Say No to the Nighttime RV Ban at the Coastal Commission Hearing

To call during the meeting only for input to the Coastal Commission:
(415) 407-3211.

The full agenda packet for my appeal can be found at http://www.coastal.ca.gov/mtgcurr.html under Central Coast District, item 16e.

Only those who spoke or wrote to City Council around the anti-RV ordinance previously will be allowed to speak unless the Commission decides that a "substantial issue" is involved.

TEXT OF MY APPEAL

HUFF (Homeless United for Friendship & Freedom) opposes the proposed ban on RV parking city-wide during the nighttime hours of midnight to 5 AM. We believe it violates the City LDC as well as being part of a broader unstated anti-homeless policy of eliminating visible poverty from public areas without respecting the rights of the entire community to have access to those areas.

It limits public access unnecessarily to the Coastal Zone.

It discriminates against poor people (and indeed anyone) who live in or drive RV's by denying them coastal access.

It puts a particular burden on those whose only affordable housing is a vehicle by making it illegal to park them at night.

It discriminates against those who DO NOT own or rent property in Santa Cruz by denying them a permit process.

It was done with no determination of its impact on those living in their vehicles in the City and threatens their health and safety.

It is especially cruel and abusive considering the acknowledged shelter crisis.

The Zoning Administrator’s claim in his June 1st report (p.3) that parking/camping areas are available nearby ignores the inaccessibility of these areas to extremely low-income folks, just the kind of people who habitate RV’s and need legal places to park during the banned hours.

The citing of 4 incidents of illegal discharge within 2 years does not justify the wholesale exclusion of all RV vehicles. The vague claims of “criminal and illegal activities” is without specific documentation.

The 400 notices of illegal RV parking in a year is not understood in context with the broader number of illegal parking for vehicles generally. Nor is it clear what the nature and significance of these notices are except to cast a shadow of suspicion on those who live in RV’s.

Finding 3 on p. 6 of the Zoning Administrator’s report is similarly vague, containing no record of citations, arrests, or convictions for the “littering, bicycle theft, private water pirating, gasoline theft, wastewater leaking, and drug activity”.

Contrary to finding 4 (p. 7), the parking restricts specifically limit RV access to the beach for poor people in RV’s. “Bona fide recreational access to the beach”—if you consider that applies to everyone, not just to those with money is clearly affected and restricted. Contrary to finding
#12 (p. 8) the project sacrifices free access to or along the beach and removes entirely free and accessible parking for RV’s.

Nor has any study been done regarding the impact of this ordinance on those whose only housing is a vehicle in a city with shelter for less than 5% of its homeless community.

It does include NOT a provision for Safe Parking spaces at night, such as Santa Barbara provides, that might provide a refuge or safety valve for those banned at night.

It prejudices the right to travel, by eliminating the right to park an RV in Santa Cruz for those visiting.

It was passed without meaningful police documentation of the alleged problems justifying the unusual exclusionary policy.

It is being done without a procedure for consulting the neighborhoods involved as is the accepted practice for requiring permits to park in other cities (as well as in Santa Cruz for vehicles generally).

The oversized vehicle restriping law passed last year provides overly broad authority to the traffic engineer to expand the zone in which parking spaces for larger vehicles can be completely eliminated without recourse to public comment or public vote. This particularly impacts homeless folks who live in such vehicles, and specifically in Coastal zones where it can be expanded by traffic engineer action.

The LCP acknowledges (p. 9) that a basic goal of the Coastal Act is to “maximize access to the coast for people of all income ranges…” (my emphasis). Similar item #10 on p. 11 on ‘distributing public and private recreational opportunities, visitor accommodations and support facilities in a manner which ensures public access, [and] equality of coastal recreation…”

We feel this law should be sent back to the appropriate Commission or City Council committee for more public input with the individuals seriously affected (poor people who live in their vans, homeless service providers, tourists who visit the city) and to more closely consider its consistency with the City’s LCP.

We feel specific documentation on the abuses real and alleged that supposedly motivate this law rather than the anecdotal stories presented are necessary to fairly and full consider the issue. We suggest specific remedies other than total ban are appropriate. The current law is an overly broad approach that hurts poor and homeless people particularly. And shames our community generally.


SPECIFIC WORDING OF THE LAW

10.40.120 No person shall stop, stand or leave standing any oversized vehicle on any public
highway, street or city parking lot between the hours of 12:00 a.m. to 5:00 a.m. unless otherwise
authorized under Municipal Code Chapter 10.40.120.

DEFINITION OF OVERSIZED VEHICLE [MC 10.04.106]
“Oversized vehicle” shall mean any motorized vehicle as defined of Section 670 of the Vehicle Code or combination of motorized vehicles and/or non-motorized vehicles or trailers that meets or exceeds twenty-two feet in length at any time or a combination of the two following criteria, exclusive of fixtures, accessories or property: seven feet in height and seven feet in width.
(a) To determine the height, width or length of the vehicles defined in this section, any extension to the vehicle caused by mirrors, air conditioners, or similar attachments as allowed by Section 35109, 35110 or 35111 of the Vehicle Code as may be amended shall not be included.
(b) Oversized vehicle does not include pickup trucks, vans, or sport utility vehicles, which are less than twenty-five feet in length and eight feet in height.”

ADDITIONAL PROVISIONS: City Council Staff was directed "to proceed with the Coastal Development Permit process with a no parking rule from 12:00 a.m. – 5 a.m.; and report back 3 months after the ordinance goes into effect with some options for additional measures in the ordinance that could possibly expand the hours, as well as a permitting option for RV parking."


HEARING PROCEDURES AT THE COASTAL COMMISSION:
"New appeals undergo a two-step process before the Commission, known as the 'substantial issue' phase and the 'de novo' phase. At the 'substantial issue' phase, section 30625(b) of the Coastal Act requires the Commission to hear an appeal unless the Commission determines that no substantial issue is raised by the appeal.

If at least three Commissioners request to take public testimony at the substantial issue phase of the appeal prior to determining whether or not to hear an appeal, the only persons qualified to testify orally before the Commission are the applicants, persons who opposed the application before the local government (or their representatives), and the local government. Testimony from other persons must be submitted in writing."

The appeal, in my view, is unlikely to get past the "substantial issue" phase, since Coastal staff, huddling with the City staff, has already found "no substantial issue" and its recommendation to defeat the appeal is being forwarded to the Commission. I am told the Commission rarely goes against the recommendations of its staff.

However, there seemed to be some confusion among the staff. One staffer was unaware that the law allows nighttime parking permits only to those who rent or own and not to unhoused people, van dwellers, and tourists unless local housed residents made application. Another knew about the exclusion of homeless from permits and apparently didn't think its exclusion of those folks was significant.

WHY GO?
To support those who are impacted by the "RV's Begone!" law, those fighting gentrification and thinly disguised anti-homeless laws generally. This battle is likely lost (though you never can tell), but the struggle will continue. It may be a chance to meet and exchange contact information with folks living in RV's or supporting those who do.

The fact remains that in Santa Cruz, affordable housing for the poor is often a vehicle. Banning nighttime RV parking is the yet another step in the continuing criminalizing process. For those who were (foolishly) hoping for real alternatives in the Presidential election, there are real struggles to be fought locally on a day-to-day basis that matter. Getting together with others may make that more likely.

Commission Phone Number before the hearing: 831-427-4863
Commission Phone Number during the hearing: 415-407-3211