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HomeMy WebLinkAboutCC RESO 14,357w. follows; RESOLUTION NO. 14,357 RESOLUTION REGULATING RESIDENTIAL PERMIT PARKING PROGRAM The City Council of the City of National City does hereby resolve as WHEREAS, the City Council has heretofore adopted Resolution No. 14,356 declaring their intention to establish and use Residential Permit Parking in National City; and WHEREAS, it is now necessary for the City Council to establish a policy to regulate the intention of said Resolution No. 14,356. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt "Residential Permit Parking Policy", attached hereto, to be used as Council policy, pursuant to the intent of Resolution No. 14,356 also attached hereto, and incorporated by reference as though set forth in full. PASSED and ADOPTED this 19th day of June, 1984. ATTEST: C CITY CLERK CITY OF NATIONAL CITY, CALIFORNIA "RESIDENTIAL PERMIT PARKING PROMAM POLICY" COUNCIL POLICY ENGINEERING DEPARTMENT Residential Permit Parking Program Policy The purpose of this policy statement is to regulate a Residential Permit Parking Program heretofore established by the City Council. The request for Residential Permit Parking shall be directed through the Traffic Safety Committee and then referred to the Council. The Council shall direct the City Manager to proceed with the processing of this program in conformance with the following stated procedures. SEC. 1. Definitions (a) "Residential area" shall mean a contiguous area containing public streets or parts thereof where residents dwell; (b) "Residential permit parking area" shall mean a residential area designated as herein provided wherein resident motor vehicles displaying a valid permit as described herein shall be exempt from parking restrictions established pursuant to this policy statement. (c) "Resident vehicle" shall mean a motor vehicle parked in a residential area in which it is registered with the State of California Department of Motor Vehicles or a similar registering entity. (d) "Commuter vehicle" shall mean a motor vehicle, other than one described in subparagraph (e) herein, parked in a residential area in which it is not registered with the State of California Department of Motor Vehicles; (e) "Transient vehicle" shall mean a motor vehicle which has been issued a temporary residential parking permit persuant to this policy statement. (f) "Motor Vehicle" shall include an automobile truck, recreation vehicle, motorcycle or other motor -driven or self propelled form of transportation (g) "Owns" shall mean that a person has at least one -quarter interest in a parcel of real property within a residential permit parking area. (h) "Lease" shall mean that a person pays rent or other remuneration for use of a parcel of real property as his residence or place of business. (i) "Person" shall mean natural person, joint venture, joint stock company, partnership association, club, company, corporation, business trust, organization, or the agent, employee, lessee, manager, officer or servant of any of them. (j) "Genders". Any gender includes the other genders. (k) "City Manager" shall mean the City Manager of the City of National City or his designee. (1) "Clerk" shall mean the person or officer who is or acts as clerk of the City Council of the City of National City. (m) "Superintendent of Streets" shall mean the person designated as superintendent of streets by the Council. (n) "Code" shall mean National City Municinal Code. 2 (b) SEC. 2 DESIGNATION OF RESIDENTIAL PERMIT PARKING AREAS (a) The City Council shall, upon the recommendation of the City Manager, consider for designation as residential permit parking areas those residential areas meeting and satisfying the objective criteria therefore established in this policy statement. The City Council shall then designate by resolution certain residential areas as residential permit parking areas' in which motor vehicles displaying a valid parking permit may stand or be parked without limitations by parking time or parking area restrictions established by this policy statement. Said resolution shall also state the applicable parking regulation and period of the day for its application, and the fee to be charged upon permit issuance. 3 SEC. 3 DESIGNATION CRITERIA (a) A residential area shall be deemed eligible for consideration as a residential permit parking area if based on studies prepared at the direction of the City Manager objective criteria establish that the residential area is impacted by commuter vehicles for any extended period during the day or night, or weekends, or during holidays. (b) In determining whether a residential area identified as eligible for residential permit parking may be designated as a residential permit parking area, the City Manager and the City Council shall take into account factors which include but are not limited to the following: (1) the extent of the desire and need for the residents for residential permit parking; (2) the extent to which legal on -street parking spaces are occupied by motor vehicles during the period proposed for parking restriction; (3) the extent to which vehicles parking in the area during the period proposed for parking restriction are commuter vehicles rather than resident vehicles; (4) the extent to which motor vehicles registered to persons residing in the residential area cannot be accomodated by the number of available off-street parking spaces. 4 SEC. 4 DESIGNATION PROCESSS (a) When directed to do so by the City Council, the City Manager shall cause to have such surveys and studies as are deemed necessary to determine whether a residential area is eligible for residential permit parking. Such surveys or studies shall be completed within 30 days, unless so directed otherwise by the City Council. Within 15 days of the completion of the surveys or studies, the City Manager shall notice as herein provided a public hearing on the subject of: (b) eligibility of the residential area under consideration for residential permit parking; ascertaining boundaries for the proposed residential permit parking area; and appropriate area prohibition or time limitation on parking and the period of the day for its application. (c) The Clerk shall cause notice of such hearing to be published twice in a local newspaper of general circulation in the city. The first publication shall be not less than ten days prior to the date of such hearing. (d) The City Manager shall direct the designated Superintendent of Streets to, and such designated Superintendent of Streets shall cause notice of such hearing:- to be posted conspicuously, at not more than one hundred feet intervals and at all street intersections, in the proposed residential permit parking area. (e) The notice shall clearly state; the purpose of the hearing; the location and date and time of the hearing; the tenative boundaries of the proposed residential permit parkingarea; and that any interested person shall be entitled to appear and be heard. Appropriate rules of order shall be adopted by the City Manager. 5 SEC. 5 RECOMMENDATION OF THE CITY MANAGER (a) Within 15 days of the completion of the hearing conducted with regard to a particular residential area, the City Manager shall recommend by written report to the City Council, based on the record of such hearing and the surveys and studies performed, whether to designate the residential area under consideration as a residential permit parking area. (b) In the report of the City Manager, he shall set forth the evidence generated as a result of surveys and studies performed, significant subjects and concerns raised at the public hearing conducted, the findings relative to those designation criteria listed in Section 3 deemed applicable to the residential area and conclusions as to whether the findings justify preferrential residential parking for that particular area, the proposed boundaries of the residential permit parking area, any proposed area prohibition or time limitation and period of day for its application. (c) The designation process and designation criteria set forth in this policy statement utilized by the City Manager and the City Council in determining whether to remove designation as a residential permit parking area from a particular residential arca. 6 SEC. 6 ISSUANCE OF PERMITS (a) The City Manager is hereby authorized and directed to issue, upon written application therefor, a parking permit. Each such permit shall be designated by the City Manager to state or reflect thereon the particular residential permit parking area as well as the license number of the motor vehicle for which it is issued. No more than one parking permit shall be issued to each motor vehicle for which application is made. The City Manager is authorized to issue such rules and regulations, not inconsistent with this policy statement, governing the manner in which persons shall qualify for parking permits; (b) Parking permits may be issued for motor vehicles only upon application of the following persons; (1) A legal resident of the residential permit parking area who has a motor vehicle registered in his. :name, or who has a motor vehicle for his exclusive use and under his control; (2) A person who owns or leases commercial property and actively engages in business activity within a residential permit parking area. however, no more than one parking permit may be isssued for each business establishment for a motor vehicle registered to or under the control of such a person. (c) Proof of residency or ownership shall be demonstrated in a manner determined by the City Manager. (d) Proof of motor vehicle ownership or vehicle use and control shall be demonstrated in a manner determined by the City Manager. (e) Temporary residential parking permits may be issued for vehicles which are: (1) owned, rented or under the operation control of any person who owns or leases property in the residential permit area, or (2) used in providing services to persons or property in the residential permit area. Temporary residential parking permits may also be issued to vehicles owned by temporary visitors who are residing in the residential permit parking area. Such temporary residential parking permits shall have all of the rights and priviliges of a regular permit. A temporary parking permit shall be valid for no more than fourteen days from the date of issuance. No resident of a residential permit parking area shall be issued more than two temporary parking permits at one time. A temporary— residential parking permit issued to a vehicle providing services or to vehicles owned by temporary visitors shall be considered to be a temporary permit issued to the resident of the property where the services are provided or the temporary visitors are residing. 7 SEC. 7 POSTING OF RESIDENTIAL PERMIT PARKING AREA Upon adoption by the City Council of a resolution designating a residential permit parking area, the City Manager pursuant to Title II of the Code shall cause appropriate signs to be erected in the area indicating, prominently, thereon the area prohibition or time limitation, period of the day for its application, and conditions under which permit parking shall be exempt therefrom. SEC. 8 DISPLAY OF PERMITS Permits shall be displayed in a manner determined by the Chief of Police. SEC. 9 PERMIT PARKING EXEMPTIONS A resident motor vehicle or transient motor vehicle on which is displayed a valid 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 isssued without being limited by time restrictions or area prohibitions established pursuant to this policy. Said resident motor vehicle or transient motor vehicle shall not be exempt from parking restrictions or prohibitions established pursuant to authority other than this policy. All other motor vehicles other than vehicles specified in Title II of Code and vehicles where the operator or the passenger being transported by said vehicle is physically disabled and the vehicle displays a license issued under the provisions of the Section 22511.5 of the California Vehicle Code, parked within a residential permit parking area shall be subject to the time restrictions or area prohibitions adopted as provided in this policy, as well as the penalties provided for herein. 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. SEC. 10 APPLICATION FOR AND DURATION OF PERMIT Each parking permit issued by the City Manager shall be valid for not more than one year from date of issuance. Permits shall expire on the last day of the anniversary month of the formation of the area in such manner as may be required by the City Manager. Each application or reapplication for a parking permit shall contain information sufficient to identify the applicant, his residence address or address of real property owned or leased within a residential permit parking area, and the license number of the motor vehicle for which application is made, and such other information that may be deemed relevant by the City Manager. 8 SEC. 11 PERMIT FEES (a) The fee for a residential parking permit shall be five dollars ($5.00) per year for each vehicle. When the permit would expire in less than six (6) months from its issuance the permit fee shall be two dollars and fifty cents ($2.50). There shall be a fifty cent ($0.50) transfer charge for those with permits in one residential permit parking area who move to another residential permit parking area and apply for a permit in the new area of residence. In such cases the new permit shall expire at the same time as a permit for the new area permit would expire. (b) The fee for a temporary residential parking permit shall be fifty cents ($0.50). SEC. 12 PENALTY PROVISIONS (a) It shall be unlawful and a violation of this policy unless expressly provided to the contrary herein, for any person to stand or park a motor vehicle for a period exceeding the time limitation or in violation of the area prohibition established pursuant hereto. Said violation shall be an infraction punishable in accordance with the provisions of Title 11 of the Code. It shall be unlawful and a violation of this policy for a person to falsely represent himself as eligible for a parking permit or to furnish false information in an application therefor; (c) It shall be unlawful and a violation of this policy for a person holding a valid parking permit isssued pursuant hereto to permit the use or display of such permit on a motor vehicle other than that for which the permit is used. Such conduct shall constitute an unlawful act and violation of this policy both by the person holding the valid parking permit and the person who so uses or displays the permit on a motor vehicle other than that for which it is issued; (d) It shall be unlawful and a violation of this policy for a person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit or permits without written authorization from the City Manager or disgnee. It shall further be unlawful and a violation of this policy for a person to knowingly use or display a facsimile or counterfeit parking permit in order to evade area prohibitions or time limitations on parking applicable in a residential permit parking area. A violation of this subsection shall be a misdemeanor punishable in accordance with the provisions of Section 11.12 of the Code. (b) 9 SEC. 13 REVOCATION OF PERMIT The City Manager or designee is authorized to revoke the residential parking permit of any person found to be in violation of this policy and, upon written notification thereof, the person shall surrender such permit to the City Manager. Failure when so requested, to surrender a residential parking permit so revoked shall constitute a violation of law and of this policy. SEC. 14 SEVERABILITY The provisions of this policy are severable and if any provisions, clause, sentence, subsection, word or part thereof is held illegal, invalid, or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, sections, words or parts of the policy or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this policy would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, section, word or part had not been included therein, or if such person or circumstance to which the policy or part thereof is held inapplicable had been specifically exempted therefrom.