means the City of Huntington Beach.
means a motor vehicle owned or occupied by a person who is
not a Resident of a Permit Parking District and is parked in a Permit
Parking District.
means the Director of Public Works or his or her designee.
means a geographic boundary created by Resolution of the
City Council that delineates certain roadways, alleyways, or other
conspicuous passageways, where unrestricted parking is not allowed
and where vehicles displaying a valid parking permit are exempt from
certain parking restrictions.
means a house, apartment, condominium, or townhouse within
the boundaries of a proposed or existing Permit Parking District.
means an owner of a Property Unit and/or person(s) leasing
a Property Unit.
(4051-5/15)
The Director at his or her sole discretion may create administrative
regulations to implement provisions of this chapter.
(4051-5/15)
The City Council at its sole discretion by Resolution may create,
expand, amend, or eliminate any Permit Parking District. The Resolution
to create a Permit Parking District will be supported by findings
and establish geographic boundaries and any additional regulations
related to the Permit Parking District. This chapter will not apply
to areas within a specific plan area or coastal zone where such Permit
Parking Districts are expressly prohibited. Resident parking permits
shall not confer any property right or guarantee of a continued Permit
Parking District or reserve to the holder an on-street parking space
or exempt the vehicle/owner from any Federal, State, or local laws.
All applicable California Vehicle Code and Huntington Beach Municipal
Code sections shall be observed within any Permit Parking District.
(4051-5/15)
A.
Residents
may request that the City create a Permit Parking District by submitting
a petition signed by no less than either 20% of the Residents or 25
Residents, whichever is less, to the Director setting forth the proposed
Permit Parking District boundaries, the purpose of the Permit Parking
District, and any other relevant information. The Director will review
the information presented in the petition and within a reasonable
time make a preliminary determination if the petition is valid. The
Director at his or her sole discretion may investigate the permit
and/or proposed Permit Parking District, including contacting Residents
to verify their signatures.
B.
The
Director at his or her sole discretion may modify the proposed boundaries
of the proposed Permit Parking District to include roadways, alleyways,
or other conspicuous passageways, or portions thereof, that may be
substantially affected by the Permit Parking District. The additional
Residents will receive notices and be provided opportunities as applicable
as if included in the initial request.
C.
If
the Director determines that the concerns expressed by the Residents
require further investigation and/or consideration, the Director will
send a letter to each Property Unit within the proposed Permit Parking
District notifying the Residents of the Proposed Permit Parking District
with a description of the boundaries, the purpose, the cost, and any
other relevant information.
D.
The
letter will contain a ballot with instructions and requirements regarding
voting on the creation of the Permit Parking District. Each Property
Unit will be allotted one vote. The Property Unit owner, regardless
of residency, will have the initial opportunity to cast a vote for
the Property Unit. In the absence of the Property Unit owner vote,
the vote of a tenant of the Property Unit will be counted. The City
will send a reminder letter one week prior to ballot's due date.
E.
The
Director shall determine whether a minimum of 75% of the Property
Units are in favor of the proposed Permit Parking District. If a minimum
of 75% of the Property Units are in favor, the Director will cause
an investigation by the City to be conducted to determine whether
facts exist that reasonably establish any of the following unrestricted
parking issues:
1.
Unrestricted
parking creates a situation in which the subject streets cannot be
used for parking by Residents or their guests because Commuter Vehicle
parking unreasonably and regularly interferes with the use of the
available street parking; or
2.
Unrestricted
parking creates a situation where Commuter Vehicles or their occupants
produce significant sources of health, safety, or welfare concerns.
3.
If
the Director reasonably determines that one or more of the above exist,
and the Director reasonably determines that the Permit Parking District
will not unduly affect other reasonable uses of on-street parking,
including parks and schools, by the public, the Director will present
such findings to the City Manager who may at his or her sole discretion
place the matter on the City Council agenda for further consideration
by the City Council. The Director will send notice to each Property
Unit and any property within 500 feet of the proposed Permit Parking
District boundaries with the date and time of the City Council meeting.
(4051-5/15)
Future expansion or amendment of an established Permit Parking
District by Residents of the Permit Parking District may be accomplished
in the same manner as creating a Permit Parking District. Residents
may request the elimination of a Permit Parking District by a simple
majority vote of the Property Units. The City Manager may at his or
her sole discretion place the matter on the City Council agenda for
further consideration by the City Council. City Council at its sole
discretion by Resolution may create, expand, amend, or eliminate any
Permit Parking District.
(4051-5/15)
After the Permit Parking District is established, the City will
begin the process of issuing parking permits. Permits may be valid
for up to 60 months. Each application or re-application for a parking
permit shall contain information sufficient to identify the applicant,
the address of the Property Unit, owned or leased, within a Permit
Parking District, the license number(s) of the motor vehicle(s) for
which the application is made, and such other information as may be
requested by the Director. Permittees shall display the parking permit
as required by the Director so that it is plainly visible through
the windshield from the exterior of the vehicle while the vehicle
is parked.
(4051-5/15)
A fee shall be set by Resolution of the City Council for initial
creation of the Permit Parking District, the issuance or renewals
of permits, and/or the requests for additional permits. The one-time
initial fee shall be for each Property Unit and shall be based on
costs, including, but not limited to, installation of signs, curb
markings, and other devices to define the Permit Parking District.
The fee shall not exceed the costs to create the Permit Parking District.
The initial fee shall be the same for each Property Unit. Fees for
the issuance or renewal of permits and/or the requests for additional
permits shall be set forth in the City Fee Resolution and shall not
exceed the cost of providing the service.
(4051-5/15)
Upon the receipt of the appropriate fees and a completed application,
the Director shall issue one parking permit for each Resident vehicle,
up to a maximum of four Resident permits per Property Unit. If the
vehicle for which a permit has been issued has been sold or otherwise
disposed of, and a substitute vehicle acquired, a new permit may be
issued provided the required information regarding the substitute
vehicle is submitted to the Director.
(4051-5/15)
In addition to the regular Resident permits issued for each
Property Unit, two guest permits will be issued to the Resident and
included in the cost of the permit. These guest permits shall be valid
for the same period as the regular Resident permit and shall be reissued
in the same manner. A minimum of one Resident permit shall be purchased
to obtain the guest permits. Permittees shall display the parking
permit as required by the Director so that it is plainly visible through
the windshield from the exterior of the vehicle while the vehicle
is parked.
(4051-5/15)
In addition to the Resident permits and the guest permits, and
upon the receipt of the appropriate fees and a completed application,
temporary parking permits may be issued for a one-day special event.
Permits may be issued to the Resident if the Resident is on file as
a current parking permit holder. Permittees shall display the parking
permit as required by the Director so that it is plainly visible through
the windshield from the exterior of the vehicle while the vehicle
is parked.
(4051-5/15)
Residential or guest parking permits that have been destroyed,
lost, or stolen may be replaced with a new permit only once upon the
payment of a replacement fee. Additional replacement permits during
the permit period will be considered on a case-by-case basis. Permits
reported destroyed, lost, or stolen are void and may no longer be
used.
(4051-5/15)
Upon adoption by the City Council of a Resolution designating
a Permit Parking District, the Department of Public Works shall cause
appropriate signs to be installed.
(4051-5/15)
The following shall be exempt from the parking restrictions
in an established Permit Parking District: (1) A vehicle owned by
or operated by a public utility or a government agency employee or
contractor while parked in the Permit Parking District; (2) A commercial
or private vehicle parked in the Permit Parking District while loading
or unloading persons or property, or when such vehicle is parked in
connection with or in aid of the performance of a service to the Property
Unit; (3) Any authorized emergency vehicle; (4) Curb parking areas
within the boundaries of any public facility.
(4051-5/15)
The Director may revoke a Resident's parking permit if the Resident
has made misrepresentations regarding eligibility or furnished false
information on an application for a Resident, guest, or temporary
parking permit and the Resident may not reapply for a new permit.
Any Resident or guest in possession of a counterfeit parking permit
will immediately cause the parking permit to be revoked and the Resident
may not reapply for a new permit.
(4051-5/15)
If any section, sentence, clause, or phrase of this ordinance
is for any reason held to be invalid or unconstitutional by a decision
of any court, such decision shall not affect the validity of the remaining
portions of this ordinance.
(4051-5/15)
