Chapter 13.21
RESIDENTIAL PERMIT PARKING DISTRICTS
Sections:
13.21.020 Establishment of districts.
13.21.030 Issuance of permits.
13.21.060 Exemption from parking restrictions.
13.21.070 Exemption of certain vehicles.
13.21.080 Dissolving a district.
13.21.100 Revocation of a permit.
13.21.010 Definitions.
The following words, terms and phrases, when used in this chapter, shall the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning:
A. “Permit” shall be defined as a permit issued to an individual to park in a residential parking district in the city.
B. “Residential parking district” or “district” shall be defined as certain public streets or portions thereof designated by the resolution establishing the district, wherein vehicles displaying a valid permit applicable to that district shall be exempt from parking restrictions established pursuant to this chapter.
C. “Resident” shall mean a person who lives in a residence located in a residential parking district.
D. “Residential street” shall be defined as any street that meets the criteria of “local streets” as defined in the general plan and are not considered major highways, secondary highways, or collector streets as shown in Exhibit 3-1 of “Section 3 Circulation and Transportation Element.”
E. “Guest” or “visitor” shall mean any person visiting or intending to visit, for any purpose, a resident located in a residential parking district.
F. “Whole block” shall be defined as the entire portion of a street block from intersection to intersection.
G. “Nonresident” shall be defined as an individual who resides outside of the district boundaries. (Ord. 913 § 2, 2021).
13.21.020 Establishment of districts.
A. An area shall be evaluated for the designation as a residential parking district if the residents of the proposed parking district submit an application with a petition that contains, at minimum, the following elements:
1. A description and/or map showing the proposed district;
2. A petition containing the signature, printed name, date of signing, and address of owners of at least 70 percent of the dwelling units within the proposed district;
3. The name, telephone number, and email of the applicant(s) who will be the designated representative for the application; and
4. The requested hours and days of the parking restriction or prohibition.
B. The eligibility of a proposed residential parking permit district shall be evaluated upon the basis of the following criteria:
1. The proposed permitted parking district is at least three-quarters, 75 percent, single-family residential and includes whole blocks. The proposed parking district shall also include both sides of a street, unless the city traffic engineer determines this to be impractical or undesirable.
2. Each single-family residence shall have one vote for the petition of the proposed permit parking district. Each dwelling unit of a multifamily property shall have one vote for the petition of the proposed permit parking district.
3. Multifamily properties, if any, within the proposed district boundaries consist of duplexes, triplexes, or fourplexes only. Multifamily properties consisting of five or more units shall be excluded from issuance of parking permits.
4. At least 75 percent of the on-street parking spaces within the proposed district boundaries are occupied during the time of the requested parking prohibition of restriction.
5. A survey to confirm that a minimum of 25 percent of the vehicle parking spaces within the proposed restricted or prohibited parking hours must be registered to nonresidents of the proposed district.
6. The street block in question is a designated residential street.
7. No alternative solution is practical or reasonable.
8. Such other criteria as the city traffic engineer determines necessary, including, but not limited to, the extent to which vehicles owned by residents of the area could be accommodated by off-street parking spaces.
C. After an application and petition satisfying the eligibility requirements is received by the director of public works, the city traffic engineer and public works staff shall begin to undertake surveys or studies as necessary, and after completion of all necessary surveys and studies, shall notify the applicant whether the establishment of a residential permit parking district will be recommended to the public works traffic and safety commission. If approved by the public works traffic and safety commission, the residential preferential permit parking district shall then be recommended for consideration by the city council for approval and establishment.
D. Upon recommendation of the director of public works and city engineer, the city council shall request a public hearing for the purpose of determining whether a proper basis exists for making findings. Notice of such public hearing shall be given at least 10 days prior to the hearing by publication in a newspaper of general circulation and by mailing to the property owners as shown on the last equalized assessment roll, and to the occupants of each parcel in the proposed district and within 400 feet of the proposed district boundaries.
E. No resolution designating a residential preferential parking district shall be enforceable until signs giving adequate notice have been installed on the block. (Ord. 913 § 2, 2021).
13.21.030 Issuance of permits.
A. The public works department shall issue residential parking permits for residential preferential parking applicants who have completed an application form supplied by the city. Each permit issued shall remain property of the city at all times.
B. Applicants for such permits shall present such proof of residency through a utility bill, vehicle registration, driver’s license, or proof of auto insurance.
C. Not more than one residential permit may be issued for each single-family dwelling unit and not more than one residential permit may be issued for each multifamily dwelling unit. The residential permit will be issued to the owner or occupant for single-family dwelling units or to the owner or his or her authorized representative for the multifamily dwelling units.
D. The city traffic engineer is authorized to issue an additional preferential parking permit per dwelling unit if the applicant satisfies all the following conditions:
1. The applicant submits vehicle registration or proof of automobile insurance that more than one vehicle is registered to occupant(s) of the dwelling unit.
2. The applicant demonstrates that his or her dwelling unit has insufficient off-street parking.
3. The applicant demonstrates that there is an adequate number of reasonably convenient residentially related on-street parking spaces in the area of the applicant’s residence, sufficient to accommodate the vehicle for which the additional permit is requested.
4. The applicant establishes that an undue hardship will result if the request for an additional permit is not granted.
5. The applicant forfeits his opportunity to obtain a guest parking permit if said applicant obtains a second preferential parking permit.
E. The city reserves the right to implement an annual fee in accordance with the cost of administering the enforcement of such permit. Such fee shall be established by resolution of the city council and may be amended from time to time.
F. Permits issued pursuant to this section, with the exception of temporary permits, shall remain effective through the end of the fiscal year so long as the applicant continues to reside at the address set forth in the application and continues to own the vehicle to which the permit is attached, and so long as the district for which the permit was issued remains in effect.
G. Permits shall be placed upon or inside a vehicle as specified in the instructions accompanying the permit issued by the public works department.
H. Each person shall be subject in all conditions and restrictions set forth in this section and of the residential preferential parking district for which it is issued. The issuance of such a permit shall not be construed to be a permit for, or approval of, any violation of any provision of this code or any other laws or regulations.
I. Such fees as may be required shall be set from time to time by resolution of the city council and shall be subject to change annually depending on actual costs incurred by the city for administering the program. Examples include but are not limited to fabricating and posting the signs (including one set of spare signs) and all other staff charges incurred as necessary to establish and eventually remove (if necessary) the district.
J. The number of parking permits issued for a given district shall not exceed 150 percent of the total number of available on-street parking spaces within the given district.
K. Permits shall not be issued to semi-tractor trucks, motor homes, motorcycles, boat, travel and utility trailers, and for vehicles posted for sale.
L. A residential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated parking district. (Ord. 913 § 2, 2021).
13.21.040 Term.
Each permit shall be valid effective the day of purchase and shall expire each year at midnight (12:00 a.m.) on June 30th. (Ord. 913 § 2, 2021).
13.21.050 Temporary permits.
An owner or occupant residing within a preferential parking district may apply for a temporary parking permit once per month to exempt guests or visitors from the posted parking prohibition or restriction. Residents may apply for a maximum of one temporary permit per month for any given 24-hour period. The temporary parking permits are valid for one day maximum. (Ord. 913 § 2, 2021).
13.21.060 Exemption from parking restrictions.
A. A motor vehicle on which is properly displayed a residential parking permit, as provided for herein, shall be permitted to stand or be parked in the designated parking district for which the permit has been issued without being limited by time restrictions established for the street(s) within that district.
B. This section shall not exempt the permit holder from other traffic controls and regulations existing in the designated parking district, including parking restrictions or prohibitions in effect citywide for purposes such as street sweeping, roadwork, discouraging overnight disturbances, or similar notices.
C. This section shall not allow the permit holder to stop, park, or leave standing their vehicle for more than 72 hours. (Ord. 913 § 2, 2021).
13.21.070 Exemption of certain vehicles.
No person shall, without a properly displayed parking permit, park, stop, or leave standing any unauthorized motor vehicle in a residential preferential permit parking district during the posted parking prohibition or restriction in excess of the posted parking restriction or where parking restrictions have been established for the street(s) within the district, except for the following:
A. Otherwise lawfully parked repair, service, maintenance, utility, fuel, delivery, or city vehicles parked for reasonable amounts of time while conducting business within the residential preferential parking district.
B. Police, fire, or other law enforcement, public safety, or emergency vehicles operated by or under the authority of a governmental entity while engaged in the performance of official duties; or
C. Otherwise lawfully parked motor vehicles used by disabled persons meeting the requirements of California Vehicle Code Section 22511.5 or disabled veterans meeting the requirements of California Vehicle Code Section 9105 and displaying appropriate disabled license plates or placards. (Ord. 913 § 2, 2021).
13.21.080 Dissolving a district.
A. Once a resolution establishing a residential preferential parking district is established, parking permits must be issued to at least 50 percent of the residential units in the district before signs will be installed designating the preferential parking district. If the minimum number of permits is not obtained within 60 days, or the number of permit holders drops below 50 percent following annual permit renewals, the residential preferential parking district may be terminated by resolution of the city council at a public hearing noticed as described in BGMC 13.21.020(D).
B. Upon receipt and verification of a petition signed by a majority (50 percent plus one) of the property owners within an established district, a residential preferential parking district may be terminated by resolution of the city council at a public hearing noticed as described above. Such determination shall be based upon a finding that the conditions set forth in the establishing resolution no longer exist or have diminished to such extent as to make unnecessary the continuation of the district. (Ord. 913 § 2, 2021).
13.21.090 Penalties.
Any authorized motor vehicle which does not display such permit shall be subject to a citation pursuant to BGMC 13.22.060, Parking penalties. (Ord. 913 § 2, 2021).
13.21.100 Revocation of a permit.
A. The director of public works is authorized to revoke a preferential parking permit, or a guest 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 of public works or prove its destruction or disfigurement to the director of public works’ satisfaction. Additionally, the sale or transfer of a permit in violation of this chapter shall constitute an infraction punishable by a fine.
B. Any person whose preferential parking permit has been revoked shall not be issued a new permit until expiration of a period of one year following the date of revocation and until such person has submitted the required application and fee for a new permit. (Ord. 913 § 2, 2021).