ORDINANCE NO.    1776

 An Ordinance of the City Council of the City of Glendora re the Creation and   Administration of Preferential Parking Districts Within the City

 The City Council of the City of Glendora hereby ordains as follows:

 Section 1:

 The Glendora Municipal Code is hereby amended by adding the following provisions: 

1. Authority to Establish Preferential Parking Districts

 Pursuant to applicable provisions of the California Vehicle Code, the City Council may designate, by resolution, certain residential streets or any portion thereof as preferential parking districts for the benefit of residents within the district, in which district vehicles displaying a permit may be exempt from parking prohibitions or restrictions otherwise posted, marked or noticed.

Each preferential parking district shall be designated only upon findings that designation as a preferential parking district is required to enhance or protect the quality of life in the area of the proposed district which is threatened by noise, traffic hazards, environmental pollution, or devaluation of real property resulting from nonresident vehicular parking or traffic, and that designation as a preferential parking district is necessary to provide reasonably available and convenient parking for the benefit of the residents within the proposed district.  No resolution creating a preferential parking district shall be enforceable until signs or markings giving adequate notice thereof have been placed

2. Criteria for Findings

 The findings set forth in Subsection A of this section shall be based upon the existence of one or more of the following conditions established to the satisfaction of the City Council: 

1. Nonresident vehicles regularly and substantially interfere with the use of available public street parking spaces by the residents in the area of the proposed preferential parking district;
2. A shortage of reasonable available and convenient residential-related parking spaces exists in the area of the proposed preferential parking district;
3. Extended parking during the day or night by a substantial number of nonresident vehicles in the area of the proposed preferential parking district;

 

3. Establishment of Preferential Parking Districts.
   1. Upon receipt and verification of a petition on a form supplied by the city and signed by residents of two-thirds of the dwelling units of the area proposed for designation as a preferential parking district, along with a filing fee as established by resolution of the City council, the City Manager shall review the petition and submit a report to the City Council concerning the validity thereof.
       
   2. After receipt of the report, the City Council shall conduct a public hearing 

thereon, for the purpose of determining whether a preferential parking district should be established by resolution.

Notice of such public hearing shall be given by the public works director at least ten 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 area proposed for designation as a preferential parking district.

 

3. As an alternative to the petition described in subsection (C )(1) of this section, the City Council may, on its own motion, initiate the public hearing process described in subsection  (C )(2) of this section if the City Council finds that a petition by two-thirds of the residents is unnecessary.

Prior to the public hearing, the public works director shall notify the neighborhood residents of the City Council’s interest in establishing a preferential parking district and shall conduct neighborhood outreach through a neighborhood meeting or other means, to ascertain the neighborhood residents’ interest in the establishment of a preferential parking district.  After the neighborhood outreach effort, the public works director shall prepare the report as described in subsection (C )(1) of this section.

 

4. Issuance of Permits.
    
   1. Permits.  The Director of Public Works shall issue permits for preferential parking to qualified applicants who have completed an application form supplied by the Director of Public Works.  Applicants for such permits shall present such proof as may be required by the Director Public Works of residence within the area designated as a preferential parking district.  Not more than two permits shall be issued for each qualified dwelling unit to any qualified applicant.  The finance department shall collect a fee established by resolution of the City Council for each permit issued.
       
   2. Duration of Permit.  Permits issued pursuant to this section shall be effective for a calendar year so long as the applicant continues to reside at the address set forth on the application and so long as the preferential parking district for which the permit was issued remains in effect.
       
   3. Placement.  Permits shall be suspended from the interior rear view mirror of each vehicle to be accorded preferential parking privileges.
       
   4. Conditions of Permit.  Each permit shall be subject to all conditions and restrictions set forth in this section and of the 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.
       
   5. Fees.  Such fees as may be required herein shall be set from time to time by resolution of the City Council.  The City Council may waive fees for residents living within a preferential parking district should it elect to do so.

 

5. Prohibitions.
   1. No vehicle shall be parked or stopped adjacent to any curb in a preferential parking district in violation of any posted or noticed prohibition or restriction unless:

a.      Such vehicle shall have prominently displayed upon the interior rearview mirror thereof a permit indicating the exemption from such restriction or prohibition;

b.      A motor vehicle identified, in a manner prescribed by the Director of Public Works, as being owned by or operated under contract to a utility, whether privately, municipally or publicly owned, when used in the construction, operation, removal, or repair of utility property or facilities or engaged in authorized work in the designated preferential parking district; 

c.      A motor vehicle identified in a manner prescribed by the Director of Public Works, as being owned by or operated under contract to a governmental agency, when used in the course of official government business; or 

d.      A commercial vehicle or trailer engaged in loading or unloading property, or parked in connection with or in aid of the performance of a service to or on a property located in the block in which such vehicle is parked. 

2. It shall be unlawful for any person to sell, rent or lease, or cause to be sold, rented or leased, for any value or consideration, any preferential parking permit.  Upon conviction of a violation of this paragraph, all preferential parking permits issued to, or for the benefit of, the dwelling unit to which the sold, rented or leased permit is authorized shall be void.
    
3. It shall be unlawful for any person to buy or otherwise acquire for value or use any preferential parking permit, except as provided for in this section.
    

6. Termination of Preferential Parking Zones.
   1. Upon receipt and verification of a petition supplied by the city signed by residents living in two-thirds of the dwelling units of an area established as a preferential parking district, the city manager may recommend to the city Council that any preferential parking zone be terminated.
       
   2. Upon such a recommendation by the City Manager, the City Council shall conduct a public hearing thereon, for the purpose of determining whether a proper basis exists for terminating an established preferential parking district.  Notice of such public hearing shall be given in the same manner as required for establishment of the district.
       
   3. Termination of an existing preferential parking district shall be based upon a finding that the conditions set forth in Subsection A of the section no longer exist or have diminished in degree to such an extent as to make unnecessary the continuation of the preferential parking district.
       
   4. As an alternative to the petition described in Subsection (F)(1) of this section, the City Council may, on its own motion, initiate the public hearing process described in subsection (F)(2) of this section if the City Council finds that a petition by two-thirds of the residents is unnecessary.
       

Prior to the public hearing, the public works director shall notify the neighborhood residents of the City Council’s interest in establishing a preferential parking district and shall conduct neighborhood outreach through a neighborhood meeting or other means, to ascertain the neighborhood residents’ interest in the establishment of a preferential parking district.  After the neighborhood outreach effort, the public works director shall prepare the report as described in subsection (F)(1) of this section.

 

Section 2: Severability

 If any section, subsection, sentence, clause, phrase, part, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.  The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more sections subsections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional.

 

 

 

PASSED, APPROVED AND ADOPTED this 22nd day of April, 2003

 

CITY OF GLENDORA  BY: /S/MICHAELCONWAY
Michael Conway, Mayor

 

ATTEST:    /S/ JO ANN SHARP
Jo Ann Sharp, City Clerk

 

APPROVED AS TO FORM;     /S/ D. WAYNE LEECH
D. Wayne Leech, City Attorney