Chapter 10.41 — PREFERENTIAL PARKING

This chapter shall be known as the "Preferential Parking Ordinance."

(Ord. 6665 § 2 (part), 1996)

For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set forth, unless it shall be apparent from the context that they have a different meaning:

"Guest" shall mean a person who is visiting in a dwelling unit located in a preferential parking district.

"Merchant" shall mean the owner of a business legally operating within a preferential parking district.

"Nonlocal vehicle" shall mean a motor vehicle parked in a residential area which is not owned, leased or otherwise controlled by a "resident," a "merchant" or a "guest," as such terms are defined in this section.

"Preferential parking district" shall mean a residential area with streets and boundaries designated by a city council resolution wherein vehicles displaying a valid permit shall be exempt from parking restrictions established pursuant to this chapter.

"Resident" shall mean a person who lives in a dwelling unit located in a preferential parking district.

(Ord. 6665 § 2 (part), 1996)

Any qualifying vehicle which has been issued a physical or virtual preferential parking permit for a street within a preferential parking district may:

A.

Park on that street during the hours when parking on such street is prohibited to non-permitted vehicles; or

B.

Park beyond the time limits indicated on signs on that street during the hours when parking on such street has time limits for non-permitted vehicles.

A preferential parking permit shall neither guarantee nor reserve to the holder thereof any particular on-street parking space. A permitted vehicle shall obey all other parking rules, regulations and restrictions.

(Ord. No. 7431, § 5, 7-29-2024; Ord. No. 7262, § 2, 5-18-2015; Ord. 6665 § 2 (part), 1996)

A.

The director shall prepare rules and procedures for the designation of preferential parking districts setting forth the petition process, reporting requirements, criteria for designation of a preferential parking district and for the implementation and administration of this chapter. Those rules and procedures, and any revisions thereto, shall be effective upon approval by the city council.

B.

A preferential parking district shall be created:

Where the city council has found that unrestricted parking by nonlocal vehicles creates a situation in which the streets cannot be used for parking by the residents or their guests and that such unrestricted parking substantially and unreasonably, regularly interferes with the use of a majority of the available public street parking, is the source of unreasonable noise, traffic hazards, environmental pollution or of other interference with the residential environment, and detrimentally affects the public welfare; or

Where hourly time limited parking restrictions are in place in residential areas for the purpose of limiting parking intrusion from institutional and/or commercial uses.

(Ord. 6665 § 2 (part), 1996)

(Ord. No. 7262, § 3, 5-18-2015)

Preferential parking districts may be designated or dissolved by a city council resolution. The city council shall, pursuant to the rules and procedures for designation of preferential parking districts then in effect, consider for designation as preferential parking districts those areas satisfying the criteria established in said rules and procedures. If the council determines that the criteria have been met, that the procedures have been followed and that the findings in subsection B of Section 10.41.030 can be made, it may establish, by resolution, preferential parking districts with appropriate boundaries.

(Ord. 6665 § 2 (part), 1996)

The preferential parking designation shall not apply to any specific street within the district until a sign giving adequate notice thereof has been installed on that street. The director will cause the installation of such signs on the streets in preferential parking districts, in an order and timing in his or her discretion according to sound traffic engineering principles, indicating that there is no parking between specified hours except for vehicles that have been issued a physical or virtual preferential parking permit.

(Ord. No. 7431, § 5, 7-29-2024; Ord. 6665 § 2 (part), 1996)

Preferential parking referenced in this chapter shall be in effect and enforced on such days of the week and during such time periods as shall be determined by the director, based upon sound traffic engineering principles, traffic investigation and surveys made from time to time, and shall be posted upon such streets. Nothing in this chapter shall be construed as permitting overnight parking or to permit parking during times or hours, or by type of vehicle otherwise prohibited in this title or by any provision of the California Vehicle Code.

(Ord. 6665 § 2 (part), 1996)

The vehicles listed in this section may park in a preferential parking district without a preferential parking permit; therefore, Section 10.41.150 of this chapter shall not apply to any of the following: vehicles lawfully displaying a special identification license plate or placard issued to a disabled person; vehicles of disabled veterans, emergency vehicles and other vehicles explicitly exempted from observing parking regulations pursuant to the applicable provisions of the California Vehicle Code, and vehicles exempted from this title by Section 10.12.050.

(Ord. 6665 § 2 (part), 1996)

The director shall issue preferential parking permit applications and shall issue physical or virtual permits, by street or streets, upon proper application therefor. Permits shall be issued only as follows: Annual permits shall be issued for passenger vehicles, pick-up trucks and vans but only upon application of a resident or merchant who is the currently registered owner. Each application and reapplication shall be on a form provided by the director and shall contain sufficient information to satisfy the director as to the identity and qualifying address of the applicant, the applicant's registered ownership, the license number of the vehicle and proof of current registration. No more than one annual permit shall be issued for each vehicle for which application is made. No more than three annual permits shall be issued to any dwelling unit or merchant at any point in time. The director may withhold issuing any permit for a vehicle for which there is evidence of

any outstanding, unpaid parking violation. Permits shall be issued, denied or conditionally issued within 30 days of application. Any person wishing to contest a denial must do so in writing to the director within ten days of the date of the notification of denial, setting forth all the facts which the permit holder wishes the director to consider, and a decision thereon shall be made by the director within 15 days of receipt.

(Ord. No. 7431, § 5, 7-29-2024; Ord. 6665, § 2 (part), 1996)

Upon application, the director shall issue up to three, annual guest permits to every residential dwelling unit. No guest permits shall be issued to merchants. An annual guest permit is transferable, without restriction, among guests. No more than three such annual permits shall be issued to any residential dwelling unit unless reapplication is made and proof is provided, to the satisfaction of the director, that an issued permit was lost, stolen or destroyed. In addition to the annual guest permits, and upon application by a resident, the director may issue one day guest passes to residents to authorize temporary parking for guest vehicles.

(Ord. 6665 § 2 (part), 1996)

(Ord. No. 7301, § 4, 5-8-2017)

The director shall receive applications for preferential parking permits from duly authorized representatives of organizations, professions or other designated groups with real property interests within the preferential parking district where the director determines, based upon sound engineering principles, traffic investigation and/or surveys made from time to time, that such permits will further the objectives of this chapter and will not adversely affect parking conditions for residents and merchants within the district. Permits shall be issued on payment of fees established by resolution of the city council, in numbers consistent with the determination of the director and on certification by applicant of compliance with this chapter and all applicable laws, rules and regulations. Permits shall be issued, denied or conditionally issued within 30 days of application. Any person wishing to contest a denial must do so in writing to the director within ten days of the date of the notification of denial, setting forth all the facts which the applicant wishes the director to consider, and a decision thereon shall be made by the director within 15 days of receipt.

(Ord. 6855 § 1, 2001)

Each preferential parking permit shall state the street or streets on which it is valid, the expiration date and any additional information required by the director.

(Ord. 6665 § 2 (part), 1996)

A.

Each virtual preferential resident and guest parking permit issued pursuant to this chapter shall be valid for a consecutive 12-month period following its issuance date. Permits must be renewed annually, for which applicants shall be responsible in maintaining the permit status as current.

B.

Each application, reapplication and renewal application shall be made and considered in the manner set forth in Section 10.41.080 or 10.41.090 of this chapter, as applicable, for permit type.

C.

Each application, reapplication and renewal application shall be accompanied by the nonrefundable fee specified by resolution of the city council.

(Ord. No. 7431, § 5, 7-29-2024; Ord. 6665 § 2 (part), 1996)

Preferential parking permits issued are virtual and assigned to the vehicle license plate(s) approved during the application process. Therefore, the license plate(s) shall be considered the permit and no physical permit shall need to be displayed. When applicable, printed one-day guest passes shall be visibly displayed on the driver's side dashboard, so as to be readily visible and readable through the windshield.

(Ord. No. 7431, § 5, 7-29-2024; Ord. No. 7301, § 4, 5-8-2017; Ord. 6665 § 2 (part), 1996)

The director may revoke the permit of any permittee under any of the following grounds: ineligibility for a permit under the terms of this chapter at the time of the application; ceasing to be eligible during the term of the permit; failing to comply with or violating any condition imposed on the issuance of a permit; or failing to comply with or violating the requirements of this chapter or any related law or regulation. Written notification shall be given to permittee stating grounds for revocation and requesting surrender of the permit. Except as set forth below, the permit shall be considered void on the sixth day after the date of notification. Any person whose permit has been revoked shall not be issued a new permit without reapplication and establishing eligibility pursuant to this chapter to the reasonable satisfaction of the director. Anyone wishing to contest a revocation must do so, in writing, and cause it to be filed with the director within five (5) days of the date of the notification of revocation, setting forth all the facts which the permit holder wishes the director to consider, and a decision thereon shall be made by the director within 15 days of receipt. If such a contest is timely filed, revocation shall be stayed until the director's decision is made.

(Ord. 6855 § 2, 2001: Ord. 6665 § 2 (part), 1996)

The following violations of this chapter shall be subject to the civil parking penalties established by the city council:

A.

Stopping, standing or parking a vehicle adjacent to any curb on a preferential parking street in violation of any posted or noticed prohibition or restriction, without display of a valid and current preferential parking permit, guest permit or guest pass for that street, unless the vehicle is otherwise exempt to the extent authorized by law.

B.

Copying, producing, creating or displaying a facsimile or a counterfeit physical or guest preferential parking permit.

C.

Falsely representing one's self as eligible for a preferential parking permit or willfully furnishing false information in an application therefor.

(Ord. No. 7431, § 5, 7-29-2024; Ord. No. 7262, § 4, 5-18-2015; Ord. 6665, § 2 (part), 1996)