REPORT TO COUNCIL
SUBJECT
Title
Introduce an Ordinance Amending Chapter 10.26 of the Sunnyvale Municipal Code Relating to Preferential Parking on Residential Streets
Report
BACKGROUND
The City of Sunnyvale has a long-standing commitment to maintaining a high quality of life for its residents, businesses, and visitors, with particular emphasis on public safety, neighborhood character, and effective municipal services.
In January 1983, the City Council adopted an ordinance adding Chapter 10.26 to Title 10 of the Sunnyvale Municipal Code (SMC) relating to preferential parking on residential streets with the intent to enhance the quality of life in residential neighborhoods by ensuring that residents have reasonable access to convenient parking near their homes. The chapter sets forth the criteria and procedures for the designation of preferential parking zones, issuance of permits, and enforcement of parking restrictions. The City Council is authorized to designate such zones based on the findings that commuter and non-residentially oriented vehicles substantially interfere with residential parking, and that the establishment of a zone is necessary to protect neighborhood character and prevent unreasonable displacement of vehicles into adjacent areas.
The City has experienced significant growth in the forty years since the preferential parking ordinance was originally adopted. To ensure that the City continues to meet the City’s goals, staff is proposing several updates to SMC Chapter 10.26 (Preferential Parking on Residential Streets).
EXISTING POLICY
Sunnyvale Municipal Code Chapter 10.26 Preferential Parking on Residential Street.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) and that it is an organizational or administrative government activity that will not result in direct or indirect changes in the environment.
DISCUSSION
The draft ordinance amending SMC Chapter is attached (Attachment 1).
The definitions section of Chapter 10.26 have been expanded to remove the definition for “commuter and non-residentially oriented vehicles” and include a new definition for a “non-residential vehicle”, modifying the term “residentially developed parcel” to “parcel” and deleting the definition for “Residential zone designation”.
The proposed changes to Section 10.26.020 will allow establishment of residential preferential parking zones by ordinance or resolution (the current ordinance allows by ordinance only). In addition, specific requirements, such as the number of permits per parcel, will now be in the implementing ordinance or resolution in order to provide more flexibility to tailor programs to specific neighborhood needs.The ordinance or resolution will specify:
(a) That the findings set forth in section 10.26.030 have been met;
(b) The boundaries and name of the Residential Preferential Parking Zone;
(c) Hours and days of enforcement of parking regulations and other restrictions that shall be in effect for non-permit holders, such as two-hour parking limits, overnight parking limits, or "no re-parking" zones;
(d) The number of permits to be issued per parcel; and
(e) Such other matters as the city council may deem necessary and desirable.
Section 10.26.030, Findings has been modified to focus on the impact of non-residential vehicles in the residential preferential parking zone.
Section 10.26.040 has been modified to authorize the Public Works Director to adopt administrative guidelines that are consistent with Chapter 10.26.
FISCAL IMPACT
Adopting an ordinance to update Sunnyvale Municipal Code Chapter 10.26 does not have a fiscal impact.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
1. Introduce an Ordinance Amending Chapter 10.26 of the Sunnyvale Municipal Code Relating to Preferential Parking on Residential Streets.
2. Do not introduce an Ordinance and provide alternative direction to staff.
RECOMMENDATION
Recommendation
Alternative 1: Introduce an Ordinance Amending Chapter 10.26 of the Sunnyvale Municipal Code Relating to Preferential Parking on Residential Streets.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Joshua Llamas, Transportation Planner
Reviewed by: Lillian Tsang, Principal Transportation Engineer/ Planner
Reviewed by: Ramana Chinnakotla, Interim Director, Public Works
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Draft Ordinance