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Resolution Number 96-2-20-3RESOLUTIONNO. 96-2-20-3 MODEFYING RULES GOVERNINGTHE OVERNIGHT PARKI PERMIT PROGRAM FOR TIRE CAPISTRANO VILLAS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REVISING RESOLUTION NO. 94-11-1-4 TO MODIFY THE RULES GOVERNING THE OVERNIGHT PARKING PERMIT PROGRAM WITHIN THE RESIDENTIAL SUBDIVISION KNOWN AS THE CAPISTRANO VILLAS AND RESCINDING RESOLUTION NO. 95-5-2-10 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 program rules have been previously modified by way of resolution and additional rule modifications are needed for the program. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano that the following sections of Resolution No. 94-11-1-4 are hereby revised to read as follows: ' Section 1. Areas Affected. Avenida de la Vista, south of the alley to the north of Paseo San Gabriel Calle La Purisima Calle San Francisco Calls San Luis Calle Santa Barbara La Zanja, west of Camino Capistrano Los Rios Street, north of Mission Street Paseo San Gabriel Paseo Santa Clara Via Barcelona are attached. No. 94-11-1-4: 1 Revised program rules superseding those contained with Appendix I of the resolution BE IT FURTHER RESOLVED, that the following sections are added to Resolution 280 281 A $10.00 fee is hereby established for the issuance of each permit through the basic allotment process. A $25.00 fee is hereby established for the issuance of each permit recommended for approval through the Board of Appeal Process. Ran, WIN . mool e. Resolution No. 95-5-2-10 is hereby rescinded. PASSED, APPROVED, AND ADOPTED this 20th day of February 1996. WYATTdIART, MAYOR ATTEST: -2- 282 ' 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. 96-2-20-3 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the tot h day of February 1996, by the following vote: AYES: Council Members Jones, Nash, Swerdlin, Campbell and Mayor Hart NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JO SO , CITY CLERK -3- 283 Proposed February 20, 1996 Proposed Permit Parking Program Rules A parking by permit only program has been established for the public streets in the neighborhood known as the Capistrano Villas. The following rules have been approved for the program. Section 1. When is a Permit Needed Vehicles may be parked on the public streets of the Capistrano Villas during the hours of 3:00 a.m. to 6:00 a.m. daily only by permit. Vehicles parked on these public streets during these hours which do not display a valid permit are subject to citation by the Orange County Sheriffs Department. Some vehicles will be exempted from the requirement to display a permit. They are described in Section 6 below. Vehicles may be parked on the public streets of the Capistrano Villas during all other hours of the day without permit. However, parking during these hours is still subject to any posted restrictions such as hours of street sweeping. Any vehicle parking on the public streets during these hours is still subject to any requirements of the State of California Vehicle Code and applicable City Municipal Code provisions. Section 2. Number of Permits Der Residence A. Permanent Permits Permits shall be issued annually based upon the number of garage spaces per each unit. Permits are not necessary for vehicles parked in garages. Units with a double garage will receive one parking permit for on street parking. Units with a single garage will receive two permits for on street parking. Section 4 describes the requirements of permit issuance. B. Temporary/Guest Permits Each unit is eligible to receive one guest/temporary permit (placard). These would be issued annually. The placard is for temporary guest use only, for no longer than seven consecutive nights duration. An initial fee of $25 is required for the unit to receive a guest permit. Thereafter, there would be no fee for reissuance of an annual guest permit, provided the expiring guest pass is turned in when the new guest pass is issued. Lost guest permits would be subject to the requirements of Section 9, Replacement Permits. Section 3. Form of Permit and Placement The parking permit will be in the form of a decal. Permits will be subject to annual renewal to ensure that only vehicles of current residents are parking in the area. Parking decals must be displayed in the inside lower left rear window of the vehicle, or they may be hung from the rear view mirror on a moveable display. The moveable display will be available from the Community Counseling Center at cost, and can be purchased at the time the permit is issued. Guest permits must be displayed on the dashboard on the drivers side of the vehicle Section 4. Permit Issuance Process for Basic Allotment A voucher will be mailed to each owner of record for each residence. This voucher will enable the owner, or his or her designee to receive the bask; allotment of permits from the program administrator upon payment of permit fees. Depending on whether the garage has one or two spaces for vehicle parking, this voucher will be for one or two permits. The individual redeeming the parking permit (s) will be asked to provide his or her name and telephone number, and the address of the residence for which the permit will be assigned. No kdomation is necessary about the vehicle(s) on which the permits will be displayed. Residents may be eligible for additional permits on appeal. A separate process is outlined In Section 7 for the issuance of any additional permits granted as a result of the appeal process. Section 5. Types of Vehicles Eliaible to Receive Permits A parking permit may be placed on any vehicle that can legally be driven on a public street, per the standards of the California Vehicle Code, provided the vehicle is no longer than 22 fest (264 inch"), bumper to bumper: is no greater than 96 inch" wide: and has a gross vehicle weight le" then ten thousand pounds (10,000 lbs.). 284 Section 8 Vehicles Exempt from Permit Requirements Parking Permits shall not apply to any commercial vehicle making pickups or deliveries of goods, wares, or merchandise from, or to, any building or stnrcture within the Capistrano Villas, or when delivering materials to be used in the actual and bons title repair, alteration, remodeling, or construction of any building or structure. I Parking permits shall riot apply to any vehicle displaying a disabled person's placard. Section 7. Additional Permits Issuance of add'it'ional permits and replacement permits are subject to the resident's submittal of proof of residency and vehicle ownership as described below. Residents may apply for additional permits by filing a written appeal with the Board of Appeal. Residents may also appy to the Board of Appeal for replacement permits as described below. All requests for additional permits must be submitted to the program administrator by the unit owner or his designee. Upon approval, all additional permits will be issued subject to the payment of the established permit fees. A. Proof of residency Any individual requesting an additional permit must show proof of residency at a specific unit within the Capistrano Villas. This proof may be in the form of a deed to the property, a rental or lease agreement, a utility bill showing the person's name and address, or a valid California driver's license or identification card. B. Proof of vehiele ownership An individual requesting an additional permit must stow legal proof of ownership for the vehicle for which the permit is requested. This proof must be in the form of a current state vehicle registration, a Certificate of Title (pink slip), or a sales contract from an automobile dealership. Section 8 Appeal Board A Board of Appeal will be established to review requests for the issuance of additional permits. This Board will consist of 5 resident property owners of the Capistrano Vines. Members will be appointed by the City Manager. ' The Board of Appeal will consist of no less than two resident owners from each of the two Capistrano Villas Associations. The Board of Appeal shall most at least once per month to consider requests for additional permits The Board of Appal shall consider requests for the issuance of additional permits in accordance with the criteria established in Section 10. The Board may consider requests for the issuance of additional permits under other special circumstances not defined in Section 10. Section 9 Replacement Permits The Board of Appeal will consider written requests for replacement of kat, stolen or destroyed permits. A replacement permit will be issued to a resident upon proof of the following: a. Stolen Permit Resident shall submit proof of residency and vehicle ownership as described in Section 7, and proof of loss by providing a copy of a claim Ned with to resident's insurance company. where loss has occurred due to vehicle burglary or that the resident stall submit proof that a report hes been Ned with the Orange County Sheffs Department. This proof is a copy of this, SheriRa Department Investor's business card with a case number reference. Requests for replacement of stolen permits must be submitted through the unit owner or owner's agent. b. Destroyed Permit Resident shall submit proof of residency and vehicle ownership, and remains of more than calf the destroyed permit to receive a replacement. In the case where the permit was destroyed due to adenahle vehicle damage, a copy of a claim Bled with the resident's insurance company or a document from a vehicle repair facility shall be required. Requests for replacement of destroyed permits must be submitted through the unit owner or owner's agent. ' C. Lost Permits Residents requesting replacement permits because of loss shall provide proof of residency and proof of vehicle ownership for the vehicle for which the replacement permit is requested. Requests for replacement of lost permits 28S must be submitted through the unit owner or owner's agent Lost permits shell require the payment of a 525.00 replacement fee. d. Transferred Permits due to Sale of Vehicle In the case where a vehicle displaying a permanently affbced placard is sold, the former owner may request a replacement permit upon submittal of proof of residency and proof of sale of the vehicle. The remains of more than had of the permit are to be submitted. Section 10. Criteria for Issuance of Additional Permits Additional permits will be issued in the following circumstances: A. Individuals may be eligible to receive additional permits for eligible dependents residing with them, upon submittal of documentation of dependent residency and proof of minimum age for issuance of a California Driver's license. However, permits will be issued on a one driver/ one car ratio. No permits will be !awed to -extra family vehicles'. B. Individuals with sub lease or sub tenancy agreements may beeligibleto receive a permit, provided the sub• lease is verified by the unit owner or the owner's leasing agent. No more than one permit will be issued to any one resident owner of a vehicle. Permit requests must be sumitted through the unit owner or owner's agent to the parking administrator. C. Commuter Vans/Vanpool Vehicles are eligible for a parking decal upon submittal of documentation of vanpool use (i.e., letter from sponsoring vanpool agency). Requirements for proof of residency of individual requesting permit will also appy. D. Company owned vehicles are eligible for an additional parking decal upon documentation by registered owner showing employee's name, address and authorized use of car, All other provisions such as residency of employee and restrictions on size of vehicle will appy. In all cases, the unit owner or his or her designated agent requesting any additional permits must provide proof to the Board of Appeal that all available garage space for the unit of residence is used for the purposes of vehicular parking. Section 11. Maximum Number of Permits In no case shall more than son permits be issued to a unit with a one car garage. In no case shall more than five permits be issued to a unit with a two car garage. This includes any permits issued as pert of the basic allotment allowed for the unit Section 12. Issuance of Temporary Permits The program administrator, acting as agent of the City of San Juan Capistrano, stall have the authority to issue temporary permits as they deem necessary to provide time for new, residents or individuals seeking additional permits to complete thea application process and receive a hearing on their request Section 13. Vehictes owned by Active Military Personnel Vehicles owned by active military personnel do not require California registration, but are subject to all other provisions of thin program regarding residency and vehicle ownership. Section 14. Sanctions for Misrerxesentation or Falsification Sanctions will be imposed for intentional misrepresentation of eligibility or falaiykg information on an appeal application. Sanctions will be imposed for unauthorized copying of a permitcounterfeiting of a permit The Board of Appeal will consider requests to impose sanctions. Any individual accused of violating this section shall be entitled to an administrative hewing by the Board of Appeal. The Board will consider evidence and will render a decision. The Sanction for violating the rules is loss of the permit or permits in question for a twelve month period,