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TC - Item 3A - Appeal of Notice of Intent to Deny Residential On-Street Disable Persons' Parking Application
EM E 1111 ROSEMEAD TRAFFIC COMMISSION err STAFF REPORT 9tfi} t oopoRATED TO: TRAFFIC COMMISSION FROM: JONATHAN WU, PUBLIC WORKS MANAGER DATE: JULY 13, 2016 SUBJECT: REQUEST FOR RESIDENTIAL ON-STREET DISABLED PERSONS' PARKING CURB MARKING AT 3312 ANGELUS AVENUE SUMMARY Under the City of Rosemead Disabled Persons' Parking Program Policy and Procedures guidelines, a Notice of Intent to Deny (NOID) was issued to an applicant resides at 3312 Angelus Avenue for the following reason: An on-street disabled persons' parking space is not intended to replace parking in the applicant's driveway or garage. The use of available off-street parking spaces shall be considered before qualifying for an on-street disabled persons' parking space. Since the issuance of the NOID, the applicant brought new information forward and the decision to deny the application was appealed. Per the above-entitled Policy and Procedures, the City waived the 30-day to appeal restriction and brings the application for the Traffic Commission's consideration. Staff Recommendation The staff had followed the Policy and Procedures in determining that the application does not meet the requirements for a blue curb marking. However, the applicant is entitled to an appeal. The staff is looking for directions from the Commission for exception to the Policy and Procedures as directed. ANALYSIS City staff received an application from a resident located at 3312 Angelus Avenue for a Residential On-street Disabled Persons' Parking curb marking (Blue Curb). Based on a field review performed by Public Services Division personnel, the application does not meet the requirements. A Notice of Intent to Deny (NOID) was issued on March 24. The applicant has since brought forward additional information after the 30-day appeal period expired. The staff, out of abundance of cautions, waived the 30-day requirement and brings the appeal before the Commission for direction. The appeal, if granted, will be an exception to the Policy and Procedures guidelines and potentially create a precedent for future applications. Traffic Commission Meeting July 13,2016 Page 2 of 2 Submitted by: IONATHAN WU, P.E. Public Works Manager Attachments: 1. Letter of NOID 2. City of Rosemead Residential On-street Disabled Persons' Parking Program Policy and Procedures APPROVED BY THE ROSEMEAD CITY COUNCIL July 22, 2008 CITY OF ROSEMEAD Residential On-Street Disabled Persons' Parking Program Policy and Procedures The City of Rosemead recognizes disabled persons' need to park in close proximity to their residence when sufficient and/or accessible off-street parking conditions are limited. Pursuant to California Vehicle Code Sections 22507 and 22511.5 et al., a limited number of on-street parking spaces may be designated by the City for the benefit of residents with an identifiable need for on-street disabled parking without significantly affecting the available curb parking in an area. INTENT • An on-street disabled persons' parking space is intended to provide close parking for a disabled resident in a high parking demand area where parking in front of their home may not be readily available. • Each on-street disabled persons' parking space displaces a general parking space, which can create an impact to the parking supply in a residential neighborhood. Therefore, the applicant must demonstrate a real need for an on-street disabled persons' parking space. • An on-street disabled persons' parking space is not intended to replace parking in the applicant's driveway or garage. The use of all available off-street parking spaces shall be considered before qualifying for an on-street disabled persons' parking space. • An on-street disabled persons' parking space is provided as a courtesy to the disabled resident living at that residence who has mobility limitations getting to and from the vehicle. POLICY • If a disabled resident/applicant demonstrates a need for an on-street disabled persons' parking space through the application process and the criteria for an on- street disabled persons' parking space are met, then the City may install the disabled persons' parking space • The City's Public Works Division approves or denies the request for an on-street disabled persons' parking space. The applicant may appeal the decision to the City's Traffic Commission with a written letter of appeal within 30 days from date of the denial letter. • An on-street disabled persons' parking space is not a private parking space. The applicant does not have exclusive use of the on-street disabled persons' parking space. Any other persons or vehicles with a valid disabled person placard or disabled license plate may park in any on-street disabled persons' parking space. APPROVED BY THE ROSEMEAD CITY COUNCIL July 22, 2008 • Existing parking or regulatory restrictions that prohibit on-street parking in front of the applicant's residence cannot be removed to accommodate a disabled persons' parking space. • The property should have an accessible path from the requested on-street disabled persons' parking space to the residence. When the passenger side of the vehicle must be used for disabled access, the sidewalk or parkway should be unobstructed or the obstruction must be removed at the cost of the applicant/homeowner prior to installation of the on-street disabled persons' parking space. • An on-street disabled persons' parking space will not be provided to accommodate a private transport service or a public transit service to load/unload a disabled resident. These types of vehicle service can use the frontage of the residence's driveway for short-term parking. • The applicant shall submit annually proof of residency and proof of disability. The City shall send via postal mail a renewal reminder. Failure to respond within 30 days from date of the reminder letter will result in the removal of the disabled persons' parking space. • The City reserves the right to remove or relocate the on-street disabled persons' parking space at any time. This includes, but is not limited to, failure to provide renewal information, relocation of resident requiring disabled parking, or changes in parking or regulatory restrictions that result in a failure to meet the criteria of this policy. PROCEDURES 1. Application — The applicant may request an on-street disabled persons' parking space by submitting an application to the City's Public Works Division. The application can be obtained at City Hall or downloaded from the City's website www.citvofro semead.o rq 2. Submit Application — The applicant completes the application. The resident mails or submits the application with proof or residency and proof of disability to: City of Rosemead Public Works Division 8838 E. Valley Boulevard Rosemead, CA 91770 3. Staff Review — The City's Public Works Division will review the application and contact the applicant to arrange for a site visit with the applicant (or representative). The following criteria will be used to determine if an on-street disabled persons' parking space is justified: A. The requested on-street disabled persons' parking space is intended for a residence on a City street and not in a commercial area or on a private street. B. The applicant lives at the address where the on-street disabled persons' parking space is requested. C. The on-street parking in the vicinity of the requested location is in high demand (such as a parking demand of 75% or greater on the street). • APPROVED BY THE ROSEMEAD CITY COUNCIL July 22, 2008 D. The applicant has supplied the requested documentation regarding proof of residency and proof of disability. E. Parking on-site is determined to be unacceptable based on: i. Lack of driveway, U. Driveway width limitation, Hi. Driveway grade limitation, iv. Garage limitation, or v. Other site specific limitation. A driveway or garage that is used for storage is not an acceptable reason to warrant an on-street disabled persons' parking space nor is an excess of vehicles (including recreational vehicles). F. A site inspection by. City staff confirms the need and the appropriate application of the on-street disabled persons' parking space. 4. Response — The CiWs Public Works Division will notify the applicant by postal mail if the request is approved or denied. • Approval —The City's Public Works Division will prepare a work order for the installation of the on-street disabled persons' parking space. • Denial — The applicant may appeal the decision to the City's Traffic Commission with a written letter of appeal within 30 days from date of the denial letter. 5. Annual Renewal — The City shall send via postal mail an annual renewal reminder. Failure to respond within 30 days from date of the reminder letter will result in the removal of the disabled persons' parking space. 6. Layout—An on-street disabled persons' parking space should be 9 feet wide and 20 feet long and identified with a blue curb and disabled persons' parking symbol inside the space. Parking "T"s may be included as determined by Public Works Staff. • Removal — The City reserves the right to remove or relocate the on-street disabled persons' parking space at any time. This includes, but is not limited to, failure to provide renewal information, relocation of resident requiring disabled parking, or changes in parking or regulatory restrictions that result in a failure to meet the criteria of this policy. APPROVED BY THE ROSEMEAD CITY COUNCIL July 22, 2008 CITY OF ROSEMEAD Neighborhood Survey and Notification of Proposed Disabled Persons' Parking Zone Page 1 of 2 NOTICE The applicant identified below has submitted a request to the City of Rosemead to install a Disabled Persons' Parking Space (blue curb) in the public right-of-way in front of his/her residence. If approved, this parking restriction will only be available to motorists in possession of a valid California Disabled Persons' Placard. This parking restriction would be enforceable at all hours. Parking a vehicle without a valid Placard displayed in a marked Disabled Persons' Parking Zone is a violation of CVC 22511.5. Applicant Name: Address: Phone#: NEIGHBORHOOD SURVEY The applicant must provide notice to all adjacent and other affected residents, of the request for restricted parking in the public right-of-way: The following information is required from each household surveyed. 1. I am: D SUPPORTIVE of D OPPOSED to the applicants request. Please notify me of any hearings/meetings regarding this matter: DYES D NO. My residence is: 0 ADJOINING 0 FACING the applicants residence. Name: Address: Phone #: Signature: D Applicant unable to obtain response. Reason: 2. I am: 0 SUPPORTIVE of 0 OPPOSED to the applicants request. Please notify me of any hearings/meetings regarding this matter: DYES D NO. My residence is: 0 ADJOINING D FACING the applicant's residence. Name: Address: Phone #: Signature: APPROVED BY THE ROSEMEAD CITY COUNCIL July 22, 2008 0 Applicant unable to obtain response. Reason: CITY OF ROSEMEAD Neighborhood Survey and Notification of Proposed Disabled Persons' Parking Zone Page 2 of 2 3. I am: 0 SUPPORTIVE of U OPPOSED to the applicant's request. Please notify me of any hearings/meetings regarding this matter: DYES 0 NO. My residence is: 0 ADJOINING 0 FACING the applicant's residence. Name: Address: Phone #: Signature: 0 Applicant unable to obtain response. Reason: 4. I am: 0 SUPPORTIVE of 0 OPPOSED to the applicant's request. Please notify me of any hearings/meetings regarding this matter: DYES 0 NO. My residence is: 0 ADJOINING 0 FACING the applicant's residence. Name: Address: Phone#: Signature: 0 Applicant unable to obtain response. Reason: Please return completed Neighborhood Survey to: City of Rosemead Public Works Division 8838 E. Valley Boulevard Rosemead, CA 91770 CITY OF ROSEMEAD Residential On-Street Disabled Persons's Parking Program Application May 2008 If a disabled resident/applicant demonstrates a need for an on-street disabled persons' parking space through the application process and the criteria for an on-street disabled persons' parking space are met, then the City may install the disabled persons' parking space. NAME AD®RESS x; AYTIME Pp1® "BLUE ettR6 LOCATIQW [ ] or Same as Above ' PROPERT QWNER [ ] Property Owner =AAPROVAL._: . .,. [ ] Yes (approval attached [ ] No Same as Above VAEID D1SAB ` CED ' Plate or Placard # Expires: PERSONS PLAC1$ D. i11 -11'ELES ]2J GtSTERE© TO` # Operating # Non-operating (Stored) PROPERTY - t ADDITIONAL COMMENTS DRIVEWAY [ ] Single [ ] Double [ ] Other GARAGE [ ] Single [ ] Double [ ] Other CARPORT [ ] Single [ ] Double [ ] Other NUl01BEROF AVAILABLE,, Driveway/Garage/Carport Available for Parking PARKING SPACES ON s; [ ] Yes [ ] No ' PROPERTY _ Explain: _ Proof of Residency (Example:Utility Bill) PLEA$ INCLUDE A COPY Disabled Persons' CA License or CA Identification OFTHE;FOLLOWING — Disabled Persons' Placard Registration Disabled Persons' Placard Note: Further documentation may be requested after review of this application is conducted. Mail completed application with proof of residency and proof of disability to: City of Rosemead, Traffic Engineering Department, 8838 E. Valley Boulevard, CA 91770 W MAYOR: M City of psemea AISANDRA PRO TE ® ./ MAYOR PRO TE6i: Pour Low yyy�{]]n f 8838 E.VALLEY BOULEVARD P.O BOX 399 COUNCIL MEMBERS: '+'1 ROSEMEAD,CALIFORNIA 91770 WILLIAM ALARCON • ' TELEPHONE(626)569-2100• MARGARET CLARK FAX(626)307-9218 STEVEN LY NOTICE OF INTENT TO DENY March 24, 2016 Mr. Robert Alcaraz 3312 Angelus Avenue Rosemead, CA 91770 SUBJECT: Notice of Intent to Deny Residential On-Street Disabled Persons' Parking Application • Dear Mr. Alcaraz: After a careful evaluation of the information you provided in your application for Residential On-street Disabled Persons' Parking, "blue curb", the City has determined that your request can not be granted for the following reason(s): • An on-street disabled persons' parking space is not intended to replace parking in the applicants driveway or garage. The use of available off-street parking spaces shall be considered before qualifying for an on-street disabled persons' parking space. A copy of the City of Rosemead Disabled Persons' Parking Program Policy and Procedures is enclosed for your reference. You have the option to appeal the decision to the City's Traffic Commission with a written letter of appeal within thirty (30) calendar days from the date of this Notice. If you have any questions, please contact me at (626) 569-2189. Sincerely, CITY OF ROSEMEAD onathan Wu, P.E. Public Works Manager Cc: City Manager, Interim Assistant City Manager Interim Director of Public Works