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HomeMy WebLinkAboutOrdinance 3936 amending Chapter 10.42 of the Huntington Beac PROOF OF CITYOFNONTINGTON STAFF PRESENTED REC- NOES:Harper MENDED E RESIDENTIAL ABSENT:Nonee PUBLICATION BEACHCHANGES ABSTAIN:N6 LEGAL NOTICE PERMIT PARKING; PRO- THE FULL TEXT OF THE GRAM TO ADDRESS ORDINANCEAS AVAIL- ORDINANCE NO.3936 SEVERAL' ISSUES IN- ABLE IN THE CITY, jd 4&Q�C=O CLUDING MINOR CLERK'S OFFICE. onAF'RILI6 ZOIZ ' CLARIFICATIONS; REVI- This ordinance is ef- STATE ®F CALIFORNIA) /L p IFOR I A r CUSTOMER TO IMPROVE fective 30 days after STATE!1 L/lil... F V /1) AN ORDINANCE,OF THE CUSTOMER SERVICE, adoption. CITY OF HUNTINGTON AND ADDRESSING NEW CITY OF HUNTINGTON BEACH AMENDING ISSUES IN THE SUNSET BEACH ��eeT�/ c ORANGE ) SS. CHAPTER 10.42.OF THE BEACH AREA. 2000 MAIN STREET COUNTY_II ®r ®tltl�Al�i�� ) HUNTINGTON C BEACH PASSED AND ADOPTED HUNTINGTON BEACH, MUNICIPAL CODE RE- by the City Council of CA 92648 EATING TO RESIDENTIAL the City-of Huntington 714-536-5227 PARKING PERMIT" Beach at a regular JOAN L.FLYNN,CITY SYNOPSIS: meeting held April 16, CLERK -- — 2012 by the following H.B.Independent am a citizen of the United States and a roll call vote: . Publish Dater 04/26/ AYES: Shaw, Dwyer, 2012„__ _ resident of the County of Los Angeles; I Boardman archio, Bohr, — - — am over the age of eighteen years, and ----- --_-- not a party to or interested in the notice published. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Huntington Beach, County of Orange, and- the State of California. Attached-to this Affidavit is a true and complete copy as was printed and published on the following date(s): Thursday, April 26, 2012 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on May 4, 2012 at Los Angeles, California Signature f/&t "M M A� I "=- •' t End a f' Council/Agency Meeting Held: d 0 Deferred/Continued to: ( iI A pro ❑ Conditio ally Approved ❑ Denied - C• Cler ' Sign re Council Meeting Date: April 2, 2012 Department ID Number: PW 12-008 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION 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: Ordinance No. 3936 amending Chapter 10.42 of the Huntington Beach Municipal Code relating to Residential Parking Permits Statement of Issue: Staff is presenting recommended changes to the Residential Permit Parking program to address several issues including minor clarifications, revisions to improve customer service, and addressing new issues in the Sunset Beach area. Financial Impact: Implementation of the Municipal Code revisions is expected to have a neutral fiscal effect. A reduction in revenue in Account No. 10000100.42185 of approximately $15,000 is expected due to reduced fee collection. A corresponding reduction in expenses is expected in business unit No. 10085101 due to reduced costs for materials and staff time in administration of the program. Recommended Action: Motion to: Adopt 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." Alternative Action(s): Do not adopt the proposed ordinance and changes to the Municipal Code and continue use of the current language or provide alternative direction to staff. Analysis: Administration and enforcement of the current residential permit parking program within the City has revealed several areas where staff believes revisions, clarifications and additions would be beneficial to both the City and the residents that participate in the program. Chapter 10.42 of the Huntington Beach Municipal Code contains all of the relevant information used in establishing and administering the residential permit parking program. The recommended Ordinance and revisions to Chapter 10.42 were developed to address several issues. The primary changes are summarized in the following paragraphs. Duration of Valid Permit — Prior to annexation into the City of Huntington Beach, residents in certain areas of Sunset Beach were issued parking permits by the County of Orange that allow residents to park in front of their own garages or adjacent to their property. Once issued, these permits did not expire and residents were not required to renew them each year. The Huntington Beach program provides for annual renewal of permits with new fees Item 9. - I xB -96- REQUEST FOR COUNCIL ACTION MEETING DATE: 4/2/2012 DEPARTMENT ID NUMBER: PW 12-008 paid by residents each year to cover the cost of issuing the new permits. Staff has included revisions to allow permits to be valid for a period of 1 to 5 years. The longer duration would generally be used unless local conditions, such as high turnover rental properties within the district, dictate the need for a short duration to maintain effectiveness. The longer term provides much better service to the residents with lower costs of participation and reduced time to submit paperwork and acquire permits, including those areas outside of Sunset Beach. The longer term also reduces City costs since staff time and resources spent administering the program will be greatly reduced. The program is a net neutral revenue generator with fees imposed only to cover staff time and materials. Display of Permits — Staff has included a revision that would allow residents to use window hangers to display resident parking permits. This revision is consistent with prior Sunset Beach permitting under the County of Orange and offers greater flexibility to residents. The use of window hangers had been allowed under the City permit parking in the past. The biggest challenge with the use of hangers is that residents would forget to put the hanger up and receive tickets, resulting in a higher number of disputes/requests for dismissal with Parking Enforcement. There was probably a slightly higher rate of the permits getting lost versus the permanently affixed approach. Temporary Parking Permits — The current program requires residents to obtain temporary permits from the Public Works Department whenever a participant needs a large number of permits to accommodate guests at a special event. Information Systems staff have confirmed that an on-line system can be used so that residents participating in the program can obtain official temporary permits on-line and print them out at their home. Staff proposes a modification to Section 10.42.075 to eliminate conflicting language and allow such a program to be pursued in the future. The proposed modification will not significantly affect our current approach to temporary permits during any interim period since we typically provide temporary permits the day the request is made and do not require requests to be submitted in writing. Repeal of a Parking District — The current Municipal Code does not include any process for an existing permit parking district to be repealed. Over the years, we have had several people inquire about the process to repeal a district. While none have pursued a repeal, staff is recommending that a process be identified to address that potential in the future. Establishing a district requires a minimum of 75 percent of current occupants within the district to support the request by endorsing a petition. Staff is proposing that a simple majority (51%) of the owners or occupants be established as the basis for repealing a district. That level of support demonstrates that the original 75 percent support does not currently exist and that a majority of the residents would support the repeal. Staff considered other options, such as 26 percent support - demonstrating 75 percent support for the existing district no longer exists, and 75 percent support — mirroring the current requirement to establish in reverse. The 75 percent option seemed too restrictive for a repeal of a self- imposed program. The 26 percent option creates too many opportunities for districts to be established and repealed repeatedly with the shifting of just a couple of homeowners. Public Works Commission Action: Not required Environmental Status: The proposed changes are minor in nature and do not trigger the need for environmental review. HB -97- Item 9. - 2 REQUEST FOR COUNCIL ACTION MEETING DATE: 4/2/2012 DEPARTMENT ID NUMBER: PW 12-008 Strategic Plan Goal: Improve Internal and External Communication Attachment(s): 1. !Legislative ce No7ofChanges n Ordinance of the City of Huntington Beach Amending Chapter the HBeach Municipal Code Relatingto Residential Parkin Permit" 2. Dr to Municipal Code Chapter 10.42 Item 9. - 3 HB -98- HB -99- Item 9. - 4 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 Desimnation 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, 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: 11-3138/73625 1 Ordinance No. 3936 10.42.030 IDesienation 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. 11-3138/73625 2 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: 11-3138/73625 3 Ordinance No. 3936 (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 6 t h day of April , 20 12. Mayor ATTEST: INITIATED AND APPROVED: 1--a r -Trav1's HOP tU'n5 City Clerk VDirector of PubhAVorks REVIE ,;:APPROVED: APPROVED AS TO FORM: �1 Vt3! ager "4 " `- --1Cl— City A rney v �co 11-3138/73625 4 Ord. No. 3936 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 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, City Clerk Cill Clerk and ex-officio Oferk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California ATTACHMENT #2 LEGISLATIVE DRAFT ORDINANCE NO. 3936 Chapter 10.42 RESIDENTIAL PAIJUNG PERMIT (2619-1/84,2977-1/89,3394-7/98,3815-11/08) 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 10.42.130 Repeal of Parking District 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. (3394-7/98) 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. (bc) Resident shall mean a person who lives in a dwelling unit fronting a residential parking permit area. (3394-7/98) (ed) 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. (2619-1/84,3394-7/98) (de) Director shall refer to the Director of Public Works or his/her designee. (3394-7/98) 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, boundaries and special requirements of such districts, including duration of permit use validity(1-5 years). (2619-1/84,3394-7/98) 10.42.030 Designation process and criteria. Huntington Beach Municipal Code Chapter 10.42 Page 1 of 5 11-3138/73628 (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 seventy five „efeent (751%` sixty-frveseven percent (657%) 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) (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. (3394-7/98) (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: (3394-7/98) (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. (3394-7/98) (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. (2619-1/84) 10.42.040 Issuance and display of permits. Parking permits for residential parking permit areas, valid for W to a twefvesixt��-month period, shall be issued by the Director. Permits may be renewed aninia11 at up to a five-yeaz 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: (3394-7/98,3815-11/08) (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 hanker, 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. (3394-7/98,3815-11/08) 10.42.050 Establishment of initial charge and nnu-a1-permit fee. An initial charge shall be established for each dwelling unit with frontage within the designated street, and shall be Huntington Beach Municipal Code Chapter 10.42 Page 2 of 5 11-3138/73628 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 gal-permits and renewal. The following shall require a permit fee: (3394-7/98) (a) Issuance of initial permit(s). (3394-7/98) (b) Renewal of an existing permit. (3394-7/98) (c) Obtaining an additional permit for an additional vehicle, not to exceed four(4) resident permits per dwelling unit. (3394-7/98) (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 r,.,,fatea in two six ffie t iner-efnei4 s The full fee shall be paid if a permit is requested any time within the first six months of the 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 of all multi-year permits. A resident requesting a permit in the seeend six nths efthe po,.mit issuanee e e 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) 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. (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, 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. (2619-1/84, 3394-7/98,3815-11/08) 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 fe eivi a .wiaen..equest with a4 least to (IQ) wefking days advanee , P_ermits 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. (3394-7/98, 3815-11/08) 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. (2619-1/84,3394-7/98,3815-11/08) 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), Huntington Beach Municipal Code Chapter 10.42 Page 3 of 5 period(s) of the day for its application, and the fact that motor vehicles with valid permits shall be exempt therefrom. (2619-1/84) 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. (3394-7/98) 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. (3394-7/98) (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. (2619-1/84,3394-7/98) 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: (3815-11/08) (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. (3815-11/08) When a parking permit is to be revoked,the Director, 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. (2619-1/84,3815-11/08) Huntington Beach Municipal Code Chapter 10.42 Page 4 of 5 10.42.130 Repeal of 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: (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 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 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 narking district regulation signs. Huntington Beach Municipal Code Chapter 10.42 Page 5 of 5 ORDINANCE NO. 39:6 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 I. 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. i (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 pe on who lives in a dwelling unit fronting a residential parking permit area. (d) Residential parkingg,,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. 11 applicable California Vehicle Code and Huntington Beach Municipal Code sectio s shall be observed. (e) Director all 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 parkinst 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). ..y t ' 1 i{W z' 11-3138/73625 - 1 _ Crdinance No. 3936 SECTION 3. 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 displaythe 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. r. SECTION 4. Section 10.42.050 of the Huntington Beach Municipal Code is hereby amended to read as follows: ' 10.42.050 Establishment of initial charlze an•d 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. r' (c) Obtaining an additional permit for an additional vehicle, not to exceed four (4)resident permits per dwelling unit. t' (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 is 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. 11-3138n3625 2 Ordinance No. 3936 SECTION 5. 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 6. 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/ hall be observed. rF` SECTION 7. Section 10.42.080 ofthe 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 8. Section 10.42.130 of the Huntington Beach Municipal Code is hereby added to read as follows: 10.42.130 Repeal/f 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: 1 (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 uw . 11-3138/73625 3 Ordinance No. 3936 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. fr (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 9. 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 / day of 20 r' Mayor ATTEST: % APPROVED AS TO FORM: City Clerk / City Attorney 3�l Z/ZO/Z- i REVIE D/APPROVED: INITIATED AND APPR VED: y anager Director of Public Works Ll 11-3138/73625 4 LEGISLATIVE DRAFT Ordinance No. 3936 Chapter 10.42 RESIDENTIAL, PARKING PERMIT (2619-1/84,2977-1/89,3394-7/98,3815-11/08) 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 lk` /L1'� 10.42.090 Posting permit areas 10.42.100 Restrictions on parking permits 10.42.110 Exemptions 10.42.120 Revocation of permit 10.42.130 Repeal of Parking District 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: 7 (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. (3394-7/98) (b) Fronting shall mean a property that has anportion 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. (bc) Resident shall mean a person who lives in a dwelling unit fronting a residential parking permit area. (3394-7/98) .' (ed) Residential parking permit farea shall mean a street segment between intersections, designated by resolution o9he 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�I served. (2619-1/84,3394-7/98) (de) Director shall refer to the Director of Public Works or his/her designee. (3394-7/98) 10.42.020 Designation of varking 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`jauthorized 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). (2619-1/84,3394-7/98) 10.42.030 Designation 1process and criteria. (a) Petition of residents. The Director is authorized to establish districts upon the following criteria: Huntington Beach Municipal Code Chapter 10.42 Page 1 of 5 (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 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 ef designated as a residential parking district. (3394-7/98,3815-11/08) t, (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 foran extended period, the Director may recommend to the City Council that the street be designated as a residential parking district. The proposed parking districtshall 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�(3394-7/98) (b) Factors to be considered. In determining whether a street identified as eligible for designation as a residential parking area may e so designated,the Director shall consider factors and criteria that include, but are not limited to, the following: (3394-7/98) (1) The extent to which the residents des* e and need permit parking and their willingness to bear the administrative and all pe-/ it costs in connection therewith. (3394-7/98) (2) The extent to which legal on-streget'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. (2619-1/84) 10.42.040 Issuance and display of permits. Parking permits for residential parking permit areas, valid for up to a te ix -month period, shall be issued by the Director. Permits may be renewed mat 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: (3394-7/98,3815-11/08) (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. ( 394-7/98, 3815-11/08) 10.42.050 Establishment of initial charge and mil-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 luded in the district.and,,shall be paid only one time Huntington Beach Municipal Code Chapter 10.42 'tom` Page 2 of 5 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: (3394-7/98) (a) Issuance of initial permit(s). (3394-7/98) (b) Renewal of an existing permit. (3394-7/98) /tom' r i j yV� (c) Obtaining an additional permit for an additional vehicle, not to exceed four(4) resident permits per dwelling unit. (3394-7/98) (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 meth inefements. The full fee shall be paid if a permit is requested any time within the first six months 44he 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 of all multi-dear permits. A resident requesting a permit eke s eend-s *ffiai4hs e fthe po,..f.:t issuanee e A when less than.?12 months remain of the permit issuance period in a multi-year permit area or less than/ix months remain in an annual permit area shall pay one half of the established fee./1 2619-1/84,3394-7/98) 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. (2619-1/84,3394-7/98,3815-11/08) f 10.42.070 Guest permits. In addition to the regular resident permits issued for each dwelling unit,two (2) guest permits will be issued tothe 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. (2619-1/84,3394-7/98,3815-11/08)/ 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. (3394-7/98,3815-11/08) 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 re lac ments during the permit period will be considered on a case-by-case basis. The destroyed, lot or stolen permit shall be considered void. Use of any such voided permit is prohibited. (2619-1/84,3394-7/98,3815-11/08) 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), Huntington Beach Municipal Code Chapter 10.42 Page 3 of 5 period(s) of the day for its application, and the fact that motor vehicles with valid permits shall be exempt therefrom. (2619-1/84) 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. (3394-7/98) 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 governmenfbusiness. (c) A commercial vehicle, private vehicle, or trailer while,loading or unloading property, or when such vehicle is parked in connection with or inraid of the performance of a service to or on real property in the residential parking permitarea in which such commercial vehicle,private vehicle, or trailer is parked. (3394L7/98) (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. (2619-1/84, 3394-7/98) 10.42.120 Revocation of permit. Thd Director or Chief of Police, or his/her designee(s) may revoke a residential parking permit one (1)year if a permittee has: (3815-11/08) (a) Falsely represented himself as eligible for a parking permit or furnished false information in an application for a par mg permit. (b) Copied, reproduced or created a facsimile or counterfeit parking permit, or used, displayed, or permitteo/use or display of a facsimile or counterfeit residential parking permit or sale of a parking permit to any party. (3815-11/08) When a parking permit is to be revoked, the Director, 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 perrm�n/it to the Director or Chief of Police unless he files an appeal prior to the expiration of the een-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. (2619-1/84,3815-11/08) ri , __r 3 Lill W Huntington Beach Municipal Code Chapter 10.42 Page 4 of 5 10.42.130 RepeaR of Pahl! i ng Distn°nct. Residents may request that a permit parking district, or portion of a district, be repealed at any time they believe said district is no Ionizer needed. Process: (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. /' i (2) Upon receipt and verification of the petition signed by-ersons owning or occupying dwelling units comprising 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 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 Dir .- or. The City Council may repeal a district by resolution. When authorized by the Ci Council the Director shall notify all affected addresses of the results and shall cause th removal of all parking district regulation signs. I ,r 1 1 Huntington Beach Municipal Code Chapter 10.42 Page 5 of 5