Chapter 4.80
PREFERENTIAL PARKING PERMIT PROGRAM
Sections:
4.80.040 Parking permit privilege.
4.80.050 Authority to designate residential and business parking areas.
4.80.060 Application for residential parking permit areas.
4.80.070 Creation of business parking permit areas.
4.80.080 Issuance of residential and business parking permits.
4.80.100 Duration and limit on numbers of permits to be issued.
4.80.130 Administration and regulation of parking permit program.
4.80.150 Termination of permits.
4.80.160 Posting of preferential parking permit areas.
4.80.170 Establishment and enforcement of hours – Overnight parking prohibited.
4.80.210 Penalties for enforcement.
Prior legislation: 1976 code 4-16, Ordinances 524 and 685.
4.80.010 Definitions.
For the purposes of this chapter, the following words, terms and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section.
A. “Business” means the owner or persons directly employed by the business owner engaging in the operation of the business located within the preferential parking area in the downtown area.
B. “Business parking permit” means a permit issued to a business pursuant to this chapter.
C. “Chief of police” means the chief of police or public safety director of the city of Millbrae, or their designated subordinates.
D. “City” means the city of Millbrae.
E. “Designated residential parking permit area” means any area upon which the council imposes parking limitations pursuant to the authority granted by this chapter.
F. “Designated business parking permit area” means any area upon which the council imposes parking limitations pursuant to the authority granted by this chapter.
G. “Guest” shall mean a person who is visiting in a dwelling unit located within a “designated residential parking permit” area.
H. “Motor vehicle” means an automobile, truck, trailer, house, car, motorcycle or other motor driven device for transportation, not in excess of six thousand pounds gross weight.
I. “Non-local vehicle” shall mean a motor vehicle parked in a residential or business parking permit area which is not owned, leased or otherwise controlled by a “resident,” “business,” or “guest” as such terms are defined in this section.
J. “Resident” means a person who lives in a residential parking permit area as his/her permanent place of residence, either as a tenant or owner.
K. “Residential parking permit” means a permit issued to a resident pursuant to this chapter. (Ord. 703, § 1).
4.80.020 Purpose.
This chapter is intended to ameliorate the serious adverse effects caused in certain areas and neighborhoods of the city by motor vehicle congestion, particularly the long-term parking of motor vehicles on the streets of such areas and neighborhoods by nonresidents who conduct business in the city. Such parking by nonresidents threatens the health, safety and welfare of the residents and commerce of the city. In order to protect such residents and owners and to promote commercial well-being in impacted neighborhoods and commercial areas, it is necessary to enact the preferential parking system established by this chapter. (Ord. 703, § 1).
4.80.030 Findings.
The preferential parking system established by this chapter will help achieve the following benefits:
A. Reduce potential hazardous traffic conditions resulting from the long-term parking of commuter motor vehicles in residential neighborhoods;
B. Protect such areas and neighborhoods from polluted air, excessive noise, and trash and refuse caused by the entry and exit of non-local motor vehicles;
C. Protect the residents of such areas and neighborhoods from unreasonable burdens in obtaining parking near their residences and in gaining access to their residences;
D. Preserve the character of such areas and neighborhoods as residential;
E. Promote efficient maintenance of the streets of such areas and neighborhoods in a clean and safe condition;
F. Preserve the value of property in such areas and neighborhoods;
G. Promote and protect commercial enterprises by elimination of commuter parking in impacted commercial areas, provision of free short-term parking for customers, and provision of preferential parking permits to employees of commercial establishments;
H. Preserve the safety of children and other pedestrians;
I. Promote traffic safety and the peace, good order, comfort, convenience and general welfare of the inhabitants of the city;
J. Provide preferential parking permits for business owners and employees on the perimeter of the commercial areas, thereby freeing core commercial spaces for customers; and
K. Establish an equitable system for the use of parking spaces where the city’s commercial areas border adjacent residential areas. (Ord. 703, § 1).
4.80.040 Parking permit privilege.
A motor vehicle displaying a valid residential parking permit as provided for herein shall be permitted to stand or be parked in the residential parking permit areas for which the permit has been issued without being limited by posted time restrictions. A motor vehicle displaying a valid local business parking permit as provided for herein shall be permitted to stand or be parked in the designated business parking permit area for which the permit has been issued without being limited by posted time restrictions. Any vehicle which does not display a valid parking permit shall be subject to posted parking restrictions and consequent penalties in effect for such parking areas. No residential or local business parking permit shall guarantee or reserve to the holder thereof an on-street parking space within the designated residential or business parking permit area. (Ord. 703, § 1).
4.80.050 Authority to designate residential and business parking areas.
The boundaries within which preferential parking areas may be designated will be approved, altered or dissolved by city council resolution. The director of public works or his/her designated representative is authorized to designate the precise parking permit areas within city council approved boundaries which meet the requirements of this chapter. Such parking permit areas shall be established when unrestricted parking (1) creates an imbalance between commercial and residential parking that substantially and unreasonably interferes with the equitable use of parking by residents and businesses intended for a particular area or (2) becomes the source of excessive noise, traffic hazards, environmental pollution or of other interference within the residential and commercial environments, and detrimentally affects the public welfare. (Ord. 703, § 1).
4.80.060 Application for residential parking permit areas.
Residents who desire the city to establish a parking permit area may submit a preferential parking petition to the director of public works which meets and satisfies the following requirements:
A. Prior to obtaining signatures, neighborhood organizers shall consult with city staff to assure that the proposed new permitted parking area falls within the designated boundaries of the city’s current preferential parking areas.
B. The petition shall contain a description or a map showing the proposed residential parking permit area.
C. Said description or map shall be followed in the petition by a statement describing the residential parking permit program and the current residential permit fees.
D. The statement shall be followed by a signature, printed name, address, and date of signing of the application by seventy-five percent of the households within the potential parking permit area who agree to and would approve the implementation of permit parking on their street.
E. All petitions shall be the same as the standard petition form developed by city staff. Any petition form different from the standard petition form shall be deemed invalid for the purposes of this chapter.
F. In the proposed residential parking permit area at least eighty percent of the block fronts with unlimited on-street parking must be residentially zoned, and at a minimum, seventy-five percent of all unlimited on-street parking spaces within the proposed area must be occupied during any two one-hour periods between 10:00 a.m. and 4:00 p.m. (Ord. 703, § 1).
4.80.070 Creation of business parking permit areas.
Designation of new business parking permit area boundaries may require the modification or elimination of residential parking permit areas. Any such modifications must be approved by the city council by resolution. If a business or businesses desire to expand or modify the business preferential parking areas approved by council resolution, they may submit a letter request to the director of public works. This request will be forwarded to the downtown process committee for review and assessment of impacts on other business preferential parking areas as well as on residential preferential parking areas. The downtown process committee’s recommendation on whether to add new or modify existing business permit parking areas will be forwarded to the director of public works. The director of public works will present the downtown process committee’s recommendations, together with staff’s recommendations, to council for determination. (Ord. 703, § 1).
4.80.080 Issuance of residential and business parking permits.
Preferential parking residential and business permits shall be issued by the chief of police or designated representative. Permits may be issued to an owner or resident of property within a residential parking permit area and to owners or employees of businesses within a business parking permit area. The preferential parking permits shall only be issued to persons living or working within the preferential permit area who have a motor vehicle currently registered in their name, or who have lawful possession of a motor vehicle for their exclusive use and/or which is under their control. Permits shall be issued only upon application of a resident or business and upon payment of any applicable fees. Each application and reapplication shall be on a form provided by the chief of police. The chief of police shall require each applicant for a preferential parking permit to provide identification and establish proof of residency or proof of employment and vehicle ownership, possession or control in compliance with this chapter. No more than one annual permit shall be issued for each vehicle for which application is made unless reapplication is made and proof is provided, to the satisfaction of the chief of police, that an issued permit was lost, stolen, or destroyed. The chief of police may withhold issuing any permit for a vehicle for which there is evidence of any outstanding, unpaid parking violation or where the vehicle registration is expired. Permits shall be issued, denied or conditionally issued within thirty days of application. Any person wishing to contest a denial must do so in writing to the chief of police within ten days of the date of the notification of denial, setting forth all the facts which the permit holder wishes the chief of police to consider and a decision thereon shall be made by the chief of police within fifteen days of receipt. (Ord. 703, § 1).
4.80.090 Guest permits.
Upon application and the payment of applicable fees, the chief of police shall issue up to two annual guest permits to every residential dwelling unit. An eligible applicant for a guest permit shall be any person eligible to obtain a residential parking permit pursuant to this chapter. No guest permits shall be issued to businesses. An annual guest permit is transferable, without restriction, among guests. No more than two such annual permits shall be issued to any residential dwelling unit unless reapplication is made and proof is provided, to the satisfaction of the chief of police, that an issued permit was lost, stolen or destroyed. In addition to the annual guest permits, and upon application by a resident, the chief of police may issue dated, one-day guest passes to residents for specific vehicles on a special event basis. Guest permits shall clearly display the date(s) upon which it becomes effective, the address to which it was issued, and the permit’s expiration date. (Ord. 703, § 1).
4.80.100 Duration and limit on numbers of permits to be issued.
There shall be no more than two parking permits issued to any residential address within a residential parking permit area, nor more than five permits issued to any individual business within a business parking permit area. A separate application shall be filed for each motor vehicle. Residential parking permits and guest parking permit passes shall be valid for up to two years. Each such permit shall expire up to twenty-four months from the month of issuance. Business parking permits shall be valid for one year and will expire twelve months from the month of issuance. (Ord. 703, § 1).
4.80.110 Permit content.
Each preferential parking permit shall state the type of permit, the expiration date, and any additional information determined by the chief of police. (Ord. 703, § 1).
4.80.120 Display of permits.
Preferential residential parking permits shall be permanently affixed to the left rear bumper of the motor vehicle for which it was issued and the permit shall not be effective unless it is so affixed. Guest permits shall be visibly displayed on the vehicle’s dashboard directly in front of the driver’s seat so that it is readily visible through the windshield. The display of preferential business parking permits shall be in a manner which enables police enforcement as the first priority and subordinately allows business owners the flexibility to transfer permits among their employees. (Ord. 703, § 1).
4.80.130 Administration and regulation of parking permit program.
The chief of police may establish rules and regulations necessary or appropriate to carry out the purposes of this chapter. The chief of police may exercise discretion in the administration and enforcement of this permit program such as shortening the duration of residential parking permits and guest parking passes to one year or staggering the dates of renewal or the months of duration of permits in order to better manage the overall program of parking permits. All permits issued pursuant to this chapter shall remain the property of the city of Millbrae. (Ord. 703, § 1).
4.80.140 Fees for issuance.
The city council, by resolution, may establish and adjust fees for preferential parking permits for both businesses and residents, including fees for guest permit passes issued for special events, fees for replacement permits when permits are lost, stolen or destroyed, and any other fees deemed reasonable and appropriate to implement this program. These fees will be included in the city’s fee schedule. (Ord. 703, § 1).
4.80.150 Termination of permits.
Preferential parking permits shall automatically terminate upon any of the following events:
A. Upon the transfer or sale of the vehicle for which a permit has been issued;
B. Upon the relocation of the permittee from his or her residence within a residential parking permit area to another residence, whether within or outside of said area;
C. Upon separation of employment of the employees from the employers of the business which is located within the business parking permit area;
D. Upon relocation of the business from the location for which the business permits are issued to a new location, whether within or outside of the business parking permit area;
E. Upon termination of the business; and
F. Upon violation of any of the terms of issuance of the permit. (Ord. 703, § 1).
4.80.160 Posting of preferential parking permit areas.
The preferential parking designation shall not apply to any specific street within the designated parking permit areas until a sign giving notice of the applicable parking restrictions has been installed on that street. The director of public works will cause installation of such signs on the streets in preferential parking areas, in an order and timing in his or her discretion according to sound traffic engineering principles, indicating that there is no parking between specified hours except for vehicles which display a valid preferential parking permit. (Ord. 703, § 1).
4.80.170 Establishment and enforcement of hours – Overnight parking prohibited.
Preferential parking referenced in this chapter shall be in effect and enforced on such days of the week and during such time periods as shall be determined by the director of public works, based upon sound traffic engineering principles, traffic investigation and surveys made from time to time, and shall be posted upon such streets. Nothing in this chapter shall be construed as permitting overnight parking or permitting parking during times or hours, or by type of vehicle otherwise prohibited in this chapter or by any provision of the California Vehicle Code. (Ord. 703, § 1).
4.80.180 Violations.
A. It is unlawful and a violation of this chapter, unless expressly provided to the contrary herein, for any person to park a motor vehicle in excess of the posted time restriction on a street in the preferential parking area without a valid preferential parking permit being displayed as required in MMC 4.80.120. The parking restrictions regarding days of the week and times of day for permissible parking shall be clearly identified on signs.
B. It is unlawful and a violation of this chapter for any person to park a motor vehicle within a preferential parking area with a permit affixed to such vehicle that has expired or which has been terminated or is not valid for the area in which such vehicle has been parked.
C. It is unlawful and a violation of this chapter for a person to falsely represent themselves as eligible for a preferential parking permit or to furnish false information in an application for any such permits. All preferential parking permits issued to such violators will immediately become null and void.
D. It is unlawful and a violation of this chapter for any person to use or display, or permit the use or display of, a preferential parking permit pertaining thereto on a motor vehicle other than that vehicle for which such permit was issued.
E. It is unlawful and a violation of this chapter for any person in legitimate possession or control of a preferential parking permit to sell, lend or otherwise permit the use or display of that permit for the purpose of profit or favor. (Ord. 703, § 1).
4.80.190 Exemptions.
This chapter does not apply to:
A. Ambulances, fire department vehicles, police vehicles, public utility vehicles or other official or emergency vehicles.
B. Commercial vehicles parked for the purpose of loading or delivery of goods, wares or merchandise from or to any building or structure in a preferential parking area or delivering materials to be used in the repair, alteration, remodeling, construction or reconstruction of any such building or structure for which an encroachment permit or building permit has previously been obtained.
C. Vehicles parked upon any street during those hours in which parking is prohibited for street sweeping, road repair, or during emergencies regardless of whether the vehicle displays a valid preferential parking permit. (Ord. 703, § 1).
4.80.200 Permit revocation.
The chief of police may revoke the permit of any permittee under any of the following grounds: ineligibility for a permit under the terms of this chapter at the time of the application; losing eligibility during the term of the permit; failing to comply with or violating any condition imposed on the issuance of a permit; or failing to comply with or violating the requirements of this chapter or any related law or regulation. Written notification shall be given to permittee stating grounds for revocation and requesting surrender of the permit. Except as set forth below, the permit shall be considered void on the sixth day after the date of notification. Any person whose permit has been revoked shall not be issued a new permit without reapplication and establishing eligibility pursuant to this chapter to the reasonable satisfaction of the chief of police. Anyone wishing to contest a revocation must do so, in writing, and cause it to be filed with the chief of police within five days of the date of the notification of revocation, setting forth all the facts which the permit holder wishes the director to consider, and a decision thereon shall be made by the chief of police within fifteen days of receipt. If such a contest is timely filed, revocation shall be stayed until the chief of police’s decision is made. (Ord. 703, § 1).
4.80.210 Penalties for enforcement.
Any person who violates the rules and regulations of this preferential parking program as established in this chapter shall be subject to standard parking penalties. In addition, violators may be deemed ineligible to participate in the program and to obtain a preferential parking permit for up to five years and any current permit issued to a violator may be deemed null and void. The chief of police is delegated the discretion to impose the penalties related to current and future participation in the program. (Ord. 703, § 1).