Santa Barbara County Municipal Code Ch. 23B Permit Parking Program

This chapter is enacted pursuant to authority granted by sections 22507 and 22507.5 of the California Vehicle Code to alleviate serious problems in identified residential areas of the unincorporated area of the county due to motor vehicle congestion, particularly the long-term parking of motor vehicles on the streets of such areas and neighborhoods by nonresidents thereof. In order to protect and promote the integrity of these areas and neighborhoods, it is necessary to enact regulations restricting unlimited parking by nonresidents therein, while providing the opportunity for residents to park near their homes. This chapter shall be known as the permit parking program, and will hereinafter be referred to as this "chapter."

(Ord. No. 4685, § 1)

For purposes of this chapter and any implementing resolutions, the following words and phrases shall have the meanings ascribed to them by this section:

(a) "Director" means the director of public works or his/her designee.

(b) "Hotel" means a building or group of buildings or portion of a building which is designed for or occupied as the temporary abiding place of individuals for less than thirty consecutive days including, but not limited to establishments held out to the public as auto courts, bed and breakfast inns, hostels, inns, motels, motor lodges, time share projects, tourist courts and other similar uses.

(c) "Motor vehicle" means a motor vehicle as defined by section 415 or as hereinafter amended, of the California Vehicle Code.

(d) "Park" or "parking" means the standing of a motor vehicle or vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

(e) "Permit parking area" means a designated area for which a parking permit is required pursuant to this chapter or any resolution adopted to implement this chapter.

(f) "Permit parking zone" means a permit parking area.

(g) "Permitted vehicle" means a motor vehicle for which a permit has been issued.

(h) "Stop" or "stopping" means any cessation of movement of a motor vehicle or vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device or signal.

(i) "Vehicle" means a vehicle as defined by section 670 of the California Vehicle Code and successor statutes.

(Ord. No. 4685, § 1)

Based on the criteria established in this chapter, the Santa Barbara County board of supervisors (board of supervisors) may designate by resolution any area of the unincorporated area of the County of Santa Barbara, which meets the criteria established by this chapter, as a permit parking area wherein the stopping, parking or standing of vehicles is prohibited or restricted on certain streets or highways, or portions thereof, during all or certain hours of the day, and giving preferential parking privileges to residents and merchants adjacent to the streets for their use and the use of their guests, under which the residents and merchants may be issued a permit or permits that exempt them from the prohibition or restriction of the resolution.

(Ord. No. 4685, § 1)

In determining whether to designate an area as a permit parking area or to establish or modify parking exemptions or restrictions within all or any portion(s) of that area, the board of supervisors may consider at least the following criteria:

(a) The extent to which the residents and merchants of an area desire and need permit parking;

(b) The extent to which on-street parking spaces are (1) available for use by motor vehicles and vehicles owned by residents, merchants and their guests, and (2) not occupied by motor vehicles or vehicles owned by other persons;

(c) The size and configuration of the area as it relates to enforcement of parking and traffic regulations and the potential impact of parking and traffic congestion on this and adjacent areas as the result of the establishment of a permit parking area.

(Ord. No. 4685, § 1)

(a) Upon the authorization of the board of supervisors, the Santa Barbara County public works department (public works department) shall undertake and hold such surveys, studies or public meetings deemed necessary in order to prepare a written report. The public works department shall thereafter submit a written report to the board of supervisors on the establishment of the proposed parking area.

(b) Publication shall be made, pursuant to Government Code Section 6066 of a notice of a hearing to be held before the board of supervisors for the adoption of a resolution establishing a permit parking area pursuant to this chapter, which notification shall include the location where a copy of the written report is available for public inspection, ten days before the public hearing.

(c) The designation process and the designation criteria set forth in this chapter shall be used by the board of supervisors to modify or terminate a permit parking area.

(Ord. No. 4685, § 1)

The written report required by section 23B-5, subsection (a), shall include, but shall not be limited to, the following:

(a) Boundaries of proposed permit parking area;

(b) Existing and proposed parking restrictions which may vary within a permit parking area;

(c) Information generated by surveys, studies and public meetings;

(d) Information upon which the board of supervisors may determine whether the criteria set forth in section 23B-4 of this chapter have been satisfied;

(e) Any other relevant information.

(Ord. No. 4685, § 1)

(a) The sheriff's department shall be responsible for the receipt of applications from and the issuance of parking permits to persons residing in or conducting business or other enterprises in a permit parking area.

(b) A parking permit may not be issued for use by motor vehicles that are prohibited from parking by chapter 23 of the Santa Barbara County Code. Additionally, a parking permit may not be issued for use by motor vehicles that are not legally licensed to travel on a public highway.

(c) Except for guest parking permits, a parking permit may only be used on the motor vehicle that is identified in the application.

(d) One 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 or an owner or operator of a commercial business establishment located within a designated permit parking area as determined by the Santa Barbara County sheriff's department.

(e) Up to two guest parking permits may be issued for each dwelling or business establishment within a designated permit parking.

(Ord. No. 4685, § 1)

(a) The sheriff's department shall develop and adopt application forms for acquiring parking permits.

(b) Applications for parking permits shall be submitted to the sheriff's department.

(c) The sheriff's department shall approve or reject applications for parking permits and shall issue parking permits authorized by this chapter.

(d) Except as otherwise provided, each parking permit issued by the sheriff's department shall be valid for a period not to exceed three years.

(e) Permits may be renewed every three years in the manner required by the sheriff's department.

(Ord. No. 4685, § 1; Ord. No. 4761, § 1, 9-28-2010)

Fees for implementing this chapter may be established by resolutions by the board of supervisors and such fees shall recover the actual costs incurred in the establishment, administration, operation and enforcement of the parking permit program authorized pursuant to this chapter.

(Ord. No. 4685, § 1)

To facilitate the implementation of this chapter, the sheriff's department shall establish procedures consistent with the purposes and provisions herein. These procedures may include, but need not be limited to, procedures for application, issuance, and enforcement of the permit parking program.

(Ord. No. 4685, § 1)

Upon adoption by the board of supervisors of a resolution designating a permit parking area, the director shall cause appropriate signs to be erected, indicating prominently thereon the parking limitation(s) or prohibition(s), the period(s) of the day for its application, and the fact that motor vehicles with valid permits shall be exempt therefrom.

(Ord. No. 4685, § 1)

The following vehicles shall be exempt from the parking restrictions imposed by this chapter:

(a) A motor vehicle on which is displayed a valid parking permit as provided for herein is exempt from any prohibitions or restrictions established pursuant to section 23B-3 of this chapter, provided that such motor vehicle is stopped, standing or parked in the permit parking area or portion thereof for which the permit is issued.

(1) A parking permit shall not guarantee the holder thereof to an on-street parking space in the designated permit parking area.

(2) Motor vehicles displaying a valid parking permit will be subject to applicable California Vehicle Code sections and all on-street parking restrictions and limitations, except those restrictions and limitations imposed pursuant to section 23B-3 of this chapter.

(b) A motor vehicle owned or operated under contract to a utility, whether privately or publicly owned, when used in the construction, operation, removal or repair of utility property or facilities or engaged in authorized work in the designated parking permit zone.

(c) Construction and construction-related equipment otherwise authorized and permitted to park on-street, pursuant to all applicable state and local laws.

(d) A motor vehicle identified as owned by or operated under contract to a governmental agency and being used in the course of official government business.

(e) Any authorized emergency vehicle as defined by California Vehicle Code section 165.

(f) Any motor vehicle identified as used by disabled persons meeting the requirements of section 22511.5 of the California Vehicle Code.

(Ord. No. 4685, § 1)

(a) No person shall stop, park or stand a motor vehicle within a permit parking area in violation of a posted parking prohibition or restriction as established by resolution pursuant to this chapter, without a current parking permit properly displayed.

(b) No person shall falsely represent himself/herself as eligible for a parking permit or furnish false information in an application for a parking permit.

(c) No parking permit that has been issued shall thereafter be assigned or transferred and any such assignment or transfer shall be void.

(d) No person shall copy, produce, or create a facsimile or counterfeit parking permit, nor shall any person use or display a facsimile or counterfeit parking permit.

(e) No person shall park or leave standing in a parking permit area, a vehicle on which is displayed a parking permit that has been issued pursuant to the provisions of this chapter for a different vehicle.

(f) No person whose parking permit has been revoked shall refuse or fail to surrender the permit to the sheriff's department when so requested by the sheriff's department in writing.

(g) A violation of this section shall constitute grounds for permit revocation and shall be an infraction punishable by a fine not exceeding one hundred dollars for each violation of this section.

(Ord. No. 4685, § 1)

The board of supervisors may, pursuant to section 22651, subdivision (n), of the California Vehicle Code, provide for the towing of motor vehicles and vehicles which violate the prohibitions or restrictions set forth in any resolution establishing a permit parking area.

(Ord. No. 4685, § 1)

Any permit parking programs established within the Isla Vista area shall use this section (23B-15) in lieu of sections 23B-3 through 23B-14 of this chapter.

(a) Designation of Permit Parking Area. The Santa Barbara County board of supervisors (board of supervisors) may designate by resolution any area of the Isla Vista area of the County of Santa Barbara, which meets the criteria established by this section (23B-15), as a permit parking area wherein the stopping, parking or standing of a motor vehicle or vehicle is prohibited or otherwise restricted.

(b) Designation Criteria. In determining whether to designate an area within the Isla Vista area as a permit parking area or to establish or to modify parking exemptions or restrictions within all or any portion(s) of that area, the board of supervisors may consider at least the following criteria:

(1) The extent to which the residents and merchants of an area desire and need permit parking;

(2) The extent to which on-street parking spaces are (1) available for use by motor vehicles and vehicles owned by residents and merchants and their guests, and (2) not occupied by motor vehicles or vehicles owned by other persons;

(3) The size and configuration of the area as it relates to enforcement of parking and traffic regulations and the potential impact of parking and traffic congestion on this and adjacent areas as the result of the establishment of a permit parking area.

(c) Initiation, Written Report, Hearing.

(1) Upon the authorization of the board of supervisors, the Santa Barbara County public works department (public works department) shall undertake and hold such surveys, studies or public meetings deemed necessary in order to prepare a written report. The public works department shall thereafter submit a written report to the board of supervisors on the establishment of the proposed parking area.

(2) Publication shall be made pursuant to Government Code Section 6066 of a notice of a hearing to be held before the board of supervisors for the adoption of a resolution establishing a permit parking area pursuant to this chapter, which notification shall include the location where a copy of the written report is available for public inspection ten days before the public hearing.

(3) The designation process and the designation criteria set forth in this chapter shall be used by the board of supervisors to modify or terminate a permit parking area.

(d) Written Report. The written report shall include, but shall not be limited to, the following:

(1) Boundaries of proposed permit parking area;

(2) Existing and proposed parking restrictions which may vary within a permit parking area;

(3) Information generated by surveys, studies and public meetings;

(4) Information upon which the board of supervisors may determine whether the criteria set forth in the "designation of criteria" portion of this section (23B-15) have been satisfied;

(5) Any other relevant information.

(e) Designation of Streets Within a Permit Parking Area. The board of supervisors may, at the time a permit parking area is established or modified, establish parking, stopping, standing prohibitions or restrictions for all or a portion of that area by resolution.

(f) Issuance.

(1) The director shall issue parking permits. There shall be three categories of parking permits:

(A) Annual residential permits;

(B) Short-term permits; and

(C) Guest Permits. Except for guest permits, no more than one permit shall be issued for each vehicle for which application is made. Each permit issued shall reflect by statements thereon or by color thereof, or both, the particular residential parking area for which the permit is issued, the license number of the vehicle for which the permit is issued, and the duration of the permit.

(2) Parking permits may only be issued for use with vehicles, passenger motor vehicles, motor driven cycles, and trucks of three-quarter ton capacity or less. No parking permit may be issued for use by any other vehicles, including but not limited to motor vehicles in excess of three-quarter ton capacity, recreational motor homes, motor vehicles not legally licensed to travel on a public highway, or motor vehicles exceeding seven feet six inches in height or twenty-two feet in length.

(3) Annual or short-term permits may only be issued to the following:

(A) Persons residing or owning property in the parking permit area, upon showing sufficient evidence of residency status and/or ownership, as determined by the director; and

(B) Merchants located in the parking permit area, upon showing sufficient evidence of merchant status and location in the parking permit area, as determined by the director; and

(C) Persons providing services to residents and/or merchants located in the parking permit area, upon showing sufficient evidence of service provider status and operations within the parking permit area, as determined by the director.

(4) Guest permits may only be issued to the following, for use by their guests:

(A) Persons residing or owning property in the parking permit area upon showing sufficient evidence of residency and/or ownership, as determined by the director; and

(B) Merchants located in the parking permit area upon showing sufficient evidence of merchant status and location in the parking permit area, as determined by the director.

(g) Application. Each application for a parking permit shall contain such information as the director deems necessary for the proper processing of the application. The application shall also contain a statement to the effect that the applicant agrees that the permit applied for may not be sold or transferred in any manner.

(h) Parking Permit—Categories. The following categories of parking permits shall be available for purchase upon application:

(1) Annual Residential Permits. Permits issued for one year shall be valid from July 1st of the year issued to June 30th of the following year. An annual residential permit that does not indicate the license plate number of the vehicle on which it is displayed shall be invalid.

(2) Short-Term Residential Permits.

(A) Monthly Permits. A monthly permit shall only be valid for the month for which it is issued. A monthly permit that does not indicate the license plate number of the vehicle on which it is displayed shall be invalid. A monthly permit that does not indicate the month for which it is issued shall be invalid. Monthly permits may only be issued for use in residential permit areas within one mile of a college or university campus as determined by the director.

(B) Temporary Permits. The director may authorize the issuance of temporary parking permits. Temporary parking permits shall not be valid for more than forty-five consecutive days. A qualified person may obtain no more than three temporary permits in any twelve-month period. Temporary permits may not be issued for use in residential permit areas within one mile of a college or university campus as determined by the director.

(3) Guest Permits. Residents and merchants of a parking permit area may be issued guest permits for use within the parking permit area by their guests. Owners or operators of hotels located within a residential parking permit area may purchase guest permits for the use of hotel guests. Guest permits shall be valid for twenty-four consecutive hours from the date and time of permit activation. A guest permit that does not indicate the license plate number of the guest vehicle on which it is displayed shall be invalid.

(i) Permit Validity.

(1) A parking permit shall be valid for the duration of the term of the permit, except that prior to expiration of the term of the permit, either of the following occurrences shall invalidate the permit:

(A) A change in ownership of the vehicle for which the permit is issued; or

(B) A change in residency address by the permittee.

(2) A parking permit shall be destroyed by the permittee upon a change in ownership of the vehicle for which it is issued, or upon a change in residency address by the permittee. The permittee shall promptly report such destruction to the director.

(j) Low Income Persons. The director shall make parking permits available at a discounted rate to qualified persons that also demonstrate significant financial need. Subject to approval by the board of supervisors, the director shall adopt rules and regulations establishing the evidence necessary to demonstrate significant financial need.

(k) Exemptions from Parking Permit Restrictions.

(1) A motor vehicle on which is displayed a valid, unrevoked parking permit as provided for herein is exempt from any prohibitions or restrictions established pursuant to the "designation of permit parking area" portion of this section (23B-15), provided that such motor vehicle is stopped, standing or parked in the permit parking area or portion thereof for which the permit is issued.

(2) A parking permit shall not guarantee the holder thereof to an on-street parking space in the designated permit parking area.

(3) Motor vehicles displaying a valid parking permit will be subject to applicable California Vehicle Code sections and all on-street parking restrictions and limitations, except those restrictions and limitations imposed pursuant to the "Designation of permit parking area" portion of this section (23B-15).

(l) Permit Applications.

(1) The director shall develop and adopt the forms for the applications to be submitted for applications for parking permits.

(2) Applications for parking permits shall be submitted to the director.

(3) The director shall approve or reject applications for parking permits, and shall issue parking permits authorized by this chapter.

(4) Annual permits may be renewed, if at all, in the manner required by the director in accord with the rules and regulations that are adopted pursuant to the "fees" portion of this section (23B-15). No permit, other than an annual permit, may be renewed.

(m) Replacement of Permits Damaged, Lost, or Stolen. Upon payment of a fee established by the board of supervisors by resolution, an annual or short-term parking permit that has been damaged, lost, or stolen may be replaced with a new permit. The damaged, lost, or stolen permit shall be considered void. Use of any such voided permit is prohibited. Guest permits shall not be eligible for replacement due to damage, loss, or theft.

(n) Fees. Fees for implementing this chapter may be established by resolutions by the board of supervisors and such fees shall recover the actual costs incurred in the establishment, the administration, the operation and the enforcement of the parking permit program authorized pursuant to this chapter.

(o) Rules and Regulations. The director, in consultation with the sheriff's department, may adopt rules and regulations consistent with the purposes and provisions of this chapter to facilitate implementation of this chapter, which rules and regulations may include, but need not be limited to, procedures for application, issuance, suspension or revocation of permits, and provision for a limitation on the number of permits that may be issued. The rules and regulations shall be approved by the board of supervisors.

(p) Posting Permit Areas. Upon adoption by the board of supervisors of a resolution designating a residential parking permit area, the director shall cause appropriate signs to be erected, indicating prominently thereon the parking limitation(s), period(s) of the day for its application, and the fact that motor vehicles with valid permits shall be exempt therefrom.

(q) Revocation for Misuse.

(1) The director is authorized to revoke a parking permit of any person found to be in violation of any of the provisions of this chapter and, upon the written notification thereof, such person shall surrender the permit to the director or prove its destruction or disfigurement to the director's satisfaction.

(2) Any person whose parking permit has been revoked shall not be issued a new permit until the expiration of a period of one year following the date of revocation and until such person has made required application therefor and has paid the fee required for the permit.

(r) Violations and Enforcement.

(1) No person shall falsely represent himself/herself as eligible for a parking permit or furnish false information in an application for a parking permit.

(2) No parking permit which has been issued shall thereafter be assigned or transferred and any such assignment or transfer shall be void.

(3) No person shall copy, produce, or create a facsimile or counterfeit parking permit, nor shall any person use or display a facsimile or counterfeit parking permit.

(4) No person shall park or leave standing in a parking permit area a vehicle on which is displayed a parking permit which has been issued pursuant to the provisions of this chapter for a different vehicle.

(5) No person whose parking permit has been revoked shall refuse or fail to surrender the permit to the director when so requested by the director in writing.

(6) A violation of this section shall constitute grounds for permit revocation and shall be an infraction punishable by (1) a fine not exceeding one hundred dollars for a first violation; (2) a fine not exceeding two hundred dollars for a second violation of this section within one year; and (3) a fine not exceeding five hundred dollars for each additional violation of this section within one year.

(s) Towing. The board of supervisors may, pursuant to section 22651, subdivision (n), of the California Vehicle Code, provide for the towing of motor vehicles and vehicles which violate the prohibitions or restrictions set forth in any resolution establishing a permit parking area.

(t) Exemptions. The following vehicles shall be exempt from the parking restrictions imposed by this chapter:

(1) A motor vehicle owned or operated under contract to a utility, whether privately or publicly owned, when used in the construction, operation, removal or repair of utility property or facilities or engaged in authorized work in the designated parking permit area.

(2) On approval of the director and consistent with rules and regulations promulgated by the director pursuant to the "rules and regulations" portion of this section (23B-15), construction and construction-related equipment otherwise authorized and permitted to park on-street pursuant to all applicable state and local laws.

(3) A motor vehicle identified as owned by or operated under contract to a governmental agency and being used in the course of official government business.

(4) Any authorized emergency vehicle as defined by California Vehicle Code section 165.

(5) Any motor vehicle displaying a permit in conformance with the "exemptions from parking permit restrictions" portion of this section (23B-15).

(Ord. No. 4685, § 1)