HomeMy WebLinkAboutItem 5h. O-1737 Second Reading amending Title 10, Chapter 36, to modify sections of the Dana Street Preferential Parking District Item 5h
Department: Public Works
Cost Center: 5101
For Agenda of: 8/20/2024
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Donna King, Parking Program Manager
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1737 (2024
SERIES) AMENDING TITLE 10, CHAPTER 36, OF THE MUNICIPAL
CODE
RECOMMENDATION
Adopt Ordinance No. 1737 (2024 Series) entitled, “An Ordinance of the City Council of
the City of San Luis Obispo, California, amending Title 10, Chapter 36 (Designation of
Residential Parking Permit Areas), of the Municipal Code modifying the sections
pertaining to Dana Street Preferential Parking District.”
POLICY CONTEXT
On January 14, 2020, City Council approved the establishment of the Dana Street
preferential parking district via Resolution No. 11068 (2020 Series).
At the November 7, 2023, City Council meeting, Council directed staff to evaluate the
utilization of Dana Street for public parking and to return to Council with recommendations
to be implemented by the Public Works Director.
Municipal Code section 10.36.170 restricts participation within the Dana Street residential
parking district to single-family properties and multifamily properties of up to eight units.
Commercial properties located on or immediately adjacent to Dana Street are eligible to
receive daytime use permits only (8:00am - 6:00pm daily, see Resolution No. 11313
(2022 Series)) and restricts commercial property permits to daytime use only.
Municipal Code section 10.36.200 and Resolution No. 11068 (2020 Series) allows
vehicles displaying daytime use permits to park in the Dana Street parking district during
the restricted hours (8:00am and 6:00pm).
Municipal Code section 10.36.220 outlines the issuance of permits for residential districts
and sets a limit of no more than two permits per residential property.
DISCUSSION
Page 133 of 403
Item 5h
Background
On July 16, 2024, the City Council introduced Ordinance No. 1737 (2024 Series),
amending Title 10, Chapter 36 of the Municipal Code to remove all specific language
related to the Dana Street Preferential Parking District. At the same meeting, City Council
approved Resolution No. 11510 (2024 Series) adjusting the interior boundaries within the
existing Dana Street Preferential Parking District and delegating authority for any changes
to the district to the Public Works Director until the completion of the Cultural Arts District
Parking Structure (CADPS). Ordinance No. 1737 (2024 Series) is attached as Attachment
A to this report and Resolution No. 11510 (2024 Series) is attached as Attachment B to
this report.
The amended ordinance and resolution accomplish the goal of allowing flexibility during
and after construction of the CADPS by authorizing the Public Works Director to make
modifications to the district as needed and based on community input with the goal of
increasing the utilization of parking on Dana Street.
Previous Council or Advisory Body Action
On January 14, 2020, Staff presented to City Council two residential parking permit district
requests for approval. One of these requests was to establish a district on the 400 -500
block of Dana Street. City Council approved the establishment of the Dana Street parking
district via Resolution No. 11068 (2020 Series). Council also provided staff with direction
to extend the district to the entire street and explore providing one pa rking permit for each
unit for multi-family properties with 8 units or less.
On December 8, 2020, Staff presented to City Council information to expand the D ana
Street Parking District boundaries to the entire street and the possible issuance of one
permit per unit for multi-family properties with eight units or less. Council voted to survey
the multi-family properties that would be added based on this action and for staff to return
to Council with municipal code amendments and an update to the Dana Street district
resolution based on the survey results.
On March 2, 2021, Council voted to introduce Ordinance No. 1694 (2021 Series)
amending Municipal Code Title 10 Chapter 36 to allow multi-family properties of five to
eight units to participate in the Dana Street Parking District (one permit per unit) and to
adjust replacement permit fee amounts, and adopted Resolution No. 11229 (2021 Series)
modifying the Residential Parking permit District for the Dana Street area establishing
days and hours of operation and to include multi-family properties of five to eight units.
This action excluded one address (421 Dana Street), a parcel that contains a multi-family
unit of 16 units, out of concern that issuing permits to 421 Dana would cause issuance of
more permits than spaces available on the street.
On April 6, 2021, Council heard the second reading and adopted the ordinance as
detailed above.
Page 134 of 403
Item 5h
On March 15, 2022, Council voted to introduce Ordinance No. 1710 (2022 Series)
amending Municipal Code Title 10 Chapter 36 to allow for the issuance of limited daytime
use permits in the Dana Street Parking District, and adopted Resolution No. 11313 (2022
Series) modifying the Residential Parking permit District for the Dana Street area
establishing the issuance of limited daytime use permits (8:00am - 6:00pm) for
commercial properties. On April 19, 2022, Council adopted Ordinance No. 1710 (2022
Series).
On November 7, 2023, Council directed staff to return with proposed changes necessary
to authorize the Public Works Director to implement a program that will allow for more on-
street parking utilization on Dana Street.
On July 16, 2024, the City Council introduced Ordinance No. 1737 (2024 Series),
amending Title 10, Chapter 36 of the Municipal Code to remove all specific mentions of
the Dana Street Preferential Parking District. At the same meeting, Resolution No. 11510
(2024 Series) was adopted, authorizing the Public Works Director to make temporary
modifications to the Dana Street Parking District until completion of construction of the
Cultural Arts District Parking Structure including, but not limited to adjusting the interior
boundaries within the existing district, the eligible properties within the boundary, the
number of permits issued to those properties, and imposing or modifying hours -of-use
restrictions.
Public Engagement
In accordance with the City’s noticing requirements for proposing amendments to the
Municipal Code, a legal ad was published in The New Times on July 4, 2024, 10 days
prior to introduction of the ordinance and an additional legal ad will be published on
August 15, 2024, 5 days prior to the second reading on August 20, 2024. Additionally,
contents of the ads will be published to the City’s website, with e -notifications sent to
subscribers of City News. The public will have an opportunity to provide public comment
in writing prior to the meeting or as public comment during the meeting. The Council
Agenda Report for the July 16, 2024, Council meeting discusses the community outreach
and engagement efforts completed prior to the Public Hearing.
CONCURRENCE
The City’s Attorney’s Office and Finance Department concur with staff’s recommendation.
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 135 of 403
Item 5h
FISCAL IMPACT
Budgeted: No Budget Year: 2024-25
Funding Identified: N/A
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
Fees
Other:
Total $ $ $ $
There are no costs or additional revenue as a result of the proposed changes.
ALTERNATIVES
1. Modify the ordinance as proposed. The City Council may modify the ordinance
before adoption. Depending on the type of changes proposed, modification of the
ordinance may require reintroduction and then adoption during subsequent public
hearings, which will delay implementation of the ordinance.
2. Do not adopt the ordinance. Staff does not recommend this alternative since the
existing Municipal Code sections which governs residential parking permit districts
does not allow for good utilization of on-street parking spaces in the Dana Street
Residential Parking District.
ATTACHMENTS
A - Ordinance No. 1737 (2024 Series)
B - Resolution No. 11510 (2024 Series)
Page 136 of 403
O 1737
ORDINANCE NO. 1737 (2024 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, City Council approved the establishment of the Dana Street Parking
District via Resolution number 11068 (2020 Series) on January 14, 2020; and
WHEREAS, on November 7, 2023, the Council of the City of San Luis Obispo
directed staff to evaluate the utilization of parking on Dana Street and to return to Council
with recommendations to be implemented by the Public Works Director; and
WHEREAS, Dana Street occupancy counts from Spring 2024 show parking on the
street is underutilized; and
WHEREAS, there is one 16-unit multi-family property located at 421 Dana Street
that is presently excluded from the preferential parking district; and
WHEREAS, commercial permit holders are presently restricted to daytime use
only; and
WHEREAS, the construction of the Cultural Arts District Parking Structure
(CADPS) is impacting parking availability on surrounding streets; and
WHEREAS, the inclusion of all properties on Dana Street into the preferential
parking district and the removal of existing restrictions on commercial permits will
increase parking utilization on Dana Street without adding disruption to residents and
businesses on Dana Street; and
WHEREAS, because construction-related disruption to parking on and around
Dana Street is a temporary condition, parking needs in that area will require re-evaluation
throughout and after construction, including adoption of temporary modifications to the
Dana Street Parking District during construction of the CADPS.
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, titled
Designation of residential parking permit areas – Adoption of resolution, is hereby
amended to read as follows:
Page 137 of 403
Ordinance No. 1737 (2024 Series) Page 2
O 1737
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 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 t he 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 -multifamily units of
less than five dwelling units, unless otherwise approved via resolution of
the Council.
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 finding that the
establishment of the district represents the desire of a majority of the addressed
units of the area.
Page 138 of 403
Ordinance No. 1737 (2024 Series) Page 3
O 1737
SECTION 2. Section 10.36.200 of the San Luis Obispo Municipal Code, titled
Limitations on parking in a preferential permit parking area, is her eby amended to read
as follows:
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 destination 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 t o allow the daily
parking of vehicles. Any vehicle not displaying the proper or authorized
identification shall be subject to citation.
SECTION 3. Section 10.36.220 of the San Luis Obispo Municipal Code, titled
Preferential parking permit – Issuance, is hereby amended to read as follows:
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 pr operty 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.
Page 139 of 403
Ordinance No. 1737 (2024 Series) Page 4
O 1737
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 prope rty 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 of this
section, 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 of this
section, 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.
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 California Environmental Quality Act (CEQA) Guidelines Sec. 15378.
Page 140 of 403
Ordinance No. 1737 (2024 Series) Page 5
O 1737
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 16th day of July 2024, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 2024, 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 141 of 403
Page 142 of 403
R 11510
RESOLUTION NO. 11510 (2024 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, MODIFYING THE PREFERENTIAL PARKING
PERMIT DISTRICT FOR THE DANA STREET AREA OF THE CITY,
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO MAKE
TEMPORARY MODIFICATIONS TO THE DANA STREET PARKING
DISTRICT
WHEREAS, City Council approved the establishment of the Dana Street Parking
District via Resolution number 11068 (2020 Series) on January 14, 2020; and
WHEREAS, on November 7, 2023, the Council of the City of San Luis Obispo
directed staff to evaluate the utilization of Dana Street and to return to Council with
recommendations that the Public Works Director can authorize and implement; and
WHEREAS, Dana Street occupancy counts from Spring 2024 show parking on the
street is underutilized, there is one 16-unit multi-family property located at 421 Dana
Street that is not included in the preferential parking district, and commercial permit
holders are restricted to daytime use only; and
WHEREAS, the construction of the Cultural Arts District Parking Structure
CADPS) is causing impacts to parking on surrounding streets; and
WHEREAS, the inclusion of all properties on Dana Street and removing existing
restrictions on permits will increase parking utilization on Dana Street without adding
disruption to residents and businesses on Dana Street; and
WHEREAS, the Council of the City of the City of San Luis Obispo has held a public
hearing to consider the modification of the Dana Street Preferential Parking Permit District
and has determined that allowing the Public Works Director authorization to make
temporary modifications to the Dana Street Parking district will provide better utilization
of parking spaces on Dana Street while balancing the effects of the construction of
CADPS.
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 preferential parking permit district boundaries are hereby established
to include all residential addresses on Dana Street and the commercial properties located
at the corners of Dana and Nipomo Streets as shown in Exhibit A.
Docusign Envelope ID: 2926833B-C9E7-40F6-BCEE-3B61A98A69BB
Page 143 of 403
Resolution No. 11510 (2024 Series) Page 2
R 11510
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 Dana Street 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.
SECTION 4. The Public Works Director shall issue preferential parking permits 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. Approval. The Public Works Director or their designee is authorized
to make temporary modifications to the Dana Street Parking District until the completion
of construction of CADPS including but not limited to adjusting the interior boundaries
within the existing district, the eligible properties within the boundary, the number of
permits issues to those properties, and imposing or modifying hours-of-use restrictions.
SECTION 6. Notification. Staff will provide advance notification to the district
properties to provide an opportunity for input through mailed notices and community
meetings prior to implementation of any changes authorized by the Public Works Director.
SECTION 7. Report to Council. Upon completing construction and the opening of
the Cultural Arts District Parking Structure, Staff shall review the utilization of the Dana
Street District and evaluate the need for a continued residential district on Dana Street
and return to Council with recommendations.
Docusign Envelope ID: 2926833B-C9E7-40F6-BCEE-3B61A98A69BB
Page 144 of 403
Resolution No. 11510 (2024 Series) Page 3
R 11510
SECTION 8. Environmental Review. The California Environmental Quality Act
CEQA) does not apply to the recommended action in this report because the
recommended action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
The adoption of parking structure and parking permit rates is considered an administrative
activity of a government agency that will not result in direct or indirect physical impacts
on the environment.
Upon motion of Council Member Shoresman, seconded by Vice Mayor Pease, and
on the following roll call vote:
AYES: Council Member Francis, Marx, Shoresman, Vice Mayor Pease, and
Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16th day of July 2024.
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
Docusign Envelope ID: 2926833B-C9E7-40F6-BCEE-3B61A98A69BB
7/19/2024 | 10:09 AM PDT
Page 145 of 403
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Docusign Envelope ID: 2926833B-C9E7-40F6-BCEE-3B61A98A69BB
Page 146 of 403