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HomeMy WebLinkAbout1264ORDINANCE NO. 1264 (1994 SERIES) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING MUNICIPAL CODE SECTIONS 10. 36.170 (DESIGNATION OF RESIDENTIAL PARKING PERMIT AREAS -- ADOPTION), 10.36.180 (DESIGNATION OF RESIDENTIAL PARKING PERMIT AREA -- CONTENT), 10.36.200 (LIMITATIONS ON PARKING IN RESIDENTIAL PERMIT PARKING AREA), 10. 36.220 (RESIDENTIAL PARKING PERMIT- - ISSUANCE),. 10.36.230 (RESIDENTIAL PARKING PERMITS -- DISPLAY), AND DELETING SECTION 10.36.210 (APPLICATION - -FEE), AND ADDING SECTIONS 10.36.221 (LOST, STOLEN, OR DEFACED PERMIT REPLACEMENT), 10.36.232 (ENFORCEMENT), AND 10:36.233 (PARKING IN YARD) 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 is hereby amended to read as follows: 10.36.170 Designation of residential parking permit areas -- Adoption of resolution. A. The Council may, 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 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 quality of life of persons residing in the area. 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 quality of life of persons residing in the area, the Council shall consider the affect of vehicles parked by persons not residing in the area on ambient noise levels, air pollution levels, and other environmental characteristics. of the area; pedestrian and vehicular traffic safety in the area; and the burden on persons residing in the area in gaining access to their residences. (Prior code section 3209.17) EXHIBIT A Ordinance No. 1264 (1994 Series) Page Two 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 residents 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, from a majority of the residents of the area. SECTION 2. Section 10.36.180 of the San Luis Obispo Municipal Code is hereby amended to read as follows: 10.36.180 Designation of residential parking permit areas -- Content of resolution. The resolution designating an area of the. city as a residential 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 -when parking will be limited to those vehicles. (Prior code section 3209.18) SECTION 3. Section 10.36.200 . of the San Luis Obispo Municipal Code is hereby amended to read as follows: 10.36.200 Limitations on parking in a residential 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 residential 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 residence to which the permit is issued or within one adjoining district block; or Ordinance No. 1264 (1994 Series) Page Three 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 residential permit parking area, including but not limited to a delivery vehicle. (Prior code section 3209.20) D. District residents wishing to sponsor special one -day events which will exceed the number of parking permits available may contact the City Parking Manager and request a temporary, special -event exemption to the residential permit requirement. If the temporary exemption is granted by the Parking Manager, all vehicles which have as their destination a qualified residential permit address, shall display in clear view on the dashboard, written confirmation of the street address and date and time of the event. Further, special events shall be deemed infrequent occurrences and any regular requests for parking permit exemption 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 4. Section 10.36.220 of the San Luis Obispo Municipal Code is hereby 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 role within each residential parking permit area established by resolution as set forth in Section 10.36.180. Qualified residences that have multiple, separate dwelling units, shall be Ordinance No. 1264 (1994 Series) Page Four 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. 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 and shall be free of charge. The permits shall be considered part of the residential property and shall be transferred to the new property owner upon sale of the residence. SECTION 5. Section 10.36.221 is hereby added to the San Luis Obispo Municipal Code 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 $15.00. If the replacement permit is again lost, stolen, or defaced, a replacement permit will be issued for a fee of $25.00. No additional replacement permits shall be issued within a 12 -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. Ordinance No. 1264 (1994 Series) Page Five 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 residence until the beginning of the next permit year and shall be guilty of an infraction. SECTION 6. Section 10.36.230 of the San Luis Obispo Municipal Code is hereby amended to read as follows: 10.36.230 Residential 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. (Prior code section 3209.23) The method of display shall be clearly stated on the rear of the permit. SECTION 7. Section 10.36.232 is hereby added to the San Luis Obispo Municipal Code to read as follows: 10.36.232 Enforcement Enforcement of the residential parking permit district may be on a complaint basis by residents 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. SECTION 8. Section 10.36.233 is hereby added to the San Luis Obispo Municipal Code to read as follows: 10.36.233 Parking in Yard No person shall stop, park, or leave standing any vehicle, whether attended or Ordinance No. 1264 (1994 Series) Page Six unattended, within any street yard or upon any unpaved surface as defined in Section 17.16.020 and Section 12.38.040 of this Municipal Code. Parking on lawfully established driveways leading to approved parking spaces is exempt from this prohibition, provided such allowed driveway parking does not include parking on or over a public sidewalk. Any violation of this section shall be a civil penalty. SECTION 9. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least five (5) days prior to its final passage in the Telegram- Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the 22_Lthday of May 1994, on motion of Roalman , seconded by Rappa , and on the following roll call vote: AYES: NOES: ABSENT: ATTEST: Council Members,Roalman,.Rappa, Romero, Settle and Mayor Pinard None None i Mayor PeApinard It Clerk Diane . Gladwell APPROVED: ty orne Ordinance No. 1264 (1994 Series) FINALLY PASSED this 7th day of of Romero June , 1994, on motion seconded by Rappa and on the following roll call vote: AYES: Council Members Romero, Rappa, Roalman and Settle NOES: None ABSENT: Mayor Pinard Mayor Peg P and ATTEST: City lerk Diane Gl' well