San Bruno Municipal Code Ch. 7.18 Residential Permit Parking

The city council is enacting the ordinance codified in this chapter in order to:

A. Create a preferential parking program for streets impacted by transit facilities, or external or other parking impact generators, which program is necessary to alleviate certain nuisance parking by nonresident vehicles and to provide reasonably available and convenient parking for the adjacent resident;

B. Protect the residents of designated residential parking permit districts from unreasonable burdens in gaining access to their residences;

C. Preserve the character of designated residential parking permit districts as residential neighborhoods;

D. Promote the peace, comfort, convenience and welfare of all inhabitants of the city;

E. Promote a cooperative effort among neighbors in dealing with a shortage of parking spaces on the streets where they reside;

F. Create procedures that will enable residents of the city to request the establishment of neighborhood parking restrictions within the area in which they live which are in addition to, and likely to be more restrictive than, the city's standard parking regulations for such area based upon established criteria as set forth in this chapter;

G. Provide for the issuance of a certain number of parking permits to the residents of such designated areas, the display of which will serve to exempt their vehicles from the parking restrictions.

(Ord. 1697, 2004; Ord. 1877 § 2, 2019; Ord. 1900 § 3, 2021)

The city council finds:

A. That commuter vehicles, defined as those vehicles operated by persons whose destinations are to nonresidential areas, and vehicles associated with external or other parking impact generators, do or may substantially and regularly interfere with the use of the majority of available public street or alley parking spaces by adjacent residents;

B. That the interference by the commuter and other vehicles referred to in subsection A of this section occurs at regular and significant daily or weekly intervals;

C. That the majority of the residents adjacent to the proposed preferential residential permit parking district support its creation and are impacted by BART or Caltrain transit facilities, or external or other parking impact generators;

D. That no unreasonable displacement of commuter and other such vehicles will result into surrounding residential areas;

E. That a shortage of reasonably available and convenient residential relating parking spaces exists in the area of the proposed zone; and

F. That no alternative solution is feasible or practical.

(Ord. 1697, 2004; Ord. 1877 § 2, 2019; Ord. 1900 § 3, 2021)

As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section:

"Demonstrated need"

means and includes, but is not limited to, a situation where the city council determines that there is strong support by the residents within a proposed residential permit parking district for creating such a district due to measured impacts from either BART or Caltrain transit facilities, or external or other parking impact generators.

"Display"

means to maintain and associate with the subject vehicle a placard, sticker, or other identifying object, whether physical or electronic.

"Dwelling unit"

means a house, apartment, condominium, townhouse, or other type of residence, designed and used exclusively for residential occupancy, but not including motels or hotels.

"Guest"

means a person who visits or is employed by a resident within a residential permit parking district.

"Motor vehicle"

means an automobile, truck, motorcycle or other motor-driven form of transportation not in excess of ten thousand pounds gross weight.

"Nonresident vehicle"

means a motor vehicle parked or left standing in a designated residential permit parking district without having displayed thereon a parking permit for such district issued by the city pursuant to this chapter, regardless of whether such motor vehicle is owned or being used by a resident of the designed permit parking district.

"Owner"

means a person that has at least a one-half interest in a parcel of real property within a residential permit parking district.

"Parking permit"

means a permit issued by the city pursuant to this chapter to a resident of a designated permit parking district for display on a vehicle owned or used by such resident or his or her guests which is parked or left standing within the boundaries of such district.

"Parking restrictions"

means the amount of time, and/or the day and time of day, vehicles shall be prohibited from parking on a street in a residential permit parking district except with a valid permit. An example of such restrictions may include, "two-hour parking, seven a.m. to six p.m. Monday through Friday, holidays and permits exempted."

"Resident"

means any person eighteen years of age or older whose legal residential address is a dwelling unit located within a residential permit parking district.

"Resident vehicle"

means a motor vehicle parked in a residential permit parking district that is currently registered with the State Department of Motor Vehicles to a resident residing at an address within the residential permit parking district.

"Residential permit parking district"

means a contiguous or nearly contiguous residential area with streets or boundaries designated by resolution of the city council establishing the district wherein vehicles displaying a valid permit shall be exempt from parking restrictions established pursuant to this chapter.

(Ord. 1697, 2004; Ord. 1877 § 2, 2019; Ord. 1900 § 3, 2021)

The following criteria shall be used by the city council in determining whether a residential permit parking district shall be established:

A. A residential parking permit district shall only be considered for streets substantially impacted by BART or Caltrain transit facilities, or an external or other parking impact generator.

B. There shall be a "demonstrated need" for the establishment of a residential parking permit district before considering implementation. This may include, but is not limited to, a petition by the residents within the proposed district documenting a strong level of support for the formation of such a district and measuring the actual impacts caused by nonresident vehicles utilizing a transit facility.

C. Requests to establish residential parking permit districts on specific streets shall be reviewed by the public works department. Review shall validate compliance with the demonstrated need criteria and recommend the specific parking restrictions that are to be imposed within the district.

D. Establishment of a residential parking permit district shall be through council resolution.

(Ord. 1697, 2004; Ord. 1877 § 2, 2019; Ord. 1900 § 3, 2021)

The city council may modify the boundaries of a designated residential permit parking district or any of the parking restrictions applicable to such area, or the council may abolish the entire district or rescind any of such restrictions by resolution following a public hearing.

(Ord. 1697, 2004; Ord. 1877 § 2, 2019; Ord. 1900 § 3, 2021)

A. Persons residing within a designated permit parking district may apply to the police department for parking permits, which shall be granted upon payment of the application fee and submittal of documentation acceptable to the chief of police, or his or her authorized representative, showing proof of residency and matching proof of vehicle registration from the owner residing within the designated district to use each motor vehicle for which a parking permit is requested.

B. The city council shall, by resolution, adopt Residential Parking Permit Program Guidelines and Procedures, which may be amended from time to time, and which will govern the implementation and operation of the program.

C. Permits will not be issued for trailers, boats, mobile homes, construction related equipment or commercial vehicles exceeding six thousand pounds gross vehicle weight.

D. The number of permits that may be issued to the occupants of each dwelling unit located within the designated permit parking district shall not exceed two per dwelling unit, provided, however, that the chief of police, or his or her designee, upon the showing of special circumstances or unavoidable hardship, shall have authority to issue a greater number of parking permits to the occupants of any dwelling unit within the designated permit parking district.

E. Parking permits shall be issued for a term of two years and may be renewed for additional terms of two years upon payment of the renewal fee and, if requested by the chief of police, upon resubmittal of the applicant's proof of residency and proof of vehicle ownership.

F. The chief of police shall determine from time to time the manner in which vehicles will be required to display residential parking permits.

G. The chief of police shall have authority to issue rules and regulations concerning the granting, renewal and display of parking permits, provided the same are consistent with the terms and provisions of this chapter.

H. In the event any person is denied a permit to park within the designated residential permit parking district, he or she shall have the right to appeal the decision in accordance with Chapter 1.32 (Appeals to Council) of this code.

(Ord. 1697, 2004; Ord. 1877 § 2, 2019; Ord. 1900 § 3, 2021)

The Council may establish, by resolution, fees for the issuance of residential parking permits, guest parking permits and for the replacement of lost, damaged or destroyed permits or stickers as set forth in the city's master fee schedule.

(Ord. 1697, 2004; Ord. 1877 § 2, 2019; Ord. 1900 § 3, 2021)

Residential or guest parking permits shall terminate upon any of the following events:

A. When the vehicle for which a permit has been issued is either transferred or sold;

B. When the permit holder no longer owns, resides in, or leases a residence within the residential permit parking district;

C. Upon the expiration of the calendar years for which a permit has been issued.

(Ord. 1697, 2004; Ord. 1877 § 2, 2019; Ord. 1900 § 3, 2021)

A. An eligible applicant may obtain a guest parking permit for the purpose of allowing a guest to park within the residential permit parking district.

B. An eligible applicant for a guest parking permit shall be any person eligible to obtain a residential parking permit pursuant to criteria set forth in this chapter.

C. Guest parking permits shall be issued as specified in the Residential Parking Permit Program Guidelines and Procedures.

(Ord. 1697, 2004; Ord. 1877 § 2, 2019; Ord. 1900 § 3, 2021)

Parking permits shall be displayed as provided in the Residential Parking Permit Program Guidelines and Procedures.

(Ord. 1697, 2004; Ord. 1877 § 2, 2019; Ord. 1900 § 3, 2021)

A. Prior to the posting of signs, the city council shall adopt a resolution designating the boundaries of a residential permit parking district, the time limitation upon parking within the district, and the days and hours during which parking shall be restricted, as determined by the city council after the public hearing.

B. The parking restriction established for a residential permit parking district shall become effective and enforceable upon the posting of street signs giving notice of such restrictions to the public in the manner prescribed by the California Vehicle Code. The public works director shall have the responsibility of installing and maintaining such signs.

C. Street signs giving notice of parking restrictions shall be double sided and placed so as not to be more than one hundred fifty feet between signs.

(Ord. 1697, 2004; Ord. 1877 § 2, 2019; Ord. 1900 § 3, 2021)

A. It is the sole responsibility of the owner, operator, or manager of a vehicle for which a valid parking permit has been issued to become familiar with the provisions for and limitation on the use of the parking permits. Ignorance of the provisions and limitations of this chapter is not a defense against any action brought about due to an illegal use of the permit.

B. Violations of this section shall be deemed to be an infraction and each person in violation of this section shall pay a fine in such amount as established from time to time by resolution of the city council. It is unlawful and a violation of this chapter, unless expressly provided to the contrary herein, for any person:

1. To park a motor vehicle in excess of the posted time restrictions on a street in a residential permit parking district without a valid parking permit properly affixed;

2. To park a motor vehicle within a residential permit parking district with parking permit evidencing that such permit has expired or has been terminated or is not valid for the area in which such vehicle has been parked;

3. To falsely represent himself or herself as eligible for a parking permit or to furnish false information in an application for any such permit;

4. To use or display a parking permit on a motor vehicle other than that vehicle for which such permit was issued;

5. To sell, lend or otherwise permit the use or display of a parking permit for the purpose of profit or favor;

6. To copy or create a facsimile or counterfeit parking permit, nor shall any person use or display a counterfeit parking permit;

7. To park a motor vehicle upon any street during those hours in which parking is prohibited for street sweeping, road repair, or during emergencies.

C. All nonresident vehicles which are parked or left standing in violation of any parking restriction established pursuant to this chapter shall be subject to the same fines and penalties in effect for such area.

D. For violation of this chapter, the chief of police, or his or her authorized representative, may revoke the residential parking permit of any person found to be in violation of this chapter. Upon written notification thereof, the person shall surrender such permit to the chief of police, or his or her authorized representative. Failure to do so shall constitute a separate violation of this chapter. Any appeal of the decision to revoke the residential parking permit shall be made in accordance with Chapter 1.32 (Appeals to Council) of this code.

(Ord. 1697, 2004; Ord. 1877 § 2, 2019; Ord. 1900 § 3, 2021)

A. A motor vehicle on which is displayed a valid, unexpired parking permit shall be permitted to stand or be parked within the designated permit parking district for which such permit has been issued without being subject to the neighborhood parking restrictions established for such district pursuant to this chapter. Such parking permit shall not constitute the guarantee or reservation of an on-street parking space for the exclusive use of the permit holder.

B. Nothing contained in this chapter shall be interpreted in a manner that will affect, impair, or supersede the enforcement of any other state or local laws, ordinances, or regulations, whether pertaining to parking or otherwise, and the same shall continue to be applied with full force and effect in all designated permit parking areas. In the event of any conflict or inconsistency with the parking restrictions established pursuant to this chapter, such other laws, ordinances and regulations shall be controlling.

C. This chapter shall not permit the residential permit parking holder to leave standing his or her vehicle for more than seventy-two hours nor during the times posted for street sweeping, if applicable.

D. The following vehicles are specifically exempted from the parking restrictions imposed by this chapter:

1. Motor vehicles being used by persons with disabilities meeting the requirements of Section 22511.5 of the California Vehicle Code and displaying a valid, unexpired identification placard;

2. Ambulances, fire department vehicles, police vehicles, authorized emergency vehicles as defined by state law, public utility vehicles engaged in work in the designated residential parking permit area or other official city vehicles used in the course of official government business;

3. Commercial vehicles parked for the purpose of loading or delivering of goods, wares or merchandise from or to any building or structure in a residential permit parking district or delivering materials to be used in the repair, alteration, remodeling, construction or reconstruction of any such building or structure for which a building permit has previously been obtained.

(Ord. 1697, 2004; Ord. 1877 § 2, 2019; Ord. 1900 § 3, 2021)