Chapter 11.49

SAN JOSÉ STATE UNIVERSITY PARKING PERMIT AREA

Parts:

• 1 General Provisions

• 2 Permit Parking Area

• 3 Parking Prohibition

• 4 Exceptions to Prohibition

• 5 Types of Parking Permits, Issuance and Renewal

• 6 Denial Or Revocation Of Residential Special Use Parking Permits

Part 1

GENERAL PROVISIONS

Sections:

• 11.49.030 Director.

• 11.49.040 Permit times.

• 11.49.050 San José State University permit parking area.

• 11.49.060 Student.

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 25959.)

"Administrator" means the San José State University representative charged with administering parking permits in accordance with the provisions of this chapter and the San José State University parking permit procedures on behalf of San José State University.

(Ord. 25959.)

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§ 11.49.030

"Director" means the director of the department of streets and traffic. (Ord. 25959.)

"Permit times" mean the time periods during which a permit is required in order to park in the San José State University permit parking area. (Ord. 25959.)

"San José State University permit parking area" means any area designated in Part 2 of this chapter where a permit is required to park on the street during the time periods designated in this chapter. (Ord. 25959.)

"Student" means any person enrolled in at least one class at San José State University during the semester for which the permit is issued. (Ord. 25959.)

Part 2

PERMIT PARKING AREA

of San Fernando Street and a point seven hundred sixty-seven feet south of San Fernando Street, and

• D. The south side of San Fernando Street between a point forty-eight feet east of Fifth Street and a point two hundred sixty-five feet east of Fifth Street, and

• E. The south side of San Fernando Street between Seventh Street and Eighth Street, and

• F. The south side of San Fernando Street between Ninth Street and a point two hundred sixty feet west of Ninth Street, and

• G. The west side of Tenth Street between San Fernando Street and Elizabeth Street, and

• H. The west side of Tenth Street between a point one hundred seventy-six feet south of San Fernando Street and a point two hundred twenty-one feet south of San Fernando Street, and

• I. The west side of Tenth Street between San Salvador Street and a point seven hundred seventy-four feet north of San Salvador Street.

(Ord. 25959.)

Sections:

Part 3

PARKING PROHIBITION

Sections:

The San José State University permit parking area shall consist of the following streets and portions of streets:

• A. The north side of San Salvador Street between Tenth Street and Eighth Street, and

• B. The north side of San Salvador Street between Seventh Street and Sixth Street, and

• C. The east side of Fourth Street between a point five hundred seventy-four feet south

• A. Except as otherwise specified in this chapter, no person shall park a vehicle on any street in the San José State University permit parking area during the permit times unless such vehicle has a properly displayed and valid parking permit issued pursuant to this chapter.

• T11:68

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§ 11.49.400

• B. The permit times are between the hours of 8 a.m. and 5 p.m., Monday through Friday, from August 20 through December 20, and from January 20 through May 31, excluding holidays recognized by San José State University. Recognized holidays are those holidays in which classes are not being conducted at San José State University.

• C. The permit will allow the permit holder to park in the San José State University permit parking area for a period of no longer than three hours at any single time. This three hour restriction does not apply to residential special use permits.

• (Ord. 25959.)

• A. The director shall cause appropriate signs to be erected and maintained on all streets in the San José State University permit parking area.

• B. The signs shall provide clear notice of the days, times, and three hour parking limit applicable to the street upon which the sign is erected.

• C. The parking prohibition set forth in this chapter shall not be effective and enforceable on any street in the San José State University permit parking area unless the signs required by this section have been erected.

• (Ord. 25959.)

• A. Parking permits shall be displayed in the manner determined by the administrator.

• B. The administrator shall notify each permittee in writing of the proper manner in which to display a parking permit.

• C. The proper display on a vehicle of a valid parking permit issued pursuant to this chapter grants only the privilege of parking the vehicle in the San José State University permit parking area.

• D. Each vehicle displaying a parking permit shall be parked in a manner that conforms to all

  • other parking and vehicle regulations and laws established by this Code and by the California Vehicle Code.

• E. A valid parking permit issued under this chapter shall not guarantee or reserve to the holder an on-street parking space on any street in the San José State University parking permit area.

• (Ord. 25959.)

Part 4

EXCEPTIONS TO PROHIBITION

Sections:

The following types of vehicles may park within the San José State University permit parking area without a parking permit:

• A. Any commercial vehicle while making a pickup or delivery of goods, wares or merchandise from or to any building or structure located adjacent to any street in the San José State University permit parking area;

• B. Any commercial vehicle while under the control of a person involved in, or while delivering materials to be used in the maintenance, repair, alteration, remodeling or construction of any property that is located adjacent to any street in the San José State University permit parking area;

• C. Any vehicle owned by a public utility or a licensed contractor while necessarily in use in the construction, installation or repair of any public utility located adjacent to any street in the San José State University permit parking area;

• D. Any vehicle owned and operated by a government agency while engaged in government business;

• E. Any emergency vehicle, including, but not limited to, an ambulance, fire engine or police vehicle, while being operated on official business; or

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§ 11.49.400

• F. Any vehicle that displays the identifying disabled person's license plate or the disabled person's placard issued by the department of motor vehicles.

• (Ord. 25959.)

Part 5

TYPES OF PARKING PERMITS, ISSUANCE AND RENEWAL

Sections:

• 11.49.510 Issuance of student permit.

• 11.49.520 Application for residential special use permits.

• 11.49.530 Promulgation of rules by director.

• 11.49.540 Information required to apply for residential special use permits.

• 11.49.550 Permit for replacement vehicle.

• 11.49.560 Duration of permits.

• 11.49.570 Prohibition on sale or transfer.

• 11.49.580 Fees.

This chapter authorizes the following two types of permits: (1) student permits which are administered by San José State University, and (2) residential special use permits which are administered by the city.

(Ord. 25959.)

The administrator shall have the authority to issue student permits in accordance with the San José State University parking permit procedures and this chapter.

(Ord. 25959.)

• A. Upon proper application to the director, residential special use permits shall be issued under the following circumstances:

  1. The residential unit is located directly across the street from the San José State University permit parking area; and

  2. The residential unit is a single family dwelling and does not have at least two off-street parking spaces for its use; or

  3. The residential unit is a multi-family dwelling and does not have at least one off-street parking space per dwelling unit.

• B. A maximum of two residential special use permits will be provided to each single family dwelling and a maximum of one residential special use permit will be provided to each dwelling unit within a multi-family dwelling.

• C. Students who have access to university parking permits will not be eligible for residential special use permits.

• D. Residential special use permits are not be subject to the three hour limitation set forth above.

• E. Residential special use permits may be transferred among cars belonging to the occupants of the dwelling in connection with which the permit was issued.

• (Ord. 25959.)

The director shall:

• A. Promulgate rules and regulations for the determination of the manner in which proof of eligibility for residential special use permits shall be demonstrated; and

• B. Promulgate all other rules and regulations, not inconsistent with this chapter, which the director determines are necessary for governing the manner in which persons shall qualify for residential special use permits.

(Ord. 25959.)

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§ 11.49.600

Each application for a residential special use permit shall contain the following information:

• A. The name of the applicant;

• B. Information sufficient to demonstrate that the applicant is a resident of property located adjacent to a street in the San José State University permit parking area;

• C. The license number of the vehicle(s) for which a permit is sought and information sufficient to establish applicant's ownership or use and control over such vehicle; and

• D. Such other information as may be deemed relevant by the director.

• (Ord. 25959.)

• A. Whenever the holder of a valid residential special use parking permit replaces the vehicle for which the parking permit was issued with another vehicle, a new permit for the replacement vehicle shall be issued upon return of the old permit.

• B. There shall be no charge for the new residential special use parking permit.

• C. The new residential special use parking permit shall have the same expiration date as the permit that it is replacing.

• (Ord. 25959.)

• A. Residential special use permits shall be valid for two years from the date of issuance.

• B. Student permits shall be valid for a period of one semester.

• C. All parking permits issued pursuant to this chapter shall clearly indicate the date upon which they expire.

• D. Residential special use parking permits issued pursuant to this chapter may be renewed in accordance with the rules established by the director.

• (Ord. 25959.)

• A. No person shall sell, transfer or allow another person to use a parking permit issued pursuant to this chapter except for transfers pursuant to Section 11.49.520.

• B. No person shall purchase, transfer, acquire or obtain a parking permit described in this chapter except for transfers pursuant to Section 11.49.520 of this chapter.

• (Ord. 25959.)

• A. There will be no fee for a residential special use permit.

• B. Any fee for a student permit will be determined by the administrator in accordance with the San José State University parking permit procedures.

• (Ord. 25959.)

Part 6

DENIAL OR REVOCATION OF RESIDENTIAL SPECIAL USE PARKING PERMITS

Sections:

• 11.49.600 Denial or revocation of residential special use parking permits.

• 11.49.610 Appeal for residential special use parking permits.

• 11.49.620 Hearing for residential special use parking permits.

The director may deny an application for issuance or renewal of a residential special use permit described under this chapter, or revoke a residential special use parking permit issued under this chapter, upon determining that the applicant or permittee has:

• A. Supplied the director with incorrect information;

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§ 11.49.600

• B. Violated any conditions placed upon the parking permit; or

• C. Otherwise failed to comply with the provisions of this chapter, or any rules or regulations promulgated by the director pursuant to this chapter.

• (Ord. 25959.)

• A. The director shall notify an applicant or permittee, in writing, of the director's decision to deny or revoke a residential special use parking permit.

• B. The notice of decision shall state the grounds for denial of the application or revocation of the residential special use permit and shall notify the applicant or permittee of the opportunity for a hearing pursuant to this chapter.

• C. The notice of decision shall become final unless a written request for hearing is received by the director within ten days after the date of the notice of decision.

• (Ord. 25959.)

• A. Upon receipt of a timely written request for a hearing on a notice of decision to deny an application for a residential special use parking permit or to revoke a residential special use parking permit, the director shall schedule a hearing. The director promptly shall notify the applicant or permittee of the hearing date, time and location.

• B. The hearing with the hearing officer shall be held within ten business days after receipt of the request for hearing.

• C. At the hearing, the permittee or applicant may present any relevant evidence. The hearing will be conducted informally and the technical rules of evidence shall not apply. Any person may represent the permittee or applicant.

• D. After closing the hearing, the hearing officer shall provide a verbal decision sustaining, re-

versing or modifying the decision to deny or revoke a residential special use parking permit. A written notice of final decision shall be hand delivered or sent by mail to the permittee or applicant.

• E. The decision of the director shall be final. (Ord. 25959.)