HomeMy WebLinkAboutO-1710 amending Title 10, Chapter 36, allowing for Limited Daytime Use Permits in the Dana Street Parking DistrictO 1710
ORDINANCE NO. 1710 (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
ALLOWING FOR THE ISSUANCE OF LIMITED DAYTIME USE PERMITS
IN THE DANA STREET PARKING DISTRICT
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 preferential parking permit districts within city limits;
and
WHEREAS, on January 14, 2020, the Council of the City of San Luis Obispo
conducted a public hearing with a 4-0-1 vote to approve the establishment of a preferential
parking permit district in the Dana Street area ; and
WHEREAS, on March 2, 2021, the Council of the City of San Luis Obispo
conducted a public hearing with a 3 -1-1 vote to approve the expansion of the existing
preferential parking permit district in the Dana Street area to the entire block and to allow
multi-family properties of up to eight units to receive parking permits; and
WHEREAS, the City has received correspondence from commercial properties
adjacent to the preferential parking permit district in the Dana Street area requesting
approval to be issued daytime use permits in support of their business operations; and
WHEREAS, the Council of the City of San Luis Obispo received a staff report
which indicated that limited daytime use through the issuance of daytime parking permits
for businesses immediately adjacent to Dana Street would not generate damand that
exceeds parking supply on Dana Street.
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:
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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-multifamily units of less than five dwelling
units with the exception of the preferential parking permit district on Dana
Street which will allows for the following modifications:
i. 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.
ii. Commercial properties located on or immediately adjacent to Dana
Street to be eligible to receive limited daytime use permits.
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 cha racter
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 an d 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.
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C. The council may, by resolution, designate an area of the ci ty 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 10.36.200 (Limitations on parking in a prefernential 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 identi fied
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. Vehicles displaying a limited daytime use permit parked in the Dana Street
preferential parking district during the hours and on the days set fo rth in the
resolution that established the district; or
E. 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 permit s. If the temporary exemption is
granted by the parking manager, all vehicles which have as their destinat ion 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. 1 454 § 3, 2004: Ord. 1264 § 3,
1994: prior code § 3209.20)
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SECTION 3. Section 10.36.220 (Preferential parking permit - Issuance) of the San
Luis Obispo Municipal Code is hereby amended to read as follows:
10.36.220 Preferential parking permit—Issuance.
A. For preferential parking permits issued to residential properties, t he 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, with the exception of commercial properties immediately
adjacent to the preferential parking district on Dana Street which qualify to
receive up to two limited daytime use permits per addressed unit as set forth in
the resolution that established that distr ict. 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)
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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 unenforcea ble.
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
CEQA Guidelines Sec. 15378.
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 15th day of March 2022, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 19th day of April 2022, on the following vote:
AYES: Council Member Marx, Shoresman, Vice Mayor Christianson, and
Mayor Stewart
NOES: None
RECUSED: Council Member Pease
___________________________
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
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4/21/2022 | 3:27 PM PDT