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HomeMy WebLinkAboutORD 12-24 NEIGHBORHOOD PARKING PERMIT PROGRAMORDINANCE NO. 12-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE DELETING CHAPTER 10.30 OF THE ORANGE MUNICIPAL CODE (PARKING REQUIREMENTS) AND ADOPTING A NEW CHAPTER 10.30 WHEREAS, pursuant to California Vehicle Code Section 22507, local authorities may generally prohibit or restrict the stopping, parking, or standing of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day; and WHEREAS, local authorities may also include a designation of certain streets upon which preferential parking privileges are established with a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution; and WHEREAS,pursuant to the authority provided by the California Vehicle Code,the City Council of the City of Orange codified Chapter 10.30 of the Orange Municipal Code generally establishing parking requirements for the City of Orange;and WHEREAS, Sections 10.30.010 and 10.30.020 specifically establishes the Neighborhood Parking Permit Program which, in part, provides a process for designating portions of certain public streets for permit-parking only (Permit Parking Area) and authorizes the City Council of the City of Orange to add, remove or modify designated Permit Parking Areas within the Neighborhood Permit Parking Program by resolution; and WHEREAS, since adoption of Chapter 10.30, the City has, by resolution, established Permit Parking Areas or potential Permit Parking Areas, on a block-by-block basis, throughout the City, generally identified as Permit Parking Areas A-AA and Permit Parking Opportunity Areas A and 1-5; and WHEREAS, with the adoption of Chapter 10.30, the Neighborhood Permit Parking Program and Steps for Implementation Policy (NPPP) last approved by the City Council on August 9, 2022, which is referenced in the City Council Minutes Item 7.2 is hereby repealed; and WHEREAS, the City Council recently adopted a Master Resolution (Resolution No. 11508)on Dec 12, 2023, containing a list of all Permit Parking Areas throughout the City; and WHEREAS,it is the desire of the City Council to repeal Chapter 10.30 and adopt a new Chapter 10.30 to further codify the City's Neighborhood Permit Parking Program in order to ensure that the process creation and enforcement of Permit Parking Areas is in the Orange Municipal Code and WHEREAS,the City Council further wishes to adopt this new Chapter 10.30 in order to clarify the criteria and procedures for evaluation, recommendation and approval of Permit Parking Areas under the City's Neighborhood Permit Parking Program. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The recitals stated above are true and correct, incorporated herein, and form the basis for the adoption of this Ordinance. SECTION 2: Chapter 10.30 of the Orange Municipal Code"Parking Requirements"is hereby deleted in its entirety. SECTION 3: New Chapter 10.30 of the Orange Municipal Code "Parking Requirements," is hereby added to read as follows: 10.30.010 Neighborhood Permit Parking Program. A. The City Council may, by resolution, establish designated Permit Parking Areas, procedures, fees and other requirements pertinent to the City's Neighborhood Permit Parking Program, which is hereby established pursuant to Vehicle Code Section 22507. B. City Council by resolution, and at its sole discretion may create a Permit Parking Area including setting boundaries or hours of use or other relevant rules governing a particular Permit Parking Area. Permit Parking Areas shall be by reference to a specific block(s) and/or sides of a block(s) within certain streets or portions of streets, for the benefit of the residents and shall be based on the following findings: a. That designation of a Permit Parking Area is required to enhance or protect the quality of life in the area of the proposed Permit Parking Area which is threatened by noise, traffic hazards, environmental pollution, or devaluation of real property resulting from non-resident vehicle parking or traffic; and b. That designation of the Permit Parking Area is necessary to provide reasonably available and convenient parking for the benefit of residents within such Permit Parking Area, as there are no other feasible or practical alternatives that would reduce the identified non-resident parking. 2 10.30.020 Process To Create a Permit Parking Area. A. In order to seek approval of a Permit Parking Area an applicant must be a property owner on an affected street, and submit a written request to the Traffic Division of the Public Works Department to create a Permit Parking Area and pay the required fee, as established by resolution of the City Council. The Traffic Division will review the request and determine if proposed permit parking district boundaries can be created and then conduct a parking occupancy study to determine parking occupancy levels. If the study shows that 75% of the available parking is being utilized during the observation times, then the City will send a petition to the property owners to determine the level of support. The deadline to return petitions shall be set by the Traffic Engineer and indicated on the petition. If the City receives petitions in favor of permit parking signed by at least three-fourths (3/4) of the property owners in the proposed Permit Parking Area, the Traffic Engineer will present the request to the Traffic Commission for their consideration and further recommendation. The Traffic Commission shall consider the matter and make a recommendation to the City Council for the Permit Parking Area. The matter will be agendized for City Council consideration. If a Permit Parking Area is approved by the City Council, at its sole discretion, after signs have been posted giving notice thereof, no person shall park a motor vehicle, during all or certain portions of the day, within the boundaries of the Permit Parking Area, unless a valid parking permit is affixed to the motor vehicle in a manner that is clearly visible to law enforcement. B. Notwithstanding 10.30.020(A), within 12 months of establishing a new Permit Parking Area, property owners on an adjacent street may initiate a request for permit parking without paying an application fee. All other code procedures and requirements shall apply. The City Council may, at its sole discretion, establish areas within which individual streets may request to implement permit parking on a block-by-block basis. Requests in these areas shall be exempt from any application fees or parking occupancy requirements and the requirement to demonstrate fifty-five percent support via the petition process described in this Chapter. All other code procedures and requirements shall apply. Preemptively established permit parking areas shall be identified and described by City Council Resolution. C. Dwelling units incorporated into the permit parking program prior to June 1, 2024, may be issued permits based upon the number previously allowed. Dwelling units approved for permit parking after June 1, 2024, shall be entitled to one parking permit per approved bedroom, up to a maximum of five (5). Approved dwellings without any bedrooms may request up to one (1) permit. D. To be considered a dwelling unit eligible for permits, the dwelling unit must have been issued the proper permits by the City. A dwelling unit includes a single-family residence with an ADU and/or JADU, an apartment, a condominium, and a duplex (two dwelling units), but does not include a motel or hotel or similar use with transient occupancy. A resident means a homeowner, tenant, or other person who lives in the dwelling unit. Each permit shall be subject to all conditions and restrictions contained in this Chapter and for the Permit Parking Area designated for which it is issued. 3 E. Parking permits shall be issued in three-year cycles, as determined by the Orange Police Department. Permits issued shall be valid for the remainder of the current permitting cycle or until such time as the resident-permittee ceases to reside in the Permit Parking Area, whichever occurs first. At the discretion of the Police Chief, Chapman University Students living in any permit parking area may be issued one permit on an annual basis, up to four 4) permits per dwelling unit, unless the dwelling unit has already been issued any permits under Section 10.30.020(C). The Police Chief may modify procedures related to issuance of parking permits for Chapman University students. F. It shall be unlawful for any person to sell, rent or lease or cause to be sold,rented or leased, for any value or consideration any parking permit issued under the Neighborhood Permit Parking Program. G. It shall be unlawful for any person to buy or otherwise acquire for value or consideration or use any parking permits not lawfully issued under the Neighborhood Permit Parking Program to that person as a resident. H. Permits issued or procured through fraud or misrepresentation and permits issued to resident-permittees who have violated provisions of this Chapter may be revoked after a hearing before the Public Works Director or their designee, with notice of the time and place of such hearing mailed to the resident-permittee at least ten (10) days before the hearing. If the permit is revoked, the resident-permittee shall be mailed written notice of the City's determination. Resident-permittees who have had a permit revoked shall be ineligible for another permit under the Neighborhood Permit Parking Program for two (2) years. I. Restrictions in designated Permit Parking Areas shall not apply to any authorized emergency vehicles, City or Government vehicles, public utility vehicles or service vehicles when used for official business or any vehicles used for the collection or delivery of United States mail or any commercial vehicle actively making pickups or deliveries of good, wares or merchandise to or from a dwelling unit. J. The City Council may terminate a designated Permit Parking Area at its sole discretion or upon receipt of a petition received by the City Clerk and contains the signature and corresponding printed name and address of the property owners representing 75% of the dwelling units in the designated Permit Parking Area. 10.30.030 Clearance for Adjacent Lane. No person shall park any vehicle upon a street in such a manner or under such conditions as to leave available less than nine feet clearance for the width of the lane immediately adjacent to the nearest curb for free movement of vehicular traffic when proper notice has been given. 4 10.30.040 Distance from Curb—Plaza Square. It is unlawful to stop or park any vehicle on Plaza Square unless both front wheels are not more than 18 inches from the curb. 10.30.050 Permit Parking—Plaza Area. A. The City Traffic Engineer is authorized to designate and to alter, from time to time, the number and locations of spaces for permit parking at all parking lots owned by the City of Orange serving the central public square and circular plaza at Glassell Street and Chapman Avenue (the Plaza), which parking lots are described in Section 10.42.050 of this code. Furthermore, the City Traffic Engineer is authorized to establish from time to time, and to change, alter, and amend, and the Chief of Police is authorized to enforce, any reasonable rules and regulations which are deemed necessary or advisable for the proper and efficient operation of the permit parking at all such parking lots. B. Permits shall be issued by the City's Director of Finance on a semi-annual basis in an amount and based upon the fees therefor established and adjusted, from time to time, by resolution of the City Council amending the master schedule of fees and charges. Permits shall be affixed or attached to a permittee's motor vehicle in an area or location as designated by the Chief of Police. 10.30.060 Permit Parking—Portions of Certain Designated Public Streets—The Neighborhood Parking Permit Program. A. No person shall park a motor vehicle at any time on portions of certain designated public streets unless a valid parking permit is affixed in a manner directed by the Police Department when signs have been posted giving notice thereof. A valid parking permit shall be required to park any motor vehicle on stated portions of any public street designated by resolution of the City Council and on file with the City Clerk. A parking permit and/or visitor's permit is valid only in the neighborhood parking permit area for which the permit was issued. B. No person shall make, duplicate, reproduce, transfer, sell or give any permit issued for the neighborhood parking permit program without authorization of the City Council. Nor shall any person distribute or circulate any duplicate, reproduction or copy of any p-iiuit issued for the neighborhood parking permit program. Any violation of this subsection shall be a misdemeanor and any misuse or abuse of the permit may result in its confiscation. C. The program to mitigate the intrusion of college-oriented or other long-term vehicular parking on streets in residential areas to assure that local residents and their guests have convenient parking on streets in proximity to their homes shall be referred to as the neighborhood parking permit program. D. The City Council may, by resolution, establish additional areas, delete or modify existing areas and set forth qualifications, procedures, fees and other requirements pertinent to the neighborhood parking permit program. 5 E. The Chief of Police shall implement and administer the neighborhood parking permit program, including, but not limited to, ensuring appropriate signage and the issuance of parking permits. In addition, the Chief of Police shall report to the City Council from time to time, or when requested to do so by the Council, on the implementation of the program and recommend appropriate measures to improve the program. 10.30.070 Permit Parking Between the Hours of 10:00 P.M. and 6:00 A.M. A. No person shall park or allow a motor vehicle to remain standing between the hours of 10:00 p.m. and 6:00 a.m. on those portions of public streets designated in subsection B of this section, unless a valid parking permit is affixed to the left rear area of the bumper or such other area of the vehicle as the City Council may authorize when signs have been posted giving notice thereof. A valid parking permit shall be required to park any motor vehicle on stated portions of any public street designated in subsection B of this section. B. Any restricted parking areas established under this section shall be considered part of the neighborhood permit parking program established in Sections 10.30.010 and 10.30.020 for purposes of administration, and shall be subject to the provisions of subsections B and E of Section 10.30.060. Areas established under this section shall be designated in such a way as to avoid confusion with any area designated in Section 10.30.060. C. The areas subject to permit parking restrictions from 10:00 p.m. to 6:00 a.m. shall be designated by resolution of the City Council and on file with the City Clerk. SECTION 4: Nothing herein shall be interpreted to terminate or dissolve any existing Permit Parking Area validly established under previous requirements of the Neighborhood Permit Parking Program. Any pending applications for the establishment of a new Permit Parking Area, including applications wherein petition have or will be circulated, shall adhere to the procedures contained in this newly adopted Ordinance. SECTION 5: If any section, subdivision,paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one(or more) section, subdivision,paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 6: The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty(30)days from and after the date of its final passage. 6 ADOPTED this 25th day of June, 2024. aniel R. Slater, Mayor, City of Orange ATTEST: I Pamela Coleman, City Clerk, City of Orange APPROVED AS TO FORM: fl/fl ) Mike Vigliotta, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE I, PAMELA COLEMAN,City Clerk of the City of Orange, California,do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 11 th day of June, 2024, and thereafter at the regular meeting of said City Council duly held on the 25th day of June, 2024 was duly passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: Slater, Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer NOES: COUNCILMEMBERS: Bilodeau ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: e Pamela Coleman, City Clerk, City of Orange 7