"City"
means the City of Huntington Beach.
"Commuter Vehicle"
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.
"Director"
means the Director of Public Works or his or her designee.
"Permit Parking District"
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.
"Property Unit"
means a house, apartment, condominium, or townhouse within the boundaries of a proposed or existing Permit Parking District.
"Resident"
means an owner of a Property Unit and/or person(s) leasing a Property Unit.
(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)
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)