The provisions of this article set forth procedures for the establishment of permit parking areas within the city of Pittsburg in order to alleviate, in certain residential areas, motor vehicle congestion caused by long-term parking by nonresidents of those areas.
(Ord. 1179 § 2, 2001)
The following words and phrases when used in this chapter shall have the meaning respectively ascribed to them in this section:
A. 
"Business"
means a commercial enterprise or establishment located in the designated preferential permit parking area.
B. 
"Dwelling unit"
means two or more connected rooms designed exclusively for occupancy by one family for living or sleeping purposes and having only one kitchen.
C. 
"Guest permit"
means a valid parking permit issued pursuant to PMC § 10.26.060.
D. 
"Nonresident vehicle"
means a motor vehicle not registered to or otherwise properly maintained by a resident residing within the specific residential area in which it is parked.
E. 
"Parking permit" or "permit"
means a valid residential parking permit or guest parking permit, in the form of a decal, sticker, or similar device issued pursuant to the provisions of this chapter, which, when displayed upon a motor vehicle as described herein in the residential area for which it is issued, shall permit the motor vehicle for which it is issued to park in that residential area notwithstanding any parking prohibition in that area established pursuant to the provisions of this chapter.
F. 
"Person"
means every natural person, firm, copartnership, association or corporation.
G. 
"Preferential residential permit parking area" or "permit parking area" or "residential area"
means an area with streets and boundaries designated by the city council by resolution within which vehicles displaying a valid parking permit issued for that residential area shall be permitted to park notwithstanding any parking prohibition in that area established pursuant to the provisions of this chapter.
H. 
"City engineer"
means the person occupying the position of city engineer of the city of Pittsburg or his or her designee. The city engineer shall propose those regulations for adoption by council resolution, which are needed to further the intent of the ordinance codified in this chapter. When adopted by council resolution, these regulations shall be enforceable as if set forth in the ordinance codified in this chapter.
I. 
"Valid application"
means a completed parking permit application obtained from the city community development department on which a resident has provided all requested information and is accompanied both by evidence of residency and vehicle ownership, with the vehicles registered at the resident's address, and by the required application fee. Appropriate evidence shall include, but not be limited to, a current vehicle registration, a current driver's license, and a recent utility bill.
(Ord. 1179 § 2, 2001)
A. 
An area shall be evaluated for preferential residential permit parking eligibility if, after meeting with staff and being informed of the criteria used in determining eligibility, residents of the area submit an application meeting the following requirements:
1. 
The application shall contain a description or a map showing the proposed residential permit parking area.
2. 
The application shall include a petition containing the signature, printed name, and address of residents of at least 67 percent of the dwelling units in the proposed area.
3. 
At the top of each page of the petition shall appear the following statement, with the proposed time restriction included:
We, the undersigned, are residents of the proposed residential permit parking area described in this application. We request that it be designated a preferential residential permit parking area and, if it is, understand that the following restrictions will be placed upon on-street parking within the area:_______________; that residents of the area and their visitors will be eligible to obtain permits exempting them from such parking restrictions; that an annual fee for residential parking permits may be charged. The fee, if any, will be determined by Council Resolution, and may be adjusted annually.
B. 
An area for which an application meeting the above requirements has been received shall have its eligibility for permit parking determined on the basis of the criteria listed below. Residential areas that, at the time the preferential residential permit parking program is adopted, already have parking prohibitions or restriction for the purpose of preventing all-day parking by nonresidents, will not be required to meet the second and third criteria.
1. 
A minimum of 80 percent of the property adjacent to the streets in the area must be zoned residential;
2. 
A minimum of 80 percent of all on-street parking spaces within the area must be occupied during any two peak parking hours of any three days during a two-week period;
3. 
A minimum of 25 percent of the vehicles parked on the street during the aforementioned time period must be registered to nonresidents of the area;
4. 
A determination by the city engineer that the size and boundaries of the identified area are such that designating it for permit parking would not result in shifting the parking problem to an adjacent area;
5. 
Such criteria which the city engineer deems necessary, which could include, but would not be limited to:
a. 
The extent to which vehicles owned by residents of the area could be accommodated by off-street parking spaces,
b. 
The location and number of parking spaces available for the vehicles of nonresidents that would be displaced in the proposed permit parking area.
C. 
At the completion of surveys and studies to determine whether the criteria are satisfied, a decision shall be made by the city engineer as to the eligibility of the area for permit parking. If an area is deemed eligible, a resolution establishing it as a permit parking area shall be drafted. The resolution shall specify the following:
1. 
The boundaries of the area;
2. 
The appropriate prohibition or restriction on parking for the area;
3. 
The period of the day and the days of the week of the parking prohibition or restriction's application;
4. 
The beginning and ending dates of the 12-month period for which permits for the area shall be issued.
D. 
The city council of the city of Pittsburg will then conduct a public hearing on the proposed preferential residential permit parking (PRPP) area. Notice of the hearing to all owners of real property, as shown on the latest equalized assessment roll, within 300 feet of the area that is the subject of the hearing. In lieu of utilizing the assessment roll, the local agency may utilize records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom a notice would be mailed or delivered is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in a least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing.
E. 
If the notice is mailed or delivered it shall also be published in at least one newspaper of general circulation within the local agency that is conducting the proceeding at least 10 days prior to the hearing. In addition, it shall also be posted at least 10 days prior to the hearing in at least three public places within the boundaries of the local agency, including one public place in the area directly affected.
F. 
If, after a public hearing, an area is still deemed eligible to be a preferential residential permit parking area, the recommendations of the city engineer, along with a proposed resolution, shall be submitted to the city council.
G. 
The city council may adopt, modify and adopt, or reject a proposed resolution establishing preferential residential permit parking area.
H. 
At any time after a resolution establishing a PRPP area is adopted, the city may conduct surveys and studies to evaluate the area's continuing eligibility for PRPP. At any time after a resolution establishing a PRPP area is adopted, the city engineer may recommend that the area's PRPP designation be modified or rescinded. A public hearing, for which advance notice will be posted, will be held before the commission's recommendation is made to the city council. At any time after a resolution establishing a PRPP area is adopted, the city engineer may modify or rescind the area's designation.
I. 
At any time after the adoption of a resolution establishing a PRPP, the city council may, by appropriate resolution, modify or rescind the area's permit parking designation in any manner not inconsistent with this chapter.
(Ord. 1179 § 2, 2001)
The engineering department shall be responsible for the receipt of applications from and the issuance of parking permits to persons residing in or conducting business or nonbusiness enterprises in a designated permit parking area.
A. 
Each permit application received for the area shall be responded to within 10 working days of its receipt, either by issuing a permit or by providing the applicant with a written explanation of the reason(s) that the permit application is being denied.
B. 
A residential parking permit may be issued for motor vehicle upon receipt of valid application from a resident of a designated permit parking area.
1. 
The applicant must demonstrate that he or she is currently a resident of the area for which the permit is to be issued; and
2. 
The application must demonstrate that he or she has ownership or continuing custody of the motor vehicle for which the permit is to be issued.
C. 
No more than one permit may be issued to each motor vehicle for which an application is made.
D. 
Permits shall be good for a 12-month period and shall be renewable annually. Verification of current residency and of vehicle ownership shall be required for renewals.
E. 
Each permit shall be valid only for particular vehicle, 12-month period, and permit area for which it is issued.
F. 
No more than three permits may be issued to any one dwelling unit for vehicles owned by residents of that dwelling unit.
G. 
A preferential residential parking permit may, in addition, be issued upon receipt of a valid application for any vehicle owned or leased by a person who owns or leases commercial property and engages in business activity within the particular preferential residential permit parking area. A business located in the residential permit parking area will be allowed to obtain one permit for each motor vehicle it owns up to a maximum of three parking permits per business.
H. 
Each residential parking permit shall be affixed to the vehicles for which it is issued in the location determined by regulations adopted pursuant to PMC § 10.26.020(H).
I. 
Records of the number of parking permits issued to each dwelling unit, the names of permit holders, the license numbers of vehicles for which permits have been issued, the preprinted number of each permit, and the documents checked to establish residency and vehicle ownership for each permit shall be maintained by the community development department.
(Ord. 1179 § 2, 2001)
The community development department may revoke the parking permit(s) of any person or vehicle known to the community development department to no longer be eligible for a permit. Written notice, stating the reason(s) for the revocation and requesting removal of the permit(s) from the vehicle(s), shall be given to the permit holder.
(Ord. 1179 § 2, 2001)
A. 
Each dwelling unit within a residential area which is the residence of one or more valid permit holders shall be eligible to receive two guest permits valid in the permit parking area in which the dwelling unit is located. A maximum of two guest permits will be issued per dwelling unit may be issued to residents of such unit. One additional guest permit may be issued to nonresident property owners for properties owned in that area upon submission of proof of ownership.
B. 
The guest permit will be in the form designated by regulation adopted pursuant to PMC § 10.26.020(H). They will be valid for the entire permit year for the area for which they are issued and for all vehicles in which they are displayed.
C. 
There will be a $25.00 charge to replace a lost guest permit. A signed affidavit stating that the original guest permit has been lost will be required before a replacement will be issued.
D. 
Residents of designated permit parking areas who live in dwelling units in which no members have purchased resident parking permits can be issued two guest permits by providing proof of residency of one of its members and by paying the amount of the annual fee charged for a residential parking permit.
E. 
A maximum of 20 free one-day guest parking permits, per special event, can be obtained by residents of designated permit parking areas by requesting them, in person, from the community development department at City Hall.
(Ord. 1179 § 2, 2001)
A. 
Any resident may appeal to the city council by filing with the city clerk a written notice of such appeal in accordance with PMC § 1.08.050.
B. 
Any person who has been denied a permit(s) or had a permit(s) revoked may appeal to the city council by filing with the city clerk a written notice of such appeal in accordance with PMC § 1.08.050.
C. 
Such notice shall be filed with the city clerk within 14 days after receipt of written notice of such action appealed from, but in no event later than 30 days after the date of such action.
(Ord. 1179 § 2, 2001)
The annual fees for permits, if any, shall be established by resolution of the city council.
(Ord. 1179 § 2, 2001)
A. 
A motor vehicle on which is displayed a valid residential parking permit, as provided for herein, shall be permitted to stand or be parked in the residential permit parking area for which the permit has been issued without being limited by prohibitions or restriction established pursuant to the ordinance codified in this chapter.
1. 
This chapter shall not be interpreted or applied in a manner, which shall abridge or alter regulations established by authority other than the ordinance codified in this chapter.
2. 
This chapter shall not exempt the permit parking holder from other traffic controls and regulations existing in the designated preferential residential permit parking area.
3. 
This chapter shall not permit the parking permit holder to leave standing his or her vehicle for more than 72 hours.
4. 
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.
B. 
Any emergency vehicle including, but not limited to, an ambulance, fire engine, or police vehicle, which is under the control of an individual providing service to a property located in the permit parking area shall be permitted to stand or be parked on a street in the area without being limited by the prohibitions or restrictions established pursuant to the ordinance codified in this chapter.
C. 
Any vehicle, including but not limited to a delivery, utility, or service vehicle, which is under the control of an individual providing service to property located on a street in the permit parking area shall be permitted to stand or be parked on the street in the area without being limited by the prohibitions or restrictions established pursuant to the ordinance codified in this chapter. Identification of such vehicle as a commercial, utility, or service vehicle shall be the responsibility of the driver of such vehicle.
D. 
Any vehicle which is identified as used by a disabled or handicapped individual meeting the requirement of Section 22511.5 of the state of California Vehicle Code and displays a handicap plate or placard shall be permitted to stand or be parked on a street in the area without being limited by the prohibitions or restrictions established pursuant to the ordinance codified in this chapter.
(Ord. 1179 § 2, 2001)
A. 
Upon adoption of a resolution establishing a preferential residential permit parking area, the city engineer shall direct the installation of appropriate signs in the area, indicating prominently thereon the parking time limitation or prohibition, the period of the day for its application, and the conditions under which permit parking shall be exempt therefrom.
B. 
Once appropriate signs are erected in a permit parking area, a warning period of 14 days shall go into effect. During this warning period, motor vehicles not displaying valid permits, which are parking on the street in violation of or in excess of the posted parking prohibition or time limit restriction, shall be cited.
(Ord. 1179 § 2, 2001)
It is unlawful and constitutes a violation of this chapter for any person to do, or cause to be done, any of the following:
A. 
To stand or park a motor vehicle without a properly displayed current permit in violation of a signed parking restriction in a PRPP area;
B. 
To falsely represent himself or herself as eligible for a parking permit or to furnish false information in an application for a permit;
C. 
To permit the user or display of, or to use or display, a valid parking permit issued under this chapter on a motor vehicle other than that for which the permit was issued;
D. 
To copy, reproduce, or otherwise bring into existence a facsimile or counterfeit residential guest parking permit;
E. 
To knowingly use a facsimile or counterfeit resident or guest permit in order to evade a prohibition or time limitation on parking applicable in the permit parking area;
F. 
To sell, give, or exchange a valid parking permit issued under this chapter to any other person;
G. 
To knowingly commit any act which is prohibited by the terms of this chapter.
(Ord. 1179 § 2, 2001)