Chapter 11.26
RESIDENTIAL PERMIT PARKING DISTRICTS
Sections:
11.26.030 Standard criteria for establishment of residential permit parking districts.
11.26.040 Issuance of permits.
11.26.050 Term of residential permit parking.
11.26.060 Use of permits by guests.
11.26.070 Prohibitions and restrictions of residential permit parking permits.
11.26.080 Revocation of permit.
11.26.090 Exemption of certain vehicles.
11.26.010 Purpose.
The purpose of this chapter is to create a residential permit parking program which is necessary to alleviate nuisance parking on certain residential streets in the city caused by out-of-area vehicles and to provide reasonably available and convenient parking for the adjacent residents. (Ord. 855 § 2 (part), 1994).
11.26.020 Definitions.
For purposes of this chapter:
(a) "Dwelling unit" shall mean a house, apartment, condominium, townhouse, or other type of residence, designed and used exclusively for residential occupancy, but not including motels or hotels.
(b) "Guest" shall mean a person who visits or is employed by a resident within a residential permit parking district.
(c) "Out-of-area vehicle" shall mean a motor vehicle parked in a residential permit parking district, which vehicle is not owned, leased, or otherwise controlled by a resident.
(d) "Resident" shall mean a person who lives in a dwelling unit located within a residential permit parking district.
(e) "Residential permit parking district" shall mean a 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.
(f) "Restricted parking" shall mean 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. Such restrictions may include, "No Parking 8 a.m. to 8 p.m. Friday-Sunday and Holidays, April 1—October 31 except by permit." (Ord. 855 § 2 (part), 1994).
11.26.030 Standard criteria for establishment of residential permit parking districts.
(a) The traffic division of the police department shall adopt procedures for processing applications for residential permit parking districts, which process shall include a form of petition, review, and recommendations regarding the appropriateness of the proposed district and notice to residents of other streets and to businesses that might be affected by the proposed residential permit parking district.
(b) Prior to the establishment of a residential permit parking district, the city staff shall verify that the area is impacted by the presence of out-of-area vehicles (at least twenty-five percent (25%) of on-street vehicles) for extended periods during the proposed restricted times.
(c) The City Council may, by resolution, upon receipt of a valid petition signed by residents living in at least fifty-one percent (51%) of the dwelling units of the proposed residential permit parking district, designate a certain area or areas to be a residential permit parking district.
(d) The City Council shall make findings that there is no reasonable alternative to reduce the nuisance parking problem. (Ord. 855 § 2 (part), 1994).
11.26.040 Issuance of permits.
Residential permit parking permits shall be issued by the traffic division of the police department.
(a) Except as otherwise provided herein, permits may only be issued to residents. Each dwelling unit in the residential permit parking district shall be eligible to receive a total of three (3) permits and shall be subject to the following requirements and restrictions:
(1) Completion of an application on a form provided by the traffic division;
(2) Payment of residential permit parking fee.
(b) Non-resident owners of the property within a residential parking district may obtain one (1) permit for the property owner’s personal use only.
(c) Real estate agents conducting open houses within a residential permit parking district may be issued not more than twenty-five (25) one (1) day dated permits for their use and the use of persons viewing the open house. The permits may be obtained from the traffic division with at least one (1) week advance notice. The realtor must show proof of licensing by the California Department of Real Estate and provide a current listing of the property.
(d) It shall be 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 limitations on the use of the parking permits and ignorance of these provisions and limitations shall not be claimed as a defense in any action brought for illegal use of the permit.
(e) One (1) day dated permits shall be made available to residents subject to the following conditions:
(1) Requests for fifty (50) permits or less must be requested at least one (1) week in advance and will be automatically granted;
(2) The fee for the permits is paid;
(3) Permits in excess of fifty (50) permits will be granted provided the following conditions are met:
(A) A "Special Events Residential Parking Permit" application is obtained and returned to the traffic division,
(B) A traffic study determines that the number of vehicles parking on the street will not impact the health, safety, and public peace by depriving residents of needed parking spaces,
(C) The fee for the permits is paid. (Ord. 855 § 2 (part), 1994).
11.26.050 Term of residential permit parking.
Residential permit parking permits will be valid for a one (1) year period beginning June 1st and ending May 31st, or until such time as the applicant ceases to reside in the residential permit parking district, whichever occurs first. Permits must be renewed annually. (Ord. 855 § 2 (part), 1994).
11.26.060 Use of permits by guests.
A resident who holds a valid residential permit parking permit may allow a guest of such resident to use the permit for the purpose of parking on the street adjacent to the dwelling unit of the resident while visiting with or working for the resident. (Ord. 855 § 2 (part), 1994).
11.26.070 Prohibitions and restrictions of residential permit parking permits.
(a) No vehicle will be stopped or parked adjacent to any curb in a residential permit parking district during a designated restricted parking time, unless such vehicle shall have a residential permit parking permit prominently displayed on the dashboard.
(b) It shall be unlawful for any person to sell, rent, or lease, or cause to be sold, rented, or leased for any value or consideration any residential permit parking permit.
(c) A residential permit parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated residential permit parking district.
(d) No person shall copy or create a facsimile or counterfeit parking permit, nor shall any person use or display a counterfeit residential permit parking permit.
(e) No person shall deface, alter, or intentionally conceal an expiration date in an attempt to present false information as true and genuine.
(f) Permits shall be returned to the traffic division when the permit holder moves out of the residential permit parking district.
(g) No person shall falsely represent himself as eligible for a parking permit or furnish false information in an application for a parking permit.
(h) The residential permit parking permit is not transferable to other districts.
(i) The residential permit parking permit will not exempt a permit holder from any other type of parking violation. (Ord. 855 § 2 (part), 1994).
11.26.080 Revocation of permit.
Where any permit issued under this chapter has been procured through fraud or misrepresentation, or where the permittee has violated provisions of this chapter, the chief of police shall hold a hearing, with notice of the time and place of such hearing mailed to the permittee at least ten (10) days preceding the hearing. If the permit is revoked following the hearing, the permittee shall be mailed written notice of the revocation and the reasons therefor. (Ord. 855 § 2 (part), 1994).
11.26.090 Exemption of certain vehicles.
No person shall, without a permit, park or leave any standing vehicle or trailer in a residential permit parking district except for the following:
(a) Repair, maintenance, utility, refuse, fuel, or delivery vehicles while doing business in the residential permit parking district;
(d) Vehicles delivering life support and health commodities to dwelling units in the residential permit parking district;
(c) Vehicles displaying handicapped license plates or placards pursuant to Section 22511.5 or 9105 of the California Vehicle Code;
(d) City-owned or state-owned vehicles;
(e) Emergency vehicles. (Ord. 855 § 2 (part), 1994).
11.26.100 Permit fees.
The annual fee for the residential permit parking permit shall be as set forth in the city’s master fee schedule. (Ord. 855 § 2 (part), 1994).
11.26.110 Posting signs.
Upon adoption of a resolution by the City Council designating a residential permit parking district and the specified parking regulations applicable thereto, the city shall cause appropriate signs to be erected in the district, indicating prominently thereon, the parking limitation, period of day, and the fact that vehicles with valid permits shall be exempt therefrom. (Ord. 855 § 2 (part), 1994).