HomeMy WebLinkAbout16-02 Residential Parking RestrictionsORDINANCE NO. 16-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA ADOPTING CODE AMENDMENT CO -15-07, AMENDING TITLE 10,
CHAPTER XI (STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED
ON CERTAIN STREETS), ARTICLE 3 (PARKING BY PERMIT ONLY) RELATED TO
RESIDENTIAL PARKING RESTRICTIONS
THE CITY COUNCIL OF THE CITY OF COSTA MESA FINDS AND DECLARES AS
FOLLOWS:
WHEREAS, Over the past 5 years, the requests for resident permit parking and
requests to extend existing "resident only' permit parking restrictions have increased
noticeably; and
WHEREAS, This increase can be attributed to factors such as under -parked
development, unused garages and shared housing. With the continuous addition of
eligible streets into the parking program, permit areas have grown significantly; and
WHEREAS, Vehicle parking permits are currently the same for all 20 active permit
areas. With the continuous addition of eligible streets into the Resident Permit Parking
Program, permit areas have grown significantly. If that movement continues as projected,
permit areas will soon consolidate and one type of permit will make parking accessible in
all "resident only" permit parking streets within the program, thus undermining the purpose
and effectiveness of the Program; and
WHEREAS, all legal prerequisites prior to the adoption of this ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
ORDAIN AS FOLLOWS:
Section 1: Title 10, Chapter I, Article 3 (Parking by Permit Only), sections 10-221.1,
10-221.2, 10-221.3, 10-221.4, 10-221.5, 10-221.6, 10-221.7 and 10-221.8, are hereby
amended to read as follows:
ARTICLE 3. - PARKING BY PERMIT ONLY
Sec. 10-221. - Parking of unpermitted vehicles prohibited.
When authorized signs have been posted pursuant to resolution of the city council
and are in place giving notice of restrictions, it shall be unlawful and an infraction for any
person to park any vehicle on any public street or alley so restricted, unless a parking
permit therefor has been issued by the City of Costa Mesa and is displayed on the vehicle,
as provided for in this article. This restriction shall not apply to police vehicles or other
Ordinance No. 16-02 Page 1 of 6
4. The guest parking permit will be valid until noon on the day after the date of
issuance by such resident.
Sec. 10-221.3. - Application for permit and action thereon.
(a) To obtain a residential parking permit, the applicant shall personally appear at the
Public Services Department and shall provide the following:
1. The applicant's full, true name and home address, and proof of residence;
2. The applicant's driver license; and
3. A currently valid registration for each vehicle for which a permit is sought.
(b) The transportation services manager or his designee shall grant or deny any permit
applied for pursuant to this article within ten (10) business days. Any denial shall be
in writing and shall state the reason for denial.
(c) Denial of an application pursuant to this article may be appealed to the planning
commission pursuant to the procedures set forth in Chapter IX of Title 2 of this Code.
(d) Additional permits may be obtained by a permit holder for vehicles acquired after the
issuance of an initial residential parking permit, upon surrender of the previously
issued permit and/or upon proof that the vehicle for which it was issued has been sold
or otherwise disposed of.
(e) The transportation services manager may issue more than three (3) permits to a
residence or dwelling upon a verified showing by the permit holder that there is a
need for additional permits due to complete use of all available off-street parking for
vehicles, including garage spaces, by other vehicles owned by the permit holder or
other resident of the dwelling.
Sec. 10-221.4. - Replacements.
If a valid residential parking permit is lost or destroyed, the holder thereof may obtain
a replacement permit for the same vehicle, in the same manner and for the same fee as
the original permit.
Sec. 10-221.5. - Description of permits and display thereof.
(a) The residential parking permit shall be a numbered hang -tag type placard which will
be color coded based on permit parking zone and supplied by the City of Costa Mesa.
It shall be suspended from the rear view mirror of the resident's vehicle at all times
when the vehicle is parked on a street within the permit area.
(b) Guest permits shall be of paper, bearing the date of issue, the issuer's signature and
address, and the license plate number of the permitted guest's vehicle, and shall be
displayed face up on the left front dashboard at all times when the guest's vehicle is
parked on a street within the permit -parking area.
Sec. 10-221.6. - Emergency permits.
The transportation services manager shall have discretionary power in case of
emergency to issue to any person a parking permit for a period not exceeding three (3)
Ordinance No. 16-02 Page 3 of 6
consecutive days. Such permit may be either oral or written, at the discretion of the
transportation services manager, and no fee shall be charged therefor.
Sec. 10-221.7. - Duration of permits.
(a) Residential parking permits issued pursuant to this article shall be renewed every
three (3) years, subject to the conditions and limitations set forth herein.
(b) No residential parking permit issued pursuant to this article shall be transferable from
the permit holder to any other person, nor from one vehicle to another.
(c) Any permit issued pursuant to this article shall be renewed every three (3) years and
automatically expire upon the termination of the permit holder's residence in the
designated permit -parking area.
(d) Any guest permit issued pursuant to this article shall be valid only until noon of the
day following the date of issuance.
(e) Nothing in this article, nor any permit issued pursuant hereto, shall authorize a
violation of subpart (a) or subpart (b) of section 10-185 of this Code.
(f) The city council may establish by resolution an expiration date for all outstanding
residential and guest parking permits if the city council determines that an
unacceptable number of permits are being used by nonresidents of the designated
permit -parking areas or that permits are being used in a manner inconsistent with the
purposes of this article.
Sec. 10-221.8. - Violations.
(a) Parking a vehicle in violation of this article shall be an infraction
(b) It shall be a violation of this article and an infraction for any person falsely to represent
himself or herself as eligible for a residential parking permit or to furnish false
information in an application therefor to the police department.
(c) It shall be a violation of this article and an infraction for any person holding a
residential parking permit issued pursuant to this article to allow the use or display of
such permit on a motor vehicle other than that for which the permit was issued. Any
person who so uses or displays a residential parking permit on a motor vehicle other
than that for which it was issued is likewise guilty of a violation of this article, and an
infraction.
(d) It shall be a violation of this article and an infraction for any person to copy, produce,
or otherwise bring into existence a facsimile or counterfeit parking permit. Any person
who knowingly uses or displays a facsimile or counterfeit parking permit, with intent
to evade prohibitions or limitations on parking in a designated permit -parking area, is
likewise guilty of a violation of this article, and an infraction.
(e) It shall be a violation of this article and an infraction for any person to sell to, transfer
to, or exchange a parking permit with any other person except as provided for in this
article.
Ordinance No. 16-02 Page 4 of 6
Section 4: Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance.
Section 5: Severability. If any chapter, article, section, subsection, subdivision,
sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to
any person, is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this Ordinance or its application to other persons. The City Council hereby
declares that it would have adopted this Ordinance and each chapter, article, section,
subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective
of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases,
or portions of the application thereof to any person, be declared invalid or unconstitutional.
No portion of this Ordinance shall supersede any local, state, or federal law, regulation,
or codes dealing with life safety factors.
Section 6: This Ordinance shall take effect and be in full force thirty (30) days from and
after the passage thereof, and prior to the expiration of fifteen (15) days from its passage
shall be published once in the DAILY PILOT, a newspaper of general circulation, printed
and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause
to be published a summary of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of
adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall
cause to be published the aforementioned summary and shall post in the office of the City
Clerk a certified copy of this Ordinance together with the names and member of the City
Council voting for and against the same.
PTED this 19th day of January, 2016.
Stephen M. Mensinger, Mayor
APPROVED AS TO FORM:
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Thomas Duarte, C y Attorney
Ordinance No. 16-02 Page 5 of 6
ATTEST:
Brenda Green, ity Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of the City
of Costa Mesa, hereby certify that the above foregoing Ordinance No. 16-02 as
introduced and considered section by section at a regular meeting of said City Council
held on the 5th day of January, 2016, and thereafter passed and adopted as a whole at
the regular meeting of said City Council held on the 19th day of January, 2016, by the
following roll call vote:
AYES: COUNCIL MEMBERS: FOLEY, GENTS, MONAHAN, RIGHEIMER,
MENSINGER
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this 20th day of January, 2016.
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Brenda Green, City Clerk
Ordinance No. 16-02 Page 6 of 6