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HomeMy WebLinkAboutOrd 1315-2002ORDINANCE NO. 1315-2002 AN ORDINANCE ADDING CHAPTER 70 TO TITLE 11 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATED TO PREFERENTIAL PARKING AREAS WHEREAS, the City Council has determined that Title 11 of the South San Francisco Municipal Code should be amended to include Chapter 70 to provide for preferential parking areas with the first such area to include property near the South San Francisco BART Station; and WHEREAS, the City Council has determined that the possibility of overflow parking from the South San Francisco BART Station may negatively impact neighborhoods near the BART Station; and WHEREAS, pursuant to the authority granted by Vehicle Code section 22507(a), the City Council has determined that a Preferential Parking Plan containing permits for the residents in the areas, combined with parking enforcement efforts will protect the residents and prevent the surrounding streets from serving as a BART commuter parking area; and NOW, THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: The purpose of this ordinance is to provide for Preferential Permit Parking Areas to ensure that residents in the area surrounding the BART station have sufficient parking near their homes. Chapter 70 is hereby added to Title 11 of the South San Francisco Municipal Code to read as follows: CHAPTER 11.70: PREFERENTIAL PERMIT PARKING PROGRAM. CHAPTER 11.70.010: DEFINITIONS. As used in this chapter the following words and phrases shall have the meaning set forth in this section. mo "Address" means and includes any residential or business address. Each dwelling unit within an apartment building that is distinguished by an apartment number and each office within an office building that is distinguished by a suite number shall be considered an address. B0 "Business" means an enterprise or establishment used for the purpose of conducting business located in the designated preferential permit parking area. Co Do Eo Fo H0 Jo Ko "Preferential permit parking area," and "permit parking area," means any street upon which the City Engineer and Police Chief impose parking limitations pursuant to the authority granted by this chapter. "Fourteen (14) day visitor parking permit" means a parking permit issued pursuant to this chapter, which when displayed upon a motor vehicle, as described herein, shall exempt the motor vehicle from parking time restrictions established pursuant to this chapter for a period of fourteen (14) days, beginning upon the date indicated upon the face of said permit. "Motor vehicle" means and includes automobile, truck, motorcycle or other motor driven form of transportation less than ten thousand (10,000) pounds gross weight. "One-day visitor parking permit" means a parking permit issued pursuant to this chapter which when displayed upon a motor vehicle, as described herein, shall exempt the motor vehicle from parking time restrictions established pursuant to this chapter or an ordinance or resolution enacted pursuant to authority granted herein, for the date indicated upon the face of said permit. "Preferential Parking Permit" means a permit issued under this chapter which, when displayed upon a motor vehicle, as described herein, shall exempt said motor vehicle from parking time restrictions established pursuant to this chapter. "Person" means and includes, but shall not be limited to, individuals, corporations, businesses, partnerships, hospitals and churches. "Residence" means a legal residential address and shall exclude business addresses. "Resident" means any person eighteen (18) years of age or older whose legal residential or business address is in the designated preferential permit parking area. "Visitor" means an individual who calls upon a resident in the designated preferential permit parking area with specific intent to spend time in or about that resident's residence but excluding persons visiting a home occupation or business." CHAPTER 11.70.020: ACTIONS AUTHORIZED THROUGH DISPLAY OF VALID PREFERENTIAL PARKING PERMIT. Ao A motor vehicle on which is displayed a valid preferential parking permit, as provided for herein, shall be permitted to stand or be parked in the preferential permit parking area for which the permit has been issued without being limited by time restrictions established pursuant to this chapter. Any motor vehicle, which does not display an authorized permit for the area and is not otherwise exempt, shall be subject to the preferential permit parking regulations and penalties in effect for such area. Bo This chapter shall not be interpreted or applied in a manner that will abridge or alter regulations established by authority other than this chapter. Co This chapter shall not exempt the preferential permit parking holder from other traffic controls and regulations existing in the designated preferential permit parking area. This chapter shall not permit the preferential permit parking holder to leave standing his or her vehicle for more than seventy-two (72) hours. CHAPTER 11.70.030: DESIGNATION OF A PREFERENTIAL PERMIT PARKING AREA. Ao The City Engineer and the Chief of Police may propose establishment of a preferential permit parking area in an area within the City of South San Francisco upon a showing that a significant daytime parking problem does or will exist. In proposing a preferential permit parking area, the City Engineer and Chief of Police may: (1) Undertake or cause to be undertaken such surveys or studies deemed necessary. (2) Cause to be drafted a resolution approving a specific preferential permit parking area. The resolution would establish a preferential permit parking area based upon studies, including any regulations and time restrictions determined by the City Engineer and the Chief of Police to be reasonable and necessary in such area. Bo The City Council may approve, reject, or modify the resolution establishing a residential permit parking area." CHAPTER 11.70.040: MODIFICATION AFTER DESIGNATION OF A PREFERENTIAL PERMIT PARKING PROGRAM. The procedures set forth in Section 11.70.030 may also be used to modify or terminate an existing preferential permit parking area. CHAPTER 11.70.050: ISSUANCE OF PREFERENTIAL PARKING PERMITS. mo Preferential parking permits shall be issued by the South San Francisco Police Department in accordance with requirements set forth in this chapter. Each such permit shall be designed to state or reflect thereon the identification of the particular preferential permit parking area. No more than one preferential parking permit shall be issued to each motor vehicle owned or leased for which application is made. Bo The South San Francisco Police Department shall issue preferential parking permits with a date of issuance. Co One preferential parking permit may be issued for each vehicle owned, leased, or under the continuing custody of any person who can demonstrate that they are currently a resident of the area for which the permit is to be issued. Do A preferential parking permit may be issued to a resident (or an employee of a business) located along a commercial street that has been determined by the City Engineer and the Chief of Police to be significantly impacted by the implementation of residential permit parking on adjacent residential streets. The City Engineer and the Chief of Police will determine which commercial streets qualify and the appropriate boundaries. Any resident or employee subject to this section will be allowed to obtain one permit for each motor vehicle they own, lease, or have under their continuing custody, but in no event shall there be more than 2 permits issued for any address. Residents or employees whose address is located in a building that was required by the City to provide on-site parking shall not be allowed to obtain a permit pursuant to this section. Eo Renewal of Business Parking Permits issued pursuant to 11.70.050(D). Permits issued to employees of business must be renewed annually at the time of business license renewal and are non-transferable. No vehicles may be parked on a street within a preferential parking permit area for more than three (3) hours unless a valid preferential parking permit or visitor permit is displayed on the vehicle in accordance with this Chapter. The City of South San Francisco Police Department is authorized to implement rules and regulations, not inconsistent with this chapter, governing the issuance and display of preferential parking permits. Ho Any person to whom a preferential parking permit has been issued pursuant to this section shall be deemed a preferential parking permit holder. CHAPTER 11.70.060: VISITOR PERMIT. The Police Department may, under specified circumstances, issue visitor- parking permits in accordance with this section. A visitor-parking permit shall be displayed on any vehicle parked for more than three hours in a preferential parking permit area. A visitor-parking permit shall be of limited duration but shall otherwise grant to the holder all the rights and privileges of a regular preferential parking permit. Visitor parking permits may be issued to grant parking privileges for a maximum of fourteen days depending on the purpose for which the visitor-parking permit is requested. In reviewing an application for a visitor-parking permit, the Chief of Police shall consider, at a minimum, the following criteria: (1) Purpose for which the permit is sought; (2) Duration of visit; (3) Number of visitor-parking permits held by the applicant; and, (4) Availability of off-street parking in the surrounding area. Bo A visitor parking permit shall clearly display the date upon which it becomes effective, the license number of the motor vehicle for which it applies, the name of the resident, and shall designate the particular preferential permit parking area for which it applies. A one-day visitor parking permit shall, during the date indicated upon the face of said permit, exempt the applicable vehicle from parking time restrictions established pursuant to this chapter. A two (2) to fourteen (14) day visitor parking permit shall, for the period applicable, commencing upon the date indicated upon the face of said permit, exempt the applicable vehicle from parking time restrictions established pursuant to this chapter. mo The Chief of Police is authorized to implement rules and regulations, not inconsistent with this chapter, concerning the issuance and display of visitor parking permits to permit holders. An eligible applicant for a visitor parking permit shall be any person eligible to obtain a preferential parking permit pursuant to criteria set forth in Section 11.70.050, but no more than five visitor parking permits per address shall be in effect at any one time. CHAPTER 11.70.070: POSTING OF PREFERENTIAL PERMIT PARKING AREA. Upon the adoption by the City Council of a resolution designating a preferential permit parking area, and subsequent to purchase of the required minimum number of parking permits, the City Engineer and the Chief of Police shall cause appropriate signs to be erected in the area, indicating prominently thereon the time limitation, period of the day for its application, and conditions under which preferential permit parking shall be exempt therefrom. CHAPTER 11.70.040: VIOLATION, PENALTY/REVOCATION OF PERMIT. It is unlawful and shall constitute a violation of this chapter for any person to park a motor vehicle, without a current preferential parking permit properly displayed, at a curb within a preferential permit parking area for a period of time exceeding the time limitation established for that preferential permit parking area. Motor vehicles identified as used by disabled persons meeting the requirements of Section 22511.5 of the California Vehicle Code shall be exempt from this subsection. Violations of this Chapter shall be punished as an infraction. The fine for said violation shall be initially set at thirty-five dollar ($35.00) and may be adjusted upon the recommendation of the Chief of Police. The Chief of Police shall base the recommendation on a survey of fines imposed in comparable permit parking areas in neighboring jurisdictions. Specific violations include the following: (1) Parking of any motor vehicle that does not contain a lawfully issued preferential parking permit or that is not otherwise exempt from the provisions of this Chapter in a preferential permit parking area for a period of time that exceeds the authorized time that a motor vehicle may park in a preferential permit parking area. (2) Using or displaying an improper, unauthorized or false preferential parking permit in order to evade time limitations on parking applicable in a preferential parking permit area. Co The Chief of Police may revoke any permit that is issued where the Chief determines that the person requesting the permit has falsely represented that he/she is eligible for a parking permit or who has furnished false information as part of his/her application. 3. PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933, a summary of this ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this ordinance along with the names of those City Council members voting for and against this ordinance or otherwise voting. This ordinance shall become effective thirty (30) days from and after its adoption. 4. SEVERABILITY In the event, any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 11th day of September 2002, by the following vote: Adopted as an ordinance of the City of South San Francisco at a regular meeting of the City Council held the 25th day of September 2002: AYES: Councilmembers Joseph A. Femekes and Karyl Matsumoto, Mayor Pro Tem Pedro Gonzalez and Mayor Eugene R. Mullin NOES: ABSTAIN: ABSENT: None. None. Councilmember Raymond L. Green ATTEST: ~.~t~' C~JClerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this 25th day of September 2002. /~ / ,