A. Authority to Establish Preferential Parking Zones. The city council may designate, by resolution, certain residential streets or any portion thereof as preferential parking zones for the benefit of residents within such zone, in which zone vehicles displaying a permit may be exempt from parking prohibitions or restrictions otherwise posted, marked or noticed. Each preferential parking zone shall be designated only upon findings that such zone is required to enhance or protect the quality of life in the area of the proposed zone which is threatened by noise, traffic hazards, environmental pollution, or devaluation of real property resulting from nonresident vehicular parking or traffic, and that such zone is necessary to provide reasonably available and convenient parking for the benefit of the residents within such zone. No resolution designating a preferential parking zone shall be enforceable until signs or markings giving adequate notice thereof have been placed.
B. Criteria for Findings. The findings set forth in subsection A of this section shall be based upon the existence of one or more of the following conditions established to the satisfaction of the city council:
1. Nonresident vehicles regularly and substantially interfere with the use of available public street parking spaces by the residents in the area of the proposed zone;
2. A shortage of reasonably available and convenient residential-related parking spaces exists in the area of the proposed zone;
3. Extended parking during the day or night by a substantial number of nonresident vehicles in the area of the proposed zone;
4. Overnight parking by a substantial number of nonresident vehicles in the area of the proposed zone.
C. Establishment of Specific Zones.
1. Upon receipt and verification of a petition on a form supplied by the public works director, signed by residents of two-thirds of the dwelling units of the area and proposed for designation, the public works director and chief of police shall jointly review the petition and submit a report to the city council.
2. After receipt of the report, the city council shall conduct a public hearing thereon, for the purpose of determining whether such preferential parking zone should be established by resolution. Notice of such public hearing shall be given at least ten days prior to the hearing, by publication in a newspaper of general circulation and by mailing to the property owners as shown on the last equalized assessment roll, and to the occupants, of each parcel in the area proposed for designation as a preferential parking zone.
3. As an alternative to the petition described in subsection (C)(1) of this section, the city council, on its own motion, may initiate the public hearing process described in subsection (C)(2) of this section if the city council finds that a petition by two-thirds of the residents is unnecessary. Prior to the public hearing, the public works director shall notify the neighborhood residents of the city council's interest in establishing a preferential parking zone, and shall conduct neighborhood outreach, through a neighborhood meeting or other means, to ascertain the neighborhood residents' interest in the establishment of a preferential parking zone. After the neighborhood outreach effort, the public works director shall prepare the report as described in subsection (C)(1) of this section.
D. Issuance of Permits.
1. Bumper Sticker Permits. The chief of police shall issue permits, in the form of adhesive labels or decals, for preferential parking to qualified applicants who have completed an application form supplied by the chief of police. Applicants for such permits shall present such proof as may be required by the chief of police of residence within the area designated as a preferential parking zone. Not more than three permits shall be issued for each qualified dwelling unit to any qualified applicant. Applicants requesting more than three permits for any dwelling unit may be granted additional permits by the chief of police upon a showing that there are more than three vehicles registered at the address of such dwelling unit and that insufficient off-street parking is available to the applicants during the effective hours of the preferential parking zone. The finance department shall collect a fee for each permit issued.
2. Duration of Permit. Permits issued pursuant to this section, with the exception of visitor permits, shall remain effective so long as the applicant continues to reside at the address set forth on the application and continues to own the vehicle to which the permit is attached, and so long as the zone for which the permit was issued remains in effect.
3. Visitor Permit. Any resident eligible for a preferential parking permit may also apply to the chief of police for a visitor preferential parking permit for the use of visitors to the home of the applicant. The chief of police shall collect a refundable fee for each such permit issued. No more than two visitor preferential parking permits shall be issued for any one dwelling at any time. Visitor preferential parking permits shall be valid for a period of thirty days. Visitor preferential parking permits shall not be replaced if lost or stolen, except upon the payment of an additional fee as required herein.
4. Placement. Permits shall be placed upon the left rear bumper of each vehicle to be accorded preferential parking privileges, except that visitor permits shall be placed on the left front vehicle dashboard.
5. Conditions of Permit. Each permit shall be subject to all conditions and restrictions set forth in this section and of the preferential parking zone for which it is issued. The issuance of such a permit shall not be construed to be a permit for, or approval of, any violation of any provision of this code or any other laws or regulations.
6. Fees. Such fees as may be required herein shall be set from time to time by resolution of the city council. Fees shall be waived for those residents whose monthly income meets the current standards used for Southern California Edison's California Alternate Rates for Energy (C.A.R.E.) program.
E. Prohibitions.
1. No vehicle shall be parked or stopped adjacent to any curb in a preferential parking zone in violation of any posted or noticed prohibition or restriction unless such vehicle shall have prominently displayed upon the left rear bumper thereof a permit indicating the exemption from such restriction or prohibition, or a visitor preferential parking permit suspended from the rear view mirror therein indicating such exemption; except that the following vehicles shall be exempted from this prohibition:
a. A motor vehicle identified, in a manner prescribed by the public works director, as owned by or operated under contract to a utility, whether privately, municipally or publicly owned, when used in the construction, operation, removal, or repair of utility property or facilities or engaged in authorized work in the designated preferential parking zone;
b. A motor vehicle identified in a manner prescribed by the public works director, as owned by or operated under contract to a governmental agency, when used in the course of official government business;
c. A commercial vehicle or trailer engaged in loading or unloading property, or parked in connection with or in aid of the performance of a service to or on a property located in the block in which such vehicle is parked.
2. It shall be unlawful for any person to sell, rent or lease, or cause to be sold, rented or leased, for any value or consideration, any preferential parking permit. Upon conviction of a violation of this paragraph, all preferential parking permits issued to, or for the benefit of, the dwelling unit to which the sold, rented or leased permit is authorized shall be void.
3. It shall be unlawful for any person to buy or otherwise acquire for value or use any preferential parking permit, except as provided for in this section.
F. Termination of Preferential Parking Zones.
1. Upon receipt and verification of a petition supplied by the public works director, signed by residents living in two-thirds of the dwelling units of an area established as a preferential parking zone, or upon a motion by one of its members, the public works director and chief of police may jointly recommend to the city council that any preferential parking zone be terminated.
2. Upon such a recommendation by the public works director and chief of police, the city council shall conduct a public hearing thereon, for the purpose of determining whether a proper basis exists for terminating such preferential parking zone. Notice of such public hearing shall be given in the same manner as required for establishment of the zone.
3. Such a determination shall be based upon a finding that the conditions set forth in subsection A of this section no longer exist or have diminished in degree to such an extent as to make unnecessary the continuation of the zone.
(Ord. 99-09-1262 §§ 1--4; Ord. 86-12-984 § 1)