The purpose of this chapter is to reduce the adverse effects caused in certain areas of the city by motor vehicle congestion, particularly the long-term parking of motor vehicles on the streets of such areas by nonresidents. As more specifically set forth in Section 10.44.020, such parking by nonresidents threatens the health, safety and welfare of the residents and commerce in the city. In order to protect such residents and promote commercial well-being in affected areas, it is necessary to enact the preferential permit parking system established by this chapter.
The city council enacts the ordinance codified in this chapter in accordance with the authority granted by Article XI, Section 7 of the California Constitution, and pursuant to Vehicle Code Section 22507 which authorizes cities to designate certain streets for preferential parking.
(Ord. 24-17, 11/20/2024)
The preferential parking system established by this chapter will relieve the adverse effects caused by motor vehicle congestion by:
A. 
Protecting the ability of residents in certain areas of the city to obtain parking near their residences and ensure access to their residences;
B. 
Preserving the residential character of such areas and neighborhoods, which character has been compromised due to the presence of commuter vehicles;
C. 
Preserving the value of property in such areas and neighborhoods;
D. 
Protecting the safety of children and other pedestrians in such areas; and
E. 
Promoting traffic safety, peace, good order, comfort, convenience and the general welfare of the inhabitants of the city.
The above findings of the city council support the need for enactment of the ordinance codified in this chapter and is not meant to be an exhaustive list.
(Ord. 24-17, 11/20/2024)
For purposes of this chapter, the following words and phrases are defined as follows:
"Commuter vehicle"
means a motor vehicle parked in a preferential parking area by a person not a resident thereof.
"Customer vehicle"
means a motor vehicle parked for a period of less than two consecutive hours in a preferential parking area by a customer of a commercial establishment located therein.
"Dwelling unit"
means a house, apartment, or other residence with an assigned address as used by the U.S. Postal Service or as shown on the city's address system.
"Leases"
means pays rent or other remuneration for the use of real property as lessee's place of business.
"Motor vehicle"
includes an automobile, truck, motorcycle or other motor driven form of transportation not in excess of ten thousand pounds gross weight.
"Nonresident permit"
means a permit issued by the parking manager to allow parking of a commuter vehicle in a preferential parking area where the city council has, by resolution, authorized the use of such permits.
"Occupancy rate"
means the ratio of available parking spaces to the number of vehicles parked in such spaces.
"Owns"
means having acquired at least one-quarter of the fee interest in a parcel of real property within a preferential parking area.
"Preferential parking area"
means an area designated as provided in this chapter wherein motor vehicles displaying a valid permit as described herein shall be exempt from the time limit parking regulations or certain parking prohibitions.
"Preferential parking permit"
means any vehicle, visitor, or temporary permit issued for the purpose of parking in a preferential parking area.
"Resident vehicle"
means a motor vehicle parked in a preferential parking area by resident.
"Resident"
means a person who dwells within the preferential parking area on a permanent basis.
(Ord. 24-17, 11/20/2024)
A. 
An area shall be deemed eligible for consideration as a preferential parking area if, based on a recommendation by the parking manager and the following factors, the area is found to be adversely affected by commuter vehicles for any extended period during the day or night, on weekends, or during holidays.
B. 
In determining whether an area identified as eligible for preferential permit parking may be designated as a preferential parking area, the parking manager and the city council shall take into account factors which include, but are not limited to the following:
1. 
The extent to which legal on-street parking spaces are occupied by motor vehicles during the period proposed for parking regulations;
2. 
The extent to which motor vehicles parking in the area during the period proposed for parking regulations are commuter vehicles rather than resident or customer vehicles; and
3. 
The extent to which parking spaces for customer vehicles and motor vehicles registered to residents cannot be met by the number of available off-street parking spaces.
C. 
A preferential parking area shall be deemed eligible for modification or deletion if, based on a determination by the parking manager and objective criteria established by the city, there is a substantial change in the character of the preferential parking area that impacts the need and desire for modification or deletion of the preferential parking area or a portion of the preferential parking area.
D. 
In determining whether an area identified as eligible for modification or deletion as a preferential parking area, the parking manager and the city council shall take into account factors which include, but are not limited to the following:
1. 
The boundaries of the area proposed for modification or deletion;
2. 
The extent of interest by the residents in a preferential permit parking area for deletion of the area as a preferential permit parking area;
3. 
The parking occupancy rate;
4. 
Whether there has been or will be a substantial change in the character of the preferential parking area that impacts the need and desire for modification or deletion of the preferential permit parking area or a portion of the preferential permit parking area;
5. 
The general consensus of property owners to modify or delete the preferential parking area or a portion of the preferential parking area.
(Ord. 24-17, 11/20/2024)
The study of feasibility for establishment, modification, or deletion of a preferential parking area may be initiated by the city council or the parking manager based upon their own action or based upon petition of interested persons. After initiation of such a request, the process for establishment, modification or deletion of a preferential parking area is as follows:
A. 
The parking manager shall undertake a survey or study as deemed necessary to determine whether the area is eligible to be a preferential parking area.
B. 
Following the completion of surveys or studies to determine whether designation, modification, or deletion criteria are met, the city council shall consider the eligibility of the area under consideration for designation, modification, deletion as a preferential parking area. The city council shall also consider the boundaries of the proposed parking area as well as the proposed regulations on parking.
C. 
The parking manager shall recommend for or against the modification, deletion or designation of the area under study as a preferential parking area. Such recommendation may also include a list of recommended conditions and regulations applicable to any area proposed for modification, deletion or designation as a preferential parking area.
D. 
If the city council determines that a preferential parking area should be created, modified or deleted, it shall adopt a resolution establishing the program, modification or deletion of the area in question including the boundaries, parking regulations, fees, if any, and other appropriate conditions. Thereafter, the program shall be implemented as hereinafter provided.
(Ord. 24-17, 11/20/2024)
A. 
Preferential parking permits shall be issued under the direction of the parking manager. Each permit shall state for which preferential parking area it is issued.
B. 
Preferential parking permits may be issued upon application of the following persons:
1. 
A resident of the preferential parking area who owns a motor vehicle;
2. 
A person who owns or leases commercial property and actively engages in business activity within a preferential parking area where the city council has authorized the issuance of such permits by resolution;
3. 
A non-resident person who pays the non-resident fee in those areas where the city council has authorized the usage of non-resident permits by resolution.
C. 
The requirements governing the manner in which persons qualify for preferential parking permits in each preferential permit parking area shall be established by the parking manager and may include, but not be limited to, current California Department of Motor Vehicle registration and proof of current residency, both of which shall reflect the address of the resident or owner to whom the permit will be issued.
(Ord. 24-17, 11/20/2024)
The parking manager is authorized upon application to issue visitor parking permits to residents and owners of properties in a preferential parking area for use by transient visitors.
(Ord. 24-17, 11/20/2024)
Upon the adoption by the city council of a resolution designating a preferential parking area, the parking manager shall cause appropriate signs, markings or meters to be erected in the preferential parking area, prominently indicating applicable parking regulations and conditions. Such parking regulations and conditions shall not apply until signs, markings or meters giving adequate notice thereof have been placed.
(Ord. 24-17, 11/20/2024)
A. 
A vehicle displaying a valid preferential parking permit as provided for in this chapter shall be permitted to be parked in the preferential parking area for which the permit has been issued without being limited by posted time limits and paid parking regulations or without being limited by parking prohibitions which limit parking to residents.
B. 
A preferential parking permit shall not guarantee or reserve to the holder thereof an on- street parking space within the preferential parking area.
(Ord. 24-17, 11/20/2024)
Preferential parking permits shall be valid for a period to be determined by the parking manager. Permits may be renewed upon reapplication in the manner required by the parking manager. Each application or reapplication for a preferential parking permit must contain information sufficient to identify the applicant, the residence address or address of real property owned or leased within a permit area, the license number of the motor vehicle for which application is made and such other information that may be deemed relevant by the parking manager.
(Ord. 24-17, 11/20/2024)
The fee for preferential parking permits shall be established by resolution of the city council.
(Ord. 24-17, 11/20/2024)
A. 
It is a violation of this chapter, unless expressly provided to the contrary herein, for any person to stand or park a motor vehicle contrary to the parking regulations and conditions established pursuant hereto. Such violation shall subject to civil penalty as specified in the resolution adopted by the city council.
B. 
It is a violation of this chapter for a person to falsely represent him or herself as eligible for a preferential parking permit or to furnish false information in order to obtain a permit. Any such violation shall subject the violator(s) to a parking penalty not to exceed the penalties set forth in Section 10.08.150 for infractions, and revocation of the person's preferential permit(s) for one year. At the end of the one year period, the individual may apply for a preferential parking permit.
C. 
It is a violation of this chapter to use, or allow to be used, any preferential parking permit for commuter parking. Use of any preferential parking permit for commuter parking shall mean: (1) use of a preferential parking permit more than two city blocks from the address for which it is issued; or (2) use of a preferential parking permit for the purpose of parking to go to one's place of employment or educational institution. Use of a preferential parking permit for commuter parking shall constitute a violation of this chapter both by the person to whom the preferential parking permit was issued and by the registered owner of the vehicle upon which the preferential parking permit is displayed. This violation shall be subject to civil penalty as specified in the resolution adopted by the city council.
D. 
It is a violation of this chapter for a person to alter, copy, produce or otherwise bring into existence a facsimile or counterfeit preferential parking permit in order to evade the parking regulations of this chapter. It is also a violation to sell, transfer, exchange or assign any vehicle, visitor or temporary permit. Any such violation shall subject the violator(s) to a parking penalty not to exceed five hundred dollars and revocation of the person's preferential permit(s) for one year provided that the proper documentation is submitted to obtain any renewal permits at the time of application.
(Ord. 24-17, 11/20/2024)
In the event a preferential parking permit is being used in a manner which violates this chapter, the parking manager may cancel the permit by issuing notice to the holder of the permit. In addition to canceling any preferential parking permit used in violation of this chapter, the parking manager may deny any further application for a preferential parking permit by any person who has used a preferential parking permit in violation of this chapter or any application for a preferential parking permit by any person for the residence in which such person resides for so long as that person continues to reside there. Any person aggrieved by such a determination made by the parking manager shall have the right to appeal to the parking manager within ten days of such determination by filing an appeal with the city clerk pursuant to the process set forth in Chapter 1.08.
(Ord. 24-17, 11/20/2024)
If any portion of this chapter is invalid, all valid sections are severable from the invalid section(s) and shall remain in effect. If any section is invalid in one or more of its applications, the section shall remain in effect in all valid applications which are severable from the invalid applications.
(Ord. 24-17, 11/20/2024)