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HomeMy WebLinkAbout15. Preferential Parking Program AGENDA MEMO DATE: June 13, 2011 TO: Mayor and Members of the City Council FROM: Office of the City Manager By: John Oskoui, P.E., Director of Public Works SUBJECT: RESIDENTIAL PREFERENTIAL PARKING DISTRICT PROGRAM RECOMMENDATION: That the City Council adopt: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE III, CHAPTER 1, PART 12, OF THE DOWNEY MUNICIPAL CODE ADDING A NEW SECTION 3178 ESTABLISHING RESIDENTIAL PREFERENTIAL PARKING DISTRICTS. BACKGROUND: The City currently has no mechanism in-place for establishing preferential parking districts within the City. Recently, direction was given to staff to develop a program in order to provide such a mechanism to provide on-street parking relief for residential neighborhoods which become impacted due to overflow parking from nearby non- residential uses. California Vehicle Code Section 22507(a) gives local agencies the authority, by ordinance or resolution, to establish districts in which parking privileges are given to residents or merchants by issuing permits to the residents or merchants exempting them from parking restrictions or prohibitions where posted on public streets within the particular district. On March 17, 2011, the Public Works committee recommended to forward this matter to the City Council to consider the adoption of an ordinance establishing a citywide residential preferential parking district program, provided that applicants of the preferential parking districts be charged for the cost of implementing and administering the parking districts. The subject ordinance was introduced at the City Council meeting of May 24, 2011. The City Council approved the item. DISCUSSION A regulation is hereby proposed allowing the establishment of residential preferential parking districts provided that a minimum number of property owners request the program and that the districts meet specific requirements. Among the findings required for establishment of a district are: A petition containing the signature, printed name, date of signing, and address of owners of at least 75% of the dwelling units within the proposed district; CITY OF DOWNEY, CALIFORNIA Mayor and Members of the City Council Residential Preferential Parking District Program June 13, 2011 Page 2 The proposed parking district is 75% residential and includes whole blocks and both sides of a street, unless the City Traffic Engineer determines this to be impractical or undesirable; Multi-family properties, if any, within the proposed district boundaries consist of duplexes, triplexes or four-plexes only; There exists a shortage of reasonably available and convenient residential- related parking spaces in the proposed district; At least 75% of the on-street parking spaces within the proposed district boundaries are occupied during the time of the requested parking prohibition or restriction; A minimum of 50% of the vehicles parked on the street during the proposed restricted or prohibited parking hours must be registered to nonresidents of the proposed district; A determination by the City Traffic Engineer that the size and boundaries of the proposed district constitutes a self-contained area and would not result in shifting the parking problem to an adjacent area; No alternative solution is practical or reasonable; Such criteria as the City Traffic Engineer determines necessary, including, but not limited to: The extent to which vehicles owned by residents could be accommodated o by off-street parking spaces; and The location and number of parking spaces available that would be o displaced in the proposed permit parking district. Following the City Traffic Engineer’s recommendation, the City Council will hold a public hearing, noticed at least 10 days in advance by publication in a newspaper of general circulation and by mailing to property owners and occupants of parcels in the proposed district. The City Council may choose to adopt a suggested resolution establishing a residential permit parking district if at least 50% of residents apply for parking permits within 60 days of the passage of the establishing resolution. Provided this requirement has been met, signs establishing parking restrictions with an exemption for permitted vehicles will be erected. If fewer than 50% of residents obtain permits, or if the number of permit holders falls below 50%, staff will request the City Council refer the matter to the Public Works Committee. Staff will then investigate the continued need of the district. If staff concludes that there is no longer a need for the district, a recommendation will then be made to the Public Works Committee, who will then refer the matter back to the City Council with a recommendation to remove the district, by resolution, through a public hearing noticed ten (10) days in advance. The City shall assess a fee to the applicant for the preparation of the study which will determine if the proposed preferential parking district meets the City’s criteria. The fee will be set by the City’s Fee Resolution and will be subject to change annually based on actual costs incurred for the conducting of the preferential parking studies. Mayor and Members of the City Council Residential Preferential Parking District Program June 13, 2011 Page 3 The Department of Finance will collect the fee for conducting the study in the form of a refundable deposit. The portion of the deposit needed to cover the costs in conducting the study will be retained by the City and the difference, if any, will be refunded to the applicant. The cost of administering the preferential parking program on an on-going basis, fabricating and installing the signs (including one set of replacement signs) and all other staff charges incurred as necessary to establish and eventually remove (if necessary) the district, will be recovered by the City annually through the charging of permit fees to the holders of preferential parking permits. Once a preferential parking district is established, parking permits must be issued to at least 50% of the residents within the district before signs designating the preferential parking district will be installed. If the minimum number of permits is not obtained within 60 days, or the number of permit holders drops below 50% following annual permit renewals, the district may be terminated by resolution of the City Council at a noticed public hearing. In addition, a preferential parking district may be terminated by resolution of the City Council through a noticed public hearing upon receipt and verification of a petition signed by a majority (50% plus one) of the property owners within an established district. Such determination shall be based upon a finding that the conditions set forth in the establishing resolution no longer exist or have diminished to such extent that the continuation of the district is unnecessary. FISCAL IMPACT There will be considerable staff time expended in responding to and investigating requests for residential preferential parking districts, including time spent verifying the validity of petition signers, generating GIS maps and estimating available parking, conducting traffic surveys, determining the residency status of parked vehicles, photographing current conditions, and composing resolutions and noticing public hearings if the establishment of a district is recommended and the procurement and installation of the parking restriction or prohibition signs. In addition, staff time will be required on an on-going basis for administering districts once they are in-place, including the fielding of phone calls and e-mail messages from residents, issuing permits, evaluating the on-going need for the established districts and the time required in the potential removal of any established districts. Based on a recent test case conducted in response to a request to establish a residential permit parking district in one of the City’s neighborhoods, the total cost for Mayor and Members of the City Council Residential Preferential Parking District Program June 13, 2011 Page 4 establishing the district, had it been established, was estimated at $5,000. In addition, annual permit fees will be initially set at $25 per year for both residential and guest permits. This amount may increase over time depending on actual costs for establishing, administering and removing any districts. The actual costs and revenue accrued over time will depend on how many districts are actually established. Attachment: Ordinance S:\AgendaMemosCC2011\06-13-11\PreferentialParkingProgramAdoptOrdinance ORDINANCE NO. 11-______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING ARTICLE III, CHAPTER 1, PART 12, OF THE DOWNEY MUNICIPAL CODE BY ADDING A NEW SECTION 3178 ESTABLISHING RESIDENTIAL PREFERENTIAL PARKING DISTRICTS. WHEREAS , the City of Downey is a charter city under the Constitution of the State of California and has the authority to exercise all powers and privileges granted to a charter city; WHEREAS , the City of Downey has established the Downey Municipal Code which consists of all of the regulatory and penal and of certain of the administrative ordinances of the City of Downey; WHEREAS , the City has the authority to establish and enforce certain parking and driving provisions on municipal streets and roadways; and WHEREAS , it is necessary at times to establish restrictive parking regulations in order to provide on-street parking relief for the inhabitants of residential neighborhoods which have become impacted due to overflow parking from other nearby uses. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 . Section 3178 is hereby added to Article III, Chapter 1, Part 12 of the Downey Municipal Code to read as follows: SECTION 3178. ESTABLISHMENT OF RESIDENTIAL PERMITTED PARKING DISTRICTS. The City Council may designate, by resolution, certain residential streets or any portion thereof as residential preferential parking districts for the benefit of residents adjacent to such residential streets, in which vehicles displaying a permit may be exempt from parking prohibitions or restrictions otherwise posted, marked or noticed. Each residential preferential parking district shall be established only upon finding that such a district is required to provide on-street parking relief for the inhabitants of residential neighborhoods which have become impacted due to overflow parking from nearby uses which are unable to contain their onsite parking demand. No resolution designating a residential preferential parking district shall be enforceable until signs or markings giving adequate notice have been placed. (a) The Permit Parking Exemption is subject to the following conditions: 1) A motor vehicle on which is properly displayed a residential parking permit, as provided for herein, shall be permitted to stand or be parked in the designated parking district for which the permit has been issued without being limited by time restrictions established for the street(s) within that district. Any authorized motor vehicle which does not display such permit shall be subject to a citation. 2) A residential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated parking district. 3) This section shall not be interpreted or applied in a manner that shall abridge or alter regulations established by authority other than this section. 4) This section shall not exempt the permit holder from other traffic controls and regulations existing in the designated parking district, including parking restrictions or prohibitions in effect citywide for purposes such as street sweeping, roadwork, discouraging overnight disturbances, or similar notices. ORDINANCE NO. PAGE TWO 5) This section shall not allow the permit holder to stop, park, or leave standing her or his vehicle for more than seventy-two (72) hours. (b) Exemption of Certain Vehicles; Permit Display 1) No person shall, without a properly displayed parking permit, park, stop or leave standing any authorized motor vehicle in a residential preferential permit parking district in excess of the parking restrictions or where parking prohibitions have been established for the street(s) within the district, except for the following: I. Otherwise lawfully parked repair, service, maintenance, refuse, utility, fuel, delivery or city vehicles parked for reasonable amounts of time while conducting business within the residential preferential parking district; II. Police, fire, or other law enforcement, public safety, or emergency vehicles operated by or under the authority of a governmental entity while engaged in the performance of official duties; or III. Otherwise lawfully parked motor vehicles used by disabled persons meeting the requirements of section 22511.5 of the California Vehicle Code and displaying disabled plates or placards. 2) The City Traffic Engineer is authorized to establish rules and regulations, not inconsistent with this section, concerning the issuance and display of parking permits to permit holders. Parking permits (which may be decals or such other type of material as the City Traffic Engineer shall determine) shall be affixed according to the instructions on or accompanying the permit. (c) Designation of a Residential Permit Parking District 1) An area shall be evaluated for designation as a residential permit parking district if residents of the proposed parking district submit an application with a petition that contains, at minimum, the following elements: I. A description and/or map showing the proposed district; II. A petition containing the signature, printed name, date of signing, and address of owners of at least 75% of the dwelling units within the proposed district; III. The name and telephone number of the applicant(s) who will be the designated representative for the application; and IV. The requested hours and days of the parking restriction or prohibition. 2) The eligibility of a proposed residential parking permit district shall be evaluated upon the basis of the following criteria: I. The proposed parking district is at least half (50%) single-family residential and includes whole blocks. For purposes of this section, “whole block” shall be defined as the entire portion of a street block from intersection to intersection. The proposed parking district shall also include both sides of a street, unless the City Traffic Engineer determines this to be impractical or undesirable; II. Multi-family properties, if any, within the proposed district boundaries consist of duplexes, triplexes or four-plexes only; III. At least 75% of the on-street parking spaces within the proposed district boundaries are occupied during the time of the requested parking prohibition or restriction; ORDINANCE NO. PAGE THREE IV. A minimum of 50% of the vehicles parked on the street during the proposed restricted or prohibited parking hours must be registered to non- residents of the proposed district. For purposes of this section, “non- resident” shall be defined as an individual who resides outside of the district boundaries; V. A determination by the City Traffic Engineer that the size and boundaries of the proposed district provides a self-contained area and would not result in shifting the parking problem to an adjacent area; VI. No alternative solution is practical or reasonable; VII. Such other criteria as the City Traffic Engineer determines necessary, including but not limited to: 1. The extent to which vehicles owned by residents of the area could be accommodated by off street parking spaces; and 2. The location and number of parking spaces available that would be displaced in the proposed permit parking district. 3) After an application and petition meeting the eligibility requirements is received by the Traffic Engineer shall cause to be undertaken surveys or studies as necessary, and after completion of all necessary surveys and studies, shall notify the applicant whether the establishment of a residential preferential parking district will be recommended to the Public Works Committee, followed by the City Council. I. The City shall assess a fee to the applicant for the preparation of the study which will determine if the proposed preferential parking district meets the City’s criteria. The fee will be set by the City’s Fee Resolution and will be subject to change annually based on actual costs incurred for conducting the preferential parking studies. II. The fee will be collected in the form of a refundable deposit. The Department of Finance will retain the portion of the refundable deposit needed to cover the costs in conducting the study and the difference, if any, will be refunded to the applicant at the conclusion of the study. 4) Upon recommendation of the City Traffic Engineer, the City Council shall hold a public hearing for the purpose of determining whether a proper basis exists for making findings outlined in section 3178.1(c)(ii). Notice of such public hearing shall be given at least ten (10) days prior to the hearing by publication in a newspaper of general circulation and by mailing to the property owners as shown on the last equalized assessment roll, and to the occupants of each parcel in the proposed district and within 400 feet of the proposed district boundaries. 5) Once a resolution establishing a residential preferential parking district is established, parking permits must be issued to at least 50% of residents in the district before signs will be installed designating the preferential parking district. If the minimum number of permits is not obtained within 60 days, or the number of permit holders drops below 50% following annual permit renewals, the residential preferential parking district may be terminated by resolution of the City Council at a public hearing noticed as described above. 6) Upon receipt and verification of a petition signed by a majority (50% plus one) of the property owners within an established district, a residential preferential parking district may be terminated by resolution of the City Council at a public hearing noticed as described above. Such determination shall be based upon a finding that the conditions set forth in the establishing resolution no longer exist ORDINANCE NO. PAGE FOUR or have diminished to such extent as to make unnecessary the continuation of the district. (d) Issuance of Parking Permits 1) The City Traffic Engineer shall issue residential parking permits for residential preferential parking district applicants who have completed an application form supplied by the City. Applicants for such permits shall present such proof of residence through a utility bill, vehicle registration, or proof of auto insurance. Not more than two residential permits may be issued for each dwelling unit. The residential permit(s) will be issued to the owner or occupant for single family dwelling units and to the owner or his/her authorized representative for multi-family dwelling units. Applicants requesting more than two residential permits may be granted one additional permit, up to a maximum of three residential permits per dwelling unit, upon successful demonstration to the City Traffic Engineer that any of the following conditions exist: I. There are more than three vehicles registered at the address of such dwelling unit and that sufficient off-street parking is not available to the applicants during the effective hours of the preferential parking zone; II. Unique physical conditions, not created by the property owner, limiting the resident’s ability to park motor vehicles on site; and III. All legally authorized (code permitted) parking areas are being used for parking purposes by current licensed and operable vehicles The Finance Department shall collect a fee for each permit issued. The fee shall be established by resolution of the City Council. 2) Permits issued pursuant to this section, with the exception of visitor permits, shall remain effective so long as the applicant continues to reside at the address set forth on the application and continues to own the vehicle to which the permit is attached, and so long as the district for which the permit was issued remains in effect. 3) Any resident eligible for a preferential parking permit may also apply for a visitor parking permit for the use of visitors to the home of the applicant. No more than one visitor preferential parking permit shall be issued for any dwelling at any time. The visitor parking permit(s) will be issued to the owner or occupant for single family dwelling units and to the owner or his/her authorized representative for multi-family dwelling units. Visitor preferential parking permits shall be valid for a period of one year and may be exchanged annually for new visitor permits or returned for a refund at any time. Visitor preferential parking permits shall not be replaced if stolen or lost except upon the payment of an additional fee as required. 4) Permits shall be placed upon or inside a vehicle as specified in the instructions accompanying the permit issued by the City Traffic Engineer. 5) Each permit shall be subject to all conditions and restrictions set forth in this section and of the residential preferential parking district for which it is issued. The issuance of such a permit shall not be construed to be a permit for, or approval of, any violation of any provision of this code or any other laws or regulations. ORDINANCE NO. PAGE FIVE 6) Such fees as may be required shall be set from time to time by resolution of the City Council and shall be subject to change annually depending on actual costs incurred by the City for administering the program, fabricating and posting the signs (including one set of spare signs) and all other staff charges incurred as necessary to establish and eventually remove (if necessary) the district. 7) The number of permits issued for a given district shall not exceed 150% of the total number of available on-street parking spaces within the given district. 8) Permits shall not be issued to the following types of vehicles: I. Semi tractor trucks II. Motorhomes III. Motorcycles IV. Boat, travel and utility trailers. V. Vehicles posted for Sale. VI. Any commercial vehicle pursuant to Section 3185(b) of the Downey Municipal Code. SECTION 2. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this Ordinance which can be given effect without the invalid provisions or applications and, to this end, the provisions of this Ordinance are hereby declared to be severable. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published and posted in the manner required by law. APPROVED AND ADOPTED this ____day of ________, 2011. ______________________________ LUIS H. MARQUEZ, MAYOR ATTEST: _______________________________ JOYCE E. DOYLE, Interim City Clerk ORDINANCE NO. PAGE SIX STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF DOWNEY ) I HEREBY CERTIFY that the foregoing Ordinance No. 11 – _______ was introduced at h a regular meeting of the City Council of the City of Downey held on the day of 2011, and adopted at a regular meeting of the City Council of the City of Downey held on the _______ day of _________, 2011, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 11 – ______, was published in a newspaper of general circulation in the City of Downey, on __________, 2011 (after introduction), and on _________, 2011 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. _____________________________ JOYCE E. DOYLE, Interim City Clerk