HomeMy WebLinkAboutApprove for introduction Ordinance No. 4051 adopting revisio 4/37/3O1S
Ordinance Revision
"7,
Introduction
�10(-----------------------------------------------------------------------------------
e Permit parking ordinance enacted in 1984
e Resident initiated and led process
0 17 Districts Established
e February 2015 City Council Direction
• Review MC Chapter 10-42
• Prepare ordinance that addresses ambiguities and improves
process
e March 16 Study Session feedback
Residential Permit Parking
��
4/27/2015
Key Issues
---------------------------------------------------------------------------- -------------------------------------------------------------------------- ----------
• Findings that justify Residential Parking
Permit requests
• Establishing parking district boundaries
• Evaluating resident support
• Notification
------------------------------
Required Analysis and Findings
---------------------------------------------------------------------- ----------------------------------- -------------------------------------------
• Justification of proposed Residential Parking
Permit Districts
• Parking impacts interferes with residents use of street
parking
• Unrestricted parking creates health,safety or welfare
concerns.
2
4/27/2015
Establishing Parking District Boundaries
----------------------
• Initial request from resident(s) proposal —
informal petition
• Staff review of likely affected area
• Staff will establish proposed district
boundaries for processing — Director
discretion
• New or expanded districts requests are
possible should additional areas be affected
h9Vl, 9Vlll" pllulh -_,'Illl Sillil IIIYIV ptl T uili4111u INVII 9ili d IUIIIIIIIII-
Evaluating Support
- -------... - - - - ( )-----------------------._.--------------------------------------------- -----------------
• Eliminate petition process — resident circulation
• Recommend City-managed, mailed ballot process
o Owner is primary voter. Tenant vote counts only in absence of
owner.
o One vote per legal address(owner of multi-family property
gets multiple votes)
0 75% support required(based on total number of addresses)
3
4/27/2015
Notification
- ---------------------------------------------------------------------------------- %-------------------------------------------------------------------------------------------------- -
• All notices sent by City
• District notices
o 1-It Notice— Description of request&program with ballot
0 2nd Notice— Reminder to submit ballot(1 week prior to due date)
0 3rd Notice
■ Results of ballot and analysis(if unsuccessful)
x Results of ballot and analysis,date of scheduled City Council action
0 4th Notice—City Council action and district establishment process if
approved
• Additional notice sent to all addresses within 500 feet of
proposed district boundary concurrent with 3rd Notice if
being forwarded to City Council for consideration
Recommended Action
------------------------------------...----------- --------------------- -----------------
• Repeal current Municipal Code Chapter 10.42 in its
entirety
• Adopt new Ordinance replacing Chapter 10.42
Alternatives:
• Adopt new Ordinance with revisions; or
• Repeal Chapter 10.42 and discontinue all residential
permit parking
-T
4
'? ,i, Dept. ID PW 15-009 Page 1 of 2
Meeting Date:4/6/2015
} J°�govc--ems A �•e /.v7746,�,c 4noL) 7-0
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 4/6/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Approve for introduction Ordinance No. 4051 adopting revisions to Municipal
Code Chapter 10.42 entitled Permit Parking Districts
Statement of Issue:
On February 2, 2015, the City Council directed staff to review, and provided recommended
revisions to, the Municipal Code Section 10.42 — Permit Parking Districts. The revisions are
intended to address ambiguities that exist in the current ordinance and to improve the overall
effectiveness of the process through which requests are considered and evaluated.
Financial Impact:
None. The recommended changes do not result in any significant changes in City expenditures in
implementing this program.
Recommended Action:
A) Repeal Chapter 10.42 of the Huntington Beach Municipal Code entitled Residential Parking
Permit; and,
B) Approve for introduction Ordinance No. 4051, "An Ordinance of the City of Huntington Beach
Repealing Chapter 10.42 of the Huntington Beach Municipal Code and Adding a New Chapter
10.42 Relating to Permit Parking Districts" replacing Chapter 10.42 of the Huntington Beach
Municipal Code regarding Permit Parking Districts.
Alternative Action(s):
1. Repeal the Chapter 10.42 and discontinue the permit parking program.
2. Approve an amended version of the recommended Ordinance
Analysis:
Following recent processing of permit parking districts throughout the City, it was determined that
the current Municipal Code section authorizing such districts contained several elements that could
be ambiguous and potentially confusing resulting in questions about the application of the chapter
to specific requests. It was also noted that some elements of the program could be improved by
including a more controlled method of gauging resident support and opposition to a particular
permit parking district. As a result, the City Council directed staff to thoroughly review the existing
ordinance and develop recommendations for improving key areas to address these shortcomings.
Staff from Public Works, the City Attorney's office, and the City Manager's office have worked
collaboratively to develop recommendations and alternatives for City Council consideration. A
HB -329- Item 12. - I
Dept. ID PW 15-009 Page 2 of 2
Meeting Date:4/6/2015
presentation was made at the City Council Study Session on March 16, 2015, to gain additional
feedback and input from the City Council regarding some key areas within the ordinance. Staff has
prepared the final recommended ordinance for City Council consideration. Since the recommended
ordinance includes extensive revisions in several areas and a complete reorganization of topics, a
legislative draft version was not considered practical. The following summarizes the main
modifications contained in the recommended ordinance:
10.42.010 Definitions: The definition of "fronting" and "resident" were eliminated from definitions.
The terms "City" and "dwelling unit" were added. A definition of"permit parking district" was used in
place of "residential parking permit area" with significant modifications to the means of describing
and defining a permit parking district with a focus on "area" rather than "streets".
10.42.020 Designation of Parking Permit District: The language is revised to clarify the role of
the City Council and the Director of Public Works in designating a district and includes exceptions
where this Chapter will not apply.
10.42.030 Application Process: This section includes significant revisions, but keeps the general
intent of the process as being resident/property owner initiated and the need to demonstrate
substantial property owner support for a district to be considered.
The process to initiate a request has been changed and would require a petition representing 10%
of the residents in the area or a maximum of 20 signatures to allow staff to begin the application
process.
One of the most significant changes is the replacement of the petition process with a mail-in ballot
process. Property owners and residents will be entitled to cast a ballot through a City-managed
notification process. Official notices will be sent to each property owner and resident with a portion
of the notice being a return ballot on which they can indicate their support or opposition to the
proposed permit parking district. The 67% minimum support requirement has been raised to 75%
based on the total number of legal addresses. Owner votes will be the primary vote with tenant
votes used only in the absence of an owner vote. A reminder notice will be sent to all owners and
occupants one week prior to the due date of all ballots.
Additional description of parking issues that qualify for consideration of a permit parking district
have been added, including factors of environmental-type impacts and health/safety concerns.
An expanded notification process for City Council consideration of a permit parking district has
been added. Notices will be sent to all addresses within 500 feet of the boundary of any proposed
district informing residents of the proposed district and the date and time of City Council
consideration of the item.
10.42.040 Amendments or Repeal of Existing Permit Parking Districts: This section was
added and clarifies the processes by which an existing district can be amended or repealed,
including a clear statement of City Council authority to take such actions at their sole discretion.
Environmental Status:
Not applicable
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1) Recommended Ordinance for Adoption Amending Chapter 10.42 of the Municipal Code
2) Current Chapter 10.42 of the Municipal Code
Item 12. - 2 1 fB -130-
L--ATTACHMENT # 1
ORDINANCE NO. 4051
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
REPEALING CHAPTER 10.42 OF THE HUNTINGTON BEACH
MUNICIPAL CODE AND ADDING A NEW CHAPTER
10.42 RELATING TO PERMIT PARKING DISTRICTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 10.42 of the Huntington Beach Municipal Code is hereby repealed
in its entirety upon the effective date of the new Chapter 10.42 which is hereby added to read as
follows:
Chapter 10.42
PERMIT PARKING DISTRICTS
Sections:
10.42.010 Definitions
10.42.020 Administrative Regulations
10.42.030 Permit Parking Districts
10.42.040 Resident Requested Permit Parking District
10.42,050 Amendments or Repeal of Existing Permit Parking Districts
10.42.060 Issuance and Display of Permits
10.42.070 Establishment of Initial Charge and Permit Fee
10.42.080 Parking Permits Issued
10.42.090 Guest Permits
10.42.100 Temporary Parking Permits
10.42.110 Replacement of Permits Destroyed, Lost, or Stolen
10.42.120 Posting Permit Parking Districts
10.42.130 Exemptions
10.42.140 Revocation of Permit
10.42.150 Severability
10.42.010 Definitions
"City" means the City of Huntington Beach.
"Commuter Vehicle" means a motor vehicle owned or occupied by a person who is not a
Resident of a Permit Parking District and is parked in a Permit Parking District.
"Director" means the Director of Public Works or his or her designee.
"Property Unit" means a house, apartment, condominium, or townhouse within the boundaries
of a proposed or existing Permit Parking District.
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Ordinance No . 4051
"Permit Parking District" means a geographic boundary created by Resolution of the City
Council that delineates certain roadways, alleyways, or other conspicuous passageways, where
unrestricted parking is not allowed and where vehicles displaying a valid parking permit are
exempt from certain parking restrictions.
"Resident" means an owner of a Property Unit and/or person(s) leasing a Property Unit.
10.42.020 Administrative Regulations
The Director at his or her sole discretion may create administrative regulations to implement
provisions of this Chapter.
10.42.030 Permit Parkiniz Districts
The City Council at its sole discretion by Resolution may create, expand, amend, or eliminate
any Permit Parking District. The Resolution to create a Permit Parking District will be supported
by findings and establish geographic boundaries and any additional regulations related to the
Permit Parking District. This Chapter will not apply to areas within a specific plan area or
coastal zone where such Permit Parking Districts are expressly prohibited. Resident parking
permits shall not confer any property right or guarantee of a continued Permit Parking District or
reserve to the holder an on-street parking space or exempt the vehicle/owner from any Federal,
State, or local laws. All applicable California Vehicle Code and Huntington Beach Municipal
Code sections shall be observed within any Permit Parking District.
10.42.040 Resident Requested Permit Parking District
A. Residents may request that the City create a Permit Parking District by submitting a
petition signed by no less than either 20% of the Residents or 25 Residents, whichever is less, to
the Director setting forth the proposed Permit Parking District boundaries, the purpose of the
Permit Parking District, and any other relevant information. The Director will review the
information presented in the petition and within a reasonable time make a preliminary
determination if the petition is valid. The Director at his or her sole discretion may investigate
the permit and/or proposed Permit Parking District, including contacting Residents to verify their
signatures.
B. The Director at his or her sole discretion may modify the proposed boundaries of the
proposed Permit Parking District to include roadways, alleyways, or other conspicuous
passageways, or portions thereof, that may be substantially affected by the Permit Parking
District. The additional Residents will receive notices and be provided opportunities as
applicable as if included in the initial request.
C. If the Director determines that the concerns expressed by the Residents require further
investigation and/or consideration, the Director will send a letter to each Property Unit within the
proposed Permit Parking District\notifying the Residents of the Proposed Permit Parking District
with a description of the boundaries, the purpose, the cost, and any other relevant information.
D. The letter will contain a ballot with instructions and requirements regarding voting on
the creation of the Permit Parking District. Each Property Unit will be allotted one vote. The
Property Unit owner, regardless of residency, will have the initial opportunity to cast a vote for
the Property Unit. In the absence of the Property Unit owner vote, the vote of a tenant of the
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Ordinance No . 4051
Property Unit will be counted. The City will send a reminder letter one week prior to ballot's
due date.
E. The Director shall determine whether a minimum of 75% of the Property Units are in
favor of the proposed Permit Parking District. If a minimum of 75% of the Property Units are in
favor, the Director will cause an investigation by the City to be conducted to determine whether
facts exist that reasonably establishes any of the following unrestricted parking issues:
1. Unrestricted parking creates a situation in which the subject streets cannot
be used for parking by Residents or their guests because Commuter
Vehicle parking unreasonably and regularly interferes with the use of the
available street parking; or
2. Unrestricted parking creates a situation where Commuter Vehicles or their
occupants produce significant sources of health, safety, or welfare
concerns.
3. If the Director reasonably determines that one or more of the above exist,
and the Director reasonably determines that the Permit Parking District
will not unduly affect other reasonable uses of on-street parking, including
parks and schools, by the public, the Director will present such findings to
the City Manager who may at his or her sole discretion place the matter on
the City Council agenda for further consideration by the City Council.
The Director will send notice to each Property Unit and any property
within 500 feet of the proposed Permit Parking District boundaries with
the date and time of the City Council meeting.
10.42.050 Amendments or Repeal of Existing Permit Parking Districts
Future expansion or amendment of an established Permit Parking District by Residents of the
Permit Parking District may be accomplished in the same manner as creating a Permit Parking
District. Residents may request the elimination of a Permit Parking District by a simple majority
vote of the Property Units. The City Manager may at his or her sole discretion place the matter
on the City Council agenda for further consideration by the City Council. City Council at its sole
discretion by Resolution may create, expand, amend, or eliminate any Permit Parking District.
10.42.060 Issuance and Display of Permits
After the Permit Parking District is established, the City will begin the process of issuing parking
permits. Permits may be valid for up to sixty(60) months. Each application or re-application for
a parking permit shall contain information sufficient to identify the applicant, the address of the
Property Unit, owned or leased, within a Permit Parking District, the license number(s) of the
motor vehicle(s) for which the application is made, and such other information as may be
requested by the Director. Permittees shall display the parking permit as required by the Director
so that it is plainly visible through the windshield from the exterior of the vehicle while the
vehicle is parked.
10.42.070 Establishment of Initial Charge and Permit Fee
A fee shall be set by Resolution of the City Council for initial creation of the Permit Parking
District, the issuance or renewals of permits, and/or the requests for additional permits. The one-
time initial fee shall be for each Property Unit and shall be based on costs, including, but not
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Ordinance No . 4051
limited to, installation of signs, curb markings, and other devices to define the Permit Parking
District. The fee shall not exceed the costs to create the Permit Parking District. The initial fee
shall be the same for each Property Unit. Fees for the issuance or renewals of permits and/or the
requests for additional permits shall be set forth in the City Fee Resolution and shall not exceed
the cost of providing the service.
10.42.080 Parking Permits Issued
Upon the receipt of the appropriate fees and a completed application, the Director shall issue one
parking permit for each Resident vehicle, up to a maximum of four Resident permits per
Property 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.
10.42.090 Guest Permits
In addition to the regular Resident permits issued for each Property Unit, two guest permits will
be issued to the Resident and included in the cost of the permit. 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.
Permittees shall display the parking permit as required by the Director so that it is plainly visible
through the windshield from the exterior of the vehicle while the vehicle is parked.
10.42.100 Temporary Parking Permits
In addition to the Resident permits and the guest permits, and upon the receipt of the appropriate
fees and a completed application, temporary parking permits may be issued for a one-day special
event. Permits may be issued to the Resident if the Resident is on file as a current parking permit
holder. Permittees shall display the parking permit as required by the Director so that it is
plainly visible through the windshield from the exterior of the vehicle while the vehicle is
parked.
10.42.110 Replacement of Permits Destroyed, Lost, or Stolen
Residential or guest parking permits that have been destroyed, lost, or stolen may be replaced
with a new permit only once upon the payment of a replacement fee. Additional replacement
permits during the permit period will be considered on a case-by-case basis. Permits reported
destroyed, lost, or stolen are void and may no longer be used.
10.42.120 Posting Permit Parking Districts
Upon adoption by the City Council of a Resolution designating a Permit Parking District, the
Department of Public Works shall cause appropriate signs to be installed.
10.42.130 Exemptions
The following shall be exempt from the parking restrictions in an established Permit Parking
District: (1) A vehicle owned by or operated by a public utility or a government agency
employee or contractor while parked in the Permit Parking District. (2) A commercial or private
vehicle parked in the Permit Parking District while loading or unloading persons or property, or
when such vehicle is parked in connection with or in aid of the performance of a service to the
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Ordinance No . 4051
Property Unit. (3) Any authorized emergency vehicle. (4) Curb parking areas within the
boundaries of any public facility.
10.42.140 Revocation of Permit
The Director may revoke a Resident's parking permit if the Resident has made
misrepresentations regarding eligibility or furnished false information on an application for a
Resident, guest, or temporary parking permit and the Resident may not reapply for a new permit.
Any Resident or guest in possession of a counterfeit parking permit will immediately cause the
parking permit to be revoked and the Resident may not reapply for a new permit.
10.42.150 Severability
If any section, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court, such decision shall not affect the validity of the
remaining portions of this ordinance.
SECTION 2. 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 2 0 t h day of April , 2015.
Mayor
ATTEST:
APPROVED AS TO FORM:
V4AJ
0d
ity Clerk
City Attorney
REVIEWED AND APPROVED:
/ INITIATED AND APPROVED:
/City Manager 1
Public Works Director
15-4611/118988.docx
Orel. No. 4051
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 April 06,2015, and was again read to said City Council at a
Regular meeting thereof held on April 20, 2015, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
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 Wave on
April 30,2015.
In accordance with the City Charter of said City a
Joan L.Flynn, City Clerk City erk and e f-of icio
Senior Deputy city clerk of the City Council of the City
of Huntington Beach, California
Ordinance No . 4051
LEGISLATIVE DRAFT
Ghapter 1:0.42 RESIDENTIAL PARKING PERMIT
- 0 A- 0tm Definiti n-s
+ t
" _
P"-ing Pei
"Residential parking permit area" shall mean a StFel_'t SeaffleRt between iliwrieetieps,
designa
"Resident" shall ffleafi a pefsee"e lives iii a dwelling unil ffefAiftl-_- f-es-i-I
,
ifieludin
,.,-.,r;,.,i ,tF.-.,.«m;+ . ai:.l<'s iefie to five s) (2619 7 1Q11 394 7< 98 3(126 C 42)
• ✓ .r.��-r r,pis, ..�i✓v ✓� i...�
fequesting _ +e obtain the signatufes,
difeeter-of the residents; -of the affeeted pr-_epenies.A lettef shall be sent te all the F
units,eampr-ts-itia tiet less than Q%
i-
_. Finding s4n-ee4 ,
. The 'S f" 133• -'this fi.,t shall .d. ` �n d; v ot..„ tl..,t ,I,d be affe 'Ef
i f
Br:Faet r--�4'8-Bc -Co y 1.red In .d t,ermilluie—w-lhethe-r-ar,sorry'`v identified aseligible forzde^'si`natien
Y The e.-tent t.. ...hieh the» s::.-dents rlesero and need pennir.--pa king and theii-.willingness
bear the adfaini-swati�,-e and all r
Si d ffAS .,,.d thE!ir r er.r• 4 e.r,,,,• tf .,„ ;e.d by , „ae,-vehicles.
A. .. ,
1Sslied b the dire-otor. 71,.mi r `'+en r`v'ed-E14 up to ft five yeaf-
The matine e,d b- ' tile .d; ,,,U i' ,.I, at; )n 1:,. a parking pezVnit shal
iM'ai=mfltioli sit.07ieiew te. .dentRf ti. ,I; .,r h-1 hef residenee addr-ess address -,f
,,;t+ee.- shell .d;s.,la, the
fesidential ..1. it at, .d ;lam .d ifl subsection d--
B. 3
vii F, Wng y
e tl, ehiek is lia»d-.:,r1_ -3 lP 7t'!C]4
,-3P-A6 jil 2)
10.42.050 Establishment of initial Gharge and Permit Fee
�s:t�f]-ii3i$fk� i� i' 3f3 �3C t'31 �3 1Si•,d faf:each .l.Y elli S`-unk- l, C entage. ;rh,•m_the 1 s*nated
.
4
The fellowiiicg�l shall feqttife-
3.
� Q,+a- f� t` �i i per
Vunit.
ehafge has beeii paid. Ther
less than si-x months,remain ift an ffimttal pefmit af-ea shall pay ane half afthe established fee.
shall be established bN-fesoltitiop of the Git-,-Getfneil. The ftill fee shall be paid if a peizRik is
1:0.42.069 Parking Permits issued
r
appfopfiate fees a-ad eampleted applieatioF,the dif-eetef shall issue efie par-king r -
r vehicle i is spa iit+ed-te the dii- et . (72610 1 IP.1 33:'39 „-��77{�3845 1-474W1:0.42.979 Guest Permits
+ 1
be isstte
D These bpeffflits shall be valid f4 the saffle pefied as the vgg
shall
19.42.975 Temperary Parking Permits
"'bpefmits and the guest.� pefmits. f e
b u
to the r,
b
Destroyed,be piaeed an the left side (dFiver-'s side) of the dashbeaFd w it is p]eHnl,,'visible thr-9H.-h the wiftdshiel
10.42.080 Replaeement of Permits
Lest or Stolen
t.
Additional Hpift-eeffiefits ing 44ie per-mit peFiod will be eansideFed eti a ease bv ease basis. The
s n a; r+nn Posting Per-mat Areas
LC1Z y -oLR1Gil of a resolutionv 4 ��A7iR1-RLLf3��£EIITL ZISZ iT«Z
en
411 r(.. 1 i .
„' -
960.42.3:00 Restrietiens on Par-king Permits
- .. f..lir..... _
. :aczvi. 'r-
A.A residential
L
B.All applieable GalifiOmia r
engaged19,42.13:0 Exemptions
7
n-_=,- _
B.The-v-uT+�-parki Ai I-she!! bee�,- -4
prosvisions of this -- r--s. The c]az•nctnr shall tnsdlir. �
a
yell fi ��k.AC T� ii�-�il]L C}f�Ili.il'GL�YCfT l�
7
displayed. £ �+C ELF f'Ya u; of ai c-E3.E - r ,
1
i
�1 .ate suFvernc4er-"scux i
to e eiplr-atien of the
permit
r`SiE'k,'#siati--of 41i'_- Ma.—Her shallbe Final. (2619 1.1i+:1 91.�1,108)
a`
.. _istFiet be repealed at any time dwN
betieve said dis�riei is lie latiffef needed,
lie itflPeeted properties. The petitieii shall
vtheObtaifpfft�
gfiftttffeS .,fti, data
fequesied L„ the difeeFc. !'fi .-1 �4he a ff4 .,.-I. pi,apef4ies.-tl 1. t nl•. 3r be sent f.: ,13
L^the residents that a Femeal of the L
dvoellin,,� units less than 5 1 4fi-entageSt-d
-B.Repeal of Distriet. The Gk-,- Ihe i-eqttest te fepeal the padEiiig distr-j4 and
the feeE)ffiffieftElfftiO S, efl—he dife.--tef. The GiVEA.- ilmay fepeal a distfiet by feseltnion. Wheffi
atithefized by�he Gity Getineil,the difeete� Sifffll fleffl-i-A, aill aff;�!eted addfesses ef the fesalts afid shall
eaese�he feffieNrftl E)�A padiiii",distfiet fegala+iee signs. 24,
View the mebile vefzsian.
ATTAC H IVI E iVT
2
Chapter l l-1.42 RESIDF,N IIAL PARKING PERMIT Page ] of,
Huntington ton each Charter and Codes _
_.._ __ ____ __ �,�..._.......................
U�?,.__.._...__..'� Previous. Feat ,. ._ [ sir. .__ n€6apse Searehr�nt._ ....._ lca Frrrrera
_.
MUNICIPAL CODE
Title 10 VEHICLES AND TRAFFIC
Chapter 10.42 RESIDENTIAL PARKING PERMIT
10.42.010 Definitions
For the purpose of this chapter,the fol.l.oW'mg 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:
"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.
"Director" shall refer to the Director of Public Works or his or her designee.
"Frontino," 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.
"Resident" shall mean a person who lives in a dwelling unit fronting a residential parkii.ig permit area.
":Residential parldng 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..Al.l.applicable California
Vehicle Code and Huntington Beach Municipal Code sections shall be observed. (2619-1/84, 3394-7/98,
_.............__..........
3936-5/12)
10 42 020 Designatiap of Parkrpg.-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(one to five years). (2619-1/84, 3394-7,198, 3936-5/I2)
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 ownui ig or occupying dwelling units
comprising not less than 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 aresidential 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
Item 12. - 14 1113 -342-
, .. 11 1 1 1 r, . , r • 1 . . , - _i If, ,n eno. _ �r�nr�snrc
Chapter 10.42 RESIDENTIAL PARKING PERMIT Page 2 of 5
street becornes a permit parking district. If it is determined that the surrounding streets will be
affected said streets shall be included as pail 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 calculatiotis of subsection (A)(l)of this section.
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:
I The extent to which the residents desire and need permit parking and their willingness to bear
the administrative and all permit costs in cormection therewith.
2. The extent to which legal on-street parking spaces are not available for the use of resident-,
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. (2619-1/84. 3394-79 1 8. 3815-11/08, 3936-5/12)
e1
10.42.040 Issuance and qasplay_9t_Fermits
A. Parking pen-nits for residential parking permit areas,valid for tip to a 60-month period, shall be
issued by the director.Pen-nits 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 or her residence address or address of real property
owned or leased within a residential permit parking area,the license number(s)of the motor vellicle(s)
for which application i's made, and such other information as may be deemed relevant by the director or
Police Chief, or his or her designee(s). Permittees shall display the residential parking permit as
described in subsection B:
B. Permit shall be permanently affixed to the lower left side(driver's side)OD the inside of the
windshield or affixed to a window hanger, hung from the rear-view mirror, so that it is plainly visible
through the windshield from the exterior of the vehicle while the vehicle is parked. (3394-7/98.. 3815-
11/08, 3936-5/12)
10.42.050 Establishment of Initial arcie and Permit Fee
A. 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.
B. A permit fee shall be set by resolution of the City Council for issuance of perinits and renewal. The
fol lowing slial I require a perm it fee:
I. Issuance of initial pernift(s).
2. Renewal of an existing permit
3. Obtaining an additional permit for an.additional vehicle,not to exceed four resident permits
per dwelling unit.
4. New resident of a dwellb.,ig 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
HB -343- Item 12. - 15
Chapter 10.42 RESIDENTIAL PARKINIG PERNMIT Page 3 of 5
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 pen-nit
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. (2619-1/84, 3394-7/98, 3936-5/12)
10.42.060 Parking Permits Issued
---------- _-------_
Upon receipt of appropriate fees and completed application,the director shall issue one parking permit for
each resident vehicle applied for, up to a maximum of four resident permits per dwelling unit.If the vehicle
e I L
for which a permit has been issued bas 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. (2619-1/84, 3394-7/98, 3815-11/08)
10.42.070 Guest Permits
In addition to the regular resident permits issued for each.dwelling unit,tvvo guest permits will be issued to the
pennittee free of charge. These guest pen-nits shall be valid for the same period as the regular resident permit
and shall be reissued in the same manner.A ininitnum of one resident pen-nit 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. (2619-1/84,
3394-7/98,3815-11/08,3936-5/12)
y Pa em
0.42.07 15 Temporary Permits
.......... -------------- ........ .............................
In addition to the regular resident pennits 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 pennit holder. The temporary pennits 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 Califoniia Vehicle Cod-e-and Huntington
Beach Municipal Code sections shall be observed. (3394-7/98, 3815-1111108, 3936-5/12)
10. nt of Permits Destroyeiq,_L�,Stolen
4 2.080
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-,vitb 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. (2619-1/84,3394-7/98, 3815-
11/08, 3936-5/12)
10.42.090 Posti!j9_Permit Areas
UponI - Z71 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 litnitation(s),period(s)of the day for its application, and the fact that motor vehicles with valid
permits shall be exempt therefrom. (2619-1/84)
Item 12. - 16 HB -344-
Chapter 10.42 RESIDENTIAL PARKING PERA41T Page 4 of 5
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 pen-nit area.
B. All applicable California Vehicle Code sections and Huntington Beach Municipal Code sections
...............................
shall be observed. (3394-7/98)
10.42.-1 19 ............... ---------
A. The following vehicles shall be exempt from the parking restrictions imposed by this chapter:
I. A motor vehicle owned by or operated under contract to a utility,whether privately or publicly
owned., -,Aien 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.
2. A motor vehicle 'Identified as owned by or operated wider contract to a governmental agency
and being used in the course of official government business.
3. A commercial vehicle,pnivate 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 pen-nit area in which such commercial vehicle, private vehicle,
or trailer is parked.
4. Any authorized emergency vehicle as defined by California Vehicle Code Section 165.
B. The curb parking area within the boundaries of any public facility shall be exempt frorn the
--
provisions of this chapter. The director shall install sips_ndicating the limits of such areas. (2619-1/84,
3394-7/98)
10.42.120 Revocation of Permit ............... .....................
..............-- ------—.—............--.--------------------............ ............................ ------
A. The director or Police Chief,or his or her designee(s)may revoke,a residential parking permit for
one year if a permittee has:
1. Falsely represented him or herself as eligible for a parking permit or furnished false
information in an application for a parking permit.
I 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
pennit to any parh,,,'.
B. NYhen a parking permit is to be revoked,the director,Police Chief, or his or her designee(s), shall
give the permittee 15 days notice of his or her intention to do so by mail, addressed to the pennittee at
the address shown on the permit application.The permittee shall.immediately surrender such permit to
the director or Police Chief unless he or she files an appeal prior to the expiration of the 15-day period
with the City Manager for an administrative review. The City Manager may, confirm,overrule or modify
the decision of the director or Police Chief to revoke such permit, and the decision of the City Manager
shall be final. (2619-1/84, 3815-11/08)
10.42.130 Re Deal of Parking District
Residents may request that a permit parking district or portion of district, be repeated at any time they
believe said district is no longer needed.
HB -3145- Item 12. - 17
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Chapter 10.42 RESIDENTIAL PARKING PEPA41'1' Page 5 of 5
A. Petition of Residents.The director is authorized to repeal districts upon the following criteria:
I. 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
notifyirtg 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 not less than 5 1%of the developed frontage of the street proposed for designation,
the director shall prepare a report to the City Council for action. 'Written jaotification to all
addresses of the affected properties shall be sent informing residents of the results 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. (3936-5/12)
View the mobile version.
Item 12. - 18 1113 -346-
1
Ordinance No . 4051
"Permit Parking District" means a geographic boundary created by Resolutio of the City
Council that delineates certain roadways, alleyways, or other conspicuous passageways, where
unrestricted parking is not allowed and where vehicles displaying a valid 7roperty
ng permit are
exempt from certain parking restrictions.
"Resident" means an owner of a Property Unit and/or person(s) leasing a/ Unit.
10.42.020 Administrative Regulations
The Director at his or her sole discretion may create administrative regulations to implement
provisions of this Chapter.
10.42.030 Permit Parkintt Districts
The City Council at its sole discretion by Resolution may create, expand, amend, or eliminate
any Permit Parking District. The Resolution to create a Permit Parking District will be supported
by findings and establish geographic boundaries and any additional regulations related to the
Permit Parking District. This Chapter will not apply to areas within a specific plan area or
coastal zone where such Permit Parking Districts are exp essly prohibited. Resident parking
permits shall not confer any property right or guarantee of a continued Permit Parking District or
reserve to the holder an on-street parking space or exempt the vehicle/owner from any Federal,
State, or local laws. All applicable California Vehie Code and Huntington Beach Municipal
Code sections shall be observed within any Permit Parking District.
0/O
10.42.040 Resident Requested Permit Parkine District,,,,...-----__"____ '�
A. Residents may request that the City cr t� ermit Parking District by submitting a
petition signed by no less than eithe %bResidents or 25 Residents, whichever is less, to
the Director settingforth the propose erm`it Parkin District boundaries, the purpose of the
p p g
Permit Parking District, and any other rele�ant information. The Director will review the
information presented in the petition and/within a reasonable time make a preliminary
determination if the petition is valid. I/L Director at his or her sole discretion may investigate
the permit and/or proposed Permit Paing District, including contacting Residents to verify their
signatures.
B. The Director at his or h'er sole discretion may modify the proposed boundaries of the
proposed Permit Parking Distric.'to include roadways, alleyways, or other conspicuous
passageways, or portions thereof, that may be substantially affected by the Permit Parking
District. The additional Residents will receive notices and be provided opportunities as
applicable as if included in tl�ie initial request.
C. If the Director in
that the concerns expressed by the Residents require further
investigation and/or consideration, the Director will send a letter to each Property Unit within the
proposed Permit Parkix/g District notifying the Residents of the Proposed Permit Parking District
with a description of the boundaries, the purpose, the cost, and any other relevant information.
D. The letter will contain a ballot with instructions and requirements regarding voting on
the creation of the/Permit Parking District. Each Property Unit will be allotted one vote. The
Property Unit owner regardless of residency, will have the initial opportunity to cast a vote for
the Property Unit. In the absence of the Property Unit owner vote, the vote of a tenant of the
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