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Home My WebLink About09/07/2004, C3 - ADOPTION OF ORDINANCE NO. 1454 AMENDING MUNICIPAL CODE CHAPTER 10.36 PERTAINING TO THE ESTABLISHMEN council Septeto mber 7.2004 acEnaa REpont C 3 C I T Y O F S A N L U I S O B I S P O FROM: Michael McCluskey,Director of Public Works Prepared By: Robert Horch,Parking Manager SUBJECT: ADOPTION OF ORDINANCE NO. 1454 AMENDING MUNICIPAL CODE CHAPTER 1036 PERTAINING TO THE ESTABLISHMENT OF RESIDENTIAL PARKING PERMIT DISTRICTS CAO RECOMMENDATION Adopt Ordinance No. 1454, amending Chapter 10.36 of the San Luis Obispo Municipal Code. DISCUSSION On August 17, 2004, the Council voted 4:0 to introduce Ordinance No. 1454 to print (Schwartz absent). This ordinance amends chapter 10.36 of the Municipal Code to provide additional clarity and direction in the procedures and requirements to establish a residential parking permit district within the City of San Luis Obispo. Ordinance No. 1454 is now ready for final passage and will become effective thirty days after the date of its final passage. ATTACHMENT Ordinance 1454 (Series 2004) IMCouncil Agenda Reports\2004 agenda reportsMansportation and Development Review(Bochum)\Parking(Horch)\CAR Final Hearing I454.DOC C3 -1 ORDINANCE NO. 1454 (2004 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING SECTION 10.36.170 (DESIGNATION OF REDSIDENTIAL PARKING PERMIT AREAS —ADOPTION OF RESOLUTION) AND AMENDING SECTION 10.36.180 (DESIGNATION OF RESIDENTIAL PARKING PERMIT AREAS —CONTENT OF RESOLUTION) AND AMENDING SECTION 10.36.200 (LIMITATIONS ON PARKING IN A RESIDENTIAL PERMIT PARKING AREA) AND 10.36.220 (RESIDENTIAL PARKING PERMIT—ISSUANCE) AND 10.36.221 (LOST, STOLEN, OR DEFACED PERMIT REPLACEMENT) OF CHAPTER 10.36 (STOPPING, STANDING AND PARKING FOR CERTAIN PURPOSES OR IN CERTAIN PLACES) OF THE CITY OF SAN LUIS OBISPO MUNICIPAL CODE WHEREAS, State law provides cities the authority to establish regulations to control the parking of vehicles within the jurisdiction of the governing body; and WHEREAS, the Council of the City of San Luis Obispo has determined that revisions to the existing formation process of residential parking permit districts is necessary to promote the health, safety and welfare of the community. 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 the designation is supported by a majority of the affected households as indicated by a City survey of the affected households in which a 60% majority of participating households is required; 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 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 (5) dwelling units. B. In determining whether limiting the parking 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: a) environmental characteristics such as ambient noise levels and air C3 - a pollution levels; b) pedestrian and vehicular traffic safety in the area; and c) 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. (Ord. 1412 § 2 (part), 2002; Ord. 1264§ 1, 1994: prior code § 3209.17) SECTION 2. Section 10.36.180 of the San Luis Obispo Municipal Code is hereby amended 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, as specified by a sixty percent majority of the households in the district, when parking will be limited to those vehicles. (Ord. 1412 § 2 (part), 2002: Ord. 1264 § 2, 1994: prior code § 3209.18) SECTION 3. Section 10.36.200 of the San Luis Obispo Municipal Code is hereby amended 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 household 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 residential permit parking area, including but not limited to a delivery vehicle; or 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. (Ord. 1264 § 3, 1994: prior code § 3209.20) C3- 3 SECTION 4. Section 10:36.220 of the San Luis Obispo Municipal Code is hereby amended 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 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. 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. (Ord. 1264 § 4, 1994: prior code § 3209.21) SECTION 5. Section 10.36.221 of the San Luis Obispo Municipal Code is hereby amended 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 fifteen dollars. If the replacement permit is again lost, stolen, or defaced, a replacement permit will be issued for a fee of twenty-five 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. (Ord. 1264 § 5, 1994) SECTION 6. A summary of this ordinance, approved by the City Attorney, together with the names of the Council members voting for and against it, shall be published at least five days prior to its final passage, in the Tribune, a newspaper published and circulated in this City. This ordinance will go into effect at the expiration of thirty (30) days after its final passage. 0-3- 4 INTRODUCED on the 17th day of August 2004, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2004, on the following role call votes: AYES: NOES: ABSENT: Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jonat well, City Attorney