DATE: April 11, 2023
SUBJECT:
Title
CONDUCT A PUBLIC HEARING AND ADOPT AN ORDINANCE FINDING THE BOARD ACTION EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING, BUT NOT LIMITED TO, CEQA GUIDELINES SECTIONS 15301 AND 15311 AND AMENDING SAN DIEGO UNIFIED PORT DISTRICT (SDUPD) CODE ARTICLE 8, SECTION 8.09 - OVERSIZED VEHICLE PARKING REGULATIONS ON TIDELANDS AND SECTION 8.11 - VEHICLE PARKING REGULATED
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EXECUTIVE SUMMARY:
The proposed Ordinance will involve amending the current San Diego Unified Port District (SDUPD) Code Article 8, Section 8.09 to be - Oversized Vehicle Parking Regulations on Tidelands, from its current Shelter Island specific regulations, to include all parking areas on tidelands in all five (5) member cities, to modify, update and clarify the definition of an Oversized Vehicle and regulate locations they cannot park around San Diego Bay. And the amendments to SDUPD Code Section 8.11 - Vehicle Parking Regulated will update this section to include regulations that apply to all types of vehicles parking.
The goals of these amendments are as follows:
• Improve access to parking areas that are impacted by Oversized Vehicles;
• Improve and maintain health, safety, and environmental conditions.
• Open views to the bay that are impacted by Oversized Vehicles;
• Protect the landscaping of District parks;
• Increase the number of passenger vehicle spaces.
• Support tidelands tenants through improved turnover and access to parking.
The proposed regulations include reducing the number of current Oversized Vehicle Parking spaces on Shelter Island by removing the current 17 spaces within Shoreline Park and converting them to regular parking spaces, (leaving 10 Oversized Vehicle spaces on Shelter Island Drive), increasing the time periods on some streets on tidelands to regulate no overnight parking, stricter regulations for parking on tidelands on streets and in parks, and clarifying where and when vehicles with boat trailers can park at the three (3) boat launch areas on tidelands. If approved, new signs and some parking space stripes and markings will be installed to specify the new regulations in public parking areas on tidelands, which are currently impacted by the proliferation of Oversized Vehicles.
RECOMMENDATION:
Recommendation
Conduct a public hearing and adopt an Ordinance finding the Board action exempt under the California Environmental Quality Act (CEQA), including, but not limited to, CEQA guideline sections 15301 and 15311 and amending San Diego Unified Port District Code (SDUPD) Article 8, Section 8.09 - Oversized Vehicle Parking Regulations on Tidelands and Section 8.11 - Vehicle Parking Regulated
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FISCAL IMPACT:
Funds required for this effort are included in Guest Experiences FY 2023 forecast. Future fiscal years will be budgeted in the appropriate fiscal year, subject to Board approval upon adoption of each fiscal year’s budget.
Compass Strategic Goals:
This agenda item supports the below Strategic Goals to continue the protection of views of San Diego Bay, the protection of the landscaping of District parks, the cleanliness of District parking areas, and the promotion of turnover of parking and accessibility to San Diego Bay and tidelands.
• A Port that the public understands and trusts.
• A vibrant waterfront destination where residents and visitors converge.
• A Port with a healthy and sustainable bay and its environment.
• A Port that is a safe place to visit, work and play.
DISCUSSION:
Background
In February 2009, the Board approved the addition of San Diego Unified Port District (SDUPD) Code Section 8.09 regulating the parking of vehicles, Oversized Vehicles and trailers upon Shelter Island Drive from the 1400 block thereof to Anchorage Lane and in Shoreline Park in the absence of appropriate parking regulations needed to enforce Oversized Vehicles parking at Shelter Island. This new code section was created to address expressed concerns from District tenants and the community regarding oversized vehicles obstructing views to the bay and parking in spaces in both Shoreline Park and on Shelter Island Drive for long periods of time, thus not allowing visitors or patrons to park and frequent businesses and establishments. The adopted code section defined an Oversized Vehicle, designated oversized parking spaces, and prohibited any vehicle from parking on Shelter Island Drive, from the 1400 Block to Anchorage Lane, from 3:00 AM through 4:30 AM, seven days per week, to discourage extended parking and the storage of Oversized Vehicles and trailers. In 2008, the District retained Walker Parking Consultants to conduct a field analysis, review and recommend a parking layout with appropriate location of designated oversized parking spaces on Shelter Island. These actions were adopted to enhance accessibility to the area and maintain the trust and confidence of the public.
Impacts to the Access, Use, and Enjoyment of the Bay
Over the past several years, the popularity of finding bay front locations by Oversized Vehicles to park for extended periods, including overnight, increased, and expanded to all areas around tidelands. Although Shelter Island remains the most popular location, every member city is seeing this trend, and it is impacting accessibility, as well as health and safety issues due to District tidelands not having camping facilities, waste disposal locations and utilities that would normally be needed to support this type of use. Attachment C, shows the types of Oversized Vehicles currently parked along Shelter Island as well as at other locations, including Chula Vista Bayfront Park.
Outside of the District’s tenant, Sun Outdoors San Diego Bay RV resort in Chula Vista, which provides 196 Recreational Vehicle spaces with facilities (full hook-up sites that include electricity, water, grey water disposal, wastewater disposal and trash disposal), and 49 vacation rentals, all other tidelands parks and areas are equipped and designed only for visitation and not camping, overnight use or long term uses. Staff has received numerous public complaints to date regarding the disposal of human waste and trash in parks, on streets and in parking lots. The restroom facilities are often used for bathing that are not equipped with showers. Public complaints regarding the dumping of trash and waste have been on the increase.
These issues have increased the need for resources and maintenance beyond what normal park restrooms are equipped to provide. It is often the case that the District must utilize an on-call Environmental Hazardous Materials vendor to remove human waste that is dumped on tidelands. This service averages $800 to $1,000 per clean up. The community and District tenants report these issues, which result in special clean up measures that must be observed to protect the health and safety of District staff, vendors and the public.
Oversized Vehicle Conversions and New Market Trends
Since the District adopted SDUPD Code Section 8.09 in 2009, there have been many new developments within the recreational vehicle and Oversized Vehicle industry that warrant the District updating parking regulations as it pertains to Oversized Vehicles. A category of motorhomes known as Class B or sometimes commonly called “Van Camper” have increased in popularity. Recreational Vehicle retailer lots, once largely filled with the bigger traditional motorhomes, are now occupied by many smaller Class B motorhomes. Attachment D illustrates images of this type of Oversized Vehicle.
According to Recreational Vehicle Industry Association (RVIA) data, sales of traditional motorhomes declined 1.5% in 2022, while sales of Class B “Van Camper” increased by 23.1%. Additionally, according to the “RV Owner Demographic Profile” study conducted by “gorving.com” RV ownership is at a record high of 11.2 million owners in the United States: up 62% in the last 20 years. Also, RV ownership is continuing to grow in younger segments with the 18-34 age group now accounting for 22% of the overall industry.
Due to the growing popularity of the Class B “Van Camper”, internet communities and blogs have been developed to share information and tips regarding traveling logistics, traveling with pets, free campsites and where to park for free. One such website, divineontheroad.com says the following about San Diego:
“One of our favorite van cities in the country. With lots of “stealth” camping options, a ton of shower options ranging from every gym you can imagine to beach side cold showers, and the most beautiful lots to spend your day working in your van with the sounds of the ocean, San Diego is a must-visit in California. Below are some of our favorite spots in the city:
• Overnight Parking: Shelter Island, Mission Beach side streets, Rob Field
• Showers: Planet Fitness, Anytime Fitness, Center Beach Bathroom, Coronado
Community Center
• Places to Spend The Day: Fiesta Island, Mission Beach, Wind and Sea, Pacific
Beach, Balboa Park, Sunset Cliffs, La Jolla Cove
• Water Fill-Up/Dump Station: Sea World Dump Station, Mission Bay Potable Water
at Public Boat Ramp”
Due to an increased number of Class B “Van Campers” and other converted Oversized Vehicles, it is time for the District to update its parking regulations and signage as it relates to Oversized Vehicles. The updated regulations are designed to protect views of the bay, reduce required maintenance of the landscaping of District parks, ensure the cleanliness of District parking areas, and promote turnover and access within District parking areas.
As a first step, staff intends to install signage and stripes/markings in areas where the Oversized Vehicles issues are currently predominant. These are typically park or street locations where parking is free. Other areas will be assessed for the need to regulate Oversized Vehicle parking in phases, as needed. Currently, in some park areas, due to the requirement of payment for parking and time limits, the Oversized Vehicle parking issue is minimal.
As an alternative to utilizing tideland’s locations and parks, District staff identified eight (8) RV parks within a ten (10) mile radius with 1,594 spaces, and four (4) more within a fifteen (15) mile radius of Shelter Island with 787 spaces. Up to twenty-five (25) miles from tidelands, there are many more RV parks with camping and facilities needed to support the Oversized Vehicle users. Please see Attachment E for RV Park Locations near tidelands.
In addition, the City of San Diego operates a Safe Parking Program, see Attachment H, which provides parking options for those who live in their vehicles. Harbor Police and Community Service Officers currently provide the flyer attached to people as they monitor the parking areas and locate people who are looking for a place to live in their vehicles.
Member Cities and Agency Research
Staff researched coastal city regulations for Oversized Vehicle parking in California as well as our five (5) member cities. The District’s member cities all have existing regulations for Oversized Vehicle parking. The proposed regulations for the District tidelands have taken into consideration each member city’s current regulations for Oversized Vehicle parking with the intent to expand and clarify regulations for size, type and location they cannot be parked on tidelands. Since the District does not have residential areas within its jurisdiction, there will be no residential permits offered for loading and unloading Oversized Vehicles. Residential permits are the primary difference between the member cities and the District. A list with each of the member city’s current Oversized/Recreational Vehicle municipal codes are in Attachment F.
District staff surveyed 20 California cities and found that seven (7) are now including height and width limitations in addition to length limitations in defining an Oversized Vehicle. The height restrictions are in the seven to eight (7- 8) feet range and width on average is seven (7) feet. Accordingly, staff is recommending that the new definition of an Oversized Vehicle will be any vehicle that is:
• Greater than 20 feet long OR
• 7 feet in width OR
• 7.5 feet in height.
Stakeholder, Outreach, Public Engagement
From December 2022 through March of 2023, District staff with the assistance of Dixon Resources Unlimited (Julie Dixon), a parking management consultant, facilitated four tenant and public outreach meetings with the San Diego Working Waterfront Group, Port Tenants, community residents and Oversized Vehicles owners to gather input, feedback and provide context to help guide future solutions to strengthen the District’s Oversized Vehicle SDUPD Code Section 8.09 to ensure public access and safety for all waterfront users of Shelter Island, San Diego Bay and all other tidelands areas within our five member cities.
Port Tenant /Working Waterfront Group Meeting No.1 - Oversized Vehicle Ordinance and Time-Limit Parking on 12/15/2022 at The Bay Club Hotel & Marina on Shelter Island
The initial meeting with thirteen (13) Shelter Island tenants and the San Diego Working Waterfront Group was to discuss existing conditions, challenges, and future needs for parking issues related to Oversized Vehicles and time limited parking. The format of the meeting was a roundtable discussion moderated by Julie Dixon who asked tenants to provide solutions for what they would do it they had a “parking magic wand” and could solve their biggest problem. Each tenant representative discussed specific issues related to their property and what types of parking improvements they would like to see on Shelter Island, and all other tidelands areas. The overall concerns for Shelter Island shared in this meeting were the following:
• The increased number of Oversized Vehicles on Shelter Island
• Safety concerns for visitors walking the park and Shelter Island
• Trash and, concerns for human waste dumping
• Concerns for vandalism and an increase in vehicle break-ins
• The lack of tenant, employee, hotel guest and customer parking
• Overnight parking regulations, and an overnight ban of Oversized Vehicles
• Possible implementation of a tenant parking permit system
Port Tenant /Working Waterfront Group Meeting No. 2 - Oversized Vehicle Ordinance and Time-Limit Parking on 01/18/2023 at the Port Administration Building Training Room
This second meeting included seventeen (17) tenants from all areas of tidelands as well as Shelter Island. The meeting was similar to the first roundtable discussion in December and each tenant representative discussed specific issues related to their property and what types of parking improvements they would like to see along Shelter Island and all over tidelands. In addition to discussing specific issues, the group was asked again to provide solutions of what they would do if they had a “parking magic wand” and could solve their biggest problem. Some of the same concerns that were shared at the first Port Tenant meeting were reiterated along with the following:
• Issues with guests finding parking
• Some kind of trolley and tram service around Shelter Island
• Enforcement of Oversized Vehicles
• Business loading/unloading zones
• Solutions for long-term parking
• Boat launch ramp cleanliness
• Aggressive Pedicab drivers
• Privatized paid parking as a solution
Public Meeting No. 1 - Oversized Vehicle Ordinance and Time-Limit Parking on 02/01/2023 at the Port Administration Building Training Room
This initial public outreach meeting was attended by twenty-five (25) members of the public, tenants and Oversized Vehicle owners and was facilitated by staff and Julie Dixon to discuss regulation of Oversized Vehicles and other parking issues around the San Diego Bay. The format of the February 1st meeting was similar to the previous two roundtable tenant discussions, but expanded the audience to include the public, residents, and stakeholders beyond Shelter Island. This meeting was for staff and Julie Dixon to have informed, comprehensive information to make appropriate updates to the existing code section with the goal to future-proof parking issues along Shelter Island and all of tidelands related to Oversized Vehicles. Some of the prior concerns that were shared in first two meetings were reiterated along with the following:
• Possibly install parking meters and gates at the parking lots
• Disparity in enforcement
• Better control and regulation of the Oversized Vehicles
• Request to allow eight (8) oversized spaces at Marina Way Park in Chula Vista
• Concerns that the Port and Harbor Police target Recreational Vehicles (RV’s) legally parked in marked spaces
• Health and safety concerns at Shelter Island due to urban campers
• Recommendation of a special task force
• Incorporating time-limits
• No oversized overnight parking at Shelter Island
• Oversized Vehicles inhabiting a piece of prime waterfront property for free
• Complete banning of the Oversized Vehicles will displace the issue and push them to other areas
• An increased amount of regular vehicle habitation at Shelter Island
Port Tenant /Working Waterfront Group Meeting No. 3 - Oversized Vehicle Ordinance and Time-Limit Parking on 03/01/2023 via Teams Meeting
The final meeting with approximately eighteen (18) Shelter Island tenants and the San Diego Working Waterfront Group was to present the recommended code section updates that will apply to all of tidelands if approved. The following updates were shared: proposed new definition and sizing of Oversized Vehicles, back-in parking prohibition on all of tidelands allowing only head-in parking, prohibition of Oversized Vehicles at tidelands unless parked at Oversized designated spaces, and new time restrictions at Shelter Island. At the end of the meeting, the attendees were given the opportunity to comment and share any further concerns or comments. The Shelter Island tenants and the Working Waterfront Group expressed the need for staff to implement a permit program for tenant business purposes and were very supportive of all of the proposed code updates and appreciative of staff’s follow up meeting.
Public Meeting No. 2 - Oversized Vehicle Ordinance and Time-Limit Parking on 03/16/2023 at the Port Administration Building Board Room
This second public outreach meeting was attended by fifteen (15) members of the public, tenants, Point Loma residents, and Oversized Vehicle owners and was facilitated by staff and Julie Dixon. Julie presented to all in attendance the recommended code section updates and upcoming regulatory changes related to Oversized Vehicles. Once the presentation was done, she opened the meeting for any questions or comments and limited comments from speakers to two (2) minutes. Staff and Julie received commendations from a Point Loma resident in attendance for addressing the issue. Some of the prior comments that were shared in first public meeting were reiterated along with the following:
• Continued concerns from Shelter Island walkers regarding generators and fumes from Oversized Vehicles that are backed in along Shoreline Park
• Parking for Shelter Island tenants that own an Oversized Vehicle
• Plead to not add more parking meters on Shelter Island
• Suggestion to put time limitations on parking along Shelter Island and charging a nominal fee
• Request to continue to work on solutions for those Oversized Vehicle parkers displacement
• Health and safety concerns at Shelter Island due to urban campers and Oversized Vehicles
• Consider other tideland locations to accommodate more Oversized Vehicle designated spaces
As mentioned before, staff shared with the attendees of the meeting and the public an email address set up for those who could not attend the meetings and wished to provide their comments or concerns. Staff received twenty-seven (27) emails: eighteen (18) emails supporting stricter enforcement for Oversized Vehicle parking on tidelands, and nine (9) against the new proposed regulations, Attachment G, contains all of the public comment emails staff received as of March 20, 2023. One email and one letter received are asking for leniency to continue to park Oversized Vehicles on Shelter Island and at Chula Vista Marina area. Each email provides their specific concerns, which are very similar to what has been expressed in previous outreach meetings, along with requests to make changes to improve the public environment of District parks and parking areas to curb the “camping” of Oversized Vehicles.
Recommendation
Below are the proposed recommendations detailed in SDUPD Code Section 8.09 and 8.11 and those changes that will be done administratively. Attachment A and Attachment B, contain the redline version and clean version of the code sections.
SDUPD Code Section 8.09 Revisions:
• Updating the definition/sizing of Oversized Vehicles, as defined in California Vehicle Code (CVC), and the expansion of regulations from Shelter Island to all of tidelands, while taking into consideration the existing municipal codes for the District’s five member cities.
• Prohibiting Oversized Vehicles over Twenty (20) feet in length, OR Seven (7) feet in width, OR Seven and One-Half (7.5) feet in height from standing, stopping or parking on tidelands where posted. Exceptions will be for 1) Commercial vehicles in connection with construction, maintenance, and the performance of a service to or on a property on tidelands or a tenant business on tidelands and/or 2) In designated Oversized Vehicle parking spaces.
• Remove the 3:00 AM - 4:30 AM “No Parking” time limit for Shelter Island within the code and leave time undefined to adjust administratively.
SDUPD Code Section 8.11 Revisions:
• Addition of regulation of “Head-in Parking Only” as a parking requirement on all of tidelands, unless otherwise posted. This regulation assists with enforcement as well as protects landscaping and sidewalk areas from vehicles extending beyond the space.
• Clarification of regulation of vehicles with boat trailers attached for the three (3) boat launch ramp parking lots (Shelter Island, Pepper Park, and Chula Vista).
Administrative changes (No Board Approval Required):
• Reducing the number of current Oversized Vehicle parking spaces on Shelter Island by removing the current 17 spaces within Shoreline Park and converting them to regular parking spaces and leaving in place the ten (10) designated Oversized Vehicle parking spaces on Shelter Island Drive.
• Reduction of red curb on Shelter Island Drive to gain additional vehicle parking and loading zones for adjacent tenants.
• No parking allowed from 1:00 AM - 5:00 AM on Shelter Island Drive from the 1400 block thereof to Anchorage Lane including Anchorage Lane the parking lots adjacent to Anchorage Lane and Canon Street.
CONCLUSION
Based on analysis and information above, staff recommends the Board conduct a public hearing and adopt an Ordinance finding the Board action exempt under the California Environmental Quality Act (CEQA), including, but not limited to, CEQA guideline sections 15301 and 15311 and amending San Diego Unified Port District Code (SDUPD) Article 8, Section 8.09 - Oversized Vehicle Parking Regulations on Tidelands and Section 8.11 - Vehicle Parking Regulated.
General Counsel’s Comments:
The Office of the General Counsel has reviewed and approved this agenda and the proposed ordinance, as presented, as to form and legality.
Environmental Review:
The proposed Board actions, including without limitation, to conduct a public hearing and adopt an ordinance amending San Diego Unified Port District Code Article 8, Section 8.09 - Oversized Vehicle Parking Regulations on Tidelands and Section 8.11 - Vehicle Parking Regulated, are Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15301 (Existing Facilities) and 15311 (Accessory Structures), and/or Sections 3.a.(8) and 3.i.(3) of the District’s Guidelines for Compliance with CEQA because the project would consist of amending the San Diego Unified Port District Code Article 8 that would involve negligible expansion of use beyond that previously existing, would result in no permanent effects on the environment, and would not involve the removal of mature, scenic trees. The District has determined none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).
The proposed Board actions comply with Section 35 of the Port Act, which authorizes the Board to do acts necessary and convenient for the exercise of its power. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed Board actions are consistent with the Public Trust Doctrine.
The proposed Board actions are considered excluded development pursuant to Section 8.a (Existing Facilities) of the District’s Coastal Development Permit Regulations because the project would consist of amending the San Diego Unified Port District Code Article 8 that would involve negligible expansion of use beyond that previously existing. If the Board approves these actions, District staff would notify California Coastal Commission (CCC) staff in accordance with Coastal Act Section 30717. The approval would become effective after the 10th working day after notification to CCC staff unless an appeal is filed with the CCC within that time frame.
Diversity, Equity, and Inclusion Program:
This agenda sheet has no direct DEI impact on District workforce or contract reporting at this time.
PREPARED BY:
Ken Wallis
Director, Guest Experiences
Kristine Love
Department Manager, Guest Experiences - Parking
Liza Anderson
Asset Manager, Guest Experiences - Parking
Attachment(s):
Attachment A: Proposed Amendments to San Diego Unified Port District Code
Sections 8.09 and 8.11 (Strike-out / Underline Version)
Attachment B: Proposed Amendments to San Diego Unified Port District Code
Sections 8.09 and 8.11 (Clean Version)
Attachment C: Class B Motorhome ”Van Camper” Oversized Vehicle
Attachment D: Types of Oversized Vehicles at Shelter Island
Attachment E: RV Parks Locations
Attachment F: Member City Oversized/Recreational Vehicle Municipal Codes
Attachment G: Public Comment Emails Received
Attachment H: Safe Parking Program Flyer (City of San Diego)