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HomeMy Public PortalAboutUrgency Ord. 1725 • URGENCY ORDINANCE NO. 1725 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING SECTION 7-29.3 "DEFINITIONS", SECTION 7-29.6 "DESIGNATION OF A RESIDENTIAL PERMIT PARKING DISTRICT" AND SECTION 7-29.7 "ISSUANCE OF PARKING PERMITS" OF CHAPTER TITLE 7-29 "RESIDENTIAL PERMIT PARKING DISTRICTS" OF THE LYNWOOD MUNICIPAL CODE RECITALS WHEREAS, on April 5, 2019, the City Council of the City of Lynwood ("City Council") adopted Ordinance No. 1564 adding Section 7-29 "Residential Permit Parking Districts" to Chapter 7 "Vehicle and Traffic" of the Lynwood Municipal Code to provide a mechanism for establishing permit parking districts within the City of Lynwood; and WHEREAS, the City Council recognizes the serious adverse effects caused in certain neighborhoods of Lynwood by motor vehicle congestion, particularly the long-term parking of motor vehicles on the streets of such areas and neighborhoods by nonresidents; and WHEREAS, the City Council acknowledges that such long-term parking by nonresidents threatens the health, safety and welfare of all of the residents of Lynwood; and WHEREAS, the City Council finds that in order to protect and promote the integrity of these areas and neighborhoods, it is necessary to enact parking regulations restricting unlimited parking by nonresidents therein, while providing the opportunity for residents to park near their homes; and WHEREAS, the California Vehicle Code section 22507 permits a City to designate certain streets upon which preferential parking privileges may be provided to residents and merchants situated adjacent to such streets for the their use and the use of their guests; and WHEREAS, the City Council understands that uniform-parking regulations restricting residents and nonresidents alike would not serve the public interest; rather such regulations would contribute to neighborhood decline while ignoring the public transit alternatives to automobile travel available to nonresidents; and WHEREAS, the immediate revisions to Section 7-29 "Residential Permit Parking Districts" are needed to address the long waiting list of Residential Permit Parking District applications on file with the City; and 1 WHEREAS, the immediate revisions to Section 7-29 "Residential Permit Parking Districts" will allow the City Council to continue to establish needed Residential Permit Parking Districts to provide residents the opportunity to park in neighborhoods where they have difficulty competing with non-resident parkers due to nearby heavily utilized commercial businesses; and WHEREAS, the City Council finds that this Urgency Ordinance is necessary for the preservation of the public peace, health and safety of residents living within the City of Lynwood and find an urgency to approve said Urgency Ordinance immediately; and WHEREAS, Government Code section 36937(b) authorizes the adoption of an urgency ordinance to protect the public peace, health, or safety and by a four-fifths (4/5) vote of the City Council; and WHEREAS, the City Council now desires to adopt this Urgency Ordinance, effective immediately. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Urgency Findings. The City Council of the City of Lynwood hereby finds and determines as follows: A. The facts set forth in the above Recitals of this Urgency Ordinance are true and correct, and incorporated into this Urgency Ordinance as substantive findings. B. This Urgency Ordinance is adopted as an urgency measure pursuant to Government Code Section 36937(b) for the immediate preservation of the public peace, health and safety, and is adopted and justified based on the following: 1. Section 7-29 "Residential Permit Parking Districts" of the Lynwood Municipal Code was adopted on April 5, 2019, by the City Council through Ordinance No. 1564 as a mechanism for establishing permit-parking districts within the City of Lynwood. 2. Residential Permit Parking Districts protect against long-term parking by nonresidents that threatens the peace, health, and safety of all of the residents of Lynwood. 3. The California Vehicle Code section 22507 permits a City to designate certain streets upon which preferential parking privileges may be provided to residents and merchants situated adjacent to such streets for the their use and the use of their guests. 4. Over the last two years, the City has received an influx of Residential Permit Parking District applications. 2 5. Immediate revisions to Section 7-29 "Residential Permit Parking Districts" are needed to address the long waiting list and establish needed Residential Permit Parking Districts to provide residents the opportunity to park in neighborhoods where they have difficulty competing with non-resident parkers due to nearby heavily utilized commercial businesses. 6. This Urgency Ordinance is necessary for the immediate preservation of public peace, health, and safety. Section 2. The Lynwood City Council amends Section 7-29.3 "Definitions" of Chapter 7-29 "Residential Permit Parking Districts" of the Lynwood Municipal Code to read as follows: As used in this section: Address means and includes any residential or business address. Each dwelling unit address. Block means any street segment intersected by two (2) other streets. Business means an enterprise or establishment used for the purpose of conducting business located in the residential permit parking district. City manager shall means the city manager of the city of Lynwood or his/her authorized designee. Commission shall means the traffic and parking commission of the city of Lynwood. Non-participating property meansa residence or business within a proposed residential parking permit district of which a resident or business owner does not sign the required petition to become a residential parking permit district. Nonresident vehicle means a motor vehicle not eligible to be issued a residential parking permit, pursuant to the terms and conditions of this section, for the specific district in which it is parked. Permit holder means any person issued a parking permit pursuant to this section. Residence means a legal residential address and shall exclude business addresses. Resident means any person eighteen (18) years of age or older whose legal residential address is in the designated residential permit parking district. Residential parking permit or parking permit or permit means any decal, sticker, or similar device validly issued pursuant to this section (including residential, business owner, business employee and visitor permits), which, when properly displayed upon a motor vehicle as described herein in the RPPD for which it is issued, shall permit the motor 3 vehicle for which it is issued to park in that RPPD notwithstanding any parking prohibition in that area established by a resolution adopted pursuant to the provisions of this section. Residential permit parking district ("RPPD") or designated parking district means a district of certain street(s) or portions thereof upon which the city council by resolution imposes parking limitations pursuant to the authority granted by this section. Section or this section means section 7-29 of this code. Visitor means an individual who calls upon a resident in the designated residential permit parking district with specific intent to spend time in or about that resident's residence for the purpose of social intercourse or to provide a service. (Ord. #1564, §1) Section 3. The Lynwood City Council amends Section 7-29.6 "Designation of a Residential Permit Parking District" of Chapter 7-29 "Residential Permit Parking Districts" of the Lynwood Municipal Code to read as follows: a. An area shall be evaluated for a designation as an RPPD if, after meeting with city staff and being informed of the criteria used in determining eligibility, residents of the proposed permit parking district submit an application and petition which meet the following requirements, on such forms as the city parking enforcement division shall provide: 1. A description and/or a map showing the proposed residential permit parking district. 2. A petition containing the signature, printed name, date of signing, and address of residents of at least seventy five percent (75%) fifty percent (50%) plus one (1) of the addresses within the proposed district. 3. An application providing the name and telephone number of a spokesperson/petition sponsor who shall represent the petitioners, and certifying that the petition spokesperson/sponsor used a reasonable means of inquiry to assure the validity of petition signatures. b. Upon receipt by the city manager of an application and petition meeting the requirements specified in subsections 7-29.6(a)(1) through (a)(3) of this section, the city manager or his/her designee shall require: 1. All residents of the proposed parking district have removed all inoperable vehicles from the proposed parking district; and 2. All automobile garages and carports located within the proposed parking district have been inspected by City staff, and all automobile garages and carports are being used for the intended use of storing vehicles. Automobile garages and carports on non-participating properties shall be exempt from this requirement. 4 c. If the city manager determines the requirements specified in subsection 7- 29.6(b) have been met, the city manager shall undertake or cause to be undertaken such surveys or studies deemed necessary to determine whether the RPPD criteria listed in subsection 7-29.6(d) are satisfied. d. A proposed RPPD area shall have its eligibility for designation as an RPPD determined on the basis of the criteria ("RPPD criteria") listed below: 1. The proposed parking district includes at least four (4) two (2) adjacent block fronts; 2. A minimum of eighty percent (80%) of the block fronts must be residentially zoned; •19 A .11. •hI • " • 3. Both sides of a street are included in each district, unless the city manager or the commission determines this to be impractical or undesirable; 4. A determination by the city manager or the commission that the size and boundaries of the identified area are such that designating it for permit parking would not result in shifting the parking problem to an adjacent area; and 5. Such criteria which the city manager or the commission deems necessary, which could include, but would not be limited to: (a) The extent to which vehicles owned by residents of the area could be accommodated by off street parking spaces; (b) The location and number of parking spaces available for non-resident vehicles that would be displaced in the proposed permit parking district. manager shall undertake or cause to be undertaken such surveys or studies deemed necessary to determine whether the RPPD criteria are satisfied. RPPD criteria have becn satisfied, If the city manager shall determines the-eligibility of the proposed area for an RPPD meets the RPPD criteria, it will be deemed 5 eligible as an RPPD. If an area is deemed eligible, a resolution establishing the area as an RPPD shall be drafted. The resolution shall specify the following: 1. The boundaries of the proposed RPPD; 2. The appropriate prohibition or restriction on parking for the proposed RPPD; 3. The times of day and days of the week during which the parking prohibitions/restriction apply; 4. The maximum number of business owner/employee permits to be issued per establishment in the proposed RPPD; 5. The limitations on issuance of one (1) day and fourteen (14) day visitor permits for the proposed RPPD; 6. The effective dates for permits in the proposed RPPD; 7. The identification letter, number or name to be assigned to the proposed RPPD (e.g., "Lynwood RPPD no. 1"); and 8. Other rules and regulations determined by the city manager to be reasonable and necessary in such RPPD. f. The city manager shall present the resolution and the results of his/her surveys and studies to the commission, which shall then schedule and conduct a public hearing regarding the area that has been deemed eligible as an RPPD by the city manager.. 1. Notice of the public hearing shall be posted at least ten (10) days prior to the. hearing on all block fronts proposed to be included in the residential permit parking district. Notice of the public hearing shall also be given at least ten (10) days prior to the hearing by publication in a newspaper of general circulation. 2. City staff, the city manager, the petition spokesperson/sponsor and any other interested parties shall be permitted to testify at the public hearing. 3. Following the hearing, the commission may accept, amend or reject the proposed RPPD in any manner, including, but not limited to, modification of boundaries of the proposed district and the restrictions imposed on such proposed RPPD. g. If the area is still deemed eligible for an RPPD after the public hearing, the joint recommendation of the city manager and the commission, together with a proposed resolution, shall be submitted to the city council. 6 h. The city council may adopt, reject, or modify a resolution recommending the establishment of an RPPD. The city council must adopt the recommended or modified resolution in order to establish a residential permit parking district. i. Once a resolution establishing an RPPD is adopted, parking permits in a number representing at least fifty percent (50%) of the addresses in a given block, or fifteen (15) permits, whichever is less, must be issued in each block within the RPPD before signs will be installed designating the RPPD. Permits obtained cannot be used will not apply to the RPPD until.signs are installed in the RPPD. If the minimum number of permits is not obtained within sixty (60) days after the city council passes a resolution establishing the RPPD, the RPPD may be terminated by resolution of the city council. Section 4. The Lynwood City Council amends Section 7-29.7 "Issuance of Parking Permits" of Chapter 7-29 "Residential Permit Parking Districts" of the Lynwood Municipal Code to read as follows: a. Application: The parking enforcement division shall provide parking permit application forms and issue parking permits in accordance with requirements set forth in this subsection. Each such permit shall be designed to reflect by statements thereon or by color thereof, or both, the identification of the particular RPPD for which it is issued, and, except for visitor permits, the permit shall reflect the license number of the motor vehicle for which it is issued. No more than one parking permit shall be issued to each motor vehicle owned or leased for which application is made. Residents, business owners, and employees of a non-participating property within an RPPD will not be eligible for a parking permit within the district. b. Term: All parking permits issued under this subsection shall be valid for a term of one year, commencing and ending on the dates specified in the resolution establishing the RPPD. Permits purchased within six (6) months of the expiration date of the RPPD shall be half price; however, no other proration schedule shall be permitted or maintained. c. Residential Parking Permits: Residential parking permits shall be issued to residents residing within the RPPD pursuant to the fee schedule set forth in subsection 7-29.9 of this section. 1. Upon submittal of a completed application and payment of any applicable permit fee, the parking enforcement division shall issue one residential parking permit for each vehicle owned, leased, or under the continuing custody of any person who can demonstrate that he/she is currently a resident of the district for which the permit is to be issued. (a) Proof of residency consists of, but is not limited to, a driver's license, current rent receipt, property tax or utility bill, which identifies the applicant as a resident of a designated RPPD. 7 (b) Proof of vehicle ownership or continuing custody consists of, but is not limited to, a vehicle registration or certificate of vehicle lease agreement. d. Business Owner And Business Employee Permits: Upon submittal of a complete application and payment of the applicable permit fee, the parking enforcement division may issue a permit to park in an RPPD for any vehicle owned, leased, or under the continuing custody of a person who owns or leases commercial property within the district and engages in business activity within the particular permit parking district. 1. The owner and/or employees of a business located in an RPPD will be allowed to obtain one permit for each motor vehicle they own, lease, or have under their continuing custody, up to a maximum of two (2) permits for vehicles not registered at the business address and/or up to three (3) permits for vehicles registered at the business address. (a) Business owner and business employee applicants shall provide the following information: name, address, telephone number, vehicle registration and a business license, utility or property tax bill evidencing the location of the place of business and evidence of current employment at the business location for employees. 2. In no case shall more than three (3) parking permits be issued for each business establishment or motor vehicles registered to or under the control of the owner and/or employees of such an establishment. In areas where it appears that the number of permits sold would exceed the number of legal on street and/or off street parking spaces, the initial sale would may be limited to less than three (3) two (2) or possibly one permits per business. The resolution establishing the RPPD shall specify the maximum number of business/employee permits to be issued per establishment in that district. e. Renewal: Renewal of residential and business owner and business employee parking permits shall be subject to the same conditions imposed on new permits. f. Replacement Permits: Upon receipt by the parking enforcement division of the applicable replacement fee and an affidavit signed by the permit holder stating that the permit being replaced has been lost or mutilated, a replacement permit may be issued. Section 5. All other terms, conditions, and provisions of Chapter 7-29 "Residential.Permit Parking Districts" of the Lynwood Municipal Code not in conflict with this amendment, shall remain in full force and effect. Section 6. CEQA Findings. The City Council hereby finds and determines that this Urgency Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) pursuant to Section 15061(b)(3) of the State CEQA Guidelines because there is no possibility that it may have a significant effect on the environment. 8 Section 7. Severability. If any section, subsection, sentence, clause, or phrase of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council hereby declares that it would have passed this Urgency Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Urgency Ordinance would be subsequently declared invalid or unconstitutional. Section 8. Effective Date. This Urgency Ordinance shall become effective immediately upon adoption by a four-fifths (4/5) vote of the City Council pursuant to Section 36937(b) of the Government Code. Section 9. Adoption. The City Clerk shall certify to the adoption of this Urgency Ordinance and shall cause it to be published and/or posted as required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lynwood, California this 17th day of September 2019. ( i Jos Luis Solache, Mayor ATTEST: f- 0 O...._ aria Quinonez, ' City Clerkde APPROVED AS TO FORM: APPROVED AT TO CONTENT: —IAL -a— Noel Tapia, , Jose e,, eteotl, City Attorney Cit anager 9 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Urgency Ordinance was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the 17th day of September 2019, and passed by the following vote: AYES: COUNCIL MEMBERS CASANOVA, SANATANA, MAYOR PRO TEM CASTRO, AND MAYOR SOLACHE NOES: NONE ABSENT: COUNCIL MEMBER ALATORRE ABSTAIN: NONE aria Quinonez, City Clerk STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Urgency Ordinance No.1725. on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 17th day of September, 2019. i aria •uinonez, City Clerk 10