Daly City Municipal Code Ch. 10.40 Residential Parking Permits

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

A. "Commuter vehicle" means a motor vehicle parked in a residential area in which it is not registered with the State Department of Motor Vehicles;

B. "Lessee" means that a person pays rent or other remuneration for use of a parcel of real property at his residence or place of business;

C. "Motor vehicle" means an automobile, truck, motorcycle or other motor-driven form of transportation not in excess of six thousand pounds gross weight;

D. "Owner" means that a person has at least a one-half interest in a parcel of real property within a preferential residential permit parking area;

E. "Person" means a natural person;

F. "Preferential residential permit parking area" means a residential area designated as provided in this chapter wherein resident vehicles displaying a valid permit as described in this chapter shall be exempt from parking time restrictions established pursuant to this chapter;

G. "Resident" means one who lives in an area as his permanent place of abode, either as lessee or owner;

H. "Residential area" means a continuous area containing public streets and highways or parts thereof where residents dwell;

I. "Resident vehicle" means a motor vehicle parked in a residential area in which it is registered with the State Department of Motor Vehicles.

(Ord. 841 § 1 (part), 1977: prior code § 17-200)

No area shall be designated for preferential parking privileges unless and until there has been received by the city council a verified petition by at least one-third of the adult residents in the area, including both owners residing on the property and lessees residing on the property, in the proposed preferential residential permit parking area.

(Ord. 841 § 1 (part), 1977: prior code § 17-201)

Upon receipt of said petition, the city council shall set for public hearing the matter of whether or not to designate the proposed area as a preferential residential permit parking area and refer the petition to the planning commission for environmental review pursuant to CEQA and relevant state and local guidelines. The planning commission shall make its report within one hundred and twenty days of the receipt of the petition from the city council.

(Ord. 841 § 1 (part), 1977: prior code § 17-202)

The public hearing shall be set not less than sixty nor more than one hundred twenty days after the city council has received the report from the planning commission.

(Ord. 841 § 1 (part), 1977: prior code § 17-203)

Notice of said public hearing shall be published at least twice in The Record, a newspaper of general circulation, published in the city. One notice shall be published at least thirty days before the hearing date and one notice shall be published at least ten days before the hearing date. In addition to publication, notice shall be posted in the city hall, at all public libraries and shall be circulated generally in the affected or proposed areas by any reasonable means.

The notice shall clearly state the purpose of the hearing and the location and boundaries proposed for the preferential residential permit parking.

(Ord. 841 § 1 (part), 1977: prior code § 17-204)

At the hearing, the city engineer shall submit written report to the city council concerning such surveys or studies made by the city engineer to determine whether or not preferential residential permit parking privileges should be issued.

The director of community development shall submit a written report to the city council summarizing the planning commission's environmental review.

(Ord. 841 § 1 (part), 1977: prior code § 17-205)

At the hearing, all interested persons shall be allowed to speak. The hearing may be continued from time to time on motion of the city council.

(Ord. 841 § 1 (part), 1977: prior code § 17-206)

At the close of the hearing, the city council may either:

A. Deny the request for preferential residential parking permit privileges; or

B. Authorize said preferential residential permit parking and designate the areas within which such parking privileges may be granted, which may be the same or less than that sought in the petition.

(Ord. 841 § 1 (part), 1977: prior code § 17-207)

In all areas designated as preferential residential permit parking areas, there shall be a time restriction upon parking in the area as determined by the city council after the public hearing, as heretofore set forth.

(Ord. 841 § 1 (part), 1977: prior code § 17-208)

Prior to the time the preferential residential parking permits shall be effective, the city shall cause signs to be placed so that there will not be more than three hundred feet between signs; on block faces less than three hundred feet, only one sign need be placed.

(Ord. 841 § 1 (part), 1977: prior code § 17-209)

A. Preferential residential parking permits shall be issued by the director of finance of the city in a form to be determined by the city manager and the director of finance. Any and all applicants for preferential residential parking permits shall verify to the satisfaction of the director of finance:

1. That he is a lessee or owner of property within a preferential residential parking area;

2. That he is the owner or lessee of a motor vehicle which registration lists the address at which the owner or lessee resides and which address shall be in the preferential residential parking areas;

3. Execute any and all applications for preferential parking under penalty of perjury.

B. In the event of special circumstances requiring that a preferential residential parking permit be issued to an applicant not otherwise entitled to the permit, the applicant shall make application to the city manager for said preferential residential parking permit with complete facts setting forth the reason why preferential residential parking permit should be issued. Said application shall be under penalty of perjury.

The city manager shall, in the event of emergencies, hardship or unusual circumstances, be authorized, in his discretion, to issue said preferential residential parking permit and may, in his discretion, issue same for a limited period of time based upon the facts and circumstances of each case but, in no event for more than twelve months.

The charge for said special circumstances parking permit shall be set by resolution of the city council, but the city manager shall have the right to waive said fee when, in his discretion, it would impose a hardship on the applicant involved.

(Ord. 945 § 1, 1981; Ord. 860 § 1, 1978; Ord. 841 § 1 (part), 1977: prior code § 17-210)

There shall be a limit on the number of permits to be issued to any residential address within the preferential residential permit parking area and such limit shall be set by resolution of the city council. No more than one preferential residential parking permit shall be issued to each motor vehicle for which application is made.

(Ord. 841 § 1 (part), 1977: prior code § 17-211)

(Ord. No. 1384, § 2, 9-22-2014)

Permits shall be affixed upon a motor vehicle in accordance with specifications established by the Daly City Police Department.

(Ord. 841 § 1 (part), 1977: prior code § 17-212)

(Ord. No. 1384, § 2, 9-22-2014)

The director of finance shall design the parking permits in each preferential residential permit parking area so that there will be a difference in color, size or shape so that there will be a different permit as to each area in which preferential residential permit parking is allowed.

(Ord. 841 § 1 (part), 1977: prior code § 17-213)

Fees for residential parking permits shall be set by resolution of the city council and permits shall be issued annually.

(Ord. 841 § 1 (part), 1977: prior code § 17-214)

(Ord. No. 1384, § 2, 9-22-2014)

Permits shall terminate upon any of the following events:

A. Upon the transfer or sale of the motor vehicle which has a permit to another person;

B. When the permit holder no longer owns or leases a residence within the preferential residential permit parking area.

(Ord. 841 § 1 (part), 1977: prior code § 17-215)

In the event any person is denied a permit to park in the preferential residential permit parking area, he shall have the right to appeal same to the city manager within five days after notice, oral or written, of such denial. Notice shall be given in writing to the city manager of said appeal, who shall set a time and place for the city manager, or his designated representative, to hear the appeal. If the party's application, after the hearing, is still rejected, he shall have the right to appeal to the city council within ten days after written notification and rejection of his application by the city manager. The city council is to set the hearing not less than fourteen days nor more than thirty days from the next regular council meeting after receipt of the notice to appeal. The determination of the city council on the appeal shall be final.

(Ord. 841 § 1 (part), 1977: prior code § 17-216)

A resident vehicle on which is displayed a valid parking permit as provided for in this chapter shall be permitted to stand or be parked in the residential permit parking area for which the permit has been issued without being limited by time restrictions established pursuant to this chapter. The resident vehicle shall not be exempt from parking restrictions or prohibitions established pursuant to authority other than this chapter. All other motor vehicles parked within a residential permit parking area shall be subject to the time restrictions adopted as provided in this chapter, except commercial vehicles making pickups or deliveries of goods, wares or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling or reconstruction of any building or structure for which a building permit has previously been obtained. A residential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated residential permit parking area.

(Ord. 962 § 1, 1982: Ord. 841 § 1 (part), 1977: prior code § 17-217)

No motor vehicle shall park in an area designated as a preferential residential permit parking area without the proper permit issued by the city. Violation of this section shall be deemed to be an infraction and each person convicted of a violation shall pay a fine of ten dollars for each offense.

(Ord. 841 § 1 (part), 1977: prior code § 17-218)

No person shall use a motor vehicle with a preferential residential parking permit which has expired or terminated or is not valid for the area in which he has parked his motor vehicle. Violation of this section shall be an infraction and each person convicted of a violation shall pay a fine of twenty-five dollars.

(Ord. 841 § 1 (part), 1977: prior code § 17-219)

A. It is unlawful and a violation of this chapter for a person to falsely represent himself as eligible for a parking permit or to furnish false information in an application therefor to the director of finance or to the city manager.

B. It is unlawful and a violation of this chapter for a person holding a valid parking permit issued pursuant to this chapter to permit the use or display of such permit on a motor vehicle other than that for which the permit is issued. Such conduct shall constitute an unlawful act and violation of this chapter both by the person holding the valid parking permit and the person who so uses or displays the permit on a motor vehicle other than that for which it is issued.

C. It is unlawful and a violation of this chapter for a person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit or permits without written authorization from the director of finance. It is further unlawful and a violation of this chapter for a person to knowingly use or display a facsimile or counterfeit parking permit in order to evade time limitations on parking applicable in a preferential residential permit parking area.

(Ord. 1098 § 21, 1989; Ord. 860 § 2, 1978; Ord. 841 § 1 (part), 1977: prior code § 17-220)