Chapter 10.44 — RESIDENTIAL PERMIT PARKING PROGRAM

Editor's note— Ord. No. 13202, § 1, adopted December 10, 2013, amended Chapter 10.44 in its entirety to read as herein set out. Formerly, Chapter 10.44 pertained to similar subject matter, and derived from the prior traffic code, §§ 320—332; Ord. No. 13163, § 4, adopted June 18, 2013, and Ord. No. 13198, § 2, adopted November 5, 2013.

The ordinance codified in this chapter is enacted in response to the serious adverse effects caused in certain areas in neighborhoods of Oakland by motor vehicle congestion, particularly the long-term parking of motor vehicles on the streets of such areas and neighborhoods by nonresidents thereof. As set forth in more specific detail in Section 10.44.020, such long-term parking by nonresidents threatens the health, safety and welfare of all of the residents of Oakland. In order to protect and promote the integrity of these areas and neighborhoods, it is necessary to enact parking regulations restricting unlimited parking by nonresidents therein, while providing the opportunity for residents to park near their homes. Uniform parking regulations restricting residents and nonresidents alike would not serve the public interest, rather such regulations would contribute to neighborhood decline while ignoring the public transit alternatives to automobile travel available to nonresidents. For the reasons set forth in this chapter, a system of residential permit parking is enacted for the City.

(Ord. No. 13202, § 1, 12-10-2013)

A.

General Findings. The City Council finds, as a result of evidence generated by professional studies and derived from other sources, that the continued vitality of Oakland depends on the preservation of safe, healthy and attractive neighborhoods and other residential areas therein. The Council further finds that one factor that has detracted from the safety, health and attractiveness of neighborhoods and other residential areas of the City is the excessive and burdensome practice of nonresidents of certain areas and neighborhoods parking their motor vehicles for extended periods of time therein. Since there is in Oakland at any one time a large surplus of motor vehicles over available on- and off-street parking spaces, this condition detracts from a healthy and complete urban environment. A system of residential permit parking will serve to reduce a number of strains on residents of the City and thus promote the general public welfare.

B.

Specific Findings. The following specific legislative findings for the City Council in support of residential permit parking are set forth as illustrations only and do not exhaust the subject of the factual basis supporting its adoption:

The safety, health and welfare of the residents of Oakland can be greatly enhanced by maintenance of the attractiveness and livability of its neighborhoods and other residential areas.

A large portion of Oakland residents possess automobiles and as a result are daily faced with the need to store these automobiles in or near their residences.

Certain neighborhoods and areas of Oakland do not have sufficient on- or off-street space to accommodate the convenient parking of motor vehicles by residents thereof in the vicinity of their homes. To the extent that such facilities do exist, the program set forth herein is designed to encourage the maximum feasible utilization of off-street parking facilities.

Such areas as described in Subsection B.3. of this section are often further burdened by influxes of motor vehicles owned by nonresidents which compete for the inadequate available on-street parking spaces.

There further exist certain parking "attractors" within Oakland, such as hospitals, BART stations, employment centers, and locations convenient for commuter parking, which further exacerbate neighborhood parking problems.

Unnecessary vehicle miles, noise, pollution, and strains on interpersonal relationships, caused by the conditions set forth herein, work unacceptable hardships on residents of these neighborhoods and other residential areas by causing the deterioration of air quality, safety, tranquility and other values available in an urban residential environment.

If allowed to continue unchecked, these adverse effects on the citizens of Oakland will contribute to a further decline of the living conditions therein, a reduction in the attractiveness of residing within Oakland and consequent injury to the general public welfare.

The system of residential permit parking, as enacted by the ordinance codified in this chapter, will serve to promote the safety, health and welfare of all the citizens of Oakland by (a) reducing unnecessary personal motor vehicle travel, noise, and pollution; and (b) promoting improvements in air quality, the convenience and attractiveness of urban residential living, and the increased use of public mass transit facilities available now and in the future.

(Ord. No. 13202, § 1, 12-10-2013)

As used in this chapter:

"Address" means and includes any residential or business address. Each dwelling unit within an apartment building that is distinguished by an apartment number and each office within an office building that is distinguished by a suite number shall be considered an address.

"Block" means any street segment intersected by two other streets; street segments over 600 feet in length, but less than 1,200 feet in length shall be considered two blocks; street segments over 1,200 feet in

length shall be considered three blocks.

"Business" means an enterprise or establishment used for the purpose of conducting business located in the designated residential permit parking area.

"Car sharing" is defined as a membership-based service, available to all qualified drivers in a community, which allows members to make vehicle trips with the use of a rented vehicle without a separate written requirement for each trip.

"Car sharing organization" is an organization that provides members with access to a minimum of 20 shared-use vehicles at geographically distributed locations with hourly, daily, and/or weekly rates (or fractions thereof) that include insurance. The Public Works Department will maintain a list of the criteria necessary to become a "qualified" car sharing organization as well a list of qualified car sharing organizations entitled to applied for car sharing-related permits.

"Car sharing vehicle" is a vehicle made accessible by a car sharing organization for use by its members. Each car sharing organization shall display its identifying emblem on any car sharing vehicle using on-street spaces.

"Day care center" means and includes any state-licensed day care center with five or more employees.

"Designated residential parking area," sometimes referred to as "residential permit parking area," means any street upon which the Council imposes parking limitations pursuant to the authority granted by this chapter.

"Fourteen (14) day visitor parking permit" means a parking permit issued pursuant to this chapter or an ordinance or resolution enacted pursuant to authority granted herein, which when displayed upon a motor vehicle, as described herein, shall exempt the motor vehicle from parking time restrictions established pursuant to this chapter for a period of 14 consecutive calendar days, beginning upon the date indicated upon the face of said permit.

"Master residential parking permit" refers to the permit that entitles car sharing vehicles with master residential parking permits to park in any residential permit parking area.

"Motor vehicle" means and includes automobile, truck, motorcycle or other motor driven form of transportation not in excess of 10,000 pounds in gross vehicle weight rating.

"Neighborhood-serving establishment" means all schools, day care centers, and nonprofit public service organizations.

"Nonprofit public service organization" means and includes any nonprofit organization involved in public service excluding medical care services such as hospitals and medical office buildings.

"Nonresident vehicle" means a motor vehicle not eligible to be issued a residential parking permit, pursuant to the terms and conditions of this chapter, for the specific area in which it is parked.

"One-day visitor parking permit" means a parking permit which when displayed upon a motor vehicle shall exempt the motor vehicle from parking time restrictions established pursuant to this chapter or an

ordinance or resolution enacted pursuant to authority granted therein, for the date indicated upon the face of said permit.

"Parking permit" means a permit issued under this chapter which, when displayed upon a motor vehicle, as described herein, shall exempt said motor vehicle from parking time restrictions established pursuant to this chapter.

"Person" means and includes, but shall not be limited to, individuals and representatives of corporations, businesses, partnerships, hospitals and churches.

"Residence" means an address of a legal, residential dwelling.

"Resident" means a person 18 years of age or older whose legal residential or business address is in the designated residential permit parking area.

"School" means and includes any state-licensed preschool, elementary, middle, junior high, or high school with five or more employees.

"Visitor" means an individual who calls upon a resident in the designated residential permit parking area with specific intent to spend time in or about that resident's residence for the purpose of social intercourse or to provide a service.

(Ord. No. 13202, § 1, 12-10-2013; Ord. No. 13301, § 1, 3-31-2015)

A.

A motor vehicle on which is displayed a valid residential parking permit, as provided for herein, 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. Any motor vehicle which does not display such permit shall be subject to the residential permit parking regulation and consequent penalties in effect for such area.

B.

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.

C.

This chapter shall not be interpreted or applied in a manner which shall abridge or alter regulations established by authority other than this chapter.

D.

This chapter shall not exempt the permit parking holder from other traffic controls and regulations existing in the designated residential permit parking area.

E.

This chapter shall not permit the permit parking holder to leave standing his or her vehicle for more than 72 hours.

(Ord. No. 13202, § 1, 12-10-2013)

A.

The Director of Public Works or his or her designee shall consider for designation as a residential permit parking area any proposed area for which a petition has been submitted which meets and satisfies the following requirements:

The petition shall contain a description or a map showing the proposed residential permit parking area.

Said description or map shall be followed in the petition by a statement describing the residential permit parking program and the current residential permit fees.

The aforementioned statement shall be followed by a signature, printed name, address, and date of signing of the petition by residents 18 years or older representing at least 51 percent of the addresses within each proposed area. In addition, the petition sponsor must certify that a reasonable means of inquiry was undertaken to assure the validity of petition signatures. Receipt of a petition representing at least 51 percent of the addresses within a proposed area will initiate the residential permit parking review process. Subsequent counter petitions received from residents within a proposed area will be reviewed, but they will in no way invalidate the initial petition requesting establishment of residential permit parking or terminate the review process.

The proposed residential permit parking areas should include at least six adjacent block fronts and at least 80 percent of the block fronts must be residentially zoned, and at a minimum, 75 percent of all on-street parking spaces within the proposed area must be occupied during any two one-hour periods between 8:00 a.m. and 6:00 p.m. Both sides of a street must be included in each area unless determined by the Director of Public Works or his or her designee to be impractical or undesirable.

Notwithstanding the requirements of Subsections A.3. and 4. of this section, the Director of Public Works or his or her designee may recommend establishment of a residential permit parking area in an area which is not in a R-10, R-20 or R-30 zone and where, in his or her judgment, a significant daytime parking problem exists and it is impossible or impractical to establish an area with six or more adjacent block faces or where because accessibility to large apartments or condominiums is restricted, it is impossible to access a sufficient number of addresses to obtain signatures representing 51 percent of the addresses. However, in

no case shall an area be recommended to be established as a residential permit parking area when a petition containing signatures representing less than 30 percent of the addresses within the area has been submitted for review.

B.

Upon receipt by the Director of Public Works or his or her designee of a petition as described in Subsection A. of this section, the Director of Public Works or his or her designee shall:

Undertake or cause to be undertaken such surveys or studies deemed necessary;

Conduct a public hearing on the proposed residential permit parking area. Notice of the hearing shall be posted at least ten days prior to the hearing on all block fronts proposed to be included in the residential permit parking area. Notice of public hearing shall also be mailed to each address within the petitioned RPP area. Following the hearing, the director of Public Works or his or her designee may enact, amend or reject the proposed area in any manner, including, but not limited to, modification of boundaries of the proposed area and the restrictions imposed on such proposed area;

Cause to be drafted a resolution which would establish a residential permit parking area based upon the aforementioned petition, public hearing, and studies, including any regulations and time restrictions determined by the Director of Public Works or his or her designee to be reasonable and necessary in such area.

C.

The City Council may approve, reject, or modify the resolution establishing a residential permit parking area. The City Council must approve the resolution in order to establish a residential permit parking area.

(Ord. No. 13202, § 1, 12-10-2013)

Upon satisfaction of the requirements as provided in Section 10.44.050, the City Council may, by appropriate resolution, modify an existing residential permit parking area.

(Ord. No. 13202, § 1, 12-10-2013)

A.

Residential parking permits shall be issued by the Administrative Services Department in accordance with requirements set forth in this chapter. Each such permit shall be designed to state or reflect thereon the identification of 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 residential parking permit shall be issued to each motor vehicle owned or leased for which application is made.

B.

The Administrative Services Department shall issue residential parking permits on an annual basis.

C.

One residential parking permit may be issued for each vehicle owned, leased, or under the continuing custody of any person who can demonstrate that they are currently a resident of the area for which the permit is to be issued. However, in no case shall more than three parking permits be issued for any address. In areas where it appears that the number of permits sold would exceed the number of legal on- street parking spaces, the initial sale would be limited to two or possibly one permit per address.

D.

A residential parking permit may, in addition, be issued for any vehicle owned, leased, or under the continuing custody of a person who owns or leases commercial property and engages in business activity within the particular residential permit parking area. The owner and/or employees of a business located in a residential permit parking area will be allowed to obtain one permit for each motor vehicle they own, lease, or have under their continuing custody up to a maximum of two parking permits for vehicles not registered at the business address and/or up to three parking permits for vehicles registered at the business address. However, in no case shall more than three parking permits be issued for each business establishment or motor vehicles registered to or under the control of the owner and/or employees of such an establishment. In areas where it appears that the number of permits sold would exceed the number of legal on-street parking spaces, the initial sale would be limited to two or possibly one permit per business.

E.

A residential parking permit may be issued for any vehicle owned, leased, or under the continuing custody of a person who is employed by or a representative of a neighborhood-serving establishment located within the particular residential permit parking area. Each employee or representative of a neighborhood-serving establishment will be allowed to obtain one permit for each vehicle they own or lease subject to the following criteria which shall be used to establish the eligibility of a neighborhood-serving establishment and the maximum number of permits to be issued:

An establishment for which there is inadequate off-street parking and no financially feasible way of creating adequate off-street parking on the site of the establishment;

The total number of permits issued under no circumstances shall exceed the lesser of 60 percent of the establishment's employees present on any given weekday or the number of unrestricted parking spaces along the establishment's frontage on the street designated as residential permit parking;

In areas where it appears that the number of permits sold per block would exceed the number of legal on- street parking spaces per block the initial sale would be limited to two or possibly one permit per neighborhood-serving establishment;

Distribution of permits shall be through a designated representative of the establishment who will be responsible for allocation of the permits to employees.

F.

A residential parking permit may be issued to a resident or an employee of a business located along a commercial street that has been determined by the Director of Public Works or his or her designee to be significantly impacted by the implementation of residential permit parking on adjacent residential streets. The Director of Public Works or his or her designee will determine which commercial streets will qualify and the appropriate boundaries. Any resident or employee whose business is located on a qualifying portion of a commercial street will be allowed to obtain one permit for each motor vehicle they own, lease, or have under their continuing custody up to a maximum of two permits per address. In areas where it appears that the number of permits sold would exceed the number of legal on-street parking spaces, the initial sale would be limited to one permit per address. Any resident or employee whose business is located on a qualifying portion of a commercial street and whose address is in a building that was required by the City to provide off-street parking will not be allowed to obtain a residential parking permit.

G.

Renewal of residential parking permits shall be subject to the same conditions imposed on new permits.

H.

The Administrative Services Department is authorized to issue such rules and regulations, not inconsistent with this chapter, governing the issuance and display of residential parking permits.

I.

Any person to whom a residential parking permit has been issued pursuant to this section shall be deemed a parking permit holder.

(Ord. No. 13202, § 1, 12-10-2013)

A.

The Administrative Services Department shall issue visitor parking permits in accordance with this section. A visitor parking permit shall be of limited duration, but shall otherwise grant to the holder thereof all the rights and privileges of a regular residential parking permit. Visitor parking permit shall be of two types:

One-day visitor parking permits; and

14-day visitor parking permits.

B.

A visitor parking permit shall clearly display the date upon which it becomes effective, the license number of the motor vehicle for which it applies, the name of the resident, and shall designate the particular residential permit parking area for which it applies.

C.

A one-day visitor parking permit shall, during the date indicated upon the face of said permit, exempt the applicable vehicle from parking time restrictions established pursuant to this chapter.

D.

A 14-day visitor parking permit shall, for the period of 14 days commencing upon the date indicated upon the face of said permit, exempt the applicable vehicle from parking time restrictions established pursuant to this chapter.

E.

The Administrative Services Department is authorized to establish rules and regulations, not inconsistent with this chapter, concerning the issuance and display of visitor parking permits to permit holders.

F.

An eligible applicant for a visitor parking permit shall be any person eligible to obtain a residential parking permit pursuant to criteria set forth in Section 10.44.070, but no more than five visitor parking permits per address shall be issued at any one time.

(Ord. No. 13202, § 1, 12-10-2013)

A.

The initial purchase of a residential parking permit for a vehicle owned, leased, or under the continuing custody of a resident and registered at a qualifying residence or business address in addition to vehicles owned, leased, or under the continuing custody of an owner or employee of a qualifying neighborhood serving center shall be assessed the corresponding fees set forth in the City master fee schedule. Residential parking permits sold for vehicles owned, leased, or under the continuing custody of a business owner or employee but not registered at the qualifying business address shall be assessed the higher fee set forth in the City master fee schedule.

B.

Renewal of residential parking permits shall be subject to the fees set forth in the City master fee schedule.

C.

Replacement of stolen, lost, or damaged residential parking permits shall be subject to the fees set forth in the City master fee schedule.

D.

The fee for each visitor parking permit (one day and 14 days) will be as set forth in the City master fee schedule.

(Ord. No. 13202, § 1, 12-10-2013)

Upon the adoption by the City Council of the resolution designating a residential permit parking area, the Director of Public Works shall cause appropriate signs to be erected in the area, indicating prominently thereon the time limitation, period of the day for its application, and conditions under which permit parking shall be exempt therefrom.

(Ord. No. 13202, § 1, 12-10-2013)

A.

The Director of Public Works or his or her designee shall consider the removal of RPP signs if the following requirements have been satisfied:

RPP signs have been in place for at least two years.

Receipt of a qualifying petition by residents of at least 51 percent of the addresses within each block in consideration as described in Subsection A.1. of Section 10.44.050.

B.

Upon satisfaction of the requirements for removal of RPP, the City Council may, by appropriate resolution, remove or modify an existing residential permit parking area.

C.

The City shall not consider reinstallation of RPP signs for a minimum of two years.

(Ord. No. 13202, § 1, 12-10-2013)

The City Traffic Engineer or his or her designee is authorized to temporarily revoke (for a period of time not to exceed ten working days) the residential parking permit of any person found to be in violation of this chapter by providing written notice of the temporary revocation to the permittee. Such written notice shall include a statement outlining the grounds for revoking the permit as well as the date, time, and place set for a hearing before the Director of Public Works or his or her representative to determine if the revocation shall be in effect until the expiration of the permit. Written notice of the date, time and place of such hearing shall be served upon the permittee five days prior to the date set for such hearing.

At the hearing before the Director of Public Works or his or her representative, the permittee shall have the right to be represented by an attorney, and/or to present evidence and a written or oral argument, or both.

No decision shall be invalidated because of the admission into the record and the use of any proof of any fact in dispute of any evidence not admissible under the common law or statutory rules of evidence.

Within five working days after close of hearing, the Director of Public Works or his or her representative shall enter his or her decision based upon the record presented and notify the permittee in writing of such decision. The decision of the Director of Public Works shall be final. Failure, when so requested, to surrender a residential parking permit so revoked shall constitute a violation of this chapter. Any such violation is a misdemeanor. There will be no refunds for revoked permits.

(Ord. No. 13202, § 1, 12-10-2013)

A.

It is unlawful and shall constitute a violation of this chapter for any person to stand or park a motor vehicle, without a current residential parking permit properly displayed, at a curb within a residential permit parking area for a period of time exceeding the time limitation established by the City Council for such area. Motor vehicles identified as used by disabled persons meeting the requirements of Section 22511.5 of the California Vehicle Code shall be exempt from this subsection.

B.

The following acts shall be punishable by a fine not exceeding $500.00 and revocation of any permit currently held:

For any person to falsely represent himself or herself as eligible for a parking permit or to furnish false information in an application therefor;

For any person holding a valid parking permit issued pursuant hereto to permit use or display of or to use or display such permit on a motor vehicle other than that for which the permit was issued;

For any person to copy, reproduce or otherwise bring into existence a facsimile or counterfeit parking permit or permits without written authorization from the Administrative Services Department;

For any person to knowingly use or display a facsimile or counterfeit parking permit in order to evade time limitations on parking applicable in a residential parking permit area;

For any person holding a valid parking permit issued pursuant hereto to sell, give or exchange said permit to any other person;

For any person to knowingly commit any act which is prohibited by the terms of this chapter or any ordinance enacted by authority granted by this chapter.

(Ord. No. 13202, § 1, 12-10-2013)

The Director of Public Works or his or her designee shall have discretion in the implementation, and/or interpretation of this chapter.

(Ord. No. 13202, § 1, 12-10-2013)

A.

Master residential parking permits shall be issued by the Office of Finance in accordance with requirements set forth in this chapter. Each such permit shall be designed to state or reflect thereon the license number of the motor vehicle for which it is issued. A master residential parking permit can only be granted to a qualified car sharing organization, which is a designation granted by the Public Works Department.

B.

A master residential parking permit entitles the driver of a registered car sharing vehicle to park the car sharing vehicle in any residential parking permit zone as if the member had a residential parking permit for the specific zone as designated by chapter 10.44.050, even if the member is not a resident or employee within the approved zone.

C.

The master residential parking permit shall not guarantee or reserve a parking space for the car sharing member.

D.

This chapter shall not exempt the car sharing member or permit holding car sharing organization from other traffic controls and regulations.

E.

This chapter shall not permit the permit parking holder to leave standing his or her vehicle for more than 72 hours.

F.

The Office of Finance shall issue master residential parking permits with a term of one year. A car sharing organization can apply for any quantity of master parking permits, but they can only be used on designated car sharing vehicles. Permits can only be granted once per year, but replacements can be issued at the discretion of the Office of Finance in consultation with the Public Works Department. The Office of Finance and the Public Works Department will review the quantity of master parking permits requested by the car sharing organization to balance the parking needs of the car sharing organization with the on-street parking needs of private residents and employees.

G.

Renewal of master residential parking permits shall be subject to the same conditions imposed on new permits.

H.

The Office of Finance is authorized to issue such rules and regulations, not inconsistent with this chapter, governing the issuance and display of residential parking permits.

I.

Any car sharing organization to which a residential parking permit has been issued pursuant to this section shall be deemed a master parking permit holder.

J.

The fee for the initial, renewal, or replacement master residential parking permit shall be assessed the corresponding fees set forth in the city master fee schedule. The annual total fee paid to the City for all master residential parking permits shall reflect the average annual number of car sharing vehicles that regularly park overnight within the City of Oakland. The average annual number of car sharing vehicles will be assessed by the Public Works Department in consultation with the Office of Finance and the car sharing organization.

(Ord. No. 13301, § 1, 3-31-2015)