Dana Point Municipal Code Ch. 12.14 Preferential Parking Program

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

"Department"

means the City's Department of Public Works.

"District"

means a preferential parking district.

"Dwelling unit"

as defined in Title 6 of the Dana Point Municipal Code.

"Guest"

means any person visiting a resident located in a preferential parking district for any traditional guest purpose. The term "guest" also includes those persons providing professional services to a dwelling unit or building located within a district.

"Parking restriction"

means the limited amount of time and/or time of day vehicles may park on the street in a preferential parking district.

"Permit,"

for the purposes of this Chapter, means a valid preferential parking authorization for a resident or a guest issued in accordance with Section 12.14.008.

"Preferential parking"

means the exemption of vehicles displaying a valid permit from certain daytime and nighttime parking restrictions.

"Preferential parking district"

means a street or group of streets designated by City Council Resolution which establishes specified parking restrictions exempting those vehicles displaying a valid permit pursuant to this Chapter.

"Resident"

means a homeowner, tenant or other person who lives in a dwelling unit.

(Added by Ord. 99-12, 10/26/99; amended by Ord. 07-02, 2/20/07; Ord. 08-05, 5/20/08; Ord. 23-02, 3/7/23)

The process for a preferential parking district may be initiated at the direction of the City Council or Traffic Improvement Subcommittee. Notwithstanding the right of the City Council or Traffic Improvement Subcommittee to initiate a preferential parking district, no resolution establishing such district shall take any force or effect until signs or markings giving adequate notice thereof have been placed in and about the district.

(Added by Ord. 99-12, 10/26/99; amended by Ord. 08-05, 5/20/08; Ord. 09-01, 2/9/09; Ord. 23-02, 3/7/23)

The intent of the preferential parking district (district) is to protect residents and their guests from the adverse impacts of non-resident parking on public streets in preferential parking districts. The permits issued to residents living in district boundaries are for their sole use, including guests who are visiting their dwelling units. Permits shall not be distributed to non-residents or guests not actually entering the district to visit a resident in the district. Persons who attend or visit Dana Hills High School, unless they are actual district residents parking next to their homes, are not entitled to park in the district, even if a guest pass or resident pass is provided by a district homeowner or resident. It is also the intent of this district that residents and guests park reasonably close to the residence for which the pass is issued, defined as within 500 feet of the residence.

(Added by Ord. 08-05, 5/20/28; amended by Ord. 23-02, 3/7/23)

Once the process for the formation of a preferential parking district has been initiated, the following shall take place prior to the establishment of a district:

(a) The Director of Public Works/City Engineer shall prepare a study on the need for preferential parking in the proposed district. The study may include a survey of resident opinions and observations regarding the need for preferential parking. The study shall include:

(1) An evaluation of the appropriate district boundaries;

(2) An evaluation of the current on-street parking uses within the proposed district;

(3) An assessment of the parking restrictions required to address the needs of the proposed district;

(4) An assessment of the potential impacts of the district upon parking uses and parking availability within and without the proposed district boundaries;

(5) An evaluation of the proximity of the proposed district to the Dana Hills High School campus and the negative parking impacts attributable to student parking for all preferential parking districts around Dana Hills High School.

(b) The Director of Public Works/City Engineer shall present the study and recommendations to the Traffic Improvement Subcommittee or City Council for consideration at a noticed public hearing.

(c) The Director of Public Works/City Engineer, in making a recommendation to the Traffic Improvement Subcommittee or City Council to establish a district, must consider whether:

(1) The proposed preferential parking program will help address the parking needs of the proposed district; and

(2) The proposed preferential parking program will not result in significant adverse impacts to adjacent, non-district neighborhoods and no unreasonable displacement of non-resident vehicles into surrounding residential areas; and

(3) There are no other practical or feasible alternatives for adequately addressing the district's shortage of reasonably available and convenient residential parking spaces.

(d) The Traffic Improvement Subcommittee or City Council shall consider the recommendation of the Director of Public Works/City Engineer in making its determination regarding the formation of a district. If the Traffic Improvement Subcommittee or City Council determines that the criteria set forth in Subsection (c) have been met in accordance with the rules and procedures required by this Chapter, the Traffic Improvement Subcommittee or City Council may establish a preferential parking district by a resolution designating the appropriate boundaries, parking restrictions and number of parking permits and guest permits which will be issued per dwelling unit in the district. Motor vehicles displaying a valid parking permit may be parked exempt from the parking restrictions established pursuant to this Chapter in the district for which the permit is issued. An approved preferred parking district shall not have any force or effect until after signs or markings giving adequate notice thereof have been placed in and about the district.

(Added by Ord. 99-12, 10/26/99; amended by Ord. 07-02, 2/20/07; Ord. 08-05, 5/20/08; Ord. 09-01, 2/9/09; Ord. 23-02, 3/7/23)

(a) Any resident wishing to obtain a parking permit(s) for a district must complete an application as directed by the Department and submit the application along with the appropriate fees, if any, imposed pursuant to Section 12.14.020.

(b) A resident applicant for a preferred parking district permit(s) must prove to the satisfaction of the Director of Public Works/City Engineer that he or she resides in a particular dwelling unit within that district. An applicant must also prove that the motor vehicle(s) for which the permit is issued is currently registered in the State of California.

(c) Each permit shall be designed to state or reflect the particular district, the license number of the vehicle for which the permit is issued and the date on which the permit shall expire.

(d) Replacement permits may be obtained after proof to the satisfaction of the Director of Public Works/City Engineer that the original permit was lost, damaged, or stolen, and the appropriate fees, if any, have been paid.

(e) Permits shall only be used by residents and guests of the dwelling unit, and shall only entitle the user to park within 500 feet of the dwelling unit to which the pass is issued. If the vehicle with a permit is parked beyond that distance, the vehicle shall be subject to citation by law enforcement.

(Added by Ord. 99-12, 10/26/99; amended by Ord. 08-05, 5/20/08; Ord. 23-02, 3/7/23)

Residents shall request the issuance of a guest parking permit(s) for preferential parking for their guests. The administration of guest permits with respect to the number of permits, conditions for issuance of permits and expiration period for such permits may be established by resolution of the Traffic Improvement Subcommittee or City Council at the time that the district is approved by the Traffic Improvement Subcommittee or City Council.

(Added by Ord. 99-12, 10/26/99; amended by Ord. 07-02, 2/20/07; Ord. 08-05, 5/20/08; Ord. 09-01, 2/9/09; Ord. 23-02, 3/7/23)

Any of the following are grounds for refusal to issue or to revoke a permit:

(a) The applicant or permit holder cannot provide required evidence that the dwelling unit within the district is the residence of the applicant or permit holder;

(b) Failure of the applicant to provide complete and correct information on the application as required by the Department;

(c) Assignment, transfer, or use of the permit after issuance for any consideration, monetary or otherwise;

(d) The copying, production, or creation of a facsimile or counterfeit permit, or the use or display of a facsimile or counterfeit permit.

(Added by Ord. 99-12, 10/26/99; amended by Ord. 23-02, 3/7/23)

The Director of Public Works/City Engineer is authorized to suspend and revoke a permit under this part. If the Director of Public Works/City Engineer determines that there are adequate grounds to revoke a permit, he or she may give a permit holder a notice of revocation which states: (a) the grounds for the revocation; (b) that the permit has been suspended; and (c) the procedure for review and appeal of that notice of revocation. Such notice may be delivered by leaving a copy on the windshield of the permitted vehicle or by delivering notice to the dwelling unit associated with the permit holder.

A permit is automatically suspended as soon as a notice of revocation is delivered to the permit holder. The suspension shall become a permanent revocation if either: (i) no timely appeal is filed, or (ii) the Director of Public Works/City Engineer does not rescind the notice of revocation. During any period of suspension, a permit shall not be valid nor shall it exempt a vehicle from compliance with this part.

An applicant or permit holder may appeal a decision to deny or revoke a permit to the Director of Public Works/City Engineer. Any such appeal shall be in writing and shall be filed with the Director of Public Works/City Engineer within 14 calendar days after delivery of a notice of denial or revocation. If such an appeal is filed, the applicant or permit holder shall be given an opportunity for a review and meeting concerning the Director of Public Works/City Engineer's decision. The Director of Public Works/City Engineer is authorized to affirm, reverse or modify any such decision. Notice of the determination on reconsideration shall be in writing. Any applicant or permit holder may appeal the determination of the City Manager directly to the City Council in accordance with Section 2.04.100 et seq., of this Code.

(Added by Ord. 99-12, 10/26/99; amended by Ord. 07-02, 2/20/07; Ord. 08-05, 5/20/08; Ord. 23-02, 3/7/23)

The permit issued under this Chapter shall be visibly displayed on the inside left rear window of the vehicle for which the permit is issued. Guest permits shall be visibly displayed on the left front side of the vehicle's dashboard or the rear view mirror.

(Added by Ord. 99-12, 10/26/99; amended by Ord. 23-02, 3/7/23)

Preferential parking permits shall be valid for a period of up to five years from the date of issuance or until such time as the applicant ceases to reside in the district, whichever occurs first.

(Added by Ord. 99-12, 10/26/99; amended by Ord. 23-02, 3/7/23)

Applications for issuance of initial permits, renewal permits, transfer permits in the case of a holder of a permit moves to another district, or a replacement permit in the case of a lost or mutilated permit, shall be accompanied by such fee, if any, as may be established from time to time by resolution of the Traffic Improvement Subcommittee or City Council.

(Added by Ord. 99-12, 10/26/99; amended by Ord. 07-02, 2/20/07; Ord. 09-01, 2/9/09; Ord. 23-02, 3/7/23)

Upon the designation of a preferential parking district, but prior to such district taking legal force and effect, the Department shall cause appropriate signs to be erected in the district, indicating prominently any parking limitations, period of the day for its application and the fact that motor vehicles with valid permits shall be exempt from the requirements.

(Added by Ord. 99-12, 10/26/99; amended by Ord. 08-05, 5/20/08; Ord. 23-02, 3/7/23)

Residents within a preferential parking district or an organization may apply for a special function parking permit (for parties, construction and maintenance work, and similar events) in person at the Department. The Director of Public Works/City Engineer or designee is authorized to process the application and issue any reasonable number of temporary special function parking permits for period not to exceed 30 consecutive days.

(Added by Ord. 99-12, 10/26/99; amended by Ord. 07-02, 2/20/07; Ord. 23-02, 3/7/23)

(a) The following vehicles are exempt from the parking restrictions established pursuant to this Chapter:

(1) A motor vehicle identified as owned by or operated under contract to a utility when used in the construction, operation, removal or repair of utility property or facilities or engaged in authorized work in the designated preferential parking district;

(2) A motor vehicle when identified as owned by or under contract to a governmental agency, when used in the course of official governmental business;

(3) A vehicle which displays either a distinguishing license plate or placard issued pursuant to California Vehicle Code Section 5007, 22511.5, 22511.55 or 22511.59 relating to disabled or handicapped persons;

(4) Authorized emergency vehicles pursuant to California Vehicle Code Section 21055;

(5) Any commercial vehicle making pickups or deliveries of goods, wares or merchandise from or to any building or structure in the district or for the purpose of delivery to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure for which a currently valid building permit has previously been obtained.

(b) A preferential parking permit does not guarantee or reserve to the holder of the permit an on-street parking space within the designated preferential parking district.

(c) The preferential parking district program shall be in full force and effect, including all provisions of this Chapter, on the days and times set forth in the approval of the specific district. For the Dana Hills High School District, this will be regular school days during the hours of 7:00 a.m. and 4:00 p.m. (excluding summer school). This Section takes precedence over any other regulations related to the enforcement period established by approvals previous to the date of the ordinance codified in this Chapter.

(Added by Ord. 99-12, 10/26/99; amended by Ord. 08-05, 5/20/08; Ord. 23-02, 3/7/23)

(a) Unless otherwise exempted from the provisions of this Chapter, no person shall stop, stand, park, or leave standing a motor vehicle in violation of any parking restriction established pursuant to this Chapter.

(b) No person shall falsely represent him or herself as eligible for a parking permit or furnish false information in an application for a parking permit to the Department.

(c) No permit issued pursuant to this Chapter shall thereafter be transferred or used for any consideration, monetary or otherwise.

(d) No person shall copy, produce or create a facsimile or counterfeit parking permit; nor shall any person use or display a facsimile or counterfeit preferential parking permit.

(e) The permit(s) of any person who, after a hearing, has been found by the Director of Public Works/City Engineer to have violated any of the provisions of this Chapter shall be revoked by the Director of Public Works/City Engineer and no new permit shall be issued to that person or any person residing within that dwelling unit for a period of one year. Such person upon written notification of such revocation shall surrender the permit(s) to the Department within 14 days. Use of a revoked parking permit is prohibited.

(f) Any regularly employed or salaried peace officer or non-sworn community service officer of the City or police agency providing police services to the City shall have the authority to issue citations for any violation of this Chapter.

(g) Any violation of this Section is illegal and may be punished as a misdemeanor.

(Added by Ord. 99-12, 10/26/99; amended by Ord. 07-02, 2/20/07; Ord. 23-02, 3/7/23)

The provisions of this Chapter are expressly enacted under the Constitution of the State, Article XI, Section 11 together with provisions of the California Vehicle Code, as amended. The provisions set forth in the California Vehicle Code shall govern whenever this Chapter fails to set forth any specific provision, or is in conflict thereof.

(Added by Ord. 08-05, 5/20/08; amended by Ord. 23-02, 3/7/23)

(a) Appeals of the imposition of conditions or terms by the Director of Public Works/City Engineer of Public Works/City Engineer may be submitted in writing to the City Manager. A notice of appeal shall be filed within 10 days after the applicant is notified of the Director of Public Works/City Engineer of Public Works/City Engineer's decision to impose conditions or terms.

(b) At the time set for hearing of the appeal of a Director of Public Works/City Engineer's condition or term, the City Manager may summon witnesses and hear evidence relating to the application. At the conclusion thereof, the City Manager may grant or deny the application, or make such modifications with reference thereto as may be deemed appropriate. The findings and order of the City Manager shall be final and conclusive.

(c) Decisions of the Traffic Improvement Subcommittee with regard to the initial establishment of the district may be appealed. Appeals of the Traffic Improvement Subcommittee shall be filed with the City Clerk. Appeals must be filed no later than 15 calendar days after the rendering of the decision being appealed. Appeals filed to the City Clerk shall be in writing, must specifically cite the basis of the appeal, including how the person is negatively impacted by the Subcommittee's determination and must be accompanied by any fee the Council so chooses to impose by resolution. A decision rendered by the Traffic Improvement Subcommittee appealed to the City Council shall not become final until upheld by the City Council.

(Added by Ord. 07-02, 2/20/07; amended by Ord. 08-05, 5/20/08; Ord. 09-01, 2/9/09; Ord. 23-02, 3/7/23)