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HomeMy WebLinkAboutResolution No. 2016-C50RESOLUTION NO. 2016-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ESTABLISHING A PREFERENTIAL PARKING PERMIT PROGRAM FOR RESTRICTED PARKING DISTRICTS WITHIN THE CITY WHEREAS, California Vehicle Code Section 22507 provides that local authorities may 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, such resolution may include a designation of certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the streets for their use and the use of their guests, under which the residents and merchants may be issued a permit or permits that exempt them from the prohibition or restriction of the of the resolution; and WHEREAS, the City Council of the City of Azusa ("City Council") previously adopted Resolutions establishing certain restricted parking districts in the City pursuant to the authority granted in California Vehicle Code, Section 22507; and WHEREAS, the City Council desires to establish a framework to provide preferential parking permits within any restricted parking district created in the City of Azusa as necessary to provide reasonably available and convenient parking for the benefit of the residents and merchants within the proposed district. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Azusa hereby adopts the following program for the issuance of Preferential Parking Permits within Restricted Parking Districts: "CITY OF AZUSA PROGRAM FOR THE ISSUANCE OF PREFERENTIAL PARKING PERMITS WITHIN RESTRICTED PARKING DISTRICTS A. Definitions. For purposes of this Section, the following words and phrases shall have the following meanings: (1) "Dwelling" or "Residence" shall mean a house, apartment, condominium, mobile home, or other type of residence, in conformance with the City's Municipal Code. Apartments, mobile homes, or other type of residences having numbers or letters assigned in addition to the street address shall be deemed a Dwelling Unit. 45635.01000\29037978.1 - 1 - (2) "Guest" shall mean any person visiting a Dwelling Unit located in a Preferential Parking District. (3) "Merchant' shall mean any person who, as proprietor or employee, operates a commercial business involved in the retailing of goods or services within a preferential parking district. (4) "Resident' shall mean any person who resides in a "Dwelling" or "Residence" located within a preferential parking district. (5) "Guest Permit' shall mean a permit issued by the City or its designee to residents of Preferential Parking Districts, limited to use by guests of the resident within the district to which it is issued. (6) "Residential Permit' shall mean a permit allowing the parking of a "motor vehicle" to which the permit was issued an exemption from parking restrictions within preferential zones defined as residential. (7) "Commercial Permit' shall mean a permit allowing merchant parking of a "motor vehicle" to which the permit was issued an exemption from parking restrictions within preferential zones defined as commercial. (8) "Motor Vehicle" shall include any licensed automobile, truck, motor -home, recreational vehicle, trailer, motorcycles, or other motor -drive form of transportation. (9) 'Parking Permit' or 'Preferential Parking Permit' shall mean any valid resident, guest, merchant, or daily parking permit issued by the City or its designee. (10) "Preferential Parking District' shall mean a residential or commercial area with streets and boundaries designated by a City Council resolution wherein vehicles displaying a valid permit shall be exempt from parking restrictions established pursuant to this Section. B. Parking Privileges for Permit Holders. (1) Any Motor Vehicle properly displaying a valid Preferential Parking Permit defined as a "Residential Permit' for a street within a Preferential Parking Districts designated as residential may park on that street when parking on such street is prohibited to non -permitted vehicles. (2) Any Motor Vehicle properly displaying a valid Preferential Parking Permit defined as a "Commercial Permit' for a street within a Preferential Parking Districts designated as commercial may park on that street when parking on such street is prohibited to non -permitted vehicles 45635.01000\29037978.1 - 2 - (3) Except as otherwise provided in this Section, all other motor vehicles parked within a Preferential Parking District shall be subject to the parking restrictions and penalties as provided in this Section. A Preferential Parking Permit shall neither guarantee nor reserve to the holder thereof any particular on -street parking space. A Preferential Parking Permit does not exempt vehicle parking restrictions for "Street Sweeping" or Special Event closures. A permitted vehicle shall obey all other parking rules, regulations, and restrictions. C. Installation of Signs. The preferential parking designation shall not apply to any specific street within the district until a sign giving adequate notice thereof has been installed on that street. The Public Works Department or its designee will cause the installation of such signs on the streets in Preferential Parking Districts, in an order and timing in his or her discretion according to sound traffic engineering principles, indicating that there is no parking between specified hours except for vehicles which display a valid Preferential Parking Permit. D. Establishment and Enforcement of Hours. Preferential parking referenced in this Section shall be in effect and enforced on such days of the week and during such time periods as shall be determined by resolution of the City Council, and shall be posted upon such streets. Nothing in this Section shall be construed as permitting parking during times or hours or by type of vehicle otherwise prohibited in the City Code or by and provision of state law. E. Exemptions. (1) The vehicles listed in this Section may park in a Preferential Parking District without a Preferential Parking Permit: vehicles lawfully displaying a .special identification license plate or placard issued to a disabled person; vehicles of disabled veterans, emergency vehicles and other vehicles explicitly exempted from observing parking regulations pursuant to applicable provisions of state law. Vehicles readily identifiable as commercial, delivery, service, utility, or construction vehicles, while actually engaged in providing maintenance, repair, or service work to a Residence or Merchant in a program area, shall also be exempt from the parking restrictions in this Section. (2) Those streets or street segment(s) in front of schools and parks which, as determined by the City Engineer, are otherwise subject to parking restrictions that differ from those established for a preferential parking area. (3) The City Manager or designee may grant additional temporary exemptions in compliance with 22507 (b) CVC. 45635.01000\29037978.1 - 3 - F. Preferential Parking Permit -Application and Issuance. (1) Parking permits for Preferential Parking Districts shall be issued by the City Manager or designee. (2) The City or its designee shall make available preferential parking permit applications and shall issue permits upon proper application therefor. Each application and reapplication shall be on a form provided by the City or its designee and shall contain sufficient information to identity the applicant including the address and daytime telephone number of the applicant; the license number, make, model, and year of the vehicle; and such other information as deemed necessary by the City or its designee. Permits shall be issued within thirty (30) days of receipt of a complete and conforming application. (3) Each application, reapplication, and renewal application shall be accompanied by the nonrefundable fees (if any) specified by resolution of the City Council or by its designee. (4) Parking Permits become invalid and shall be returned to the City or its designee when the permit holder moves out of a Preferential Parking District. G. Resident/Commercial Parking Permits (1) Up to two (2) Resident Parking Permits may be issued to each Residence for which application is made within the designated Preferential Parking Zone. The Resident Permit is valid for two years beginning July 1 st. (2) Up to eight (8) Commercial Parking Permits may be issued to each Business for which application is made within the Preferential Parking Zone. The Commercial Permit is valid for two years beginning July 1 st. (3) It is unlawful for any person to sell, rent or lease, or cause to be sold, rented or leased, for any value or consideration, any preferential parking permit. Upon conviction of a violation of this subsection, all preferential parking permits issued to, or for the benefit of, the dwelling unit which the sold, rented or leased permit is authorized shall be void. (4) It is unlawful for any person to buy or otherwise acquire for value or use any preferential parking permit, except as provided for in this section. (5) Resident Parking Permits shall be displayed prominently on the dashboard or hanging from the rear view mirror. If a sticker permit is issued it shall be affixed to the driver side rear window of the vehicle in the lower corner or rear bumper. 45635.01000\29037978.1 - 4 - H. Guest Permits (1) Two (2), five (5) day Guest Permits may be issued to each residence annually for which application is made within the Preferential Parking Zone. Residents who do not possess a valid driver's license and who do not otherwise qualify for the Resident Parking Permit, may not obtain Guest Permits. Guest Permits are to be used only by the Resident's bona fide transient guests. Guest Permits are valid for five (5) days providing exemption from posted restrictions. (2) Guest Permits shall be displayed prominently on the dashboard or hanging from the rear view mirror. I. Permit Content. Each Preferential Parking Permit shall state the Preferential Parking Type (Residential or Commercial) in which it is valid and any additional information required by the City or its designee. J. Replacement Parking Permits. The City or its designee may issue a duplicate or replacement Residential or Commercial Permit to any person who has qualified for and who has been issued a Parking Permit under the provisions of this Section. The permit holder must furnish proof that said permit has been lost or destroyed. The duplicate or replacement Parking Permit will be reissued at a nominal cost, if any as determined by City Council resolution. K. Preferential Parking Permit Revocation. (1) The City Engineer, the Chief of Police, and their designees are authorized to revoke the parking permits of any person on any of the following grounds: i. Failing to comply with or violating any condition imposed on the issuance of a permit or; ii. Failing to comply with or violating any provision of this Section or any related law or regulation. Upon written notification, the permit holder shall surrender such permit to the requesting authority. The permit shall be considered void on the fifth day after the date of notification. Failure to surrender a revoked Parking Permit when requested shall constitute a violation of this Section. Upon revocation, parking permit fees will not be refunded. (2) Any person whose permit has been revoked shall not be issued a new permit without reapplication and establishing eligibility pursuant to this Section. (3) The action of the City Engineer, or their designees, to revoke a Parking Permit may be appealed to the City Engineer or his designee. Notice of such an appeal shall be filed 45635.01000\29037978.1 - 5 - with the City Engineer's designee within ten (10) days after the revocation. If such an appeal is timely filed, revocation shall be stayed until the City Engineer or designee's decision is made. Upon failure of the permit holder to file such notice within the ten (10) day period, the action of the City Engineer or his designee shall be final and conclusive. The hearing on the appeal shall be conducted pursuant to rules and procedures established by the City or its designee. The City Engineer's determination shall be final and conclusive on the matter and shall be subject to review only as provided in the California Code of Civil Procedure. The failure of the permit holder to appeal as provided in this Section shall be considered an exhaustion of their administrative remedies. L. Parking Permit Fees. The parking permit fees, if any, for all City parking permit programs shall be established by resolution of the City Council. Separate rates may be established for different permit types and/or permit locations. M. Permit Parking Penalty Provisions. Any preferential parking permit issued shall be subject to revocation upon evidence of the following: (1) No person shall falsely represent himself as eligible for a Parking Permit or furnish false information to the City or its designee in an application for a Preferential Parking Permit. (2) Unless otherwise herein provided, no permit issued pursuant to this Section shall thereafter be assigned, transferred, or used for any consideration, monetary or otherwise. (3) No person shall copy, produce or create a facsimile of or counterfeit a Parking Permit, nor shall any person use or display a facsimile or counterfeit Parking Permit. (4) No person shall alter or deface a Parking Permit or intentionally conceal an expiration date or otherwise attempt to present false information as true and genuine, on the face of a Parking Permit which is displayed in a vehicle parked on a City street. (5) No person shall fail to display or improperly display a Parking Permit required and issued pursuant to this Section. (6) It shall be the sole responsibility of the resident for which a Parking Permit has been issued to become familiar with the provisions for and limitations on the use of the parking permits and ignorance of these provisions and limitations shall not be claimed as a defense in any action brought for illegal or improper use of the Parking Permit and shall not be sufficient grounds to void any citation issued for any violation of this Section." 45635.01000\29037978.1 - 6 - SECTION 2. If any section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution, and each and every section, subsection, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the Resolution would be subsequently declared invalid or unconstitutional. SECTION 3. This Resolution shall take effect immediately. PASSED, APPROVED and ADOPTED this 27`h day of June, 2016. oseph Romero Rocha Mayor ATTEST: 7 S J fr a ce Comejo,7 770 City Cler 45635.01000\29037978.1 - 7 - STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2016-050 was duly adopted by the City Council of the City of Azusa at a Special Meeting thereof, held on the 27`h day of June, 2016, by the following vote of Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE v Jejo, Jr., 4Cler APPROVED AS TO FORM: "tomey BLLP C 45635.01000\29037978.1 - 8 -