HomeMy WebLinkAboutItem 5h. Second Reading of Ordinance No. 1710 Amending Stopping, Standing, and Parking for Certain Purposes or in Certain Places Item 5h
Department: Public Works
Cost Center: 5101
For Agenda of: 4/19/2022
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Gaven Hussey, Parking Services Manager
Alexander Fuchs, Parking Services Supervisor
SUBJECT: SECOND READING OF ORDINANCE NO. 1710 (2022 SERIES)
AMENDING TITLE 10, CHAPTER 36 (STOPPING, STANDING AND
PARKING FOR CERTAIN PURPOSES OR IN CERTAIN PLACES), OF
THE SAN LUIS OBISPO MUNICIPAL CODE
RECOMMENDATION
Adopt Ordinance No. 1710 (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 allowing for the issuance of Limited Daytime Use Permits in the Dana
Street Parking District.”
DISCUSSION
On March 15, 2022, the City Council introduced Ordinance No. 110 (2022 Series),
amending Title 10 Chapter 36 of the Municipal Code allowing for the issuance of Limited
Daytime Use Permits to commercial properties on or immediately adjacent to Dana Street
Parking District (Attachment A). The Municipal Code changes allowing for the issuance
of such permits are outlined below:
Section 10.36.170 (Designation of preferential parking permit areas – Adoption of
resolution)
Added language allowing for commercial properties on or immediately adjacent to
Dana Street to be eligible to receive limited daytime use permits.
Section 10.36.200 (Limitations on parking in a preferential permit parking area)
Added language establishing that limited daytime use permits are eligible for use
in the Dana Street Parking District on hours and days set forth in the resolution
that established the district.
Page 215 of 1192
Item 5h
Section 10.36.220 (Preferential parking permit – Issuance)
Added language that qualifying commercial properties on or immediately adjacent
to Dana Street are eligible to receive up to two permits per addressed unit.
City Council, at the same meeting, adopted a Resolution modifying the Dana Street
Parking District to establish the days and hours in which the Limited Daytime Use Permits
would be valid and to establish which commercial properties qualify to receive such
permits.
Council also provided direction to staff to look into nighttime on-street parking usage on
Dana Street for the possible inclusion of the multifamily complex with more than 8 units.
Staff anticipates completing the nighttime on -street survey within the next three months
and will return to Council in Summer 2022.
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. City Council has the
authority to determine the number of parking permits issued per addressed unit, the days
and hours that the permits are valid, and which type of properties are eligible to receive
permits.
Public Engagement
A proposed Ordinance was brought before City Council on March 15, 2022, as a Public
Hearing item for review and approval. There was public comment on the item prior to
Council taking action on the item. Three of the four speakers were supportive of the
issuance of Limited Daytime Use Permits and the fourth speaker requested that all
multifamily properties on Dana Street be eligible to receive parking permits.
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.
Page 216 of 1192
Item 5h
FISCAL IMPACT
Budgeted: Yes Budget Year: On-going
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available*
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Parking Fund
(611-5101-
61013)
$119,910 $1,500 $118,410 $200
Total $119,910 $1,500 $118,410 $200
*As of February 14, 2022
The Parking 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 budget for
establishing districts in the non-staffing operating expenditure line items.
The initial costs to implement a limited daytime use permit program is approximately
$1,500 for the hangtag permits. The ongoing costs for the annual hangtag permits after
the initial year will cost approximately $2.50 per permit when ordered for all d istricts. The
cost of permits and staff time to administer the parking district program is largely offset by
the annual permit cost of $20 per permit which generated approximately $35,000 in
revenue in FY 2020-21.
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
approved a Resolution modifying the Dana Street Parking District for the Limited Daytime
Use Permits.
ATTACHMENTS
A – Ordinance No. 1710 (2022 Series)
Page 217 of 1192
Page 218 of 1192
O 1710
ORDINANCE NO. 1710 (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
ALLOWING FOR THE ISSUANCE OF LIMITED DAYTIME USE PERMITS
IN THE DANA STREET PARKING DISTRICT
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 preferential parking permit districts within city limits;
and
WHEREAS, on January 14, 2020, the Council of the City of San Luis Obispo
conducted a public hearing with a 4-0-1 vote to approve the establishment of a preferential
parking permit district in the Dana Street area; and
WHEREAS, on March 2, 2021, the Council of the City of San Luis Obispo
conducted a public hearing with a 3-1-1 vote to approve the expansion of the existing
preferential parking permit district in the Dana Street area to the entire block and to allow
multi-family properties of up to eight units to receive parking permits; and
WHEREAS, the City has received correspondence from commercial properties
adjacent to the preferential parking permit district in the Dana Street area requesting
approval to be issued daytime use permits in support of their business operations; and
WHEREAS, the Council of the City of San Luis Obispo received a staff report
which indicated that limited daytime use through the issuance of daytime parking permits
for businesses immediately adjacent to Dana Street would not generate damand that
exceeds parking supply on Dana Street.
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:
Page 219 of 1192
Ordinance No. 1710 (2022 Series) Page 2
O 1710
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 unit s 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-multifamily units of less than five dwelling
units with the exception of the preferential parking permit district on Dana
Street which will allows for the following modifications:
i. Multifamily units of five to eight dwelling units to be eligible to receive
permits. This exception will be in effect until the complet ion of construction
of the Palm-Nipomo parking structure or until nullified by city council action.
ii. Commercial properties located on or immediately adjacent to Dana
Street to be eligible to receive limited daytime use permits.
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.
Page 220 of 1192
Ordinance No. 1710 (2022 Series) Page 3
O 1710
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 finding 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 10.36.200 (Limitations on parking in a prefernential 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 loc ated
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. Vehicles displaying a limited daytime use permit parked in the Dana Street
preferential parking district during the hours and on the days set forth in the
resolution that established the district; or
E. 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)
Page 221 of 1192
Ordinance No. 1710 (2022 Series) Page 4
O 1710
SECTION 3. Section 10.36.220 (Preferential parking permit - Issuance) of the San
Luis Obispo Municipal Code is hereby amended to read as follows:
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, with the exception of commercial properties immediately
adjacent to the preferential parking district on Dana Street which qualify to
receive up to two limited daytime use permits per addressed unit as set forth in
the resolution that established that district. 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)
Page 222 of 1192
Ordinance No. 1710 (2022 Series) Page 5
O 1710
SECTION 4. 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 5. 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.
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 New Times, 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 15th day of March, 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 223 of 1192
Page 224 of 1192