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Home My WebLink AboutO-1694 amending Municipal Code Title 10 Chapter 36 regarding stopping, standing and parking for certain purposes or in certain placesO 1694 ORDINANCE NO. 1694 (2021 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, on December 8, 2020, the Council of the City of San Luis Obispo directed staff to survey multi-family properties of five to eight units along Dana Street to ensure a majority of these properties wish to be included in the Dana Street Residential Parking District; and WHEREAS, the Council of the City of San Luis Obispo authorized the issuance of one parking permit per multi-family dwelling unit if the survey results demonstrate sufficient support for the inclusion of multi-family properties of five to eight units in the Dana Street Residential Parking District; and WHEREAS, the results of the survey demonstrated sufficient support amongst multi- family properties of five to eight units to be included in the Dana Street Residential Parking District; and WHEREAS, specific sections of Title 10 Chapter 36 of the Municipal Code must be modified to allow for the multi-family properties of five to eight units to be included in the Dana Street Residential Parking District and to be eligible to receive parking permits. 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, entitled Designation of residential parking permit areas—Adoption of resolution, is hereby amended to read as follows: 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 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 the designation is supported by a majority of the affected households as indicated by a city survey of the affected households in which a sixty percent majority of participating households is required; or Ordinance No. 1694 (2021 Series) Page 2 O 1694 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 character of the existing neighborhood as defined in resident petition and approved by a sixty percent majority of households in the area. Households will be determined using the city’s address database (there may be more than one household per parcel) and will be limited to non-multifamily units of less than five dwelling units with the exception of the residential parking permit district on Dana Street which allows for multi-family 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 in the area is necessary in order to preserve the character of the existing neighborhood for the persons residing in the area, the council shall consider the negative effect of vehicles parked by persons not residing 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 in the area gaining access to their residences. 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 households 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. SECTION 2. Section 10.36.220 of the San Luis Obispo Municipal Code, entitled Residential parking permit – Issuance, 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 roll within each residential parking permit area established by resolution as set forth in Section 10.36.180. Qualified households that have multiple, separate dwelling units shall be 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 with exception of multi-family units of five to eight units in the Dana Street residential parking permit district which shall be eligible to receive permits equal to one per dwelling unit per 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. Ordinance No. 1694 (2021 Series) Page 3 O 1694 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. Fees for residential parking permits shall be established by city council resolution. 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 3. Section 10.36.221 of the San Luis Obispo Municipal Code, entitled Lost, stolen, or defaced permit replacement, 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 of twenty dollars. If the replacement permit is again lost, stolen, or defaced, a replacement permit will be issued for a fee of thirty dollars. 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 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. 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 household until the beginning of the next permit year and shall be guilty of an infraction. SECTION 4. 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. The amendments to the Municipal Code do not constitute a “Project” under CEQA Guidelines Sec. 15378. Ordinance No. 1694 (2021 Series) Page 4 O 1694 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 2nd day of March 2021, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 6th day of April 2021, on the following vote: AYES: Council Member Christianson, Marx, Vice Mayor Stewart, and Mayor Harmon NOES: None RECUSED: Council Member Pease ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ Markie Jorgensen Assistant 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