HomeMy WebLinkAboutOrdinance #3936 ORDINANCE NO.-- 3936
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 10.42 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO RESIDENTIAL PARKING PERMIT
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 10.42.010 of the Huntington Beach Municipal Code is hereby
amended 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 is parked in a residential parking
permit area.
(b) Fronting shall mean a property that has any portion of the lot directly abutting the street
right of way. Fronting shall include a side or rear lot line when abutting a street within a
district.
(c) Resident shall mean a person who lives in a dwelling unit fronting a residential parking
permit area.
(d) 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.
(e) Director shall refer to the Director of Public Works or his/her designee.
SECTION 2. Section 10.42.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10.42.020 Designation of marling 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, and special requirements of such districts, including duration of permit use validity (1-5
years).
SECTION 3 Subsection (a)(1) of Section 10.42.030 of the Huntington Beach Municipal
Code is hereby amended to read as follows:
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Ordinance No. 3936
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. (3815-11/08)
Upon receipt and verification of the petition signed by persons owning or occupying
dwelling units comprising not less than sixty-seven percent(67%) 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. (3394-7/98, 3815-11/08)
SECTION 4. 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 up to a sixty-month period, shall be issued by the Director. Permits may be renewed at up
to a five-year increment 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 or affixed to a window hanger, hung from the rearview mirror so that it is plainly
visible through the windshield from the exterior of the vehicle while the vehicle is parked.
SECTION 5. Section 10.42.050 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10.42.050 Establishment of initial charge and permit 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 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.
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Ordinance No. 3936
(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. The full fee shall be paid if a permit
is requested any time within the first half of the established permit issuance period when
said period is two years or less. The full fee shall be paid if 12 months or more remain in
the designated permit issuance period for all multi-year permits. A resident requesting a
permit when less than 12 months remain of the permit issuance period in a multi-year permit
area or less than six months remain in an annual permit area shall pay one half of the
established fee.
SECTION 6. Section 10.42.070 of 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 regular resident 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 7. 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. 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.
SECTION 8. 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. Additional replacements
during the permit period will be considered on a case-by-case basis. The destroyed, lost or stolen
permit shall be considered void. Use of any such voided permit is prohibited.
SECTION 9. Section 10.42.130 of the Huntington Beach Municipal Code is hereby added
to read as follows:
10.42.130 Repeal of a Parking District. Residents may request that a permit parking district, or
portion of a district, be repealed at any time they believe said district is no longer needed.
Process:
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(a) Petition of residents. The Director is authorized to repeal districts upon the following
criteria:
(1) Upon receipt of a written request to repeal 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 repeal of the existing permit parking district is being considered.
(2) Upon receipt and verification of the petition signed by persons owning or occupying
dwelling units comprising of not less than fifty-one percent (51%) of the developed
frontage of the street proposed for designation, the Director shall prepare a report to
the City Council for action. Written notification of all addresses of the affected
properties shall be sent informing residents of the petition process, date of scheduled
City Council review and the recommended action.
(b) Repeal of District. -The City Council will consider the request to repeal the parking district
and the recommendations of the Director. The City Council may repeal a district by
resolution. When authorized by the City Council, the Director shall notify all affected
addresses of the results and shall cause the removal of all parking district regulation signs.
SECTION 10. All other provisions of Chapter 10.42 not amended hereby remain in full
force and effect.
SECTION 11. 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 1 h t h day of April , 20 12.
Mayor
ATTEST: INITIATED AND APPROVED: CaQ"n)- r
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City Clerk V Director of Publi orks
REV? ND APPROVED:
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Ord. No. 3936
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, 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 April 2, 2012, and was again read to said City Council at a
regular meeting thereof held on April 16,2012, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Shaw, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: Harper
ABSENT: None
ABSTAIN: None
I,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 April 26,2012.
In accordance with the City Charter of said City
Joan L.Flynn, Ci1y Clerk CU Clerk and ex-officio 6ferk
U-Sertior Deputy City Clerk of the City Council of the City
of Huntington Beach, California