HomeMy WebLinkAbout10 AMEND CITY CODE SECTION 533 N BY ORDINANCE NO. 1447 TO EST PERMIT PARKING ON DEBUSK, WALTER, RALEIGH, DEL AMOAgenda Item 10
Reviewed.'
AGENDA REPORT City Manager
Finance Director "IN I A
MEETING DATE: SEPTEMBER 16, 2014
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER
SUBJECT: AMEND CITY CODE SECTION 5331n BY ORDINANCE NO. 1447 TO
ESTABLISH PREFERENTIAL PERMIT ONLY PARKING ON DEBUSK LANE,
WALTER AVENUE, RALEIGH PLACE AND DEL AMO AVENUE
SUMMARY:
A resident on Del Amo Avenue, between Nisson Road and Mitchell Avenue, and a resident on
Debusk Lane have expressed concerns regarding overnight parking of non - resident vehicles on
their streets, along with associated trash and night time noise. These residents have requested
that the City establish permit parking on their streets. While reviewing overnight parking on Del
Amo Avenue and Debusk Lane it was noted that Walter Avenue and Raleigh Place should be
considered as well. Therefore all four streets are included in this recommendation for permit
parking in order to provide consistency throughout the neighborhood.
RECOMMENDATION:
That the City Council introduce and have the first reading of Ordinance No. 1447 and set the
second reading for the Council's next scheduled meeting.
FISCAL IMPACT:
There will be minimal fiscal impact to implement permit parking on these streets. Permits are
issued by the Tustin Police Department at no fee and parking enforcement will be applied by
routine patrol. It is estimated that the cost to install permit parking signage along Debusk Lane,
Walter Avenue, Raleigh Place and Del Amo Avenue will be approximately $1500. Funding is
currently available in the Public Works /Engineering Division and Field Services operating budgets
to accommodate this work.
CORRELATION TO THE STRATEGIC PLAN:
Permit parking contributes to the fulfillment of the City's Strategic Plan Goal B: Public Safety and
Protection of Assets. Specifically, the project implements or fosters the implementation of
strategy #3, which among other items, is to ensure continuous maintenance and improvement of
traffic control and transportation facilities.
BACKGROUND:
On March 24, 2014 the City received a letter from a long time resident of Del Amo Avenue
requesting implementation of permit parking on his street between Nisson Road and Mitchell
Avenue.
Permit Parking on Del Amo Ave., Debusk Ln., Walter Ave. & Raleigh PI.
September 16, 2014
Page 2
Prior to writing the letter he contacted numerous residents on Del Amo Avenue who concurred
with his request. The complaints, among other things, include trash in the street and front yards,
little or no overnight parking for guests, and late night noises on a regular basis. Some neighbors
place trash cans in front of their homes to save space for their vehicles at night. Photographs are
attached for illustration purposes. Night surveys were conducted with results listed below.
On July 1, 2014 the City received a permit parking request from a resident on Debusk Lane for
similar reasons. A preliminary review of the Debusk Lane neighborhood indicated that Walter
Avenue and Raleigh Place could be candidates for permit parking. Therefore night surveys were
conducted on all three streets with results listed below.
On October 7, 2008 the Policy and Procedures for Preferential Permit Parking on Public Streets
(attached) was approved by the City Council. Under these guidelines, certain criteria were
identified which must be met in order for an area to qualify as a permit parking zone. As required
under the permit parking criteria, the need for permit parking on Del Amo Avenue, Debusk Lane,
Walter Avenue and Raleigh Place was evaluated by Public Works staff, with assistance from the
Police Department. Surveys of parked cars were conducted between the hours of 5:00 AM and.
6:00 AM on the days listed below with the following results:
All four streets are thirty six (36) feet wide with parking on both sides. The following
percentage of non - resident parking was determined for each street based on the four -day
surveys:
Del Amo Avenue
Thursday
05/01/14
Friday
05/02/14
Saturday
05/03/14
Sunday
05/04/14
Vehicles Registered to Del Amo Ave.
11
13
8
10
Vehicles Not Registered to Del Amo Ave.
25
24
32
36
All four streets are thirty six (36) feet wide with parking on both sides. The following
percentage of non - resident parking was determined for each street based on the four -day
surveys:
Del Amo Avenue
Thursday
07/24/14
Friday
07/25/14
Saturday
07/26/14
Sunday
07/27/14
Vehicles Registered to Debusk Ln.
7
8
6
10
Vehicles Not Registered to Debusk Ln.
10
14
14
11
Vehicles Registered to Walter Ave.
2
1
2
2
Vehicles Not Registered to Walter Ave.
11
11
10
8
Vehicles Registered to Raleigh PI.
16
15
17
16
Vehicles Not Registered to Raleigh PI.
11
10
9
10
All four streets are thirty six (36) feet wide with parking on both sides. The following
percentage of non - resident parking was determined for each street based on the four -day
surveys:
Del Amo Avenue
73%
Debusk Lane
61%
Walter Avenue
85%
Raleigh Place
36%
Permit Parking on Del Amo Ave., Debusk Ln., Walter Ave. & Raleigh PI.
September 16, 2014
Page 3
Although over half of the vehicles currently parking on Raleigh Place are owned by
residents of the street, staff is recommending permit parking because of the high potential
for increased non - resident parking after the other streets in the area become parking by
permit only. Approval of permit parking on these streets will reduce nightly parking by
residents from nearby apartments and allow parking for adjacent residents and guests who
qualify for permits.
The proposed action is categorically exempt from the California Environmental Quality Act
(CEQA) as provided under CEQA Guidelines Section 15301, Class 1 (Existing Facilities —
minor alteration in the operation of the existing City roadway system).
S
Attachments:
Public Works /City Engineer
1. Policy and Procedures for Preferential Permit Parking on Public Streets
2. Ordinance No. 1447
3. Tustin City Code Section 5331
4. Photographs
5. Location Map
S -. %City Counal Ilems@014 Council IremsW9- 16- 2014Termit Parking on Del Amo Av.,Debusk Ln., Waller Av. & Raleigh Pl. bocx
ATTACHMENT 1
Policy and Procedures for Preferential Permit Parking on
Public Streets
• y
TUSTIN
1
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% ae CITY OF TUSTIN
�- oat. POLICY AND PROCEDURES
p '' } , PREFERENTIAL PERMIT PARKING ON PUBLIC STREETS
{ L U October 7, 2008
RUII.DING OUR FUTURE
HONORING OUR PAS
The Tustin City Council may adopt the following Policy and Procedures for the criteria,
application, evaluation, administration, fees and implementation of Permit Parking as
applicable to public streets within the City. This policy is intended to mitigate parking
intrusions (spillover parking) that may impact the quality of life and affect the public
safety in single family detached neighborhoods.
Criteria
1. Only residential streets in single family detached neighborhoods shall be eligible for
Permit Parking.
2. Permit Parking, if approved, shall be limited to a designated area, not less than one
block.
3. Permit Parking will be considered by the City Council given:
A. Any one household within a potential Permit Parking Area makes an application
to the Public Works Department for the establishment thereof.
B. A parking analysis/evaluation is completed by the Public Works Department.
4. The City Council may, at its sole discretion, review and approve or deny any
application for Permit Parking in the interest of community benefit or public safety.
Application
1. An application for Permit Parking shall contain a description of the problem, the
time the problem is occurring, the general area affected by the parking intrusion,
and the applicant's name, home address and telephone number(s).
2. The City Engineer shall determine the exact limits of the general area.
3. The applicant or designee shall be the contact person for the City staff.
Permit Process
1. The. City Engineer shall prepare an agenda report to be considered by the City
Council.
-1- •
A. The report shall state the facts pursuant to the request for permit parking
consideration. The applicant shall be provided a copy of the staff report.
2. If a permit parking area is approved by the City Council, each household in the
permit parking area who wishes to park within the designated restricted area will be
required to obtain a permit to do so pursuant to the permit issuance outline below.
3. If the request for Permit Parking is denied, a second analysis of the same or similar
general area will not be conducted for a minimum of twelve months unless there is
a significant, identifiable change in parking characteristics as determined by the
City Engineer. Subsequent analysis of the same general area will be subject to the
same requirements and procedures as the initial request.
Permit Issuance
1. All authorized preferential Permit Parking will prohibit overnight parking from 2am to
6am, seven (7) day a week, unless approved otherwise by City Council.
2. All residents in a preferential Permit Parking Area will be subject, without exception,
to all related parking regulations.
3. Each household will be issued a permit(s) upon request and verification of full
utilization of off-street parking.
4. Parking Permits shall be obtained in person at the Police Department. The
applicant must provide proof of residency; vehicle license and registration, and
complete and sign a Permit Parking Application. This document will be the
permanent record of the respective household's Program participation,
acknowledgement and receipt of the Permit Parking Program's procedures and
requirements.
5. Approved permits are not transferable.
6. Temporary guest permits may, at the discretion of the Police Department, be
issued during normal business hours at no cost to households in a Permit Parking
Area.
7. All Parking Permits remain the property of the City and may be revoked if used
contrary to the provisions of this policy.
Bail Schedule
The fine for violation of the Permit Parking regulations shall be as the City Council
may set from time to time.
-2-
•
Misuse of Parking Permits
Any person selling, fraudulently using, reproducing or mutilating a Parking Permit
issued in conjunction with the Parking Permit Program shall be guilty of an
infraction and shall be subject to a fine as the City Council may set from time to
time and the forfeiture of all Parking Permits, or such other penalty as the City
Council may, from time to time, set by ordinance.
Program Removal
1. A Permit Parking Area or part thereof may be removed from the Permit Parking
Program by the City Council pursuant to a determination that removal from the
Program is in the community interest or in the interest of public safety or at City
Council discretion.
2. There shall be no cost to the residents associated with removing an area from the
Permit Parking Program.
3. If an existing Permit Parking Area is revoked, any request for reinstatement shall
be subject to the same process as that of a new Parking Permit Area.
Exceptions & Exemptions
To accommodate particular events or circumstances, the Police Department may,
temporarily, suspend enforcement of the Permit Parking regulations.
FEE
The fee for preferential Permit Parking regulations shall be as the City Council may
set from time to time. Currently, permits are issued at no fee.
-3-
ATTACHMENT 2
Ordinance No. 1447
ORDINANCE NO. 1447
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY
CODE SUBSECTION 5331n REGARDING DESIGNATION
OF ZONES FOR PARKING BY PERMIT ONLY.
The City Council of the City of Tustin, California, hereby ordains as follows
SECTION I: The City Council finds and determines:
A. That section 22507(a) of the State of California Vehicle Code grants cities
the authority to establish preferential parking on designated streets or portions thereof,
during all or certain times of the day, upon approval by the City Council of an ordinance
or resolution containing provisions that are reasonable and necessary to assure the
effectiveness of a preferential parking program, and after signs giving adequate notice
of such regulations are placed.
B. That the City Council has determined that, for a variety of reasons that
differ by location in the City, parking in certain locations in the City is impacted, and at
times, residents and their guests are unable to find parking spaces in convenient
proximity to their residences. A lack of adequate parking within convenient proximity to
residences can have an adverse impact on safety of the traveling and pedestrian public,
and may adversely affect the quality of residential living.
C. That in light of the foregoing, it is beneficial to the business merchants, the
residents and to the safety and welfare of the community as a whole, to establish a
process for the designation of "locations for preferential parking privileges to better
ensure availability of adequate parking within convenient proximity to residences.
D. That this Code amendment is regulatory in nature, and the City of Tustin
has a substantial interest in protecting the health and safety and welfare of the public,
including those traveling upon and parking upon City streets.
E. That on September 16, 2014, a public meeting was duly noticed, called,
and held concerning this Code amendment.
F. That the Code amendment regulates the use of existing public highways
and streets for public health, safety and welfare purposes, directs a minor alteration in
the operation of the City roadway system, and as such, the Class 1 Existing Facilities
exemption in the California Environmental Quality Act Guidelines, Section 15301
applies.
G. That the proposed amendment is reasonably necessary to protect the
health, safety and welfare of the citizens of the City of Tustin.
1020578.1
SECTION II: Subsection 5331n of the Tustin City Code is hereby amended to add
subsection (10), and to read in its entirety as follows:
5331 STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED
ON CERTAIN STREETS
n Parking by Permit Only
The following area(s) have been designated to require a special parking
permit to park vehicles on the streets between the hours of 2:00 a.m. and 6:00
a.m., seven (7) days a week.
(1) Heatherfield Drive and Sandwood Place between Mitchell Avenue
and Cloverbrook Drive.
(2) Rosalie Place and Quent Drive.
(3) Cindy Lane and Letty Lane. (Ord. No. 985, 5-4-87; Ord. No. 1131,
7-18-94; Ord. No. 1165, 4-1-96)
(4) Cloverbrook Drive. (Ord. No. 1236, 5-21-01)
(5) Myrtle Avenue between Second Street and Main Street.
(6) Main Street between Pasadena Avenue and Pacific Street (north
side of Main Street); Lorelei Lane; and Myrtle Avenue, Medallion
Avenue, California Street, Pacific Street, and Corla Avenue, north
of McFadden Avenue. (Ord. No. 370, Sec. 1; Ord. No. 786, Sec. 20,
2-5-79; Ord. No. 1244, 10-1-01; Ord. No. 1247, 11-5-01)
(7) South Side of Mitchell Avenue between Heatherfield Drive and
Browning Avenue. (Ord. No. 1266, 3-3-03)
(8) Copperfield Drive between Red Hill Avenue and Sandbrook Drive.
(Ord. No. 1362, Sec. II, 4-7-09)
(9) Sandfield Place between Browning Avenue and Fernbrook Drive.
(Ord. No. 1363, Sec. II, 2-16-10)
(10) Debusk Lane; Raleigh Place; Walter Avenue; and Del Amo Avenue
between Nisson Road and Mitchell Avenue.
SECTION III: This Ordinance shall become effective on the 315t day after its adoption
on second reading. The newly designated permit-only parking area shall be enforced
after signs are placed on the restricted portions of the City streets giving notice of the
permit-only parking restrictions.
SECTION IV: If any section, subsection, subdivision, paragraph, sentence, clause, or
phrase in this Ordinance or any part thereof is for any reason, held to be
unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
1020578.1
Ordinance or any part thereof. The City Council hereby declares that it would have
passed this Ordinance and each section, subsection, subdivision, sentence, clause, and
phrase thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, or phrases be declared unconstitutional.
PASSED, APPROVED, AND ADOPTED this 7th day of October, 2014.
ELWYN A. MURRAY
MAYOR
ATTEST:
JEFFREY C. PARKER
CITY CLERK
APPROVED AS TO FORM:
DAVID E. KENDIG
CITY ATTORNEY
•
1020578.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN
ORDINANCE NO.
Jeffrey C. Parker, City Clerk of the City of Tustin, California, does hereby certify that the
whole number of the members of the City Council of the City of Tustin is five; that the
above and foregoing Ordinance was passed and adopted at a regular meeting of the
City Council held on the 7th day of October, 2014, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
•
JEFFREY C PARKER
CITY CLERK
102057&I
ATTACHMENT 3
Tustin City Code Section 5331
Municode Page 1 of 3
5331 STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON
CERTAIN STREETS
a
Twenty-Four Minute Parking
Green curb markings shall mean no standing or parking for a period of time longer than 24
minutes.
When authorized signs, parking meters or curb markings have been determined by the City
Traffic Engineer to be necessary and are in place giving notice thereof and indicating the hours and
days when in effect, no operator of any vehicle shall stop, stand or park said vehicle adjacent to any
such legible curb marking or sign or parking meter in violation thereof. (Ord. No. 570)
b
Forty Minute Parking
When authorized signs, parking meters or curb markings have been determined by the City
Traffic Engineer to be necessary and are in place giving notice thereof and indicating the hours and
days when in effect, no operator of any vehicle shall stop, stand or park said vehicle for a period of
time longer than 40 minutes. (Ord. No. 570)
c
One Hour Parking
When authorized signs, parking meters or curb markings have been determined by the City
Traffic Engineer to be necessary and are in place giving notice thereof and indicating the hours and
days when in effect, no operator of any vehicle shall stop, stand or park said vehicle for a period of
time longer than one hour. (Ord. No. 570)
d
Two Hour Parking
When authorized signs, parking meters or curb markings have been determined by the City
Traffic Engineer to be necessary and are in place giving notice thereof and indicating the hours and
days when in effect, no operator of any vehicle shall stop, stand or park said vehicle for a period of
time longer than two hours. (Ord. No. 570)
e
Four Hour Parking
When authorized signs, parking meters or curb markings have been determined by the City
Traffic Engineer to be necessary and are in place giving notice thereof and indicating the hours and
days when in effect, no operator of any vehicle shall stop, stand or park said vehicle for a period of
time longer than four hours.
f
Eight Hour Parking
When authorized signs, parking meters or curb markings have been determined by the City
Traffic Engineer to be necessary and are in place giving notice thereof and indicating the hours and
days when in effect, no operator of any vehicle shall stop, stand or park said vehicle for a period of
time longer than eight hours.
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MUnicode Page 2 of 3
9
Twelve Hour Parking
When authorized signs, parking meters or curb markings have been determined by the City
Traffic Engineer to be necessary and are in place giving notice thereof and indicating the hours and
days when in effect, no operator of any vehicle shall stop, stand or park said vehicle for a period of
time longer than twelve hours.
• h
Parking Parallel on One-Way Streets
(1) Subject to other and more restrictive limitations, a vehicle may be stopped or parked
within 18 inches of the left-hand curb facing in the direction of traffic movement upon
any one-way street unless signs are in place prohibiting such stopping or standing.
(2) In the event a highway includes two or more separate roadways and traffic is
restricted to one direction upon any such roadway, no person shall stand or park a
vehicle upon the left-hand side of such one-way roadway unless signs are in place
permitting such standing or parking.
(3) The City Traffic Engineer is authorized to determine when standing or parking shall be
prohibited upon the left-hand side of any one-way street or when standing or parking
may be permitted upon the left-hand side of any one-way roadway of a highway
having two or more separate roadways and shall erect signs giving notice thereof.
(4) The requirement of parallel parking imposed by this Section shall not apply in the
event any commercial vehicle is actually engaged in the process of loading or
unloading freight or goods, in which case such vehicle may be backed up to the curb,
provided that such vehicle does not extend beyond the center line of the street and
does not block traffic thereby.
Diagonal Parking
On any of the streets or portions of streets established by resolution of the Council as
diagonal parking zones, when signs or pavement markings are in place indicating such diagonal
parking, it shall be unlawful for the operator of any vehicle to park said vehicle except: •
(1) At the angle to the curb indicated by signs or pavement markings allotting space to
parked vehicles and entirely within the limits of said allotted space;
• (2) With the front wheel nearest the curb within six (6) inches of said curb.
The provisions of this Section shall not apply when such vehicle is actually engaged in the
process of loading or unloading passengers, freight or goods, in which event the provisions
applicable in Section 5331e of this Chapter shall be complied with.
Parking Space Markings
The City Traffic Engineer is authorized to install and maintain parking space markings to
indicate parking spaces adjacent to curbings where authorized parking is permitted.
When such parking space markings are placed on the highway, subject to other and more
restrictive limitations, no vehicle shall be stopped, left standing or parked other than within a single
space unless the size or shape of such vehicle makes compliance impossible.
k
No Stopping Zones
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The City Traffic Engineer shall designate established no stopping zones by placing and
maintaining appropriate signs indicating that stopping of vehicles is prohibited and indicating the
hours and day when stopping is prohibited.
During the hours and on the days designated on the signs, it shall be unlawful for the
operator of any vehicle to stop said vehicle on any of the streets or parts of streets established by
resolution of the Council as no stopping zones.
Reserved. (Ord. No. 370, Sec. 1; Ord. No. 786, Sec. 21, 2-5-79)
m
Curb Parking Right-of-Way
For the purpose of this Section a curb parking space shall be an area open for lawful parking
alongside or adjacent to a curb, which area is not of sufficient length to permit two or more vehicles
to freely move for parking therein at the same time. Any person seeking to park his vehicle in a curb
parking space, whose vehicle arrives at said parking space prior to any vehicle other than his, and
who proceeds beyond said space a distance not to exceed ten (10) feet measured at the rear
bumper, for the purpose of backing his vehicle therein, shall have the right-of-way over any person
driving, or attempting to drive any other vehicle directly into such curb parking space, and driver of
such other vehicle shall yield the right-of-way to the driver first arrived at said parking space. (Ord.
No. 370, Sec. 2; Ord. No. 885, Sec. 1, 5-2-83)
n
Parking by Permit Only
The following area(s) have been designated to require a special parking permit to park
vehicles on the streets between the hours of 2:00 a.m. and 6:00 a.m., seven (7) days a week.
(1) Heatherfield Drive and Sandwood Place between Mitchell Avenue and Cloverbrook
Drive.
(2) Rosalie Place and Quent Drive.
(3) Cindy Lane and Letty Lane. (Ord. No. 985, 5-4-87; Ord. No. 1131, 7-18-94; Ord. No.
1165, 4-1-96)
(4) Cloverbrook Drive. (Ord. No. 1236, 5-21-01)
(5) Myrtle Avenue between Second Street and Main Street.
(6) Main Street between Pasadena Avenue and Pacific Street (north side of Main Street);
Lorelei Lane; and Myrtle Avenue, Medallion Avenue, California Street, Pacific Street,
and Corla Avenue, north of McFadden Avenue. (Ord. No. 370, Sec. 1; Ord. No. 786,
Sec. 20, 2-5-79; Ord. No. 1244, 10-1-01; Ord. No. 1247, 11-5-01)
(7) South Side of Mitchell Avenue between Heatherfield Drive and Browning Avenue.
(Ord. No. 1266, 3-3-03)
(8) Copperfield Drive between Red Hill Avenue and Sandbrook Drive. (Ord. No. 1362,
Sec. II, 4-7-09)
(9) Sandfield Place between Browning Avenue and Fernbrook Drive. (Ord. No. 1363,
Sec. II, 2-16-10)
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ATTACHMENT 4
Photographs
1/26/2014
ATTACHMENT 5
Location Map
IL LOCATION MAP
Permit Parking
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