Chapter 10.26
PREFERENTIAL PARKING ZONES
Sections:
10.26.010 Legislative purpose.
10.26.020 Establishment and designation of preferential parking zones.
10.26.030 Annexation criteria.
10.26.040 Termination of preferential parking zones.
10.26.050 Issuance of preferential parking permits.
10.26.055 Limitations of preferential parking permit.
10.26.080 Transfer and expiration of preferential parking permits.
10.26.100 Application of regulations.
10.26.010 Legislative purpose.
Certain parking generators exist within the City, such as hospitals, schools, and large public office buildings, which attract nonresidents to residential areas to seek parking. These generators cause a shortage of resident parking in such neighborhoods and residential areas. Residents are burdened by the parking of motor vehicles owned by nonresidents which compete for the available on-street parking spaces. In order to protect these areas and neighborhoods, it is necessary to enact parking regulations restricting parking by nonresidents, while providing the opportunity for residents to park near their homes. In these situations, uniform parking regulations restricting residents and nonresidents alike would not serve the public interest. For reasons set forth in this chapter and pursuant to the authority of Vehicle Code Section 22507, a system of preferential resident parking is enacted for the City. [Ord. 27-2014 §3, eff. 11-7-2014]
10.26.020 Establishment and designation of preferential parking zones.
The City Council may adopt a resolution designating any residential area as a preferential parking zone. The resolution shall state the boundaries of the area, applicable parking regulations, and any fees to be charged for permits. [Ord. 27-2014 §3, eff. 11-7-2014]
10.26.030 Annexation criteria.
In determining whether a residential area may be designated as a new preferential parking zone or annexed into an existing preferential parking zone, the City Council shall take into account factors which include, but are not limited to:
A. The extent that motor vehicles park in the residential area during the period proposed for parking regulations.
B. The Director shall undertake voting surveys of the residences located in the areas proposed for designation or annexation to determine support or opposition to the proposed designation or annexation. A minimum of seventy-five (75%) percent of the residences surveyed (one (1) vote per residence) must be in favor of the designation or annexation.
C. After determining that at least seventy-five (75%) percent of the residences support the proposed new area or annexation to an existing preferential parking zone and the Director makes a recommendation to support or not support the preferential parking zone, the City Council shall have the authority to establish a new preferential parking zone or annex the area into an existing preferential parking zone. [Ord. 27-2014 §3, eff. 11-7-2014]
10.26.040 Termination of preferential parking zones.
The City Council may terminate a preferential parking zone upon receipt of a petition calling for termination which has been received and transmitted by the City Clerk, and which contains the signatures and corresponding printed names and addresses of persons representing at least seventy-five (75%) percent of the residences in the zone. The requested zone for termination must have been in place at least one (1) year before consideration will be given to terminate. The City Council may also terminate a preferential parking zone at any time without submission of a petition requesting termination, by resolution setting forth the reasons for such termination. Reasons may include, but are not limited to, changes in circumstances which led to the original establishment of the zone. [Ord. 27-2014 §3, eff. 11-7-2014]
10.26.050 Issuance of preferential parking permits.
The Director or designee shall issue a preferential parking permit upon submittal of a completed application, proof of vehicle registration of the vehicle to a residence in the preferential parking zone, and payment of any fee as prescribed by resolution of the City Council. In cases where residence is temporary, a signed lease may be provided for proof of residency to obtain a new permit. The permit shall be displayed on the vehicle as directed by the Director or designee. Preferential parking permits shall be limited to one (1) permit for each registered vehicle for each residence located adjacent to a street, or portion thereof, within a preferential parking zone; and one (1) guest permit for each residence. Preferential parking permits shall be valid for only the same block upon which the residence is located or in cases of corner locations, the permit shall be valid on the two (2) contiguous blocks within the preferential parking zone. [Ord. 27-2014 §3, eff. 11-7-2014]
10.26.055 Limitations of preferential parking permit.
A. The permits issued hereunder shall not invalidate any requirements found in the municipal code for the moving of recreational vehicles or trailers within a specified period of time.
B. The permits issued hereunder shall not be valid in loading zones or areas where parking or stopping is prohibited as posted or painted on curbs. [Ord. 27-2014 §3, eff. 11-7-2014]
10.26.060 Prohibitions.
No vehicle shall be parked or stopped adjacent to any curb in a preferential parking zone, unless such vehicle has a valid and current preferential parking permit, or is otherwise exempt to the extent authorized by law. [Ord. 27-2014 §3, eff. 11-7-2014]
10.26.070 Exemptions.
The following vehicles are exempt from the parking restrictions imposed pursuant to this chapter:
A. Vehicles in use for the construction or repair of any public utility (as defined in the California Public Utility Code Section 216(a);
B. Vehicles engaged in official government business;
C. Emergency vehicles;
D. Vehicles engaged in construction, repairs, or similar services on property within the preferential parking zone that are found by the City to be executing one (1) of these lawful purposes. [Ord. 27-2014 §3, eff. 11-7-2014]
10.26.080 Transfer and expiration of preferential parking permits.
The preferential parking permit may not be transferred between vehicles, except for the guest permit listed in EGMC Section 10.26.050. Each preferential parking permit shall expire upon change of residence and a new application must be filed by a new owner or resident. [Ord. 27-2014 §3, eff. 11-7-2014]
10.26.090 Penalty provisions.
A. It is a violation of this chapter, unless expressly provided to the contrary, for any person to stand or park a motor vehicle contrary to the parking regulations established by this chapter. The violation shall be subject to fines established by resolution adopted by the City Council pursuant to EGMC Section 10.04.110.
B. It is a violation of this chapter for a person to falsely represent himself or herself as eligible for a preferential parking permit or to furnish false information in order to obtain a permit. The violation shall be subject to fines established by resolution adopted by the City Council, pursuant to EGMC Section 10.04.110. Preferential parking permits issued pursuant to false information will be revoked by the Director.
C. It is a violation of this chapter, unless expressly provided to the contrary, for a person holding a valid preferential parking permit issued pursuant to this chapter, to permit the use or display of the permit on a motor vehicle other than that for which the permit is issued. Such conduct shall constitute a violation of the chapter both by the person holding the valid preferential parking permit and the person who uses or displays the permit on a motor vehicle other than that for which it is issued. The violation shall be subject to fines established by resolution adopted by City Council pursuant to EGMC Section 10.04.110.
D. It is unlawful and a violation of this chapter for a person to copy, produce or otherwise create a facsimile or counterfeit parking permit in order to evade parking regulations applicable in a preferential parking permit zone. It is also a violation to sell, transfer, exchange or assign any vehicle, visitor or temporary permit. The violation shall be subject to fines established by resolution adopted by City Council pursuant to EGMC Section 10.04.110. [Ord. 27-2014 §3, eff. 11-7-2014]
10.26.100 Application of regulations.
The provisions of this chapter imposing restrictions on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times. [Ord. 27-2014 §3, eff. 11-7-2014]
10.26.110 Appeals.
Any denial of a parking permit, levied fines or other provisions of this chapter may be appealed in accordance with EGMC Chapter 1.11. [Ord. 27-2014 §3, eff. 11-7-2014]