HomeMy Public PortalAboutOrd. 1564ORDINANCE NO. 1564
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING
SECTION 7 -29 TO CHAPTER 7 OF THE LYNWOOD MUNICIPAL CODE RELATING
TO ESTABLISHING RESIDENTIAL PERMIT PARKING DISTRICTS
WHEREAS, the City Council of the City of Lynwood ( "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, 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 City Council desires to provide a mechanism for establishing permit
parking districts within the City of Lynwood.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES ORDAIN AS FOLLOWS:
SECTION 1. That a new Section 7 -29 of Chapter 7 is added to the Code of the City of
Lynwood which section shall read as follows:
Section 7 -29
Establishing Residential Permit Parking Districts.
7 -29.1 General findings
The City Council finds, as a result of evidence generated by internal studies and other sources
that the continued vitality of the City of Lynwood depends on the preservation of safe, healthy
and attractive neighborhoods and other residential areas. The City Council further finds that the
establishment of permit parking districts in certain residential areas of the City will alleviate the
motor vehicle congestion caused by long -term parking by nonresidents of those areas and
neighborhoods. In order to protect the health, safety and welfare of residents and business
owners of areas and neighborhoods affected by long -term parking and to protect and promote the
integrity of these areas and neighborhoods, it is necessary to establish the procedures set forth
herein.
7 -29.2 Purposes of section
a. To create a voluntary program that will enable residents of the City to request the
establishment of residential parking restrictions in the districts in which they live, which are in
addition to, and are likely to be more restrictive than, the City's standard parking regulations for
such districts;
b. To provide for the issuance of a certain number of parking permits to residents and
eligible business owners /employees in such designated residential parking districts, the display
of which will serve to exempt their vehicles from the operation of certain parking restrictions;
C. To promote a cooperative effort among residents in dealing with a shortage of parking
spaces on the streets where they reside by enabling them to formulate such parking restrictions as
they determine to be appropriate for their own neighborhoods.
7 -29.3 Definitions
As used in this Section:
"Address" means and includes any residential or business address. Each dwelling unit
within an apartment building that is distinguished by an apartment number and each
office within an office building that is distinguished by a suite number shall be
considered an address.
"Block" means any street segment intersected by two 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 mean the City Manager of the City of Lynwood or his/her
authorized designee.
"Commission" shall mean the Traffic and Parking Commission of the City of Lynwood.
"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.
"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.
"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 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.
"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.
"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.
7 -29.4 Permit parking exemption
a. A motor vehicle on which is properly displayed a residential parking permit, as provided
for herein, shall be permitted to stand or be parked in the designated parking district for which
the permit has been issued without being limited by time restrictions established by a resolution
Pj
adopted pursuant to this Section. Any motor vehicle which does not display such permit shall be
subject to the permit parking regulation and consequent penalties in effect for such district.
b. A residential parking permit shall not guarantee or reserve to the holder thereof an on-
street parking space within the designated parking district.
C. This Section shall not be interpreted or applied in a manner which shall abridge or alter
regulations established by authority other than this Section.
d. This Section shall not exempt the permit holder from other traffic controls and
regulations existing in the designated parking district.
e. This Section shall not allow the permit holder to stop, park or leave standing his or her
vehicle for more than seventy-two (72) hours in the designated parking district.
7 -29.5 Exemption of certain vehicles; permit display
a. No person shall, without a properly displayed parking permit, park, stop or leave
standing any motor vehicle in a RPPD in excess of the parking restrictions authorized pursuant to
a resolution adopted under this Section and posted therein, except for the following:
Otherwise lawfully parked repair, service, maintenance, refuse, utility, fuel,
delivery or City vehicles parked for reasonable amounts of time while conducting
business in the in the RPPD.
2. Police or Sheriff s vehicles and other public safety or emergency vehicles
operated by or under the authority of a governmental entity while engaged in the
performance of official duties.
3. Otherwise lawfully parked motor vehicles identified as used by disabled persons
meeting the requirements of Section 22511.5 of the California Vehicle Code and
displaying the disabled plates or placards.
b. The City Manager is authorized to establish rules and regulations, not inconsistent with
this Section, concerning the issuance and display of parking permits to permit holders. Parking
permits (which may be decals or such other type of material as the City Manager shall
determine) shall be considered properly displayed if they are visibly affixed to the lower right
hand corner of the windshield of the vehicle in question. Other locations may be permissible, in
accordance with the rules and regulations to be established by the City Manager.
7 -29.6 Designation of a residential permit parking district
a. An area shall be evaluated for a designation as a 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:
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 %)of the addresses within the
proposed district.
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. A proposed RPPD area shall have its eligibility for designation as a RPPD determined on
the basis of the criteria ( "RPPD Criteria ") listed below:
The proposed parking district includes at least four adjacent block fronts;
2. A minimum of eighty percent (80 %) of the block fronts must be residentially
zoned;
3. A minimum of seventy -five percent (75 %) of all on- street parking spaces within
the proposed district must be occupied during any two one -hour periods between
8:00 a.m. and 6:00 p.m.;
4. A minimum of twenty -five percent (25 %) of the vehicles parked on the street
during the aforementioned time period must be registered to nonresidents of the
area;
5. Both sides of a street are included in each district, unless the City Manager or the
Commission determines this to be impractical or undesirable;
6. 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
7. 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 nonresident
vehicles that would be displaced in the proposed permit parking district.
C. Upon receipt by the City Manager of an application and petition meeting the
requirements specified in paragraphs a. l through a.3 of Subsection 7 -29.6 of this Code, the City
Manager shall undertake or cause to be undertaken such surveys or studies deemed necessary to
determine whether the RPPD Criteria are satisfied.
d. After completion of the necessary surveys and studies determining whether the RPPD
criteria have been satisfied, the City Manager shall determine the eligibility of the proposed area
for a RPPD. If an area is deemed eligible, a resolution establishing the area as a 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;
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 -day (1) day and fourteen -day (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
11
8. Other rules and regulations determined by the City Manager to be reasonable and
necessary in such RPPD.
e. 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 a RPPD by the City Manager.
1. Notice of the public hearing shall be posted at least ten 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.
f. 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.
g. The City Council may adopt, reject, or modify a resolution recommending the
establishment of a RPPD. The City Council must adopt the recommended or modified resolution
in order to establish a residential permit parking district.
h. Once a resolution establishing a 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 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.
7 -29.7 Issuance of residential, business owner and business employee parking
permits
a. 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.
b. All parking permits issued under this Subsection shall be valid for 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 Code.
1. Upon submittal of a completed application and payment of any applicable permit
fee, the Parking Enforcement Division shall issue one (1) 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.
5
f. Any person eligible to obtain a parking permit pursuant to Subsection 7- 29.7may apply
for visitor parking permits; however, no more than five (5) one -day (1) day visitor parking
permits per address and no more than two (2) fourteen day (14) day visitor parking permits per
address shall be issued at any one time. The maximum number of visitor parking permits
available for issue may vary from RPPD to RPPD and shall be fixed in the resolution creating
the RPPD.
7 -29.9 Parking permit fees
a. Fees for all types of parking permits created/issued under this Section shall initially be as
set forth below.
1. Residential parking permit initial issue $20.00
2. Annual renewal of residential parking permit $10.00;
3. Business Owner annual parking permit $50.00
4. Business Employee annual parking permit $25.00
5. Visitor Parking Permit (14 -day) $10.00
6. Visitor Parking Permit (1 -day) $1.00
7. Replacement of lost, stolen or mutilated permit $5.00
b. Parking permit fees shall be reviewed annually by the City Manager, and are subject to
change annually by resolution of the City Council. Such parking permit fees shall be published
from time to time in the Lynwood Fee Schedule.
7 -29.10 Posting of signs in designated residential permit parking district
Upon the adoption by the City Council of a resolution designating a RPPD and subsequent to
issuance of the required minimum number of permits, the City Manager shall cause the Director
of Public Works to erect appropriate signs in the RPPD. Such signs shall indicate that the
parking of vehicles that do not display a permit issued for such RPPD is prohibited and the hours
and days during which the prohibitions apply. . Such signs shall also indicate that violators may
be towed.
7 -29.11 Revocation of permits
a. The Parking Enforcement Division is authorized to revoke the residential parking permit
of any person alleged to be in violation of any provisions of this Section pursuant to the
following procedure:
1. The Parking Enforcement Division shall provide written notice of its intent to
revoke the permit to the permit holder. Such written notice shall include a statement
outlining the grounds for revoking the permit. Upon notification of such revocation, the
permit holder shall, within fifteen (15) calendar days of the date of such notice, either
surrender the permit to the Parking Enforcement Division, or file a written request with
the Parking Enforcement Division requesting a hearing before the City Manager.
2. The written request for a hearing must be received by the Parking Enforcement
Division within said fifteen (15) calendar day period to be considered timely, and such
timely receipt of a request shall stay the revocation of the permit pending the final
decision of the City Manager following a hearing. Failure to request a hearing, or failure
to appear at a scheduled hearing shall constitute a waiver of the permit holder's
opportunity to challenge the revocation and shall be deemed an admission by the permit
holder of the grounds for revocation stated in the written notice.
7
3. Unless continued by mutual agreement, a hearing shall be held by the City
Manager, not less than ten (10) calendar days after the date of the notice of hearing is
mailed, by first class mail, postage prepaid, to the permit holder. At the hearing before
the City Manager, any person may present evidence or argument as to whether the permit
should be revoked.
4. No decision shall be invalidated because of the admission into the record and the
use of any proof of any fact in dispute of any evidence not admissible under the common
law or statutory rules of evidence.
5. Within five business days after the close of the hearing, the City Manager shall
enter his or her decision based upon the record presented and notify the permit holder in
writing of such decision. The decision of the City Manager shall be final.
6. If the decision to revoke the permit is sustained, the permit holder shall surrender
the permit to the Parking Enforcement Division. Failure to surrender a permit so revoked
shall constitute a violation of this Section.
7. Revoked permits not timely surrendered shall immediately become null and void
and of no force or effect. Use of a revoked permit shall constitute a violation of this
Section. There will be no refunds for revoked permits.
8. No permit holder who has had a permit revoked may re -apply for another permit
for a period of one (1) year following the date of revocation, and until such person has
made the required application therefore and has paid the fee required for a renewal
permit.
7 -29.12 Violations; Penalties
a. Unless exempted by other provisions of this Section, no person shall stand or park a
motor vehicle, without a parking permit properly displayed, at a curb within a residential parking
district established by a resolution adopted pursuant to this Section for a period of time
exceeding the posted restricted parking time limitation.
1. Motor vehicles in violation of Subsection 7- 29.12.a shall be subject to citation and
a fine of $35.00. In addition, motor vehicles may be towed and impounded,
provided signs giving notice of removal have been posted pursuant to California
Vehicle Code section 22651(n).
2. Upon the effective date of this ordinance, the fine for a violation of section 7-
29.12.a shall be added to the Lynwood Civil Penalty Schedule. Thereafter, the
fine shall be subject to change from time to time by resolution of the City
Council amending the Lynwood Civil Penalty Schedule.
b. The following acts shall constitute misdemeanors punishable by a fine not to exceed five -
hundred dollars ($500.00) and revocation of any permit currently held:
1. For any person to falsely represent himself or herself as eligible for a residential
parking permit or to furnish false information in an application therefore;
2. For any person holding a valid residential parking permit issued pursuant hereto
to permit use or display of or to use or display such permit on a motor vehicle other than
that for which the permit was issued;
3. For any person to copy, reproduce or otherwise bring into existence a facsimile or
counterfeit parking permit or permits without written authorization from the City
Manager;
4. For any person to knowingly use or display a facsimile or counterfeit parking
permit in order to evade time limitations on parking applicable in a residential parking
permit area;
5. For any person holding a valid parking permit issued pursuant hereto to sell, give
or exchange said permit to any other person;
6. For any person to knowingly commit any act which is prohibited by the terms of
this section or any resolution enacted under the authority granted by this Section.
7 -29.13 Modification and termination of a Residential Permit Parking District
a. The City Manager may, at any time after the adoption of a resolution establishing a
RPPD, conduct surveys and studies to evaluate the RPPD's continuing eligibility for permit
parking based on RPPD Criteria specified in paragraphs b.I through b.7 of Subsection 7 -29.6 of
this Code, and recommend the modification or termination of an RPPD to the Commission.
b. At any time after the adoption of a resolution establishing a RPPD, the residents thereof
may request the termination or modification of the RPPD, by submitting to the City Manager a
petition signed by at least 67% of the residents of the RPPD. After verifying the sufficiency of
the signatures of such petition, the City Manager shall submit such petition to the Commission
for review.
1. Upon receipt of a recommendation by the City Manager or a petition signed by at
least 67% of the residents of a designated RPPD, the Commission may recommend to the
City Council that an area's designation as a RPPD be modified or terminated.
2. Prior to making its recommendation to the City Council, the Commission shall
conduct a public hearing on the proposed modification or termination of the RPPD.
Notice of the hearing shall be posted at least ten days prior to the hearing on all block
fronts located in the RPPD for which the modification or termination is proposed. 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.
3. Following such public hearing and upon receipt of the joint recommendation of
the City Manager and the Commission, and giving due consideration to the RPPD
Criteria and /or the request and needs of the RPPD residents, the City Council may, by
appropriate resolution, terminate or modify an RPPD in any manner not inconsistent with
this Section.
SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this ordinance or any part thereof is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase of this ordinance irrespective of the fact that any one or
more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid
or unconstitutional.
SECTION 3. This ordinance shall take effect thirty (30) days after its final passage by the City
Council.
SECTION 4. The City Clerk of the City of Lynwood is hereby directed to certify to the passage
and adoption of this Ordinance and to cause it to be published or posted as required by law.
First read at a regular meeting of the City Council held on the 15h day of
March , 2005 and adopted and ordered published at a regular meeting of said
Council held on the 5th day of ATri 1 , 2005.
Ramon Rodriguez, MayoV
City of Lynwood
E
ATTEST:
Andrea L. Hooper, City Clerk
APPROVED AS TO FORM
ah Jos Wang, A ti Manager
APPROVED AS TO CONTENT:
rAmo'I'do 0 Beltran, City Attorney Grant Taylor
Director of elopment Services
10
STATE OF CALIFORNIA }
}ss
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a
regular meeting held on the 5th day of Apri 1 , 2005.
AYES: COUNCILMEN BYRD, PEDROZA, VASQUEZ AND RODRIGUEZ
NOES: NONE
ABSENT: MAYOR PRO TEM SANTILLAN
/' aeA-�
Andrea L. Hooper, City Clerk
STATE OF CALIFORNIA }
} ss
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of
said City, do hereby certify that the above and foregoing is a full, true and correct copy of
Ordinance No. 1564 on file in my office and that said Ordinance was adopted on the
date and by the vote therein stated.
Dated this 5th day of April , 2005.
Andrea L. Hooper, City Clerk
I
(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 a 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 a 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 permits for vehicles not registered at the business
address and /or up to three 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 be limited to two or possibly one permit 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 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.
7 -29.8 Issuance of visitor permits
a. The Parking Enforcement Division shall also issue visitor parking permits in accordance
with this Subsection. A visitor parking permit shall be of limited duration, but shall otherwise
grant to the holder thereof all the rights and privileges of a regular residential parking permit.
Visitor parking permits shall be of two types:
One -day (1) day visitor parking permits; and
2. Fourteen -day (14) day visitor parking permits.
b. A visitor parking permit shall clearly display the date upon which it becomes effective,
the license number of the motor vehicle for which it applies, the name of the resident, and shall
designate the particular residential permit parking district for which it applies.
C. A one -day visitor parking permit shall, during the date indicated upon the face of said
permit, exempt the applicable vehicle from the posted parking time restrictions established by a
resolution adopted pursuant to this Section.
d. A fourteen (14) day visitor parking permit shall, for the period of fourteen (14) days
commencing upon the date indicated upon the face of said permit, exempt the applicable vehicle
from the posted parking time restrictions established by a resolution adopted pursuant this
section.
e. The City Manager is authorized to establish rules and regulations, not inconsistent with
this Section, concerning the issuance and display of visitor parking permits.
0