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Chapter 10.40
RESIDENTIAL PERMIT PARKING

Sections:

10.40.010  Definitions.

10.40.020  Designation of residential permit parking areas.

10.40.030  Adding streets to residential permit parking areas.

10.40.040  Residential permit parking prohibitions.

10.40.050  Exceptions to residential permit parking prohibition.

10.40.060  Types of residential parking permits.

10.40.070  Issuance and renewal of residential parking permits.

10.40.080  Prohibition on sale or transfer.

10.40.090  Fees.

10.40.100  Denial or revocation of residential parking permits.

 

10.40.010 Definitions.

(a) "Business owner" means the owner of a business with access to a street within a residential permit parking area, and such owner's agent.

(b) "City Manager" means the City Manager or designee.

(c) "Residential permit parking area" means any area designated by resolution of the City Council where a permit is required to park on the street.

(d) "Residence" means each single-family dwelling unit, condominium dwelling unit, townhome dwelling unit, apartment dwelling unit, or other multifamily dwelling unit with access to a street within a permit parking area. (Ord. 1781 § 2, 7-15-03).

10.40.020 Designation of residential permit parking areas.

(a) Guidelines for Designation of Residential Permit Parking Areas. City Manager shall prepare guidelines for the designation of residential permit parking areas setting forth process and criteria. Those guidelines, and any revisions thereto, shall be effective upon approval by the City Manager.

(b) Resolution for Designation of Residential Permit Parking Area. Residential permit parking areas may be designated or dissolved by resolution of the City Council. The City Council shall, pursuant to the guidelines for the designation of residential permit parking areas then in effect, consider for designation those areas satisfying the criteria set forth in the guidelines. If the City Council determines that the criteria have been met and that the procedures have been followed, it may designate by resolution a residential permit parking area with appropriate boundaries. (Ord. 1781 § 2, 7-15-03).

10.40.030 Adding streets to residential permit parking areas.

(a) Pursuant to the guidelines for the designation of residential permit parking, a street or portion of street not currently within a residential permit parking area may be added to a residential permit parking area.

(b) The City Council may designate by resolution that such street or portion of street be added to the residential permit parking area pursuant to this chapter. (Ord. 1781 § 2, 7-15-03).

10.40.040 Residential permit parking prohibitions.

(a) Posting.

(1) The City Manager shall cause appropriate signs to be erected and maintained on all streets and portions of streets within each residential permit parking area.

(2) The signs that the City Manager causes to be erected pursuant to this section shall provide clear notice of the days and times of the parking prohibition applicable to the street upon which the sign is erected.

(3) The parking prohibition set forth in this section shall not be effective and enforceable on any street or on any portion of street within a residential permit parking area unless the signs required by this section have been erected.

(b) Display of Permits.

(1) Parking permits shall be displayed in a manner determined by the City Manager.

(2) The City Manager shall notify each permittee of the proper manner in which to display a parking permit.

(3) The proper display on a vehicle of a valid parking permit issued pursuant to this chapter grants only the privilege of parking the vehicle in the residential permit parking area for which the permit was issued.

(4) Each vehicle displaying a parking permit shall be parked in a manner that conforms to all other parking and vehicle regulations and laws established by this Code and by the California Vehicle Code.

(5) A valid parking permit issued under this chapter shall not guarantee or reserve to the holder an on-street parking space on any street or portion of street within the residential permit parking area for which the permit was issued.

(c) Prohibition. Except as otherwise specified in this chapter, no person shall park a vehicle on any street or any portion of any street within a residential permit parking area on the days and during the times posted unless such vehicle has a properly displayed and valid parking permit issued pursuant to this chapter. (Ord. 1781 § 2, 7-15-03).

10.40.050 Exceptions to residential permit parking prohibition.

The following types of vehicles may park within a residential permit parking area without a parking permit:

(a) Any commercial vehicle while making a pickup or delivery of goods, wares or merchandise from or to any building or structure located adjacent to any street or portion of street within a permit parking area;

(b) Any commercial vehicle while under the control of a person involved in, or while delivering materials to be used in the maintenance, repair, alteration, remodeling or construction of any property that is located adjacent to any street or portion of street within a permit parking area;

(c) Any vehicle owned by a public utility or a licensed contractor while necessarily in use in the construction, installation or repair of any public utility located adjacent to any street or portion of street within a permit parking area;

(d) Any vehicle owned and operated by a government agency while engaged in government business;

(e) Any emergency vehicle, including, but not limited to, an ambulance, fire engine or police vehicle, while being operated on official business; or

(f) Any vehicle that displays the identifying disabled person's license plate or the disabled person's placard issued by the department of motor vehicles. (Ord. 1781 § 2, 7-15-03).

10.40.060 Types of residential parking permits.

(a) Residential Parking Permit. A resident may obtain a residential parking permit upon proper application pursuant to the guidelines for the designation of residential permit parking areas then in effect.

(b) Permanent Nonresident Owner Parking Permit. A nonresident owner of a residence may obtain a permanent nonresident owner parking permit upon proper application pursuant to the guidelines for the designation of residential permit parking areas then in effect. A permanent nonresident owner parking permit issued to a nonresident owner shall be for the exclusive purpose of inspecting, repairing, or maintaining the residence for which the permit was issued.

(c) Temporary Guest Permits. A resident may obtain a temporary guest permit upon proper application pursuant to the guidelines for the designation of residential permit parking areas then in effect, to accommodate guest parking. A temporary guest parking permit shall be for the exclusive use of a guest visiting the residence for which the permit was issued.

(d) Employee Parking Permits. A business owner whose business is located adjacent to a street within a permit parking area may obtain employee parking permits upon proper application pursuant to the guidelines for the designation of residential permit parking areas then in effect, based on the number of employees who require such permits. Each employee parking permit issued to a business owner shall be for the exclusive use of that business owner and his or her employees.

(e) Special Use Parking Permits. Residents may obtain a special use parking permit upon proper application pursuant to the guidelines for the designation of residential permit parking areas then in effect, for special uses not otherwise addressed in this chapter. Special use parking permits shall be issued exclusively for uses associated with residences. (Ord. 1781 § 2, 7-15-03).

10.40.070 Issuance and renewal of residential parking permits.

Any of the parking permits provided for in this chapter may be obtained or renewed upon application to the City Manager, pursuant to the guidelines for the designation of residential permit parking areas then in effect. The City Manager shall:

(a) Promulgate regulations for the determination of the manner in which proof of eligibility for residential parking permits shall be demonstrated; and

(b) Promulgate all other regulations, not inconsistent with this chapter, that the City Manager determines are necessary for governing the manner in which persons shall qualify for residential parking permits. (Ord. 1781 § 2, 7-15-03).

10.40.080 Prohibition on sale or transfer.

(a) No person shall sell, transfer or allow another person to use a residential parking permit issued pursuant to this chapter unless authorized to do so by this chapter.

(b) No person shall purchase, transfer, acquire or obtain a residential parking permit described in this chapter unless otherwise authorized to purchase, transfer, acquire or obtain such parking permit by this chapter. (Ord. 1781 § 2, 7-15-03).

10.40.090 Fees.

(a) The fees for obtaining, replacing and renewing a residential parking permit shall be as set forth in the guidelines for designation of a residential permit parking area.

(b) Residential parking permits that are lost by fire, vandalism, theft or accident shall be replaced upon presentation of evidence satisfactory to the City Manager that such loss has occurred. (Ord. 1781 § 2, 7-15-03).

10.40.100 Denial or revocation of residential parking permits.

(a) The City Manager may deny an application for issuance or renewal of a residential parking permit described under this chapter, or revoke a residential parking permit issued under this chapter, upon determining that the applicant or permittee has:

(1) Supplied the City Manager with incorrect information;

(2) Violated any conditions placed upon the residential parking permit; or

(3) Otherwise failed to comply with the provisions of this chapter or any rules or regulations promulgated by the City Manager pursuant to this chapter.

(b) With regard to a special use permit, the City Manager shall revoke such permit upon determining that it adversely affects the availability of parking in the neighborhood within which the special use will occur or is occurring. In determining whether the special use parking adversely impacts the availability of parking, the City Manager shall consider:

(1) Complaints by persons issued residential and employee parking permits regarding the availability of parking;

(2) Increased traffic congestion in the area resulting from motorists searching for parking; and

(3) Any other factors that the City Manager deems relevant.

(c) Appeals of Decisions on Permits to the City Manager. An applicant may appeal a decision on any permit provided for in this chapter to the City Manager or designee. The applicant must file such appeal with the City Manager or designee within ten (10) business days of the decision. The City Manager or designee shall hold a hearing within forty-five (45) business days of the filing of such appeal, at which time applicant may present any evidence relevant to the application. The City Manager or designee shall within ten (10) business days of such hearing issue a decision either affirming the denial of the application, or shall issue a permit. The decision of the City Manager or designee shall be in writing, shall specify the grounds therefore, and shall be final. (Ord. 1781 § 2, 7-15-03).

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The Santa Clara City Code is current through Ordinance 1928, passed July 15, 2014.

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