Article II — Procedure, Requirements and Exemptions

A.

The director of public works or his/her designee shall consider for designation as a residential permit parking area, any official Alameda County residential parking permit petition available at the Alameda County public works agency located at 399 Elmhurst Street, Hayward, which meets and satisfies the following requirements:

1.

The petition shall contain a description or a map showing the proposed residential permit parking area.

2.

The proposed residential permit parking areas shall include at least six adjacent block fronts and at least eighty (80) percent of the block fronts must be residentially zoned, and at a minimum, seventy-five (75) percent of all on-street parking spaces within the proposed area must be occupied during any two onehour periods between eight a.m. and six p.m. Both sides of a roadway must be included in each area unless determined by the director of public works or his/her designee to be impractical or undesirable.

3.

The petition shall be supported by a signature, printed name, address, and date of signing of the petition by residents eighteen (18) years or older representing at least sixty-seven (67) percent of the addresses within each proposed area.

B.

Receipt of a petition representing at least sixty-seven (67) percent of the addresses within a proposed area and meeting the requirements of subsections (A)(1)—(3) of this section, will initiate the residential permit parking review process. Subsequent counter petitions received from residents within a proposed area will be reviewed, but they will in no way invalidate the initial petition requesting establishment of residential permit parking or terminate the review process.

C.

Notwithstanding the requirements of subsections (A)(1) and (2) of this section, the Director of Public Works or his/her designee may recommend establishment of a residential permit parking area in an area when:

1.

An area is not in a residential zone as defined by the California Vehicle Code and a significant daytime parking problem exists;

2.

It is impossible or impractical to establish an area with six or more adjacent block faces;

3.

Because accessibility to large apartments or condominiums is restricted, it is impossible to access a sufficient number of addresses to obtain signature representing sixty-seven (67) percent of the addresses.

However, in no case shall an area be recommended to be established as a residential permit parking area when a petition containing signatures representing less than thirty (30) percent of the addresses within the area has been submitted for review.

D.

Upon receipt by the director of public works or his/her designee of a petition as described in subsection A of this section, the director of public works or his/her designee shall:

1.

Undertake or cause to be undertaken such surveys or studies deemed necessary;

2.

Conduct a public hearing on the proposed residential permit parking area. Notice of the hearing shall be posted at least ten days prior to the hearing on all block fronts proposed to be included in the residential permit parking area. Notice of public hearing will also be advertised in a major local newspaper. Following the hearing, the director of public works or his/her designee may accept, amend or reject the proposed area in any manner, including, but not limited to, modification of boundaries of the proposed area and the restrictions imposed on such proposed area.

3.

Upon acceptance of the petition by the director of public works or his designee, the director of public works shall thereafter, cause to be drafted a resolution recommending the granting of the petition and the establishment of a residential permit parking area, including any regulations and time restrictions determined by the director of public works or his designee, to be reasonable and necessary in such area.

4.

The board of supervisors may in its discretion, adopt, deny or modify the recommended resolution submitted by the director of public works to grant the petition establishing a residential permit parking area.

However the resolution of the board of supervisors will not take effect until the director of public works has caused the installation of signs designating the area as a residential permit parking area pursuant to Section 12.30.050 of this article.

E.

The establishment of a residential permit parking area and the receipt of a permit pursuant to this chapter does not:

1.

Guarantee or reserve to the holder thereof an on-street parking space within the designated residential permit parking area;

2.

Authorize the permit parking holder to leave standing his/her vehicle for more than seventy-two (72) hours;

3.

Authorize the abridgment or alteration of regulations established by authority other than this chapter;

4.

Exempt the permit parking holder from other traffic controls and regulations existing in the designated residential permit parking area.

(Ord. 2001-44 (part))

A.

Unless otherwise exempt as provided by Section 12.30.070 below, it shall be unlawful and shall constitute a violation of this chapter for any person to stand or park a motor vehicle, without a current residential parking permit properly displayed, at a curb within a residential permit parking area for a period of time exceeding the posted restricted parking limitations within a designated residential parking permit area established by the board of supervisors pursuant to this chapter.

B.

The board of supervisors authorizes and directs the Alameda County sheriff's department to issue citations to any and all persons violating the restricted parking limitations established pursuant to this chapter and such citation shall be deemed to be a civil complaint charging violations of this title and requiring payment of the penalties set forth therein. The method of giving notice of citation for unattended vehicles shall be as specified in Section 40202 of the California Vehicle Code or any successor provision thereto. Citations for violations of restricted parking limitations established pursuant to this chapter shall be processed as civil penalties in accordance with California Vehicle Code Section 40200 et seq. or any successor provision thereto.

(Ord. 2001-44 (part))

A.

Permit stickers in a number representing at least fifty (50) percent of the addresses in a given block or fifteen (15) stickers, whichever is less, must be purchased in each block before signs will the installed designating residential permit parking in any one area and indicating prominently thereon the time limitation, period of the day for its application, and conditions under which permit parking shall be exempt therefrom.

B.

If the minimum number of permits are not purchased within ninety (90) days after board of supervisors' action establishing a residential permit area, money will be refunded and the designated area will be voided.

(Ord. 2001-44 (part))

A.

A motor vehicle on which is displayed a valid residential parking permit, as provided for herein, shall be exempt from the time restrictions established for that residential permit parking area pursuant to this program.

B.

Any vehicle, including but not limited to, a clearly marked delivery, emergency utility or service vehicle with appropriate commercial license plates, which is under the control of an individual providing service to a property located on a roadway in the permit parking area shall be exempt from the time restrictions in that residential permit parking area while actually engaged in making pickups or deliveries of goods, wares, or merchandise from or to any building or structure within the permit parking zone or rendering a service to a resident within the permit parking area. Identification of such vehicle shall be the responsibility of the driver of such vehicle.

C.

Any vehicle which is identified as used by disabled individuals meeting the requirements of Section 22511.5 of the California Vehicle Code and displaying the disabled plates or placards, shall be exempt from the time restrictions applicable within residential permit parking areas.

(Ord. 2001-44 (part))

Upon satisfaction of the requirements as provided in Section 12.30.040 hereof, the board of supervisors may, by appropriate resolution, modify an existing residential on-street permit parking area.

(Ord. 2001-44 (part))

A.

Residential Permits. The Alameda County public works agency shall be the responsible county agency for the receipt of applications for and the issuance of residential parking permits to eligible recipients of designated residential parking permit areas. Application forms for residential parking permits are available at the Alameda County public works agency located at 399 Elmhurst Street, Hayward. Permits may be issued upon the terms and conditions set forth below:

1.

A residential parking permit may be issued for each vehicle owned, leased or under the continuing custody of an applicant who provides proof of residency within the designated permit parking area and proof of vehicle ownership or continuous custody, up to a maximum of three parking permits per address. Proof of residency can consist of, but is not limited to, a driver's license, current rent receipt, or utility bill which identifies the applicant as a resident of a dwelling unit in the area. Proof of vehicle ownership or continuing custody can consist of, but is not limited to, a vehicle registration or certificate of vehicle lease agreement.

2.

A residential parking permit may, in addition, be issued for each vehicle owned, leased, or under the continuing custody of a person who owns or leases commercial property and engages in business activity and employees thereof, within the designated residential permit parking area up to a maximum a maximum of three parking permits per business address.

3.

Where it appears that the number of permits issued would exceed the number of legal on-street parking spaces, the three permit maximum referred to in subsections (A)(1) and (2) of this section, may be decreased at the discretion of the director of public works or his designee.

B.

Neighborhood-serving establishment permits: A residential parking permit may be issued for any vehicle owned, leased, or under the continuing custody of a person who is employed by or a representative of a neighborhood-serving establishment located within the designated residential permit parking area. Each employee or representative of a neighborhood-serving establishment will be allowed to obtain one permit for each vehicle they own or lease subject to the following criteria which shall be used to establish the eligibility of a neighborhood-serving establishment and the maximum number of permits to be issued:

1.

An establishment for which there is inadequate off-street parking and no financially feasible way of creating adequate off-street parking on the site of the establishment;

The total number of permits issued, under no circumstances, shall exceed the lesser of sixty (60) percent of the establishment's employees present on any given weekday or the number of unrestricted parking spaces along the establishment's frontage of the roadway designated as residential permit parking;

3.

In areas where it appears that the number of permits sold per block would exceed the number of legal onroadway parking spaces per block, the initial sale would be limited to one or possibly two permits per neighborhood-serving establishment;

4.

Distribution of permits shall be through a designated representative of the establishment who will be responsible for allocation of the permits to employees.

C.

Business Permits. A residential parking permit may be issued to a resident or an employee of a business located along a roadway that has been determined by the director of public works or his/her designee to be significantly impacted by the implementation of residential permit parking on adjacent residential roadways. The director of public works or his/her designee will determine which commercial roadways will qualify and the appropriate boundaries. Any resident or employee whose business is located on a qualifying portion of a roadway will be allowed to obtain one permit for each motor vehicle they own, lease, or have under their continuing custody up to a maximum of two permits per address. In areas where it appears that the number of permits sold would exceed the number of legal on-roadway parking spaces, the initial sale would be limited to one permit per address. Any resident or employee whose business is located on a qualifying portion of a roadway and whose address is in a building that was required by the county to provide off-street parking will not be allowed to obtain a residential parking permit.

D.

Term of Permits. Residential parking permits shall be valid for a term of one year from July 1st to June 30th, regardless of the actual date of issuance.

E.

Renewal of Permits. Renewal of residential parking permits shall be subject to the same application procedure and conditions imposed on new permits.

(Ord. 2001-44 (part))

A.

The public works agency shall issue visitor parking permits in accordance with this section. A visitor parking permit shall be of limited duration, but shall otherwise grant to the holder thereof all the rights and privileges of a residential parking permit. Visitor parking permits shall be one of three types:

One-day visitor parking permits shall, during the date indicated upon the face of said permit, exempt the vehicle displaying such permit from parking time restrictions established pursuant to this program.

2.

Fourteen (14) day visitor parking permits shall, for the period of fourteen (14) days commencing upon the date indicated upon the face of said permit, exempt the vehicle displaying such permit from parking time restrictions established pursuant to this program.

3.

One (1) year visitor parking permits shall, for the period of one year from July 1st to June 30th, exempt the vehicle displaying such permit from the parking time restrictions established pursuant to this program. No more than one 1-year visitor parking permit per address shall be issued at any one time.

B.

An eligible applicant for the one-day, 14-day, and one-year visitor parking permits shall be any person eligible to obtain a residential parking permit pursuant to criteria set forth in Section 12.30.090 of this chapter, but no more than six visitor parking permits per address shall be issued at any one time.

(Ord. 2001-44 (part))

(Ord. No. 2013-12, § 1, 3-26-13)

A.

Residential parking permits shall be affixed to the motor vehicle at the left rear bumper.

B.

Visitor permits shall either be placed on top of the dashboard of the vehicle on the driver's side or be attached to the rearview mirror with the front face of the visitor permits clearly visible through the windshield on the driver's side.

(Ord. 2001-44 (part))

(Ord. No. 2013-12, § 1, 3-26-13)

The director of public works or his/her designee shall have discretion in the implementation, and/or interpretation of this chapter.

(Ord. 2001-44 (part))