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HomeMy WebLinkAboutCC Ord 1726 2026-06-22 ORDINANCE 1726 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CERTAIN SECTIONS OF CHAPTER 8.15 (STOPPING, STANDING AND PARKING) OF THE SEAL BEACH MUNICIPAL CODE TO MODERNIZE PAID PARKING PROVISIONS, ESTABLISH A RESIDENTIAL PARKING PERMIT PROGRAM FRAMEWORK, CLARIFY CURB-USE REGULATIONS INCLUDING DAYLIGHTING NEAR CROSSWALKS, AND MAKE OTHER TECHNICAL REVISIONS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Section 8.15.010 (No Parking Areas) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: "§ 8.15.010. No Parking Areas. General. It shall be unlawful for the driver of a vehicle to stop, park, or leave standing such vehicle, whether attended or unattended, in any of the following locations, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer, traffic officer, or traffic sign or signal: 1. In an intersection; 2. In a crosswalk; 3. Within twenty (20) feet of any marked or unmarked crosswalk (known as the "daylighting" rule), including curb extensions (bulb-outs), which are sidewalk extensions designed to improve crosswalk visibility and eliminate parking within the daylighting setback; 4. Within a divisional island, unless authorized by signage or markings; 5. In such no parking or restricted parking areas as designated by the city; 6. In such no parking or restricted parking areas as may be defined, designated or established by city council resolution; 7. In violation of any provision of this code or applicable state law; 8. On a sidewalk; 9. On any portion of the area extending from a roadway edge of the curb (or from the highest point of a rolled curb) to the sidewalk; 10.In any area where stopping, standing or parking of vehicles is prohibited as indicated by signs or by red paint upon the curb surface; 1 11. In any area where the stopping, standing or parking of the vehicle would block the entrance to a garage or driveway. This provision shall not apply if the owner or occupant thereof has granted permission; and 12. In the Surfside Colony in any area between the white lines where stopping, standing or parking of the vehicle would constitute a hazard." Section 2. Section 8.15.070 (Curb Markings) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: "§ 8.15.070. Curb Markings. The traffic engineer or designee shall utilize the following curb markings to indicate parking regulations: A. Red: no stopping, standing or parking at any time except as permitted by the Vehicle Code or this Code, and except that a bus may stop in a red zone that is signed or marked as a bus zone. B. Yellow: no stopping, standing or parking during hours designated by signage for any purpose other than loading or unloading of passengers or materials. The period of active passenger loading and unloading shall not exceed 3 minutes, and the period of materials loading and unloading shall not exceed 20 minutes. C. White: no stopping, standing during posted hours for any purpose other than loading or unloading of passengers, or depositing mail in an adjacent mailbox, for a period of time not exceeding 3 minutes. When the zone is in front of a theater, the restrictions shall apply only when the theater is open. When the zone is established at a taxicab stand, taxicabs, rideshare vehicles and automobiles for hire may remain in the zone for 20 minutes. D. Green: no stopping, standing or parking between hours and on days designated by City Council resolution for a period longer than the time indicated on the curb unless otherwise indicated by signs or curb markings. E. Blue: no stopping, standing or parking by any vehicle except vehicles operated by disabled persons that display either a special license plate or a distinguishing placard issued pursuant to state law. F. A licensed driver shall be present in or immediately adjacent to any vehicle stopped for the purpose of active loading or unloading passengers or materials." 2 Section 3. The definition of "Oversize Vehicle" in Section 8.15.085 (Parking of Oversize Vehicles) of the Seal Beach Municipal Code is hereby amended to read as follows: "Oversize Vehicle: a vehicle or combination of vehicles that exceeds 20 feet in length or 90 inches in width or 90 inches in height exclusive of projecting lights or devices as allowed by Vehicle Code Sections 35109 and 35110. "Oversize vehicle" does not include a sedan or limousine manufactured expressly for carrying 10 or fewer passengers." Section 4. Section 8.15.105 (Parking Meter and Zones) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: "§ 8.15.105. Paid Parking Zones. A. Paid parking zones are hereby established at the off-street municipal parking lots along Main Street, Ocean Avenue, First Street, and Electric Avenue. The City Manager or the designee thereof shall cause paid parking devices to be installed and maintained in all paid parking zones. Paid parking devices include any device used to accept payment for parking, including parking meters, pay stations, web applications, mobile devices, associated signage, and other methods approved by the Police Department. B. The payment to be deposited in paid parking devices, or by other approved methods of payment, the parking time allowed following deposit of payment, the hours during which such deposits are required, and the days of the week and the weeks of the year during which such deposits are required for paid parking in all zones shall be prescribed by city council resolution. C. Paid parking devices in paid parking zones shall be operated according to the posted signs. The paid parking device fees for paid parking zones shall be prescribed by city council resolution. D. No person shall do any of the following: 1. Fail to deposit the paid parking device fee immediately after parking a vehicle in a paid parking zone and for the entire time that person has a vehicle parked in the paid parking zone during the paid parking hours of operation. 2. Deposit in a paid parking device a defaced coin, slug, or other counterfeit currency. 3. Deface, injure, or tamper with a paid parking device. 4. Attach a bicycle, newsrack, fabric, handbill, flier, sticker, note, or other article to a paid parking device. 3 5. Allow a vehicle owned or operated by such person to remain parked at a paid parking space beyond the expired time. 6. Park a vehicle across a line or marking designating a paid parking space. 7. Park a vehicle that does not conform to the maximum vehicle length limit applicable to the lot. 8. Allow a vehicle parked by such person to remain in a paid parking space after receipt of a citation for failure to pay the paid parking fee. A violation of this provision shall occur after passage, from the issuance of the citation, of the parking time limit of the lot. 9. Purchase time for paid parking using any method of payment for the purpose of increasing or extending the parking time of any vehicle beyond the legal parking time which has been established for the parking space or zone adjacent to which said paid parking device is placed. E. The parking of a vehicle at a paid parking space beyond the expired payment time shall constitute prima facie evidence that the vehicle has been parked in such space longer than permitted by this section. F. Mechanical failure of a paid parking device shall be a defense to a citation for failure to pay the paid parking fee, provided that the person cited is not responsible for such failure." Section 5. Section 8.15.110 (Parking Permits) of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: "§ 8.15.110. Parking Permits. A. The City Manager or designee shall be authorized and directed to issue, upon written applications, parking permits. Each such permit shall be designated by city council resolution to reflect the particular parking permit parking district as well as the license plate number of the motor vehicle for which it is issued. Consistent with this chapter, the City Manager or designee is authorized to issue such written rules and regulations as he or she deems necessary or appropriate to govern the process and terms for the issuance of parking permits. Rules and regulations shall be available for public review at City Hall and at the Police Department during normal business hours. This section is subject to the following restrictions by neighborhood: 1. Old Town 4 a. On Main Street, Ocean Avenue from Eighth Street to Tenth Street, and Central Avenue from Eighth Street to Tenth Street, residential parking permits may allow 2-hour parking. b. In the municipal parking lots on Main Street, residential parking permits may allow parking between the hours of 12:00 a.m. and 6:00 a.m. c. In the Eighth Street city employee parking lot south of Central Avenue, residential parking permits may allow parking between the hours of 12:00 a.m. and 6:00 a.m. d. In the library lot, parking permits may allow residential parking between the hours of 12:00 a.m. and 6:00 a.m. B. Parking permits may be issued in the following categories: 1. Residential Parking Permit. Any city resident living within an approved residential parking permit area may purchase a residential parking permit. Applicants shall submit their name, address, proof of residence and the make, model and license number of each vehicle. Permits shall be validated as directed by the city. 2. Guest Parking Permit. Any city resident living within an approved residential parking permit area may purchase guest parking permits. Applicants shall submit their name, address and proof of residence. Permits shall be validated as designated by the city. Permits shall be valid within timeframes designated by the city. 3. Merchant/Employee Parking Permit. Any merchant or employee working within the Old Town area may purchase a merchant/employee parking permit. Applicants shall submit their name, business address, proof of employment and the make, model and license number of the vehicle. Permits shall be displayed or validated as directed by the city. This permit shall be valid for parking on certain streets or parking lots as designated by the city. 4. Contractor Parking Permit. Any contractor conducting business within the city may purchase a contractor parking permit. Contractors must possess an active city contractor business license to qualify for purchase. Permits shall be valid within timeframes designated by the city. C. Parking Permit Exemptions. 1 . A motor vehicle that has been assigned a valid parking permit as provided for herein shall be permitted to stand or be parked in a permit parking area 5 for which the permit has been issued without being limited by time restrictions established pursuant to this article or any resolution hereunder; provided, however, that such vehicle remains subject to the 72-hour parking limitation and any other applicable restrictions imposed by this Code or the Vehicle Code. Any vehicle that has not been issued a valid parking permit shall be subject to the permit parking and other posted regulations and consequent penalties in effect for such area. 2. A parking permit or any other permit as designated by city council shall not guarantee or reserve to the holder thereof any parking space within the residential permit parking area for which the permit was issued. 3. Residential permit parking restrictions shall not apply to police vehicles, authorized emergency vehicles, or city-owned vehicles when used for official business. D. Designation Criteria For Residential Parking Permit Areas. 1. Designation of residential permit parking areas will be limited to areas with a recommended minimum street-frontage of approximately 2,000 feet that experience impacts from external parking demand which include factors such as commercial areas, recreational areas, schools and neighboring cities. The following shall be the process by which the City Council can consider any such area for designation as a residential permit parking area: a. Initiation by Residents: The City Council shall consider for designation as a residential permit parking area any such proposed area for which a petition has been submitted that meets and satisfies the following requirements and any administrative guidelines adopted by the City Council: i. A petition signed by a majority (51% or greater) of dwelling units within the proposed area is required. ii. Only one signature per dwelling unit will be considered for a petition. iii. For petitions involving rental complexes, the residents, property managers, and property owners may participate in the petition survey. iv. If the units in a multifamily property are individually owned, each owner would be included in the petitioning process. If a unit is owned by more than one owner, only one signature for that unit is allowed. 6 v. Upon receipt of a valid resident's petition for a residential permit parking area as described above, the City Manager or designee shall do the following: 1. Provide a notice of intent to establish residential permit parking restrictions shall be sent to all dwelling units within the proposed residential permit parking area; 2. Conduct or cause to be conducted a parking occupancy survey to determine the utilization of on-street parking, by which a 70% parking occupancy threshold of all available on-street parking and visible off-street parking is required for further consideration; 3. Refer the matter to the Planning Commission for review; and 4. Present to the City Council for final action, a resolution that would establish a residential permit parking area in accordance with requirements of this article, including all regulations and time restrictions determined by the City Council to be reasonable and necessary for such area. 5. Once City Council has taken final action on such a resolution to establish a residential permit parking area, no further changes or requests for changes in resident permit parking restrictions for this area will be considered for a minimum period of one year. 6. The City Manager or designee may restrict all or certain portions of City-owned property other than streets, alleys or highways as residential permit parking only; when authorized signs have been posted giving notice of such residential permit parking restrictions. It is unlawful and an infraction for any person to park or leave standing a vehicle within such area during the times and days when such parking is prohibited, other than a vehicle that has been issued a valid residential parking permit or exempted pursuant to Section 8.15.110 C of this article. 7 b. The City Council may establish or modify, by resolution, a designated residential permit parking area in any manner consistent with this article and Vehicle Code Section 22507. 2. Initiation by City Council: Nothing in this section shall be construed to limit the authority of the City Council to establish a permit parking district in the absence of a resident's petition in accordance with Vehicle Code Section 22507. E. Designation Criteria For Merchant/Employee Parking Permit Areas. 1 . Merchant permits are issued on an annual basis from July 1st through June 30th of each year. 2. Only businesses with an active business license may purchase merchant permits. 3. Only employees with proof of current employment at a business with an active business license may purchase employee permits. 4. Merchant/Employee permits are non-transferable. F. Designation Criteria for Contractor Permits. 1. Contractor permits are for contractors doing business in the City and are valid for 12 months from the date of purchase. 2. Contractors must have an active Contractor Business License (SBMC 5.10.115) to qualify for purchase of these permits and they are only valid from 7:00 am to 5:00 pm, Monday through Friday. 3. No extensions or fee reductions will be implemented related to contractor permits. G. Issuance and Duration of Residential Permits. 1. Residential parking permits shall be issued by the Police Department in accordance with the requirements set forth in this article and shall be valid only in the residential permit parking area for which it is issued. 2. Residential parking permits shall be issued with a term not to exceed one year, unless earlier revoked or terminated, provided however that a permit shall automatically terminate when the permit holder ceases to reside in the designated residential permit parking zone. 8 8 3. 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. H. Residential Permit Policies. 1. A residential parking permit may be issued only to an eligible driver who can demonstrate that they currently reside at an eligible dwelling unit within the residential permit parking area for which the permit is to be issued. 2. To be issued a residential parking permit, each eligible driver shall provide the following information: a. The applicant's full, true name and home address, and proof of residence; b. The applicant's driver's license' c. A valid and current vehicle registration and license plate number of the vehicle for which a permit is being requested; d. The applicable fee; and e. Such other information as required by the Police Department. 3. A temporary residential parking permit shall be issued to an eligible driver for a rented or borrowed registered vehicle where the eligible driver, residing in a residential permit parking zone, demonstrates their own vehicle is unavailable for that driver's use for a temporary period. Such permits will expire upon the return to use of the originally permitted vehicle or its replacement. 4. The City Council may, by resolution, limit the number of permits issued to any resident, dwelling unit, or residential permit parking area if such limitation would further the goals of the residential permit parking program. 5. Residential parking permits will not be issued to non-motorized vehicles (i.e., trailers) or to commercial vehicles that are registered at business addresses. For the purposes of this article, a "commercial vehicle" shall have the same meaning as that term is defined in Section 260 of the California Vehicle Code. I. Guest Parking Permits. 1. The City Council may, by resolution, authorize the issuance of temporary guest parking permits in any residential permit parking area. When 9 authorized, a resident within a residential permit parking area may apply for temporary parking permits for use by their guests in the residential permit parking area where the resident resides. 2. Guest permits may be issued under the following conditions: a. The resident applicant for a guest parking permit has not reached the limits, if any, set by the City Council. b. Such other conditions and restrictions that the City Council by resolution imposes or that the City Manager, or designee, deems appropriate. 3. Use of guest parking permits shall comply with residential permit parking regulations established pursuant to this article to be valid within the residential permit parking area for which it was assigned. 4. Intentional or repeated misuse of guest parking permits by a resident or their guests may be cause for revocation of the resident's guest parking permit privileges. 5. A guest parking permit shall be valid for a prescribed period of time, commencing upon the date authorized, and shall exempt the applicable vehicle from parking time restrictions established pursuant to this article. J. Establishment of Residential Parking Permit Area. Upon adoption by the City Council of a resolution designating a residential permit parking area, street parking in the area shall be limited for a period as determined by the City Manager or designee, with input from the area residents and as may be specifically posted; provided, however, that parking shall be allowed by vehicles for which a residential or visitor's parking permit has been obtained in accordance with requirements of the ordinance unless otherwise designated. K. Posting of Residential Permit Parking Area. Upon adoption by the City Council of a resolution designating a residential permit parking area and after at least 51% of the households have purchased permits, the City Manager or designee, shall cause appropriate signs to be erected in the area, indicating prominently thereon the area prohibition or time limitation, period of its application, and conditions under which permit parking shall be exempt therefrom. L. Parking permit fees shall be set by City Council resolution. 10 M. Penalties, Liability, and Enforcement. The following acts shall constitute fraudulent use of a permit, punishable by a fine to be prescribed by City Council resolution and/or revocation of any permit currently held. Violations of this article shall include, but are not limited to, the following: 1. For any person to falsely represent himself or herself as eligible for a residential parking permit or to furnish false information in an application therefor; 2. For any person holding a valid parking permit issued pursuant hereto to sell, give, or exchange said permit to any other person; or 3. Knowingly committing any act that is prohibited by the terms of this article or any ordinance or resolution enacted by authority granted by this article. N. Revocation of Residential Permit Parking Area. 1. A residential permit parking area may be revoked by resolution of the City Council after following the same procedures for establishing a residential permit parking area as set forth in section D. 2. If 60% of the households in a residential parking area fail to purchase permits after being duly noticed, the City Manager or designee may revoke the residential permit parking area upon notice to the residents without further action of the City Council." Section 6. Existing Enforcement. The adoption of this Ordinance shall not be construed to interfere with or affect enforcement of violations of the Seal Beach Municipal Code occurring prior to the adoption of this ordinance. Section 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance 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 portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 8. Certification. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Section 9. Effective Date. This Ordinance shall take effect thirty (30) days after passage. 11 INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 8th day of June 2026. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on this 22nd day of June 2026 by the following vote: AYES: Council Members Kalmick, Wonq, Senecal, Steele, Landau NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members 4, LZ �I Lisa La au, or A EST: ;-��_��GORPOggl Pi) Gloria D. Ha pe , City Clerk Cp' t�= APPROVED AS TO FORM: Nic olas Ghirelli, City Attorney 12 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance 1726 was introduced for first reading at a regular meeting held on the 13th day of April 2026, and was passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of June 2026 and do hereby further certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836. loria D. Harper, City Clerk 13