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HomeMy WebLinkAbout10 PREFERENTIAL PERMIT PARKING ON SHADYBROOK DR. AND FERNBROOK DR.• Agenda Item FNI AGENDA REPORT Reviewed. `•' City Manager Finance Director MEETING DATE: NOVEMBER 17. 2015 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: FIRST READING OF ORDINANCE NO. 1464 TO AMEND CITY CODE SECTION 5331n BY ESTABLISHING PREFERENTIAL PERMIT ONLY PARKING ON SHADYBROOK DRIVE AND FERNBROOK DRIVE SUMMARY One resident on Shadybrook Drive has expressed concerns regarding overnight parking of non- resident vehicles on streets, along with associated trash and night time activities. In order to mitigate these issues, the resident requested permit parking. Early morning parking surveys were performed on these streets which determined that only Shadybrook Drive is currently impacted by non-resident parking. Fernbrook Drive is included in the ordinance as it would be impacted if permit parking is implemented on Shadybrook Drive. Subsequently three other residents, one from Shadybrook Drive and two from Fernbrook Drive confirmed the same issues. They were informed that the permit parking item would be taken to the City Council in the near future. RECOMMENDATION That the City Council introduce and have the first reading of Ordinance No. 1464 to establish preferential permit only parking on Shadybrook Drive and Fernbrook 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 $1,000. Funding is currently available in the FY 2015/2016 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 ordinance 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 so that Tustin can protect the health and safety and welfare of the public including those traveling upon and parking upon City streets. Permit Parking — Shadybrook Drive and Fernbrook Drive November 17, 2015 Page 2 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. One requirement is that a parking analysis be completed by the Public Works Department to determine the extent of impacts in a single family neighborhood street by non-resident parking. In August 2015, a resident on Shadybrook Drive formally requested permit parking which initiated the process set forth in the 2008 Policy. Public Works conducted early morning parking surveys on both Shadybrook Drive and Fernbrook Drive between the hours of 4:00 AM and 6:00 AM on Thursday, August 27, 2015, through Sunday, August 30, 2015. The results indicate that Shadybrook Drive was experiencing approximately 50% of non-resident parking at the time of the surveys. Four-day parking totals for both streets are listed below: Non -Resident Resident Non -Resident % Resident % o Shadybrook Drive 38 42 47.5% 52.5% o Fernbrook Drive 24 35 40.7% 59.3% Because the percentage is just under the 50% threshold criteria that has been previously used to determine permit parking zones, a second round of surveys was conducted. These surveys were again taken between 4:00 AM and 6:00 AM on Thursday, October 8, 2015, through Sunday, October 11, 2015. The results are consistent and show a slightly higher percentage closer to 50 % than the August surveys that vehicles parking overnight on Shadybrook Drive are non-residents. The four-day parking totals for the second surveys are presented below: From a neighborhood -wide perspective, a total of 139 and 134 parked cars were counted over the four-day period in August and October, respectively. Of these, 62 and 53 cars belonged to non- residents and 77 and 81 cars belonged to residents in August and October, respectively. While the percentage is nearly 50% of cars belonging to non-residents, staff also recommends permit parking due to the amount of calls for service received by the Police Department that are parking related (i.e., burglary, vandalism, illegal parking, abandoned vehicles and suspicious occupied and non - occupied vehicles) which is over 10 calls in an 18 -month period. One call for service came from a non-resident who received a letter on her windshield that she perceived as threatening. Both surveyed streets are 36 feet wide with parking on both sides. Approval of permit parking on these streets will reduce nightly parking by residents from nearby multi -family residential complexes in front of single family homes and allow parking for adjacent residents and guests who qualify for permits. Non -Resident Resident Non -Resident % Resident % o Shadybrook Drive 40 43 48.2% 51.8% o Fernbrook Drive 13 38 25.5% 74.5% From a neighborhood -wide perspective, a total of 139 and 134 parked cars were counted over the four-day period in August and October, respectively. Of these, 62 and 53 cars belonged to non- residents and 77 and 81 cars belonged to residents in August and October, respectively. While the percentage is nearly 50% of cars belonging to non-residents, staff also recommends permit parking due to the amount of calls for service received by the Police Department that are parking related (i.e., burglary, vandalism, illegal parking, abandoned vehicles and suspicious occupied and non - occupied vehicles) which is over 10 calls in an 18 -month period. One call for service came from a non-resident who received a letter on her windshield that she perceived as threatening. Both surveyed streets are 36 feet wide with parking on both sides. Approval of permit parking on these streets will reduce nightly parking by residents from nearby multi -family residential complexes in front of single family homes and allow parking for adjacent residents and guests who qualify for permits. Permit Parking — Shadybrook Drive and Fernbrook Drive November 17, 2015 Page 3 Implementation of this 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. 1464 3. Location Map S Rransportabon Engineenng\Parking\Permit Parking\Shadybrook-Fernbrook\Permit Parking on Shadybrook and Fernbrook docx ATTACHMENT 1 Policies and procedures for Preferential Permit Parking on Public Streets TUSTIN CITY OF TUSTIN POLICY AND PROCEDURES PREFERENTIAL PERMIT PARKING ON PUBLIC STREETS October 7. 2008 WIMIING OUR KTURL HONORING OUR Ye51 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. IPA 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. 1464 ORDINANCE NO. 1464 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 November 17, 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. Ordinance No. 1464 Page 1 of 4 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 (12) 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 (4) Cloverbrook Drive (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 (7) South side of Mitchell Avenue between Heatherfield Drive and Browning Avenue (8) Copperfield Drive between Red Hill Avenue and Sandbrook Drive (9) Sandfield Place between Browning Avenue and Fernbrook Drive (10) Debusk Lane; Raleigh Place; Walter Avenue; and Del Amo Avenue Ordinance No 1464 Page 2 of 4 between Nisson Road and Mitchell Avenue (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 (12) Shadybrook Drive and Fernbrook Drive SECTION III: This Ordinance shall become effective on the 31st 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 1't day of December 2015. CHARLES E. PUCKETT, Mayor ATTEST: ERICA N. RABE, City Clerk Ordinance No. 1464 Page 3 of 4 APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1464 I, ERICA N. RABE, 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. 1464 was duly and regularly introduced at a regular meeting of the Tustin City Council held on the 17th day of November 2015 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 151 day of December 2015 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE, City Clerk Ordinance No. 1464 Page 4 of 4 ATTACHMENT 3 Location Map LOCATION MAP Permit Parking I P r r e r TUSTIR � RANW ybP � ` I 4Sr P ♦ 4 y we. P O ♦uenR �¢wwr NO SCALE ey F <9DF Proposed PermR Parking Zone/ PROPERTY LOCATION Permit Parking on 9hadybrook Drive and Fernbrook Drive vP m�o��`� OPoo�oP o� 0 Sq SPO RE:P..It Parking — Sbad�b.k h F.mb,e .d, tiG q