City of Palo Alto (ID # 7425) City Council Staff Report Report Type: Consent Calendar Meeting Date: 11/7/2016 Summary Title: SECOND READING: Crescent Park No Overnight Parking Title: SECOND READING: Adoption of an Ordinance to add Chapter 10.51 to the Palo Alto Municipal Code to Permanently Implement the Crescent Park No Overnight Parking Program and Expand the Boundaries of the Program (FIRST READING: December 7, 2015 PASSED: 7-0 Scharff not participating, Burt absent) From: City Manager Lead Department: Planning and Community Environment Recommendation Staff recommends that the City Council adopt the attached ordinance (Attachment A) to make the existing Crescent Park No Overnight Parking program permanent and to expand the boundaries of the program. Executive Summary On August 12, 2013, Council approved implementation of a pilot No Overnight Parking program on certain streets within the Crescent Park neighborhood for one year. Developed in response to resident concerns about non-resident parking, the program aimed to restrict overnight parking to resident permit holders only. Crescent Park residents petitioned by street, and the City implemented a pilot No Overnight Parking program requiring residents to display a valid City of Palo Alto parking permit on their vehicles to park on-street between the hours of 2:00 am and 5:00 am. Residents of streets within the program boundaries and whose streets have opted to participate in the program are eligible to purchase permits. Residents are allowed up to two annual permits per household at a cost of $100 each. Based on the success of the program, Council authorized staff in September 2014 to continue the Crescent Park No Overnight Parking program trial. Since that time, the intrusion of nonresidential parkers has continued into additional streets, and 20 streets have successfully petitioned to implement permit parking. The program has proved successful at addressing resident concerns, and staff believes that making the program permanent is warranted. City of Palo Alto Page 1
The first reading of this ordinance occurred on December 7, 2015 and for some reason, a second reading never occurred. The staff report from December 7 th is available at: http://www.cityofpaloalto.org/civicax/filebank/documents/50006. The ordinance will become effective 31 days following adoption. Attachments: Attachment A: Crescent Park No Overnight Parking Ordinance (PDF) City of Palo Alto Page 2
Ordinance No. Ordinance of the Council of the City of Palo Alto to Add Chapter 10.51 to the Palo Alto Municipal Code to Permanently Implement the Crescent Park No Overnight Parking Program and Expand the Boundaries of the Program The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Findings and Recitals. The Council of the City of Palo Alto finds and declares as follows: A. In response to resident concerns about non-resident parking, the Council adopted a resolution implementing a pilot No Overnight Parking program on certain streets in the Crescent Park neighborhood. B. The pilot program s success resulted in an increased demand for participation among Crescent Park s residents and the Council s approval to extend the program for another year. C. With the approved expansion of the pilot program, non-resident parkers have moved to other streets outside the program s boundaries causing even more Crescent Park residents to request participation in the program. D. To combat the spillover effect resulting from the existing restricted parking areas and to address the increasing resident demands for participation in the program, a permanent overnight restricted parking program should be implemented in an expanded area. SECTION 2. Title 10 of the Palo Alto Municipal Code is amended to add a new Chapter 10.51 entitled Crescent Park No Overnight Parking Program to read as follows: 10.51.010 Purpose. The Crescent Park No Overnight Parking Program is intended to restore and enhance the quality of life in the Crescent Park neighborhood by reducing the impact of parking associated with nearby residences, businesses or other neighboring uses. Restricted parking areas should be designed to accommodate non-residential parking when this can be done, while meeting the parking availability standards determined by the city to be appropriate for the area in question. 10.51.020 Definitions. The following words and phrases as used in this Chapter shall have the following meanings. a) Crescent Park. Crescent Park means the area bound by Edgewood Drive on the northeast, Channing Avenue on the South, Lincoln Avenue on the west, University Avenue on the northwest and including the entirety of Crescent Drive. 151112 cs 0131493 1 November 12, 2015
b) Dwelling Unit. Dwelling Unit shall mean any self-contained house, apartment, stock cooperative, or condominium occupied solely for residential purposes. c) Restricted Parking Area. Restricted Parking Area shall mean a residential area upon which the Council imposes overnight parking limitations pursuant to the authority granted by this Chapter. d) Resident. Resident shall mean any person who lives in a dwelling unit located in a residential restricted parking area. e) Overnight Residential Parking Permit. Overnight Residential Parking Permit shall mean a permit issued under this Chapter which, when displayed upon a motor vehicle, as described herein, shall exempt said motor vehicle from parking time restrictions established pursuant to this Chapter. f) Guest. Guest shall mean a person visiting residents living in a residential preferential parking zone. g) Guest Parking Permit. Guest Parking Permit shall mean a parking permit issued pursuant to this Chapter or an ordinance or resolution enacted pursuant to authority granted herein, which when displayed upon a motor vehicle, as described herein, shall exempt the motor vehicle from parking time restrictions established pursuant to this Chapter. 10.51.030 Designation of Crescent Park No Overnight Parking Area. a) Area. 1. The following streets or street segments are approved for the Crescent Park No Overnight Parking Program: Crescent Park Street or Street Segment Status Edgewood Drive between Southwood and Patricia Opted In September 2013 Newell Road between Edgewood and Dana Opted in September 2013 Phillips Road Opted in September 2013 Madison Way Opted in September 2013 Hamilton Ave between Island and Alester Opted in September 2013 Jefferson Drive Opted in September 2013 Southwood Court Opted In November 2013 Crescent Drive Opted in November 2013 Dana Avenue, Ashby to Alester Opted in November 2013 Newell Road, Dana to Pitman Opted in November 2013 Newell Road from Alester/Dana to Lincoln Opted in November 2013 151112 cs 0131493 2 November 12, 2015
East Crescent Drive Opted In December 2013 Island Drive Opted in April 2014 Kings Lane Opted in April 2014 Center Drive Opted in June 2014 Pitman Avenue, 1432 to 1494 Pitman Opted in October 2014 University Avenue between East Crescent and Lincoln Opted in December 2014 Avenue Louisa Court Opted in March 2015 Arcadia Place Opted in July 2015 Hamilton Avenue from Center to West Crescent Opted in August 2015 2. The following streets or street segments are tentatively approved for the Crescent Park No Overnight Parking Program. Crescent Park Street or Street Segment Center Drive from Hamilton to Channing Avenue Newell Place Lincoln Avenue between University and Hamilton Southwood Drive from Hamilton to Edgewood West Crescent Dana Avenue from Ashby to Center Hamilton Avenue from West Crescent to Lincoln Ashby Drive Pitman Avenue from 1494 to Center Dana between Lincoln and Center Forest between Lincoln and Center Lincoln between Hamilton and Channing University between Lincoln and Palm Alester between Channing and Hamilton Patricia Lane Jackson Drive Hamilton between Patricia and Rhodes Edgewood between Patricia and Rhodes Status Pending Approval Pending Approval Pending Approval Petition Distributed Petition Distributed Petition Distributed No Petition Request No Petition Request No Petition Request b) Parking Restriction Hours. 1. Vehicles not displaying a valid overnight residential parking permit are prohibited from parking within the Restricted Parking Area between two a.m. and five a.m. every day of the week. All vehicles may utilize on-street parking in Crescent Park outside of this specified enforcement period. 151112 cs 0131493 3 November 12, 2015
2. City staff shall cause appropriate signs to be erected in that area, indicating prominently thereon the time limitation and period of the day for its application. 10.51.040 Inclusion of Approved Parking Areas. a) Eligibility for Inclusion. Residents of any street or street segment tentatively approved for inclusion may petition the director for inclusion into the Crescent Park No Overnight Parking Area. If the petition meets the criteria established in section 10.51.040(b) and the administrative regulations adopted by the director, parking restrictions will be implemented on that block. b) City staff shall consider for designation any proposed street or street segment in Crescent Park which satisfies the following enumerated requirements: 1. Residents submit a petition, prepared for residents by City staff and signed by at least one member of 50% of the parcels on the street. 2. Upon receipt of a completed petition, City staff shall issue a postal survey to verify participation and interest of all residents in the proposed restricted parking area. 3. At least 70% of responses to the survey received by City staff shall be in support of participation in the restricted overnight parking program. c) Following validation of majority support, City staff shall implement signs within the newly designated restricted parking area and notify residents of eligibility to purchase parking permits at City Hall. 10.51.050 Annexation of New Restricted Parking Areas. a) Eligibility for Annexation. Residents of any street or street segment adjacent to an existing restricted parking area within Crescent Park may petition the director for annexation into a contiguous Crescent Park No Overnight Parking Area. If the petition meets the criteria established in in section 10.51.050(b) and the administrative regulations adopted by the director, a resolution annexing it to the Restricted Parking Area shall be prepared by the city attorney and submitted to the city council, together with the director's recommendation on the proposed annexation. The city council may approve, deny, or modify the annexation. b) City staff shall consider for designation any proposed street or street segment in Crescent Park which satisfies the following enumerated requirements: 1. Residents submit a petition, prepared for residents by City staff and signed by at least one member of 50% of the parcels on the street. 151112 cs 0131493 4 November 12, 2015
2. Upon receipt of a completed petition, City staff shall issue a postal survey to verify participation and interest of all residents in the proposed restricted parking area. 3. At least 70% of responses to the survey received by City staff shall be in support of participation in the restricted overnight parking program. c) Following validation of majority support, City staff shall implement signs within the newly designated restricted parking area and notify residents of eligibility to purchase parking permits at City Hall. 10.51.060 Administration of Restricted Parking Area. a) Issuance and Fees. 1. No permit will be issued to any applicant until that applicant has paid all of his or her outstanding parking citations, including all civil penalties and related fees. 2. An overnight residential parking permit may be issued for a dwelling if the following requirements are met: i. The applicant demonstrates that he or she is currently a resident of the Restricted Parking Area for which the permit is to be issued. ii. The applicant demonstrates that he or she has ownership or continuing custody of the motor vehicle for which the permit is to be issued. iii. Any dwelling to be issued a permit must have a vehicle registration indicating registration within the area for which the permit is to be issued. 3. Visitor or guest parking permits may be issued for those individuals or dwellings that qualify for those permits under the resolution establishing the Restricted Parking Area. b) No Guarantee of Availability of Parking. An overnight residential parking permit shall not guarantee or reserve to the permit holder an on-street parking space within the designated residential preferential parking zone. c) Restrictions and Conditions. Each permit issued pursuant to this Section shall be subject to each and every condition and restriction set forth in this Chapter and as provided for in the resolution establishing the specific restricted parking area, as may be amended from time to time. The issuance of such permit shall not be construed to waive compliance with any other applicable parking law, regulation or ordinance. 151112 cs 0131493 5 November 12, 2015
d) Exemptions. The following vehicles are exempt from the Crescent Park Overnight Parking restrictions in this Chapter: 1. A vehicle owned or operated by a public or private utility, when used in the course of business. 2. A vehicle owned or operated by a governmental agency, when used in the course of official government business. 3. A vehicle for which an authorized emergency vehicle permit has been issued by the Commissioner of the California Highway Patrol, when used in the course of business. 4. A vehicle parked or standing while actively delivering materials or freight. 5. A vehicle displaying an authorized exemption permit issued by the City of Palo Alto. 6. A vehicle displaying a State of California or military-issued disabled person placard or license plates. 7. A vehicle parked for the purpose of attending or participating in an event taking place at a school within the Palo Alto Unified School District or another event venue within the Restricted Parking Area, provided that the vehicle is parked within two blocks of the venue, the venue has requested and received approval from the city at least fourteen days before the event date, and the venue distributes notices to all addresses within a two-block radius of the venue. The Restricted Parking Area resolution shall specify the covered venues and number of permitted events per year. 8. All vehicles are exempt from parking restrictions pursuant to this Chapter on the following holidays: January 1, July 4, Thanksgiving Day, and December 25. e) Authority of Staff. 1. The director is authorized to adopt administrative regulations that are consistent with the purposes of this Chapter. 2. The director has the discretion to grant the issuance of any additional permits to a dwelling for which the maximum residential parking permits has previously been issued. Any permit approved by the director that is in addition to the two overnight residential parking permits issued pursuant to this Chapter may be subject to additional fees and limitations as designated by the director. 151112 cs 0131493 6 November 12, 2015
3. The police department or private parking enforcement contractor as approved by the chief of police shall have the authority to enforce the administrative regulations established pursuant to this Chapter. 10.51.070 Violations and Penalties. a) It is unlawful and shall constitute a violation of this Chapter for any person to stand or park a motor vehicle, without a current overnight residential parking permit properly displayed, at a curb within a Restricted Parking Area during the time limitations established for such area. b) The following shall be unlawful: 1. For any person to falsely represent himself or herself as eligible for an overnight residential parking permit or to furnish false information in an application therefore; 2. For any person to copy, reproduce or otherwise bring into existence a facsimile or counterfeit parking permit or permits without written authorization from Revenue Collections; 3. For any person to knowingly use or display a facsimile or counterfeit parking permit in order to evade time limitations on parking applicable in a restricted parking area; 4. For any person holding a valid parking permit issued pursuant hereto to sell, give or exchange said permit to any other person; 5. For any person to knowingly commit any act which is prohibited by the terms of this Chapter or any ordinance enacted by authority granted by this Chapter. SECTION 2. Severability. If any provision, clause, sentence or paragraph of this ordinance, or the application to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are hereby declared to be severable. SECTION 3. CEQA. The City Council finds that this ordinance does not meet the definition of a project under Section 21065 of the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. // // 151112 cs 0131493 7 November 12, 2015
SECTION 4. Effective Date. This ordinance shall be effective on the thirty-first date after the date of its adoption. INTRODUCED PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: City Clerk APPROVED AS TO FORM: Senior Assistant City Attorney APPROVED: Mayor City Manager Director of Planning and Community Environment 151112 cs 0131493 8 November 12, 2015