Chapter 10.45 — INTERIM MIXED USE PERMIT PARKING PROGRAM FOR THE JACK LONDON DISTRICT

The ordinance codified in this chapter is enacted in response to a severe, temporary problem within the Jack London District caused by the long term parking of motor vehicles on the streets of this District. Due to historic development patterns such as lot line to lot line warehouses and the designated historic importance of the district, many properties do not have off-street parking. As set forth in Section 10.44.020, such long term parking by people outside of the immediate area threatens the health, safety and welfare of the residents, employees and visitors to the Jack London District. This problem is exacerbated by the pending construction of a large parking structure on the land now occupied by the Amtrak surface parking lot, thereby further decreasing the overall amount of parking available to Amtrak users during the course of the construction. It is therefore temporarily necessary to manage the existing on-street parking supply more effectively through the establishment of two and four hour time restricted parking and at the same time establishing a mixed use permit parking system so that residents, employees and visitors to the District will be provided an opportunity to park near their residence, place of business or other commercial establishment. For the reasons set forth in this chapter, an interim system of mixed use permit parking shall not be applicable to any other area in the City until and unless another ordinance is enacted allowing such a system City-wide.

(Ord. 12847 § 1 (part), 2007)

A.

Findings. The City Council finds, as a result of evidence and public testimony generated by staff and the Jack London District Association that the continued viability of the Jack London District depends on the preservation of safe, healthy and attractive neighborhoods and commercial areas. The City Council further finds that one factor that has detracted from the safety, health and attractiveness of the Jack London District is the excessive and burdensome practice of non-residents to the Jack London District parking motor vehicles for extended periods of time therein on the streets within the District. Since at any one time a large surplus of motor vehicles over the available on and off street parking spaces exists in the Jack London District due to construction activities, changes in development patterns and the impending temporary loss of the Amtrak surface lot, this condition temporarily detracts from a healthy and vital urban community. An interim system of mixed use permit parking will serve to reduce the number of non- residents parking in the Jack London District and thus promote the general public welfare. The system of interim mixed use parking, as enacted by the ordinance codified in this chapter, will serve to promote the safety and health of the residents, employees, business owners and visitors to the Jack London District by reducing vehicle travel, noise and pollution; promoting improvements in air quality, the convenience and attractiveness of urban residential living, and the increased use of mass transit facilities available now and in the future.

(Ord. 12847 § 1 (part), 2007)

All definitions as used in this chapter shall reference the definitions used in Chapter 10.44.020 with the following additions:

A.

"Jack London District designated mixed use permit parking area" means any street upon which the City Council imposes parking limitations pursuant to the authority granted by this chapter within the Jack London District.

B.

"Employee of business" means an employee of an enterprise or establishment used for the purpose of conducting a business located in the designated Jack London District designated mixed use permit parking area.

(Ord. 12847 § 1 (part), 2007)

A.

A motor vehicle on which is displayed a valid Jack London District designated mixed use parking permit, as provided for herein, shall be permitted to stand or be parked within the Jack London mixed use parking permit area for which the permit has been issued without being limited by time restrictions established pursuant to this chapter. Any motor vehicle which does not display such permit shall be subject to the Jack London District designated mixed use parking permit regulation and consequent penalties in effect for such area.

B.

A Jack London District designated mixed use parking permit shall not guarantee or reserve the holder thereof an on-street parking space within the Jack London District designated mixed use parking permit area.

C.

This chapter shall not be interpreted or applied in a manner which shall abridge or alter regulations established by authority other than this chapter.

D.

This chapter shall not exempt the permit parking holder to leave standing his or her vehicle for more than seventy-two (72) hours.

(Ord. 12847 § 1 (part), 2007)

A.

This chapter hereby designates the Jack London District designated mixed use permit parking area, as referenced in Exhibit A, dated March 16, 2007, of Ordinance 12864, for a period not to exceed three years from the effective date of this chapter. The effective date of this chapter shall be defined as either the date of program implementation or not later than one hundred and twenty (120) days after adoption, whichever occurs first.

B.

Jack London Permit Parking Area Amended by Ordinance 12888. The Jack London Permit Parking Program Area boundaries established by Ordinance No. 12864, adopted March 4, 2008, are hereby amended to revise the program area boundaries as indicated in Exhibit B (revised map) attached hereto, as follows:

Extend the southern boundary of the permit parking area south approximately two blocks from Embarcadero West, to the edge of the estuary, between Oak Street and Washington Street only, extending the eastern boundary in a straight line down Oak Street to the water; and

Extend the northern boundary of the permit parking area north one block from Fourth Street, between Washington Street and Broadway only, to include the southern side of Fifth Street only.

The streets or portions of streets where signs will be posted limiting parking to four hours from Monday to Friday, 8:00 a.m. to 6:00 p.m., with exemption to the four-hour limit given to vehicles displaying a Jack London District Mixed Used Parking Permit, are:

STREET FROM TO ON

Fourth Street Castro Street Martin Luther King Jr. Both sides of street Way

Fourth Street Martin Luther King Jr. Jefferson Street North side of street Way

Fourth Street Jefferson Street Clay Street Both sides of street

Fourth Street Alice Street Jackson Street South side of street

Fourth Street Jackson Street Oak Street Both sides of street

Third Street Brush Street Martin Luther King Jr. South side of street Way

Third Street Jefferson Street Clay Street South side of street

Third Street Clay Street Washington Street Both sides of street

Third Street Franklin Street Alice Street Both sides of street

Third Street Alice Street Madison Street South side of street

Third Street Madison Street Oak Street North side of street

Second Street Brush Street Martin Luther King Jr. Both sides of street Way

Second Street Martin Luther King Jr. Jefferson Street South side of street Way

Second Street Clay Street Washington Street Both sides of street

Second Street Franklin Street Harrison Street Both sides of street

Second Street Harrison Street Alice Street North side of street

Second Street Alice Street Oak Street Both sides of street

Brush Street Third Street Embarcadero East side of street

Castro Street Fifth Street Third Street East side of street

Castro Street Third Street Second Street Both sides of street

Martin Luther King Jr. Fifth Street Fourth Street Both sides of street Way

Martin Luther King Jr. Fourth Street Second Street West side of street Way

Martin Luther King Jr. Second Street Embarcadero Both sides of street Way

Jefferson Street Fourth Street Third Street East side of street

Jefferson Street Third Street Second Street West side of street

Jefferson Street Second Street Embarcadero Both sides of street

Clay Street Fourth Street Third Street West side of street

Webster Street Fourth Street Third Street Both sides of street

Harrison Street Fourth Street Second Street Both sides of street

Alice Street Fourth Street Second Street Both sides of street

Jackson Street Fourth Street Third Street West side of street

Jackson Street Third Street Embarcadero Both sides of street

Madison Street Fourth Street Third Street West side of street

Madison Street Third Street Embarcadero Both sides of street

Oak Street Fourth Street Third Street West side of street

Oak Street Second Street Embarcadero West side of street

The streets or portions of streets where signs will be posted limiting parking to four hours from Monday to Friday, 8:00 a.m. to 6:00 p.m., with NO exemption to the four-hour limit given to vehicles displaying a Jack London District Mixed Used Parking Permit, are:

STREET FROM TO ON

Fourth Street Webster Street Alice Street Both sides of street

(Ord. 12891 § 2 (Exhibit B), 2008; Ord. 12888 § 2 (Exhibit B), 2008; Ord. 12864 §§ 1, 2, 2008: Ord. 12847 § 1 (part), 2007)

area.

The City Council may, by resolution, modify the existing boundaries of the Jack London District mixed use permit parking area based upon documentation from the Traffic Engineering Services Division, the Jack

London District Association or other party that it is in the public interest to modify the boundary during the three year period of operation of the Jack London mixed use parking permit program.

(Ord. 12847 § 1 (part), 2007)

A.

Jack London District mixed use parking permits shall be issued by the Finance and Management Agency in accordance with requirements set forth in this chapter. Each such permit shall be designed to state or reflect thereon identification of the Jack London District mixed use parking permit area as well as the license number of the motor vehicle for which it is issued. No more than one Jack London District mixed use parking permit shall be issued to each motor vehicle owned or leased for which application is made.

B.

The Finance and Management Agency shall issue Jack London District mixed use parking permits with a term of one year from the date the Jack London District designated mixed use parking permit area becomes effective.

C.

One Jack London District mixed use parking permit may be issued for each vehicle owned, leased or under the continuing custody of any person who can demonstrate that they are currently a resident, employee, business owner or a representative of a neighborhood serving establishment located within the Jack London District designated mixed use parking permit area.

D.

Renewal of Jack London District mixed use parking permits shall be subject to the same conditions imposed on new permits.

E.

The Finance and Management Agency is authorized to issue such rules and regulations, not inconsistent with this chapter, governing issuance and display of Jack London District mixed use parking permits.

F.

Any person to whom a Jack London District mixed use parking permit has been issued pursuant to this chapter shall be deemed to be a Jack London District mixed use parking permit holder.

(Ord. 12847 § 1 (part), 2007)

The Finance and Management Agency shall issue visitor parking permits for the Jack London District designated mixed use parking permit area in accordance with chapter 10.44.080 of the Oakland Municipal Code.

(Ord. 12847 § 1 (part), 2007)

Initial purchase, renewal, or replacement of lost, stolen or damaged Jack London mixed use parking permits shall be subject to the fees set forth in the City of Oakland master fee schedule. The fee for each visitor parking permit shall be as set forth in the City of Oakland master fee schedule.

(Ord. 12847 § 1 (part), 2007)

Upon adoption of this chapter, the Director of Public Works shall cause appropriate signs to be erected in the Jack London District designated mixed use parking permit area, indicating prominently thereon the time limitation, period of day for its application, and conditions under which permit parking shall be exempt therefrom.

(Ord. 12847 § 1 (part), 2007)

The revocation provision set forth in Chapter 10.44.110 shall apply to the Jack London District mixed use parking permit program.

(Ord. 12847 § 1 (part), 2007)

The violations and penalty provision set forth in Chapter 10.44.120 shall apply to the Jack London District mixed use parking permit program.

(Ord. 12847 § 1 (part), 2007)

The Community and Economic Development Agency Director or his or her designee shall have the discretion in the implementation and interpretation of this chapter.

(Ord. 12847 § 1 (part), 2007)

This chapter shall terminate and become null and void three years after it becomes effective. The effective date of the chapter shall be defined as either the date of program implementation or not later than one hundred and twenty (120) days after adoption, whichever occurs first.

(Ord. 12847 § 1 (part), 2007)

The three-year time limit, which expires at the end of June 2011, is hereby extended until such time when a comprehensive parking study that recommends parking strategies for the Jack London District is completed and implemented. The extension shall be at least one year in duration and shall not expire before the end of June 2012.

(Ord. No. 13069, § 1, 6-21-2011)