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HomeMy WebLinkAboutOrdinance #2619 ORDINANCE NUMBER 2619 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO NEW CHAPTER 10. 42 ENTITLED, "RESIDENTIAL PARKING PERMIT". The City Council of the City of Huntington Beach, pursuant to the authority granted by the California Vehicle Code §22507 does ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding thereto new Chapter 10. 42 entitled, "Residential Parking Permit" to read as follows : 10. 42. 010 Definitions. For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out unless it shall be apparent from the context that they have a different meaning: (a ) Commuter vehicle shall mean a motor vehicle owned or controlled by a person who is not a resident of a residential parking permit area and parked in a residential parking permit area. (b) Resident shall mean a person, or his guest, who lives in a dwelling unit located in a residential parking permit area. (c) Residential parking permit area shall mean a street segment between intersections, designated by resolution of the City Council , wherein vehicles displaying a valid parking permit shall be exempt from parking restrictions established pursuant to the provisions of this chapter. 10. 42. 020 Designation of Parking District. The City Council may designate, by resolution, upon the streets thereof, residential parking districts and the director is authorized to establish parking restrictions. The resolution shall establish the streets and boundaries of such districts. Designation Process and Criteria. 1. Petition of Residents - The director is authorized to establish districts upon the following criteria: Upon receipt and verification of a petition signed by persons occupying dwelling units, comprising not less than 75 1. bb 11/30/83 percent of the developed frontage of the street proposed for designation, the director shall undertake such surveys or studies as are deemed necessary to determine whether a street should be designated as a residential parking district. 2. Findings of Need and Necessity - If the director finds that on-street parking on a street is substantially reduced or impaired by commuter vehicles for an extended period, the director may recommend to the City Council that the street be designated as a residential parking district. A) Factors to be considered: In determining whether a street identified as eligible for designation as a residential parking area may be so designated, the director shall consider factors and criteria which include, but are not limited to, the following: (I ) The area is located within the Coastal Zone as described in California Resources Code §30150. ( II ) The extent to which the residents desire and need permit parking and their willingness to bear the administrative cost in connection therewith; ( III ) The extent to which legal on-street parking spaces are not available for the use of residents and their guests because they are occupied by commuter vehicles; (IV) Whether other regulatory measures would better solve the problem, e .g. , parking restrictions and strict enforcement of such restrictions. Issuance and Display of Permits. Parking permits for residential parking permit areas, valid for one- calendar year, shall be issued by the director. Permits may be renewed annually upon reapplication in the manner required by the director. Each application or reapplication for a parking permit shall contain information sufficient to identify the applicant, his residence address or address of real property owned or leased within a residential permit parking area, the license number (s ) of the motor vehicle (s ) for which application is made, and such other information as may be deemed relevant by the chief of police, or his designee. Permitees shall display the residential parking permit as follows: 1. Permit may be hung on the rear view mirror while the vehicle is parked; or 2. Permit may be placed upon the dashboard of the vehicle so it is plainly visible through the windshield from the exterior of the vehicle; or 2. 3. Permit may be attached to the left rear portion of the vehicle so as to be plainly visible from the street. �49 Establishment of Fee. An initial charge shall be established for each dwelling unit with frontage within the designated street,and shall be based on the costs to establish the district. Such costs shall include, but are not limited to, installation of signs, curb markings, and other devices to define the district. The initial charge shall be equal for each dwelling unit included in the district and shall be paid only one time for each such dwelling unit. The DPW shall maintain a record of each unit and payment therefrom. A renewal fee shall be set by resolution of the City Council for issuance of annual renewal permits. The following shall require a renewal fee : 1. Renewal of an existing permit. 2. Obtaining of an additional permit for additional vehicles. 3. New resident of a dwelling unit for which the initial charge has been paid. The renewal fee, as established by resolution of the City Council , shall be prorated by the month for the unexpired period available . Parking Permits Issued. Upon receipt of appropriate fees and application, the director shall issue parking permit (s ) for vehicles applied for, up to a maximum of four ( 4 ) permits per dwelling unit. Where the vehicle for which a permit has been disposed of and a substitute vehicle acquired, the permit may be used in the substitute vehicle provided the director is advised in writing of the change and given the necessary information regarding the substitute vehicle. Guest Permits. In addition to the regular permits issued for each dwelling unit, two (2) guest passes will be given to the permittee. These guest permits shall be valid for the same period as the annual permit and shall be re-issued in the same manner. Replacement of Permits Lost or Stolen. Upon payment of a fee established by resolution of the City Council, a residential parking permit that has been lost or stolen may be replaced with a new permit. The lost or stolen permit shall be considered void. Use of any such voided permit is prohibited. l ) t c�""' , "�7110 Posting Permit Areas. Upon adoption by the City Council of a resolution designating a residential parking permit area, the Department of Public Works shall cause appropriate signs to be erected, indicating prominently thereon the parking limitation, period of the day for its application, 3. and the fact that motor vehicles with valid permits shall be exempt therefrom. Restrictions on Parking Permits. Notwithstanding other provisions of this chapter, the following restrictions shall apply: (a) A residential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space in a designated residential parking permit area. (b) All street sweeping regulations shall be observed. (c ) No vehicle shall be left parked in any parking space in excess of seventy-two ( 72 ) hours. Exemptions. The following vehicles shall be exempt from the parking restrictions imposed by this chapter: (a) A motor vehicle owned by or operated under contract to a utility, whether privately or publicly owned, when used in the construction, operation, removal, or repair of utility property or facilities or engaged in authorized work in the designated residential parking permit area. (b) A motor vehicle identified as owned by or operated under contract to a governmental agency and being used in the course of official government business. (c) A commercial vehicle or trailer while loading or unloading property, or when such vehicle is parked in connection with or in aid of the performance of a service to or on real property in the residential parking permit area in which such commercial vehicle is parked. (d ) Any authorized emergency vehicle as defined by California Vehicle Code Section 165. The curb parking area within the boundaries of any public facility shall be exempt from the provisions of this chapter. The director shall install signs indicating such limits. Revocation of Permit. The director may revoke a residential parking permit for one ( 1 ) year if a permittee has: (a ) Falsely represented himself as eligible for a parking permit or furnished false information in an application for a parking permit. (b) Has copied, reproduced or created a facsimile or counterfeit parking permit, or used or displayed a facsimile or counterfeit residential parking permit. 4. When a parking permit is to be revoked, the director or his designee, shall give the permittee fifteen ( 15 ) days notice of his intention to do so by mail , postage prepaid, addressed to the permittee at the address shown on the permit application. The permittee shall immediately surrender such permit to the director unless he files an appeal prior to the expiration of the fifteen day period with the City Administrator for an administrative review. The City Adminis- trator may confirm, overrule or• modify the decision of the director to revoke such permit, and the decision of the , City Administrator shall be final. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19th day of December , 1983. bri /94 ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Admini trator Director of Public Works 5. Ord. No. 2619 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 5th day of December 19 83 , and was again read to said City Council at a regular meeting thereof held on the 19th day of December 19 83 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Pattinson, MacAllister, Thomas, Kelly, Finley, bailey, Mandic NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1, Alicia M. Wentworth Cli'Y Hunting;�n Beach and CLERK of the City of Council, d ex•officio Clerk of the City o hereby certify that a ordinance -,as been published synopsis of this in the Huntington Beach in'e?er�.9c,rrt 011 IR accordartc.lcifh tl:e ... �' • 19 r)-3 C;Ey Ct art,-, of said City' ,,.. ,,,.,,,, ,ACICIA, ti. City Clerk Gay City CPerk