Chapter 19.66 — SAFE PARKING SITE

• (a) Findings. The city council finds that the number of households without permanent shelter and dwelling in vehicles parked in thoroughfares has grown throughout the city and that the lack of stable, affordable housing in the area has greatly contributed to this growth. For the health, safety, and welfare of the community, the city is identifying and implementing short- and long-term solutions to support unhoused households and they pursue stable housing opportunities. A safe parking program will offer authorized, off-street parking spots, toilets, and supportive services for individuals and households dwelling in their vehicles. The program represents a short-term solution to homelessness.

• (b) Purpose. The provisions contained in this chapter create a Safe Parking Program in certain zoning districts in the city subject to specific performance standards and permit requirements. These standards and requirements are intended to ensure that safe parking sites will be compatible with surrounding uses while effectively garnering unhoused participation and transition into permanent housing solutions.

• (Ord. 3233-24, 11/19/2024)

• (a) Safe parking may be allowed as a primary use in the following zoning districts, subject to the approval of a miscellaneous plan permit or use permit: C-4, MP-O2, M-S, M-3, PPSPIE, PPSP-MIC.

• (b) Safe parking may be allowed as an ancillary use to a place of assembly — community serving use in any zoning district.

• (c) The city council may approve a Safe Parking Program on publicly owned property subject to the recommendation of the planning commission and approval by the city council.

• (d) Safe parking sites are prohibited on all other sites in the city.

• (e) Permit approval is required prior to the establishment and operation of a safe parking site. Permit approval is conditioned upon consistency with this chapter.

• (f) A miscellaneous plan permit is required prior to hosting a safe parking site — small which is subject to review and approval of the director of community development pursuant to Section 19.98.040. A use permit is required prior to hosting a safe parking site — large, which is subject to review and approval by the planning commission. Any physical modification or expansion of facilities shall require a separate permit. A modification from safe parking site — Small to safe parking site — Large requires a use permit.

• (g) Term. A permit issued pursuant to this chapter shall be valid for a term of one year from the date of issuance, and, unless suspended or revoked, must be renewed by the Safe Parking Program operator so long as the safe parking site is in operation. Renewal permits may be subsequently approved by the director of community development for up to two years.

• (h) Suspension or Revocation. The approval of a Safe Parking Program may be suspended,

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City of Sunnyvale, CA § 19.66.020

SUNNYVALE CODE

§ 19.66.030

revoked or modified by the director of community development as follows:

• (1) Notice and Hearing. Notice shall be mailed to the Safe Parking Program operator and property owner at the address specified in the application. The notice shall specify the reason for the revocation and shall designate a time and place of an administrative hearing with the director of community development no sooner than the sixth business day following the mailing date of the notice. The Safe Parking Program operator shall be given the opportunity to provide written and oral evidence at the hearing. Failure to appear at the hearing shall constitute a waiver of any objections to the proposed action.

• (2) Following the hearing, the director of community development may revoke, suspend, or modify the approval if the director can make one or more of the following findings:

  • (A) The approval was obtained by fraud;

  • (B) The Safe Parking Program has been or is being conducted in violation of this code or other applicable law;

  • (C) The conditions of approval have been or are being violated;

  • (D) The Safe Parking Program constitutes a public nuisance.

• (3) Notice of Decision. A written notice of the director's decision shall be prepared and mailed to the Safe Parking Program site address as specified in the application. If the approval is revoked, the notice shall contain a statement directing the Safe Parking Program operator to immediately cease using the property for a Safe Parking Program, and that failure to cease such use may be subject to further legal action or enforcement.

• (4) The decision of the director of community development is final. The decision may be appealed to Superior Court.

(5) A Safe Parking Program in operation without approval is not subject to this section. (Ord. 3233-24, 11/19/2024)

• (a) An application for a safe parking site shall be submitted and include all of the following:

  • (1) A site plan showing:

    • (A) The parking spaces designated for the proposed safe parking sites;

    • (B) Setbacks to all adjacent buildings, properties, and residential uses;

    • (C) Location of exterior light fixtures, including proposed exterior lighting;

    • (D) Locations of ingress and egress to the site.

  • (2) A procedure for emergency evacuation.

  • (3) A site management and operations plan as described in Section 19.66.040.

• (b) All safe parking sites are required to provide all of the following:

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City of Sunnyvale, CA § 19.66.030

ZONING

§ 19.66.060

• (1) One toilet and one handwashing facility per 20 participants, which may be adjusted with program participation enrollment;

• (2) Trash and recycling service, with service and bins sufficient for the needs of the proposed Safe Parking Program as determined by the department of environmental services;

• (3) Access to potable water; and

• (4) If RV parking is proposed, parking for passenger vehicle(s) accessory to an RV.

• (c) Setbacks. All vehicles shall be located at least 10 feet from any building or structure located on the property.

• (d) Buffer from Residential Use. All vehicles shall maintain a minimum buffer of 50 feet from any property line of a lot that contains an existing residential use.

• (Ord. 3233-24, 11/19/2024)

As part of its application, the Safe Parking Program operator shall provide a site management and operations plan describing the proposed functions of the site, including:

• (a) A list of other uses conducted on the site, the hours of operation of other uses, and the proposed hours of operation for the Safe Parking Program. Such information must demonstrate that the safe parking site will not conflict with a primary use;

• (b) The number of parking spaces allocated to the proposed Safe Parking Program, types of vehicles permitted in the program, and the days and hours the spaces will be allocated to the proposed Safe Parking Program;

• (c) A description of project management, including procedures for site monitoring, participant screening, the proposed facilities and services to be offered, and an emergency contact who is available 24 hours per day;

• (d) A description of how waste disposal, including graywater, blackwater, trash, and recycling, is proposed to be managed by the Safe Parking Program operator.

• (Ord. 3233-24, 11/19/2024)

City staff shall inspect the proposed safe parking site prior to operation to ensure compliance with safe parking performance standards in accordance with Section 19.66.070 and all application materials submitted. The site is also subject to periodic site inspections during regular business hours to confirm consistency with permit requirements. Staff shall inspect safe parking sites prior to the issuance of a renewal permit.

(Ord. 3233-24, 11/19/2024)

The community development director may approve a rotational program that would provide safe parking to the same group of individuals, however the program would rotate between several approved sites.

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City of Sunnyvale, CA

SUNNYVALE CODE

§ 19.66.060

§ 19.66.070

• (Ord. 3233-24, 11/19/2024)

The Safe Parking Program operator shall demonstrate compliance with all of the following performance standards:

• (a) Safe parking sites may be operated as a primary use or as an ancillary use to an existing facility.

• (b) Safe parking sites shall have a site management and operations plan subject to review and approval by the director of community development.

• (c) Hours of Operation. The hours of operation for the safe parking site shall be reviewed and approved by the director of community development and subject to the limitations as designated in the site permit. The director of community development may approve hours of operation up to 24 hours per day.

• (d) Supportive Services. Supportive services must be a component of all permit applications and available to all Safe Parking Program participants.

• (e) Vehicles Permitted. Only passenger vehicles, recreational vehicles, and oversized vehicles that have received approval from the Safe Parking Program operator may participate in the Safe Parking Program at the safe parking site. Participant vehicles must be moveable, functioning, and not leaking sewage or other fluids.

• (f) Clearance Between Vehicles. The safe parking site shall maintain at least eight feet between vehicles and at least 16 feet between a recreational vehicle, truck, or cab-over camper and other vehicle. Exceptions may be granted for passenger vehicles and recreational vehicles that belong to the same owner.

• (g) Fire extinguishers of sufficient capacity shall be provided by the Safe Parking Program operator for community use and located within 75 feet of each vehicle. The Safe Parking Program operator shall submit fire extinguishers to be reinspected regularly.

• (h) Circulation. Parked vehicles shall not obstruct drive aisles or otherwise interfere with established and approved circulation patterns on site. The safe parking site shall maintain adequate emergency vehicle access, access to fire hydrants and fire protection systems, and be subject to periodic reinspection by the department of public safety.

• (i) The Safe Parking Program shall not result in a deficiency in the minimum required parking for a primary use.

• (j) Noise. Safe parking sites shall observe nighttime hours between 10:00 P.M. and 7:00 A.M. where operational noise shall not exceed 50 dBA at any point on the property line of an adjacent residential use, or 60 dBA during daytime hours. For nonresidental adjacent uses, noise shall not exceed 60 dBA during nighttime hours and 70 dBA during daytime hours. Noise shall be measured from any point on the adjacent property line.

• (k) Portable generators shall be at least five feet from any building and a minimum of 50 feet from the property line of an adjacent residential use. Generators shall only be used on a paved surface. Generators are not permitted during nighttime hours between 10:00 P.M. and 7:00 A.M.

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City of Sunnyvale, CA § 19.66.070

ZONING

§ 19.66.070

• (l) Posting. The site shall be posted with the address and phone number for a representative of the site. The posting shall be in a visible location within three feet of the sidewalk, constructed of durable material and weather-proof.

• (m) Exterior Storage Prohibited. Outdoor storage of personal property, including tents, tarps, temporary outdoor shelters, and belongings at, near, or around parked vehicles including freestanding or affixed structures, shall be prohibited.

• (n) Fire Prohibited. Fires, heaters, barbeque grills, and any other open flame outdoor cooking or warming appliance shall be prohibited.

• (o) Any site used as a safe parking site, including public access and parking areas shall be maintained in a safe and clean condition, and in compliance with an approved site management plan.

• (Ord. 3233-24, 11/19/2024)

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City of Sunnyvale, CA