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HomeMy WebLinkAbout06 FIRST READING OF ORDINANCE NO. 1494 TO AMEND TUSTIN CITY CODE SECTION 5331 TO ESTABLISH PREFERNTIAL PERMIT ONLY PARKING IN THE OLD TOWN RESIDENTIAL AREAAgenda Item Revi AGENDA REPORT CityMed:ana g er UP Cit M Finance Director MEETING DATE: MARCH 7, 2018 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: FIRST READING OF ORDINANCE NO. 1494 TO AMEND TUSTIN CITY CODE SECTION 5331 n TO ESTABLISH PREFERENTIAL PERMIT ONLY PARKING IN THE OLD TOWN RESIDENTIAL AREA AND ADOPT POLICY, PROCEDURES, AND A PERMIT FEE. SUMMARY: During the past several years, Old Town residents have expressed concerns about the impacts related to an increase in on -street parking in the Old Town residential area, and the City Council has directed staff to address these concerns. On February 20, 2018, the City Council considered two (2) alternative permit parking programs for the Old Town residential area and directed staff to set the required ordinance for first reading, develop associated guidelines., and implement permit parking in the Old Town residential area in accordance with Alternative Two. RECOMMENDATION: That the City Council: 1. Introduce and have first reading of Ordinance No. 1494 to establish preferential permit only parking in the Old Town residential area, and set a second reading at the March 20, 2018, City Council meeting; and, 2. Adopt Resolution No. 18-14, approving the Policy and Procedures and establishing a permit fee for Preferential Permit Parking on Public Streets within the Old Town Residential Area. FISCAL IMPACT: Fiscal impacts associated with establishing, implementing, and enforcing the permit parking program within the Old Town residential area will be partially offset by a permit parking fee of $50. Permits are issued by the Tustin Police Department, and parking enforcement will be conducted by routine patrol. It is estimated that the cost to install permit parking signage in the Old Town residential area will be approximately $4,000. City Council Report March 7, 2018 Old Town Parking Page 2 Funding is currently available in the FY 2017/2018 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. BACKGROUND: According to many residents, Old Town currently has a variety of parking issues which can be summarized as follows: • Many vehicles from other areas of Tustin and from other cities are parked on the residential streets of Old Town. • Many vehicles registered to properties with rental units and/or multiple family residences are parked in single family residential areas. • Vehicles frequently obstruct sidewalks and driveways. • On -street parking is further impacted when garages are used for storage rather than vehicles, and when individuals from other areas park their vehicles in front of single family residences. • It was expressed that there is illegal construction and/or conversions of garages or other structures to living -units which increases the need for additional parking. • Residents are concerned that the addition of residential units via second residential units, new condominium projects, and possible future projects will exacerbate the demand for on -street parking in Old Town. To address these concerns, the City Council directed staff on September 15, 2015, and November 15, 2016, to take several actions including: the facilitation of permit parking requests; increased enforcement; an updated overnight vehicle count; a resident survey; a community workshop; meeting with apartment managers; studying potential parking impacts in conjunction with the proposed Downtown Commercial Core Plan; and outreach to the Tustin Acres community. On June 6, 2017, the City Council directed staff to mail a summary of a proposed permit parking program and a ballot/petition to all property owners and tenants within the Old Town residential area. Advance notices and advisory ballots were mailed out in the summer of 2017 to over 650 individuals. 269 completed ballots were received on or prior to September 15, 2017. Overall, 60 percent of the respondents expressed support for permit parking, while 40 percent of the respondents expressed opposition. City Council Report March 7, 2018 Old Town Parking Page 3 On February 20, 2018, the City Council considered two (2) alternative permit parking programs for the Old Town residential area (Attachment A) and directed staff to set the required ordinance (Attachment B) for first reading, develop associated guidelines (Attachment C) and implement permit parking in the Old Town residential area in accordance with Alternative Two. The City Council also directed staff to monitor the permit parking program and to report back to the City Council after six (6) months or upon the issuance of 500 parking permits, whichever occurs first. A copy of the February 20, 2018, City Council Report (Attachment D) provides a complete description of the efforts that have been undertaken by the City to date to address the issue of on - street parking in the Old Town residential area. DISCUSSION: It is recommended that overnight permit parking in the Old Town residential area be implemented by the City Council. The proposed permit parking policy would be unique to the Old Town residential area. Permit parking would be made available to residents of single family and multiple family dwellings within Old Town, consistent with the California Attorney General's Opinion No. 14-304, which concluded that local authorities may limit the issuance of long-term preferential parking permits to residents only, but may not distinguish among residents based on the type of dwelling in which they live. All Old Town residents, including those of Tustin Acres and other multiple family dwellings, would need to fully utilize their on-site parking to be eligible for parking permits. The proposed Old Town Permit Parking Program is summarized in Table 1, and in Attachment C. TABLE 1- PROPOSED OLD TOWN PERMIT PARKING PROGRAM Provision Proposed Eligibility Single and multiple family dwellings Permits per residence No maximum Time of day 2:00 a.m. to 6:00 a.m. Permit cost $50 per calendar year to offset administrative costs associated with the program. Use of on-site spaces Full utilization required. Inspection/ Inspection may be required that Certification demonstrates on-site parking is fully utilized. Permit renewal Annual Guest permits Up to 75 one -day permits every six months - no cost City Council Report March 7, 2018 Old Town Parking Page 4 "�� 4t-A� �� L. - z�- Scott Reekstin Elizabeth A. Binsack Principal Planner Director of Community Development Attachments: A. Old Town Residential Parking Area Map B. Draft Ordinance No. 1494 C. Resolution No. 18-14 Exhibit 1 - Draft Policy and Procedures D. February 20, 2018, City Council Report ATTACHMENT A ®Id Town Residential Parking Area Map Location Map of Old Town Residential Area 11 1 Eco►+_ ❑ ST. ITMi o� N R { VEF - W. MAIN STFEET U a i ----I [ LOCKWOM ATTACHMENT B Draft Ordinance N®. 1494 ORDINANCE NO. 1494 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SUBSECTION 5331 n TO ESTABLISH PREFERENTIAL PERMIT ONLY PARKING IN THE OLD TOWN RESIDENTIAL AREA 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 the California Attorney General's Opinion No. 14-304 concluded that local authorities may limit the issuance of long-term preferential parking permits to residents only, but may not distinguish among residents based on the type of dwelling in which they live. F. That many vehicles from other areas of Tustin and from other cities are parked on the residential streets of Old Town. Ordinance No. 1494 Page 1 of 5 G. That illegally parked vehicles frequently obstruct sidewalks, driveways, and visibility. H. That many Old Town residents are concerned that new residential units in the Old Town residential area will exacerbate the demand for on -street parking in the Old Town residential area. I. To address concerns regarding on -street parking in the Old Town residential area, staff has taken several actions including: the facilitation of permit parking requests; increased enforcement; an updated overnight vehicle count; a resident survey; a community workshop; meeting with apartment managers; studying potential parking impacts in conjunction with the proposed Downtown Commercial Core Plan; outreach to the Tustin Acres community; and the distribution of an advisory ballot to property owners and tenants in the Old Town residential area. J. That on February 20, 2018, the City Council considered two (2) alternative permit parking programs for the Old Town residential area and directed staff to set the required ordinance for first reading, develop associated guidelines, and implement permit parking in the Old Town residential area in accordance with Alternative Two. K. That on March 7, 2018, a public meeting was duly noticed, called, and held concerning this Code amendment. L. 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. M. 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 5331 n of the Tustin City Code is hereby amended by repealing subsection (5), amending subsection (6), and adding subsection (15) to read in its entirety as follows: 5331 STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS Ordinance No. 1494 Page 2 of 5 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) Repealed (6) 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 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) Almside Drive, Atherton Lane, Birmingham Place, Denbigh Lane, Foresterra Lane, Grassmere Lane, Hamlet Lane, Kipling Lane, Langdale Lane, Penrith Lane, Tenby Lane, Tupelo Lane, Walden Lane, Wildeve Lane, and Windemere Lane Ordinance No. 1494 Page 3 of 5 (13) Shadybrook Drive and Fernbrook Drive (14) Carfax Drive South of Sycamore, Charloma Drive North of Sycamore, Del Amo Avenue West of Mear Lane, Drayton Avenue, and Mear Lane (15) A Street, Myrtle Avenue, and Pasadena Avenue between First Street and Main Street; west side of B Street between First Street and its terminus at Interstate 5; east side of B Street and west side of C Street from Sixth Street to 300 feet north of Sixth Street; California Street; Main Street from State Route 55 to B Street; Pacific Street between First Street and Sixth Street; Second Street between Pasadena Avenue and Myrtle Avenue and between Pacific Street and B Street; Third Street between Myrtle Avenue and B Street; north side of Sixth Street between C Street and its terminus at Interstate 5; and south side of Sixth Street between B Street and 670 feet west of B Street. Policies and procedures for permit parking on the aforementioned streets listed in Section (15) shall be as set forth in City Council Resolution No. 18-14. SECTION III: This Ordinance shall become effective on the 31St day after its adoption on the 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:lf 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 of the City of Tustin on this 20th day of March, 2018. ELWYN A. MURRAY MAYOR Ordinance No. 1494 Page 4 of 5 ATTEST: ERICA N. RABE, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1494 Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council 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 No. 1494 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 7th day of March, 2018, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 20th day of March, 2018, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Erica N. Rabe, City Clerk Ordinance No. 1494 Page 5 of 5 ATTACHMENT C Resolution No. 18-14 Exhibit 1 — Draft Policy and Procedures RESOLUTION NO. 18-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING POLICY AND PROCEDURES FOR PREFERENTIAL PERMIT PARKING ON PUBLIC STREETS RESIDENTIAL AREA AND THE PARKING PERMITS. WITHIN THE OLD TOWN ESTABLISHING THE FEE FOR The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That Section 22507(x) 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 on February 20, 2018, and March 7, 2018, public meetings were duly noticed, called, and held concerning the proposed Policy and Procedures for Preferential Permit Parking on Public Streets within the Old Town Residential Area and the establishment of a permit parking fee applicable to the Old Town Residential Area. C. That on February 20, 2018, the City Council considered two (2) alternative permit parking programs for the Old Town residential area and directed staff to set the required ordinance for first reading, develop associated guidelines, and implement permit parking in the Old Town residential area in accordance with Alternative Two. D. That on March 7, 2018, the City Council introduced Ordinance No. 1494 to establish preferential permit only parking in the Old Town residential area. E. That the Policy and Procedures for the Old Town residential area provides for the criteria, evaluation, administration, fees and implementation of permit parking as applicable to public streets within the Old Town residential area. This policy is intended to mitigate parking intrusions that may impact the quality of life and affect the public safety in the Old Town residential area. F. That the permit fee of $50 per permit per year would offset, but not fully recover, the administrative costs associated with the issuance of the permits, inspections, signage, and enforcement. Resolution No. 18-14 Page 2 II. The City Council hereby approves the Policy and Procedures for Preferential Permit Parking on Public Streets within the Old Town Residential Area, attached hereto as Exhibit 1, and establishes a fee of $50 per parking permit per calendar year to offset the costs associated with the permit parking program. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 7th day of March, 2018. ELWYN A. MURRAY MAYOR ATTEST: ERICA N. RABE CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 18-14 I, ERICA N. RABE, City Clerk and ex -officio Clerk of the City Council 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 Resolution No. 18-14 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of March, 2018, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE CITY CLERK TUSTIN BUILDING OUR FUTURE HONORING OUR PAST CITY OF TUSTIN POLICY AND PROCEDURES FOR PREFERENTIAL PERMIT PARKING ON PUBLIC STREETS WITHIN THE OLD TOWN RESIDENTIAL AREA Adopted by City Council Resolution No. 18-14 on March 7, 2018 The following Policy and Procedures provides for the criteria, evaluation, administration, fees and implementation of Permit Parking as applicable to public streets within the Old Town residential area. This policy is intended to mitigate parking intrusions (spillover parking) that may impact the quality of life and affect the public safety in the Old Town residential area. Eligibility All residential uses, including single and multiple family uses, along the residential streets within the zone depicted on the attached map shall be eligible for Permit Parking in the Old Town residential area. Criteria Each household in the permit parking area who wishes to park on public streets within the designated restricted area will be required to obtain a permit to do so pursuant to the criteria outlined below: 1. All authorized Preferential Permit Parking areas will prohibit overnight on -street parking without a City -issued permit from 2am to 6am, seven (7) days a week. 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 to the Police Department and verification of full utilization of off-street parking, including full use of garage, carport, and driveway space. 4. Parking Permits shall be obtained in person at the Police Department. The applicant must provide proof of residency; vehicle license and registration, complete and sign a Permit Parking Application, and certify that off-street parking is fully utilized. 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 issued annually, must be renewed annually, and are not transferable. -1- 6. A maximum of 75 daily guest permits per residence may, at the discretion of the Police Department, be issued every six (6) months. 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. 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, resident permits are issued at a cost of $50 per permit per calendar year. There is no fee for guest permits. -2- Location Map of Old Town Residential Area 11 1 Eco►+_ ❑ ST. ITMi o� N R { VEF - W. MAIN STFEET U a i ----I [ LOCKWOM ATTACHMENT D February 20, 2018, City Council Report Agenda Item 9 AGENDA REPORT Reviewed. City Manager Finance Director II A MEETING DATE: FEBRUARY 20, 2018 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ON -STREET PARKING IN OLD TOWN RESIDENTIAL AREA SUMMARY: During the past several years, Old Town residents have expressed concerns about the impacts related to an increase in on -street parking in the Old Town residential area. Concerns were expressed at the various public workshops and public hearings held on the subject of second residential units in Old Town Tustin in 2013, 2014, and 2015, and when the Vintage residential project was considered and approved in 2016. To address these concerns, the City Council directed staff on September 15, 2015, and November 15, 2016, to take several actions including: the facilitation of permit parking requests; increased enforcement; an updated overnight vehicle count; a resident survey; a community workshop; meeting with apartment managers; studying potential parking impacts in conjunction with the proposed Downtown Commercial Core Plan; and outreach to the Tustin Acres community. The City Council also directed staff to report back with its findings and to recommend a strategy for the Council's consideration. On June 6, 2017, staff reported back to the City Council, and the Council directed staff to mail a summary of a proposed permit parking program and a ballot/petition to all property owners and tenants within the Old Town residential area; and to report back to the Council. Advance notices and advisory ballots were mailed out in the summer of 2017 to over 650 individuals. 269 completed ballots were received on or prior to September 15, 2017. Overall, 60 percent of the respondents expressed support for permit parking, while 40 percent of the respondents expressed opposition. This report summarizes: 1) the ongoing concerns related to on -street parking in the Old Town residential area; 2) the City's 2015 and 2016 Old Town on -street parking counts and findings; 3) public outreach undertaken to address the issue; 4) a summary and analysis of the advisory ballots; and, 5) a recommendation to implement one (1) of two (2) alternatives for permit parking in the Old Town residential area. City Council Report February 20, 2018 Old Town Parking Page 2 RECOMMENDATION: That the City Council ,direct staff to set the required ordinance reading on March 6, 2018, develop associated guidelines implement permit parking in the Old Town residential are Alternative One or Alternative Two. FISCAL IMPACT: (Attachment A) for first (Attachment B) and a in accordance with The proposed actions would have an impact on City resources, which would result in fiscal impacts to the General Fund. The magnitude of these impacts depends on the actions taken and is undetermined at this time. If permit parking were implemented in the Old Town residential area, fiscal impacts could be offset by a permit parking fee and enforcement revenue. INTRODUCTION: This staff report provides the City Council with some 'background, an analysis and discussion, as well as a recommendation to implement one (1) of two (2) alternatives for permit parking in the Old Town residential area. The report is organized as follows: • BACKGROUND — A brief description of on-going parking concerns and prior actions at the public workshops, Planning Commission hearings, and City Council hearings related to the issue of parking in Old Town. • SUMMARY OF CONCERNS - A summary of the predominant public input regarding parking issues in Old Town, • CITY EFFORTS — Actions taken by City staff/Police Department and associated findings. • PUBLIC OUTREACH — An overview of the community surrey, public workshop, City website and Facebook page outreach, a meeting with the Tustin Effective Apartment Managers (TEAM), the advance notice postcards and advisory ballots, and a survey of permit parking programs in other cities. • RECOMMENDED ACTION — A recommended action to implement one (1) of two (2) alternatives for a proposed permit parking program for the Old Town residential area. City Council Report February 20, 2018 Old Town Parking Page 3 BACKGROUND: Second Residential Units Workshops and Hearings From February 2013 to May 2015, the City conducted three (3) public workshops and four (4) public hearings on the subject of second residential units in Old Town'Tustin. The concerns raised at the workshops and hearings and through a public surrey included: 1) increased traffic and on -street parking in Old Town, 2) changes to the single family character of the Old Town residential area, 3) increased housing density, 4) permit parking, 5) illegal parking, and 6) the use of garages for living space. In response to the input received at the May 5, 2015, hearing, the City Council directed staff to take the following actions regarding on -street parking, residential privacy, and illegally converted structures in the Cultural Resources (CR) District: a. Explore solutions to address parking impacts within the CR District; b. During the plan check process, examine ways to respect residential privacy for properties adjacent to any proposed second floor residential project; c. Continue to enforce the California Vehicle Code for illegally parked cars obstructing sidewalks, driveways and/or accessible ramps; and, d. Continue to enforce illegally constructed or converted structures. Vintage Project On September 27, 2016, and . November 15, 2016, the Planning Commission and City Council, respectively, considered the Vintage project, a request to construct 140 residential units at the southwest corner of Sixth Street and B Street. Although the proposed residential community would provide an attached two -car garage for each residence that would be required by CC&Rs to be accessible for parking and would provide a total of sixty-nine (69) guest parking spaces, when only thirty-five (35) guest spaces are required, concerns were expressed regarding the impact to on -street parking in the Old Town residential area. Based on the public input regarding on -street parking received during the public workshops and public hearings between 2013 and 2016, it was evident that the concern regarding on -street parking in Old Town is a broader issue that should be addressed in a more comprehensive manner versus on a project by project basis. As such, the City Council bifurcated the decision on the Vintage project from the overall parking issue and directed staff to take additional actions including: an updated overnight vehicle count; a resident survey, a community workshop; meeting with apartment managers; studying potential parking impacts in conjunction with the proposed Downtown Commercial Core Plan; continued outreach to the Tustin Acres community; establishment of permit parking, if deemed necessary; and, continued enforcement. City Council Report February 20, 2018 Old Town Parking Page 4 SUMMARY OF CONCERNS: According to many residents, Old Town currently has a variety of parking issues which can be summarized as follows: • Many vehicles are parked on the residential streets of Old Town, especially in areas that are adjacent to properties with existing rental units and/or multiple family residences, and in locations close to businesses. • Vehicles frequently obstruct sidewalks and driveways. • On -street parking is further impacted when garages are used for storage rather than vehicles, and when individuals from other areas park their vehicles in front of single family residences. • It was expressed that there is illegal construction and/or conversions of garages or other structures to living units which increases the need for additional parking. • Residents were concemed that the addition of residential units via second residential units, new condominium projects, and possible future projects would exacerbate the demand for on -street parking in Old Town. • Residents feel that additional outreach and communication to the impacted area should be provided. In response to these concerns, staff conducted extensive public outreach and completed two (2) overnight vehicle parking counts to assess the issue and to develop recommendations for the Council's consideration. CITY EFFORTS: On several days in July 2015 and December 2016, the Tustin Police Department collected license plate information from all vehicles parked overnight on streets within the Old Town residential area (from First Street to Sixth Street and from the 55 Freeway to EI Camino Real) and.then identified the registration addresses associated with these vehicles. As shown in the table below, approximately one-half of all vehicles parked overnight on Old Town residential streets in the 2015 and 2016 counts were registered at addresses outside of Old Town. Although some of the vehicles that were registered outside of Old Town may have belonged to visitors or to Old Town Tustin residents who still had their vehicles registered at previous addresses, it is evident that a significant number of vehicles being parked overnight in Old Town do not belong to Old Town residents. It should also be noted that in the 2016 vehicle count, the percentage of vehicles registered to Tustin Acres residents dropped to approximately nine (9) percent, which suggests that Tustin Acres residents may be utilizing a greater percentage of their on-site parking spaces, including those within the Tustin Acres parking structure. City Council Report February 20, 2018 Old Town Parking Page 5 Within Old Town 51% 51% Outside Old Town 49% 49% Outside Tustin 35% 40% Tustin Acres 20% 9% * Only the first two percentage figures add to 100% because the addresses outside of Tustin and within Tustin Acres are subsets of the other figures. For example, addresses outside Tustin are also outside of Old Town, and Tustin Acres is within Old Town. Based upon the 2015 and 2016 parking survey data, the impacted parking situation in Old Town is largely the result of residents of Tustin Acres and multiple family dwellings outside of Old Town Tustin (either in Tustin or Santa Ana) not fully utilizing their on-site parking spaces or not being able to secure on-site parking, and parking their vehicles on Old Town streets. PUBLIC OUTREACH: In February 2017, a community survey was mailed to all residential property owners and residents in Old Town. The survey was also posted on the City's website and Facebook page and was able to be completed by hand or via Survey Monkey. Of the ninety-six (96) individuals who responded to the survey, approximately sixty (60) percent expressed support for overnight permit parking in Old Town. In addition to the survey, staff also conducted a public workshop which was held on March 2, 2017. Approximately forty (40) members of the public attended the workshop. The workshop provided the public with an additional opportunity to learn more about the issue, to provide public input, offer suggestions, and ask questions. Comments were made regarding public safety, theft, blocked driveways, the need for more enforcement, litter, lack of space for trash bins, and the hesitancy to contact the Police Department. On April 4, 2017, staff met with board members of the organization, Tustin Effective Apartment Managers (TEAM). The board members acknowledged that many of the residents of the complexes they manage possess multiple vehicles and are unable to park all of their vehicles in the parking spaces that are provided on-site. These residents are often unable to find adjacent on -street parking and will drive to other less congested neighborhoods, such as Old Town, where more space is generally available for street parking. On June 6, 2017, the City Council directed staff to mail a summary of a proposed permit parking program and a ballot/petition to all property owners and tenants within the Old Town residential area; and to report back to the Council. On July 20, 2017, and July 31, City Council Report February 20, 2018 Old Town Parking Page 6 2017, advance notice postcards and advisory ballots, respectively, were mailed to over 650 single family and multiple family Old Town residential property owners and residents. 269 completed ballots were mailed, delivered, or completed through Survey Monkey on or prior to the requested return date of September 15, 2017. As shown in Attachment C, 60 percent of the respondents expressed support for permit parking, while 40 percent of the respondents expressed opposition. Staff also analyzed the advisory ballot results by location and tenure. Of the analyzed sub -groups, those most in support of permit parking include the property owners and residents on Pacific Street, south of Main Street (100 percent support), property owners and residents north of Main Street (67 percent. support), and owner residents (66 percent support). Those most in opposition include apartment residents (69 percent opposition) and Tustin Acres property owners and residents (59 percent opposition). In addition to indicating support or opposition on their ballots, 26 individuals provided comments on their ballots. These comments are shown in Attachment D. Attached for reference (Attachment E) is a survey conducted by City staff of permit parking programs in nine (9) other Orange County cities. In summary: • Permit parking request can be initiated with a single letter, require a minimum of 5-25 residences, or petition. • In five (5) of'the nine (9) cities, a 2/3 or 3/4 supermajority approval is required by residents. Two (2) of the nine (9) cities require majority approval and the other two (2), like Tustin, do not require any resident approval. • Number of permits issued varies among surveyed cities. Some cities would only issue permits to registered vehicle at the residence, other cities issued a limited number of permits (i.e. 3-7 permits per residence). • Six (6) of the cities surveyed charge fees for permit issuance. Fees range from $5-$60 per permit plus guest permit fee. Some cities also require a one-time processing fee. RECOMMENDED ACTION: Based on the input received at the various public workshops and hearings and through the surveys, direct comments to City staff, and comments on some of the advisory ballots, it is apparent that Old Town residents would like to be able to park in front of their homes and are primarily concerned about vehicles parked overnight that belong to individuals who do not reside in Old Town. They are also concerned about public safety and quality of life. City Council Report February 20, 2018 Old Town Parking Page 7 To address the concerns of many Old Town residents and in accordance with the majority of the advisory ballot respondents, it is recommended that overnight permit parking in the Old Town residential area be implemented by the City Council. If overnight permit parking were to be implemented in the Old Town residential area (Attachment F), it is anticipated the number of vehicles parked on -street overnight and the associated negative impacts would be reduced for the following reasons: • Many Old Town single and multiple family residents have sufficient space on-site to accommodate all of their registered vehicles. Residents of other cities and other areas of Tustin would not be eligible for permits to park overnight on streets in the Old Town residential area. All Old Town residents, including those of Tustin Acres and other multiple family dwellings in Old Town, would need to fully utilize their on-site parking to be eligible for parking permits. If permit parking were to be implemented in the Old Town residential area, it is recommended that a separate permit parking policy unique for the Old Town residential area be adopted. Old Town Permit Parking should be made available to residents of single family and multiple family dwellings within Old Town, consistent with the California Attorney General's Opinion No. 14-304, which concluded that local authorities may limit the issuance of long-term preferential parking permits to residents only, but may not distinguish among residents based on the type of dwelling in which they live. Staff recommends that the City Council direct staff to implement one (1) of the following two (2) alternative approaches to an overnight permit parking program in the Old Town residential area shown in Table 1. Alternative Two is similar to the City's existing permit parking program that has been implemented in many areas of the city, except that it would include a permit fee and be available to single and multiple family residences. The two (2) alternatives include several identical provisions and two (2) provisions that are different. TABLE 1- ALTERNATIVE OLD TOWN PERMIT PARKING PROGRAMS Provision Alternative One Alternative Two Eligibility Single and multiple family dwellings Single and multiple family dwellings Permits per residence Maximum of one No maximum Time of day 2:00 a.m. to 6:00 a.m. 2:00 a.m. to 6:00 a.m. Permit cost $50 per calendar year to offset $50 per calendar year to offset administrative costs associated with administrative costs associated with the program. the program. City Council Report February 20, 2018 Old Town Parking Page 8 Use of on-site spaces Inspection/ Certification Permit renewal Guest permits Full utilization required No inspection — resident must certify that on-site parking is fully utilized. Annual Up to 75 one -day permits every six months — no cost Full utilization required Inspection required that demonstrates on-site parking is fully utilized. Annual Up to 75 one -day permits every six months - no cost There are approximately 520 residences and an estimated on -street parking capacity of about 700 vehicles within the Old Town residential area. Therefore, if each residence were eligible to obtain one parking permit (Alternative One), there would be sufficient space overnight to park 520 vehicles plus a substantial number of guest vehicles on -street within the Old Town residential area, assuming efficient parking patterns. Under Alternative Two, residences with many registered vehicles and/or limited on-site parking capacity could be eligible for several parking permits, while those with few vehicles and/or ample on-site parking may not be eligible for any parking permits. For example, a residence with ten (10) registered vehicles and four (4) on-site parking spaces would be eligible for six (6) parking permits, whereas a residence with three (3) registered vehicles and four (4) on-site parking spaces would not be eligible for a parking permit. The total number of vehicles that would be eligible for permits is unknown and will change over time. It is also important to consider that the implementation of a permit parking program in the Old Town residential area may have an impact on other areas of the city where street parking is allowed and permit parking has not been implemented, as those searching for available on -street parking may choose to park their vehicles overnight in other Tustin neighborhoods. Scott Reekstin Elizabeth A. Binsack Principal Planngrn , Director of Community Development Dous �! Stack D' or f Public Works/City Engineer Attachments: A. B. C. D. E. F. Draft Ordinance Draft Guidelines (Policy and Procedures) Summary of Advisory Ballot Results Comments on Advisory Ballots Survey of Permit Parking Programs Old Town Residential Parking Study Area Map