HomeMy WebLinkAboutItem 5f. Second Reading and Adoption of O-1707 amending Title 10, Chapter 36, to revise the Parking Permit Program for Commercial Properties Item 5f
Department: Public Works
Cost Center: 5101
For Agenda of: 2/15/2022
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Gaven Hussey, Parking Manager
Alexander Fuchs, Parking Services Supervisor
SUBJECT: SECOND READING OF ORDINANCE NO. 1707 (2022 SERIES)
AMENDING TITLE 10, CHAPTER 36 (STOPPING, STANDING AND
PARKING FOR CERTAIN PURPOSES OR IN CERTAIN PLACES) TO
REVISE THE PARKING PERMIT PROGRAM FOR COMMERCIAL
PROPERTIES
RECOMMENDATION
Adopt Ordinance No. 1707 (2022 Series) entitled, “An Ordinance of the City Council of
the City of San Luis Obispo, California, amending Title 10, Chapter 36 (Stopping,
Standing and Parking for Certain Purposes or in Certain Places), of the San Luis Obispo
Municipal Code.”
DISCUSSION
On January 11, 2022, the City Council introduced Ordinance No. 1707 (2022 Series),
amending Title 10 Chapter 36 of the Municipal Code for the City’s parking permit program
allowing for the formation of the preferential parking districts in commercial areas
(Attachment A).
Council also directed staff to include minor clarifying language in the Ordinance that
indicated parking districts are not allowed in areas that have paid parking as well as
clarifying language on when a section of the Municipal Code applies to commercial areas
versus residential areas. The following changes outlined below address Counc il’s
direction.
Section 10.36.170 – Designation of residential parking permit areas – Adoption of
resolution.
Added language indicating that parking districts are not allowed in areas that have
paid parking
Changed instances of “residential” to “preferential”
Changed instances of “household” to “addressed unit” and / or “households” to
“addressed units”
Added language regarding persons “working” in an area to broaden the program
to include commercial areas
Removed language regarding Council receiving a request to establish parking
districts since requests are received directly by staff .
Page 89 of 199
Item 5f
Section 10.36.180 – Designation of residential parking permit areas – Content of
resolution
Changed instances of “residential” to “preferential”
Changed instances of “household” to “addressed unit” and / or “households” to
“addressed units”
Section 10.36.190 – Designation of residential parking permit areas – Sign posting
Changed instances of “residential” to “preferential”
Section 10.36.200 – Limitations on parking in a residential permit parking area
Changed instances of “residential” to “preferential”
Changed instances of “household” to “addressed unit”
Changed instances of “residents” to “occupants”
Added language limiting the parking of vehicles with commercial plates in a parking
permit area to no more than twenty-four consecutive hours
Modified the subsection describing issuance and limitations of guests permits so
that it can apply to both residential and commercial parking permit areas
Section 10.36.220 – Residential parking permit – Issuance
Added clarifying language on when a section applies to commercial areas versus
residential areas versus both areas
Modified the language to reference the issuance of permits in commercial areas
from registered property owners to occupants, so that the Municipal Code
language matches what was presented to Council
Changed instances of “households” to “parcels”
Changed instances of “dwelling unit” to “addressed unit”
Changed instances of “residents” to “occupant”
Removed the terms “residential” and “residence” to broaden the program to include
commercial areas
Added language that new applicants must present proof of occupancy prior to
issuance of parking permits
Section 10.36.221 – Lost, stolen, or defaced permit replacement
Removed fees associated with the replacement of lost, stolen, or defaced permits
since this fee is now contained within the City’s Comprehensive Fee Schedule
Changed instances of “resident” to “occupant” and / or “residents” to “occupants”
Removed language stating that permits will not be issued until the following year
in cases of fraud and / or misrepresentation to obtain replacement permits
Section 10.36.230 – Residential parking permits – Display required
Changed instances of “residential” to “preferential”
Section 10.36.232 – Enforcement
Changed instances of “residents” to “occupants”
Page 90 of 199
Item 5f
Policy Context
The California Vehicle Code section 22507 allows local authorities to restrict or prohibit
parking on certain streets except for permitted residents, merchants, and their guests.
The language of this Vehicle Code section has been interpreted to allow cities to establish
parking districts exclusively for residents, businesses, or both. The City currently only
allows parking districts in residential areas but has the authority to establish parking
districts in commercial areas.
Public Engagement
A proposed Ordinance was brought before City Council on January 11, 2022, as a Public
Hearing item for review and approval. There was no publ ic comment on the item prior to
Council taking action on the item.
CONCURRENCE
The City’s Attorney’s office has reviewed the ordinance and determined that the
amendments to the applicable Municipal code sections are within the authority of the City
to enact and enforce.
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 Budget Year: On-going
Funding Identified: N/A
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
Parking Fund N/A
Total N/A
There are no direct costs associated with adoption of this ordinance. Costs associated
with the establishment or expansion of parking permit districts, under these amendments,
will be funded through the Parking Fund service rates and incorporated into the annual
budget appropriation. The Fund’s current budget can accommodate one-time and on-
going costs associated with the establishment and expansion of parking permit districts.
The Fund receives multiple requests each year and staff has included an annual b udget
for establishing districts in the non-staffing operating expenditure line items.
Page 91 of 199
Item 5f
If the proposed Municipal Code language changes result in an abnormally high number
of district requests that cannot be accommodated within the Fund’s existing budget, then
staff will return to Council at future budget hearings or upon Council’s formation of the
district to appropriate funds from the Parking Fund’s working capital to support the cost
of parking district formation.
ALTERNATIVES
Do not adopt the Ordinance at this time. Staff does not recommend this alternative
because the City Council has already approved the introduction of the Ordinance and
provided direction to staff on minor language changes to the Ordinance language.
ATTACHMENTS
A - Ordinance No. 1707 (2022 Series)
Page 92 of 199
O 1707
ORDINANCE NO. 1707 (2022 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 10, CHAPTER 36
(STOPPING, STANDING AND PARKING FOR CERTAIN PURPOSES OR
IN CERTAIN PLACES), OF THE SAN LUIS OBISPO MUNICIPAL CODE
WHEREAS, California Vehicle Code section 22507 provides cities the authority to
restrict stopping, standing, or parking of vehicles on certain streets upon which
preferential parking privileges are given to residents and merchants adjacent to the street
for their use and the use of their guests; and
WHEREAS, the City of San Luis Obispo’s Municipal Code contains sections
detailing the formation process for residential parking permit districts within city limits; and
WHEREAS, the Council of the City of San Luis Obispo has determined that the
existing formation process is outdated, and revisions are necessary to meet the needs of
commercial and residential properties within the City.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Section 10.36.170 (designation of residential parking permit areas –
Adoption of resolution) of the San Luis Obispo Municipal Code is hereby amended to read
as follows:
10.36.170 Designation of preferential parking permit areas —Adoption of
resolution.
A. The council should, by resolution, designate an area of the city as a preferential
parking permit area if the council finds that:
1. The streets in the area do not provide for paid parking controlled and regulated
by the city as set forth in Chapter 10.52;
2. The streets in the area are congested with vehicles parked by persons not
residing or working in the area and the designation is supported by a sixty percent
majority of the affected addressed units as indicated by a city survey of the affected
addressed units; 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 an area or
working in the area is necessary in order to preserve the character and to manage
parking demand of the existing area approved by a sixty percent majority of
addressed units in the area. Addressed units will be determined using the city’s
address database (there may be more than one addressed unit per parcel) and
will be limited to either commercial units or residential units, including non-
Page 93 of 199
Ordinance No. 1707 (2022 Series) Page 2
O 1707
multifamily units of less than five dwelling units with the exception of the
preferential parking permit district on Dana Street which allows for multifamily 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 or working in the area is necessary in order to preserve the character of
the existing area for the persons residing or working in the area, the council shall
consider the negative effect of vehicles parked by persons not residing or working
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 or working in the area gaining access to their
residences or places of employment.
C. The council may, by resolution, designate an area of the city as a preferential
parking permit area after holding a public hearing and making a f inding that the
establishment of the district represents the desire of a majority of the addressed
units of the area. (Ord. 1694 § 1, 2021; Ord. 1454 § 1, 2004: Ord. 1412 § 2 (part),
2002; Ord. 1264 § 1, 1994: prior code § 3209.17)
SECTION 2. Section 10.36.180 (designation of residential parking permit areas –
Content of resolution) of the San Luis Obispo Municipal Code is hereby amended to read
as follows:
10.36.180 Designation of preferential parking permit areas—Content of
resolution.
The resolution designating an area of the city as a preferential permit parking area
shall describe the designated area in which parking will be limited to vehicles
displaying a parking permit issued by the public works department for that purpose
and shall set forth the hours and days, as specified by a sixty percent majority of
the addressed units in the district, when parking will be limited to those vehicles.
(Ord. 1454 § 2, 2004: Ord. 1412 § 2 (part), 2002: Ord. 1264 § 2, 1994: prior code
§ 3209.18)
SECTION 3. Section 10.36.190 (designation of residential parking permit areas –
Sign posting) of the San Luis Obispo Municipal Code is hereby amended to read as
follows:
Page 94 of 199
Ordinance No. 1707 (2022 Series) Page 3
O 1707
10.36.190 Designation of preferential parking permit areas—Sign posting.
Upon adoption of a resolution by the council designating an area of the city as a
preferential parking permit area, the director of public works or their designee(s)
shall cause appropriate signs to be erected along the streets identified in the
resolution which shall give notice of the limitation on the parking of vehicles in the
area as provided in Section 10.36.170, and shall indicate the hours and days when
such limitations shall be in effect. (Ord. 1628 § 25, 2016: prior code § 3209.19)
SECTION 4. Section 10.36.200 (Limitations on parking in a residential permit
parking area) of the San Luis Obispo Municipal Code is hereby amended to read as
follows:
10.36.200 Limitations on parking in a preferential permit parking area.
It is unlawful for any person to stop, stand, or park a vehicle on any street identified
in a resolution adopted by the council designating a preferential permit parking
area during the hours and on the days set forth in such resolution except:
A. Those vehicles described in Section 10.36.180 displaying a valid permit issued
as provided for by Section 10.36.220 and parked within the street block in front of
the addressed unit to which the permit is issued or within one adjoining district
block; or
B. Any emergency vehicle, including, but not limited to, an ambulance, fire engine,
or police vehicle; or
C. A vehicle with commercial plates which is under the control of a person, who
does not reside within the district, providing service for hire to property located in
the designated preferential permit parking area, including but not limited to a
delivery vehicle. Such vehicles cannot be parked within the area for more than
twenty-four consecutive hours; or
D. Preferential permit parking area occupants wishing to sponsor guests which
will exceed the number of parking permits available may contact the city parking
manager and request temporary permits. If the temporary exemption is granted by
the parking manager, all vehicles which have as their destinat ion a qualified
preferential permit address, shall display in clear view on the dashboard, written
confirmation of the street address and date and time that the permit is valid.
Issuance of sponsored guest permits shall be deemed infrequent occurrences and
any regular requests for sponsored guest permits will not be authorized. This
section shall not be interpreted to allow the daily parking of vehicles. Any vehicle
not displaying the proper or authorized identification shall be subject to citation.
(Ord. 1454 § 3, 2004: Ord. 1264 § 3, 1994: prior code § 3209.20)
SECTION 5. Section 10.36.220 (Residential parking permit - Issuance) of the San
Luis Obispo Municipal Code is hereby amended to read as follows:
Page 95 of 199
Ordinance No. 1707 (2022 Series) Page 4
O 1707
10.36.220 Preferential parking permit—Issuance.
A. For preferential parking permits issued to residential properties, the director of
public works, or their designee, will annually issue two preferential parking permits
to the registered property owner, or the registered property owner’s representative,
as authorized in writing, of each residential property shown with a unique number
on the latest county of San Luis Obispo assessment roll within each residential
preferential parking permit area established by resolution as set forth in Section
10.36.180. Qualified residential parcels that have multiple, separate addressed
units shall be eligible to receive permits for each addressed unit, providing the total
number of permits issued to one parcel does not exceed twice the number of
residential dwelling units on the parcel.
B. For preferential parking permits issued to commercial properties, the director of
public works, or their designee, will annually, issue any number of preferential
parking permits, to the occupant of each property shown with a unique number on
the latest county of San Luis Obispo assessment roll within each preferential
parking permit area established by resolution as set forth in Section 10.36.180.
Qualified commercial parcels that have multiple, separate addressed units shall be
eligible to receive any number of permits for each addressed unit.
C. All preferential parking permits, whether issued under subsection A or B, 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.
D. All preferential parking permits, whether issued under subsection A or B, may
be transferred by the occupant 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 parking permits shall be established by
city council resolution. The permits shall be considered part of the occupancy of
the property and shall be transferred to the new occupant upon sale of the property
or upon lease of the property. New applicants must present proof of occupancy
within the preferential parking district prior to permit issuance. (Ord. 1694 § 2,
2021; Ord. 1565 § 1, 2011: Ord. 1454 § 4, 2004: Ord. 1264 § 4, 1994: prior code
§ 3209.21)
SECTION 6. Section 10.36.221 (Lost, stolen, or defaced permit replacement) of
the San Luis Obispo Municipal Code 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. If
the replacement permit is again lost, stolen, or defaced, a replacement permit will
be issued for an additional fee. 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 occupancy, at the office of the city parking manager.
Page 96 of 199
Ordinance No. 1707 (2022 Series) Page 5
O 1707
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 qualif ied
occupants and their bona fide visitors.
Any occupant and/or property owner found to misrepresent themselves for the
purposes of fraudulently obtaining preferential parking permits shall lose their right
to said permits. (Ord. 1694 § 3, 2021; Ord. 1454 § 5, 2004: Ord. 1264 § 5, 1994)
SECTION 7. Section 10.36.230 (Residential parking permits – Display required)
of the San Luis Obispo Municipal Code is hereby amended to read as follows:
10.36.230 Preferential parking permits—Display required.
Parking permits issued under Section 10.36.220 shall be displayed on a vehicle in
a manner prescribed by the director of public works. The method of display shall
be clearly stated on the rear of the permit. (Ord. 1264 § 6,1994: prior code §
3209.23)
SECTION 8. Section 10.36.232 (Enforcement) of the San Luis Obispo Municipal
Code is hereby amended to read as follows:
10.36.232 Enforcement.
Enforcement of the preferential parking permit district shall be on a regular and
routine basis, and may be on a comp laint basis by occupants within the district
boundaries. Enforcement personnel shall be dispatched on an as -available basis
as determined by the city parking manager/police department. All parking citations
issued for noncompliance with the parking permit requirement shall be governed
by the civil proceedings set forth in the California Vehicle Code. (Ord. 1412 § 2
(part), 2002: Ord. 1264 § 7, 1994)
SECTION 9. Severability. 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 10. Environmental determination. These amendments to Title 10
Chapter 36 of the City of San Luis Obispo Municipal Code do not constitute a “Project”
under CEQA Guidelines Sec. 15378.
Page 97 of 199
Ordinance No. 1707 (2022 Series) Page 6
O 1707
SECTION 11. 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 11th day of January, 2022, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the ____ day of _________, 2022, on the
following vote:
AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. Stewart
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, on ______________________.
___________________________
Teresa Purrington,
City Clerk
Page 98 of 199
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 . FAX (805) 546-8641
PROOF OF PUBLICATION
(2015.5 C.C.P,)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid; I am over the age of
eighteen years, and not a party interested in the
above entitled matter- I am the principal clerk
of the printer of the New Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, State of California, under the date of
February 5, 1993, Case number CV72789: that
notice of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to -wit:
in the year 2022.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, Falifornia, this day
�u of �G— !�X111Lfr 2022.
Patricia Horton, New Times Legals
Proof of Publication of
0 CITY OF SLO
ORDINANCE NO. 1707
(2022 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO, CALIFORNIA, AMENDING TTTLE
10, CHAPTER 36 (STOPPING, STANDING AND PARKING
FOR CERTAIN PURPOSES OR IN CERTAIN PLACES), OF
THE SAN LUIS OBISPO MUNICIPAL CODE
NOTICE IS HEREBY GIVEN that the City Council of the City
Of San Luis Obispo, California, at its Regular Meeting of
January 11. 2022, introduced the above titled ordinance
upon a motion by Council Member Pease, second by Vice
Mayor Christianson, and on the following roll call vote:
AYES: Council Member Marx Pease, Shonesman, Vice
Mayor Christianson, and Mayor Stewart
NOES: None
Ordinance No. 1707 (2022 Series) —This is a City Ordinance
to amend Tide 10 (Vehicles and Traffic), Chapter 36
(Stopping, Standing and Parking for Certain Purposes or
in Certain Places), of the Municipal Code to include the
following changes:
• Added and modified language to allow for
commercial areas to participate in the Cbys parking
permit district program;
• Added language indicating that parking districts are
not allowed in areas that have paid parking;
• Added clarifying language on when a section applies
to commercial areas versus residential areas versus
both areas; -
• Removed fees associated with the replacement of
lost, smlen, or defaced permits since these fees are
now contained within the City's Comprehensive Fee
Schedule.
A full and complete copy ofthe aforemermoned Ordinance
is available for inspection as part of the published agenda
packet for the February 15, 2022 Council Meeting, or you
may call (8051781-7100 for more information.
NOTICE IS HEREBY GIVEN that the City Council of the City
of San Luis Obispo will consider adopting the Ordinance
at its Regular Meeting Of February 15, 2022. m 600 p.m.
held via mlecadmeuce. The City Council meeting will
be televised live on Charter Cable Channel 20 and live
streaming on the Ciejs YouTube channel htmslNoumbe.
s mny
Teresa Purfington
City Clerk
February 10, 2022
Admin Y P—W-NTMG AdWVNt IG Off-150SINESSINblk q.k .!PwfofPub