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HomeMy WebLinkAboutOrdinance #3815 ORDINANCE NO- 3815 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.42 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO RESIDENTIAL PARKING PERMITS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 10.42.030 of the Huntington Beach Municipal Code is hereby amended to read as follows: 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. Upon receipt and verification of the petition signed by persons owning or 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. 08-1733/24871 1 Ordinance No. 3815 SECTION 2. Section 10.42.040 of the Huntington Beach Municipal Code is hereby amended to read as follows: 10.42.040 Issuance and display of permits. Parking permits for residential parking permit areas, valid for a twelve-month period, 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 Director or Chief of Police, or his designee(s). Permittees shall display the residential parking permit as follows: (a) Permit shall be permanently affixed to the lower left side (driver's side) on the inside of the windshield so that it is plainly visible through the windshield from the exterior of the vehicle while the vehicle is parked. SECTION 3. Section 10.42.060 of the Huntington Beach Municipal Code is hereby amended to read as follows: 10.42.060 Parking permits issued. Upon receipt of appropriate fees and completed 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, a new permit may be issued provided the required information regarding the substitute vehicle is submitted to the Director. SECTION 4. Section 10.42.070 o the Huntington Beach Municipal Code is hereby amended to read as follows: 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 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. The guest permits shall be placed on the left side (driver's side) of the dashboard so it is plainly visible through the windshield from the exterior of the vehicle while the vehicle is parked. SECTION 5. Section 10.42.075 of the Huntington Beach Municipal Code is hereby amended to read as follows: 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 day 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. The temporary permits shall be placed on the left side (driver's side) of the dashboard so it is plainly visible through the windshield from the exterior of the vehicle while the vehicle is parked. All applicable California Vehicle Code, and Huntington Beach Municipal Code sections shall be observed. 08-1733/24871 2 Ordinance No. 3815 SECTION 6. Section 10.42.080 of the Huntington Beach Municipal Code is hereby amended to read as follows: 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 one time only. The destroyed, lost or stolen permit shall be considered void. Use of any such voided permit is prohibited. SECTION 7. Section 10.42.120 of the Huntington Beach Municipal Code is hereby amended to read as follows: 10.42.120 Revocation of permit. The Director or Chief of Police, or his/her designee(s) 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, or sale of a parking permit to any party. When a parking permit is to be revoked, the Director or Chief of Police, or his/her designee(s), shall give the permittee fifteen(15) days notice of his intention to do so by mail, addressed to the permittee at the address shown on the permit application. The permittee shall immediately surrender such permit to the Director or Chief of Police 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 or Chief of Police to revoke such permit, and the decision of the City Administrator shall be final. SECTION 8. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of October , 200 8 . Mayor ATTEST: OVED AS TO FORM: Qs� — 0/�� M _�' Xj\_� City Clerk City Attorney b"O REVIEWE,7D APPROVED: INITIATED AND APPROVED: City Administrator Director of Pub 'c Works 08-1733/24871 3 Ord. No. 3815 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, 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 September 15, 2008, and was again read to said City Council at a regular meeting thereof held on October 6,2008, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Hansen, Hardy, Bohr, Cook, Coerper, Carchio NOES: None ABSENT: Green ABSTAIN: -None 1,Joan L.Flynn,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 Huntington Beach Fountain Valley Independent on October 16,2008. In accordance with the City Charter of said City Ajoan L.Flynn, City Clerk Cityulerk and ex-officio ClUk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California