Fremont Municipal Code Art. XI Permit Parking

This article authorizes the establishment of a temporary permit parking program for the Mission Peak neighborhood only. This article may be referred to as the “permit parking ordinance,” and is adopted pursuant to the preferential parking provisions of Cal. Veh. Code § 22507. All words, phrases, and terms used in this article shall be interpreted in accordance with the definitions set forth in the California Vehicle Code, unless otherwise specifically defined herein. (Ord. 01-2016 § 1, 1-5-16.)

For purposes of this article, the following definitions shall apply:

“Address” means an identification of any separate unit for residential or commercial use. Each separate dwelling unit within an apartment building, and each separate office within an office building, shall be identified by a separate address.

“Mission Peak neighborhood” means the geographical area (to be more particularly defined in the petition for formation of a permit parking area) in the vicinity of the area between Mission Blvd. to the west, Antelope Dr. to the north, Vineyard Ave. to the east, and Stanford Ave. to the south and the area surrounding Cougar Cir. and Boar Cir. and Lynx Dr.

“Parking permit” means a permit issued in accordance with this article which, when properly displayed on a vehicle, allows the vehicle to be parked on a street within a permit parking area during restricted parking times. There are three types of parking permits identified in this article, including: annual resident parking permits, annual visitor parking permits, and temporary parking permits.

“Permit parking area” means the geographic area formed in accordance with this article within which no motor vehicle may be parked on a street during restricted parking times without a parking permit.

“Police department” means the city of Fremont police department, the chief of police or his or her designee.

“Resident” means any person, 18 years of age or older, whose legal residential or business address is within a permit parking area.

“Restricted parking times” means times within which vehicle parking on a street is prohibited within a permit parking area, unless the vehicle properly displays a valid parking permit.

“Visitor” means a person who is temporarily spending time at an address within a permit parking area. (Ord. 01-2016 § 1, 1-5-16.)

The police department shall prepare written permit parking regulations which are consistent with, and which implement, the requirements of this permit parking article. The permit parking regulations and any written amendments thereto shall be approved by the police chief. The permit parking regulations and the permit parking article shall be available for review at the police department, and a copy of each shall be provided to each person who submits an application for a parking permit in accordance with this article. (Ord. 01-2016 § 1, 1-5-16.)

(a) The form of any petition prepared in accordance with this article shall be subject to the review and approval of the police department prior to obtaining signatures from residents. No permit parking areas shall be formed outside of the Mission Peak neighborhood during the temporary program, as identified in Section 10.05.970.

(b) The chief of police shall submit a request to the city council to consider the formation of a permit parking area at a public hearing, noticed in accordance with Cal. Gov’t Code § 65091; provided, that a petition is submitted to the police department which complies with the requirements set forth in this section.

(1) The petition shall be in substantial conformance with the following:

PETITION TO THE CITY COUNCIL OF THE CITY OF FREMONT FOR THE FORMATION OF A PERMIT PARKING AREA

We, the undersigned, hereby verify we are residents in the Area identified on Exhibits A and B attached to this petition. We hereby request that the City Council of the City of Fremont consider the formation of a permit parking area for the Area, in accordance with the requirements of the Permit Parking Ordinance (Fremont Municipal Code Title 10, Chapter 10.05, Article XI), attached as Exhibit C to this petition.

We understand that, if the proposed permit parking area is approved by the City Council, street signs will be posted in the Area to identify the permit parking restrictions. We further understand that, if we desire to park a vehicle on a street within the permit parking area during restricted parking times of ________________:

(A) We will be required to display a parking permit on each vehicle.

(B) We will be required to pay an annual fee for each parking permit in an amount in effect at the time of payment, in accordance with the City’s Master Fee Schedule. The current fee amount is $_______________ per permit (subject to annual increases by the City).

(2) The petition shall identify the restricted parking times.

(3) The petition shall identify the annual dollar amount per permit in effect on the date the petition is circulated for signature.

(4) The petition shall include a legibly printed or typed name, address, and date of signature for each signatory to the petition. The petition shall be signed only by residents who reside at an address within the permit parking area.

(5) The petition shall include a graphic depiction of the proposed permit parking area, attached as Exhibit A to the petition. Exhibit A shall identify each street within the permit parking area, each address within the permit parking area, and major cross streets.

(6) The petition shall include a text description of the permit parking area, including a list of each separate address within the permit parking area (or assessor’s parcel number if street address is not available), attached as Exhibit B to the petition.

(7) The petition shall include a copy of the permit parking ordinance, attached as Exhibit C to the petition.

(8) The petition shall be signed by residents within the proposed permit parking area representing not less than 60 percent of all addresses within the permit parking area. Any one resident of an address shall be authorized to sign the petition on behalf of the address.

(c) City council shall consider the formation of the permit parking area identified in the petition at a duly noticed public hearing. The city council may, by ordinance or resolution, approve the formation of the permit parking area if the city council finds, in its discretion, that:

(1) The petition meets the requirements identified in this section.

(2) Implementation of the proposed permit parking program would be beneficial to the parking needs of residents within the proposed permit parking area, considering the size of the permit parking area, the restricted parking times, the excessive number of nonresident vehicles parking within the permit parking area, and any other relevant factors.

(3) Implementation of the proposed permit parking program would not be detrimental to the health, safety, or welfare of the residents in, or adjacent to, the proposed permit parking area. If the city council determines that adjacent areas would be adversely impacted if not included in the permit parking area, the city council may add additional residences to the permit parking area. (Ord. 01-2016 § 1, 1-5-16.)

(a) After a permit parking area is formed, the permit parking area may be modified or terminated by one of the following procedures:

(1) Complying with all requirements of Section 10.05.860; provided, that the petition also clearly identifies all proposed changes to the permit parking program.

(2) At the discretion of the city council, by ordinance or resolution, with or without a petition, at a public hearing noticed in accordance with Cal. Gov’t Code § 65091; provided, that the city council makes a finding at the public hearing that implementation of the proposed modification to the permit parking program would be in the interest of the health, safety, or general welfare of the residents in, and adjacent to, the permit parking area.

(b) One year after the effective date of the formation of a permit parking area, the permit parking program, other than the temporary parking program for the Mission Peak neighborhood, shall automatically expire, unless the city council approves the continuation of the permit parking program at a public hearing noticed in accordance with Cal. Gov’t Code § 65090. (Ord. 01-2016 § 1, 1-5-16.)

Any resident within the permit parking area may submit a written application to the police department requesting one resident parking permit per vehicle; provided, the vehicle is registered to the resident within the permit parking area. The police department shall issue the requested permit; provided, that the application complies with the following requirements and the permit parking regulations:

(a) Identify the applicant as a resident at an address within the permit parking area.

(b) Identify the vehicle to which the permit shall apply, including, at a minimum, the vehicle registration and license.

(c) Identify the permitted vehicle as registered to a resident within the permit parking area, at an address within the permit parking area.

(d) Include payment of the annual permit fee, as required by the city’s master fee schedule, for each permanent resident parking permit. (Ord. 01-2016 § 1, 1-5-16.)

Any resident within the permit parking area may submit a written application to the police department requesting no more than two visitor parking permits per address within the permit parking area. The police department shall issue the requested permit; provided, the application complies with the following requirements and the permit parking regulations:

(a) Identify the applicant as a resident at an address within the permit parking area.

(b) Identify the number of requested permanent visitor parking permits (not to exceed two permits per address).

(c) Declare that the purpose of each temporary parking permit is to allow the resident, or a visitor who is temporarily spending time at the resident’s address, to park within the permit parking area.

(d) Include payment of the annual permit fee, as required by the city’s master fee schedule, for each permanent visitor parking permit. (Ord. 01-2016 § 1, 1-5-16.)

(a) Any resident within the permit parking area may submit an application to the police department requesting one or more temporary parking permits. Each application shall:

(1) Identify the applicant as a resident at an address within the permit parking area.

(2) Identify the number of requested temporary parking permits and the requested length of time for each permit, not to exceed 72 hours.

(3) Identify the vehicle to which the permit shall apply.

(4) Declare that the purpose of each temporary parking permit is to allow the resident, or a visitor who is temporarily spending time at the resident’s address, to park within the permit parking area.

(5) Include payment of the permit fee, as required by the city’s master fee schedule, for each permanent visitor parking permit.

(b) The police department may issue the requested permits on a “first come first served” basis; provided, that the application complies with the requirements of this section and the permit parking regulations, and the police department finds that the issuance of the permit would not be detrimental to the parking needs of the residents within the permit parking area considering the requested number and duration of requested permits, the impact on available parking and traffic circulation within the permit parking area, and any other relevant factors. (Ord. 01-2016 § 1, 1-5-16.)

Any resident to whom an annual parking permit (including an annual resident parking permit or an annual visitor parking permit) has been issued in accordance with this article may submit a written application for annual renewal, or replacement of a stolen, lost, or damaged permit. The police department shall issue the requested permit renewal or replacement; provided, the application complies with the following requirements and the permit parking regulations:

(a) Identify the current valid annual parking permit for which renewal or replacement is requested.

(b) Update all information required for the original issuance of the parking permit.

(c) Include payment of the annual permit renewal or replacement fee, as required by the city’s master fee schedule, for each parking permit. (Ord. 01-2016 § 1, 1-5-16.)

(a) All parking permits shall be displayed in a manner by which all markings on the permit are plainly visible from the street, while the vehicle is parked in the permit parking area, in accordance with the requirements of the permit parking regulations.

(b) Annual resident permits shall be permanently affixed to the vehicle for which the permit was issued. (Ord. 01-2016 § 1, 1-5-16.)

(a) No person shall use an annual resident parking permit for any vehicle other than the vehicle for which the permit was issued.

(b) No person shall use an annual visitor parking permit or a temporary parking permit for any vehicle other than one used by the resident or a visitor of the resident.

(c) No person shall sell, transfer, or allow another person to use a parking permit unless authorized pursuant to this article.

(d) No person shall purchase, acquire, obtain, or use a parking permit unless authorized pursuant to this article. (Ord. 01-2016 § 1, 1-5-16.)

For every permit parking area formed in accordance with this article, the city shall cause appropriate signs to be erected to provide reasonable notice to the public regarding the type of permit required for parking in the permit parking area during restricted parking times. The restricted parking times for any permit parking area shall not be effective unless the signs required by this section have been erected. (Ord. 01-2016 § 1, 1-5-16.)

No person shall park a vehicle on a street in any permit parking area formed pursuant to this article during restricted parking times, unless there is a valid parking permit properly displayed on the vehicle. (Ord. 01-2016 § 1, 1-5-16.)

(a) The chief of police may deny an application for a parking permit (including any application for a renewal or replacement), or revoke a parking permit issued in accordance with this article, upon a determination that the applicant:

(1) Included incorrect or inadequate information in the parking permit application; or

(2) Violated any requirement of this article or the permit parking regulations.

(b) Any appeal of a denial or revocation of a parking permit shall be made in writing to the chief of police in accordance with the procedures for appeal of an administrative citation as set forth in Section 1.20.060 et seq. (Ord. 01-2016 § 1, 1-5-16.)

This permit parking ordinance shall automatically expire on July 7, 2033. This permit parking ordinance may be extended only by an ordinance of the city council approved at a public hearing noticed in accordance with Cal. Gov’t Code § 65090, at which the city council finds, after reviewing evidence regarding the effectiveness of the Mission Peak neighborhood permit parking program, that an extension of the permit parking ordinance will be in the best interests of the city. (Ord. 01-2016 § 1, 1-5-16; Ord. 07-2020 § 1, 6-2-20; Ord. 05-2023 § 1, 6-6-23 .)

In addition to those authorized to enforce this article pursuant to Section 10.05.050, the chief of police may authorize other public agencies that provide law enforcement services to enforce this article. (Ord. 01-2016 § 1, 1-5-16.)