Corona Municipal Code Ch. 10.22 Preferential Parking Districts

For purposes of this chapter, unless otherwise apparent from the context, certain words, terms and phrases used in this chapter are defined as follows.

(A) “Adjacent dwelling unit” means a residential dwelling unit fronting upon or having direct access to a street within a current or proposed Preferential Parking District by means of a front door, entryway or driveway or any combination thereof.

(B) “Business location” means any building or portion thereof actually used for the conducting of any lawful business, trade, occupation or any other non-residential activity fronting upon or having direct access to a street within a current or proposed Preferential Parking District by means of a front door, entryway or driveway or any combination thereof.

(C) “Merchant” means an owner, or if non-owner occupied, an occupant of a business location in a proposed or current Preferential Parking District.

(D) “Guest” means any person visiting a resident in any established Permit Zone, but shall not include any person attending events scheduled by any public or private educational institution, including, but not limited to, classes, workshops, seminars and sporting events.

(E) “Preferential Parking District” means a district of certain streets or portions thereof, which are designated by the City Council as a Preferential Parking District in which Permit Zones may be established.

(F) “Permit Zone” means any portion or portions of a street, which street or portion thereof extends between at least two other cross streets or other connecting public rights-of-way used for vehicle traffic, in which a permit or permits issued pursuant to this chapter shall exempt vehicles properly displaying the permits from certain prohibitions or restrictions established by this chapter and otherwise applicable to other vehicles.

(G) “Resident” means a person who lives in an adjacent dwelling unit located in a proposed or current Preferential Parking District.

(Ord. 2548 § 1, 2001.)

(A) The City Council is empowered to establish by resolution or ordinance Preferential Parking Districts pursuant to this chapter.

(B) In order to reduce the secondary impacts of the establishment of Preferential Parking Districts, the City Council may also expand the area of any established Preferential Parking District to encompass other adjacent streets surrounding a District.

(Ord. 2548 § 1, 2001.)

(A) A Preferential Parking District may be established in any area of the city in which the City Council determines that the public health, safety and welfare so requires or calls for such establishment.

(B) A Permit Zone may be established within any Preferential Parking District designated by the City Council. In order to commence consideration of a Permit Zone, residents or merchants in the proposed Permit Zone shall provide a written petition signed by residents or merchants, or a combination thereof, representing at least two-thirds of adjacent dwelling units or business locations, or a combination thereof, in the area proposed for designation as a Permit Zone. Each dwelling unit shall be entitled to one vote and each business location shall be entitled to one vote. Petitions shall contain all of the following information:

(1) Names, addresses and telephone numbers of each resident or merchant representing each adjacent dwelling unit or business location, respectively;

(2) The name and telephone number of a spokesperson who shall represent petitioners;

(3) A statement that petitioners desire, agree and request preferential parking privileges, that a shortage of reasonably available and convenient parking for adjacent residents or business owners or both exists and that currently posted time limits are causing a hardship to petitioners; and

(4) The desired posted time limits, hours wherein a permit would be required to be displayed or other restrictions desired by the petitioners.

(C) After a complete petition has been submitted, the Public Works Department shall, in consultation with city staff, including the Police Chief or designee, and petitioners as represented by their spokesperson, study the proposed Permit Zone and determine the reasonable availability of convenient parking space. City staff in every department shall assist in providing information and other assistance as required by the Public Works Department.

(D) At least 30 days prior to the date on which the Public Works Department will determine whether to grant or deny an application for a Permit Zone, the Public Works Department shall cause notice to be provided by either:

(1) Mailing by first class mail, postage prepaid, one written notification of the application for the Permit Zone to each adjacent dwelling unit and business location and each property within 500 feet of the proposed or current Permit Zone as identified by the County Assessor’s roll or otherwise known to the Public Works Department; or

(2) Posting a notice of the hearing in a conspicuous place at least once every 200 linear feet on each street proposed to be included within the proposed or current Permit Zone and publishing a notice of the hearing in a newspaper of general circulation for three consecutive days. The notice shall indicate the proposed location of the Permit Zone and a date on which the Public Works Department will make a decision on the application. Failure of any person, including any resident or merchant, to actually receive the notice shall not invalidate any action taken pursuant to this chapter.

(E) The Public Works Director may, in consultation with the Police Department, from time to time promulgate rules and regulations consistent with the purpose and provisions of this chapter to facilitate implementation of this chapter, which rules and regulations may include, but need not be limited to, procedures for the application for and issuance and renewal of permits hereunder and adjustment of parking limitations described under § 10.22.070.

(Ord. 2548 § 1, 2001.)

(A) If a written request therefore is presented to the Public Works Department at least 15 days prior to the date on which the Public Works Department will determine whether to grant or deny an application, the Public Works Director or designee shall conduct an informal public hearing at which evidence and testimony shall be admitted and findings required by § 10.22.040(B) shall be made. Formal rules of evidence shall not apply to the hearing. At least ten days prior to the hearing on the establishment of a Permit Zone, the Public Works Department shall cause notice to be provided by either:

(1) Mailing by first class United States mail a notice of the hearing to each adjacent dwelling unit and business location and each property within 500 feet of the proposed or current Permit Zone as identified by the County Assessor’s roll or otherwise known to the Public Works Department; or

(2) Posting a notice of the hearing in a conspicuous place at least once every 200 linear feet on each street proposed to be included within the proposed or current Permit Zone and publishing a notice of the hearing in a newspaper of general circulation for three consecutive days. Failure of any person, including any resident or merchant, to actually receive such notice shall not invalidate any action taken pursuant to this chapter. In establishing Permit Zones, the Public Works Department shall establish Permit Zone boundaries so as to not to unreasonably shift the unavailability of parking to adjacent streets or neighborhoods. No Permit Zone, including a stopping or standing restriction or prohibition, shall be established without the prior concurrence of the Police Chief or designee.

(B) No Permit Zone shall be formed unless both of the following exist:

(1) At least two-thirds of adjacent dwelling units or business locations, or a combination thereof, as calculated by § 10.22.030(B) in the area proposed for designation as a Permit Zone have signed a written petition requesting such designation; and

(2) Either:

(a) At least 80% of the on-street parking spaces on the streets proposed to be included are occupied during the time requested in the application for restriction or any other given time by vehicles;

(b) The Police Chief or designee has determined that the parking, stopping or standing of vehicles or any activities accompanying the same cause a public nuisance to the residents or merchants within the proposed Permit Zone.

(Ord. 2548 § 1, 2001.)

(A) Any interested person aggrieved by the decision to grant or deny establishment of a Permit Zone by the Public Works Department may appeal the decision to the City Manager by delivering written notice of the appeal, including a short and concise description for the basis for the appeal to the City Manager’s office within 15 days of the hearing required by § 10.22.040. The City Manager shall conduct a hearing at least three days after providing written notice thereof to the appellant, which hearing shall be held in accordance with § 10.22.040(A) and at which the City Manager shall make findings based on § 10.22.040(B). The City Manager shall uphold the decision denying or granting the establishment of Permit Zones unless there is no substantial evidence to support the decision. The City Manager shall provide a written decision to the appellant within five days of the hearing by first-class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the party seeking the appeal, the Police Department and the Public Works Department.

(B) Any interested person aggrieved by the City Manager’s decision may appeal to the City Council within the time and manner provided in division (A) of this section. No appeal may be made to the City Manager, City Council or in a court of law to the extent any issues therein were not properly raised before the Public Works Department, City Manager and City Council.

(C) Judicial review of any decision of the City Council shall be had pursuant to Code of Civil Procedure § 1094.5, but only if the petition for writ of mandate is filed not later than the ninetieth day following the date on which the decision becomes final. The decision of the City Council is final for purposes of Code of Civil Procedure § 1094.6 upon the date it is mailed by first-class mail, postage prepaid, including a copy of the affidavit or certificate of mailing to the party seeking the writ. Code of Civil Procedure § 1013(a) does not apply to extend the time, following deposit in the mail of the decision or findings, within which a petition shall be filed.

(Ord. 2548 § 1, 2001.)

After exhaustion of any administrative appeal(s) or judicial action, the Public Works Department shall designate established Permit Zones by placing and maintaining appropriate signs, curb markings or other such markings indicating applicable provisions, including, without limitation, that the parking of vehicles which do not display a permit issued for such Permit Zone is prohibited, the time limit for parking of vehicles without a permit and the hours and days when the parking is prohibited.

(Ord. 2548 § 1, 2001.)

(A) The Public Works Department may establish Permit Zones with parking limitations, including the following restrictions.

(1) Time limit. During the hours and on the days designated on such signs, it shall be unlawful for the operator of any vehicle to park the vehicle on any street in a Permit Zone for more than a certain number of hours or portions thereof unless there is properly displayed in the vehicle a valid permit issued for such Permit Zone or such vehicle is otherwise exempt.

(2) Flat prohibition. During the hours and on the days designated on the signs, it shall be unlawful for the operator of any vehicle to park such vehicle on any street in a Permit Zone unless there is properly displayed in the vehicle a valid permit issued for the Permit Zone or the vehicle is otherwise exempt.

(B) On any 24 hour period, successive acts of parking, stopping or standing within a distance of 300 feet shall be deemed a single act of parking, stopping or standing within the meaning of this section, with the longest parking limitation applicable to the portion of such street or part thereof lying between the two parking places so used being applicable.

(C) When any street or portion thereof is posted as provided in this chapter and the signs or markings also give adequate notice that vehicles parked thereupon in violation of this chapter will be towed away, and the signs or markings are erected or placed upon the street at least 24 hours prior to the removal, any duly authorized personnel may remove or cause to be removed any vehicle parked, stopped or left standing upon such streets so posted.

(Ord. 2548 § 1, 2001.)

(A) Residential permits. Upon the submittal of a complete application and payment of a permit fee, the Public Works Department shall issue one preferential parking permit and one guest parking permit to each resident per adjacent dwelling unit granting preferential parking privileges. The applicant shall provide the following information: name, address, telephone number, vehicle registration and a utility bill or property tax bill evidencing place of residence. An application may be submitted by either the owner of the residential dwelling unit for which a permit is sought or the tenant of such residential dwelling unit, but in the case of applications submitted by tenants, the owner of the residential dwelling unit shall also be required to sign the application form, attesting to the fact that the tenant resides at the residential dwelling unit. Only one preferential parking permit and one guest parking permit per resident, per residential dwelling unit within any Permit Zone shall be issued.

(B) Merchant permits. Upon the submittal of a complete application and payment of a permit fee, the Public Works Department shall issue one preferential parking permit to each business location granting preferential parking privileges. In addition, the Public Works Department shall issue one guest parking permit for each employee or contractor proved to be working at such business location. The applicant shall provide the following information: name, address, telephone number, vehicle registration and a business license, utility bill or property tax bill evidencing the place of business location and evidence of current employment at the business location for employees. No more than one preferential parking permit per business location shall be granted within any Permit Zone.

(C) Parking spaces. Any permit issued pursuant to this chapter shall neither guarantee nor reserve to the holder thereof any particular on-street parking space.

(D) Replacement permit. The Director of Public Works may issue a replacement of any permit if the Director has received satisfactory evidence that the original permit being replaced has been lost or mutilated.

(Ord. 2548 § 1, 2001.)

(A) No person shall, without a valid permit, park, stop or leave standing any vehicle or trailer in a Permit Zone in excess of the parking restrictions authorized pursuant to this title and posted therein, except for otherwise lawfully located repair, service, maintenance, refuse, utility, fuel, commercial, delivery, city vehicles conducting business or emergency vehicles doing business in the Permit Zone or new vehicles for which the Department of Motor Vehicles has not issued license plates.

(B) No preferential parking permit shall be valid if not permanently affixed to the rear, driver side window of a vehicle so as to be readily visible to a person approaching the vehicle from the rear thereof or on the rear left side of any vehicle without a rear window so as to be readily visible to a person approaching the vehicle from the rear thereof. No guest parking, temporary guest parking or special temporary guest parking permit shall be deemed valid if not placed on the rear view mirror of a vehicle or otherwise displayed face-up on the dashboard of vehicles without rear view mirrors so as to be readily visible to a person approaching the vehicle from the front thereof.

(Ord. 2548 § 1, 2001.)

Prior to issuance of any permit, the applicant shall pay a fee, which fee shall cover the cost of administering the preferential parking program. The fees shall be in amounts established by resolution of the City Council after a review and recommendation by the Public Works Department to the City Council. The schedule for such fees shall remain on file in the offices of the City Clerk.

(Ord. 2548 § 1, 2001.)

(A) The Public Works Director or designee may, upon request of a resident or merchant possessing preferential parking permits, approve and issue temporary guest parking permits whenever more than two guest parking permits are required for special events. Residents or merchants seeking temporary guest parking permits must contact the Public Works Director or designee at least two business days prior to the special event. In issuing temporary guest parking permits, the Public Works Director or designee shall ensure that the public health, safety, welfare and parking needs of adjacent dwelling units are not adversely affected.

(B) The Public Works Director or designee shall also have the sole discretion to issue additional special temporary guest parking permits to residents or merchants for use by needed health care providers. A resident or merchant requesting the permit shall submit a verified statement under penalty of perjury to the Public Works Director or designee indicating the medical necessity of the special temporary guest parking permit(s) and the approximate period of time for which the permit(s) would be needed. Other supporting materials may be requested to substantiate the need for special temporary guest parking permits.

(C) In addition to the remedies provided herein, any permit may be revoked by the Public Works Director or designee upon a five-day written notice sent by United States first class mail, postage prepaid, where it is determined that the permittee, guest or both have violated any requirement established herein by this chapter.

(Ord. 2548 § 1, 2001.)

(A) The City Council is empowered to terminate or alter a Preferential Parking District by resolution upon finding that the public health, safety and welfare requires or calls for such termination or alteration.

(B) The Public Works Department, in consultation with the Police Department, may terminate or alter a Permit Zone or the parking regulations thereof upon finding that the public health, safety and welfare requires or calls for such termination or alteration.

(C) Residents or merchants, or a combination thereof, may also request termination or alteration of a Permit Zone by submitting a petition containing signatures of residents or merchants, or any combination thereof, representing at least two-thirds of the adjacent dwelling units or business locations, or combination thereof, as calculated pursuant to § 10.22.030(B), the reason for requesting termination or alteration, the name, address and telephone number of each person representing each dwelling unit or business location and the name and telephone number of a spokesperson who shall represent petitioners. Proceedings to terminate or amend the area of any established Permit Zone shall otherwise comply with the notice and, as applicable, hearing, findings and appeal requirements of this chapter; provided however, that the findings required to be made shall be limited to a finding of whether or not circumstances have changed such that the public health, welfare and safety no longer require the Permit Zone in its current form.

(Ord. 2548 § 1, 2001.)

Each of the following violations shall constitute an unlawful act:

(A) Parking on a street designated within a Permit Zone in violation of the identified restrictions thereon without properly displaying a valid permit for that portion of the Permit Zone;

(B) Copying, producing, creating or displaying a facsimile or a counterfeit preferential parking permit;

(C) Falsely representing one’s self as eligible for a parking permit or willfully furnishing false information in an application therefor;

(D) Using a revoked permit;

(E) Using any permit by a non-eligible vehicle or person;

(F) Selling, renting, leasing or transferring to another any permit.

(Ord. 2548 § 1, 2001.)

Any permit issued pursuant to this chapter shall not exempt the vehicle from any other parking restrictions, regulations or laws.

(Ord. 2548 § 1, 2001.)