TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: MATTHEW BAUMGARDNER, DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER
DATE: SEPTEMBER 12, 2023
SUBJECT: PILOT PROGRAM ALLOWING THE EXPANSION OF EXISTING PREFERENTIAL
PARKING DISTRICTS
EXECUTIVE SUMMARY
The City Council will consider the adoption of an ordinance to create a pilot program allowing the expansion of existing preferential parking districts to provide on -street parking relief for residents on contiguous streets when certain conditions are met. The residents on the west side of the 11700 block of Bellflower Boulevard have become impacted recently due to the absence of on -street parking along the west side of the street and the recent establishment of preferential parking districts on the 11700-11800 blocks of Corrigan Avenue and the 9010-9060 block of Buckles Street. The adoption of the ordinance along with the resolution adopted on August 8, 2023 will allow the expansion of the existing preferential parking districts on the aforementioned blocks of Corrigan Avenue and Buckles Street to include seven single-family residential properties on the 11700 block of Bellflower Boulevard, which will provide parking relief for said Bellflower Boulevard residents by allowing them to park within the preferential parking districts on Buckles Street and Corrigan Avenue once permits are purchased. •1 11 ►I_ •►
That the City Council:
Adopt Ordinance No. 23-1508, amending Section 3199.6 within Part 12, Chapter 1 of Article III of the Downey Municipal Code relating to residential permitted parking districts.
_• • WE
The City's Residential Preferential Parking Program was initially adopted through Ordinance No. 11-1284 on June 13, 2011 and later amended through Ordinance No. 18- 1402 on November 13, 2018. The program, as initially created, was oriented for the establishment of preferential parking districts on individual street blocks or segments only and for the exclusive benefit of the contiguous single-family residential properties located on said street block or segment. On October 11, 2022, the existing preferential parking district on both sides of the 11700-11800 blocks of Corrigan Avenue was established
PILOT PROGRAM ALLOWING THE EXPANSION OF PREFERENTIAL PARKING DISTRICTS SEPTEMBER 12, 2023
PAGE 2
through the adoption of Resolution No. 22-8105. On May 23, 2023, the existing preferential parking district on both sides of the 9010-9060 block of Buckles Street was established through the adoption of Resolution No. 23-8168.
Since the establishment of the preferential parking district on the 11700-11800 block of Corrigan Avenue, at least one of the residents on the 11700 block of Bellflower Boulevard has communicated to the City that they are being impacted in terms of on -street parking given that they are no longer able to park their vehicle(s) on Corrigan Avenue overnight due to the fact they are not eligible to purchase permits because they do not reside within the district on Corrigan Avenue. In addition, parking is not allowed on the west side of the 11700 block of Bellflower Boulevard due to insufficient street width.
Based on this situation and communication by said resident(s) on Bellflower Boulevard, the City Council directed staff to expand the preferential parking district on Corrigan Avenue to include three single-family residential properties located on the southerly end of the west side of the 11700 block of Bellflower Boulevard at 11751 and 11755 Bellflower Boulevard and 9119 Stewart & Gray Road in the Corrigan Avenue preferential parking district and the four single-family residential properties located on the northerly end of the west side of the 11700 block of Bellflower Boulevard at 11715, 11719, 11723 and 11729 Bellflower Boulevard in the Buckles Street preferential parking district. The location map in Attachment A shows the boundaries of the existing preferential parking districts on Corrigan Avenue and Buckles Street with the seven additional residential properties on Bellflower Boulevard added.
The City's existing Preferential Parking Program per Downey Municipal Code (DMC) Section 3199.6 currently does not allow for the expansion of existing preferential parking districts. Therefore, an amendment to DMC Section 3199.6 will be necessary in order to allow such expansions to include contiguous street blocks which are not located within preferential parking districts when certain conditions are met.
ANALYSIS
In order to allow the expansion of existing preferential parking districts to include contiguous impacted streets not currently located within a preferential parking district, the City is proposing a pilot program through the adoption of an ordinance (Attachment B).
The pilot program will commence on the effective date of the ordinance (October 12, 2023). The ordinance is based on the current Preferential Parking Program ordinance (No. 18-1402) with the following additional provisions included:
PILOT PROGRAM ALLOWING THE EXPANSION OF PREFERENTIAL PARKING DISTRICTS SEPTEMBER 12, 2023
PAGE 3
1. Expansions of existing preferential parking districts shall be based on the following findings:
a. On -street parking relief is needed for inhabitants of such residential neighborhoods which have become impacted due to overflow parking from nearby uses, and
b. The existing preferential parking district has sufficient on -street parking capacity to include additional parking demand from the single-family residential properties located on contiguous streets.
2. The City Traffic Engineer is directed to evaluate the efficacy of the pilot program within 18 months of the program's effective date and provide a report of the same to the City Council.
Per the pilot program, existing preferential parking districts can be expanded through the adoption of a resolution provided the conditions as specified in the ordinance are met.
The adoption of the resolution on August 8, 2023 allows the expansion of the preferential parking districts on the 11700-11800 blocks of Corrigan Avenue and the 9010-9060 block of Buckles Street to include the seven aforementioned single-family residential properties on the west side of the 11700 block of Bellflower Boulevard, pending the adoption of the ordinance. The City has verified that the conditions as specified in the pilot program ordinance have been met on Corrigan Avenue and Buckles Street, namely:
On -street parking conditions for the single-family residents on the west side of the 11700 block of Bellflower Boulevard have become impacted due to overflow parking from nearby uses which is exacerbated by the lack of on -street parking along the west side of the 11700 block of Bellflower Boulevard, and
2. The existing preferential parking districts on the 11700-11800 blocks of Corrigan Avenue and the 9010-9060 blocks of Buckles Street have sufficient on -street parking capacity, 11 and 24 spaces, respectively, to accommodate the parking demand from the single-family residents along the west side of the 11700 block of Bellflower Boulevard.
Upon the effective date of the resolution, which will coincide with the effective date of the ordinance and pilot program, the single-family residential properties on the west side of the 11700 block of Bellflower Boulevard will be entitled to the same privileges and be subject to the same requirements as all of the other properties within the preferential parking districts on Corrigan Avenue and Buckles Street.
PILOT PROGRAM ALLOWING THE EXPANSION OF PREFERENTIAL PARKING DISTRICTS SEPTEMBER 12, 2023
PAGE 4
CITY COUNCIL PRIORITIES
Quality of Life, Safety & Infrastructure
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
Attachment A: Location Map
Attachment B: Ordinance No. 23-1508
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ATTACHMENT
ORDINANCE NO. 23-1508
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 3199.6 WITHIN PART 12, CHAPTER 1 OF ARTICLE III OF THE DOWNEY
MUNICIPAL CODE RELATING TO RESIDENTIAL PERMITTED PARKING DISTRICTS WHEREAS, the City Council adopted Ordinance No. 18-1402 on November 13, 2018, establishing a program for residential preferential parking districts and codified that program in Downey Municipal Code ("DMC") section 3199.6; and
WHEREAS, currently, DMC section 3199.6 does not outline a process to include additional properties in the list of properties eligible to participate in an existing district; and WHEREAS, the City Council desires to amend DMC section 3199.6 to create a pilot program that would allow existing districts to be modified, to allow additional properties to be added to the list of properties eligible to participate in an existing district; and WHEREAS, the notice for the public hearing was published in the Downey Patriot on July 27, 2023, and
WHEREAS, on August 8, 2023, the City Council held a duly noticed public hearing in the Council Chambers of the City Hall at 11111 Brookshire Avenue, Downey, California, to fully consider all oral and written testimony and facts and opinions regarding the amendment to the Municipal Code; and
WHEREAS, having further considered all of the oral and written evidence presented to it before and at the public hearing, the City Council of the City of Downey finds, determines and declares that approval of this ordinance is statutorily exempt from review under the California Environmental Quality Act ("CEQA") pursuant to Section 15301 (Existing Facilities) because the actions identified in the ordinance are limited to the permitting and minor alteration of existing facilities. Alternatively, the adoption of this ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 3199.6 of Article III of the Downey Municipal Code is hereby amended to add subsection (e) as follows:
SECTION 3199.6. ESTABLISHMENT OF RESIDENTIAL PERMITTED PARKING DISTRICTS.
The City Council may designate, by resolution, certain residential streets or portion thereof as residential preferential parking districts for the benefit of residents adjacent to such residential streets, in which vehicles displaying a permit may be exempt from parking prohibitions or restrictions otherwise posted, marked, or noticed. Each residential preferential parking district shall be established only upon finding that such a district is required to provide on -street parking relief for inhabitants of residential neighborhoods which have become impacted due to overflow parking from nearby uses which are unable to contain their on -site parking demand. No resolution designating a residential preferential parking district shall be enforceable until signs giving adequate notice have been placed.
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ATTACHMENT B
(a) The permit parking exemption is subject to the following conditions:
(1) 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 for the street(s) within that district. Any authorized motor vehicle which does not display such permit shall be subject to citation.
(2) A residential parking permit shall not guarantee or reserve to the holder thereof an on - street parking space within the designated parking district. (3) This section shall not exempt the permit holder from other traffic controls and regulations existing in the designated parking district, including parking restrictions or prohibitions in effect Citywide for purposes such as street sweeping, roadwork, discouraging overnight disturbances, or similar notices. (4) 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.
(b) Exemption of Certain Vehicles —Permit Display.
(1) No person shall, without a properly displayed parking permit, park, stop, or leave, standing any unauthorized motor vehicle in a residential preferential permit parking district during the posted parking prohibition or restriction in excess of the posted parking restriction or where parking restrictions have been established for the street(s) within the district, except for the following:
(i) Otherwise lawfully parked repair, service, maintenance, refuse, utility, fuel, delivery or city vehicles parked for reasonable amounts of time while conducting business within the residential preferential parking district; (ii) Police, fire, or other law enforcement, public safety, or emergency vehicles operated by or under the authority of a governmental entity while engaged in the performance of official duties; or
(iii) Otherwise lawfully parked motor vehicles used by disabled persons meeting the requirements California Vehicle Code Sections 22511.5 — 2211.11 or disabled veterans meeting the requirements of California Vehicle Code Section 9105 and displaying appropriate disabled license plates or placards. (2) The City Traffic Engineer is authorized to establish rules and regulations concerning the issuance and display of parking permits in accordance with Section 3199.6(d)(6) of this Code.
(c) Designation of a Residential Permitted Parking District. (1) An area shall be evaluated for the designation as a residential permit parking district if the residents of the proposed parking district submit an application with a petition that contains, at minimum, the following elements:
ORDINANCE NO. 23-1508
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(i) A description and/or map showing the proposed district; (ii) A petition containing the signature, printed name, date of signing, and address of owners of at least seventy-five percent (75%) of the dwelling units within the proposed district;
(iii) The name and telephone number of the applicant(s) who will be the designated representative for the application; and;
(iv) The requested hours and days of the parking restriction or prohibition. (2) The eligibility of a proposed residential parking permit district shall be evaluated upon the basis of the following criteria:
(i) The proposed permitted parking district is at least three quarters, seventy-five percent (75%), single-family residential and includes whole blocks. For purposes of this section, "whole block" shall be defined as the entire portion of a street block from intersection to intersection. The proposed parking district shall also include both sides of a street, unless the City Traffic Engineer determines this to be impractical or undesirable;
(ii) Multi -family properties, if any, within the proposed district boundaries consist of duplexes, triplexes of fourplexes only;
(iii) At least seventy-five percent (75%) of the on -street parking spaces within the proposed district boundaries are occupied during the time of the requested parking prohibition of restriction;
(iv) A minimum of fifty percent (50%) of the vehicle parking spaces within the proposed restricted or prohibited parking hours must be registered to nonresidents of the proposed district. For purposes of this section, "nonresident" shall be defined as an individual who resides outside of the district boundaries; (v) A determination by the City Traffic Engineer that the size and boundaries of the proposed district provides a self-contained area and would not result in shifting the parking problem to an adjacent area;
(vi) The street block in question is a designated residential street. For purposes of this section, "residential street" shall be defined as any street located within an area zoned as residential which does not appear on the Circulation Plan contained within the Circulation chapter of the City's adopted General Plan. (vii) No alternative solution is practical or reasonable; (viii) Such other criteria as the City Traffic Engineer determines necessary, including, but not limited to:
(A) The extent to which vehicles owned by residents of the area could be accommodated by off-street parking spaces, and
(B) The location and number of parking spaces available that would be
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displaced in the proposed permit parking district.
(3) After an application and petition meeting the eligibility requirements is received by the City Traffic Engineer, the City Traffic Engineer shall cause to be undertaken surveys or studies as necessary, and after completion of all necessary surveys and studies, shall notify the applicant whether the establishment of a residential permitted parking district will be recommended to the Public Works Committee. If approved by the Public Works Committee, the residential preferential permitted parking district shall then be considered by the City Council for establishment.
(4) Upon recommendation of the City Traffic Engineer, the City Council shall hold a public hearing for the purpose of determining whether a proper basis exists for making findings outlined in Section 3199.6(c)(2) of this Code. Notice of such public hearing shall be given at least ten (10) days prior to the hearing by publication in a newspaper of general circulation and by mailing to the property owners as shown on the last equalized assessment roll, and to the occupants of each parcel in the proposed district and within four hundred feet (400') of the proposed district boundaries. (5) Once a resolution establishing a residential preferential parking district is established, parking permits must be issued to at least fifty percent (50%) of residents in the district before signs will be installed designating the preferential parking district. If the minimum number if permits is not obtained within sixty (60) days, or the number of permit holders drops below fifty percent (50%) following annual permit renewals, the residential preferential parking district may be terminated by resolution of the City Council at a public hearing noticed as described above.
(6) Upon receipt and verification of a petition signed by a majority (fifty percent (50%) plus one (1)) of the property owners within an established district, a residential preferential parking district may be terminated by resolution of the City Council at a public hearing noticed as described above. Such determination shall be based upon a finding that the conditions set forth in the establishing resolution no longer exist or have diminished to such extent as to make unnecessary the continuation of the district. (d) Issuance of Parking Permits.
(1) The City Traffic Engineer shall issue residential parking permits for residential preferential parking applicants who have completed an application form supplied by the City. Applicants for such permits shall present such proof of residency through a utility bill, vehicle registration, or proof of auto insurance. Not more than two (2) residential permits may be issued for each single-family dwelling unit and not more than one (1) residential permit may be issued for each multi -family dwelling unit. The residential permit(s) will be issued to the owner or occupant for single-family dwelling units and to the owner or his or her authorized representative for the multi -family dwelling units. Applicants requesting more than two (2) residential permits for single-family dwelling units or more than one (1) residential permit for multi -family dwelling units may be granted one (1) additional permit, up to a maximum of three (3) residential permits per single-family dwelling unit or a maximum of two (2) residential permits per multi -family dwelling unit, upon successful demonstration to the City Traffic Engineer that any of the following conditions exist:
(i) There is more than three (3) vehicles registered at the address of such dwelling unit and that sufficient off-street parking is not available to the applicants during the effective hours of the preferential parking zone;
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(ii) Unique physical condition, not created by the property owner, limiting the resident's ability to park motor vehicles on -site.
(iii) All legally authorized (code permitted) parking areas are being used for parking purposes by current licensed and operable vehicles.
(2) The Finance Department shall collect a fee for each resident or vehicle permit issued.
The fee shall be established by resolution of the City Council. (3) Permits issued pursuant to this section, with the exception of temporary permits, shall remain effective through the end of the fiscal year so long as the applicant continues to reside at the address set forth in the application and continues to own the vehicle to which the permit is attached, and so long as the district for which the permit was issued remains in effect.
(4) An owner or occupant residing within a preferential parking district may apply for temporary parking permits once per month to exempt guests or visitors from the posted parking prohibition or restriction. Residents may apply for a maximum of ten (10) temporary permits at any given time. The temporary parking permits are valid for up to one (1) day maximum.
(5) Permits shall be placed upon or inside a vehicle as specified in the instructions accompanying the permit issued by the City Traffic Engineer. (6) Each person shall be subject in all conditions and restrictions set forth in this section and of the residential preferential parking district for which it is issued. The issuance of such a permit shall not be construed to be a permit for, or approval of, any violation of any provision of this Code or any other laws or regulations. (7) Such fees as may be required shall be set from time to time by resolution of the City Council and shall be subject to change annually depending on actual costs incurred by the City for administering the program, fabricating and posting the signs (including one set of spare signs) and all other staff charges incurred as necessary to establish and eventually remove (if necessary) the district.
(8) The number of permits issued for a given district shall not exceed one hundred fifty percent (150%) of the total number of available on -street parking spaces within the given district.
(9) Permits shall not be issued to the following types of vehicles:
(i) Semi -tractor trucks;
(ii) Motor homes;
(iii) Motorcycles;
(iv) Boat, travel and utility trailers;
(v) Vehicles posted for sale;
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(vi) Any commercial vehicle as defined in the California Vehicle Code. (e) Pilot Program to Allow Expansion of Existing Districts. (1) Effective October 1, 2023, the City Council hereby creates a pilot program to allow the expansion of existing residential preferential parking districts. The City Council may add, by resolution, single-family properties to an existing district provided such single-family residential properties are located on streets that are contiguous to, but not included within, an existing district. The City Council shall consider adopting such resolution at a public hearing, duly noticed pursuant to this section.
(2) Such expansion of an existing district shall be based on findings that:
(i) On -street parking relief is needed for inhabitants of such residential neighborhoods which have become impacted due to overflow parking from nearby uses; and
(ii) The existing district has sufficient capacity to include additional single- family residential properties.
(3) Upon the effective date of the resolution, those properties that are added to an existing district shall enioy the same privileges and be subject to the same requirements as all of the other properties within the district.
SECTION 2. The City Traffic Engineer is directed to evaluate the efficacy of the pilot program within 18 months of the program's effective date and provide a report of the same to the City Council. In such report, the City Traffic Engineer may recommend the City Council maintain or terminate the program.
SECTION 3. SAVINGS CLAUSE. Neither the adoption of this Ordinance nor the repeal of any other Ordinance or provision of the Downey Municipal Code referenced in this Ordinance shall not affect in any manner any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this Ordinance; nor shall it affect any prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date of this Ordinance. The provisions of this Ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. The provisions of this Ordinance shall have priority over substantially similar provisions previously adopted by the City relating to the same subject matter. All fee schedules shall remain in full force -and -effect until superseded by Council Resolution.
SECTION 4. If any section, subsection, paragraph, sentence, clause or phrase of the resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validly of the remaining portions of this resolution. The City Council declares that it would have adopted this resolution, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.
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APPROVED AND ADOPTED this 12th day of September, 2023.
CLAUDIA M. FROMETA, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss:
CITY OF DOWNEY )
1 HEREBY CERTIFY that the foregoing Ordinance No. 23-1508 was introduced at a Regular Meeting of the City Council of the City of Downey held on the 12th day of September, 2023, and adopted at a regular meeting of the City Council of the City of Downey held on the 8th day of August, 2023, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 23-1508, was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on July 27th, 2023, (after introduction), and on August 24th, 2023, (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates.
MARIA ALICIA DUARTE, CMC
City Clerk