Fresno Municipal Code Art. 20 Residential Permit Parking

(a) Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 2 of Chapter 1 of this Code shall also govern the construction, meaning and application of words and phrases used in this article unless the particular provisions or the context otherwise requires. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(b) "Administrative costs" means all costs incurred by the city which are associated with or attributable to the initial and continuing designation of the residential permit parking area, including but not limited to the costs of preparing and processing permits, the costs of preparation, installation, maintenance and removal of the residential parking permit area signs, and the costs of enforcing violations of Section 14-2011 of this article.

(c) "Chief Administrative Officer" means the Chief Administrative Officer of the city or his designated representative.

(d) "Commuter vehicle" means a motor vehicle registered with the State of California Department of Motor Vehicles to an address located outside a residential permit parking area.

(e) "Lease" means that a person pays rent or other remuneration for use of a parcel of real property.

(f) "Motor vehicle" means an automobile, truck, motorcycle or other motor-driven form of transportation not in excess of 6,000 pounds gross weight.

(g) "Owns" means that a person has at least a one-quarter interest in a parcel of real property.

(h) "Parking attractor" means a facility which creates a demand for parking, including but not limited to hospitals and university complexes.

(i) "Person" means a natural person.

(j) "Residential area" means a contiguous or substantially contiguous area in which residents dwell and which contains public streets and highways or parts thereof.

(k) "Residential permit parking area" means a residential area designated as herein provided wherein resident motor vehicles displaying a valid permit as described herein shall be exempt from parking restrictions established pursuant to this article.

(l) "Resident vehicle" means a motor vehicle registered with the State of California Department of Motor Vehicles to an address located within a residential permit parking area for which a parking permit is issued.

(Added Ord. 80-143, § 3, eff. 10-17-80; Am. Ord. 83-55, § 1, eff. 6-10-83).

The Council shall, upon recommendation of the Chief Administrative Officer, consider for designation as residential permit parking areas those residential areas satisfying the designation criteria established in this article. The Council may, in its discretion, and in accordance with the designation criteria set forth herein, designate by resolution certain residential areas as residential permit parking areas in which resident vehicles displaying a valid parking permit may stand or be parked without limitation by parking restrictions established by this article. (Added Ord. 80-143, § 3, eff. 10-17-80).

(a) A residential area shall be deemed eligible for consideration as a residential permit parking area if, based on surveys and studies prepared at the direction of the Chief Administrative Officer or his designee, objective criteria establish that the residential area is impacted by commuter vehicles for any extended period.

(b) In determining whether a residential area may be designated as a residential permit parking area, the Chief Administrative Officer and the Council shall take into account factors which include but are not limited to the following:

(1) The extent to which a hospital, university complex or other parking attractor attracts commuter vehicles parking in the residential area during the period and days proposed for parking restriction;

(2) The extent to which resident vehicles cannot be accommodated by the number of available off-street parking spaces;

(3) The extent of the desire and need of the residents for residential permit parking and their willingness to bear the administrative costs in connection therewith;

(4) The extent to which legal on-street parking spaces are occupied by motor vehicles during the period proposed for parking restriction; and

(5) The extent to which vehicles parking in the area during the period proposed for parking restriction are commuter vehicles rather than resident vehicles. (Added Ord. 80-143, § 3, eff. 10-17-80).

(a) Upon receipt of a verified petition by residents of at least 100 dwelling units in the residential area proposed for designation or residents living in 50% of the living units in the area proposed for designation, whichever is lesser, the Chief Administrative Officer or his designee shall undertake or cause to be undertaken such surveys or studies as are deemed necessary to determine whether a residential area satisfies the designation criteria for a residential permit parking area. Such surveys or studies shall be completed within ninety days of receipt of such verified petition, unless otherwise provided by the Council.

(b) Within thirty days of the completion of surveys and studies to determine whether designation criteria are satisfied, the Chief Administrative Officer or his designee shall prepare and file with the City Clerk a written report to the Council recommending whether to designate the residential area under consideration as a residential permit parking area. Such report shall set forth the evidence generated as a result of surveys and studies performed, the findings relative to those designation criteria listed in Section 14-2003 deemed applicable to the residential area, and conclusions as to whether the findings justify preferential residential parking for that particular area and, if so, the proposed boundaries of the residential permit parking area, a proposed time limitation, period of the day, and days for its application, and a proposed fee to be paid upon permit issuance.

(c) Upon filing such report, the Chief Administrative Officer or his designee shall set the matter for public hearing before the Council for the purpose of determining whether a residential permit parking area should be established in the area in question and, if so, for determining the boundaries of such residential permit parking area, the time limitation on parking therein, the period of the day and days for its application, and the fee to be paid upon permit issuance. Notice of the public hearing or hearings provided for herein shall be published in a newspaper of general circulation in the city at least ten days before the hearing date and posted generally in the neighborhood. The notice shall clearly state the purpose of the hearing, the location and boundaries tentatively considered for the proposed residential permit parking area, the proposed time limitation, period of the day and days for its application the permit fee proposed to be charged therefor, and that a copy of the Chief Administrative Officer's report is available for examination in the office of the City Clerk.

(d) The requirements for a verified petition as specified in subsection (a) of this section shall be deemed minimum alternatives. If at the conclusion of the public hearing conducted pursuant to this section the Council finds that the area proposed for designation has unique residential parking problems due to the nature, location, frequency or duration of activities or events causing such problems, the Council may by resolution provide for additional requirements as conditions to the approval and adoption of the designation. Such conditions may include but are not limited to requiring the purchase of permits by residents of at least fifty (50) per cent but no more than seventy-five per cent of the number of dwelling units on each block face of such area before implementation of the designation or continuance thereof in any subsequent year. Such other conditions as the Council determines necessary and in the public interest may also be imposed as a condition of approval and continued implementation of the designation.

(Added Ord. 80-143, § 3, eff. 10-17-80; Am. Ord. 83-55, § 2, eff. 6-10-83).

The Council shall conduct a public hearing on the date established therefor pursuant to Section 14-2004 of this article to consider whether a residential area should be designated as a residential permit parking area. Following such hearing, the Council shall adopt, modify or reject the recommendation of the Chief Administrative Officer. In the alternative, the Council may refer the proposed designation to the Chief Administrative Officer for further consideration or study. Adoption of the designation shall be by resolution. Such resolution shall state the boundaries of such residential permit parking area, the applicable time limitation, period of day and days for its application, and such other conditions as may have been imposed by the Council pursuant to Section 14-2004 of this article. The fee shall be established in accordance with Section 14-2009 of this article.

(Added Ord. 80-143, § 3, eff. 10-17-80; Am. Ord. 83-55, § 3, eff. 6-10-83).

Any amendment, additions or deletions to a residential permit parking area shall be initiated, considered and approved or disapproved according to the procedures set forth in Sections 14-2003 through 14-2005 of this article, except any such amendment, additions or deletions may be initiated by the Chief Administrative Officer upon his own initiative.

(Added Ord. No. 80-143, § 3, eff. 10-17-80).

Upon the adoption by the Council of a resolution designating a residential permit parking area, the Director of Public Works, upon petition of residents of a majority of dwelling units on a block face and upon satisfaction of all other conditions, if any, imposed by the Council pursuant to Section 14-2004 of this article, shall cause appropriate signs to be erected on each such block face, indicating prominently thereon the parking time limitation, period of the day and days for its application, and that permit parking shall be exempt therefrom.

(Added Ord. 80-143, § 3, eff. 10-17-80; Am. Ord. 83-55, § 4, eff. 6-10-83).

Each parking permit issued hereunder shall be valid from October 1st of the year of issuance to September 30th of the ensuing year. Permits may be renewed annually upon reapplication in the manner required by the Chief Administrative Officer. Each application or reapplication for a parking permit shall contain information sufficient to identify the applicant, his residence address or address of real property owned or leased within a residential permit parking area, the license number of the motor vehicle for which application is made, and such other information that may be deemed relevant by the Chief Administrative Officer.

(Added Ord. 80-143, § 3, eff. 10-17-80).

The fee for a residential parking permit shall be as designated in the Master Fee Resolution, which fee may differ from residential permit parking area to residential permit parking area. In no event shall such fee exceed the cost of administering the residential permit parking program.

(Added Ord. 80-143, § 3, eff. 10-17-80).

(a) Parking permits shall be issued by the Controller. Each such permit shall be designed by the Controller to state or reflect thereon the particular residential permit parking area as well as the license number of the motor vehicle for which it is issued. No more than one parking permit shall be issued to each motor vehicle for which application is made. The Chief Administrative Officer is authorized to promulgate rules and regulations, not inconsistent with this article, governing the manner in which persons shall qualify for parking permits.

(b) Parking permits may be issued for motor vehicles only to the following persons:

(1) A legal resident of a designated residential permit parking area who has a motor vehicle registered in his name, or who has a motor vehicle for his exclusive use and under his control;

(2) A person who owns or leases commercial property and actively engages in business activity within a residential permit parking area. However, no more than one parking permit may be issued for each business establishment for a motor vehicle registered to or under the control of such a person.

(c) Proof of residency or ownership shall be demonstrated in a manner determined by the Chief Administrative Officer.

(d) Proof of motor vehicle ownership or vehicle use and control shall be demonstrated in a manner determined by the Chief Administrative Officer.

(e) Lost or stolen permits. A replacement permit may be issued upon declaration under penalty of perjury that a previously issued permit has been lost or stolen, and payment of a fee as set forth in the Master Fee Schedule. Permits that have been reported as lost or stolen are immediately cancelled and are no longer valid. Vehicles displaying permits that have been reported as lost, stolen, or cancelled are subject to citation.

(Added Ord. 80-143, § 3, eff. 10-17-80; Am. Ord. 2017-64, § 1, eff. 12-4-17).

Except as otherwise provided, no person shall stand or park a motor vehicle within a residential permit parking area for a period exceeding the parking limitation established pursuant to this article.

(a) This section shall not apply to a resident vehicle on which is displayed a valid parking permit in the residential permit parking area for which the permit has been issued.

(b) This section shall not apply to vehicles specified in Section 10-308 of this Code.

(Added Ord. 80-143, § 3, eff. 10-17-80).

No person shall falsely represent himself as eligible for a parking permit or to [sic] furnish false information in an application therefor to the Controller. Violation of this section is a misdemeanor.

(Added Ord. 80-143, § 3, eff. 10-17-80).

No person holding a valid parking permit issued pursuant to this article shall permit the use or display of such permit on a motor vehicle other than that for which the permit is issued. No person shall use or display a valid parking permit issued pursuant hereto on a motor vehicle other than that for which it is issued.

(Added Ord. 80-143, § 3, eff. 10-17-80; Am. Ord. 2013-37, § 1, eff. 1-20-14).

No person shall copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit or permits without written authorization from the Controller. No person shall knowingly use or display a facsimile or counterfeit parking permit in order to evade time limitations on parking applicable in a residential permit parking area. Violation of this section is a misdemeanor.

(Added Ord. 80-143, § 3, eff. 10-17-80).

The Controller is authorized to revoke the residential parking permit of any person found to be in violation of this article and, upon written notification thereof, the person shall surrender such permit to the Controller. Failure, when so requested, to surrender a residential parking permit so revoked shall constitute a violation of this article. Any such violation is a misdemeanor.

(Added Ord. 80-143, § 3, eff. 10-17-80).

The Chief Administrative Officer may promulgate rules and regulations implementing this article.

(Added Ord. 80-143, § 3, eff. 10-17-80).

A Downtown Corridor Parking District shall be established for the area bounded on the north by Divisadero, west by H Street, east by U Street, and south by Ventura for the purpose of designating Residential Permit Parking Areas within said District to allow authorized residents permission to park resident vehicles 24 hours per day in controlled parking areas on-street with a valid permit. Notwithstanding contrary requirements contained in Sections 14-2002 through 14-2007 and 14-2010 of this Article 20 the following shall apply to the designation of Residential Permit Parking Areas within said District:

a. Residential Permit Parking Areas shall be limited to residential areas within the District and shall be designated at the discretion of the Chief Administrative Officer, or his designee. Each Residential Permit Parking Area so designated shall be assigned a unique Identifier consisting of a letter-number combination and/or color.

b. Once designated, the Director of Public Works shall cause appropriate signs to be erected on each block face of the designated Parking Area. Each sign shall prominently display the Identifier for that particular Parking Area, and indicate that resident vehicles properly displaying a valid parking permit shall be exempt from the parking controls.

c. Permits shall be issued as prescribed in Section 14-2010 and be limited to one per residential unit located within the Residential Permit Parking Area. Each permit shall be designed by the Controller to prominently display the Identifier of the Parking Area as well as the resident vehicle license number for which it is issued. No more than one parking permit shall be issued for any residence, or resident vehicle.

(1) Parking permits may be issued only to a legal resident of a designated residential permit parking area who has a motor vehicle registered in his or her name, or who has a motor vehicle for his or her exclusive use and under his or her control.

(2) Proof of residency or ownership shall be demonstrated in a manner determined by the Chief Administrative Officer.

(3) Proof of motor vehicle ownership or vehicle use and control shall be demonstrated in a manner determined by the Chief Administrative Officer.

d. The Chief Administrative Officer shall have the authority, to eliminate any Residential Permit Parking Area within the Downtown Corridor and cancel outstanding permits in the eliminated parking area upon service of notice. The notice shall be in writing and served 90 days in advance of said elimination and cancellation to the record owners of residential units and the then current permit holders within the affected Residential Permit Parking. Notice shall be sent by U.S. Mail and service shall be effective four (4) days after mailing.

e. Sections 14-2008, 14-2009 and 14-2011 through 14-2016 regarding APPLICATION FOR AND DURATION OF PERMIT, PERMIT FEES, PROHIBITED PARKING, FALSE REPRESENTATION OR INFORMATION, USE OR DISPLAY OF PERMIT PROHIBITED, COUNTERFEIT PERMITS, REVOCATION OF PERMIT and RULES AND REGULATIONS respectively are fully applicable and incorporated in this Section.

f. Vehicles utilizing Downtown Corridor Parking Permits shall be subject to all Fresno Municipal Codes and California Vehicle Codes unless exempted in writing on the face of the permit.

(Added Ord. 2013-37, § 2, eff. 1-20-14).