Chapter 10.41
CITYWIDE PERMIT PARKING

Sections:

10.41.010    Permit parking program authority.

10.41.020    Definitions.

10.41.030    Permit parking zone.

10.41.040    Administrative procedure to add or remove program areas from the city’s permit parking zone or add or remove street segments from individual program areas.

10.41.050    Posting of permit program areas.

10.41.060    Authority to issue parking permits.

10.41.070    Application for parking permits.

10.41.080    Resident parking permits.

10.41.090    Guest parking permits.

10.41.100    Daily parking permits.

10.41.105    Commuter parking permits.

10.41.110    Additional parking permits.

10.41.120    Replacement parking permits.

10.41.130    Direct service provider parking permits.

10.41.140    Non-resident parking permits.

10.41.150    Permit parking at metered parking zones.

10.41.160    Beach Area Merchant parking permits.

10.41.170    Permit parking zone penalty provisions.

10.41.180    Parking permit validity.

10.41.190    Parking permit restrictions.

10.41.200    Parking permit exemptions.

10.41.210    Parking permit revocation.

10.41.220    Capital enforcement.

10.41.230    Parking permit fees.

10.41.010 PERMIT PARKING PROGRAM AUTHORITY.

The City of Santa Cruz, under the authority of California Vehicle Code Section 22507, hereby establishes the City of Santa Cruz as a preferential permit parking zone. Preferential permit parking controls in the city’s permit zone will be confined to specific permit parking zone program areas. Program areas shall be defined in the master list maintained by the public works department. Parking is limited to persons holding permits issued by the City of Santa Cruz as provided for in this chapter.

(Ord. 2003-12 § 2 (part), 2003).

10.41.020 DEFINITIONS.

For the purpose of this chapter these terms shall have the following meaning:

(a)    “Annual start date” means the day that parking enforcement begins in the program area. The annual start date shall be stated in the master list for each individual program area.

(b)    “Local authority” means the city engineer (assistant director of public works) or the city engineer’s delegated subordinates.

(c)    “Motor vehicle” shall include any licensed automobile, truck, motorhome, trailer, motorcycle, or other motor-driven or drawn form of transportation weighing over fifty pounds.

(d)    “Readily identifiable vehicle” means any commercial, delivery, service, utility, or construction vehicle that displays commercial license plates, business advertising on the vehicle, and where appropriate, is equipped with tools for work in the permit parking zone.

(e)    “Residence” means a legal single-family dwelling unit, efficiency unit, condominium, or multifamily dwelling unit intended to be used for combined living, dining, and sleeping purposes. An accessory dwelling unit is part of the primary residence for this section and will not be granted additional permits.

(f)    “Resident” means the principal occupant or occupants of a residence.

(g)    “Guest of a resident” means the bona fide visitors to a residence located within the program area.

(h)    “Parking permit” means any valid resident, guest, or daily parking permit issued by the City of Santa Cruz. These parking permits are to be used only by residents who live in the program area or their bona fide guests or assigned commuters.

(i)    “Street segment” encompasses both sides of the street between two intersections and includes those parcels that front and/or gain access from the street.

(j)    “Partial street segment” refers to a portion of a street segment where the parcels represent continuous property frontage along the street where permit parking controls are proposed to be added or removed.

(k)    “Specialty permit” means any parking permit that relates only to a specific program area. Such specialty parking permit shall be defined in the master list kept by the public works department.

(l)    “Master list” means the list of all street segments in any program area. The master list shall be maintained and kept current by the department of public works. The master list shall contain the following information: (1) a list of street segments that comprise the existing program areas where parking restrictions apply (including address ranges), (2) the program area’s parking restrictions, (3) any special permit availability that applies only to a specific program area, (4) a list of block faces where commuter parking permits are available, (5) a list of block faces where permits may be used to park at metered parking spaces, and (6) the annual start date upon which permit will be valid for an individual program area.

(m)    “Block face” means one side of a specified street segment.

(n)    “Commuter parking permit” means any parking permit sold to a non-resident for purposes of parking at a specified street segment or block face in a specific program area.

(o)    “Permit zone” means that area as defined in Section 10.41.030 giving the City of Santa Cruz the authority to designate certain streets upon which preferential parking privileges may be given to residents and merchants for their use, and the use of their guests. Parking restrictions in said permit zone will be defined by a program area that will allow for the issuance of parking permits to residents and merchants that exempt them from the parking restrictions. Preferential parking permits may also be authorized for commuters, members of organizations or other designated groups to park on specified street segments or block faces in the permit zone’s program areas.

(p)    “Program area” means a subset of street segments in the city’s permit zone that are defined by a master list reflecting unique parking restrictions and enforcement conditions managed by a permit system and enforced by the city.

(q)    “Permit parking restrictions” means those on-street parking controls governing the use of the on-street public parking by time of day, day of week, and/or season of the year.

(r)    “Spill over parking” means those street segments that may be impacted by the implementation of parking restrictions on an adjacent street segment.

(s)    “Occupant” means the resident collectively representing the household and residing at a residential address, or the business owner at a commercial address in the permit zone where parking restrictions are proposed.

(t)    “Qualified petition” means a City of Santa Cruz provided petition that represents sixty-seven percent of the households or occupants on a block segment. Each household gets one vote whether owner or renter occupied.

(Ord. 2015-02 § 3, 2015; Ord. 2003-12 § 2 (part), 2003).

10.41.030 PERMIT PARKING ZONE.

All public street segments within the City of Santa Cruz city limits are hereby included in the city’s preferential permit parking zone. Establishment or changes to individual program areas or street segments adjacent to an existing program area shall be dependent on the condition of this chapter.

(Ord. 2003-12 § 2 (part), 2003).

10.41.040 ADMINISTRATIVE PROCEDURE TO ADD OR REMOVE PROGRAM AREAS FROM THE CITY’S PERMIT PARKING ZONE OR ADD OR REMOVE STREET SEGMENTS FROM INDIVIDUAL PROGRAM AREAS.

The city department of public works authorizes the director of public works or the director’s delegated subordinates to establish and maintain a master list for each program area.

(a)    Citizen Requests to Add or Remove Program Areas. Residents or merchants may petition the City of Santa Cruz department of public works to add or remove program areas from the city’s permit parking zone. To add or remove a program area, residents and/or merchants must submit a general petition of interest to the department of public works representing neighborhood support for a permit parking program. Based on this petition staff will evaluate the city’s ability to serve the area with parking management services. Staff may include a wider range of adjacent street segments in the program area that represent potential spill over parking impacts. Requests for permit parking shall generally reflect on-street parking occupancies of seventy-five percent or more when out of area parking demand is the highest. The public works department will have the authority to implement the program or bring it to the city transportation commission for review. Occupants will be notified about the proposed permit parking program thirty days prior to implementation. Occupants will be given the opportunity to opt out of the permit parking program area during this notification period. When new program areas are established, individual street segments may opt out of the permit parking restrictions by submitting a qualified petition to the department of public works. Those qualified street segments shall not be allowed to rejoin the program area for a period of two years once they have opted out of the program area by petition.

(b)    Citizen Requests to Add or Remove Street Segments to an Existing Program Area. Residents and/or occupants may petition the City of Santa Cruz department of public works to add or remove a street segment to an existing program area. To add or remove streets segments to an existing program area, residents and/or occupants must submit a general petition of interest to the department of public works representing neighborhood support for permit parking. The department of public works will evaluate the city’s ability to provide additional parking management services. Staff may include a wider range of adjacent street segments in the proposed request that represent potential spill over parking impact areas. Requests for permit parking shall generally reflect on-street parking occupancies of seventy-five percent or more when out of area parking demand is highest. The department shall have the authority to implement the parking restrictions for individual street segment requests or bring the request to the city transportation commission for review. The department of public works shall give occupants thirty days’ notice prior to implementation. Occupants will be given the opportunity to opt out of the permit parking program during this notification period by submitting a qualified petition to the department of public works. Those qualified street segments shall not be allowed to rejoin the program for a period of two years once they have opted out of the program by petition. Occupants on a proposed street segment shall have the ability to request public review of the proposed parking program at the city transportation commission by requesting such review in writing during the thirty-day notification period.

(c)    Public Review. The department of public works shall amend the master list upon proceeding with program implementation. The public works department may also schedule all general petitions to add or remove program areas, or qualified petitions to add or remove street segments to a program area, for the city transportation commission’s review. Occupants may also request public review by the city transportation commission during the thirty-day notice period. Residents living on streets where there are proposed permit parking changes will be notified of any city transportation commission public meeting. The city transportation commission will have the authority to review and approve or deny the addition or removal of program areas, or the addition or deletion of street segments to an existing program area.

(d)    Appeal Procedure. Residents may appeal the city transportation commission’s recommendation to the city department of public works as outlined in Chapter 1.16 of the Santa Cruz Municipal Code.

(e)    Park Land and Public Facility Access. When a city street section has been included in a program area, and is adjacent to city parkland or other public facilities, the department of public works will facilitate the following review process:

(1)    Residents or occupants must qualify for review of permit parking requests as specified in this chapter;

(2)    Qualified permit parking requests shall be forwarded to the city parks and recreation commission for comment; and

(3)    Comments received by the parks and recreation department shall be forwarded to the city transportation commission;

(4)    The city transportation commission will hold a public meeting per subsection (c) of this section; and

(5)    The city transportation commission will make a recommendation to the city department of public works for final action.

(Ord. 2004-12 § 1, 2004: Ord. 2003-12 § 2 (part), 2003).

10.41.050 POSTING OF PERMIT PROGRAM AREAS.

The local authority shall cause appropriate signs and/or markings to be placed adjacent to and/or at the beginning and end of the street segment in the program area. Said signage and/or markings shall describe the permit parking restrictions.

(Ord. 2003-12 § 2 (part), 2003).

10.41.060 AUTHORITY TO ISSUE PARKING PERMITS.

The authority to issue parking permits for the city’s permit parking programs shall reside with the local authority.

(Ord. 2003-12 § 2 (part), 2003).

10.41.070 APPLICATION FOR PARKING PERMITS

Each application or reapplication for a parking permit shall contain information sufficient to identify the following: (1) the applicant (valid photo identification); (2) the applicant’s address within the permit zone; (3) the current vehicle registration; and (4) other such information as deemed necessary by the local authority.

(Ord. 2003-38 (part), 2004: Ord. 2003-12 § 2 (part), 2003).

10.41.080 RESIDENT PARKING PERMITS.

The local authority may issue a maximum of three resident parking permits to each residence for which an application is made. Resident parking permits are issued to the resident for the resident’s vehicle. The resident parking permit is not transferable between vehicles. The resident parking permit is only valid when used adjacent to the holder’s residence. “Adjacent” is defined as within three blocks of the residence address. The resident permit is valid for one year after the annual start date of the permit parking program. For properties with accessory dwelling units that are located in a permit parking program district, the primary residence and the accessory dwelling unit combined shall qualify only for the number of residential parking permits that would have been available to the primary residence. No additional permits will be granted for the accessory dwelling unit.

(Ord. 2015-02 § 2, 2015: Ord. 2005-17 § 1 (part), 2005: Ord. 2003-12 § 2 (part), 2003).

10.41.090 GUEST PARKING PERMITS.

The local authority may issue a maximum of two guest parking permits to each residence for which application is made. The guest parking permits are transferable between the resident’s guest vehicles. Residents who do not possess a driver’s license, and who do not qualify for the resident parking permit, may purchase guest parking permits. The guest parking permit is only valid when used adjacent to the holder’s residence. Adjacent is defined as within three blocks of the residence address. The guest permit is valid for one year after the annual start date of the permit parking program.

(Ord. 2005-17 § 1 (part), 2005: Ord. 2003-12 § 2 (part), 2003).

10.41.100 DAILY PARKING PERMITS.

The local authority may issue a maximum of thirty daily parking permits per year to each residence for which application is made. The daily permit is valid on the day that it is activated and used. The daily parking permit is only valid when used adjacent to the holder’s residence. Adjacent is defined as within three blocks of the residence address.

(Ord. 2005-17 § 1 (part), 2005: Ord. 2003-38 (part), 2004: Ord. 2003-12 § 2 (part), 2003).

10.41.105 COMMUTER PARKING PERMITS.

The local authority may, upon proof that sufficient street parking is available for residents in the area, sell permits to commuters who may pay to park on a specified street segment or block face.

(Ord. 2003-12 § 2 (part), 2003).

10.41.110 ADDITIONAL PARKING PERMITS.

The local authority may, upon an analysis of on-street and off-street parking supply and demand, make a finding that sufficient on-street parking is available to issue additional resident, and/or daily parking permits. The issuance of more than the allotment of permits per this ordinance will follow a finding that a special situation applies and warrants an exception.

(Ord. 2003-38 (part), 2004: Ord. 2003-12 § 2 (part), 2003).

10.41.120 REPLACEMENT PARKING PERMITS.

The local authority may issue a duplicate resident, guest, commuter or specialty parking permit to any person who has qualified for a parking permit under the guidelines of this chapter. The permit holder must furnish proof that said permit has been lost, destroyed or the vehicle to which the original permit was affixed has been disposed of. The duplicate parking permit will be reissued at the standard cost of the original parking permit that it replaces. The cost of the replacement permit will not be pro-rated.

(Ord. 2003-12 § 2 (part), 2003).

10.41.130 DIRECT SERVICE PROVIDER PARKING PERMITS.

The local authority may, upon written request, issue a maximum of five guest permits to a public agency, nonprofit organization or volunteer group that provides direct services to residents or occupants in a program area. These parking permits may be limited to specific days of the week and times of the day. Requests for more than five guest permits will be addressed on a daily, weekly, or monthly basis at the discretion of the local authority.

(Ord. 2003-12 § 2 (part), 2003).

10.41.140 NON-RESIDENT PARKING PERMITS.

The local authority may issue parking permits to the following non-residents:

(a)    Non-resident Property Owner. A parking permit may be issued to a non-resident property owner within the permit parking program area. The requester must provide proof of property ownership in the program area.

(b)    Border Resident. The local authority, upon having acceptable proof, may issue parking permits to residents living within 300 feet of a program area when they do not have access to on-street parking fronting their property’s address.

(c)    Specialty Parking Permit. The local authority, upon having acceptable proof that the need exists, may issue specialty parking permits that are unique to a specific program area. Such specialty parking permits shall be defined in the appropriate master list kept by the public works department.

(Ord. 2003-38 (part), 2004: Ord. 2003-12 § 2 (part), 2003).

10.41.150 PERMIT PARKING AT METERED PARKING ZONES.

The local authority may designate specific areas where parking permits are valid at metered parking zones. These areas will be defined in the master list for each program area where this is appropriate.

(Ord. 2003-12 § 2 (part), 2003).

10.41.160 BEACH AREA MERCHANT PARKING PERMITS.

The local authority may designate specific street segments in the Beach Area where merchants may purchase and display parking permits. The street segments will be defined in the master list for the Beach Area’s program area. The master list will also stipulate the type and quantity of parking permits to be sold to Beach Area merchants.

(Ord. 2003-38 (part), 2004: Ord. 2003-12 § 2 (part), 2003).

10.41.170 PERMIT PARKING ZONE PENALTY PROVISIONS.

This chapter provides for specific penalty provisions. It is unlawful and a violation of this chapter to:

(a)    Stand or park a motor vehicle in any permit parking program area within the city’s permit zone unless permitted pursuant to this chapter.

(b)    Copy or produce a counterfeit or facsimile parking permit. It is also a violation to knowingly use or display a counterfeit or facsimile parking permit.

(c)    Furnish false information to the local authority while applying for a parking permit. It is also a violation for an applicant to falsely represent himself/herself as eligible for a parking permit.

(d)    Hold a valid permit and allow the use or display of such permit on a motor vehicle other than that for which the permit was issued. Such conduct shall constitute an unlawful act both by the person who holds the valid parking permit and the person who displays the parking permit.

The fines assessed for violation of this section shall be established by city council resolution.

(Ord. 2008-11 § 1 (part), 2008: Ord. 2005-02 § 1, 2005: Ord. 2003-12 § 2 (part), 2003).

10.41.180 PARKING PERMIT VALIDITY.

Parking permits issued pursuant to this chapter shall be valid on a year-round basis. Residents may reapply for permit renewal on an annual basis in the manner required by the local authority. To coincide with peak parking demand, local authority may begin the annual cycle of permit validity for different program areas at different times of the year. The date of the annual cycle of permit validity will be stated in the master list for each permit zone.

(Ord. 2003-12 § 2 (part), 2003).

10.41.190 PARKING PERMIT RESTRICTIONS.

A parking permit shall not guarantee or reserve any on-street parking space within the designated program area for the permit holder. Permit holders shall not be exempt from parking restrictions or prohibitions established pursuant to authority other than this chapter.

(Ord. 2003-12 § 2 (part), 2003).

10.41.200 PARKING PERMIT EXEMPTIONS.

Vehicles identified by parking control deputies as emergency, government or disabled persons’ vehicles shall be exempt from the parking restrictions of this chapter. Vehicles readily identifiable as commercial, delivery, service, utility or construction vehicles, while actually engaged in providing maintenance, repair, or service work to the property in the program area, shall be exempt from the non-metered time limited parking restrictions of this chapter.

(Ord. 2003-12 § 2 (part), 2003).

10.41.210 PARKING PERMIT REVOCATION.

The city Engineer, the Chief of Police, and their delegated subordinates are authorized to revoke the parking permits of any person found to be in violation of this chapter. Upon written notification, the permit holder shall surrender such permit to the requesting authority. Failure to surrender a revoked parking permit when requested shall constitute a violation of this chapter. Upon revocation, parking permit fees will not be refunded.

(Ord. 2003-12 § 2 (part), 2003).

10.41.220 CAPITAL ENFORCEMENT.

The city engineer, the chief of police, and their delegated subordinates are authorized under California Penal Code Section 836.5 to arrest a person without a warrant upon reasonable cause to believe that a violation of this chapter has taken place in the presence of the person making the arrest. Upon making the arrest, a citation shall be prepared and the offending party shall be released. The person to whom the parking permit is issued may file an appeal with the local authority within twenty-one days to request the return of their parking permit. The appeal must state why the parking permit should be returned. The local authority must respond within ten working days.

(Ord. 2003-12 § 2 (part), 2003).

10.41.230 PARKING PERMIT FEES.

The parking permit fees for all city permit parking programs shall be established by a city council resolution. Separate rates may be established for different permit types and/or permit locations.

(Ord. 2003-12 § 2 (part), 2003).