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HomeMy WebLinkAboutORD 887ORDINANCE NO. 887 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING THE PROCEDURE FOR PREFERENTIAL PARKING DISTRICTS WITHIN A RESIDENTIAL ZONE IN THE CITY OF PALM DESERT. The .City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: Section 1. Title 30 is hereby added to the Palm Desert Municipal Code and will read as follows: TITLE 30 PREFERENTIAL PARKING Sections: 30.01.010 Legislative Purpose. 30.01.020 Legislative Findings. 30.01.030 Definitions. 30.01.040 Designation of Residential Permit Parking Areas. 30.01.050 Designation Criteria. 30.01.060 Designation Process. 30.01.070 Recommendation of the Code Compliance Supervisor. 30.01.080 Issuance of Permits. 30.01.090 Visitor Permits. 30.01.100 Posting of Residential Permit Parking Area. 30.01.110 Display of Permit. 30.01.120 Permit Parking Exemption. 30.01.130 Application For and Duration of Permit. 30.01.140 Permit Fees. 30.01.150 Penalty Provision. 30.01.160 Revocation of Permits. 30.01.170 Severability. 30.01.180 Applicability to Law Enforcement or City Vehicles. 30.01.190 Annexation of Residential Streets. 30.01.200 Modifications of Regulations. 30.01.210 Deletion of Residential Streets. 30.01.220 Reserved. 30.01.010 Legislative Purpose. This title is enacted in response to the serious adverse 1 ORDINANCE NO. 887 effects caused in certain areas and neighborhoods of the City of Palm Desert by motor vehicle congestion, particularly the long-term parking of motor vehicles on the streets of such areas and neighborhoods by non-residents thereof who do not visit or conduct business with residents. Such parking by non- residents threatens the health, safety and welfare of all the residents of the City of Palm Desert. In order to protect these areas and neighborhoods, it is necessary to enact parking regulations restricting parking by non-residents therein, while providing the opportunity for residents to park near their homes. In these situations, uniform parking regulations restricting residents and non-residents alike would not serve the public interest. Rather such regulations would contribute to neighborhood decline while ignoring alternatives to automobile travel available to non-residents who park in these areas. For the reasons set forth in this chapter, a system of preferential resident parking is enacted for the City of Palm Desert. 30.01.020 Legislative Findings. (a) General Findings. The City Council finds that serious adverse effects in certain areas and neighborhoods of the City of Palm Desert result from motor vehicle congestion, particularly long-term parking of motor vehicles on the streets of such areas and neighborhoods by non-residents thereof who do not visit or conduct business with residents. The permit program established by this ordinance will relieve these serious adverse affects by: (1) Reducing potential hazardous traffic conditions resulting from the long-term parking of commuter motor vehicles in neighborhoods; (2) Protecting such areas and neighborhoods from polluted air, excessive noise, and trash and refuse caused by the entry and exit of such motor vehicles; (3) Protecting the residents of such areas and neighborhoods from unreasonable burdens in obtaining parking near their residences and in gaining access to their residence; (4) Preserving the character of such areas and neighborhoods as residential; promoting the efficiency of the maintenance of the streets of such areas and neighborhoods in a clean and safe conditions; 2 ORDINANCE NO. 887 (5) Preserving the value of property in such areas and neighborhoods; (6) Preserving the safety of children and other pedestrians; and, (7) Promoting traffic safety and the peace, good order, comfort, convenience and general welfare of the inhabitants of the city. (b) Specific Findings. The following specific legislative findings of the City Council in support of preferential resident parking are set forth as illustrations of the need compelling the enactment of this chapter. These findings do not exhaust the subject of the factual basis supporting the enactment of this preferential resident parking program. (1) The safety, health, and welfare of the residents of the city can be greatly enhanced by maintenance of the attractiveness and livability of its neighborhoods and other residential areas: (2) A large number of Palm Desert residents possess automobiles and, as a result, are daily faced with the need to store these automobiles in or near their residences; (3) Certain neighborhoods and areas of the city either have marginally sufficient on or off-street space to accommodate the convenient parking of motor vehicles by residents thereof in the vicinity of their homes or have insufficient space therefore; (4) Some neighborhoods and areas as described in (3) above are often burdened by the parking in such neighborhoods and areas of motor vehicles owned by non-residents which compete for the available on - street parking spaces; (5) There exists certain parking "generators" within the city, which attract non-residents to residential areas to seek parking which increases the severity of the shortage of space for resident parking in such neighborhoods and residential areas; (6) Unnecessary vehicle miles, noise, pollution, and strain on interpersonal relationships caused by the 3 ORDINANCE NO. 887 conditions set forth herein create unacceptable hardships on residents of these neighborhoods and areas by causing the deterioration of air quality, safety, tranquility, and other values of the urban residential environment; (7) If allowed to continue, these adverse effects on the residents of the city will contribute to a decline of the living conditions therein, a reduction in the attractiveness of residing within the city, and consequent injury to the general public welfare. The Regulations enacted in this chapter will serve to promote the safety, health and welfare of all the residents of the city by reducing unnecessary personal motor vehicle travel, noise and pollution, and by promoting improvement in air quality, the convenience and attractiveness of urban residential living, and the increased use of public mass transit facilities available now and in the future. The public welfare will also be served by preserving a more stable and valuable property tax base in order to generate the revenues required to provide essential public services. 30.01.030 Definitions. (a) "Residential Area" shall mean a contiguous or substantial contiguous area where residents dwell and which contains public streets and highways; (b) "Vehicle" shall mean a motor vehicle parked in a residential area whether it is registered or not with the State of California, Department of Motor Vehicles; (c) "Resident" shall mean a person who resides in the residential area on a permanent basis; (d) "Resident Vehicle" shall mean a motor vehicle owned or under the control of a resident and regularly parked in the residential area in which the resident resides; (e) "Residential Permit Parking Area" shall mean a residential area designated as herein provided wherein motor vehicles displaying a valid permit as described herein shall be exempt from parking regulations established pursuant to this chapter; (f) The masculine form as used in this chapter is applicable as shown by the context thereof shall apply to a female 4 ORDINANCE NO. 887 person; (g) "Owns" shall mean that a person has at least one -quarter of the fee interest in a parcel of real property within a residential permit parking area; (h) "Lease" shall mean that a person pays rent or other remuneration for use of a parcel of real property at his residence or place of business; (I) "Motor Vehicle" shall include an automobile, truck, motorcycle, or other motor -driven form of transportation not in excess of 10,000 pounds gross weight; (j) "Resident Permit" shall mean a permit issued by the parking manager for use on a resident vehicle while parked in a residential permit parking area; (k) "Non -Resident Permit" shall mean a permit issued by the parking manager for use on a commuter vehicle in those residential permit parking areas where the Public Safety Commission has, by resolution, authorized the use of such permits; and, (1) "Dwelling Unit" shall mean a house, apartment or other residence with an assigned address as used by the U.S. Postal Service or as listed in the city directory. 30.01.040 Designation of Residential Permit Parking Areas. (a) Pursuant to Section 30.01.060, the Public Safety Commission may in its discretion designate by resolution, any residential area as a residential permit parking area in which motor vehicles displaying a valid parking permit may stand or be parked without limitation by parking regulations established by this charter. (b) Said resolution shall also state the applicable parking regulations and the fees to be charged upon any identifiable parking "generators" which includes, but is not limited to, any agency, business, person or persons responsible for creating the need for this process by any activity or action that impacts residential parking in any area of the City. (c) Appeal. The Decision of the Public Safety Commission may be appealed by filing a written Notice of Appeal with the City within Ten (10) days after the decision. The Appeal shall be heard by the Public Safety Commission which may affirm, amend 5 ORDINANCE NO. 887 or reverse the decision and may take any other action deemed appropriate. 30.01.050 Designation Criteria. (a) A residential area shall be deemed eligible for consideration as a residential permit parking area if the residential area is adversely affected by any vehicles for any extended period during the day or night, on weekends, or during holidays. (b) In determining whether a residential area may be designated as a residential permit parking area, the Code Compliance Supervisor and the Public Safety Commission shall take into account factors which include but are not limited to the following: (1) The extent and the desire and need of the residents for residential permit parking; (2) The extent to which on -street parking is occupied by motor vehicles during the period proposed for parking regulations; (3) The extent to which vehicles parking in the area during the period proposed for parking regulations are commuter vehicles rather than resident vehicles; 30.01.060 Designation Process. (a) Persons desiring a residential permit parking program in a residential area shall consult with the Code Compliance Supervisor to tentatively establish the boundaries of the area proposed for designation. (b) Upon receipt of a letter from neighborhood residents or appropriate neighborhood association indicating a substantial show of interest by the residents in the residential area proposed for designation, the Code Compliance Supervisor shall undertake or cause to be undertaken surveys to determine the appropriate residential permit parking regulations for the area. Such surveys shall be completed within a reasonable time unless otherwise directed by the Public Safety Commission. (c) Within thirty (30) days of the completion of surveys to determine appropriate residential permit parking 0 ORDINANCE NO. 887 regulations for the area, the Code Compliance Supervisor shall notice as herein provided a public hearing or hearings on the subject of the proposed residential permit parking area. Said hearing or hearings shall be conducted by the Code Compliance Supervisor for the purpose of ascertaining boundaries for the proposed residential permit parking area as well as the appropriate regulations on parking. (d) Notice of the public hearing or hearings provided for herein shall be published in the official newspaper of the city at least ten (10) days before the hearing date, circularized in the neighborhood, and mailed to those institutions generating a significant volume of all -day commuter parking in the neighborhood. The notice shall clearly state the purpose of the hearing, the location and boundaries tentatively considered for the proposed residential permit parking area and if applicable the approximate permit fee to be charged therefore. During such hearing or hearing, any interested person shall be entitled to appear and be heard, subject to appropriate rules of order adopted by the Code Compliance Supervisor. (e) Within 30 days after completion of the public hearing(s) the Code Compliance Supervisor shall mail out return notices to the residents of the proposed residential permit parking area. Said notices shall provide information on the proposed location and boundaries of the area and the purposed residential permit parking regulations therein. Residents of the proposed residential permit parking area may return portion of the notices indicating thereon their support or opposition to the area. 30.01.070 Recommendation of the Code Compliance Supervisor. (a) After considering all evidence and testimony, the Code Compliance Supervisor shall within sixty (60) days recommend by written report to the Public Safety Commission, based on the record of the hearing or hearings, the surveys performed, and the returned notices received from the residents indicating support for or opposition to the program, whether to designate the residential area under consideration as a residential permit parking area. (b) The report of the Code Compliance Supervisor shall set forth the results of the surveys performed, significant subjects and concerns raised at the public hearing or 7 ORDINANCE NO. 887 hearings conducted, the proposed boundaries of the residential permit parking area, the proposed parking regulations, and the support for the program shown by the returned notices from the residents. (c) If the Public Safety Commission following a public hearing concurs, it shall adopt a resolution establishing the program for the area including the boundaries, parking regulations, fees, if any, etc. (d) The designation process and designation criteria set forth in this chapter shall also be utilized by the Code Compliance Supervisor in determining whether to recommend removal of designation as a residential permit parking area from a particular residential area. 30.01.080 Issuance of Permits. (a) Parking permits shall be issued by the Code Compliance Administration office. Each such permit shall be designed to state or reflect thereon the particular residential permit parking area, the license number of the motor vehicle for which it is issued, and any additional information required by the Code Compliance Supervisor to enforce the provisions of this chapter. No more than one parking permit shall be issued to each motor vehicle for which application is made. The requirements governing the manner in which persons shall qualify for parking permits in each residential permit parking area shall be established by resolution of the Public Safety Commission. The Code Compliance Supervisor shall recommend appropriate requirements in each area. (b) Parking permits may be issued for motor vehicles only upon application of the following persons: (1) A resident of the residential permit parking area who owns a motor vehicle; (2) A resident of the residential permit parking area who has a leased or company -owned vehicle regularly parked in the area; (3) A person who owns or leases commercial property and actively engages in business activity within a residential permit parking area. However, no more than one parking permit may be issued for each motor vehicle registered to the business establishment at the address in the designated 3 MM ORDINANCE NO. 887 area; (4) A non-resident of the residential permit parking area who pays the non-resident fee in those areas where the Public Safety Commission has authorized the usage of non-resident permits by resolution; (5) An owner of residential property that is located within the residential permit parking area. 03.01.090 Visitor Permits. The Code Compliance Supervisor is authorized upon application to issue visitor permits to residents and owners of residential properties that are located within a residential permit parking area for use of bona fide transient visitors therein. Such a visitor permit shall have all the rights and privileges of a regular permit, except as provided in Sections 25.10.182 and 25.10.183. The Code Compliance Supervisor shall recommend appropriate requirements in each area. 30.01.100 Posting of Residential Permit Parking Area. Upon the adoption of the Public Safety Commission of a resolution designating a residential permit parking area, the Code Compliance Supervisor shall cause appropriate signs, markings and/or meters to be erected in the area, indicating prominently thereon the parking regulations, and conditions under which permit parking shall be exempt therefore. 30.01.110 Display of Permit. Permits shall be displayed in a manner determined by the Code Compliance Supervisor. 30.01.120 Permit Parking Exemption. A resident motor vehicle or non-resident motor vehicle on which is displayed a valid parking permit as provided for herein shall be permitted to stand or be parked in the residential permit parking area for which the permit has been issued without being limited by parking regulations established pursuant to this chapter. Said motor vehicle shall not be exempt from parking restrictions or prohibitions established pursuant to authority other than this chapter. All other motor vehicles parked within a residential permit parking area shall be subjected to the parking regulations adopted as provided in this title as well as the penalties provided for herein. 9 Notwithstanding the foregoing, upon recommendation by the Code Compliance Supervisor, the Public Safety Commission may by resolution adopt regulations limiting the use of parking permits in an existing residential permit parking area to the, parking of motor vehicles not more than two (2) city blocks from the city block where the address for which the permit is issued is located. Such regulations may be adopted if the Public Safety Commission finds that such limitation is necessary in order to decrease on -street parking congestion and effectively regulate residential permit parking. Upon adoption by the Public Safety Commission of such regulations for an existing residential permit parking area, the Code Compliance Supervisor shall cause written notification of such limitation, either by reissuance of permits or by other appropriate means, to be mailed to all persons holding parking permits for the residential permit parking area designated in the resolution. Following such notification, no motor vehicle on which is displayed a valid parking permit as provided for herein shall be permitted to stand or be parked in such residential permit parking area more than two (2) city blocks form the city block where the address for which the permit has been issued is located. Such limitation may also be adopted when a new residential permit parking area is established by resolution of the Public Safety Commission. PAM A residential parking permit shall not guarantee or reserve to the holder thereof an on -street parking space with the designated residential permit parking area. 30.01.130 Application For and Duration of Permit. Except as provided otherwise herein, each parking permit issued by the Parking Administration office shall be valid for two (2) years or such other period of time as designated by the Code Compliance Supervisor from the date of issuance. Permits may be renewed annually or for some other period of time as designated by the Code Compliance Supervisor upon reapplication in the manner required by the Code Compliance Supervisor. 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 residential permit parking area, and the license number of the motor vehicle for which application is made, and such other information that may be deemed relevant by the Code Compliance Supervisor. 30.01.140 Permit Fees. OMM There shall be no fee charged to eligible residents of the 10 ORDINANCE NO. 887 residential parking permit area for a residential parking permit or a visitor permit. 30.01.150 Penalty Provision. (a) It shall be a violation of this chapter, unless expressly provided to the contrary herein, for any person to stand or park a motor vehicle contrary to the parking regulations established pursuant hereto. Said violation shall be subject to a parking fine of fifty dollars for each occurrence thereof. Each twenty-four hour day will constitute a separate violation of this Section. (b) It shall be unlawful and a violation of this chapter for a person to falsely represent himself or herself as eligible for a parking permit or to furnish false information in an application therefore to the transportation division. Said violation shall by punishable by a fine not to exceed $500 or by imprisonment for a period not exceeding six (6) months, or both; (c) It shall be a violation of this chapter, unless expressly provided to the contrary herein, for a person holding a valid parking permit issued pursuant to this chapter, to permit the use or display of such permit on a motor vehicle other than that for which the permit is issued. Such conduct shall constitute a violation of the chapter both by the person holding the valid parking permit and the person who so uses or displays the permit on a motor vehicle other than that for which it is issued. Upon conviction thereof, the person shall be punishable by a fine not exceeding five hundred dollars ($500.00) or be imprisoned for a period not exceeding six (6) months, or both. (d) It shall be unlawful and a violation of this chapter for a person to copy, produce, or otherwise bring into existence a facsimile or counterfeit parking permit in order to evade parking regulations applicable in a residential permit parking area. Upon conviction thereof, the person shall be punishable by a fine not exceeding five hundred dollars ($500.00) or be imprisoned for a period not exceeding six (6) months, or both. 30.01.160 Revocation of Permits. (a) The Code Compliance Supervisor is authorized to revoke 11 ORDINANCE NO. 887 the residential parking permit of any person found to be in violation of this chapter and upon written notification thereof, the person shall surrender such permit to the Code Compliance Supervisor. Failure, when so requested, to surrender a residential parking permit so revoked, shall constitute a violation of law and this chapter; and, (b) In the event a visitor permit is being used in a manner which violates this chapter, the Code Compliance Supervisor may cancel the permit by issuing notice to the holder of the permit. In addition to canceling any visitor permit used in violation of this chapter, the Code Compliance Supervisor may deny any further application for a visitor permit by any person for the residence in which such person resides as long as that person who used a visitor permit resides there. Any person aggrieved by such a determination made by the Code .Compliance Supervisor shall have the right to appeal to the Public Safety Commission within ten (10) days of such determination. 30.01.170 Severability. The provisions of this chapter are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, sections, words, or parts of the chapter on their application to other persons or circumstances. It is hereby declared to be the legislative intent that this chapter would have been adopted if such illegal, invalid or unconstitutional provisions, clause, sentence, subsection, section, word or part had not been included therein, or if such person or circumstance to which the chapter or part thereof is held inapplicable had been specifically exempted therefrom. 30.01.180 Applicability To Law Enforcement Vehicles or City Vehicles. The provisions of this shall not be construed to prohibit the stopping, standing or parking of law enforcement vehicles or city vehicles while such vehicles are being used in official City business or law enforcement activities. 12 ORDINANCE NO. 887 30.01.190 Annexation of Residential Streets to Residential Permit Parking Areas. Whenever the Public Safety Commission finds that residential streets adjacent to a residential permit parking area have all -day, on -street parking congestion, then upon recommendation by the Code Compliance Supervisor, such residential streets may be added by resolution to said residential permit parking area. A petition of over fifty percent (500) of the residents of said streets shall be required prior to implementation of residential permit parking regulations. 30.01.200 Modifications of Regulation. On -street parking regulations within a residential permit parking area may be changed by resolution of the Public Safety Commission based on recommendation by the Code Compliance Supervisor. 30.01.210 Deletion of Residential Streets From Residential Permit Parking Areas. (a) The Public Safety Commission may initiate a proceeding to delete a street from a designated residential permit parking area by adopting a resolution of intention to delete. (b) The resolution shall include: (1) a declaration of intention by the Public Safety Commission to delete; (2) a description of the street or streets to deleted; and (3) the date, time and place of a public hearing to consider the proposed deletion. (c) At least ten (10) days before the hearing, notice of the hearing shall be published in an official newspaper of the City, posted not more than 200 feet apart along the street or streets proposed for deletion, and mailed to all affected residents including persons who testified before the Public Safety Commission at public hearings in which the establishment of the residential parking permit area was considered. 13 ORDINANCE NO. 887 (d) At the hearing, the Public Safety Commission shall take into account the factors specified in Section 25.10.172(b). The Public Safety Commission may adopt a resolution deleting the street or streets described in the resolution of intention. 30.01.220 Reserved. Section 2. The City Clerk of the City of Palm Desert, California, is hereby directed to cause this ordinance to be published once within fifteen (15) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Palm Desert, California, and the same shall be in force and effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED this 24th day of September, 1998, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: Ferguson, Kelly, Spiegel, Benson NOES: None ABSENT: Crites em LZI