 65660 in
alignment with Housing Element
Action 13.6. In order to stay
consistent with State Law, staff will
keep the definition as is.
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
understanding is that low barrier removes
or diminish historical barriers to entry such
as sobriety, identification requirements,
strict curfews, or complex referral or intake
processes.
8 Staff 10-1.3510 Should it say "employment" instead of "income" in the Low Barrier Navigation
Center definition?
See Comment #7.
9 Staff 10-1.3510 Does it need to be clear in the Safe Parking Definition that individuals and families are
allowed to sleep there? I see the cross
reference under Vehicle but might be good
if it is also included in this definition.
Staff clarified “Safe Parking”
definition to include allowances for
sleeping within vehicles and cross
referenced “Vehicle” definition here.
10 Staff General Why are there not three tiers for Unlicensed Group Homes like Licensed Group Homes?
City Council and the public had
concerns regarding changing
regulations for Unlicensed Group
Homes because there is no oversite
from the State Department of Social
Services. For this reason, staff did
not propose any changes to the
regulations for unlicensed facilities.
11 Staff 10-1.2736 (d) Do safe parking vehicles need to park in striped spaces?
Staff has clarified in HMC Section 10-
1.2736 (d)(4)(b) that all vehicles
shall be parked within a striped
parking space.
12 Public General Are there any disability access
requirements for Shelters?
Emergency Shelters will be required
to comply with any applicable
accessibility standards within the
California Building Code and
American Disability Act.
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
13 Public General Will there be paratransit service to
shelters?
East Bay Paratransit provides
paratransit services within the City
of Hayward. They provide curb-to-
curb with door-to-door services
upon request.
14 Public General What is the intersection between these regulations and mental health?
The California Statewide Study of
People Experiencing Homelessness1
noted that about 66 percent of
individuals experiencing
homelessness have symptoms of a
mental health condition. The
proposed regulations aim to expand
housing options for Hayward’s
unhoused population where they
will have access to services and
conditions to improve their mental
health. Specifically, staff proposes
allowing “Psychiatric and
Rehabilitation Facilities” within the
Industrial and most Mission
Boulevard zoning sub-districts.
These facilities will provide 24-hour
psychiatric and rehabilitation care.
15 Public General I have been meeting with a team under the direction of Council Member Syrop. We are
meeting around housing. Maybe this is
something we can discuss as a team at that
meeting. Unfortunately, with my workload I
don't have the capacity to review all these
plans and make recommendations.
Staff is happy to present at that
meeting. These regulations were
under public review between
September 24, 2024, and October
21, 2024, and the regulations were
considered at public work sessions
with the City Council and Planning
Commission in early October prior
1 https://homelessness.ucsf.edu/our-impact/studies/california-statewide-study-people-experiencing-homelessness Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
I wish I could be of more help but I think
maybe we take time as a team to give the
best feedback from multiple sources.
to the adoption hearings in
December 2024 and January 2025.
16 Public General Thank you for sharing this and we would support all of these changes, however as an
agency that operates emergency shelter,
interim housing, and many permanent
supportive housing sites, the insurance
market would impact our ability to do some
of these things without risk that we would
be dropped by our insurance carriers.
This is just to say, that I don't have high
hopes that these changes would actually
result in additional resources for our
unhoused community members.
Acknowledged.
17 Public General I wanted to let you know what I have been working on here at CRIL in the housing
arena! First, we are very pleased that
Hayward housing staff is looking at a future
universal design ordinance! Anything we
can do on that front, please let me know!
Also, regarding the effort to move forward
the policy of supportive housing in the city,
that is something we are in favor of! For
mental health related housing, I believe that
story-telling and supporting the narrative
of service delivery is important when
advancing mental health projects! Too often
nimbyism gets in the way of these kinds of
projects! Regarding finding more shelter
and hotel space for short term housing, we
Acknowledged.
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
need to be creative and work with a variety
of non-profits when placing consumers. For
group homes and other housing solutions in
the short-term space we need to emphasize
disability access and flexibility for our
senior population! Also, housing does not
exist in a vacuum. We need to consider the
needs of the whole person including food,
medical care and transportation among
other things! I hope this helps you and your
fellow council members when thinking
about the needs of seniors and persons with
disabilities when thinking about supportive
housing! Finally, I do want to say that I have
found city staff to be quite accommodating
and supportive and I am happy to work
with city staff to meet the needs of our
consumers!
18 PC General Housing Element Action 31.4 references
“By-Right” and Administrative Use Permit
processes. Can you please explain those?
Uses that are permitted “By-Right”
do not require any discretionary
permits.
An Administrative Use Permit (AUP)
is a discretionary permit that is
approved by the Planning Director,
unless appealed. All interested
parties and properties within 300
feet of the subject property are
notified when the City receives an
application. They are also notified
when the Planning Director makes a
decision and given a 15-day period
in which they can appeal the
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
decision. The application is
reviewed for compliance with
Zoning, Building, and Fire
regulations. Typically, AUPs include
conditions of approval that the
operator, property owner and
applicant need to comply with. The
AUP can be revoked, and the use will
be required to cease if the
conditions of approval are not
followed.
19 PC General As part of the Administrative Use Permit
process, will the neighbors be notified? Will
staff review the application for compliance
with Fire and Building Code regulations?
See Comment #18.
20 PC General Do the 512 homeless identified in Hayward include individuals living in Shelters, SROs,
or Group Homes?
This count includes individuals in
shelters however, it does not include
individuals living in SROs or Group
Homes.
21 PC General With these regulations, are we trying to find services for individuals just in Hayward or
the region?
The project does not include the
creation or funding of services.
Eligibility for services is typically
determined by funding and need.
22 PC General Were the City Emergency Resolutions
needed to remove zoning barriers?
Yes. Many of the City’s current
zoning regulations serve as barriers
to meaningful serving our unhoused
population. The proposed
regulations aim to address these
barriers.
23 PC 10-1.3510 Why were the Boarding Home and
Fraternity/Sorority uses being removed?
The “Boarding Home” and
“Fraternity/Sorority” uses are
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
already included in the Group Home
definition.
24 PC 10-1.2736 (d) Where will Safe Parking residents go between 10 am and 5 pm?
Safe Parking residents will be
required to leave the Safe Parking
site between 10am and 5pm. It is
likely that Safe Parking residents
will drive their vehicle to their jobs,
services, or other locations to
complete daily tasks.
25 PC 10-1.2736 (d) Will Safe Parking residents be allowed to reserve their spots?
This will be up to the Safe Parking
operator and will need to be
disclosed to staff during the AUP
process.
26 PC 10-1.2736 (d) Are the Safe Parking regulations designed to only serve Hayward residents?
All surrounding jurisdictions
including unincorporated Alameda
County, Union City and Fremont
have safe parking programs.
Therefore, it is likely any Safe
Parking operation in Hayward will
predominately serve Hayward
residents.
27 PC 10-1.2736 (d) How long can Safe Parking residents be enrolled in the program?
There is no limit on enrollment
within the proposed regulations.
However, service providers could
create a limit if needed.
28 PC General Were the unhoused population directly
contacted to comment on this project?
No. However, staff contacted service
providers which have direct contact
with the unhoused population and
reviewed relevant research
including but not limited to
California Statewide Study of People
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
Experiencing Homelessness and the
2024 Point-In-Time Count2.
29 PC 10-1.2736 (d) Have we explored the use of portable restrooms for Safe Parking?
Yes. Staff has modified HMC Section
10-1.2736(d)(4)(e) to allow for
temporary bathroom facilities.
30 PC 10-1.2736 (e) Will existing hotels be able to meet all the SRO regulations?
It is likely existing hotels with some
minor alterations would be able to
meet all the SRO regulations
identified in HMC Section 10-
1.2736(e). This is because the
requirements for hotels and SROs
are very similar.
31 PC 10-1.2736 (a) Why is there a distance requirement for Emergency Shelters but none of the other
uses?
Government Code Section 65583
limits cities from developing
objective standards for Emergency
Shelters unless the standards are
related to number of beds, parking,
intake areas, onsite management,
length of stay, lighting, security and
proximity to one another. Due to this
limitation, staff thought it was
important to include a minimum
distance requirement. Furthermore,
a distancing requirement will ensure
certain neighborhoods do not have a
disproportionate amount of
Emergency Shelters.
32 PC General Why was Winters selected as an example
for the SRO regulations?
Through staff’s research, there were
very limited jurisdictions within the
Bay Area that had SRO regulations.
While, Winters, located in Northern
2 https://everyonehome.org/main/continuum-of-care/point-in-time-count-2024/ Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
California, has robust and clear
regulations aimed at housing their
migrant farm worker population.
33 PC 10-1.1603 Why were the Psychiatric and
Rehabilitation Facility permitted in the
Industrial Districts?
Psychiatric and Rehabilitation
Facility are typically institutional
facilities where individuals are not
permitted to leave the facility during
their stay. Unlike the other proposed
uses, these facilities operate as
institutions that do not need to be
located near commercial
development, transit, or open space.
As such, the Industrial Districts
seem appropriate for this use.
34 PC 10-1.3510 Why was the definition of “Family”
removed?
The definition of “Family” is not
needed within the Zoning Code.
35 PC General If a hotel is converted into an SRO, will the Transit Occupancy Tax still apply?
No.
36 PC General Housing Element Action 13.3 requires
supportive housing to be permitted “by-
right” which would allow projects to by-
pass the Planning Commission. For this
reason, I am opposed to allowing additional
by-right uses. Otherwise, I am supportive
of all the other regulations.
The only proposed “by-right” uses
within the regulations are for Small
Licensed Group Homes, Emergency
Shelters, and Low-Barrier
Navigation Centers
Welfare and Institution Code Section
5116 requires local jurisdictions to
allow Group Homes with up to 6
individuals by-right. Staff is
proposing allowing Licensed Group
Homes with up to 8 individuals by-
right. Staff is proposing this because
Licensed Group Homes are already
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
heavily regulated by the Department
of Social Services.
Government Code Section 65583
and 65662 require local
jurisdictions to allow Emergency
Shelter and Low Barrier Navigation
Centers by-right.
37 PC General Why are service providers not attending
meetings and advocating for these changes?
Staff is not responsible and can not
require service providers to attend
public hearings. All interested
parties were notified of the hearings
directly from staff.
38 PC General All of these uses require review and
enforcement to ensure compliance. I am
worried about the costs and staffing
implications of this.
The permit application costs cover
city staff’s time to review and
process applications.
Code Enforcement staff recovers
staffing costs through fines and the
Rental Inspection Programs fees, as
applicable. Additionally, the
responsibility of enforcement will
not be fully on city staff as many of
these uses requiring licensing and
oversite from State departments.
Furthermore, the cost of inaction is
greater. A study3 conducted in Santa
Clara County found that the County
spent $62,473 annually providing
services to each unhoused
3 https://osh.sccgov.org/continuum-care/reports-and-publications/cost-homelessness-silicon-valley Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
individual. Once an individual was
placed into housing, the cost
decreased to $42,706 annually.
39 PC General I don’t believe an Administrative Use
Permit is appropriate for the Safe Parking
use. I would prefer Planning Commission or
City Council approval.
City Council was supportive of
allowing Safe Parking with an AUP.
See Comments #53, 59 and 82.
40 PC General I am concerned about the revenue losses
that will occur if we allow hotels to convert
to SROs.
In Fiscal Year 2025 (FY25), the City
of Hayward projects $3,125 in
revenue from the Transit Occupancy
Tax which is 0.7% of City’s total
revenue4. Therefore, it is unlikely
that the conversion of hotels into
SROs will result in meaningful losses
in revenue.
41 PC General Besides my previous comments (See
Comments # 38-41), I am supportive of all
the other regulations.
Acknowledged.
42 PC General In general, I am supportive of the draft regulations. However, I would like to see
some flexibility added to allow for
modification of these regulations in the
future.
All regulations can be modified with
City Council approval if needed and
to ensure consistency with State
Law.
43 PC General Has there been any consideration to
converting St. Regis?
In December 2022, Bay Area
Community Services (BACS)
acquired the St. Regis property to
convert it to a multi-service campus
that will include interim housing,
permanent housing, supportive
housing, a health clinic and a
substance use treatment center. The
4 https://www.hayward-ca.gov/your-government/documents/budget-documents Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
state-funded facility is expected to
open at the end of 2025.
45 PC General Who is going to pay for these
developments?
This project does not include the
construction of any facilities. These
uses and developments will be
proposed and funded by applicants
and may include federal, state, local
or private funding.
46 PC General The regulations are complicated, and all the uses are so different. Is there any way we
considered each of the uses separately?
No. The City of Hayward is required
to adopted regulations to address
Housing Element Actions 13.1, 13.3,
13.4, 13.5, 13.6, 12.7 and 19.11 by
January 31, 2025.
If the City of Hayward fails to do so,
our Housing Element will be out of
compliance. This would leave the
City susceptible to builder’s remedy
applications and potential lawsuits.
47 Public General Why were the five community meetings in May private?
These meeting were not private.
Interested parties were invited to
attend.
48 Public General Will these facilities be built and funded by the cities? If it is a city-project, how will it
be funded?
See Comment #45.
49 Public General I don’t believe the State has the right to mandate these things. I believe we should
speak with the City Attorney about fighting
this mandate. High density and low-income
housing are ruining this City.
See Comment #49.
50 Public General I think we should remove parking
requirements for SROs near public-transit
In accordance with HMC Section 10-
2.420 (b), no parking requirements
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
facilities. I also think we should include bike
parking requirements for SROs. I think high
density housing makes our City more
efficient, reduces costs and more
sustainability.
will be enforced for any
development, including SROs, within
a half mile of a major transit stop.
Bicycle parking requirements were
added for SROs in HMC Section 10-
1.2736(e)(3)(h).
51 CC 10-1.2736(e) Why was the High-Density Residential zoning district selected for SROs? Could we
consider allowing SROs in the Medium-
Density Residential or Low-Density
Residential zoning districts?
SROs have similar form to
apartment buildings which are
permitted within the High-Density
Residential zone. Furthermore, the
High-Density Residential zoned
properties typically are close to
commercial development, transit
and open space which will be
beneficial to residents of an SRO.
Staff does not believe the typical
scale or intensity of SROs would be
appropriate in the Medium Density
Residential or Low-Density
Residential zoning districts.
However, these districts allow for
Group Homes which can operate
similarly to an SROs but in a smaller,
more appropriate form.
52 CC General Are there other zoning districts along W Jackson Steet, Harder Road, Industrial
Parkway, Tennyson Road to allow these
uses?
Some of the proposed uses will be
allowed along these major
throughfares. For example,
Psychiatric and Rehabilitation
Facilities will be permitted in some
properties along W. Jackson Street
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
and Industrial Parkway. SROs will be
permitted on some properties on
Harder Road, W. Jackson Street and
Tennyson Road.
However, these areas are not
appropriate for all the uses since
they are not as transit rich as
Mission Boulevard or Downtown.
53 CC General I am supportive of the recommendations
including allowing hotels convert to SROs.
The City spends tax dollars responding to
the homelessness crisis and loses revenue
when individuals are on the street. I think
they will be immense savings from getting
individuals housed.
Acknowledged.
54 CC General We need to do something to address the
homelessness crisis. We cannot do nothing.
One way to address this crisis is to allow for
these uses.
Acknowledged.
55 CC General I would like to keep the SRO regulation as written. I do not want to allow this use in
the Medium-Density Residential or Low-
Density Residential zoning districts.
Acknowledged. Staff will not allow
SROs in Medium-Density Residential
or Low-Density Residential zoning
districts.
56 CC General If a problem arises with an Administratively Permitted Use, what can we do?
The community can report problems
through Access Hayward. City Staff
will enforce all applicable conditions
of approval. If nuisances remain,
Staff can revoke an AUP and require
the use to cease immediately.
57 CC General I am a bit concerned about allowing up to 8 residents by-right in a Licensed Group
Home. Will this depend on the size of the
The home will be required to meet
all applicable requirements in the
California Building Code and
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
home? Will neighbors get the opportunity
to comment on a new group home?
licensing requirements from the
Department of Social Services.
With the exception of all Small
Licensed Group Homes and Small
Unlicensed Group Homes, the
neighbors will be notified and given
the opportunity to comment on a
new Group Home.
58 CC General How can the community be proactive and
involved with projects before they are
approved?
Community members can reach out
to the Planning Division at
[email protected]
to be added to the interested parties
mailing list to be notified of all new
discretionary projects within the
City of Hayward.
59 CC General I like all the recommendations. I support the zoning amendments.
Acknowledged.
60 CC General Have any tiny homes been constructed? City Staff has reviewed and approved a couple tiny home
developments. However, only one
project has been constructed.
61 CC General Have we spoked to any other jurisdictions about converting hotels to SROs?
Many California jurisdiction have
been allowing this. For example,
Sacramento allowed the conversion
of Hotel Berry into 712 SROs unit in
2012. Los Angeles allowed the
conversion of the Rosslyn into 264
SRO units for the homeless, with 93
set aside for those with mental
illness and 74 for homeless veterans.
Many jurisdictions including San
Diego, San Fransisco and Oakland
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
have passed regulations to ensure
SROs are protected from be
converted to other uses.
62 CC General Do we know how many hotels would want
to convert to an SROs?
No. However, it is likely only older
hotels would take advantage of this
allowance since they tend to be less
competitive with newer hotels.
63 CC General Would trailers or campers be allowed as
part of the Safe Parking use?
Yes, recreational vehicles and
trailers will be allowed in Safe
Parking facilities. However, as
proposed, no hook-up will be
permitted.
64 CC General How we going to address the issue of
unhoused that are not interested in
housing?
This is outside the scope of this
project.
65 CC General How could we raise revenue to counteract the potential loss in Transit Occupancy Tax
if hotels convert to SROs?
See Comment #40. City Staff is
currently working on some
commercial zoning updates which
will likely promote economic growth
within Hayward.
66 CC General There are several new hotels being
constructed in the City. My understanding is
the regulation allowing hotels to convert to
SROs are aimed at older hotels and motels.
Could a hotel or motel be partially
converted in an SRO?
That assumption is correct. Yes, a
hotel or motel could be partially
converted to an SRO.
67 CC General For the Room Key program, was the hotel
still open and operational? Or were all the
rooms used for the program?
Room Key was a state-sponsored
program implemented in response
to the COVID-19 pandemic. The
State and County leased motel
rooms for unhoused individuals to
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
reduce exposure risk. The Room Key
program is no longer in operation.
68 CC General The Public may not be tracking the notices.
I believe there needs to be a more robust
outreach process for Administrative Use
Permits.
This is outside the scope of this
project as noticing requirements are
set by State Law and the Municipal
Code. At City Council’s direction,
Staff can reevaluate its noticing
requirements.
69 CC General Has there been any engagement or
response to the issues occurring at the
Depot Road project? Who is managing the
Depot Road project?
The Depot Road project is an
affordable housing development,
managed by the John Stewart
Company. Issues can be referred to
Code Enforcement or Hayward
Police, as appropriate.
70 CC General Staff should compel service providers and members of the public to attend Public
Hearings for this project.
See Comment #37
71 CC General Can we have an update on the Foothill
Action Plan? We have been having issues on
Mission and in Downtown. I am worried we
are not ready for these zone changes.
An update on the Foothill Action
Plan will be provided to City Council
soon. The Foothill Action Plan is not
a planning-related project. There is
no zone changes proposed as part of
this project.
72 CC General How has the County been involved in this project? How do they manage their
facilities? How often do they inspect their
facilities? I don’t believe they have a great
track record. I would like them to identify a
point- person to address our concerns.
City Staff shared draft amendments
with County Staff, and they did not
provide comments. County
management and facility inspections
is outside the scope of this project.
This comment has been referred to
the City’s Manager Office.
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
73 CC General What does management look like for a Safe Parking operation? What happens if
problems arise?
The management of the Safe Parking
facility will have to be clearly
described within a Management
Plan. The Management Plan will
have to explain the operation, rules
and safety measures. This plan will
be reviewed by City Staff.
The community can report problems
to Code Enforcement through Access
Hayward. City Staff will enforce all
applicable conditions of approval. If
nuisances remain, Staff can revoke
an AUP and require the use to cease
immediately.
74 CC General I would like to add a point system to
encourage mixed-use development for
SROs and Shelters.
Staff does not recommend adding
additional requirements for SROs
because it will increase development
costs. Furthermore, SROs are
proposed to be located in
predominately mixed-uses area with
commercial and open space
development.
In accordance with Government
Code Section 65583, the City is not
allowed to require amenities or
mixed-uses for shelters.
75 CC General I was wondering if we could explore
allowing pump out services for Safe Parking
uses.
This is not explicitly prohibited
within the regulations. It can be
elevated on a case-by-case basis
through the AUP process.
76 CC General The proposed regulations require Safe
Parking on paved surfaces. Why is this a
This is a standard requirement that
all parking lots be paved with Class
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
requirement? Is there a less expensive
surface we could require?
B, Portland Cement Concrete, or a
minimum 3 inches of asphaltic
concrete over a minimum of 4
inches of aggregate base or
comparable all-weather and dustless
material. There is less expensive
surface that could be required.
77 CC General I would like to see bike parking promoted in all these uses.
Cal Green will require bicycle
parking for many of the proposed
uses. However, the Cal Green
requirements may not be applicable
to hotels converting to SROS.
Therefore, staff added bicycle
parking requirements for SROs in
HMC Section 10-1.2736(e)(3)(h).
78 CC General I like the 5pm to 10am hours of operation for Safe Parking uses. I think this aligns
with community feedback.
Acknowledged.
79 CC General I appreciate these regulations. This will give the City a lot of tools to help solve the
housing and homelessness crisis. SROs are
proven models that help quickly house
individuals.
Acknowledged.
80 CC General Do the restrooms need to be permanent for Safe Parking uses?
See Comment # 29
81 CC General What are your thoughts on requiring
security measures for Safe Parking?
Security measures for Safe Parking
operations will need to be identified
within the Management Plan. Some
examples are lighting, security
cameras, and security guards.
82 CC General The more regulations we require the more
we disincentive these types of
Acknowledged.
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
developments. For this reason, I am
supportive of allowing these uses with an
Administrative Use Permit.
83 CC General How will these regulations be
implemented? Will service providers be
engaged?
Staff is planning to host workshops
with service providers following
adoption of the new regulations.
84 CC General How will we hold operators accountable to avoid service degradation?
For uses that require Use Permits,
staff crafts strict conditions of
approval to minimize nuisances and
ensure high quality services. For city
funded services, staff conducts
regular contract monitoring to
ensure high-quality services are
being provided.
85 CC General This project is focused on zoning and the law side of housing. This project will create
tools to help address this crisis. The
regulations demonstrate the City’s
compassion toward vulnerable community
members.
Acknowledged.
86 CC General I want to be sure we have accountability and high standards as we are allowing for
these uses.
Acknowledged. Staff believes the
proposed regulations reflect these
sentiments.
87 CC Safe Parking Why do Safe parking sites have operating hours set by the City rather than the facility
owner? While the 5pm-10am hours are
very generous compared to the 10pm-5am
some facilities enforce, it discourages being
used by those that might need it most,
favoring those with operating vehicles and
the means to operate them (gas, insurance,
tags, a driver license, etc.). It also means
those folks are pushed back onto the streets
Staff proposed operational hours to
minimize nuisances and ensure the
site can still accommodate its
daytime users. The operational
hours ensure that vehicles are
consistently moving off site and
remain operable to avoid the
cumulation of broken-down
cars/waste on-site. Most of the sites
where this use would be allowed are
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
to find a place to park until they can return
at night, perhaps subject to parking fines,
fixit tickets, break downs, etc.
embedded within existing
neighborhoods and currently
operate other uses during the day
(i.e. faith-based organization, school,
non-profit). The operational hours
ensure that those uses still have
adequate parking. Please note the
regulations as currently drafted
allow the Planning Director to
authorize different operational
hours through the Use Permit
process (HMC Section 10-1.2736
(d)(4)(g). Therefore, if a property
owner/facility operator wanted
different hours, it would be easy to
request and staff could evaluate on a
case-by-case basis.
88 CC Safe Parking Who is responsible if a vehicle becomes permanently or temporarily inoperable at a
Safe parking site? The property
owner/facility operator? Are we expecting
HPD to enforce having vehicles leave?
The property owner/facility
operator will be responsible if a
vehicle becomes inoperable.
If the property owner/facility
operator is not following the
regulations, Code Enforcement will
be responsible for enforcement, not
HPD.
89 CC Safe Parking Why not let the site operator set the hours and duration of stay (perhaps subject to
case management)? And let them decide
how to enforce parking rules as apartment
complexes do? If we do these things, would
our ordinance also need to specify that Safe
See Comment #87. There is no limit
on total duration of enrollment for
individuals in a safe parking
operation. The property
owner/facility operator could set a
limit if they desired.
Staff’s Response to Public Comments Received ATTACHMENT V Between September 10, 2024, and December 15, 2024
parking sites are exempt from rental
housing and eviction laws?
The regulations do not need to
specify that safe parking operations
are exempt from rental
housing/eviction laws because they
are not considered dwelling units.
Only dwelling units are subject to
those regulations.