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HomeMy Public PortalAboutOrdinance 10-938ORDINANCE NO. 10 -938 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, REVISING THE OVERNIGHT PARKING PERMIT PROCESS AND FEE PROVISIONS OF PART 3 OF ARTICLE A OF CHAPTER 3 OF TITLE 3 OF THE TEMPLE CITY MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: Section 3320, subdivision B of Section 3322, subpart 9 of subdivision A and subpart 4 a & b of subdivision B of Section 3323, subpart 1 of subdivision A of Section 3325 and Section 3329 of Part 3 "Parking Restrictions," of Article A of Chapter 3 of Title 3 of the Municipal Code of the City of Temple City are hereby amended to read as set forth in Attachment "A" to this Ordinance. SECTION 2: The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 3: The City Clerk shall certify to the passage and adoption of this ordinance and to its approval by the Mayor. The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code § 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code § 36933(c). PASSED, APPROVED, AND ADOPTED this 4th day of January 2011. ATTEST: City City Attorney APPROVED AS TO FORM: I, Mary Flandrick, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 10 -938 was introduced at the regular meeting of the City Council of the City of Temple City held on the 7th day of December 2010, and was duly passed, approved and adopted by said Council at the regular meeting held on January 4th, 2011 by the following vote: AYES: Councilmember -Blum, Sternquist, Yu, Chavez, Vizcarra NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None 1 1 1 ATTACHMENT "A" TITLE 3 CHAPTER 3 ARTICLE A. VEHICULAR TRAFFIC REGULATIONS PART 3. PARKING RESTRICTIONS 3320. PROHIBITED PARKING PERIOD No person shall stop, stand or park a vehicle, all forms of cycles and motorized scoters, and bicycles including similar devises moved exclusively by human power, on any street or in any City or Community Redevelopment Agency owned parking lot between the hours of 2:00 a.m. and 5:00 a.m. of any day, except as expressly provided in this part. 3322 OVERNIGHT PARKING PERMITS B. Criteria. Overnight parking permits provided for under this part may only be issued for a vehicle with a gross weight rating of under six thousand (6,000) pounds and not exceeding 20 feet in length. Recreational vehicles, boats, personal watercraft, trailers, all terrain vehicles, off - highway motor cycles and inoperable vehicles are not eligible for overnight parking permits under this part. Even though a motor vehicle may not qualify for an overnight parking permit under this part, the City may nevertheless issue an overnight parking permit for a motor vehicle owned by and issued to an employee of a federal, state, or local governmental agency for their use. The City may issue an overnight parking permit for a commercial passenger vehicle that is used by the registered owner for their personal business (i.e. an individually owned taxi cab). The City may also issue an overnight parking permit for a vehicle (hereinafter a "take home vehicle ") assigned to the applicant as a take home vehicle by the applicant's employer. An overnight parking permit will only be issued to a commercial passenger vehicle or take home vehicle provided the motor vehicle meets the weight and length requirements of this section and parking of the vehicle will not unreasonably impair parking for other permit holders. 3323 ISSUANCE OF OVERNIGHT PARKING PERMITS A. Application. The registered owner of an eligible motor vehicle desiring an overnight parking permit (annual or monthly), or for the transfer of such permit, shall file a completed application, on the form furnished by the City, with the public safety officer or his /her designee. Each application shall set forth the following: 9. If the applicant is requesting an annual overnight parking permit for a take home vehicle, the applicant will need to provide current vehicle registration and a letter from his /her employer on the employer's letterhead indicating that the specific vehicle has been issued to the applicant and that the applicant is authorized to take the vehicle home at night and park it at his /her residence. The letter must include the address of the applicant's residence. B. Review by Issuing Officer. 4. Temporary Conditional Permit. The issuing officer may issue a temporary conditional permit when: a. The applicant's permitted vehicle is disabled and is in the shop for repair, provided that the applicant submits paperwork (i.e., estimate /quote for repair, work order, etc.) from the repair shop. The temporary conditional permit shall not exceed thirty (30) days in duration. b. A resident has active building permits for a construction project which reduces available off- street parking at the resident's property during the course of construction. The resident may apply for a temporary conditional permit, so as long as the project is proceeding without delay and is receiving the required scheduled inspections by the building inspector. A temporary conditional permit may be issued for a period not to exceed thirty (30) days. 5. Maximum number of permits. The maximum number of overnight parking permits issued relating to any residence shall be set by resolution adopted by the City Council. 6. Availability of on -site parking. The City will deem on -site parking to be available under the following circumstances: a. There is at least one open and available parking space located on the property, whether in a garage, carport, parking stall or other permitted on -site parking. b. An otherwise open and available parking space is occupied by an inoperable vehicle, a vehicle without current valid registration, a recreational vehicle, a trailer, an all terrain vehicle, an off - highway motorcycle, boat or personal watercraft, or a commercial vehicle. c. An otherwise open and available parking space is used for a purpose other than parking, for example the storage of furniture, goods, personal property or other materials. d. An otherwise open and available parking space has been unlawfully converted to a residential dwelling or other non - permitted use. 3325 DUTIES OF PERMIT HOLDER A. Display of Permits. The permit holder shall at all times display the overnight parking permit, as required under this section: 1. Annual permits. All annual overnight parking permits shall be visibly placed on the outside of the rear (back) window in the lower left hand corner (driver's side) or on the left hand side of the rear bumper, and the permit shall not be effective unless so placed. 1 1 1 1 1 1 3329 HARDSHIP If an applicant does not meet the criteria for an annual overnight parking permit or is requesting an exemption from the criteria, the applicant may file with the Issuing Officer a hardship request on the form provided by the City. The Issuing Officer will review the request for completeness within the times provided for such review in this Part. When the request is complete the Issuing Officer will submit the request for review and consideration by the Public Safety Commission. The Public Safety Commission will render a decision to approve or deny the hardship request within thirty (30) days of the Issuing Officer's submittal.