ATTACHMENT 1-1
Eff.: ORDINANCE NO. ____
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK ADDING ARTICLE 30 TO CHAPTER 1 OF TITLE
VI, OF THE BURBANK MUNICIPAL CODE TO ESTABLISH
A PARKING METER ZONE IN DOWNTOWN BURBANK
City Attorney’s Synopsis
This Ordinance amends the Burbank Municipal Code, Title 6, Chapter 1, by adding Article 30, Parking Meter s and Parking Meter Zones. This Ordinance establishes the boundaries of the parking meter zones and the rules governing the use of the parking spaces and parking meters within established parking meter zones.
THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. The City Council adopted six parking management objectives at the May 21, 2019 City Council meeting. These objectives are to protect single family parking, increase parking availability, leverage underused private parking, regulate street parking and public parking lots with pricing, reinvest parking revenue, and tailor impl ementation to neighborhoods; and
B. On-street parking in Downtown Burbank is the most impacted area in Burbank, with the consistently highest on-street parking occupancies in the City; and
C. The Burbank2035 General Plan and the Greenhouse Gas Reduction Plan each have parking management goals and policies; and
D. The City Council directed staff to develop a proposed Parking Management Plan for Downtown Burbank, including a proposed ordinance, resolution, budget, and any associated agreements for implementation at the October 24, 2023 City Council meeting; and
E. California Vehicle Code Section 22508 authorizes cities to establish parking meter zones and related fees , and provides that such fees may be variable based on criteria identified by ordinance; and
F. The City desires to establish an on-street parking meter zone and the rules and fees governing parking on the street within that zone in Downtown Burbank for the purposes of managing parking via price.
G. The City Council exercises its independent judgment and finds that the adoption of this Ordinance has no potential for resulting in a direct or reasonably foreseeable indirect physical change to the environment and as such, falls outside the Attachment 1
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definition of a “project” under the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA pursuant to Sections 15378 and 15060(c)(2)-(3) of Title 14 of the California Code of Regulations (CEQA Guidelines). Furthermore, even if this action constitutes a “project” subject to CEQA review, it is exempt from environmental review pursuant to CEQA Guidelines Section 15301, as the implementation, operation and management of paid parking under a parking meter zone constitutes operation and minor alteration of existing street and sidewalk facilities involving negligible or no expansion of existing or former use.
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. Addition of Article 30 . Article 30, PARKING METERS AND PARKING METER ZONES, is added to Title 6, Chapter 1 of the Burbank Municipal Code to read as follows:
“ARTICLE 30. PARKING METERS AND PARKING METER ZONES
6-1-3001: PURPOSE:
This article establishes parking meter zones and the rules and regulations governing parking and the use of parking meters within parking meter zones.
6-1-3002: DEFINITIONS:
For the purposes of this article, the following definitions apply.
ALTERNATE FORM OF PAYMENT: Any lawful form of payment, including but not limited to, coins, tokens, prepaid cards, debit cards, and credit cards that a parking meter or mobile payment application is equipped to accept as payment for occupying a parking space.
DIRECTOR: The Community Development Director, or their designee . For purposes of this Article, the Director’s designee may include a City staff member, contractor, or the Parking Authority.
METERED PARKING SPACE: A parking space within a parking meter zone.
MOBILE PAYMENT APPLICATION : A smartphone application or web -based platform that functions as a parking meter and is authorized by the Director to record paid parking time and accept and register payment for one or more metered parking spaces.
MULTI-SPACE PARKING METER or PAY STATION: A ny parking meter which
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records paid parking time and accepts and registers payment for more than one (1) metered parking space. If not located immediately adjacent to the parking space it regulates, a multi-space parking meter will be marked or labeled to identify the spaces it regulates.
PARKING AUTHORITY: The Parking Authority of the City of Burbank, California.
PARKING METER : Any device (including related software) which, upon the deposit of payment, registers the time that a vehicle is parked in a metered parking space for a specified time period or for a specific number of minutes. "Parking meter" includes a multi-space parking meter, or a mobile payment application.
VETERAN'S LICENSE PLATE : A currently valid special vehicle license plate issued by the State of California as described in California Vehicle Code 22511.3(a). The term includes a license plate issued by another State indicating a similar status.
6-1-3003: INSTALLATION AND REMOVAL OF METERED PARKING SPACES AND PARKING METERS AND HOURS OF OPERATION:
A. Upon establishment by the City Council of a parking meter zone, t he Director shall install and maintain parking meters, and mark metered parking spaces to indicate where authorized parking is permitted.
B. Provisions of this article which require payment at parking meters shall apply at such times and hours as may be determined from time to time by the Director, based on activity of adjoining land uses, parking occupancy surveys, and the City’s adopted parking management principles, as may be amended or modified from time to time. Such times and hours shall be indicated by signs adjacent to or on the parking meter.
C. The Director may, in their discretion, from time to time prohibit all parking in any or all meter ed parking spaces during times of emergency or necessity or for any other reason, by posting “NO PARKING” signs or marking the restriction in any other way as may be authorized by law.
D. Upon the Director’s finding of public need and necessity or other public benefit, the Director may take any parking meter out of service temporarily or permanently by removal, by covering the parking meter, or by other means.
6-1-3004: OPERATION OF PARKING METERS:
A. Parking meters will indicate the type of United States currency they accept, such as coins, paper currency, or alternate forms of payment including, but not limited to, prepaid cards, debit cards, or credit cards.
B. If not immediately located adjacent to the parking space it regulates, a parking meter will be marked or labeled to identify the space(s) for which it accepts payment. Parking meters will measure, in minutes, the period of time during which a vehicle may park in a meter ed parking space without violating the
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provisions of this Article or any ordinance regulating parking upon the street or other area on which the parking meter is established.
C. If a mobile payment application is available for use, signs indicating how to use the mobile payment application will be posted throughout the parking meter zones.
6-1-3005: PARKING METHOD:
Except as required elsewhere in this Code or by State law, any vehicle parked or standing in any metered parking space shall be parked or stand within the lines marked on the street or other area for such parking space. No person shall park or stand any vehicle across any such line or mark or park the vehicle in such a way that it will not be within the area so designated by the signs, lines, or markings.
6-1-3006: PAYMENT FOR METERED PARKING SPACE:
A. No person shall park, stand or stop any vehicle in any metered parking space, during a period for which a paid parking time limit is applicable, without depositing in the assigned parking meter such lawful money of the United States, or the equivalent thereof indicated by the parking meter, as required by the parking meter for the duration of time the vehicle occupies the space.
Payments for metered parking spaces via an authorized mobile payment application when available in a parking meter zone will also be considered as satisfying the payment requirements of this section.
B. Payment must be evidenced by following the instructions posted on, adjacent to, or prompted within the parking meter. Such evidence will depend on the parking meter technology, and may include , but is not limited to, entering the parked vehicle’s license plate number or displaying a proof of payment ticket on the vehicle’s driver’s side front window. Failure to follow instructions to show evidence of payment may result in a violation of this Article.
C. If all assigned parking meter(s) for a metered parking space are inoperable, the time limits posted for the metered parking space will still be enforced during the posted hours of operation for the parking meter(s).
6-1-3007: UNLAWFUL TO EXCEED OR EXTEND TIME LIMITS:
A. No person shall stop or park any vehicle in any metered parking space beyond the posted time limit , or attempt to extend parking by depositing additional payment in a parking meter after a vehicle has parked for a consecutive number of minutes equal to or in excess of the posted time limit ; provided, however, this Section shall not apply within the hours during which free parking is
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permitted.
B. Vehicle parking in a parking meter zone is limited to once per day per block or other street segment as indicated on signs within the parking meter zone. Upon the expiration of time for which payment has been made to park in a metered parking space, vehicles may not park or re -park within any metered parking space in the same block or other street segment until the beginning of the following calendar day.
C. This Section shall be enforced against vehicles that exceed posted time limits or applicable parking restrictions, even if additional payment has been deposited and accepted by a parking meter in an attempt to extend parking within a metered parking space, block, or street segment beyond the applicable time limits and restrictions.
6-1-3008: EVIDENCE OF VIOLATION:
Parking, stopping or standing of any vehicle in a metered parking space for which the parking meter indicates that (1) no payment has been made, (2) the paid time has expired, (3) that a vehicle has exceeded the maximum posted parking time limit, or (4) that a vehicle has improperly attempted to extend time in violation of this Article (either in the same space or a different space within the same parking meter zone), shall constitute a prima facie presumption that the vehicle has been parked in violation of this Article.
6-1-3009: PROHIBITED USE OF PARKING METERS:
A. No person shall deposit in any parking meter any defaced or bent coin, or any slug, device or substitute for the required coin or coins or paper currency of the United States or acceptable alternate form of payment.
B. No person shall direct or insert any card, object, substance or device in, upon, or at a parking meter as a means to avoid, or in lieu of, making lawful payment for parking as required by this Article.
C. No person shall deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter by any means.
6-1-3010: PURPOSE OF COMPENSATION:
The payment required to be made for parking in a metered parking space is necessary to achieve the parking occupancy performance goal needed for spaces to be well-used but readily available. Payment received may be used to pay for the expense incurred in furnishing the management, regulation, enforcement, and equipment, required by such parking. The payment received may also be used for public parking facilities maintenance and capital improvements (including, but not limited to public parking facilities ow ned and operated by the Parking Authority) , transportation related improvements, and may also be used to supplement City or
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Parking Authority services in neighborhoods where parking management is implemented. The payment is found to be the fee necessary for the privilege, voluntarily exercised by owners, operators, managers or drivers of vehicles, of parking the vehicle within the metered parkin g spaces in a manner that achieve s the parking occupancy performance goal.
6-1-3011: PAYMENT COLLECTION:
All payments made to or deposited in any parking meter shall be collected regularly by a person or entity designated by the City Manager , who may be a City staff member, one or more contractors selected and approved by the City in a manner consistent with the City Charter and all applicable ordinances , or the Parking Authority.
6-1-3012: ESTABLISHMENT OF PARKING METER ZONES AND RATES:
A. The areas or streets described below are hereby established as parking meter zones:
Zone Number Area/Street
1 North San Fernando Boulevard between East Magnolia
Boulevard and East Olive Avenue, South San Fernando
Boulevard between East Olive Avenue and East Angeleno
Avenue, East Magnolia Boulevard between North First
Street and North Third Street, Palm Avenue between North San Fernando Boulevard and North Third Street, East
Orange Grove Avenue between North First Street and
North Third Street, and East Olive Avenue between North First Street and North Third Street
B. The rates for parking a vehicle in a designated parking meter zone will be established and adjusted, from time to time, to manage the use and occupancy of public parking spaces for the public benefit.
C. The following on-street parking rates and ranges are established for the following parking meter zones:
a. Zone Number 1 - $2.00 dollars per hour. Rates may be adjusted as low as $1.00 dollar per hour and as high as $8.00 per hour.
D. The Director is authorized to adjust on -street parking rates from time to time based on the following:
a. Rates may be adjusted up or down within the ranges established by this Section in no more than fifty cent intervals to achieve target occupancy based on consideration of occupancy, customer parking availability concerns, comparable location surveys, and relationship to adjacent parking facilities.
b. Rates may not be adjusted more than six times per year and may not be adjusted more than once in any one-month period.
c. A current schedule of on -street parking rates shall be available at the
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City Clerk’s office and the Community Development Department, and broadly communicated to the public, including but not limited to display on or adjacent to related parking meters . For reference only, on-street parking rates in existence as of the date of the City’s annual adoption of the Fee Resolution will be listed in the Fee Resolution.
6-1-3013: EXEMPTIONS FROM THIS ARTICLE:
A. Sections 6-1-3006 and 6-1-3007 shall not apply to any of the following: vehicles lawfully displaying a special identification license plate or placard issued by the State to a disabled person or disabled veteran; emergency vehicles and other vehicles exempted from observing parking regulations pursuant to the applicable provisions of the California Vehicle Code, and vehicles exempted from this title by Section 6-1-305.
B. Section 6 -1-3006 shall not apply to vehicles lawfully displaying a veteran’s license plate.”
Section 3. Severability. If any provision of this Ordinance or its 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 provisio n or application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 4. Environmental Review. Adoption of this Ordinance has no potential for resulting in a direct or reasonably foreseeable indirect physical change to the environment and as such, falls outside the definition of a “project” under the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA pursuant to Sections 15378 and 15060(c)(2) -(3) of Title 14 of the California Code of Regulations (CEQA Guidelines). Furthermore, even if this action constitutes a “project” subject to CEQA review, it is exempt from environmental review pursuant to CEQA Guidelines Section 15301, as the implementation, operation and management of paid parking under a parking meter zone constitutes operation and minor alteration of existing street and sidewalk facilities involving negligible or no expansion of existing or former use. There are no unusual circumstances that would preclude the use of this exemption.
Furthermore, none of the exceptions to the Categorical Exemptions listed in Section 15300.2 of the CEQA Guidelines apply to this Project. The City Planner shall file a Notice of Exemption with the Los Angeles County Clerk and submitted to the State Clearinghouse, within 5 days of the City Council’s decision.
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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 , 2024.
_______________________
Nick Schultz
Mayor
Approved as to Form:
Attest: Office of the City Attorney
___________________________ By:______________________ Kimberley Clark, City Clerk Lisa Kurihara
Senior Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, 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 _______ 2024, 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 its _______, 2024 adoption.
___________________________
Kimberley Clark, City Clerk