For the purpose of this chapter, the following words are defined
and will be construed as hereinafter set out, unless it shall be apparent
from the context that they have a different meaning:
Hotel.
A building, group of buildings or portion of a building as defined in chapter
28.04 or classified in section
30.295.040 of this code.
Parking Permit.
A Resident Parking Permit, Temporary Resident Parking Permit,
Visitor Parking Permit, Hotel Guest Parking Permit, Special Circumstances
Parking Permit, or Employee Parking Permit, as provided in this chapter.
(Ord. 4194, 1983; Ord. 4235, 1983; Ord. 4303, 1984; Ord. 4885, 1994; Ord. 5459, 2008; Ord. 5798, 2017)
The City may designate by resolution any area of the City which
satisfied the criteria established by this chapter as a Permit Parking
Area and may authorize the Transportation Engineer to establish parking
restrictions and limitations within that Area or any portions thereof.
(Ord. 4194, 1983; Ord. 4235, 1983; Ord. 4303, 1984)
In determining whether to designate an area as a Permit Parking
Area or establish or modify parking exemptions or restrictions within
any portion of that Area, the Transportation Engineer and the City
Council shall consider at least the following criteria:
A. The
extent to which the residents and merchants of an area desire and
need permit parking;
B. The
extent to which on-street parking spaces are available for use by
vehicles of the residents, their visitors and merchants and are not
occupied by vehicles of others;
C. The
size and configuration of the area as it relates to enforcement of
parking and traffic regulations and the potential impact of parking
and traffic congestion on this and adjacent areas as the result of
the establishment of a Permit Parking Area;
D. Whether
other regulatory measures will better solve the problem.
(Ord. 4194, 1983; Ord. 4235, 1983; Ord. 4303, 1984)
A. Recommendation.
Upon the request of the City Council, the Transportation Engineer
will undertake surveys or studies as he or she deems necessary to
prepare a report and recommendation to the City Council as to whether
an area should be designated as a Permit Parking Area.
B. Hearing.
After the completion of his or her report and recommendation, the
Transportation Engineer shall give notice and conduct one or more
public hearings for the purpose of receiving public comments on the
proposed designation of a Permit Parking Area.
C. Notice.
Notice of the public hearing provided for herein shall be published
once in a newspaper of general circulation in the City of Santa Barbara
and shall be posted in the City Hall by the City Clerk at least 10
days prior to said hearing. The notice shall clearly state the purpose
of the hearing and shall include a description of the location and
boundaries considered for the proposed Permit Parking Area, the streets
involved, the parking restrictions and limitations being proposed,
and the fees proposed to be charged for Permits.
(Ord. 4194, 1983; Ord. 4235, 1983; Ord. 4303, 1984)
A. After
the completion of said hearing or hearings, the Transportation Engineer
shall submit his or her report and recommendations to the City Council,
which shall include at least the following:
1. Boundaries
of the proposed Permit Parking Area;
2. Existing
and proposed parking restrictions which may vary within a Permit Parking
Area;
3. Information
generated as a result of surveys and studies;
4. Significant
comments submitted at the public hearings;
5. Information upon which the City Council may determine whether the criteria set forth in Section
10.46.030 of this chapter have been satisfied;
6. Any
other relevant information.
B. The
designation process and the designation criteria set forth in this
chapter shall also be utilized by the Transportation Engineer and
the City Council to modify or terminate a Permit Parking Area.
(Ord. 4194, 1983; Ord. 4235, 1983; Ord. 4303, 1984)
A. The
City Council may, at the time a Permit Parking Area is established
or modified, establish permit parking restrictions for all or a portion
of that Area.
B. After establishment of a Permit Parking Area, the Transportation Engineer may establish or modify permit parking exemptions and restrictions in accordance with applicable rules and regulations adopted pursuant to Section
10.46.100.
(Ord. 4303, 1984)
A. Eligible
vehicles. Parking Permits may only be issued for use by passenger
motor vehicles, motor driven cycles, and trucks of 3/4 ton capacity
or less. No Parking Permit may be issued for use by any other vehicles,
including, but not limited to, motor vehicles in excess of 3/4 ton
capacity, recreational motor homes, buses, motor vehicles not legally
licensed to travel on a public highway, or motor vehicles exceeding
seven feet six inches in height or 22 feet in length.
B. Issued
for specific vehicles. Resident Parking Permits, Special Circumstances
Parking Permits, and Employee Parking Permits may be used only by
the vehicle which is identified in the application for the Permit.
(Ord. 4194, 1983; Ord. 4235, 1983; Ord. 4303, 1984; Ord. 4885, 1994)
A. Eligible persons. Resident Parking Permits for a designated Permit Parking Area may only be obtained by a natural person who is a bona fide resident of that Permit Parking Area as determined by the Transportation Engineer. No more than three annual Resident Parking permits may be issued to residents of any one legal residential unit as that term is defined by Chapter
28.04 or Section
30.300.180 of this code.
B. Specific
resident vehicle. A Resident Parking Permit may only be used by the
Resident Vehicle which is identified in the application for the Permit.
(Ord. 4194, 1983; Ord. 4235, 1983; Ord. 4303, 1984; Ord. 5459, 2008; Ord. 5798, 2017)
One Visitor Parking Permit may be issued for each legal dwelling unit within a designated Permit Parking Area for use by the resident or the resident's temporary visitors in accordance with applicable rules and regulations adopted under Section
10.46.100. The same privileges and restrictions applicable to a Resident Parking Permit shall be applicable to a Visitor Parking Permit. A Visitor Parking Permit may be issued for a period that does not exceed one year.
(Ord. 4303, 1984)
No more than three Temporary Resident Parking Permits may be
issued for a legal dwelling unit at any one time. The same privileges
and restrictions applicable to a Resident Parking Permit shall be
applicable to a Temporary Resident Parking Permit except that a Temporary
Resident Parking Permit shall not be valid for a period that exceeds
45 days.
(Ord. 4303, 1984)
A. Eligibility.
Hotel Guest Parking permits may be obtained by a hotel which (1) is
located within a Permit Parking Area; (2) was operated as a hotel
on November 13, 1984; and (3) was a nonconforming structure as to
parking on that date. For purposes of this section, a "nonconforming
structure as to parking" shall include a hotel to which a modification,
variance or similar approval has been granted and which would be nonconforming
as to parking in the absence of such approval.
B. Certificate
of allotment. A Certificate of Allotment shall authorize issuance
of a number of Hotel Guest Parking Permits not to exceed the hotel's
"parking deficiency," as calculated pursuant to the following subsection.
In order to obtain a Certificate of Allotment for a hotel that is
located within a Permit Parking Area, the owner of that hotel must
file an application for such a Certificate with the Transportation
Engineer.
C. Computation of parking deficiency. Parking deficiency for a hotel shall be calculated as follows: (1) the number of parking spaces required by Section
28.90.100 or Section
30.175.040 of this code if the hotel were not legally nonconforming as to parking and the actual number of parking spaces that the hotel possesses shall be determined; (2) the actual number of parking spaces shall be subtracted from said required number of parking spaces; and (3) the remainder would establish the parking deficiency and the maximum number of parking spaces that would be authorized in the Certificate of Allotment.
D. Procedure.
The Transportation Engineer shall refer a complete application for
a Certificate of Allotment to the Community Development Department
within 10 days after its receipt. The Community Development Department
shall review the application and advise the Transportation Engineer
within 30 days after said application is referred to it (1) if the
hotel is legally nonconforming as to parking; and (2) the amount of
the parking deficiency. Within 15 days after receipt of the advice
from the Community Development Department, the Transportation Engineer
shall (1) approve, approve with modifications or deny the application
for a Certificate of Allotment and (2) mail the applicant written
notification such approval or denial.
E. Review by director of public works. Any applicant for a Certificate of Allotment shall have the right to have the decision of the Transportation Engineer, pursuant to subsection
D of this section, reviewed by the Director of Public Works or his or her delegate. Such a request for review must be made in writing and filed with the Director of Public Works within 10 days after notification of said decision accompanied by any required fee.
F. Issuance
of hotel guest parking permits. The Transportation Engineer is authorized
to issue Hotel Guest Parking Permits to an owner of a hotel in a number
not in excess of the number of such permits authorized by the Certificate
of Allotment for that hotel.
G. Restriction.
A Hotel Guest Parking Permit may only be used by a bona fide guest
of the hotel and may not be issued to an employee of the hotel.
(Ord. 4235, 1983; Ord. 4303, 1984; Ord. 4799, 1993; Ord. 5798, 2017)
A. Issuance.
The City Transportation Engineer may issue an Employee Parking Permit
to an employee whose place of employment is reasonably near a Permit
Parking Area, where such use will not unreasonably displace vehicles
of residents, their visitors, or merchants in the area.
B. Eligible
persons. An Employee Parking Permit may only be obtained by a natural
person whose place of employment is reasonably near the Permit Parking
Area identified on the person's application and who is not a resident
of that Permit Parking Area.
(Ord. 4885, 1994)
A. Issuance
in permit parking areas. The City Transportation Engineer may issue
Special Circumstances Parking Permits for use within Permit Parking
Areas where the City Transportation Engineer determines that special
circumstances within a designated Permit Parking Area require special
parking access or restriction.
B. Issuance
by police. The Chief of Police may issue Special Circumstances Parking
Permits where the Chief of Police determines that emergencies, special
conditions or events, or other circumstances make necessary the suspension
or alteration of the usual vehicle standing or parking regulations.
C. Marking
special circumstances permit areas. The Chief of Police may place,
remove, cover, or install such traffic control device, barrier, sign,
marking, barricade tape or other device, or order such action, as
necessary to give notice of such special condition or requirements.
The Chief of Police may authorize the City Transportation Engineer
to place, remove, cover, or install such traffic control device, barrier,
sign, marking, barrier tape or other device, as necessary to give
notice of such regulations.
(Ord. 4885, 1994)
A. A motor vehicle on which is displayed a valid Parking Permit as provided for herein is exempt from parking restrictions or limitations established pursuant to Section
10.48.020 of this code, provided that such vehicle is stopped, standing or parking in the Permit Parking Area or portion thereof for which the Permit was issued and has valid and current registration issued by the Department of Motor Vehicles.
B. A Parking
Permit shall not guarantee the holder thereof to an on-street parking
space in the designated Permit Parking Area.
C. Vehicles displaying a valid Parking Permit will be subject to all on-street parking restrictions and limitations except those restrictions and limitations imposed pursuant to Section
10.48.020 of this code.
(Ord. 4194, 1983; Ord. 4235, 1983; Ord. 4303, 1984)
Except as otherwise provided, each Parking Permit issued by
the City Transportation Engineer shall be valid for a period not to
exceed one year. Permits may be renewed annually in the manner required
by the City Transportation Engineer. Each application for a Parking
Permit shall contain information sufficient to identify the applicant,
the address of his or her residence or place of employment, the license
number of the motor vehicle for which the application is made, and
such other information as may be deemed relevant by the Transportation
Engineer.
(Ord. 4194, 1983; Ord. 4235, 1983; Ord. 4303, 1984)
Fees for Parking Permits and activities authorized hereunder
shall be established by a resolution of the City Council.
(Ord. 4194, 1983; Ord. 4235, 1983; Ord. 4303, 1984)
The Transportation Engineer shall have authority to promulgate
and administer rules and regulations needed for the administration
and enforcement of this program, including, but not limited to, criteria
and procedures for issuance and revocation of a Parking Permit. These
rules shall be submitted to and approved by resolution of the City
Council.
(Ord. 4194, 1983; Ord. 4235, 1983; Ord. 4303, 1984)
A. Falsification.
No person shall falsely represent him or herself as eligible for a
Parking Permit or furnish false information in an application for
a Parking Permit.
B. Assignment.
No Parking Permit which has been issued shall thereafter be assigned
or transferred and any such purported assignment or transfer shall
be void and shall be grounds for revocation of the Permit.
C. Counterfeiting.
No person shall copy, produce, or create a facsimile or counterfeit
Parking Permit; nor shall any person use or display a facsimile or
counterfeit Parking Permit.
D. Penalty.
A violation of this section shall be a misdemeanor.
(Ord. 4194, 1983; Ord. 4235, 1983; Ord. 4303, 1984)
A. No
person shall stop, stand or park any vehicle upon a City street in
violation of any of the restrictions, rules or regulations established
pursuant to this chapter.
B. The
operator of any vehicle shall obey the instructions of any barrier,
sign, marking, barricade tape or other device placed or erected pursuant
to the provisions of this chapter.
C. No
person shall stop, leave standing or park any vehicle within an area
designated as prohibited, or contrary to the restrictions or limitations
indicated by barriers, signs, marking, barricade tape or other device
provided pursuant to the provisions of this chapter.
(Ord. 4885, 1994)
A. Other
provisions of this chapter notwithstanding, whenever the Chief of
Police determines that emergencies, special conditions or events,
or other circumstances make necessary the temporary suspension or
alteration of the usual traffic flow or vehicle standing or parking
regulations, the Chief of Police shall have the power and authority
to adopt and enforce regulations as necessary to effect such temporary
suspension or alteration. The Chief of Police may place, remove, cover,
or install such traffic control device, barrier, sign, marking, barrier
tape or other device, or station a police officer, or order such action,
as necessary to give notice of emergency or special condition regulations.
The Chief of Police shall reinstate the usual traffic flow or vehicle
standing or parking regulations by the removal or replacement of the
device or the Police Officer upon the termination of the emergency,
special condition, event or circumstance, unless otherwise directed
by the City Council.
B. The
Chief of Police may authorize the City Transportation Engineer to
place, remove, cover, or install such traffic control device, barrier,
sign, marking, barricade tape or other device, as necessary to give
notice of such regulations.
C. The
operator of any vehicle, and any pedestrian using the streets, shall
obey the instructions of any traffic control device, barrier, sign,
marking, barricade tape or other device placed or erected pursuant
to the provisions of this chapter.
D. No
person shall operate, stop, leave standing or park any vehicle contrary
to a prohibition imposed pursuant to the provisions of this chapter.
No person shall operate, stop, leave standing or park any vehicle
within an area designated as prohibited, or contrary to the restrictions
or limitations indicated by barriers, signs, marking, barricade tape
or other device provided pursuant to the provisions of this chapter.
(Ord. 4885, 1994)