HomeMy WebLinkAboutOrd 2015-3356 ORDINANCE I�O. 33�6
ORDII�'ANCE OF THE CITY OF CHULA VISTA AMENDII�TG
TITLE 10, VEHICLES AND TRAFFIC. BY ADDING
CHAPTER 10.87. RESIDEt�'TIAL PERMIT PARK[I�'G
DISTRICTS. TO THE CHULA VISTA MLJNICIPAL CODE
�i%HEREAS, sustained and significant non-resident parkine in residential neiehborhoods
can neeatively affect quality of life by increasine traffic, preventine residents and their euests
' from fndine on-street parkine neaz residents' homes: interfering with residents' abilirv to put out
trash and recycline receptacles for pickup. and can lead to ��iolations such as litter, blocked
dmewa}�s. and interfering ��ith visibilin�by parkine too close to an intersection; and
V�'HEREAS; this ordinance sets out a process for residents to identifi� and for staff to
analyze N�ith objective factors the need for a residential permit parking district in a particulaz
residential area, and to publicl}� discuss and consider a proposed district in public meetings and
in public heazings before the Safety Commission and the Cit�� Council, and
WHEREAS; California Vehicle Code section 22507 authorizes local authorities. b��
resolution or by ordinance, to restrict the parkine of certain vehicles on certain streets during all
or certain hours of the day, including designating certain streets upon which preferential parkine
privileges are given to residents adjacent to the streets for their use and enjo}�ment, under w�hich
residents are issued pertnits that exempt them from the pazking restriction; and
WHEREAS; pursuant to Califomia Vehicle Code section 22�07, such a parl:ing
restriction shall not apph� until siens or mazkin�s givine adequate notice thereof are placed; and
\1'HEREAS, pursuant to Califomia Vehicle Code section 22�07, a resolution or
ordinance adopted pursuant to this section ma�� contain pro��isions that aze reasonable and
necessan�to ensure the effecti��eness of a preferential pazkin� pro�ram; and
VdHEREAS. a process for establishing a residential permit parking district helps presen�e
the residential character of neighborhoods and promotes the general H�elfare of the communit��.
NOW, THEREFORE, the Cit}� Council of the City of Chula Vista does ordain as follo�;�s:
Section I.
Chapter 10.87, RESIDENTIAL PERMIT PARKII��G DISTRICTS
10.87.010 Purpose
This ordinance establishes a process for creating a Residential Permit Parking District in a
residential azea. The purpose of a Residential Permit Parkine District is to limit on-street pazking
b}� non-residents and to facilitate the ability of residents and their guests N�ith permits to find on-
street pazkin� for their vehicles near their residences.
Ordinance 33�6
Page No. 2
]0.87.020 Definitions
a) "Residential Permit Parking DistricY' or District shall mean a residential area with
desienated boundaries established by City Council resolution pursuant to this Chapter
within which specia] parking restrictions are imposed, with exceptions for vehicles being
used by residents or guests displaying a valid permit.
b) "Non-resident vehicle" shall mean any motor vehicle parked in a District that is not a
"resident vehicle' or a "guest vehicle"as defined herein.
c) "GuesY' shall mean a person visiting a resident of a District.
d) "Guest vehicle ' shall mean a motor vehicle belonging to a guest, as defined herein, and
displaying a valid permit issued pursuant to this ordinance.
e) "Motor vehicle' or "vehicle" shall mean an automobile, truck, recreation vehicle,
motorcycle or other motor-driven or self-propelled form of transportation.
� "ResidenY' shall mean a person owning, leasing or residing in a dwelling unit in a
District.
g) "Resident vehide ' shall mean a motor vehicle parked in a District that is registered with
a state motor vehicle department to a resident of a DisVict and displaying a valid permit
issued pursuant to this ordinance.
h) "Temporary Permit" shall be a permit issued to a resident for up to a two week period.
10.87.030 Initiation of District Formation Process
a) Any person or person(s) seeking formation of a Residential Permit Parking District shall
submit to the City Manager a detailed description of parking issues in a residential area
attributed to non-residents and a petition on a form provided by City staf£ The petition
shall indude proposed boundaries, dates and times of restriction. The petition must be
signed by residents of at least 50 percent of the dwelling units in the area proposed for
designation and shall be subject to City verification.
b) Upon receipt of a petition satisfying the requirements set forth in subsection (a), above,
the City Manager shall undertake or cause to be undertaken surveys or studies as are
deemed necessazy to determine whether a residential area is eligible for consideration as
a Residential Permit Parking District. Eligibility shall be detercnined using objective
criteria to evaluate whether or not such residential area is materially, adversely impacted
by the parking of non-resident vehicles on public streets within the area for any extended
or continuous period during ihe day or night. City shall endeavor to complete such
surveys or studies within 90 days of receipt of a qualified petilion.
Ordinance 33�6
Pase No. 3
c) Within 30 days of the completion of the eligibiliq� analysis, the City Manager shall
endeavor to hold a communin� meeting or meetings on the subject of the elieibility and,
assuming eligibility can be established, such other matters that the Cin� Manager shall
deem necessan� and appropriate to clarifi- the proposal, and to help in the development of
the City Manaeer's recommendation on the proposed district. Such matters may include
boundaries for the proposed residential permit parking azea, the appropriate azea
prohibition or time limitation on pad:ing and the period of the day for its application,
and/or other details of a permit parking proeram. Such matters may also include
discussions of consistencv with the "Designation Criteria" provide in Section ]0.87
below�.
d) R'ithin 60 days of a communin� meetine on a District proposal, the Ciri� Manager shall
endeavor to hold a public hearing or hearines on the subject matter of eligibilin- at the
Safetv Commission and shall present a recommendation on a District proposal to the
Safen� Commission.
e) The City Manaeer shall direct staff and staff shall cause notice of such Safety
Commission public hearing or hearings to be conspicuously posted in the proposed
Residential Permit Parking District.
� The notice shall clearly state the purpose of the Safety Commission public hearing, the
location and boundaries tentatively considered for the proposed Residential Permit
Pazl:ing District and; if applicable, the permit fee to be chazged. Durine such hearine or
hearings, any interested person may be e�titled ro appear and be heazd, subject to
appropriate rules of order adopted by the Citv Manager or the Safet}� Commission.
10.87.040 Recommendation of the Cin� Manaser to the Citv Council
a) �4'ithin 60 days of the completion of the hearing or hearines conducted at the Safen�
Commission with regazd to a particular petition to establish a Residential Permit Pazl:in�
District. the City Manager shall fonvazd his or her recommendation and the Safety
Commission's recommendation by ��ritten report to the City Council, based on the record
of such meetine or meetings and the surve}�s and studies performed, whether to designate
the residential area under consideration as a Residential Permit Parkine District.
b) The report of the City Manaeer shall set foRh the evidence generated as a result of
sur��e��s and studies performed, significant subjects and concerns raised at the public
hearing or hearings conducted, the findines relative to those designation criteria listed in
Section 10.87.070 deemed applicable to the residential area and conclusions as to
�vhether the findings justifi� residential permit parking for that particular area, the
proposed boundaries of the Residential Permit Pazking District; anv proposed subarea
prohibition and da�� and time limitation(s) for its application_ and. if appropriate, any
required permit fees.
I
Ordinance 3356
Page No. 4
10.87.050 City Council Consideration and Action.
The City Council shall consider a petition for designation of Residential Permit Parking District
presented in compliance with the terms of this Chapter, the Safety Commission's
recommendation, and the City Manager's recommendation with respect thereto at a public
hearing. After the conduct of such public hearing and its consideration of(a) the City Manager's
report and recommendation, (b) any and all testimony presented in favor or against the petition,
and (c) the designation criteria set forth in Section 10.87.070 set forth below, and (e) the Safety
Commission's recommendation, the City Council may approve, disapprove or decline to act on
any District petition in its discretion. Any City Council resolution approving the designation of a
District shall include, at a minimum (a) the applicable parking regulations, (b) the period of the
day or week for their application, (c) the fee to be chazged upon permit issuance, and (d) findings
of compliance �-ith the terms of this Chapter. The City Council resolution may also limit the
number of resident or guest pem�its issued to a resident if a limitation would further the goals of
the residential parking permit program.
10.87.060 Amendment or Termination of a District.
The designation process and designation criteria set forth in this Chapter also shall be used by the
City Manager and the City Council in determining whether to terminate a Residential Permit
Parking District or amend its terms.
10.87.070 Designation Criteria
In determining whether a residential area identified as eligible for residential permit pazking
should be designated as a Residential Permit Parking District, the City Manager and the City
Council shall take into account factors which include, but are not limited to, the following:
(1) The extent of the desire and need of the residents for residential permit parking
and their willingness to comply with the permit program and to pay administrative
costs necessary to operate and maintain residential permit parking;
(2) The extent to which legal on-street parking spaces are occupied by motor vehicles
during the period proposed for parking restriction;
(3) The extent to which vehicles parking in the area durin�; the period proposed for
parking restriction are non-resident vehicles rather than resident vehicles;
(4) The extent to which motor vehicles registered to persons residing in the
residential area cannot be accommodated by the number of available off-street
parking spaces;
(5) The eatent to ��hich comnmter vehicles will be displaced into nearby residential
areas outside a Residential Permit Parking District;
(6) The extent to which alternative solutions are feasible or practical.
Ordinance 33�6
Pase I�'o. �
]0.87.080 Issuance of Permits
a) After a Residentiai Permit Pazkine District is established b} Council resolution; the Cin�
Manager shall be authorized and directed to issue. upon «ritten applications, parkine
permits. Each such permit shall be desi�nated b�� the Cin� r4anaeer or designee to reflect
the particular Residential Permit Parkine District as �;�ell as the license plate number of
the motor ��ehicle for which it is issued. Consistent ���ith this Chapter the City Manager is
authorized to issue such rules and resulations. as he/she deems necessan• or appropriate
to go��em the process and terms for the issuance of pazking permits.
b) Upon proper application, pazkine permits ma�� be issued for motor vehides as follo��s:
(]) Resident Permits. Up to three (.i) resident permits ma�� be issued upon
purchase to a d�velling unit ���ithin a district for motor vehicles that are
either reeistered in a residenYs name. or otherwise under his or her
exclusive control. No more than one parking permit shall be issued to
each motor vehicle for ���hich application is made.
(2) Proof of residenc}� and motor ��ehicle ow�nership/control shall be
demonstrated in a manner approved bv the City Manager.
(3) Guest Permit. One (1) guest permit shall be a��ailable upon application and
purchase for each dwelling unit ti�ithin a District.
(4) Temporary Permits. Up to four (4) temporar}� permits for up to a h��o (2)
week duration each shall be available upon application and purchase per
12-month period for each dwelling unit ti�ithin a District.
(�) The Cit}� Council may. in its discretion, change the matimum number of
resident. suest and temporarv permits established in this section b}�
resolution�in establishing a District to suit the particulaz needs of that
District.
c) No permit issued under this Chapter shall guarantee or resen�e an on-street pazking
space to a permit holder �ti�ithin the desienated Residential Permit Parking District.
d) An�� and all permits issued under this Chapter shall be non-transferable.
]0.87.090 Application For and Duration of Permit
Each parkine permit issued b�� the Cit�� Manager or designee under this Chapter shall be valid for
tw�el��e (12) months from date of issuance, unless otherN�ise approved b}- the City Manager. 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, and the license number of the motor ��ehicle for which
application is made. and such other information that may be deemed relevant by the City
Manaeer. Permit holders are solel�� responsible for maintaining current contact and vehide
license information associated with the permit.
Ordinance 33�6
Page No. 6
]0.87.100 Permit Fees
The fees for a Residential Permit Pazking District permit shall be set by resolution of the City
Council based upon the recommendation of the City Manager. The City Manager shall from time
to time recommend such fees to the Council that reflect an amount equal but not to exceed the
reasonable costs of administration of the program and maintenance of the District.
10.87.110 Posting of Residential Permit Parking Districts
Upon the adoption by the City Council of a resolution desi�nating a Residential Permit Parking
District the City Manager or designee shall cause signs ro be erected in the area indicating the
District prohibition or time limitation(s), period(s) of the day for its application.
10.87.120 Display of Permits
Permits must be displayed in the manner determined by the City Manager as indicated on the
permit and/or posted within the District.
10.87.130 Permit Parking Exemptions
Except as provided below, all moYor vehicles pazked on a street within a Residential Permit
Parking District shall be subject to the time restrictions or area prohibitions adopted as provided
in this Chapter, as well as the penalties provided for herein.
Residents and guests who do not park on a street in a Residential Parking Permit District during
days and hours of restriction are not required to purchase and display a permit under this
Chapter.
a) A resident motor vehicle or guest motor vehicle with a valid and properly displayed
pazking permit issued in accordance with this Chapter shall be permitted to be parked in
the Residenfial Permit Parking District without being limited by time restrictions or area
prohibitions established pursuant to this Chapter.
b) Vehicles bearing a disabled person or disabled veteran license plate or placard issued by a
state motor vehicle department shal] be exempt from time or area restrictions imposed by
this Chapter and shall be exempt from the requirements to purchase and display a permit
under this Chapter.
c) Vehicles owned or operated by a private or public utility or a government agency or
government contractor when used in the course of business shall be eaempt from time or
area restrictions imposed pursuant ro this Chapter and shall be exempt from the
requirements to purchase and display a permit under this Chapter.
Ordinance 33�6
Paee 1�'0. 7
d) An authorized emergenc}� ��ehicle when used in the course of business shall be exempt
from the time or azea restrictions imposed by this Chapter and shall be ezempt from the
requirements to purchase and displa}� a permit under this Chapter.
e) Commercial or service ��ehicles parked �vhile activelv deli�erine materials or freisht or
providine a sen�ice at a d�velling unit in the District, includine but not limited to
landscaping, pool maintenance, plumbing, electrical, construction, cleanine; propert}�
maintenance, propertv management, or home health care, shall be exempt from the time
or azea restrictions imposed pursuant to this Chapter and shall be esempt from the
requirements to purchase and displa�� a permit under this Chapter.
� Dri��er-attended vehicles pazked for the purpose of pickine up or droppine off students at
an elementarv school. middle school, junior high school, or high school ���ithin a
Residential Permit Pazking District shall be eaempt from the time or area restrictions
imposed by this Chapter and shall be e�empt From the requirements to purchase and
displa}� a permit under this Chapter.
e) Vehicles parked in the District for the purpose of a special event, block part}� or similar
� e��ent, including but not limited to functions at an elementan� school, junior high school
or hieh school ���ithin a District shall be esempt from the time or azea restrictions
imposed by this Chapter and shall be esempt from the requirements to purchase and
display a permit under this Chapter, �i�ith the advance �vritten permission of the City
Manaeer.
10.87.1�0 Application of Other Parking La���s
Vehicles displaving a permit and vehicles e�empt from displaying a permit in the Residential
Permit Parking District shall be subject to all other applicable parking restrictions or prohibitions
in the California Vehide Code or the Chula Vista A4unicipal Code.
10.87.1�0 Penaln Provision
a) It shall be unlaw-ful and a violation of this Chapter. unless expressh� pro��ided to the
contran� in Ihis Chap[er, for anv person to park a motor ��ehicle for a period esceeding the
time limitation or in violation of the area prohibition established in a Residential Permit
Parking District. Said violation shall be an infraction punishable in accordance N�ith the
provisions of Section 10.62.030.G, establishing the base penalty amount, Section
10.62.030.H throueh J, concerning ]ate payment and non-pa}�ment penalties, and County
and State pass-through fees as set out in the Ciq�`s Master Fee Schedule on parking fees.
b) It shall be unlati�ful for any resident or euest to possess or displa�� a counterfeit parkine
permit. Said violation shall be an infraction punishable in accordance w�ith the provisions
of Section ]0.62.030.G_ establishine the base penalrv amount, Section ]0.62.030.H
through J, concerning additional penalties for late pa«nents and failure to pay. and
Countv and State pass-through fees as set out in the Ciri`s Master Fee Schedule on
parking fees.
Ordinance 33�6
Page No. 8
]0.87.160 RevocationProvision
The City Manager is authorized to revoke the Residential Permit Parking District permit of any
resident or guest found to be in violation of this Chapter and, upon written notification thereof,
the person shall surrender such permit to the City Manager. Failure when so requested, to
surrender a residential parking permit so revoked shall constitute a ��iolation of this Chapter and
may be punished pursuant to Section ]0.87.150.
Section II. Se��erability
If any portion of this Ordinance, or its application to any person or circumstance; is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares thatit would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, dauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Constructiou
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effecti��e Date
This Ordinance shall take effect and be in force on the thirtieth day afrer its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
,
R�'charc�A. p � s � len R pogins �
Director of Pub Ic Works it Attnr�fiey
Ordinance 33�6
Paee No. 9
PASSED. APPROVED. and ADOPTED b�� the Cit�� Council of the Cit�� of Chula Vista
California. this l Oth dav of November 201�. bv the followine vote:
AYES: Councilmembers: Aeuilaz. Bensoussan. D4cCann. Miesen and Salas
NAYS: Councilmembers: I`TOne
ABSENT: Councilmembers: None
� /��
Mary las. Mayor
ATTEST:
�.�.� � �/ �.�
Donna R. Norris. CA4C. Cit�� Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Noms. Citv Clerk of Chula Vista. Califomia. do hereb�� certifi� that the foreeoine
Ordinance \'o. 33�6 had its first reading at a reeulaz meeting held on the 3rd da}� of November
201> and its second readine and adoption at a regulaz meetine of said City Council held on the
IOth da}� of November 201�; and was duly published in summar} form in accordance with the
requirements of state la��� and the Citv Charter.
�✓ 30, 20� � �. ��,�
Dated Donna R. Noms. CMC. Citv Clerk