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Home My WebLink AboutO-1737 amending Title 10, Chapter 36, regarding Stopping, Standing and Parking for Cer 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: Docusign Envelope ID: 638444FA-6FC2-4C36-997C-7D525C631CCC 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 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-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. Docusign Envelope ID: 638444FA-6FC2-4C36-997C-7D525C631CCC 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 hereby 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 to 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 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. Docusign Envelope ID: 638444FA-6FC2-4C36-997C-7D525C631CCC 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 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 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. Docusign Envelope ID: 638444FA-6FC2-4C36-997C-7D525C631CCC 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 20th day of August 2024, on the following vote: AYES: Council Member Francis, Marx, Shoresman, Vice Mayor Pease, and Mayor Stewart NOES: None ABSENT: None ___________________________ 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: 638444FA-6FC2-4C36-997C-7D525C631CCC 8/26/2024 | 7:39 AM PDT