The following definitions will govern the construction of the
words and phrases used in this chapter:
means a parking permit district designated to allow residents
to park in front of their own private driveway when the property is
developed with only one house per lot as allowed by California Vehicle
Code Section 22507.2.
means a parking permit district designated to restrict on-street
parking to residents of the neighborhood between the hours of two
a.m. and six a.m. as allowed by California Vehicle Code Section 22507.5.
means any of three types of parking areas as requested by
the affected resident which requires a permit for on-street parking.
means a parking permit district designated to give on-street
parking preferences to residents and merchants of an area over commuters
from outside the area during designated hours as allowed by California
Vehicle Code Section 22507.
(Ord. 1037-10 § 1)
A.
The
director of public works or designee shall provide application and
petition forms to establish one or more parking permit districts.
B.
Submission
of Application and Petition.
1.
Proceedings
for designating a parking permit district may be initiated by petition
containing the signatures of at least two-thirds of the households
proposed to be included in a parking permit district in support of
the district. Such petition, on the form approved by the director
of public works, shall also require the sponsor of the petition to
list the address and to contact every household in the subject area.
If a resident is against the parking permit district, the word "OPPOSED"
must be noted on the petition signature space. If the sponsor is unable
to contact a resident, "NO CONTACT" will be noted on the petition
signature space with the days and times that contact was attempted.
The petition's sponsor must make at least two attempts on separate
days to contact a household.
2.
Submission
of a petition and application must be accompanied by a fee as established
by resolution of the city council. The fee may include the costs of
review of the application, CEQA analysis, mailing notices and other
costs anticipated in connection with an application.
3.
The
application must include a complete description of the parking permit
district boundaries, which shall be a minimum of three thousand six
hundred linear feet and must be contiguous. Parking permit districts
must include both sides of a designated street and all portions of
a block from intersection to intersection (no half blocks would be
permitted).
4.
The
application must also designate what type of district is being applied
for: driveway parking permit district, overnight parking permit district,
or preferential parking permit district. If an applicant is submitting
a request for a preferential parking permit district, the application
must include a description of the demonstrated parking problem (for
example, local high school or business park, etc.) and the application
must designate the requested hours for the district. If an applicant
is submitting a request for a driveway parking permit district, then
the entire area included in the district must be zoned as either R-1
(single-family residential) or R-2 (two-family residential) and only
developed with one house per lot. Also, driveway parking permit districts
are limited to streets with a minimum width of thirty-six feet.
5.
The
application must also include a certified list of all names and addresses
of the owners of real property within the proposed district as shown
on the county's current equalized assessment roll, and a certified
list of all addresses, including each address within a duplex, condominium
or apartment complex, located within the proposed district and within
five hundred feet from the exterior boundaries of the proposed parking
permit district.
6.
Following
inspection and verification of the completeness and sufficiency of
the application and petition, the director of public works or designee
shall certify the petition as complete. After certification of the
petition as complete, the director of public works or designee shall
present an evaluation of the petition to the city council which shall
addresses, but is not limited to, the feasibility of the proposed
district, the likelihood that the parking district will fulfill the
intent of the parking district ordinance, and the likelihood that
the parking district will improve parking conditions for the district's
residents.
7.
Upon
the director's certification that an application is complete and sufficient,
staff will undertake the required environmental review of the district
pursuant to the California Environmental Quality Act ("CEQA"). Prior
to initiating an environmental review, staff will request an appropriation
of funds from the city council to cover the anticipated costs of the
review. Once a petition is certified and the environmental analysis
has been prepared, the application and consideration of the CEQA analysis
will be forwarded to the city council for consideration at a public
hearing. The city clerk shall mail notice of such hearing at least
ten calendar days prior to the hearing to all property owners, residents,
and commercial occupants within the proposed district and within five
hundred feet from the outer edges of the rights-of-way constituting
the outer district boundaries.
8.
At
the public hearing, which may be continued from time to time if necessary,
the city council will receive a report from the public works department
regarding the feasibility of the district and, if necessary, consider
any documents required under CEQA. At the conclusion of the public
hearing, if the required CEQA approvals have been given, the city
council shall approve or revise the application if the city council
finds that there is good cause, in the discretion of the city council,
to create or revise and create the requested parking permit district.
C.
Modification
or Termination of Parking Permit District.
1.
The
city council may modify or terminate any parking permit district upon
receipt of a petition, on a form provided for the same by the director
of public works or designee, calling for such modification or termination
which has been received by the director of public works or designee,
which contains the signatures and the corresponding printed name and
address representing a majority (fifty percent plus one) of the dwelling
units in the district in support of the petition's purpose. Any petition
for modification or termination of a parking permit district must
be accompanied by a certified list of all names and addresses of owners
of real property as shown on the county's current equalized assessment
roll, and a certified list of all addresses, including each address
within a condominium or apartment complex, located within the existing
parking permit district. Upon receipt of a request for modification
or termination of an existing parking permit district, city staff
shall undertake the necessary environmental review to determine the
impacts, if any, of the modification or termination of a parking permit
district. Upon receipt of a complete and sufficient application for
modification or termination and the associated environmental review,
the city council shall conduct a public hearing to consider the possible
modification or termination of the parking permit district. The city
clerk shall mail notice of such hearing at least ten calendar days
prior to the hearing to all property owners, residents, and commercial
occupants within the proposed district and within five hundred feet
from the outer edges of the rights-of-way constituting the outer district
boundaries.
2.
Alternatively,
the city council may initiate the modification or termination of a
parking permit district by initiating the required environmental review.
Depending on the findings of the environmental review, the council
may then set a time and place for a public hearing to consider any
council-initiated request to modify or terminate a parking permit
district. The city clerk shall mail notice of such hearing at least
ten calendar days prior to the hearing to all property owners, residents,
and commercial occupants within the proposed district and within five
hundred feet from the outer edges of the rights-of-way constituting
the outer district boundaries.
3.
At
the public hearing to consider the possible modification or termination
of an existing parking permit district, the city council shall determine
if there is good cause, in the discretion of the city council, to
modify or eliminate the parking permit district.
(Ord. 1037-10 § 1)
A.
The
finance department shall issue parking permits. Parking permits within
any approved district shall be of two types depending on the type
of district approved.
1.
For
preferential parking permit districts and overnight parking permit
districts, up to two permits may be issued per household. For each
permit, proof of residency shall be demonstrated in a manner determined
by the director of finance or designee.
2.
For
driveway parking permit districts, one permit may be issued per property.
In addition, driveway parking permits can only be issued to properties
developed with one house per lot, even if the property is zoned as
R-2 (two-family residential). Should a property owner develop a second
unit on an R-2 (two-family residential) zoned property, the resident
must forfeit his or her driveway parking permit. For each permit,
proof of residency shall be demonstrated in a manner determined by
the director of finance or designee.
B.
Permit
applications may be obtained through the finance department. Each
application shall contain such information as the director of finance
or designee deems necessary for the proper processing of the application.
The application shall also contain a statement by the applicant agreeing
that the permit may not be sold or transferred in any manner, except
that a permit may be used by various visitors and service people to
the applicant's address. The application shall also state that the
sale or transfer of a permit in violation of this chapter is a misdemeanor
and that any misuse of any permit or fraudulent acquisition of a permit
issued under this section is grounds for revocation of the permit
by the director of finance.
C.
Permit
applications may be submitted by either the owner of the property
for which a permit is sought or the tenant of such property. All applications
must be signed under the penalty of perjury. Applications submitted
by tenants shall also require the signature of the owner of the property.
D.
The
term of all parking permits shall be one year.
(Ord. 1037-10 § 1)
Parking permits will be issued upon payment of a fee that will
be set by resolution of the city council. During the initial year
of a new parking district, permit fees will be increased to offset
the costs of the required environmental review.
(Ord. 1037-10 § 1)
Prior to the enforcement of this chapter with respect to any
district, the director of public works or designee shall acquire,
place and maintain or cause to be placed and maintained on each of
the streets, or portions of streets, signs notifying the public of
the time limits or parking restrictions in the parking permit district.
(Ord. 1037-10 § 1)
No person shall park or leave standing any vehicle upon any
properly posted public street in a designated parking permit district
without displaying a valid parking permit, with the exception of any
public emergency vehicle, public or utility vehicles in the course
of providing services, or tow trucks or similar vehicles in the course
of providing services. The district parking permits do not exempt
vehicles from any other posted parking signs or curb markings, including,
but not limited to, those in effect for purposes of street sweeping
or prohibiting parking or stopping at any time, or any other appropriate
California Vehicle Code sections. In addition, this section does not
exempt vehicles from laws prohibiting parking in one location for
more than seventy-two consecutive hours.
(Ord. 1037-10 § 1)
A.
Any
person who parks or leaves standing a vehicle in a designated parking
permit district without properly displaying a valid permit is guilty
of a parking violation and will be subject to citation, towing, or
both. Any person who violates this section shall be fined such sum
as the city council may establish from time to time by resolution.
B.
Every
person who displays a fraudulent, forged, altered, or counterfeit
district parking permit with the intent to avoid compliance with this
chapter is guilty of a misdemeanor.
C.
Every
person who forges, alters, or counterfeits a district parking permit
is guilty of a misdemeanor.
D.
Every
person who falsely represents himself or herself as eligible for parking
permits or furnishes false information in an application therefor
to the director of finance or designee is guilty of an infraction.
E.
Every
person who furnishes false information in an application or petition
for a parking permit district is guilty of an infraction.
F.
Any
person whose parking permit has been revoked and who refuses or fails
to surrender the permit to the director of finance or designee when
requested by the director or designee, in writing, to do so is guilty
of an infraction.
(Ord. 1037-10 § 1)
The prohibitions in this chapter will apply at all times, or
at those times specified, except when necessary to stop a vehicle
to avoid conflict with other traffic or to comply with the directions
of a sheriff's deputy or an official traffic control device.
(Ord. 1037-10 § 1)
