Chapter 10.64 — RESIDENTIAL PERMIT PARKING

Editor's note— Ord. No. 2012-05, § 1, adopted Dec. 5, 2012, set out provisions intended for use as Ch.

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 chapter, and except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Section 18.04.379 of Chapter 18.04 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.

"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 or preparing and processing permits, the costs of preparation, installation, maintenance and removal of the residential parking permit are signs, and the costs of enforcing violations of Section 10.64.110 of this chapter.

"Chief of police" means the chief of police of the city or his designated representative.

"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.

"Lease" means that a person pays rent to other remuneration for use of parcel of real property.

Motor vehicle" means an automobile, truck or other motor driven form of transportation not in excess of six thousand pounds gross weight.

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

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

"Person" means a natural person.

"Residential area" means a contiguous or substantially contiguous area in which residents dwell and which contains public street and highways or parts thereof.

"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 chapter.

"Residential 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.

(Ord. No. 2012-05, § 1, 12-5-2012)

The council shall, upon recommendation of the chief of police, consider for designation as residential permit parking area those residential areas satisfying the designation criteria established in this chapter.

(Ord. No. 2012-05, § 1, 12-5-2012)

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 of police 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 of police and the city council shall take into account factors which include but are not limited to the following:

The extent to which an apartment complex, school site or other parking attractor attracts commuter vehicles parking in the residential area during the period and days proposed for parking restriction;

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

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;

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

The extent to which vehicles parking in the area during the period proposed for parking restriction are commuter vehicles rather that resident vehicles.

(Ord. No. 2012-05, § 1, 12-5-2012)

A.

Upon receipt of a verified petition by residents of at least one hundred dwelling units in the residential area proposed for designation or residents living in fifty percent of the living units in the area proposed for designation, whichever is lesser, the chief of police 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 council.

B.

Within thirty days of the completion of surveys and studies to determine whether designation criteria are satisfied, the chief of police or his designee shall prepare and file with the city clerk a written report to the city 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 10.64.030 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 of police or his designee shall set the matter for public hearing before the city 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 of police'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 city 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 city 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 city 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 percent but no more than seventy-five percent 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 city council determines necessary and the public interest may also be imposed as a condition of approval and continued implementation of the designation.

(Ord. No. 2012-05, § 1, 12-5-2012)

The council shall conduct a public hearing on the date established therefor pursuant to Section 10.64.040 of this chapter to consider whether a residential area should be designated as a residential permit parking area. Following such hearing, the city council shall adopt, modify or reject the recommendation of the chief of police. In the alternative, the city council may refer the proposed designation to the chief of police 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 city council pursuant to Section 10.64.040 of this chapter. The fee shall be established in accordance with Section

(Ord. No. 2012-05, § 1, 12-5-2012)

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 10.64.030 through

of police upon his own initiative.

(Ord. No. 2012-05, § 1, 12-5-2012)

Upon the adoption by the city council of an ordinance 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 city council pursuant to Section 10.64.040 of this chapter, 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.

(Ord. No. 2012-05, § 1, 12-5-2012)

Each parking permit issued hereunder shall be valid from January 1 of the year of issuance to December 31 of the ensuing year. Permits may be renewed annually upon reapplication in the manner required by the chief of police. 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 of police.

(Ord. No. 2012-05, § 1, 12-5-2012)

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.

(Ord. No. 2012-05, § 1, 12-5-2012)

A.

Parking permits shall be issued by the chief of police. Each such permit shall be designed by chief of police to state or reflect thereon the particular residential permit parking area. No more than one parking permit shall be issued to each motor vehicle for which application is made. The chief of police is authorized to

promulgate rules and regulations, not inconsistent with this chapter, 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:

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.

C.

Proof of residency or ownership shall be demonstrated in a manner determined by the chief of police.

D.

Proof of motor vehicle ownership or vehicle use and control shall be demonstrated in a manner determined by the chief of police.

(Ord. No. 2012-05, § 1, 12-5-2012)

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 chapter.

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.

(Ord. No. 2012-05, § 1, 12-5-2012)

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

(Ord. No. 2012-05, § 1, 12-5-2012)

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 copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit or permits without written authorization from the chief of police. 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 area. Violation of this section is a misdemeanor.

(Ord. No. 2012-05, § 1, 12-5-2012)

The chief of police 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 chief of police. 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.

(Ord. No. 2012-05, § 1, 12-5-2012)

The chief of police may promulgate rules and regulations implementing this chapter.

(Ord. No. 2012-05, § 1, 12-5-2012)