HomeMy WebLinkAboutOrdinance #3394 ORDINANCE NO. 3394
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 10.42 OF THE HUNTINGTON BEACH MUNICIPAL CODE
PERTAINING TO RESIDENTIAL PARKING PERMITS
The City Council of the City of Huntington Beach does ordain as follows:
SECTION 1. That Chapter 10.42 of the Huntington Beach Municipal Code is
hereby amended to read as follows:
Chapter 10.42
RESIDENTIAL PARKING PERMIT
Sections:
10,42.010 Definitions
10,42,020 Designation of parking district
10.42.030 Designation process and criteria
10.42.040 Issuance and display of permits
10.42.050 Establishment of initial charge and annual fee
10.42.060 Parking permits issued
10.42.070 Guest permits
10.42.075 Temporary Parking Permits
10.42.080 Replacement of permits destroyed, lost, or stolen
10.42.090 Posting permit areas
10.42.100 Restrictions on parking permits
10.42.110 Exemptions
10.42.120 Revocation of permit
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 is parked in a residential parking permit
area.
(b) Resident shall mean a person who lives in a dwelling unit fronting 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. All applicable California Vehicle Code and Huntington Beach Municipal Code
sections shall be observed.
(d) Director shall refer to the Director of Public Works or his/her designee.
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10.42.020 Designation of parking district. The City Council of the City of Huntington Beach
may designate, by resolution, upon the streets thereof, the residential parking districts and the
Director is authorized to establish parking restrictions. The resolution shall establish the
streets and boundaries of such districts.
10.42.030 Designation process and criteria.
(a) Petition of residents. The Director is authorized to establish districts upon the following
criteria:
(1) Upon receipt of a written request for a permit parking district, the Director
shall create a petition with all the addresses of the affected properties. The petition
shall be circulated by the requesting party to obtain the signatures, phone numbers,
and any other data requested by the Director of the residents of the affected properties.
A letter shall be sent to all the affected properties notifying the residents that a permit
parking district is being considered and shall list the requester's name and phone
number. Upon receipt and verification of the petition signed by persons occupying
dwelling units comprising not less than seventy-five percent (75%) 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. The proposed parking district shall consider
surrounding streets that could be affected if the requested street becomes a permit
parking district. If it is determined that the surrounding streets will be affected said
streets shall be included as part of the proposed permit parking district. The residents
of the streets proposed for addition to the district shall be notified and their responses
counted and included in the calculations of Section 1 above.
(b) 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 that include, but are not limited to, the following:
(1) The extent to which the residents desire and need permit parking and
their willingness to bear the administrative and all permit costs in connection therewith.
(2) 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.
(3) Whether other regulatory measures would better solve the problem, e.g.,
parking restrictions and strict enforcement of such restrictions.
10.42.040 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,
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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 Director or Chief of Police, or his
designee(s). Permittees shall display the residential parking permit as follows:
(a) Permit may be hung on the rear view mirror so that it is plainly visible through the
windshield from the exterior of the vehicle while the vehicle is parked; or
(b) Permit may be placed upon the dashboard of the vehicle so that it is plainly visible through
the windshield from the exterior of the vehicle; or
(c) Permit may be attached to the left rear portion of the vehicle so as to be plainly visible from
the street.
(d) Motorcycles shall display the permit on the front fender or front fork.
10,42.050 Establishment of initial charge and annual 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 Department of Public Works shall maintain a record of each unit
and payment therefrom.
A permit fee shall be set by resolution of the City Council for issuance of annual permits and
renewal . The following shall require a permit fee:
(a) Issuance of initial permit(s).
(b) Renewal of an existing permit.
(c) Obtaining an additional permit for an additional vehicle, not to exceed four (4) resident
permits per dwelling unit.
(d) New resident of a dwelling unit for which the initial charge has been paid. The permit fee
shall be established by resolution of the City Council and shall be prorated in two six month
increments. The full fee shall be paid if a permit is requested any time within the first six
months of the permit issuance period. A resident requesting a permit in the second six
months of the permit issuance period shall pay one half of the established fee.
10.42.060 Parking permits issued. Upon receipt of appropriate fees and application, the
Director shall issue one (1) parking permit for each resident vehicle applied for, up to a
maximum of four(4) resident permits per dwelling unit. If the vehicle for which a permit has
been issued has been sold or otherwise disposed of, and a substitute vehicle acquired, the
permit may be used in the substitute vehicle provided the Director is informed in writing of the
change and given the necessary information regarding the substitute vehicle. If the existing
permit is destroyed or is unusable for the new vehicle a new permit shall be purchased.
10.42.070 Guest permits. In addition to the regular resident permits issued for each dwelling
unit, two (2) guest permits will be issued to the permittee free of charge. These guest permits
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shall be valid for the same period as the annual permit and shall be reissued in the same
manner. A minimum of one resident permit shall be purchased to obtain the guest permits.
10.42.075 Temporary Parking Permits. In addition to the regular resident permits and the
guest permits, and upon receipt of appropriate fees and application, temporary parking permits
may be issued for a one time special event. After receiving a written request with at least ten
(10) working days advance notice, permits may be issued to the permittee if the permittee is on
file as a current parking permit holder. All applicable California Vehicle Code, and Huntington
Beach Municipal Code sections shall be observed.
10.42.080 Replacement of permits destroyed, lost or stolen. Upon payment of a fee
established by resolution of the City Council, a residential parking permit or a guest permit that
has been destroyed, lost or stolen may be replaced with a new permit. The destroyed, lost or
stolen permit shall be considered void. Use of any such voided permit is prohibited.
10.42.090 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(s),
period(s) of the day for its application, and the fact that motor vehicles with valid permits shall
be exempt therefrom.
10.42.100 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 applicable California Vehicle Code sections and Huntington Beach Municipal Code
sections shall be observed.
10.42.110 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, private 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,
private vehicle, or trailer 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 the limits of such areas.
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10.42.120 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) Copied, reproduced or created a facsimile or counterfeit parking permit, or used, displayed,
or permitted use or display of a facsimile or counterfeit residential parking permit.
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
Administrator may confirm, overrule or modify the decision of the Director to revoke such
permit, and the decision of the City Administrator shall be final.
SECTION 2. This ordinance shall take effect 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 15th day of une , 1gg 8
ATTEST: Mayor
•
� APPROVED AS TO FORM:
City Clerk
REVIEWED AND APPROVED 5.�9JCi y Attor ey
INITIATE,0 AND APPROVED:
City Ad inistrator a
Director o Public orks
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... .. . ................................... .
Ord. No. 3394
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH }
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of 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 1st of June, 1998, and was again read to said
City Council at a regular meeting thereof held on the 15th of June, 1998, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this -
ordinance has been published in the Independent on
a 5
199f
In accordance with the City Charter of said City City Clerk and ex-offici Jerk
Connie Brockway City, Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
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6/18/98