ATTACHMENT 1-1
Eff.: ORDINANCE NO. ________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK REPEALING AND REPLACING ARTICLE 16
OF CHAPTER 1 (VEHICLES AND TRAFFIC) OF TITLE 6
(MOTOR VEHICLES AND TRAFFIC) OF THE BURBANK
MUNICIPAL CODE RELATING TO PUBLIC PARKING.
City Attorney’s Synopsis:
This Ordinance updates Title 6 of the Burbank Municipal Code (“BMC”) by repealing Title 6, Chapter 1, Article 16 of the BMC, which currently includes outdated regulations of “parking meter zones,” and replacing Article 16 with updated provisions establishing a parking management system for off-street parking lots and parking structures owned by the City or the Burbank Parking Authority.
THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. The City of Burbank (“City”) is a small city within Los Angeles County that is known for being the home to numerous small and large media and entertainment studios and production facilities, as well as other significant retail industries.
B. The City’s residential population is approximately 103,000, but its daytime population grows to 200,000 on weekdays.
C. The density of the City and the number of people working or visiting the City on a daily basis significantly impacts traffic circulation and parking availability on the City’s existing street network and off-street parking facilities.
D. To effectively regulate and manage traffic and parking circulation and the transportation network, and thereby protect the public safety and general welfare, the City owns several public parking lots and structures, and regulates on-street stopping, parking, and standing of vehicles.
E. Title 6 (Motor Vehicles and Traffic), Chapter 1 (Vehicles and Traffic), Article 16 (Parking Meter Zones) was adopted in 1984 under Ordinance No. 2977.
Ordinance No. 2977 established parking meter zones at two locations at the Hollywood Burbank Airport (formerly known as the “Burbank-Glendale-Pasadena Airport”). These parking meter zones no longer exist, and the City does not currently manage any parking meter zones on public streets.
F. Existing City laws relating to parking meter zones are unclear, out of date, and do not adequately address present traffic and parking conditions in the City, which does not promote public welfare. Repealing and replacing such laws will reduce confusion, encourage compliance, and promote the City’s parking enforcement and maintenance efforts.
G. The Burbank2035 General Plan Mobility Element identifies Goals, ATTACHMENT 1-2
Policies, Strategies, and Programs to better manage public and private parking.
Specifically, Mobility Element Goal 7 identifies that “Burbank’s public and private parking facilities are well-maintained and convenient’; Policy 7.1 directs the City to “effectively manage citywide parking to improve convenience while maximizing use at all times of the day”; the Mobility Element Parking strategies include “managing parking demand with validations, paid parking, and enforcement’; and Plan Realization Program M-9 identifies the implementation of Parking Management as necessary to implement the Mobility Element.
H. Pursuant to the regulatory authority under California Vehicle Code section 22519 and California Government Code 54037, implementing a program for establishing and enforcing parking regulations, including parking fees, in off street parking lots and structures owned by the City and Burbank Parking Authority will facilitate effective regulation of traffic circulation and parking of vehicles in the public parking lots, as well as ongoing management of off street public parking.
I. The management of parking in City-owned lots and structures may allow the City to offset the long-term and short-term maintenance costs of those facilities as well as improve the aesthetics of their surrounding neighborhoods using parking revenue funds.
J. Based on the foregoing, it is necessary to repeal and replace Title 6, Chapter 1, Article 16 of the BMC in order to implement the Burbank2035 General Plan; to better manage, control, and regulate traffic and parking circulation throughout the City; to improve the City’s transportation network in order to promote a more sustainable transportation system; to ensure adequate parking availability for residents, workers, and visitors; to prevent traffic congestion and hazardous traffic conditions; and to promote compliance and facilitate more efficient and effective notice and enforcement, all of which will promote the public health, safety, and general welfare.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Findings. The City Council of the City of Burbank hereby finds that the above findings are true and correct and are hereby incorporated by reference.
Section 2. Repeal and Replace BMC Title 6, Chapter 1, Article 16. Article 16 of Chapter 1 (Vehicles and Traffic) of Title 6 (Motor Vehicles and Traffic) of the Burbank Municipal Code, is hereby repealed in its entirety and replaced to read as follows:
ATTACHMENT 1-3
“Article 16 Public Parking Lots
6-1-1601: PUBLIC PARKING LOT DEFINITION:
A “public parking lot,” as used in this Article, shall mean an off-street parking lot, parking structure, or other parking facility owned and operated by the City of Burbank or the Parking Authority of the City of Burbank.
6-1-1602 PURPOSE OF PARKING FEES:
The purpose of establishing parking fees as provided in this Article is to regulate parking to improve parking convenience, manage parking demand, and maximize parking use at all times of the day. Fees shall be set to ensure adequate parking turnover so that a public parking lot always has some of its spaces open at all times and never becomes fully occupied, and may also be set to deter nuisances or inappropriate use of public parking lots. The revenues collected from such parking fees shall offset the cost of the acquisition, purchase, lease supervision, protection, operation, regulation, control, inspection, maintenance, repair, and use of off-street public parking lots and infrastructure.
Should the parking fees required to regulate parking generate revenue in excess of these costs, excess parking fee revenue shall be used to offset the protection, operation, regulation, control, inspection, maintenance, and repair of adjacent public facilities and public infrastructure that benefit from and contribute to the use or public enjoyment of the public parking lots. Said fees shall be devoted exclusively to such purposes.
6-1-1603 PARKING FEES AND PERMIT FEES:
A. Parking fees and permit fees for individual public parking lots may be established and changed, from time to time, by resolution of the City Council.
B. Once established, the City Manager, or designee, is authorized to adjust parking fees and permit fees, for public parking lots as authorized by the Resolution in order to facilitate the parking turnover, occupancy standards, and operational goals set forth in the City’s most recently adopted Parking Management Principles. These adjustments may be made based on data collected to ascertain the operation of the public parking lot and could include occupancy counts, comparable location surveys, and relationship to adjacent parking facilities.
C. No parking permit will be issued to any person who has any unpaid parking citations owed to the City of Burbank.
ATTACHMENT 1-4
6-1-1604 PARKING TIME LIMITS, DESIGNATED PERMIT AREAS, AND EXEMPTED PERIODS:
A. Time Limits.
The City Manager, or designee, is authorized to impose time limit parking restrictions in public parking lots as may be necessary to improve parking convenience, manage parking demand, and maximize parking use at all times of the day. If so imposed, the City Manager or designee shall place appropriate signs or markings giving adequate notice thereof. When such signs or markings are in place in any public parking lot, giving notice of parking limitations, no person shall stop, stand or park any vehicle in such public parking lot for a period of time longer than authorized by such signs or markings.
B. Designated Permit Areas and Exempt Periods.
If parking or permit fees are established by Resolution for a public parking lot, the City Manager, or designee, may establish and, from time to time, adjust, the following for the public parking lot:
1. Designated permit areas within the public parking lot where parking will be reserved for permit-only parking.
2. Exempt periods when parking fees or permit requirements will not be applied within the public parking lot.
3. Criteria for issuing free or discounted parking.
6-1-1605 TOWING:
Any vehicle parked or left standing in violation of this Article may be towed from the public parking lot and impounded.
The registered owner of the vehicle shall be responsible for any fees in connection with such towing and impounding.
6-1-1606 PAYMENT OF POSTED FEE REQUIRED:
A. Public Parking Lots with Attendants.
No person shall park a vehicle in a public parking lot with an attendant on duty unless he or she has paid the posted parking fee or obtained a valid parking permit and, if instructed to do so, has displayed the receipt for payment on the vehicle. Any person who parks in an attended public parking lot when no attendant is on duty shall pay the parking fee at the pay machine located in the lot, or, if there is no pay machine, when exiting the lot if an attendant is then on duty. If a vehicle is parked in an attended public parking lot without a pay machine and the vehicle does not display a parking receipt, it shall be presumed that the vehicle entered the public parking lot when there was no attendant on duty.
ATTACHMENT 1-5
B. Parking Lots with Pay Machines and No Attendants.
No person shall park a vehicle in an unattended public parking lot with a pay machine unless he or she has paid the posted parking fee or obtained a valid parking permit. If instructed by a posted sign to display the receipt of payment, the receipt must be visibly displayed on the vehicle as instructed by the posted signage. If instructed by a posted sign to provide the license plate number of the vehicle being parked, no person shall refrain from inputting said license plate into any payment kiosk, machine, or online payment system. No person shall exit a public parking lot without payment of the applicable parking fee at the on-site pay machine (or other authorized payment mechanism) for the time that the person’s vehicle was parked in the public parking lot.
C. Removal of Parking Receipts Prohibited.
No person shall remove a parking receipt from another vehicle in a public parking lot.
D. Transfer of Parking Receipts Prohibited.
No person shall transfer or cause to be transferred a parking receipt from another vehicle in a public parking lot to avoid payment of posted parking fees.
E. Automatic License Plate Readers
The City may utilize an automatic license plate reader system to identify the time at which vehicles enter and exit a public parking lot, and to verify payment of parking fees. No person shall cause a vehicle’s license plate to be obscured from the license plate reader device or otherwise interfere with the automatic reader system for the purposes of evading payment.
6-1-1607 MARKED EXITS:
No person shall remove a vehicle from a public parking lot except through a marked exit gateway or driveway.
6-1-1608 PARKING SPACES:
A. Parking Within Marked Spaces.
No vehicle shall be parked in any public parking lot except entirely within a space indicated by painted lines, said space being commonly referred to as a “parking space,” “parking slot,” or “parking stall.”
B. Large Non-Commercial Vehicles and Non-Motorized Vehicles.
Large non-commercial vehicles and non-motorized vehicles as defined by Section 6-1-102 of this Chapter are not permitted to park in any public parking lot.
6-1-1609 COMMERCIAL VEHICLES IN PUBLIC PARKING LOTS:
ATTACHMENT 1-6
No person shall drive a commercial vehicle as defined in Section 6-1-1008 onto any public parking lot, unless authorized by the City as provided in this section.
The City may allow commercial vehicles to drive onto a public parking lot if the vehicle is actively engaged in business deliveries to or pick up from merchants maintaining an established place of business adjacent to such parking lot. If authorized, the City shall post signs giving adequate notice thereof.
6-1-1610 PROHIBITED ACTIVITIES:
To maintain public health and safety, the City Manager (or designee) may adopt rules governing the use of public parking lots. No person shall engage in any activity in violation of such rules if the rules are posted in a conspicuous place within the public parking lot.
6-1-1611 POSTED SPEED LIMITS:
No person shall drive a vehicle in excess of the posted speed limit on any public parking lot.
6-1-1612 MAXIMUM SPEED LIMIT:
Unless otherwise posted, no person shall drive a motor vehicle upon any public parking lot at a speed greater than fifteen miles per hour.
6-1-1613 PENALTIES:
A. Any person violating any provision of this Article, except for provisions restricting the parking, stopping or standing of vehicles, shall be guilty of either an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars per violation, or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment.
B. Any person who violates any provision of this Article, except for provisions restricting the parking, stopping or standing of vehicles, shall be subject to administrative fines and administrative penalties pursuant to Section 1-1- 108.1 of this Code.
C. The remedies provided in this Section are not exclusive, and nothing in this Section shall preclude any person from seeking other remedies, penalties or procedures provided by law.
D. All other penalties for violations of provisions in this Article relating to the parking, stopping, or standing of vehicles shall be an infraction which shall be enforced through the parking penalty process set forth in Section 40200 et seq. of the California Vehicle Code.”
Section 3. Severability. If any provision of this Ordinance or its ATTACHMENT 1-7
application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 4. Environmental Review. This Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the California CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) because it involves the operation of existing public facilities with negligible or no expansion of existing use, and therefore will not have a significant effect on the environment.
Section 5. Effective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.
PASSED AND ADOPTED this ____ day of ______, 2022.
__________________________
Jess A. Talamantes
Mayor
Approved as to Form:
Attest: Office of the City Attorney
_____________________________ By: _______________________ Zizette Mullins, MMC, City Clerk Lisa Kurihara Senior Assistant City Attorney
ATTACHMENT 1-8
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Zizette Mullins, MMC, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. _______ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the __ day of , 2022, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following the Ordinance’s adoption on _______________, 2022.
____________________________
Zizette Mullins, MMC, City Clerk