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HomeMy WebLinkAbout04 FIRST READING - AMEND CITY CODE SECTION 5331N BY ORD. 1455 - PERMIT PARKING CARFAX/UTT/WOODLAWN/CHARLOMA/MITCHELL/VEEH)MEETING DATE: TO: FROM AGENDA REPORT MAY 20, 2015 JEFFREY C. PARKER, CITY MANAGER Agenda Item 4 Reviewed: City Manager Finance Director N/A DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: FIRST READING OF ORDINANCE NO. 1455 TO AMEND CITY CODE SECTION 5331n BY ESTABLISHING PREFERENTIAL PERMIT ONLY PARKING ON CARFAX AVENUE, UTT DRIVE, WOODLAWN AVENUE, CHARLOMA DRIVE, MITCHELL AVENUE AND VEEH DRIVE SUMMARY Some residents in the neighborhood bounded by Carfax Avenue, Mitchell Avenue, Utt Drive and Nisson Road have expressed concerns regarding overnight parking of non-resident vehicles on their streets, along with associated trash and night time activities. In order to mitigate these issues they have requested permit parking. Night time parking surveys were performed on these streets to determine the extent of non-resident parking. Six streets are included in this recommendation for establishment of permit parking in order to provide consistency throughout the neighborhood. RECOMMENDATION That the City Council introduce and have the first reading of Ordinance No. 1455 to establish preferential permit only parking on Carfax Avenue and Utt Drive between Mitchell Avenue and Nisson Road; on Woodlawn Avenue and Charloma Drive between Veeh Drive and Nisson Road; on the north side of Mitchell Avenue between Carfax Avenue and Utt Drive; and on Veeh Drive, 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 for this neighborhood will be approximately $2,000. Funding is currently available in the FY 2014/2015 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 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. Permit Parking — Carfax, Utt, Woodlawn, Charloma, Mitchell, and Veeh May 20, 2015 Page 2 On December 17, 2014, the City received a request for permit parking from a resident on Carfax Avenue. As required under the permit parking criteria, the need for permit parking on Carfax Avenue 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: These surveys indicated that approximately 66% of the vehicles parked overnight belonged to people not registered to a Carfax Avenue address. It was noted that excessive debris was present at the south end of Carfax Avenue near Mitchell Avenue. Based on this data Carfax Avenue between Mitchell Avenue and Nisson Road is a candidate for permit parking. In January 2015 the City received requests for permit parking from two residents of Veeh Drive. Upon initial assessment it was decided to survey night time parking on all streets in this neighborhood in order to determine the extent of non-resident parking. As with Carfax Avenue, parking surveys were performed between the hours of 5:00 AM and 6:00 AM on Veeh Drive, Utt Drive, Woodlawn Avenue and Charloma Drive with the following results: Thursday 01/15/15 Friday 01/16/15 Saturday 01/17/15 Sunday 01/18/15 Vehicles Registered to Carfax Ave. 14 14 11 14 Vehicles Not Registered to Carfax Ave. 24 20 26 30 These surveys indicated that approximately 66% of the vehicles parked overnight belonged to people not registered to a Carfax Avenue address. It was noted that excessive debris was present at the south end of Carfax Avenue near Mitchell Avenue. Based on this data Carfax Avenue between Mitchell Avenue and Nisson Road is a candidate for permit parking. In January 2015 the City received requests for permit parking from two residents of Veeh Drive. Upon initial assessment it was decided to survey night time parking on all streets in this neighborhood in order to determine the extent of non-resident parking. As with Carfax Avenue, parking surveys were performed between the hours of 5:00 AM and 6:00 AM on Veeh Drive, Utt Drive, Woodlawn Avenue and Charloma Drive with the following results: Vehicles Registered to Utt Dr. Thursday 02/26/15 Friday 02/27/15 Saturday 02/28/15 Sunday 03/01/15 Vehicles Registered to Veeh Dr. 6 6 6 3 Vehicles Not Registered to Veeh Dr. 10 8 10 9 Vehicles Registered to Utt Dr. 11 11 13 13 Vehicles Not Registered to Utt Dr. 19 20 24 23 Vehicles Registered to Woodlawn Av. 9 7 8 10 Vehicles Not Registered to Woodlawn Av. 8 5 5 9 Vehicles Registered to Charloma Dr. 13 13 12 10 Vehicles Not Registered to Charloma Dr. 9 9 7 8 These surveys indicated that approximately 65% of the vehicles parked overnight on Veeh Drive and approximately 64% of the vehicles parked on Utt Drive were not registered to residents of those streets. It was noted in the surveys that excessive debris was present on Veeh Drive near Utt Drive and on the southerly end of Utt Drive near Mitchell Avenue. Although between 20 and 25 vehicles were counted on Utt Drive along Frontier Park at the time of the surveys, these vehicles were not Permit Parking — Carfax, Utt, Woodlawn, Charloma, Mitchell, and Veeh May 20, 2015 Page 3 included in the results because they were not parked in front of residences. However, since the time of the surveys the Tustin Police Department has requested that overnight parking be restricted between 10:00 PM and 6:00 AM in order to enhance visibility of the park for purposes of police enforcement. This action is expected to shift parked cars further into the interior of the neighborhood. According to the surveys, an average of 43% of the vehicles parked on Woodlawn Avenue and 40% of those parked on Charloma Drive belonged to non-residents. Although over half of the vehicles currently parking on Woodlawn Avenue and Charloma Drive are owned by residents, staff is recommending permit parking on these two streets because of the high potential for increased non- resident overnight parking if and when the other streets in the area become subject to permit parking. On April 7, 2015, two residents of Mitchell Avenue expressed a desire for permit parking on Mitchell Avenue between Carfax Avenue and Utt Drive. Since residences only front on the north side of Mitchell Avenue within this segment, night surveys were conducted on the north side with the following results: These surveys indicated that approximately 80% of the vehicles parked on the north side of Mitchell Avenue belonged to people not registered to a Mitchell Avenue address. Therefore permit parking is recommended at this location. All streets except Utt Drive and Mitchell Avenue are 36 feet wide with parking on both sides. Utt Drive and Mitchell Avenue are 40 feet wide with parking on both sides. Approval of permit parking on these six streets will reduce nightly parking by residents from nearby apartments and other areas in front of single family homes and allow parking for adjacent residents and guests who qualify for permits. To ensure continued overnight public parking in the area, Public Works and Police Department staff agree that the previous "no parking" restriction along the north side of Nisson Road will be removed. 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). Stack, P.E. Public Works/City Engineer Attachments: 1. Policy and Procedures for Preferential Permit Parking on Public Streets 2. Ordinance No. 1455 3. Location Map SIC%CwMI ltwsOI5C 111a WA N2015be paNMTe,ml Pe ,qm CMMVa Wm0a CWaM MW 11 XC x Thursday 04/09/15 Friday 04/10/15 Saturday 04/11/15 Sunday 04/12/15 Vehicles Registered to Mitchell Ave. 3 3 3 3 Vehicles Not Registered to Mitchell Ave. 10 12 13 14 These surveys indicated that approximately 80% of the vehicles parked on the north side of Mitchell Avenue belonged to people not registered to a Mitchell Avenue address. Therefore permit parking is recommended at this location. All streets except Utt Drive and Mitchell Avenue are 36 feet wide with parking on both sides. Utt Drive and Mitchell Avenue are 40 feet wide with parking on both sides. Approval of permit parking on these six streets will reduce nightly parking by residents from nearby apartments and other areas in front of single family homes and allow parking for adjacent residents and guests who qualify for permits. To ensure continued overnight public parking in the area, Public Works and Police Department staff agree that the previous "no parking" restriction along the north side of Nisson Road will be removed. 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). Stack, P.E. Public Works/City Engineer Attachments: 1. Policy and Procedures for Preferential Permit Parking on Public Streets 2. Ordinance No. 1455 3. Location Map SIC%CwMI ltwsOI5C 111a WA N2015be paNMTe,ml Pe ,qm CMMVa Wm0a CWaM MW 11 XC x ATTACHMENT 1 POLICY AND PROCEDURES PREFERENTIAL PERMIT PARKING ON PUBLIC STREETS TL1ST1N nu a r.: Nv . OUIL F Ii R1A1. HONORING UUF. ['AOT CITY OF TUSTIN POLICY AND PROCEDURES PREFERENTIAL PERMIT PARKING ON PUBLIC STREETS October 7, 2008 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 tam 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 FEE To accommodate particular events or circumstances, the Police Department may, temporarily, suspend enforcement of the Permit Parking regulations. 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. 1455 ORDINANCE 1455 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 May 20, 2015, 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. SECTION II: Subsection 5331n of the Tustin City Code is hereby amended to add subsection (11) and to read in its entirety as follows: 5331 STOPPPING, 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. I; 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. ll, 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 (Ord. No. 1447, Sec. II, 10-7-14) (11) Carfax Avenue and Utt Drive between Mitchell Avenue and Nisson Road; Charloma Drive and Woodlawn Avenue between Veeh Drive and Nisson Road; North side of Mitchell Avenue between Carfax Avenue and Utt Drive; and Veeh Drive SECTION III: This Ordinance shall become effective on the 31" 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 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 hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional. PASSED AND ADOPTED at a regular meeting of the City Council for the City of Tustin on the 2nd day of June 2015. CHARLES E. PUCKETT Mayor ATTEST: JEFFREY C. PARKER City Clerk APPROVED AS TO FORM DAVID E. KENDIG City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) ORDINANCE NO. 1455 I, JEFFREY C. PARKER, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1455 was duly and regularly introduced at a regular meeting of the Tustin City Council held on the 20`h day of May 2015 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 2otl day of June 2015 by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: JEFFREY C. PARKER, City Clerk ATTACHMENT 3 LOCATION MAP LOCATION MAP Permit Parking NSnN RANd r� NO SCALE F gogo PROPERTY LOCATION o� s Permit Perking on Cerfax Avenue, Utt Drive, Woodlawn Avenue, Charloma Drive, Veeh Drive o� and North Side of Mitchell Avenue uPP iP Proposed Area 0 MMPs It Pinking - C.H... Ott, WOOEIOWn, CNONano.Ewg