This article is enacted pursuant to authority granted by sections 22507 and 22507.5 of the Vehicle Code to alleviate serious problems in certain residential areas of the city due, in part, to the misuse of available on-street parking, the parking of motor vehicles on streets therein by non-residents thereof for extended periods of time, resulting in neighborhood decline in said areas by reason of traffic congestion, noise, air pollution, traffic hazards, and inability of residents therein to park their motor vehicles near their residences.
(Ord. No. 1066, § 1, 2-28-05)
(a) 
[Petition required.] The director of public works or his/her designee shall provide petition forms to establish one or more residential parking permit districts.
(b) 
Submission of petition.
(1) 
Proceedings for designating a residential parking permit district may be initiated by petition containing the signatures of at least two-thirds ( 2/3) of the residents of all units of occupancy fronting curbs proposed to be included in a residential parking permit district. Such petition, in a form approved by the director of public works, shall include the street boundaries of the proposed residential parking permit district, signatures of the residents within the proposed residential parking permit district, an affirmative representation from such residents that each signator acknowledges and agrees to assume the associated administrative and enforcement costs, and shall include the signature, printed name, and address of each signator thereto.
(2) 
Following inspection and verification of the completeness and sufficiency of the petition, the director of public works or his/her designee, shall certify the sufficiency of the petition and forward the same to the city council at its next regularly scheduled meeting following receipt of the petition for consideration and possible action.
(3) 
Upon receipt of a certified petition, the city council shall then set a date, time, and place for a public hearing on any petition to form a residential parking permit district. The city clerk shall mail notice of such hearing at least 10 calendar days prior to the hearing to all property owners, residents, and commercial occupants within the proposed district and within 400 feet of the boundaries of such district, measured from the outer edges of the rights-of-way constituting the outer district boundaries.
(c) 
Consideration of petition.
(1) 
At the public hearing on any certified petition, the city council shall determine if there is good cause, in the sound discretion of the city council, to create a residential parking permit district. Such determination shall be based upon, but not limited to, substantial compliance with the following guidelines:
a. 
High demand. More than 75% of on-street spaces are occupied during the period proposed for parking restriction or prohibition. In cases where a time limit parking restriction or parking prohibition is already in place, the director of public works or his/her designee shall use reasonable judgment as to whether the demand criteria would likely be met without the restriction or prohibition; and
b. 
Self-contained area. The district, alone or in combination with other existing or potential residential parking permit districts, constitutes a reasonably self-contained area of parking demand and supply. The director of public works or his/her designee shall make the determination of a reasonably self-contained area, utilizing boundaries such as major streets, nonresidential land uses, edges of higher or lower density residential areas; and utilizing surveys of existing conditions to determine extent of area impacted by nonresident parking. The director of public works or his/her designee shall designate each such self-contained residential parking permit district with a unique letter or combination of letters, which shall be the official designation of said district. The purpose of this designation process is to ensure that proposed residential parking permit districts are of sufficient size as to reasonably encompass the problem area and to offer sufficient on street parking spaces to provide reasonable opportunity for residents to obtain parking.
(2) 
When the district is proposed solely for daytime residential permit parking, the following guidelines shall apply:
a. 
Nonresidential users. More than 50% of vehicles parking at curbside during the period proposed for parking restriction or prohibition are owned by nonresidents of the district. In cases where a time limit parking restriction or prohibition is already in place, the director of public works/city engineer shall use reasonable judgment as to whether the demand criteria would likely be met without the restriction or prohibition.
(3) 
Such additional criteria may be applied as the city council may deem reasonable and prudent to the creation of such a district.
(d) 
Modification or termination of parking district.
(1) 
The city council may modify or terminate any residential parking permit district upon receipt of a petition, on a form provided for the same by the director of public works or his/her designee, calling for such modification or termination which has been received by the director of public works or his/her designee, and which contains the signatures and the corresponding printed name and address representing a majority (50% plus one) of the dwelling units in the district. In addition, the city council may, on its own initiative and by resolution, set for public hearing the consideration of possible modification or termination of any residential parking permit district, based upon, but not limited to, any changes in the criteria upon which the original designation was based; such as, reduction in on-street parking demand or significant changes in traffic patterns.
(2) 
The city council shall set a time and place for a public hearing on any petition, or council-initiated resolution, to consider possible modification or termination of any residential parking permit district. The city clerk shall mail notice of such a hearing at least 10 calendar days prior to the hearing to all property owners, residents, and commercial occupants within any affected existing residential parking permit district.
(3) 
At the public hearing to consider possible modification or termination of any existing parking district, the city council shall determine if there is good cause, in the sound discretion of the city council, to modify or eliminate any residential parking permit district. Such determination shall be based upon, but not limited to, substantial compliance with the following guidelines:
a. 
Lack of demand. Fewer than 75% of on-street spaces are occupied during the period proposed for parking restriction or prohibition; and
b. 
Self-contained area. The residential district, alone or in combination with other existing or poten-tial residential parking permit districts, lacks the criteria to be deemed a self-contained area of parking demand and supply; or
c. 
[Changes in circumstances.] Changes in the circumstances upon which any original parking district designation was based; such as, reduction in on-street parking demand or significant changes in traffic patterns.
(Ord. No. 1066, § 1, 2-28-05)
(a) 
The engineering division shall issue residential parking permits. Residential parking permits within any approved district shall be of three types: (1) resident parking permits, (2) guest parking permits, and (3) temporary parking permits. No more than one permit shall be issued for each vehicle for which application is made. Each resident parking permit issued shall reflect the license number of the vehicle for which the permit is issued.
(b) 
Residential parking permits may be issued only for passenger vehicles and pickup trucks, as defined in sections 465 and 471 of the California Vehicle Code, and only upon application of a person whose legal address is on a street, or portion thereof, designated as part of a residential parking permit district.
(c) 
Residential parking permits may be issued as follows:
(1) 
Up to two resident permits may be purchased per address. For each resident permit, proof of residency and registered ownership or exclusive use and control of a vehicle shall be demonstrated in a manner determined by the director of public works or his/her designee. The applicant shall provide the vehicle license plate number and such additional information as the director of public works or his/her design-ee deems necessary for the proper processing of the applicant.
(2) 
One guest parking permit may be purchased per address. A guest parking permit may be issued to a person whose legal address is on a street, or portion thereof, designated as part of a residential permit parking district. Use of a guest permit is limited to visitors and providers of services to the applicant or the applicant's residence and is not limited to a particular vehicle. The applicant is responsible for the proper use of the guest parking permit.
(3) 
Temporary parking permits may be issued for bona fide guests of residents of a residential parking permit district, provided that such permits shall be valid for no more than one day.
(Ord. No. 1066, § 1, 2-28-05)
(a) 
Permit applications may be obtained through the engineering division. Except for temporary parking permits, the term of the resident and guest parking permits shall be unlimited, as long as the residential permit parking district is in place. Each application shall contain such information as the director of public works or his/her designee 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, except that a guest permit may be used by various visitors and service people to the applicant's residence. The application shall also state that the sale or transfer of a permit in violation of this chapter shall be subject to a fine in the amount of $100 and that any misuse of any permit issued under this section is grounds for revocation of the permit by the director of public works or his/her designee.
(b) 
An application may be submitted by either the owner of the property for which a permit is sought or the tenant of such property, but in the case of applications submitted by tenants, the owner of the property shall also be required to sign the application form.
(Ord. No. 1066, § 1, 2-28-05)
The cost for the issuance of resident and guest parking permits shall be prescribed by the master fee schedule, which may be updated by resolution from time to time, or as the same may be established from time to time by resolution of the city council. The director of public works or his/her designee shall not issue a replacement permit unless the director has received satisfactory evidence that the permit being replaced has been lost or mutilated. The replacement fee for a residential or guest parking permit shall be prescribed by the city council in the master fee schedule, which may be updated by resolution from time to time.
(Ord. No. 1066, § 1, 2-28-05; Ord. No. 1103, § 16, 10-27-08)
Resident parking permits shall be firmly attached to the left side of the rear bumper of the vehicle for which the permit is issued so as to be readily visible to a person approaching the vehicle from the rear thereof. Guest permits or temporary permits shall be displayed from the rearview mirror or by such other method as directed in instructions contained on the permit itself.
(Ord. No. 1066, § 1, 2-28-05)
(a) 
The director of public works or his/her designee is authorized to revoke a resident parking permit or a guest parking permit of any person found to be in violation of the provisions of this chapter and, upon the written notification thereof, such person shall surrender the permit to the director or provide its destruction or disfigurement to the director's satisfaction. Additionally, the sale or transfer of a permit in violation of this chapter shall constitute an infraction punishable by a fine set by the master fee schedule, which may be updated by resolution from time to time.
(b) 
Any person whose residential 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 made required application therefore and has paid the fee required for a renewal permit.
(Ord. No. 1066, § 1, 2-28-05; Ord. No. 1103, § 15, 10-27-08)
The director of public works or his/her designee shall place and maintain or cause to be placed and maintained on each of the streets, or portions of streets, appropriate signs notifying the public of the time limits that vehicles must display residential parking permits.
(Ord. No. 1066, § 1, 2-28-05)
Residential parking referenced in this chapter shall be in effect and enforced on such days of the week and during such time periods as shall be determined by the city council when designating each residential parking permit district.
(Ord. No. 1066, § 1, 2-28-05)
Any passenger vehicle or pickup truck properly displaying valid, residential parking permits may be parked on any of the streets, or portions of streets, for which said permits have been issued without being limited by time restrictions on parking, other than those in effect for purposes of street sweeping or of prohibiting parking or stopping at any time or of prohibiting parking more than 72 consecutive hours, set forth in this title and applicable generally to parking of vehicles. Residential parking permits shall not guarantee or reserve to the holder thereof any on street parking space.
(Ord. No. 1066, § 1, 2-28-05)
(a) 
No person shall falsely represent himself or herself as eligible for residential parking permits or furnish false information in an application therefore to the director of public works or his/her designee.
(b) 
No person shall park or leave standing in a residential parking district a motor vehicle on which is displayed a residential parking permit which has been issued pursuant to the provisions of this chapter for a different passenger vehicle or pickup truck.
(c) 
No person shall park or leave standing in a residential permit parking district a motor vehicle on which is displayed a facsimile or counterfeit residential parking permit.
(d) 
No person whose residential parking permit has been revoked shall refuse or fail to surrender the permit to the director of public works or his/her designee when requested by the director, in writing, to do so.
(Ord. No. 1066, § 1, 2-28-05)
The director of public works or his/her designee may, from time to time promulgate rules and regulations to facilitate implementation of the chapter, which rules and regulations may include, but need not be limited to, procedures for the application for an issuance of permits hereunder and provision for a limitation of the number of permits that may be issued per dwelling unit.
(Ord. No. 1066, § 1, 2-28-05)