Chapter 10.25
PREFERENTIAL RESIDENTIAL PERMIT PARKING PROGRAM
Sections:
10.25.030 Designation of residential permit parking areas.
10.25.040 Designation criteria.
10.25.050 Designation process.
10.25.060 Recommendation of the public works director.
10.25.070 Issuance of permits.
10.25.090 Posting of residential permit parking area.
10.25.110 Permit parking exemption.
10.25.120 Permit term – Application and renewal.
10.25.150 Applicability to parking control vehicles.
10.25.160 Annexation of residential streets to residential permit parking areas.
10.25.170 Modifications of restrictions.
10.25.180 Deletion of residential streets from residential permit parking areas.
10.25.005 Title.
This chapter shall be known and cited as the “preferential residential permit parking program.” [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].
10.25.010 Purpose.
The purpose of this chapter is to establish a preferential residential permit parking program within the city to assist residents in securing parking in residential areas regularly adversely affected by nonresident parked vehicles. [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].
10.25.020 Definitions.
For the purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise:
“Dwelling unit” means a house, apartment or other residence with an assigned address as used by the U.S. Postal Service or as listed in the county directory.
“Lease” means that a person pays rent or other remuneration for use of a parcel of real property as his or her residence or place of business.
“Motor vehicle” includes an automobile, truck, motorcycle, or other motor-driven form of transportation not in excess of 10,000 pounds gross weight.
“Parking restrictions” means the days, times, and hour limitations imposed on motor vehicles parked in a residential permit parking area pursuant to this chapter.
“Public works director” means the public works director of the city of Rancho Cordova with the powers and duties as provided in this title.
“Resident” means a person who dwells in the residential area on a permanent basis.
“Resident permit” means a permit issued by the city of Rancho Cordova for use on a resident vehicle while parked in a residential permit parking area.
“Resident vehicle” means a motor vehicle owned or under the control of a resident and regularly parked in the residential area in which the resident resides.
“Residential area” means a contiguous or nearly contiguous area where residents dwell and which contains public streets and highways.
“Residential permit parking area” means a residential area designated as herein provided wherein motor vehicles displaying a valid permit as described herein shall be exempt from the parking restrictions or prohibitions established pursuant to this chapter. [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].
10.25.030 Designation of residential permit parking areas.
The city council may, in its discretion, designate by resolution any residential area as a residential permit parking area in which motor vehicles displaying a valid parking permit may stand or be parked without limitation. Said resolution shall also state the applicable parking restrictions and the fees to be charged upon permit issuance. [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].
10.25.040 Designation criteria.
A. A residential area shall be deemed eligible for consideration as a residential permit parking area if the residential area is adversely affected by nonresident parked vehicles for any extended period during the day or night, on weekends, or during holidays.
B. In determining whether a residential area may be designated as a residential permit parking area, pursuant to RCMC 10.25.050 and 10.25.060, the public works director and the city council shall take into account factors which include, but are not limited to, the following:
1. The extent of the desire and need of the residents for residential permit parking;
2. The extent to which on-street parking is occupied by motor vehicles during the period proposed for parking restrictions;
3. The extent to which vehicles parking in the area during the period proposed for parking restrictions are commuter vehicles rather than resident vehicles. [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].
10.25.050 Designation process.
A. Persons desiring a residential permit parking program in a residential area shall consult with the public works director to tentatively establish the boundaries of the area proposed for designation.
B. Upon receipt of a petition from a group of neighborhood residents or appropriate neighborhood association indicating that at least 60 percent of the residents are in favor of permit parking in the residential area proposed for designation, the public works director shall evaluate the proposal to determine the appropriate residential permit parking restrictions for the area.
C. Within 30 days of the completion of the public works director’s evaluation to determine appropriate residential permit parking restrictions for the area, the public works director shall notice, as herein provided, a public hearing or hearings on the subject of the proposed residential permit parking area. Said hearing or hearings shall be conducted for the purpose of ascertaining boundaries for the proposed residential permit parking area as well as the appropriate restrictions on parking.
D. Notice of the public hearing or hearings provided for herein shall be mailed generally in the neighborhood, and to those institutions generating a significant volume of nonresident parking in the neighborhood. The notice shall clearly state the purpose of the hearing, the location and boundaries tentatively considered for the proposed residential permit parking area and, if applicable, the approximate permit fee to be charged. During such hearing or hearings, any interested person shall be entitled to appear and be heard.
E. Within 30 days after completion of the public hearing(s) the public works director shall mail out notices to the residents of the proposed residential permit parking area. Said notices shall provide information on the proposed location and boundaries of the area and the proposed residential permit parking restrictions therein. Residents of the proposed residential permit parking area may return the notices indicating their support or opposition to the area. [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].
10.25.060 Recommendation of the public works director.
A. Following the designation process described in RCMC 10.25.050, the public works director shall issue a written recommendation to the city council whether to designate the residential area under consideration as a residential permit parking area within 60 days after the close of public hearings pursuant to RCMC 10.25.050(D). Such recommendation shall be based upon the record of the hearing or hearings, the evaluation performed, the petition submitted, and the returned notices received from the residents indicating support for or opposition to the program.
B. The recommendation of the public works director shall set forth the significant subjects and concerns raised at the public hearing or hearings conducted, the proposed boundaries of the residential permit parking area, the proposed parking restrictions, and the support for the program shown by the returned notices from the residents.
C. If the city council desires, it will adopt a resolution establishing the program for the area including the boundaries, parking restrictions, fees, if any, and any other applicable provisions.
D. The designation process and designation criteria set forth in this chapter shall also be utilized by the public works director in determining whether to recommend removal of designation as a residential permit parking area from a particular residential area. [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].
10.25.070 Issuance of permits.
A. Parking permits shall be issued by the public works director. Each such permit shall state or reflect the particular residential permit parking area, the license number of the motor vehicle for which it is issued, and any additional information required by the public works director to enforce the provisions of this chapter. No more than one parking permit shall be issued to each motor vehicle for which application is made. The requirements governing the manner in which persons shall qualify for parking permits in each residential permit parking area shall be as established by this chapter.
B. Parking permits may be issued for motor vehicles only upon application of the following persons:
1. A resident of the residential permit parking area who owns a motor vehicle registered with the California Department of Motor Vehicles at the address where the resident lives;
2. A resident of the residential permit parking area who has a leased or possesses a company-owned vehicle which is regularly parked in the area;
3. A person who owns or leases commercial property located in the residential permit parking area and actively engages in business activity within a residential permit parking area. However, no more than one parking permit may be issued for each motor vehicle registered to the business establishment at the address in the designated area;
4. An owner of residential property that is located within the residential permit parking area. [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].
10.25.080 Visitor permits.
The public works director is authorized, upon application, to issue visitor permits to residents and owners or lessees of commercial property located within a residential permit parking area for use by bona fide visitors therein. Such a visitor permit shall have all the rights and privileges of a regular permit, except as provided in RCMC 10.25.130 and 10.25.140. The requirements governing the manner in which persons shall qualify for visitor permits in each residential permit parking area shall be established by this chapter. [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].
10.25.090 Posting of residential permit parking area.
Upon the adoption of the city council of a resolution designating a residential permit parking area, the public works director shall cause appropriate signs and markings to be erected in the area, indicating prominently thereon the parking and restrictions, prohibitions, and conditions under which permit parking shall be exempt. [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].
10.25.100 Display of permit.
Residential parking permits shall be affixed to the left rear bumper of the resident’s vehicle, hung from an inside rear view mirror or lying flat and clearly visible on the dashboard of the vehicle to which it is assigned.
Visitor parking permit shall be hung from an inside rear view mirror or lying flat and clearly visible on the dashboard of the visitor’s vehicle.
Failure to display a current, valid permit shall be prima facie evidence that the citation is valid. [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].
10.25.110 Permit parking exemption.
A resident motor vehicle or nonresident motor vehicle on which is displayed a valid parking permit as provided for herein shall be permitted to park in the residential permit parking area for which the permit has been issued without being limited by parking restrictions established pursuant to this chapter.
Said motor vehicle shall not be exempt, however, from other parking regulations or prohibitions established pursuant to other relevant portions of the Rancho Cordova Municipal Code or Vehicle Code. All other motor vehicles parked within a residential permit parking area shall be subject to the parking restrictions adopted as provided in this chapter as well as the penalties provided for herein.
A residential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated residential permit parking area. [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].
10.25.120 Permit term – Application and renewal.
Except as provided otherwise herein, each parking permit issued shall be valid for one year or such other period of time as designated by the public works director from the date of issuance. Permits may be renewed annually or for some other period of time as designated by the public works director upon reapplication in the manner required by the public works director. Each application or reapplication for a parking permit shall contain information sufficient to identify the applicant, his or her residence address or address of real property owned or leased within residential permit parking area, the license number of the motor vehicle for which application is made, and such other information that may be deemed relevant by the public works director. [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].
10.25.130 Permit fees.
The fee, if any, for eligible residents within the residential parking permit area for a residential parking permit or a visitor permit shall be established by resolution of the city council. [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].
10.25.140 Penalty provisions.
A. It is a violation of this chapter, unless expressly provided to the contrary herein, for any person to park a motor vehicle contrary to the parking restrictions established pursuant hereto. Said violation shall be subject to civil penalty as specified in the resolution by the city council pursuant to RCMC 10.25.030.
B. It is unlawful and a violation of this chapter for a person to falsely represent himself or herself as eligible for a parking permit or to furnish false information in order to obtain a permit. Said violation shall be punishable by a fine not to exceed $500.00 or by imprisonment for a period not exceeding six months, or both.
C. It is a violation of this chapter, unless expressly provided to the contrary herein, for a person holding a valid parking permit issued pursuant to this chapter, to permit the use or display of such permit on a motor vehicle other than that for which the permit is issued. Such conduct shall constitute a violation of this chapter both by the person holding the valid parking permit and the person who so uses or displays the permit on a motor vehicle other than that for which it is issued. Said violation shall be subject to civil penalty as specified in the resolution adopted by the city council pursuant to RCMC 10.25.030.
D. It is a violation of this chapter to use, or allow to be used, a visitor permit for a nonresident commuter who desires to park in the residential parking permit area. Said use of a visitor permit for commuter parking shall constitute a violation of this chapter both by the person to whom the visitor permit was issued and by the registered owner of the vehicle upon which the visitor permit is displayed. Said violation shall be subject to civil penalty as specified in the resolution adopted by the city council pursuant to RCMC 10.25.030.
E. It is unlawful and a violation of this chapter for a person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit in order to evade parking restrictions applicable in a residential permit parking area. It is also a violation to sell, transfer, exchange or assign any residential, visitor or temporary permit. Upon conviction thereof, the person shall be punishable by a fine not exceeding $500.00 or be imprisoned for a period not exceeding six months, or both. [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].
10.25.150 Applicability to parking control vehicles.
The provisions of this chapter shall not be construed to prohibit the stopping, standing or parking of parking control vehicles while such vehicles are being used in parking control enforcement; provided, however, that this section shall not supersede provisions of this title which expressly refer to or regulate parking control vehicles.
As used in this section the term “parking control vehicles” means any vehicle used by an authorized official of the city during the enforcement of parking and registration regulations pursuant to the chapters of this code and the California Vehicle Code. [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].
10.25.160 Annexation of residential streets to residential permit parking areas.
Whenever the city council finds that residential streets adjacent to a residential permit parking area have all-day, on-street parking congestion, then upon recommendation by the public works director, such residential streets may be added by resolution to said residential permit parking area. A petition of 60 percent or more of the residents of said streets with affirmative responses seeking permit parking shall be required prior to implementation of residential permit parking restrictions. [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].
10.25.170 Modifications of restrictions.
On-street parking restrictions within a residential permit parking area may be changed by resolution of the city council based on recommendation by the public works director. [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].
10.25.180 Deletion of residential streets from residential permit parking areas.
A. The city council may initiate a proceeding to delete a street from a designated residential permit parking area by adopting a resolution of intention to delete.
B. The resolution shall include:
1. A declaration of intention by the city council to delete;
2. A description of the street or streets to be deleted; and
3. The date, time and place of a public hearing to consider the proposed deletion.
C. At least 10 days before the hearing, notice of the hearing shall be published in a newspaper of general circulation, posted not more than 200 feet apart along the street or streets proposed for deletion, and mailed to all persons who testified before the city council at public hearings in which the establishment of the residential parking permit area was considered.
D. At the hearing, the city council shall take into account the factors specified in RCMC 10.25.040(B). The city council may adopt a resolution deleting the street or streets described in the resolution of intention. [Ord. 11-2023 § 3 (Exh. A); Ord. 12-2015 § 2].