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HomeMy WebLinkAboutItem 10 - Introduce an Ordinance amending Title 10 Dana Street Parking DistrictItem #10 GtT Y Ofi rn O Council AgendaReport CIS O Department Name: Cost Center: For Agenda of: Placement: Estimated Time: FROM: Matt Horn, Public Works Director Prepared By: Alexander Fuchs, Parking Services Supervisor Public Works 5101 March 2, 2021 Public Hearing 45 Minutes SUBJECT: INTRODUCE AN ORDINANCE TO AMEND TITLE 10 OF THE MUNICIPAL CODE AND ADOPT A RESOLUTION MODIFYING THE DANA STREET PARKING DISTRICT RECOMMENDATION 1. Introduce an Ordinance (Attachment A) amending Title 10 of the Municipal Code to allow multi -family properties of five to eight units to participate in the Dana Street Parking District and to adjust replacement permit fee amounts; and 2. Adopt a Resolution (Attachment B) modifying the Dana Street Parking District to include multi -family properties of five to eight units. DISCUSSION On December 8, 2020, Council held a study session and reviewed the existing Residential Parking District on Dana Street since this parking district is unique due to the number of multi- family properties, single family properties, businesses and proximately to the downtown and upon establishment was desired to return to Council for evaluation of implementation. At the study session, Council directed staff to 1) Survey multi -family properties of five to eight units to ensure a majority of these properties wish to be included in the Dana Street Parking District and 2) Return to Council with necessary Municipal Code amendments and Residential Parking District Resolution to allow for inclusion of those eligible Dana Street multi -family properties within this parking district that will expire with the construction of a new parking structure at Palm/Nipomo unless revised by the Council. The condition that the inclusion of multi -family properties will expire upon construction of the new parking structure is because the project will increase the amount of public parking in this part of downtown and will allow residents in the adjacent areas to participate in the City's overnight parking program. Currently, residents of the downtown area can purchase quarterly parking permits in two of the three parking structures for overnight parking. The overnight parking program began as a way to support the City's goal of increasing the number of residential units within the downtown area. Council, at their discretion, may extend the expiration of the inclusion of multi -family properties if they deem it to be in the best interest of the community. Packet Page221 Item #10 On December 28, 2020, Staff mailed survey forms to each unit within the multi -family properties on Dana Street of five to eight units to determine if a majority (+60%) wished to be included in the Dana Street Parking District. The support for inclusion in a district is based on the surveys that are completed and returned within the given time frame; incomplete surveys and surveys not returned to the City are not counted. Surveys were required to be completed and returned to the City no later than January 19, 2021. Of the 28 survey forms mailed, 16 (57%) were completed and returned within the designated timeframe. Of the 16 completed and returned, 15 (94%) were supportive of being included in the Dana Street Parking District. In order for Council to be able to include these surveyed multi -family properties in the Dana Street Residential Parking District, modifications to the City's Municipal Code are required. The current Municipal Code language excludes multi -family properties of more than four units. Included as Attachment A is an amendment to Title 10 Chapter 36 of the Municipal Code to allow a one-time exception for the multi -family properties to receive permits on Dana Street that will expire upon construction of the new parking structure at Palm/Nipomo. Dana Street Parking District is the only residential parking permit district in the City that includes multi -family properties within the district boundaries; all other districts are comprised exclusively of non -multi -family properties. Council recognized that the make-up of properties on Dana Street is unique compared to the other districts and directed staff to pursue an inclusion of multi -family properties of five to eight units in the District. There is one multi -family property on Dana Street which is comprised of sixteen units that Council excluded from the District because the additional permits, allotted to this property, would result in a significant increase in permits for on -street spaces as well as competition for the limited number of on -street spaces. Additionally, the excluded property has adequate off-street parking spaces for use by residents in accordance with the requirements of Municipal Code Chapter 17.72. Attachment A is an Ordinance introducing changes to specific Municipal Code sections and Attachment B is a Resolution to expand the Dana Street Parking District. Policy Context Municipal Code section 10.36.170 restricts participation within the residential parking permit district process to non -multi -family properties of four or fewer units. Based on Council's direction and the results of the survey, the attached Ordinance provides a one-time exception to the existing limitation allowing multi -family properties with five to eight units to participate in the Dana Street Parking District until the construction of the Palm/Nipomo parking structure unless revised by Council. This one-time exception is based on the unique make-up of the Dana Street properties that is not found in other residential areas. Municipal Code section 10.26.220 outlines the issuance of permits for residential districts and sets a limit of no more than two permits per unit; however, Council, at the December 8th meeting, agreed to restrict permit issuance for multi -family properties with five to eight units to one permit per unit. This restriction is to maintain the same percentage of on -street spaces available within the district boundaries compared to parking permits issued. Staff is also recommending a change to Municipal Code section 10.36.221 which states fee Packet Page222 Item #10 amounts for replacement parking permits. The annual permit cost increased on July 1, 2020 and the replacement fees were supposed to be increased as well. The new fees are twenty dollars for the initial permit replacement and thirty dollars for any subsequent replacement. Public Engagement Consistent with Council direction and the Municipal Code sections that govern residential parking permit districts, formal surveys were mailed to all units within the multi -family properties of five to eight units to ensure a majority wish to be included in the Dana Street Parking District. Additionally, separate letters were mailed to all properties currently within the Dana Street Parking District boundaries to notify them of the direction provided by Council and the next steps in the process. CONCURRENCE The inclusion of multi -family properties of five to eight units is supported by the residents of said properties as evidenced by the formal survey results. The City's Attorney's office concurs that the eight unit limitation for participation in the Dana Street Parking District is legally permissible. ENVIRONMENTAL REVIEW The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a "Project" under CEQA Guidelines Sec. 15378. FISCAL IMPACT Budgeted: Yes Funding Identified: Yes Fiscal Analysis: Budget Year: 2020-21 Total Budget Current Funding Remaining Annual Funding Sources Available* Request Balance Ongoing Cost Parking Fund (611- $253,999 $1,605 $252,394 $110 5101-61013 Total $253,999 $1,605 $252,394 $110 *As of February 16, 2021 As a one-time cost, approximately five new signs and signposts will need to be installed to enforce the expanded district boundaries. As an on -going cost, additional hangtag permits will need to be purchased annually for the multi -family properties. Purchase and installation of signs, signposts, and other on -going costs will be funded through the Parking Fund's Contract Services line item (611-5101-61013). Packet Page223 Item #10 ALTERNATIVES • Do not amend the Municipal Code. Staff does not recommend this alternative since the existing Municipal Code sections (10.36.170 et al.) which governs residential parking permit districts does not allow multi -family properties of five to eight units to participate within residential parking permit districts. • Do not adopt the resolution modifying the Dana Street Parking District. Staff does not recommend this alternative as there is support from the residents of multi -family properties of five to eight units to be included in the Dana Street Parking District. Attachments: a - Ordinance to Amend Title 10 Chapter 36 of the Municipal Code b - Resolution to Modify the Dana Street Parking District Packet Page224 Item #10 ORDINANCE NO. (2021 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING MUNICIPAL CODE TITLE 10 CHAPTER 36 REGARDING STOPPING, STANDING AND PARKING FOR CERTAIN PURPOSES OR IN CERTAIN PLACES WHEREAS, on December 8, 2020, the Council of the City of San Luis Obispo directed staff to survey multi -family properties of five to eight units along Dana Street to ensure a majority of these properties wish to be included in the Dana Street Residential Parking District; and WHEREAS, the Council of the City of San Luis Obispo authorized the issuance of one parking permit per multi -family dwelling unit if the survey results demonstrate sufficient support for the inclusion of multi -family properties of five to eight units in the Dana Street Residential Parking District; and WHEREAS, the results of the survey demonstrated sufficient support amongst multi- family properties of five to eight units to be included in the Dana Street Residential Parking District; and WHEREAS, specific sections of Title 10 Chapter 36 of the Municipal Code must be modified to allow for the multi -family properties of five to eight units to be included in the Dana Street Residential Parking District and to be eligible to receive parking permits. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section 10.36.170 of the San Luis Obispo Municipal Code, entitled Designation of residential parking permit areas —Adoption of resolution, is hereby amended to read as follows: 10.36.170 Designation of residential parking permit areas —Adoption of resolution. A. The council should, by resolution, designate an area of the city as a residential parking permit area if the council finds that: 1. The area is predominantly residential; 2. The streets in the area are congested with vehicles parked by persons not residing in the area and the designation is supported by a majority of the affected households as indicated by a city survey of the affected households in which a sixty percent majority of participating households is required; or 3. Limiting the parking of vehicles along the streets in the area to vehicles registered or controlled and exclusively used by persons residing in the area is necessary in order to preserve the character of the existing neighborhood as defined in resident petition and approved by a sixty percent majority of households in the area. Households will be X Packet Page225 Item #10 Ordinance No. (2021 Series) Page 2 determined using the city's address database (there may be more than one household per parcel) and will be limited to non -multifamily units of less than five dwelling units with the exception of the residential parking permit district on Dana Street which allows for multi -family units of five to eight dwelling units to be eligible to receive permits. This exception will be in effect until the completion of construction of the Palm-Nipomo parking structure or until nullified by City Council action. B. In determining whether limiting the parking of vehicles along the streets in the area to vehicles registered to or controlled and used exclusively by persons residing in the area is necessary in order to preserve the character of the existing neighborhood for the persons residing in the area, the council shall consider the negative effect of vehicles parked by persons not residing in the area on: 1. Environmental characteristics such as ambient noise levels and air pollution levels; 2. Pedestrian and vehicular traffic safety in the area; and 3. The burden on persons residing in the area gaining access to their residences. C. The council may, by resolution, designate an area of the city as a residential parking permit area after holding a public hearing and making a finding that the establishment of the district represents the desire of a majority of the households of the area. The hearing on any such resolution should only be held after the council receives a request, in a form acceptable to the council. SECTION 2. Section 10.36.220 of the San Luis Obispo Municipal Code, entitled Residential parking permit — Issuance, is herby amended to read as follows: 10.36.220 Residential parking permit —Issuance. Annually, the director of public works shall issue two residential parking permits to the registered property owner, or the registered property owner's representative, as authorized in writing, of each property shown with a unique number on the latest county of San Luis Obispo assessment roll within each residential parking permit area established by resolution as set forth in Section 10.36.180. Qualified households that have multiple, separate dwelling units shall be eligible for additional permits, providing the total number of permits issued to one parcel does not exceed twice the number of residential dwelling units on the parcel with exception of multi -family units of five to eight units in the Dana Street residential parking permit district which shall be eligible to receive permits equal to one per dwelling unit per parcel. All parking permits may be picked up in person at the office of the city parking manager or will be mailed to the address of the property on written request of the property owner. Parking permits may be transferred by the residents to any vehicle that is to be parked on the street and will be recognized by the city, providing they are displayed clearly. The parking permits shall be issued annually. Fees for residential parking permits shall be established by city council resolution. The permits shall be considered part of the X Packet Page226 Item #10 Ordinance No. (2021 Series) Page 3 residential property and shall be transferred to the new property owner upon sale of the residence. SECTION 3. Section 10.36.221 of the San Luis Obispo Municipal Code, entitled Lost, stolen, or defaced permit replacement, is hereby amended to read as follows: 10.36.221 Lost, stolen, or defaced permit replacement. Any permit lost, stolen, defaced or otherwise altered shall be deemed invalid and a replacement permit shall be issued to the qualified property owner for a fee of twenly fib dollars. If the replacement permit is again lost, stolen, or defaced, a replacement permit will be issued for a fee of the twenty dollars. No additional replacement permits shall be issued within a twelve-month period. All permits shall be picked up by the property owner or a representative authorized in writing by the registered property owner, with proof of identification, at the office of the city parking manager. The property owner or a representative authorized in writing by the owner shall certify that the original permit was lost, stolen, or in the case of damaged permits shall submit the damaged permit, stating the permit shall be used by qualified residents and their bona fide visitors. Any resident and/or property owner found to misrepresent themselves for the purposes of fraudulently obtaining residential parking permits shall lose their right to said permits and no permits will be issued to the household until the beginning of the next permit year and shall be guilty of an infraction. SECTION 4. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the City's rules and regulations. It is the City's express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. SECTION 5. The amendments to the Municipal Code do not constitute a "Project" under CEQA Guidelines Sec. 15378. SECTION 6. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the day of , 2021, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of , 2021, on the following vote: AYES: NOES: ABSENT: 0 Packet Page227 Item #10 Ordinance No. (2021 Series) Page 4 Mayor Heidi Harmon ATTEST: Teresa Purrington City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this day of , Teresa Purrington City Clerk X Packet Page228 Item #10 RESOLUTION NO. (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, MODIFYING THE RESIDENTIAL PARKING PERMIT DISTRICT FOR THE DANA STREET AREA OF THE CITY, ESTABLISHING DAYS AND HOURS OF OPERATION OF SAID DISTRICT, AND TIME OF RENEWAL FOR A PARKING PERMIT WHEREAS, on December 8, 2020, the Council of the City of San Luis Obispo directed staff to survey multi -family properties of five to eight units along Dana Street to ensure a majority of these properties wish to be included in the Dana Street Residential Parking District; and WHEREAS, the results of the survey demonstrated sufficient support amongst multi- family properties of five to eight units to be included in the Dana Street Residential Parking District; and WHEREAS, the Council of the City of San Luis Obispo has determined that the proposed residential parking permit district area, shown in Exhibit A, to include addresses 415 Dana Street, 467 Dana Street, 524 Dana Street, and 526 Dana Street, have petitioned to be included in the Dana Street Residential Parking Permit District; and WHEREAS, the Council of the City of San Luis Obispo has held a public hearing to consider the modification of the Dana Street Residential Parking Permit District and has determined that the inclusion of multi -family properties of five to eight units represents the desire of a majority of the households surveyed and that a residential parking permit district, which limits parking in the area to bona fide residents, is necessary to preserve the character and quality of life of the neighborhood for the residents of the district. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to Section 10.36.170 et seq. of the San Luis Obispo Municipal Code, the residential parking permit district boundaries and hours are hereby established as shown in Exhibit A. SECTION 2. No vehicles other than emergency vehicles, vehicles with commercial plates that is under the control of a person who does not reside in the area that is providing service for hire to property located in the designated residential parking permit district area, or vehicles having a residential parking permit clearly displayed between the windshield and the rearview mirror shall park on any street within the area from 8:00 a.m. to 2:00 a.m., Daily. SECTION 3. The Public Works Director shall be directed to post the district with signs that clearly state these restrictions. 17 Packet Page229 Resolution No. (2021 Series) Item #10 Page 2 SECTION 4. The Public Works Director shall issue residential parking permits on demand as permitted in Section 10.36.220 of the Municipal Code. Permits shall be issued for a year effective September 15th of each year. SECTION 5. The modification of the district does not constitute a "Project" under CEQA Guidelines Sec. 15378. Upon motion of and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this ATTEST: Teresa Purrington City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney seconded by , day of Mayor Heidi Harmon 2021. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this day of , 2021. Teresa Purrington City Clerk 0 Packet Page230 Resolution No. (2021 Series) Item #10 Page 3 Exhibit A s0 ! \\ rr r I � sue? i s 415 Q Dana Street a I4jT �o a 411 °��� ?' Residential Parking any o s� ® Qualifying Parcels Srssrs� o8AM-2AM,Daily N ais ' 0 100 200 400 Feet A 4 A In Packet Page231 Item #10 Page intentionally left blank. Packet Page232 Introduce an Ordinance Amending Title 10 and Adopt a Resolution for the Dana Street Parking District City Council 3-2-2021 4 3S �� s ''•� NO 'o ,Q� �o S 463 l q �1&� S s s � o � � e� 9 42 7B 5 As9 S �99 94 6 Q q9 pb,s Dana Street 473 4�? 9�, ems' 411 �59. Residential Parking 9�S ® Qualifying Parcels 9 = 8 AM - z AM, Daily " 410 r� y� 0 100 200 400 Feet Recommendations 1. Introduce an Ordinance amending Title 10 of the Municipal Code to allow multi -family properties of five to eight units to participate in the Dana Street Parking District and to adjust replacement permit fee amounts; and Adopt a Resolution modifying the Dana Street Parking District to include multi -family properties of five to eight units. _ Direction from Council After Study Session in December 2020 ❑ Remove the timed parking overlay that was implemented along with the parking district; ❑ Survey multi -family properties of five to eight units to ensure a majority of these properties wish to be included in the Dana Street Parking District; and ❑ Return to Council with necessary Municipal Code amendments and Residential Parking District Resolution to allow for the inclusion of eligible Dana Street multi -family properties within this parking district that will expire with the construction of a new parking structure at Palm/Nipomo unless revised by the Council. Action Taken on Council's Direction Timed parking overlay restrictions were removed at the end of January. Vehicles parked in the district boundaries during enforcement hours must display a valid permit or be subject to citation; ❑ Multi -family properties were surveyed in January. Of the 28 units surveyed, 16 completed and returned the survey. 15 (94%) of which support be included in the district. Surveys not completed and returned are not counted; and ❑ Staff drafted an Ordinance and Resolution, before Council tonight, to make the inclusion official. pt Another Item — Update to .� Replacement Permit Fees T� � RvtLE) ic�� psi L� PARKING PERMIT ❑ The replacement fee for residential parking permits was not increased at the beginning of this fiscal year when the costs for the annual permits increased. The increase in replacement fees has been included in the ordinance revisions introduced tonight. ❑ Staff will work to include all administrative fees for parking related services, except for parking meter rates, in the City's Master Fee Schedule to avoid missing fee increases in the future. Recommendations 1. Introduce an Ordinance amending Title 10 of the Municipal Code to allow multi -family properties of five to eight units to participate in the Dana Street Parking District and to adjust replacement permit fee amounts; and 2. Adopt a Resolution modifying the Dana Street Parking District to include multi -family properties of five to eight 10-36.170(A)(3) — Designation of Parking Permit Areas Limiting the parking of vehicles along the streets in the area to vehicles registered or controlled and exclusively used by persons residing in the area is necessary in order to preserve the character of the existing neighborhood as defined in resident petition and approved by a sixty percent majority of households in the area. Households will be determined using the city's address database (there may be more than one household per parcel) and will be limited to non -multifamily units of less than five dwelling units with the exception of the residential parking permit district on Dana Street which allows for multi -family units of five to ei!ht dwelling units to be eligible to receive permits. This exception will be in effect until the completion of construction of the Palm-Nipomo parking structure or until nullified by City Council action. 10.36.220 — Residential Parking Permit - Issuance Annually, the director of public works shall issue two residential parking permits to the registered property owner, or the registered property owner's representative, as authorized in writing, of each property shown with a unique number on the latest county of San Luis Obispo assessment roll within each residential parking permit area established by resolution as set forth in Section 10.36.180. Qualified households that have multiple, separate dwelling units shall be eligible for additional permits, providing the total number of permits issued to one parcel does not exceed twice the number of residential dwelling units on the parcel with exception of multi -family units of five to eight units in the Dana Street residential parking permit district which shall be eligible to receive permits equal to one per dwelling unit per parcel. All parking permits may be picked up in person at the office of the city parking manager or will be mailed to the address of the property on written request of the property owner. 10.36.221 — Lost, Stolen, or Defaced Permit Replacement Any permit lost, stolen, defaced or otherwise altered shall be deemed invalid and a replacement permit shall be issued to the qualified property owner for a fee of twenty faftee dollars. If the replacement permit is again lost, stolen, or defaced, a replacement permit will be issued for a fee of thirty t w ei-fi nf�on lve dollars. No additional replacement permits shall be issued within a twelve-month period. All permits shall be picked up by the property owner or a representative authorized in writing by the registered property owner, with proof of identification, at the office of the city parking manager. The property owner or a representative authorized in writing by the owner shall certify that the original permit was lost, stolen, or in the case of damaged permits shall submit the damaged permit, stating the permit shall be used by qualified residents and their bona fide visitors.