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Resolution Number 00-5-31-5305 RESOLUTION NO. 00-5-31-5 MODIFYING RULES GOVERNING THE OVERNIGHT PARKING PERMIT PROGRAM FOR THE CAPISTRANO VILLAS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MODIFYING THE RULES GOVERNING THE OVERNIGHT PARKING PERMIT PROGRAM WITHIN THE RESIDENTIAL SUBDIVISION KNOWN AS THE CAPISTRANO VILLAS AND RESCINDING RESOLUTION NOS. 94-11-1-4 AND 96-2-20-3 WHEREAS, the California Vehicle Code, Section 22507, authorizes cities to establish a permit parking program by resolution; and, WHEREAS, the City Council has determined that the public health, safety and welfare will be promoted by designating the hereinafter -described areas as "No Parking Except By Permit During Hours of 3:00 a.m. to 6:00 a.m.;" and, WHEREAS, the City Council, by way of Resolution No. 94-11-1-4, established an Overnight Parking Permit Program for the neighborhood known as the Capistrano Villas; and, WHEREAS, The Overnight Parking Permit Program was amended by Resolution No. 95-5-2-10, and was further amended by Resolution No. 96-2-20-3, which also rescinded Resolution No. 95-5-2-10; and, WHEREAS, it is necessary to make modifications to the Overnight Parking Permit Program for the Capistrano Villas; and, WHEREAS, the minimum requirements, as established by the City of San Juan Capistrano have been met. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano that the following streets or portions thereof shall be designated as "No Parking Except By Permit During Hours of 3:00 a.m. to 6:00 a.m." areas: SECTION 1. Areas Affected. Avenida de la Vista; Calle La Purisima; Calle San Antonio; Calle San Diego; Calle San Francisco; Calle San Juan; Calle San Luis; Calle Santa Barbara; La Zanja, west of Camino Capistrano; Los Rios Street, north of Mission Street; Oso Road; -1- 306 Paseo Carmel; Paseo San Gabriel; Paseo Santa Clara; and, Via Barcelona SECTION 2. Parking Prohibition. Except as otherwise provided in this Resolution, it shall be unlawful for any person to park any vehicle on any street or part thereof as described in this Resolution during the hours of 3:00 a.m. to 6:00 a.m. SECTION 3. Exceptions. Nothing in this Resolution shall restrict the parking or movement of any vehicle with a Residential or Guest Parking Permit, or any authorized emergency vehicle, City vehicle, duly -licensed official vehicle, public utility vehicle, or any vehicle used for the collection or delivery of Untied States mail. This Resolution shall also not apply to any commercial vehicle making pickups or deliveries or providing commercial service to homes or residences located upon the restricted streets or highway identified within this Resolution. SECTION 4. Permit Issuance. The City of San Juan Capistrano shall assume responsibility for administration of this parking program. Administration may be handled directly by City staff or through contract. Rules have been established for the program and are contained in Appendix I, entitled `Permit Parking Program Rules," dated February 20, 1996, revised May 16, 2000, attached hereto. SECTION 5. Enforcement. A. It shall be unlawful for any person to copy, produce or otherwise counterfeit a residential or guest parking permit issued pursuant to this Resolution. B. The City of San Juan Capistrano shall be empowered to cancel or revoke any permit which is used for a vehicle not properly registered, or used by an individual without authorization, or any or all existing permits because of violations described in "A" above. C. Vehicles in violation of this Resolution shall receive citations in accordance with standard parking violation procedures of the Orange County Sheriffs Department. SECTION 6. Board of Appeal. A Board of Appeal is hereby established and empowered to consider and approve requests for additional permits in accordance with the program rules contained in Appendix I. The Board of Appeal is additionally empowered to recommend sanctions against individuals who have been found to be in violation of the rules established for the parking permit — program. -2- SECTION 7. Permit Fees. A. A $15.00 fee is hereby established for the issuance of each permit through the basic allotment process. B. A $25.00 fee is hereby established for the issuance of each permit recommended for approval through the Board of Appeal process. permit. C. There shall be no fee for a visitor permit. D. A $25.00 fee is hereby established for replacement of a lost or stolen SECTION 8.. Posting. The Department of Engineering and Building, and the Department of Public Works, shall install all necessary signs that provide notice of the aforesaid parking restrictions. SECTION 9. Recission of Previous Resolutions. Resolution Nos. 94-11-1-4 and 96-2-20-3 are hereby rescinded. PASSED, APPROVED, AND ADOPTED this 31 st day of May, 2000. ZOZLLCAMPf3ELL, MAYOR ATTEST: CITY CLERK -3- 307 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 00-5-31-5 adopted by the City Council of the City of San Juan Capistrano, California, at an adjourned regular meeting thereof held on the 31 st day of May, 2000, by the following vote: AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSTAIN: None ABSENT: None (SEAL) �k CHERYL JOH OM, ITY CLERK ME