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HomeMy WebLinkAboutApprove for Introduction Ordinance No 4303 and Authorize Req (3) ,-pN1iNGTo 2000 Main Street, +{'oF�. nx, „tia� Huntington Beach,CA 4. iiiii _' 92648 S Cityof Huntington Beach ' / APPROVED FOR ADOPTION yc``.0ouvrt i,A\ t 7�-0 File #: 24-011 MEETING DATE: 1/16/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager PREPARED BY: Lieutenant Thoby Archer Subiect: Adopt Ordinance No. 4303 Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits (Approved for Introduction on 12/19/2023 by a vote of 7-0) Statement of Issue: The Huntington Beach Police Department has recognized a need to amend the Municipal Code to provide a more sustainable solution for individuals requiring a medical exemption for recreational vehicle use. Financial Impact: The proposed changes would not have a financial impact. Recommended Action: Adopt Ordinance No. 4303, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits" to address special permits regarding parking time limits for recreational vehicles. Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: The current law requires individuals to renew a medical exemption every three months for a recreational vehicle parking permit. Some individuals have permanent and stationary medical disabilities requiring them to have a recreational vehicle parked on a city street. Ordinance No. 4303 proposes a minor change that allows the Chief of Police or designee, on a case-by-case basis, to allow a long-term solution by issuing a permanent permit for people who have a disability. The Chief of Police would also have the ability to revoke such permits as he or she deems necessary. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. City of Huntington Beach Page 1 of 2 Printed on 1/10/2024 powere28$1j LegistarM File #: 24-011 MEETING DATE: 1/16/2024 Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. Ordinance 4304, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits" City of Huntington Beach Page 2 of 2 Printed on 1/10/2024 powere2$'LegistarTM ORDINANCE NO. 4303 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PARKING—TIME LIMITS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 10.44.062 of the Huntington Beach Municipal Code, is hereby amended to read as follows: 10.44.062 Recreational Vehicle Parking in a Residential District—Special Permits A. The Police Chief may issue a temporary permit for the overnight parking of a recreational vehicle prohibited by Section 10.44.060 if there is a finding that the vehicle is used on a daily basis and on-premises parking is not reasonably available. A permit issued based on this finding shall not be valid for longer than six months. B. The Police Chief may issue a temporary permit to persons who demonstrate by way of written statement from a licensed medical doctor,that the recreational vehicle prohibited by Section 10.44.060 must be kept near a residence for medical reasons. (3699-4/05) C. If the applicant can demonstrate,by way of a written statement from a licensed medical doctor,that the condition is permanent and stationary,the chief may, on a case- by-case basis issue a permanent exemption. D. It is unlawful for any person to whom a permit is issued pursuant to Section 10.44.062 of this chapter to transfer, sell, rent or lease such permit or allow such permit to be used by any person other than a guest of that person, either with or without consideration. SECTION 2. That Section 10.44.065(B) of the Huntington Beach Municipal Code,is hereby amended to read as follows: B. Recreation vehicles not more than 20 feet long and 84 inches wide parked in front of and adjacent to the same residence that the vehicle owner either owns or rents, provided that a permit has been issued in advance by the Police Chief. The Police Chief, or designee, shall have authority to approve, deny, condition, or revoke any permit, and to make and enforce any rules and regulations for or regarding the issuance, administration or enforcement of any permit as set forth in this chapter. SECTION 3. This ordinance shall become effective 30 days after its adoption. ORDINANCE NO. 4303 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of Ja ,2023. ATTEST: *'NCn—. p, e6Setille1A4) ayor City Clerk APPROVE P -'4P' 0 FORM: REVIEWED VED: City Attorne City Manager P TEDA I APPROV .I: Police Chief • 318394/23-13083 2 Ord. No. 4303 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I,ROBIN ESTANISLAU,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 December 19, 2023, and was again read to said City • Council at a Regular meeting thereof held on January 16,2024, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Moser, Bolton, Bums, Van Der Mark, Strickland, McKeon, Kalmick NOES: None • ABSENT: None ABSTAIN: None • I,Robin Estanislau,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 January 25,2024. eirfr6141, 9,6‘214,14“) In accordance with the City Charter of said City. Robin Estanislau, City Clerk City Clerk and ex-officio Clerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California LEGISLATIVE DRAFT HBMC 10.44 Chapter 10.44 PARKING —TIME LIMITS 10.44.062 Recreational Vehicle Parking in a Residential District—Special Permits A. The Police Chief may issue a temporary permit for the overnight parking of a recreational vehicle prohibited by Section 10.44.060 if there is a finding that the vehicle is used on a daily basis and on-premises parking is not reasonably available. A permit issued based on this finding shall not be valid for longer than six months. B. The Police Chief may issue a temporary permit to persons who demonstrate by way of written statement from a licensed medical doctor,that the recreational vehicle prohibited by Section 10.44.060 must be kept near a residence for medical reasons. (3699-4/05) C. If the applicant can demonstrate, by way of a written statement from a licensed medical doctor,that the condition is permanent and stationary, the chief may, on a case- by-case basis issue a permanent exemption. D. It is unlawful for any person to whom a permit is issued pursuant to Section 10.44.062 of this chapter to transfer, sell, rent or lease such permit or allow such permit to be used by any person other than a guest of that person, either with or without consideration 10.44.065 Exceptions B. Recreation vehicles not more than 20 feet long and 84 inches wide parked in front of and adjacent to the same residence that the vehicle owner either owns or rents, provided that a permit has been issued in advance by the Police Chief. The Police Chief, or designee, shall have authority to approve, deny, condition or revoke any permit,and to make and enforce any rules and regulations for or regarding the issuance, administration or enforcement of any permit as set forth in this chapter. NTiacr� 2000 Main Street, �of;.,•«,.,,,a.,2e�• Huntington Beach,CA :4111111.114 92648 , Cit of Hunting ton Beach Y g APPROVED FOR INTRODUCTION •-.1.7441VV\FA , 7-0 cO j j' File #: 23-999 MEETING DATE: 12/19/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager PREPARED BY: Lieutenant Thoby Archer Subject: Approve for introduction Ordinance No. 4303 and authorize requested changes to Huntington Beach Municipal Code Chapter 10.44.062 Relating to Parking - Time Limits Statement of Issue: The Huntington Beach Police Department has recognized a need to amend the Municipal Code to provide a more sustainable solution for individuals requiring a medical exemption for recreational vehicle use. Financial Impact: The proposed changes would not have a financial impact. Recommended Action: Approve the introduction of Ordinance No. 4303, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits" to address special permits regarding parking time limits for recreational vehicles. Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: The current law requires individuals to renew a medical exemption every three months for a recreational vehicle parking permit. Some individuals have permanent and stationary medical disabilities requiring them to have a recreational vehicle parked on a city street. Ordinance No. 4303 proposes a minor change that allows the Chief of Police or designee, on a case-by-case basis, to allow a long-term solution by issuing a permanent permit for people who have a disability. The Chief of Police would also have the ability to revoke such permits as he or she deems necessary. City of Huntington Beach Page 1 of 2 Printed on 12/14/2023 powered by Legistar" File#: 23-999 MEETING DATE: 12/19/2023 Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Financial Sustainability, Public Safety or Other Attachment(s): 1. Ordinance 4304, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking - Time Limits" City of Huntington Beach Page 2 of 2 Printed on 12/14/2023 powered by LegistarTm ORDINANCE NO. 4303 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PARKING—TIME LIMITS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Section 10.44.062 of the Huntington Beach Municipal Code,is hereby amended to read as follows: 10.44.062 Recreational Vehicle Parking in a Residential District—Special Permits A. The Police Chief may issue a temporary permit for the overnight parking of a recreational vehicle prohibited by Section 10.44.060 if there is a finding that the vehicle is used on a daily basis and on-premises parking is not reasonably available. A permit issued based on this finding shall not be valid for longer than six months. B. The Police Chief may issue a temporary permit to persons who demonstrate by way of written statement from a licensed medical doctor,that the recreational vehicle prohibited by Section 10.44.060 must be kept near a residence for medical reasons. (3699-4/05) { C. If the applicant can demonstrate,by way of a written statement from a licensed medical doctor,that the condition is permanent and stationary,the chief may, on a case- by-case basis issue a permanent exemption. D. It is unlawful for any person to whom a permit is issued pursuant to Section 10.44.062 of this chapter to transfer, sell,rent or lease such permit or allow such permit to be used by any person other than a guest of that person, either with or without consideration. SECTION 2. That Section 10.44.065(B) of the Huntington Beach Municipal Code,is hereby amended to read as follows: B. Recreation vehicles not more than 20 feet long and 84 inches wide parked in front { of and adjacent to the same residence that the vehicle owner either owns or rents, provided that a permit has been issued in advance by the Police Chief. The Police Chief, or designee, shall have authority to approve, deny, condition, or revoke any permit, and to make and enforce any rules and regulations for or regarding the issuance, administration or enforcement of any permit as set forth in this chapter. SECTION 3. This ordinance shall become effective 30 days after its adoption. ORDINANCE NO. 4303 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of ,2023. ATTEST: Mayor City Clerk • APPROVE 0 FORM: REVIEWED AND APPROVED: City Attorne t'..,L City Manager ED APPROV : Police Chief • • • . j 318394/23-13083 2 LEGISLATIVE DRAFT HBMC 10.44 Chapter 10.44 PARKING—TIME LIMITS 10.44.062 Recreational Vehicle Parking in a Residential District—Special Permits A. The Police Chief may issue a temporary permit for the overnight parking of a recreational vehicle prohibited by Section 10.44.060 if there is a finding that the vehicle is used on a daily basis and on-premises parking is not reasonably available. A permit issued based on this finding shall not be valid for longer than six months. B. The Police Chief may issue a temporary permit to persons who demonstrate by way of written statement from a licensed medical doctor,that the recreational vehicle prohibited by Section 10.44.060 must be kept near a residence for medical reasons. (3699-4/05) C. If the applicant can demonstrate,by way of a written statement from a licensed medical doctor,that the condition is permanent and stationary,the chief may, on a case- by-case basis issue a permanent exemption. D. It is unlawful for any person to whom a permit is issued pursuant to Section 10.44.062 of this chapter to transfer, sell,rent or lease such permit or allow such permit to be used by any person other than a guest of that person, either with or without consideration 10.44.065 Exceptions B. Recreation vehicles not more than 20 feet long and 84 inches wide parked in front of and adjacent to the same residence that the vehicle owner either owns or rents, provided that a permit has been issued in advance by the Police Chief. The Police Chief, or designee, shall have authority to approve,deny, condition or revoke or eondition any permit,and to make and enforce any rules and regulations for or regarding the issuance, administration or enforcement of any permit as set forth in this chapter. Col[MAW: /13 124 (Push: 1 f )2J ( H.B. Wave PUBLISH DATE: 01/25/2024 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4303 Adopted by the City Council on January 16, 2024 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PARKING -TIME LIMITS" SYNOPSIS: Ordinance No. 4303 amends Chapter 10.44 of the Huntington Beach Municipal Code regarding recreational vehicle parking permits. The amendment allows the Chief of Police or designee, on a case- by-case basis, to authorize a long-term solution by issuing a permanent permit for people who have a disability. The Chief of Police also has the authority to revoke such permits as he or she deems necessary. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held January 16, 2024 by the following roll call vote: AYES: Van Der Mark, Strickland, McKeon, Burns NOES: None ABSENT: None This ordinance is effective February 15, 2024. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 ROBIN ESTANISLAU, CITY CLERK Column OFFICIAL AD PROOF This is the proof of your ad scheduled to run in Huntington Beach Wave on the dates indicated below. If changes are needed, please contact us prior to deadline at(714) 796-2209. Notice ID:wwLPAqZ5hJivKDbg6jT8 I Proof Updated:Jan.18,2024 at 02:12pm PST Notice Name:Synopsis-Ord No.4303-Parking-Time Limits I Publisher ID:0011643051 FILER FILING FOR See Proof on Next Page Donna Switzer Huntington Beach Wave donna.switzer@surfcity-hb.org (714)374-1649 Columns Wide: 5 Ad Class: Legals 01/25/2024:City Notices 293.06 Subtotal $293.06 Tax% 0 Total $293.06 Synopsis - Ord No. 4303 - Parking-Time Limits - Page 1 of 2 H.B.Wave PUBLISH DATE:01/25/2024 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4303 Adopted by the City Council on January 16,2024 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PARKING-TIME LIMITS' SYNOPSIS: Ordinance No. 4303 amends Chapter 10.44 of the Huntington Beach Municipal Code regarding recreational vehicle parking permits.The amendment allows the Chief of Police or designee,on a case-by-case basis,to authorize a long-term solution by Issuing a permanent permit for people who have a disability.The Chief of Police also has the authority to revoke such permits as he or she deems necessary. CoPies of this ordinance are available in the City Clerk's Office. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held January 16,2024 by the following roll call vote: AYES: Moser,Bolton,Burns,Van Der Mark,Strickland,McKeon, Kalmick NOES: None ABSENT: None This ordinance is effective February 15,2024. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 714-536-5227 ROBIN ESTANISLAU,CITY CLERK Huntington Beach Wave Published:1/25/24 Synopsis - Ord No. 4303 - Parking-Time Limits - Page 2 of 2 INCLUDES THE Aaliii..._P, FOUNTAIN �/ VALLEY VIEW _........ 1920 Main St. Suite 225, Irvine Irvine, California 92614 (714) 796-2209 legals@inlandnewspapers.com City of Huntington Beach - City Clerk's Office 2000 Main Street Huntington Beach, California 92648 Account Number: 5272431 Ad Order Number: 0011643051 Customer's Reference/PO Number: Publication: Huntington Beach Wave Publication Dates: 01/25/2024 Total Amount: $279.72 Payment Amount: $0.00 Amount Due: $279.72 Notice ID: wwLPAqZ5hJivKDbg6jT8 Invoice Text: H.B.Wave PUBLISH DATE: 01/25/2024 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4303 Adopted by the City Council on January 16, 2024 [https://res.cloudi nary.com/dggg2xsfd/image/upload/q_auto:best/enotice- production/documentcloud/notices/1705615611699/cdsacds.jpg] SYNOPSIS : Ordinance No.4303 amends Chapter 10.44 of the Huntington Beach Municipal Code regarding recreational vehicle parking permits.The amendment allows the Chief of Police or designee, on a case-by-case basis,to authorize a long-term solution by issuing a permanent permit for people who have a disability.The Chief of Police also has the authority to revoke such permits as he or she deems necessary. CoPies of this ordinance are available in the City Clerk's Office. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held January 16, 2024 by the following roll call vote: AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick NOES: None ABSENT: None This ordinance is effective February 15, 2024. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 ROBIN ESTANISLAU, CITY CLERK Synopsis - Ord No. 4303 - Parking-Time Limits - Page 1 of 2 See Proof on Next Page �'PPINCLUDES THE j ,� FOUNTAIN 1/ VALLEY VIEW Huntington Beach Wave 1920 Main St.Suite 225,Irvine Irvine,California 92614 (714)796-2209 2000 Main Street Huntington Beach, California 92648 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange County, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Irvine, County of Orange County, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 01/25/2024 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date:Jan 25, 2024. ekii:„±,Jorn,s_a„ Signature Synopsis - Ord No. 4303 - Parking-Time Limits - Page 1 of 2 H.B.Wave PUBLISH DATE:01/25/2024 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4303 Adopted by the City Council on January 16,2024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10A4 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO PARKING-TIME LIMITS" Ordinance No. 4303 amends Chapter 10.44 of the Huntington Beach Municipal Code regarding recreational vehicle parking permits. The amendment allows the Chief of Police or designee,on a case-by-case basis,to authorize a long-term solution by Issuing a permanent permit for people who have a disability.The Chief of Police also has the authority to revoke such permits as he or--she deems necessary. CoPies of this ordinance are available in the City Clerk's Office. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held January 16,2024 by the following roll call vote: AYES: Moser, Bolton,Burns,Van Der Mark,Strickland,McKeon, Kalmlck NOES: None ABSENT: None This ordinance is effective February 15,2024. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 714-536-5227 ROBIN ESTANISLAU,CITY CLERK Huntington Beach Wave Published:1/25/24 Synopsis - Ord No. 4303 - Parking-Time Limits - Page 2.of 2