HomeMy WebLinkAboutStaff Report 5386
City of Palo Alto (ID # 5386)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 12/15/2014
Summary Title: Second Reading - RPP Ordinance
Title: SECOND READING: Adoption of an Ordinance Establishin g a Citywide
Framework for Establishment of Neighborhood-Specific Residential
Preferential Parking (RPP) Districts (First Reading: December 2, 2014 PASSED: 9-0)
F rom: City Manager
Lead Department: Planning and Community Environment
Recommendation
Staff recommends that Council adopt the proposed ordinance on second reading.
Executive Summary
The proposed ordinance would implement a citywide framework with the criteria and process
for establishing residential preferential parking (RPP) programs in neighborhoods desiring such
programs. The ordinance was unanimously approved (first reading) on December 1, 2014 after
the City Council made some minor changes. These changes, which are shown in the attached
version of the ordinance, are not sufficiently substantive to warrant re-review by the Planning
and Transportation Commission or another first reading by Council.
Attachments:
Attachment A: Ordinance (PDF)
Attachment B: Correspondence (PDF)
City of Palo Alto Page 1
Attachment A -Not Yet Approved Ordinance No. ______ Ordinance of the Council of the City of Palo Alto Amending Title 10 (Vehicles and Traffic) of the Palo Alto Municipal Code by Adding Chapter 10.50 (Residential Preferential Parking Districts) and Section 10.04.086 (Parking Enforcement Contractor)
The City Council of the City of Palo Alto does ORDAIN as follows:
Section 1. Chapter 10.50 (Residential Preferred Parking Districts) is hereby added to Title 10 (Vehicles and Traffic) of the Palo Alto Municipal Code toread as follows:
Residential preferential parking districts are intended to restore and enhance the
RESIDENTIAL PREFERENTIAL PARKING DISTRICTS
Sections: 10.50.010 10.50.020 Purpose Definitions 10.50.030 10.50.040 10.50.050 10.50.060 10.50.070
RFP Designation Criteria Initiation by City Council Initiation by Neighborhood Petition Establishment of Residential Preferential Parking Districts Administration of Districts 10.50.080 10.50.090 Annexation of New Areas to Existing Districts Modification or Termination of Districts 10.50.100 Violations and Penalties
10.50.010 Purpose.quality of life in residential neighborhoods by reducing the impact of parkingassociated with nearby businesses and institutional uses. The procedures andstandards in this chapter are intended to provide flexibility so that the city councilmay adopt, after consultation with residents and neighboring businesses andinstitutions, parking programs that appropriately address protect each neighborhood’s unique characteristics. Residential preferential parking districtsshould be designed to accommodate non-residential parking when this can be done while meeting the parking availability standards determined by the city to be appropriate for the district in question. Residential preferential parking programsmay be designed to reduce non-residential parking over time to give non-residentialparkers time to find other modes of transportation or parking locations.
10.50.020 Definitions. The following words and phrases shall have the following meanings:
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a) “Director” shall mean the director of planning and community environment. b) “Dwelling unit” shall mean a self-contained house, apartment, stockcooperative unit, or condominium unit occupied by a single household exclusivelyfor residential purposes. These residential purposes may include lawful home occupations.c) “Employee permit” shall mean a permit issued for to an employee working at a business located within an RPP District or as defined in an RPP district specific resolution. d) “Guest permit” shall mean a permit issued to a Resident on an annual basisfor use by a person visiting a residence in an RPP District or for workers providing services such as caregiving, gardening, repair maintenance and construction, to the Resident. The number of Guest permits issued to Residents shall be specified in administrative regulations adopted by the Director.e) “Non-resident vehicle” shall mean a vehicle operated by a person whosedestination is not to a residence within the Residential Preferential Parking District.f) “Resident” shall mean a natural person living in a dwelling unit in an RPPDistrict. g) “Residential Preferential Parking District” or “RPP District” shall mean a geographical area in which the city council has established a preferential parkingpermit system pursuant to California Vehicle Code section 22507.h) “Visitor permit” shall mean a temporary 24-hour permit issued to a Resident for use by a person visiting a residence in an RPP District.
10.50.030 RPP Designation CriteriaThe council may designate an area as a Residential Preferential Parking District based upon the following criteria: (1) That non-resident vehicles do, or may, substantially interfere with the use ofon-street or alley parking spaces by neighborhood residents;(2) That the interference by the non-resident vehicles occurs at regular andfrequent intervals, either daily or weekly; (3) That the non-resident vehicles parked in the area of the proposed district create traffic congestion, noise, or other disruption (including shortage of parkingspaces for residents and their visitors) that disrupts neighborhood life;(4) Other alternative parking strategies are not feasible or practical.
10.50.040 Initiation by City CouncilThe city council may, by motion or resolution, initiate consideration of a RPP District by directing staff to undertake the analysis and outreach process set forth in Section 10.50.050(d) and (e).
10.50.050 Initiation by Neighborhood PetitionResidents may request the formation of an RPRP District in their neighborhood. The request shall be made, and considered, in the following manner: (a) Form of Application.
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(1) The director shall establish a standard form for the application for the formation of a new RPP District, as well as a list of submittal requirements for use by interested residents. These requirements shall include a narrative describing the nature and perceived source of non-residential parking impact, as well as suggesteddistrict boundaries. The director shall also approve a standard form for use in demonstrating resident support for the application.(2) Residents shall initiate a request for establishment of an RPP District byneighborhood petition by completing the official application form.(3) Residents are encouraged to consult with the employers and employeesthought to be the source of the parking impact as they develop their proposals. (b) Timing and Review of Applications. Each calendar year, the Director ofPlanning and Community Environment shall review all applications received priorto March 31st of that year to determine whether the RPP District criteria establishedin this Chapter are met. (c) Prioritization of Applications. Applications determined by the Director tomeet the criteria in paragraph (b) above shall be presented to the Planning andTransportation Commission. The commission shall review the requests andrecommend to the director which proposal or proposals should be given priority for review and possible implementation in the current calendar year. In making itsrecommendations, the commission shall consider the severity of non-residentialparking impact, the demonstrated level of neighborhood support, and the staffresources needed to process requests. (d) Staff Review of Applications and Community Outreach. Once an application has been selected for council consideration during the current calendar year, staff shall promptly review the application, gather additionalinformation and conduct a community outreach program. At a minimum the review process shall include the following: (1) The City shall complete parking occupancy studies to quantify the nature ofthe problem identified in the petition. Data shall be collected when schools in the Palo Alto Unified School District and Stanford University are in session, unless these institutions are irrelevant to the problem to be addressed.(2) Upon completion of the consultation and outreach process, the city attorneyshall prepare a draft resolution containing the proposed boundaries and hours ofenforcement. Staff shall undertake a survey of resident support within the RPP District. The results of this survey shall be included in and reported to the planningand transportation commission and the city council. (e) Planning and Transportation Commission Review. Staff shall bring the proposed RPP District to the planning & transportation commission no later than September of the calendar year in which consideration began. The commission shall review the draft resolution at a noticed public hearing and make a recommendation
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Not Yet Approved to the city council regarding the RPP District. This recommendation may includeproposed modifications of the boundaries. The commission’s recommendation shallbe forwarded to the city council no later than September 30th.
10.50.060 Establishment of Residential Preferential Parking Districts (a) Adoption of Resolution Establishing District. Following the completion of the procedures described in Section 10.50.050, the City Council shall hold a publichearing on a proposed resolution to establish the residential preferential parkingdistrict. The resolution may specify a trial period of up to two years. Any such trialperiod shall begin running after the signs have been posted and permits issued. Thecouncil may adopt, modify, or reject the proposed resolution. (b) Resolution. The resolution shall specify: (1) The findings that the criteria set forth in Section 10.050.030 have been met. (2) The term of the trial period, if applicable. (3) The boundaries and name of the residential preferential parking district. The boundary map may also define areas which will become subject to the regulations ofthe residential preferential parking district in the future if the council approves a resident petition for annexation as provided in Section 10.50.080 below. (4) Hours and days of enforcement of parking regulations and other restrictionsthat shall be in effect for non-permit holders, such as two-hour parking limits,overnight parking limits, or “no re-parking” zones.(5) The number of permits, if any, to be issued to merchants or other non-residential users, which number may be scheduled to reduce over time.(6) Resident permit rates which are set by City Council policy will be uniformacross each district. (7) Such other matters as the Council may deem necessary and desirable,including but not limited to fee rates and whether non-residential parking permitsare allowed to be issued and transferred. (c) Permanent Adoption. Before the expiration of the trial period, if applicable,the city council shall hold a noticed public hearing and determine whether the RPP District should be made permanent as originally adopted, modified or terminated.The council’s action shall be in the form of a resolution.
10.50.070 Administration of Districts (a) Issuance and Fees. (1) No permit will be issued to any applicant until that applicant has paid all ofhis or her outstanding parking citations, including all civil penalties and related fees.(2) A residential parking permit may be issued for a motor vehicle if the following requirements are met:A. The applicant demonstrates that he or she is currently a resident of the area for which the permit is to be issued.
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Not Yet Approved B. The applicant demonstrates that he or she has ownership orcontinuing custody of the motor vehicle for which the permit is to be issued.C. Any motor vehicle to be issued a permit must have a vehicle registration indicating registration within the area for which the permit is to be issued. (3) Visitor or guest parking permits may be issued for those vehicles or to those individuals or households that qualify for those permits under the resolution establishing the RPPD District. (4) Employee parking permits may be issued to those individuals and for those vehicles that qualify for such permits under the resolution establishing the RPP District. (b) No Guarantee of Availability of Parking. A parking permit shall not guarantee or reserve to the permit holder an on-street parking space within the designatedresidential preferential parking zone. (c) Restrictions and Conditions. Each permit issued pursuant to this Section shallbe subject to each and every condition and restriction set forth in this Chapter andas provided for in the resolution establishing the specific RPP District, as may be amended from time to time. The issuance of such permit shall not be construed towaive compliance with any other applicable parking law, regulation or ordinance. (d) Exemptions. The following vehicles are exempt from RPP District parkingrestrictions in this Chapter: (1) A vehicle owned or operated by a public or private utility, when used in the course of business. (2) A vehicle owned or operated by a governmental agency, when used in the course of official government business.(3) A vehicle for which an authorized emergency vehicle permit has been issuedby the Commissioner of the California Highway Patrol, when used in the course ofbusiness. (4) A vehicle parked or standing while actively delivering materials or freight. (5) A vehicle displaying an authorized exemption permit issued by the City ofPalo Alto. (6) A vehicle displaying a State of California or military-issued disabled person placard or license plates.(7) A vehicle parked for the purpose of attending or participating in an event taking place at a school within the Palo Alto Unified School District or another event venue within the RPP District, provided that the vehicle is parked within two blocks of the venueschool, the venue school has requested and received approval from the City at least fourteen days before the event date, and the venueschool distributes notices to all addresses within a two‐block radius of the venueschool. The RPP District Resolution shall specify the covered venues and number of permitted events per year.Exempt parking pursuant to this subsection is available for no more than five events per school year for each school.
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Not Yet Approved (8) All vehicles are exempt from parking restrictions pursuant to this Chapter on the following holidays: January 1, July 4, Thanksgiving Day, and December 25. (e) Authority of Staff a. The director is authorized to adopt administrative regulations that are consistent with the purposes of this Chapter. Prior to adoption the director shall conduct a noticed public meeting soliciting input on such guidelines.b. The Police Department or private parking enforcement contractor asapproved by the Chief of Police shall have the authority to enforce the administrative regulations established pursuant to this Chapter.
10.50.080 Annexation of New Areas to Existing DistrictsResidents of any block may petition the director for annexation into a contiguousRPP District. The petition shall be on forms provided by the department. If the petition meets the criteria established in administrative regulations adopted by the director, a resolution annexing it to the RPP District shall be prepared by the cityattorney and submitted to the city council, together with the director’s recommendation on the proposed annexation. The city council may approve, deny, or modify the annexation.
10.50.090 Modification or Termination of Districts (a) Opting out. After final adoption of an RPP District, Residents may file an application with the director to opt out of the RPP District. The minimum number of blocks and percentage of units supporting the opt-out shall be specified by the director in the administrative guidelines. Applications for opting out shall be made in the form and manner prescribed by the director and shall be acted up on by the director. Any opt out application shall be filed within ninety (90) days after council adoption of the resolution establishing the RPP District. (b) Dissolution. The city council following a noticed public hearing may adopt a resolution dissolving the RPP District: (1) Upon receipt and verification of a petition signed by 50% or more of all thehouseholds within an approved RPP District boundary, or (2) Upon findings by the City Council that the criteria for designating the RPP District are no longer satisfied.
10.50.100 Violations and Penalties (a) No person shall stop, stand or park a vehicle adjacent to any curb in a residential preferential parking zone in violation of any posted or noticedprohibition or restriction, unless the person has a valid and current residentialpreferential parking permit, visitor permit, guest permit or employee permit for that vehicle, or is otherwise exempt. Violations of this sub-section shall be punishable bya civil penalty under Chapter 10.60.010.
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Not Yet Approved (b) No person shall sell, rent, or lease, or cause to be sold, rented, or leased forany value or consideration any RPP District parking permit, visitor permit or guest permit. Upon violation of this subsection, all permits issued to for the benefit of the dwelling unit or business establishment for which the sold, rented, or leased permit was authorized shall be void. Violation of this sub-section (b) shall be punishable as an infraction misdemeanor. (c) No person shall buy or otherwise acquire for value or use any RPP District parking permit, guest permit or visitor permit except as provided for in this chapter.Violation of this sub-section (c) shall be punishable as an infraction misdemeanor. SECTION 2. Section 10.04.086 (Parking Enforcement Contractor) of Title 10 (Vehicles and Traffic) of the Palo Alto Municipal Code is hereby added to read asfollows:
10.04.086 Parking Enforcement Contractor “Parking Enforcement Contractor” means any duly qualified company that the Cityhas entered into a contract with and that has been approved by the Chief of Police toprovide enforcement of Chapter 10.50 relating to Palo Alto Municipal Code infractions only in parking zones. Enforcement includes both the issuance andprocessing of citations for RPP District parking violations. SECTION 3. Section 10.08.015 (Authority of Parking Enforcement Contractor) of Title 10 (Vehicles and Traffic) of the Palo Alto Municipal Code ishereby added to read as follows:
10.08.015 Authority of Parking Enforcement Contractor The City may enter into a contract with a duly qualified company, approved by the Chief of Police, to provide enforcement of Chapter 10.50 relating to RPP District parking violations (as permissible by the Palo Alto Municipal Code). SECTION 4. Section 10.60.010 (Parking violations punishable as civilpenalties) of Title 10 (Vehicles and Traffic) of the Palo Alto Municipal Code isamended to read as follows:
10.60.010 Parking Violations Punishable as Civil Penalties Except as otherwise provided, violations of any provision of Chapters 10.36, 10.40,10.44, 10.46, and 10.47, and 10.50 of this Title 10 (hereinafter referred to as a “parking violation”) shall be punishable by a civil penalty (hereinafter referred to asa “parking penalty”). These parking penalties, together with any late payment penalties, administrative fees, and other related charges shall be established byordinance or resolution of the city council.
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____________________________ ____________________________ ____________________________ ____________________________ ____________________________
Not Yet Approved SECTION 5. CEQA. This ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) ofTitle 14 of the California Code of Regulations since it can be seen with certainty that there is no possibility the adoption and implementation of this Ordinance may have a significant effect on the environment and Section 15301 in that this proposedordinance will have a minor impact on existing facilities. SECTION 6. Severability. If any provision, clause, sentence or paragraph ofthis ordinance, or the application to any person or circumstances, shall be heldinvalid, such invalidity shall not affect the other provisions of this Ordinance whichcan be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable. SECTION 7. This ordinance shall be effective on the thirty-first date afterthe date of its adoption.
INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST:
Interim City Clerk Mayor APPROVED AS TO FORM: APPROVED:
Senior Assistant City Attorney City Manager
Director of Planning & Community Environment
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Attachment B -