Ordinance 3031CITY OF ALAMEDA ORDINANCE NO. 3031
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY REPEALING
SECTION 12-17 (PREFERENTIAL PARKING ZONES) OF
ARTICLE 111 (PERMIT PARKING) OF CHAPTER XII
(DESIGNATED PARKING) IN ITS ENTIRETY, AND BY ADDING
A NEW SECTION 12-17 (PREFERENTIAL PARKING ZONES)
TO MODIFY THE PROCEDURES RELATING TO THE
DESIGNATION OF PREFERENTIAL PARKING ZONES
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1. The Alameda Municipal Code is hereby amended by repealing
Section 12-17 (Preferential Parking Zones) in its entirety and by adding a new
Section 12-17 (Preferential Parking Zones) to read as follows:
12.17 PREFERENTIAL PARKING ZONES
12-17.1. Purpose.
The Preferential Permit Parking Program is enacted to mitigate the
serious adverse effects of motor vehicle congestion associated with long term
and nonresident motor vehicle parking in residential areas which make it difficult
for residents to locate on-street parking within their neighborhood. The
provisions of this Section set forth procedures for the establishment of
Preferential Permit Parking areas within the City.
12-17.2. Legislative Findings.
The City Council finds that the continued vitality of the City of Alameda
depends on the preservation of its safe, healthy, and attractive neighborhoods
and other residential areas therein. The Council further finds that there exists
inadequate on-street parking to accommodate the convenient parking of motor
vehicles by residents in the vicinity of their homes, owing to long term on-street
parking and/or parking by non-residents. Moreover, certain parking "generators"
within the City, such as hospitals, schools, shopping and employment centers,
commercial districts, and locations convenient for commuter parking, increase
parking demand in these areas which further exacerbates neighborhood parking
issues. The spillover of long-term non-residential parking into adjacent
residential zones:
1. Displaces residential parking creating an excessive and undue burden
upon their residents and detracting from the safety, health, and
attractiveness of their neighborhoods.
2. Negatively impacts the City of A a eda's ability to efficiently manage
commercial area parking.
A system of preferential permit parking will serve to alleviate the burdens upon
residents of the City and thus promote the general public welfare.
12-17.3. State Vehicle Code Provisions.
The provisions of this article are expressly enacted under California
Constitution Article XI, Section 11, together with provisions of the California
Vehicle Code, as amended. The provisions set forth in the Vehicle Code shall
govern whenever this article fails to set forth any specific provision.
12-17.4. Definitions.
As used in this Section:
(a) "Business" shall mean an enterprise or establishment used for the
purpose of conducting business located in a Preferential Parking Zone.
(b) "Dwelling Unit" or "Residence" shall mean a house, apartment,
condominium, or other types of residence, in conformance with the City's Zoning
Ordinance. Apartments or other type of residence having numbers or letters
assigned in addition to the street address shall be deemed a dwelling unit.
(c) "Guest" shall mean any person visiting a dwelling unit located in a
preferential parking zone.
(d) "Guest Permit" shall mean a permit issued by the City of Alameda to
residents of preferential parking zones, limited to use by guests of the resident
within the zone to which it is issued.
(e) "Motor Vehicle" shall include any licensed automobile, truck, recreational
vehicle, motorcycle, or other motor-driven form of transportation.
(f) "Parking Permit" or "Preferential Parking Permit" shall mean any valid
resident, merchant, or guest permit issued by the City of Alameda.
(g) "Parking Generators" shall mean land uses that generate significant
parking demand. Such land uses may include, but are not limited to, schools,
offices, shops, restaurants, movie theaters, and hospitals.
(h) "Preferential Parking Zone" shall mean a residential area with streets and
boundaries designated by a City Council resolution wherein vehicles displaying
a valid permit shalt be exempt from parking restrictions established pursuant to
this Section.
(i) "Qualified Petition" shall mean a City of Alameda approved petition that
represents at least fifty-five percent (55%) of the residences and businesses in a
residential area or one that has been submitted in conformance with subsection
12-17.6(f) below. Only one signature per dwelling unit or business
establishment will be counted toward meeting this requirement.
(j) "Resident" shall mean any person eighteen (18) years of age or older
whose residential or business address is in the designated Preferential Parking
Zone.
(k) "Residential Area" shall mean any area of the City that is predominantly
residential with at least eighty five percent (85%) of addresses designated as
residential dwelling units.
(1) "Spillover Parking" shall mean a parking demand that is not satisfied by the
parking supply from the area that created the parking demand.
12-17.5. Parking Privileges for Permit Holders.
Any motor vehicle properly displaying a valid preferential parking permit
for a street within a preferential parking zone may park on that street during the
hours when parking on such street is prohibited to non-permitted vehicles.
Except as otherwise provided in this Section, all other motor vehicles parked
within a preferential parking zone shall be subject to the parking restrictions and
penalties as provided in this Section. A preferential parking permit shall neither
guarantee nor reserve to the holder thereof any particular on-street parking
space. A permitted vehicle shall obey all other parking rules, regulations, and
restrictions.
12.17.6. Designation of Preferential Parking Zones; Dissolution
of Preferential Parking Zones.
(a) The City Council may, by resolution, and at its discretion or upon receipt
of a petition signed by at least fifty-five percent (55%) of the residences and
businesses within a residential area, designate that area or areas to be a
preferential parking zone.
(b) A preferential parking zone shall be created only where the City Council
has found that unrestricted parking creates a situation in which the streets
cannot be used for parking by the residents or their guests and that such
unrestricted parking substantially and unreasonably, regularly interferes with
the use of 85% of the available public street parking.
(c) Residents of any residential area may petition the City of Alameda Public
Works Department to add or to remove areas from the City's preferential
parking program. To add or remove an area, residents of the area must submit
a general petition of interest representing at least fifty -five percent (55 %) of the
residences and businesses of the area in support of or in opposition to a
preferential parking program. Based on the petition, the Public Works
Department will evaluate the City's ability to serve the area and may include a
wider range of adjacent streets or street segments in the program area that
represent potential spillover parking impacts. Residents and businesses of the
proposed area will be notified of the proposed preferential parking program at
least thirty (30) days prior to its implementation.
(d) Residents may submit a qualified petition to request adding or removing
a street segment to an existing program area These petitions must be
submitted to the Public Works Department which will evaluate the City's ability
to serve the area Residents of the proposed street segment will be given at
least thirty (30) days' notice prior to implementation of the preferential parking
program.
(e) The designation process set forth in this Section shall be utilized by the
City Council in determining whether to dissolve a preferential parking zone.
(f) Notwithstanding subparagraphs (a); (c), and (d) of this subsection 12-
17.6, residents desiring to create a preferential parking zone within a residential
area shall have the alternative option of submitting a petition that represents at
least forty percent (40 %) of the residences and businesses in a residential area,
accompanied by a non-refundable deposit in accordance with the Master Fee
Schedule, to the Public Works Department: If the Public Works Department
determines that the proposed area is eligible for designation as a preferential
parking zone and such zone is created by City Council resolution, the amount
deposited with the petition will be credited pro rata towards the petitioners' first
year's permit fees.
12-17.7. Criteria To Be Used When Designating A Preferential
Parking Zone.
The criteria for designation as a preferential parking zone shalt include,
but not be limited to, the following determinations:
(a) Whether a proposed zone is of sufficient size to support the on-going
operation, maintenance and enforcement costs so that no subsidy by the
City's General Fund is required;
(b) The proximity of the proposed preferential parking zone to parking
generator(s);
(c) The proposed zone's on-street parking occupancy during peak hours;
(d) Whether the proposed zone is predominantly residential with at least
eighty-five percent (85%) of the addresses designated as residential
dwelling units;
(e) Whether the alternative solutions are not feasible or practical; and
(f) Whether the area includes both sides of the street in any block.
12-17.8. Installation of Signs.
The preferential parking designation shall not apply to any specific street
within the zone until a sign giving adequate notice thereof has been installed on
that street. The Public Works Director shall cause the installation of such signs
on the streets in preferential parking zones, in an order and timing in his or her
discretion according to sound traffic engineering principles, indicating that there
is no or limited time parking between specified hours except for vehicles which
display a valid preferential parking permit.
12-17.9. Establishment and Enforcement of Hours.
Preferential parking referenced in this Section shall be in effect and
enforced on such days of the week and during such time periods as shall be
determined by the City Council and established by resolution, based upon sound
traffic engineering principles, traffic investigation, and surveys made, and shall
be posted upon such streets. Nothing in this Section shall be construed as
permitting parking during times or hours or by type of vehicle otherwise
prohibited in the Alameda Municipal Code or by and provision of state law.
12-17.10. Preferential Parking Permit—Application and Issuance.
(a) Parking permits for preferential parking zones shall be issued by the
Director of the Community Development Department or his/her designee.
(b) The City shall make available preferential parking permit applications and
shall issue permits upon proper application therefor. Each application and
reapplication shall be on a form provided by the City and shall contain sufficient
information to satisfy the City as to the identity the applicant including: the
address and daytime telephone number of the applicant; the applicant's driver's
license number; the license number, make, model, and year of the vehicle; proof
of current vehicle insurance and current registration; and such other information
as deemed necessary by the City. Permits shall be issued within thirty (30)
days of the City's receipt of a complete and conforming application.
(c) Each application, reapplication, and renewal application shall be
accompanied by the nonrefundable fees specified by resolution of the City
Council.
(d) Parking permits shall not be issued to any person who has outstanding
parking tickets.
(e) Parking permits become invalid and shall be returned to the City when the
permit holder moves out of a preferential parking zone.
12-17.11. Resident Parking Permits.
(a) The number of resident parking permits to be issued to each residence
for which application is made shall be determined by the parking conditions
within each zone and set forth by resolution of the City Council. Resident
parking permits are issued to the resident for the resident's vehicle. The resident
parking permit is not transferable between vehicles. The resident permit is valid
for one year after the date of issuance.
(b) Resident parking permits shall be affixed to the inside bottom e of the
front windshield or hung from the rear view mirror.
12-17.12. Guest Parking Permit—Daily or Weekly.
(a) The number of daily or weekly guest parking permits to be issued to each
residence for which application is made shall be determined by the parking
conditions within each zone and set forth by resolution of the City Council. Two
types of temporary guest permits shall be available for residents at an additional
cost. Short-term permits shall be valid for one day, while long-term guest
permits shall be valid for one to four weeks. The cost of the guest permit shall
be established by the City Council resolution that creates the Preferential
Parking Zone. Daily guest permits are valid only on the day for which they are
issued and shall expire at 8:00 a.m. following the effective date thereof. Guest
parking permits are to be used only by a resident's guests.
(b) Daily guest parking permits shall be displayed by hanging the same from
the rear view mirror.
12-17.13. Business Parking Permits.
Preferential Parking Permits may, in addition, be issued for each
business address that actively engages in business activity within the
designated preferential parking zone and has no off-street parking tot for use by
its employees. The number of business parking permits to be issued to each
business for which application is made shall be determined by the parking
conditions within each zone and set forth by resolution of the City Council. The
permits must be associated with a vehicle owned, leased, or under the
continuing custody of a person who is employed by or who is an agent of a
business located within the preferential parking zone.
12-17.14. Limits on the Use of the Permits.
The establishment of a preferential parking zone and the receipt of a
Permit pursuant to this Section do NOT:
1. Guarantee or reserve to the holder thereof an on-street parking space
within the designated preferential parking zone.
2. Authorize the permit holder to leave his or her vehicle standing in the
zone to which the permit applies for more than 72 hours.
3. Authorize the abridgment or alteration of regulations established by
authority other than this Section.
4. Exempt the permit parking holder from other traffic controls and
regulations existing in the designated preferential parking zone.
5. Constitute a permit for, or approval of, any violation of any provision of
this code, the California Vehicle Code, or any other law or regulation.
For example, this permit does not exempt vehicles from regulations or
laws such as those pertaining to no parking zones, including street
sweeping or loading zones.
12-17.15. Permit Content.
Each preferential parking permit shalt state the preferential parking zone
in which it is valid, the expiration date, and any additional information required
by the City.
12-17.16. Replacement Parking Permits.
The City may issue a replacement parking permit to any person who has
qualified for and who has been issued a parking permit under the provisions of
this Section. To receive a replacement parking permit, the permit holder must
furnish proof that said permit has been lost or destroyed or, if the permit is the
type that is affixed, proof that the vehicle to which the original permit was affixed
has been transferred or disposed of, in which case new vehicle registration
must be provided. The replacement 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. Permit holders shall report to the City a
lost, stolen, or missing parking permit within five (5) days of loss, at which time
that permit shall be cancelled and a new permit issued for a replacement fee.
12-17.17. Preferential Parking Permit Exemptions.
The vehicles listed in this section may park in a preferential parking zone
without a preferential parking permit: vehicles lawfully displaying a special
identification license plate or placard issued to a disabled person; vehicles of
disabled veterans; vehicles readily identifiable as emergency or government
vehicles; and vehicles readily identifiable as commercial, delivery, service,
utility, or construction vehicles while actually engaged in providing maintenance,
repair, or service work to a residence or business within the preferential parking
zone.
12-17!18. Preferential Parking Permit Revocation.
(a) The Chief of Police, the Public Works Director, the Director of the
Community Development Department, or their designees, are authorized to
revoke the parking permits of any person on any of the following grounds:
1. Ineligibility for a permit at the time of the application, reapplication, or
renewal application;
2. Ceasing to be eligible during the term of the permit;
3. Failing to comply with or violating any condition imposed on the
issuance of a permit; or
4. Failing to comply with or violating any provision of this Section or any
related law or regulation.
Upon written notification, the permit holder shall surrender such permit to
the requesting authority. The permit shall be considered void on the tenth day
after the date of notification. Failure to surrender a revoked parking permit when
requested shall constitute a violation of this subsection. Upon revocation,
parking permit fees will not be refunded.
(b) Any person whose permit has been revoked shall not be issued a new
permit without reapplying and establishing eligibility pursuant to this Section.
(c) The action of the Chief of Police, the Public Works Director, the Director
of the Community Development Department, or their designees, to revoke a
parking permit may be appealed to the City Manager or his /her designee. Notice
of such an appeal shall be filed with the City Clerk within ten (10) days after the
revocation. If such an appeal is timely filed, revocation shall be stayed until the
City Manager or designee's decision is made. Upon failure of the permit holder
to file such notice within the ten (10) day period, the action of the Chief of Police,
the Public Works Director, or the Director of the Community Development
Department shall be final and conclusive. The hearing on the appeal shall be
conducted pursuant to rules and procedures established by the City. The City
Manager's determination shall be the City's final and conclusive determination on
the matter and shall be subject to review only as provided in the California Code
of Civil Procedure. The failure of the permit holder to appeal as provided in this
Section shall be considered an exhaustion of their administrative remedies.
12- 17.19. Parking Permit Fees.
The parking permit fees for all City parking permit programs shall be
established by resolution of the City Council. Separate rates may be established
for different permit types and /or permit locations.
12- 17.20. Permit Parking Penalty Provisions.
It is unlawful and a violation of this Section to do any of the following,
which violations shall be subject to the civil parking penalties established by the
City Council:
(a) Unless exempted by the provisions of subsection 12- 17.17, no person
shall stand or park a motor vehicle in any preferential parking zone in violation of
any parking restrictions established pursuant to this Section. A violation of this
subsection shall constitute an infraction which shall be punishable by a fine
established by resolution of the City Council.
(b) No person shall falsely represent him or herself as eligible for a
parking permit or furnish false information to the City in an application for a
preferential parking permit.
(c) No permit issued pursuant to this Section shall thereafter be assigned,
transferred, or used for any consideration, monetary or otherwise.
(d) No person shall copy, produce, create a facsimile of, or counterfeit, a
parking permit, nor shall any person use or display a facsimile or counterfeit
preferential parking permit.
(e) No person shall hold a valid parking 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. No person shall alter or deface a parking permit, intentionally conceal an
expiration date or otherwise attempt to present false information as true and
genuine on the face of a parking permit which is displayed in a vehicle parked
on a City street.
(f) No person shall improperly display or fail to display a parking permit
required and issued pursuant to this Section.
(g) It shall be the sole responsibility of the owner, operator, manager, or
driver of a vehicle for which a parking permit has been issued to become
familiar with the provisions for and limitations on the use of the parking permits.
Ignorance of these provisions and limitations shalt not be claimed as a defense
in any action brought for illegal or improper use of the parking permit and shall
not be sufficient grounds to void any citation issued for any violation of this
Section.
12-17.21. Authority of City Staff.
(a) The Public Works Director shall have the authority to promulgate
rules and administer policies designed to implement the Preferential Parking
Program as set forth herein.
(b) The Director of the Community Building Department shall have
authority to promulgate rules and administer policies designated to implement
the collection of fees and issuance of permits for Preferential Parking program
as set forth herein.
(c) The Police Chief shall have the authority to enforce the rules and
regulations established pursuant to this Section.
Section 2. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason, held invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining portions of this
ordinance. The City Council of the City of Alameda herby declares that it would
have passed this ordinance, and each section, subsection, sentence, clause or
phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared unconstitutional.
Section 3. This ordinance shall be in full force and effect from and after
expiration of thirty (30) days from the date of its final passage.
Attest:
Lara Weisiger, City Cle
City of Alameda
Pa4Fa- *V.
Presiding Officer of the Council
1, the undersigned, hereby certify that the foregoing Ordinance was duly
and regularly adopted and passed by Council of the City of Alameda in regular
meeting assembled on the 3rd day of May, 2011, by the following vote to wit:
AYES: Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the
official seal of said City this 4th day of May, 2011.
Lara Weisiger, City erk
City of Alameda