Irvine Municipal Code Ch. 8 Preferential Parking Districts

The intent of this preferential parking district program is to protect residents and their guests from extended on-street parking in neighborhoods citywide due to circumstances that limits availability for residential parking spaces. The permits issued under this chapter to residents living in the district boundaries are for their sole use, including guests who are actually visiting their dwelling units. Permits are not to be distributed to non-residents or guests not actually entering the district to visit a homeowner or resident in the district boundaries. The implementation of this chapter shall follow the adopted Preferential Parking District Policies and Procedures. These policies and procedures for parking by permit only on public streets within the City of Irvine are set forth in City Council Resolution No. 25-38, as the same may be amended from time to time.

(Ord. No. 09-7, § 1, 9-8-09; Ord. No. 25-08, § 1, 4-22-25)

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

Chief means the City's Chief of Police or his or her designee.

Department means the City's Department of Public Works.

Director means the City's Director of Public Works or his or her designee.

District means a preferential parking district.

Dwelling unit means a self-contained group of interconnected rooms designed or intended as separate living quarters, with sleeping and sanitary facilities and one cooking facility provided within a permanent structure or portion thereof. Examples of a dwelling unit include a house, apartment, condominium or mobile home, but do not include a hotel, motel or timeshare. If any dwelling unit or units has been modified to add one or more dwelling units to a structure without obtaining proper permits from the City and/or County of Orange, then such added dwelling unit(s) shall not be considered a dwelling unit for purposes of this chapter.

Guest means any person visiting a resident located in a preferential parking district for any customary guest purpose, but shall not include an employee of a business located outside the preferential parking district who is parking in connection with such employment unless authorized under a home occupation permit.

Guest pass means a valid preferential parking authorization for a guest of a resident issued in accordance with the Preferential Parking Districts Program Policies and Procedures.

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 means a valid preferential parking authorization for a resident issued in accordance with the Preferential Parking Districts Program Policies and Procedures.

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

Preferential parking district means a street or group of streets designated by the Director in a written determination which establishes specified parking restrictions exempting those vehicles displaying a valid permit pursuant to this chapter.

Property owner means fee title holder of a property.

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

Time restricted parking means a parking restriction applicable to a time frame other than the "No Parking Any Time" restriction common to standard postings. Limited hours could encompass one or more of the following restrictions as to when parking is enforced: 1) beginning and ending hours; 2) maximum duration allowed; 3) days of the week; 4) months of the year; or 5) specific beginning and ending calendar dates. A limited hour's restriction could apply to a certain category of parked vehicles, such as resident or non-resident, and may include exemptions (e.g., weekends, holidays). Such limitations and exemptions shall be denoted in text form on the posted regulatory signs.

(Ord. No. 09-7, § 1, 9-8-09; Ord. No. 25-08, § 1, 4-22-25)

The process for establishing a preferential parking district may be initiated at the direction of the Director, or by request to the Director from a homeowner's association board or any City resident not represented by a homeowners association residing within the proposed district. The process will not be initiated until after other alternative measures, such as time restricted parking, have been implemented, analyzed and determined ineffective. Notwithstanding the foregoing right to initiate a preferential parking district, no determination by the Director to establish such district shall take any force or effect until signs or markings giving adequate notice thereof have been placed in and about the district.

(Ord. No. 09-7, § 1, 9-8-09; Ord. No. 25-08, § 1, 4-22-25)

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 shall prepare a study on the need for preferential parking in the proposed district. If practical and to the extent possible, the study shall include each of the following:

(1) An evaluation of appropriate boundaries for the proposed district;

(2) An evaluation of the current on-street parking used 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 with and without the proposed district boundaries; and

(5) City initiated community outreach program for affected residents and property owners.

(b) The Director, in making a determination to establish a district, should consider whether:

(1) The candidate streets are impacted by parking limitations in the residential areas;

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

(3) The proposed preferential parking district will not result in unreasonable adverse impacts to surrounding neighborhoods;

(4) There are no other practical or feasible alternatives which better address the district's shortage of reasonably available and convenient residential parking spaces; and

(5) The proposed preferential parking district program will not result in unreasonable adverse impacts to the convenience of services and access for district residents and their guests.

(c) The Director shall make a written determination to either establish or not establish a preferential parking district in response to a request made in conformance with Section 6-3-803 of this Code detailing district regulations.

(Ord. No. 09-7, § 1, 9-8-09; Ord. No. 25-08, § 1, 4-22-25)

(a) Any resident of the district wishing to obtain a parking permit(s) for a district must complete an application as directed by the Chief and submit the application along with the appropriate fees set forth in Section 6-3811. The Chief shall review the application and issue the permit or deny the applicant's application based on the criteria set forth in this chapter. A decision to deny the application shall be made in writing and sent to the applicant within 10 business days of the City's receipt of the application.

(b) A resident applying for a preferential parking district permit must establish to the satisfaction of the Chief that the vehicle for which the permit is requested is under the control of a resident in a particular dwelling unit within that district. An applicant must also prove that the motor vehicle for which the permit is proposed is currently lawfully registered and legally operated on the streets contained within the district.

(c) Each dwelling unit shall be eligible for a maximum of three residential permits.

(d) Permits shall only be used by residents and guests of the dwelling unit, and shall only entitle the user to park within the parking district to which the pass is issued.

(Ord. No. 09-7, § 1, 9-8-09; Ord. No. 25-08, § 1, 4-22-25)

Residents with valid parking permit(s) may be eligible to obtain upon request a maximum of two guest passes per dwelling unit for preferential parking by guests of the resident.

(Ord. No. 09-7, § 1, 9-8-09; Ord. No. 25-08, § 1, 4-22-25)

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 primary 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; or

(d) Any other grounds which demonstrates a lack of judgment or failure on behalf of the permit holder to act in good faith and according with the purpose and intent of any provision of this chapter or any specific provision applicable to the district.

(Ord. No. 09-7, § 1, 9-8-09; Ord. No. 25-08, § 1, 4-22-25)

(a) The Chief is authorized to suspend and revoke a permit under this part. If the Chief determines that there are adequate grounds to revoke a permit, he/she shall give a permit holder a notice of revocation which states:

(i) The grounds for the revocation;

(ii) That the permit has been suspended; and

(iii) The procedure for review and appeal of the determination.

Such notice shall be delivered by leaving a copy on the windshield of the permitted vehicle or by delivering notice in person or by mail to the permit holder, at the last known address.

(b) 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 Chief 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 chapter.

(Ord. No. 09-7, § 1, 9-8-09; Ord. No. 25-08, § 1, 4-22-25)

Applicants shall be issued parking permits in accordance with the Preferential Parking Districts Program Policies and Procedures. Permits shall be displayed or validated as directed by the Chief.

(Ord. No. 09-7, § 1, 9-8-09; Ord. No. 25-08, § 1, 4-22-25)

(a) Preferential parking permits and guest passes shall be valid for a period of two years from the date of issuance or until such time as the applicant ceases to reside in the district, whichever occurs first.

(b) Permit holders shall notify the City of Irvine when the permit holder ceases to reside in the district or the vehicle for which the permit is issued has been transferred to another individual within 15 calendar days of the transfer.

(Ord. No. 09-7, § 1, 9-8-09; Ord. No. 25-08, § 1, 4-22-25)

Application for issuance of initial permits, renewal permits, a replacement of permit in the case of a lost or mutilated permit, or a guest pass shall be accompanied by a fee as established from time-to-time by resolution of the City Council.

(Ord. No. 09-7, § 1, 9-8-09; Ord. No. 25-08, § 1, 4-22-25)

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 the parking limitations, period of the day for its application, and the fact that motor vehicles with valid permits shall be exempt from the requirements.

(Ord. No. 09-7, § 1, 9-8-09; Ord. No. 25-08, § 1, 4-22-25)

Residents within a preferential parking district or an organization may request a parking variance by contacting the Chief, who shall have sole discretion to either grant or deny the request. If the request is granted in writing, no permits or passes will be needed for the duration of the variance.

(Ord. No. 09-7, § 1, 9-8-09; Ord. No. 25-08, § 1, 4-22-25)

(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 actively 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 actively used in the course of official governmental business;

(3) Authorized emergency vehicles pursuant to Vehicle Code § 21055;

(4) Any commercial vehicle actively making pickups or deliveries of goods, wares or merchandise from or to any dwelling unit or building 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 dwelling unit or building; and

(5) Any vehicle used to provide services such as temporary care provider, gardener, or housecleaner actively engaged in work at an adjacent residence in the designated preferential parking district.

(b) Exemptions shall not cover overnight parking in the district.

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

(d) All preferential parking permit holders shall at all times comply with any and all additional relevant laws or resolutions that may apply to the parking, standing, or stopping of vehicles as set forth in applicable federal, State, or local law or regulation.

(e) Preferential parking permits shall not be issued to vehicles in excess of 84 inches in width as prohibited in Resolution No. 1007.

(Ord. No. 09-7, § 1, 9-8-09; Ord. No. 25-08, § 1, 4-22-25)

(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 or permitting requirements established pursuant to this chapter.

(b) No person shall falsely represent himself 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 or guest pass issued pursuant to this chapter shall thereafter be transferred or used for any consideration, monetary or alike.

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

(e) At the Chief's discretion, the permit(s) of any person who, after a hearing, has been found by the Chief to have violated any of the provisions of this chapter may be revoked by the Chief and no new permit may be issued to that person or any person residing within that dwelling unit for a period of one year. Upon written notification of such revocation, such person 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, non-sworn community service officer of the City, or any 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 chapter is punishable with a parking citation with fine to be determined by the City Council, as such fine may be amended from time-to-time.

(Ord. No. 09-7, § 1, 9-8-09; Ord. No. 25-08, § 1, 4-22-25)

A preferential parking district may be amended or dissolved by the director upon determination that the preferential parking district has created unreasonable adverse impacts to surrounding neighborhoods or to the convenience of services and access for residents and their guests.

(Ord. No. 09-7, § 1, 9-8-09; Ord. No. 25-08, § 1, 4-22-25)

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

(Ord. No. 09-7, § 1, 9-8-09; Ord. No. 25-08, § 1, 4-22-25)

(a) Any resident within the proposed district may appeal the final decision of the Director or Chief to the City Council with the City Clerk by filing a written notice of appeal within 15 calendar days of the date of the Director's or Chief's final written decision. The City Council shall consider the appeal within 45 calendar days of his or her receipt of the appeal request and either uphold, overturn, or modify the Director's or Chief's final decision. The determination of the City Council on the appeal shall be final.

(b) Any permittee whose permit is revoked pursuant to Section 6-3-808 of this Code shall have the right, within 10 business days after the written notice of the revocation, to file a written appeal to the City Council with the City Clerk. Such appeal shall set forth the specific ground(s) on which it is based. The City Council shall hold a hearing on the appeal within 30 calendar days after its receipt by the City Clerk, or at a time thereafter agreed upon by the appellant, and shall cause the appellant to be given at least 10 business days' written notice of such hearing. At the hearing, the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of its appeal. The determination of the City Council on the appeal shall be final.

(Ord. No. 09-7, § 1, 9-8-09; Ord. No. 25-08, § 1, 4-22-25)