Brisbane Municipal Code Ch. 10.26 Residential Parking Permit Program

Footnotes:

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Editor's note— Ord. No. 689, § 1, adopted Oct. 3, 2023, repealed the former Ch. 10.26, §§ 10.26.010—10.26.070, and enacted a new Ch. 10.26 as set out herein. The former Ch. 10.26 pertained to similar subject matter and derived from Ord. 432 § 1(part), adopted in 1998.

This chapter has been adopted for the following purposes:

A. To create a voluntary program that will enable persons residing in the city to request the establishment of residential parking restrictions within the area where they reside which are in addition to, and likely to be more restrictive than, the city's standard parking regulations for such area;

B. To provide for the issuance of a certain number of parking permits to the occupants in such designated areas, the display of which will serve to exempt their vehicles from the operation of the parking restrictions;

C. To promote a cooperative effort among persons residing in the city in dealing with a shortage of parking spaces on the streets where they reside by enabling them to recommend such parking restrictions as they determine to be appropriate for their own neighborhood;

D. To authorize the city council to impose by resolution residential parking restrictions for those streets or portions of streets and related requirements as determined appropriate and necessary to alleviate parking space shortages.

(Ord. No. 689, § 1, 10-3-23)

As used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

A. "Designated permit area" means a contiguous area of a residential zoning district, containing not less than ten (10) dwellings, upon which the city council imposes parking restrictions in response to a petition to do so submitted by persons residing in such area in accordance with this chapter.

B. "Dwelling" means a dwelling as defined in Section 17.02.235 of this Code.

C. "Motor vehicle" means automobiles as defined by California Vehicle Code § 465 and including leased motor vehicles and company owned motor vehicles used by a person residing within a designated permit area as a primary vehicle for transportation, motorcycles as defined by California Vehicle Code § 400, trucks or other motor driven vehicles not exceeding seven thousand (7,000) pounds curb weight. The following (which are not exhaustive) do not meet the definition of "motor vehicle" as defined in this subsection: commercial trucks and truck tractors, boat trailers and all commercial trailers, recreational vehicles including campers, coaches, house cars and trailer coaches, and commercial passenger vehicles such as limousines, taxis and vanpool vehicles.

D. "Non-resident vehicle" means a motor vehicle parked or left standing in a designated permit area without having displayed thereon a parking permit for such area issued the city pursuant to this chapter, regardless of whether such motor vehicle is owned or being used by a resident of the designated permit area. A motor vehicle parked or left standing in a designated permit area displaying a parking permit for a different designated permit area shall be treated as a nonresident vehicle.

E. "Parking permit" means a permit issued by the city pursuant to this chapter to an occupant within a designated permit area for display on a motor vehicle owned or used by such occupant or his or her guests which is parked or left standing within the boundaries of such area.

(Ord. No. 689, § 1, 10-3-23)

A. A motor vehicle on which is displayed a valid, unexpired parking permit shall be permitted to stand or be parked in the designated permit area for which such permit has been issued without being subject to the residential parking restrictions established for such area pursuant to this chapter.

B. All nonresident vehicles which are parked or left standing in violation of any parking restriction established pursuant to this chapter for any designated permit area shall be subject to the same fines and penalties, including towing of nonresidential vehicles, as applied for violations of restrictions pertaining to parking time limit areas other than special zones.

C. Notwithstanding subsections A and B of this section, the display of a valid, unexpired identification of the motor vehicle as being used by a disabled person meeting the requirements of Section 22511.5 of the California Vehicle Code shall be deemed a parking permit and such vehicle shall be exempt from any parking restrictions established for any designated permit area in the city.

D. Nothing contained in this chapter shall be interpreted in a manner that will affect, impair, or supersede the enforcement of any other state or local laws, ordinances, or regulations, whether pertaining to parking or otherwise, and the same shall continue to be applied with full force and effect in all designated permit areas. In the event of any conflict or inconsistency with the parking restrictions established pursuant to this chapter, such other laws, ordinances and regulations shall be controlling.

(Ord. No. 689, § 1, 10-3-23)

A. Persons desiring to create a designated permit area may submit an application to the director of public works/city engineer containing the following information:

1. A description or a map showing the proposed boundaries of the designated permit area. Both sides of the street must be included within the boundaries of any proposed area;

2. The address of each dwelling unit within the proposed designated permit area and, to the extent such information is available to the applicants, the name(s) of the adult occupant(s) of each dwelling;

3. An identification of any nonresidential properties located within the proposed designated permit area, such as churches, schools, public facilities, or commercial establishments;

4. Concurrence that on Sundays through Thursday starting at 10:00 p.m. and ending at 6:00 a.m. the next day on-street parking within a designated permit area shall be reserved for holders of city issued parking permits within that designated permit area;

5. Concurrence that each household within a designated permit area shall be issued no more than one permit to each occupant with a valid California Driver's License and a current vehicle registration that shows the vehicle registered at the address within the designated permit area; provided, however, that the number of permits per household shall not exceed the number of registered vehicles at that household address or the number of occupants with a valid California driver's license, whichever is less.

6. The application shall include the following statement:

We the undersigned are occupants of the dwellings within the proposed designated permit area described in this petition. We understand that: (i) if this area is designated, certain restrictions will be placed upon on-street parking within the area; (ii) persons residing within the area will be entitled to obtain a limited number of permits exempting their vehicle from such parking restrictions, but if a person owns a vehicle without having a permit displayed, that vehicle will be subject to the parking restrictions; (iii) parking permits will be issued for a term of one year and will need to be renewed each year; (iv) the cost of installing and maintaining the parking restriction signs and the cost of issuing the annual parking permits will be paid by the occupants; and (v) the City of Brisbane will have no obligation to collect delinquent payments.

B. The application must be signed by at least one adult occupant of not less than a majority of the dwellings located within the boundaries of the proposed designated permit area. Where dwellings are located on both sides of the street, the application must be signed by at least one adult occupant of not less than a majority of the dwellings on each side of the street.

C. The application shall be accompanied by the payment of a processing fee in such amount as established from time to time by resolution of the city council.

D. A public hearing on the application shall be conducted by the city council. Notice of the public hearing shall be mailed not less than ten (10) days prior to the scheduled date of the hearing to all persons listed in the application as being occupants of the dwelling units located within the boundaries of the proposed designated permit area and to any other persons who may not be listed in the application but are shown on the latest available assessment roll of the county as owning property located within the proposed area. Notice of the hearing shall also be posted in at least three (3) conspicuous locations within the proposed designated permit area and at such additional locations as may be necessary to post at least one notice on each separate block within the proposed area.

E. Any person who has signed the application for designation may withdraw his or her consent to the establishment of the proposed designated permit area by communicating such withdrawal verbally or in writing to the city council at any time prior to adoption of the resolution establishing the area.

F. The city council may approve, reject or modify the application in any manner the council deems appropriate, except that the boundaries of the proposed designated permit area shall not be expanded but may be reduced by excluding certain properties as long as the remaining properties are contiguous to each other. When a designated parking area has been requested by application, the city council may establish a designated permit area by resolution, which shall set forth the exact boundaries of the area, the specific parking restrictions applicable to such area, the initial cash contribution required for the cost of installing parking restriction signs, and the fees to be charged for issuance and renewal of parking permits.

(Ord. No. 689, § 1, 10-3-23)

Notwithstanding the provisions of subsection A, B, and C of Section 10.26.040, city council may by resolution impose a designated permit area, establish the applicable parking restrictions within such area, and establish the requirements as to who may obtain a permit and the number of permits issued.

(Ord. No. 689, § 1, 10-3-23)

In response to a request submitted by any person or upon its own initiative, the city council may modify the boundaries of a designated permit area or any of the parking restrictions applicable to such area, or the council may abolish the entire area or rescind any of such restrictions. No action shall be taken until a public hearing on the proposed modification has been conducted by the city council, with notice thereof given in the same manner as prescribed in this chapter for notice of the public hearing on the initial establishment of the designated permit area.

(Ord. No. 689, § 1, 10-3-23)

A. Persons residing within a designated permit area may apply to the City of Brisbane police department for parking permits, which shall be granted upon payment of the application fee and submitting documentation showing proof of residency within the designated permit area, proof of a valid California driver's license and current registration of the motor vehicle to be parked in the designated permit area, and proof of ownership or entitlement to use each motor vehicle for which a parking permit is requested. The issuance of a parking permit shall not constitute the reservation or guaranty of any on-street parking spaces for the exclusive use of the permit holder.

B. The number of permits that may be issued to the occupants of each dwelling unit located within the designated permit area shall not exceed the maximum number as may be specified in the resolution of the city council establishing the area; provided, however, that the chief of police, upon the showing of special circumstances or unavoidable hardship, shall have authority to issue a greater number of parking permits to the occupants of any dwelling unit within the designated permit area. The additional permits issued by the chief of police may be either temporary or renewable.

C. Each household within the designated permit area may apply to the city police department for a parking permit for guests or invitees of the household but in no event shall the cumulative number of days for such permit or permits exceed twenty-one (21) days annually.

D. Parking permits shall be issued for a term of one year and may be renewed for additional terms of one year upon payment of the renewal fee and the person requesting the renewal satisfying the requirements of paragraph 5 of subsection A or Section 10.26.040 or satisfying the requirements established by city council resolution if different.

E. The chief of police shall have authority to issue rules and regulations concerning the granting, renewal and display of parking permits, provided the same are consistent with the terms and provisions of this chapter.

(Ord. No. 689, § 1, 10-3-23)

The parking restrictions established for a designated permit area shall become effective and enforceable upon the posting of street signs giving notice of such restrictions to the public in the manner prescribed by the California Vehicle Code. The city engineer shall have the responsibility of installing and maintaining such signs.

(Ord. No. 689, § 1, 10-3-23)