HomeMy WebLinkAboutO-1707 amending Title 10, Chapter 36 (Stopping, Standing and Parking for Certain Purposes or in Certain Places)O 1707
ORDINANCE NO. 1707 (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
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 residential parking permit districts within city limits; and
WHEREAS, the Council of the City of San Luis Obispo has determined that the
existing formation process is outdated, and revisions are necessary to meet the needs of
commercial and residential properties within the City.
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:
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 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-
DocuSign Envelope ID: D4EA6045-1A45-4C94-8149-C45A545E7CE0
Ordinance No. 1707 (2022 Series) Page 2
O 1707
multifamily units of less than five dwelling units with the exception of the
preferential parking permit district on Dana Street which allows for multifamily 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 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. (Ord. 1694 § 1, 2021; Ord. 1454 § 1, 2004: Ord. 1412 § 2 (part),
2002; Ord. 1264 § 1, 1994: prior code § 3209.17)
SECTION 2. Section 10.36.180 (designation of residential parking permit areas –
Content of resolution) of the San Luis Obispo Municipal Code is hereby amended to read
as follows:
10.36.180 Designation of preferential parking permit areas—Content of
resolution.
The resolution designating an area of the city as a preferential 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, as specified by a sixty percent majority of
the addressed units in the district, when parking will be limited to those vehicles.
(Ord. 1454 § 2, 2004: Ord. 1412 § 2 (part), 2002: Ord. 1264 § 2, 1994: prior code
§ 3209.18)
SECTION 3. Section 10.36.190 (designation of residential parking permit areas –
Sign posting) of the San Luis Obispo Municipal Code is hereby amended to read as
follows:
DocuSign Envelope ID: D4EA6045-1A45-4C94-8149-C45A545E7CE0
Ordinance No. 1707 (2022 Series) Page 3
O 1707
10.36.190 Designation of preferential parking permit areas—Sign posting.
Upon adoption of a resolution by the council designating an area of the city as a
preferential parking permit area, the director of public works or their designee(s)
shall cause appropriate signs to be erected along the streets identified in the
resolution which shall give notice of the limitation on the parking of vehicles in the
area as provided in Section 10.36.170, and shall indicate the hours and days when
such limitations shall be in effect. (Ord. 1628 § 25, 2016: prior code § 3209.19)
SECTION 4. Section 10.36.200 (Limitations on parking in a residential 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 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.
(Ord. 1454 § 3, 2004: Ord. 1264 § 3, 1994: prior code § 3209.20)
SECTION 5. Section 10.36.220 (Residential parking permit - Issuance) of the San
Luis Obispo Municipal Code is hereby amended to read as follows:
DocuSign Envelope ID: D4EA6045-1A45-4C94-8149-C45A545E7CE0
Ordinance No. 1707 (2022 Series) Page 4
O 1707
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.
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)
SECTION 6. Section 10.36.221 (Lost, stolen, or defaced permit replacement) of
the San Luis Obispo Municipal Code 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. If
the replacement permit is again lost, stolen, or defaced, a replacement permit will
be issued for an additional fee. 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 occupancy, at the office of the city parking manager.
DocuSign Envelope ID: D4EA6045-1A45-4C94-8149-C45A545E7CE0
Ordinance No. 1707 (2022 Series) Page 5
O 1707
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
occupants and their bona fide visitors.
Any occupant and/or property owner found to misrepresent themselves for the
purposes of fraudulently obtaining preferential parking permits shall lose their right
to said permits. (Ord. 1694 § 3, 2021; Ord. 1454 § 5, 2004: Ord. 1264 § 5, 1994)
SECTION 7. Section 10.36.230 (Residential parking permits – Display required)
of the San Luis Obispo Municipal Code is hereby amended to read as follows:
10.36.230 Preferential 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. The method of display shall
be clearly stated on the rear of the permit. (Ord. 1264 § 6,1994: prior code §
3209.23)
SECTION 8. Section 10.36.232 (Enforcement) of the San Luis Obispo Municipal
Code is hereby amended to read as follows:
10.36.232 Enforcement.
Enforcement of the preferential parking permit district shall be on a regular and
routine basis, and may be on a complaint basis by occupants 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. (Ord. 1412 § 2
(part), 2002: Ord. 1264 § 7, 1994)
SECTION 9. 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 10. 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.
DocuSign Envelope ID: D4EA6045-1A45-4C94-8149-C45A545E7CE0
Ordinance No. 1707 (2022 Series) Page 6
O 1707
SECTION 11. 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 Tribune, 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 11th day of January, 2022, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the 15th day of February 2022, on the
following vote:
AYES: Council Member Marx, Pease, Shoresman, Vice Mayor
Christianson, 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: D4EA6045-1A45-4C94-8149-C45A545E7CE0
2/18/2022 | 11:21 AM PST