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Resolution Number 94-11-1-4302 RESOLUTIONNO. NO PARKING EXCEPT BY PERMIT DURING HOURS OF I,I A.M. TO LI A.M. Y:: ► I VELLAS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO PARKING EXCEPT BY PERMIT DURING HOURS OF 3:00 A.M. TO 6:00 A.M." WITHIN A RESIDENTIAL SUBDIVISION (CAPISTRANO VILLAS) AND ON DESIGNATED STREETS OR PARTS THEREOF; ESTABLISHING A FEE FOR INITIAL ISSUANCE OF GUEST PERMITS AND A FEE FOR A REPLACEMENT PERMIT; AND, RESCINDING RESOLUTION NO. 94-1-18-4 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 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: 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; Paseo Carmel; Paseo San Gabriel; Paseo Santa Clara; and, Via Barcelona -1- 303 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 United 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. p 1]\ -111. Y_..1 ' 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 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. 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- pX91towmm An initial fee of $25.00 is hereby established for a guest permit. Annual renewals of guest permits will occur without charge. A $25.00 fee is hereby established for replacement of a lost permit. The Department of Engineering and Budding, and the Department of Public Lands and Facilities, shall install all necessary signs that provide notice of the aforesaid parking restriction. Resolution No. 94-1-18-4 is hereby rescinded. PASSED, APPROVED, AND ADOPTED this 1st day of November 11994. ATTEST: CITY CLE OLL C BELL, MAYOR -3- 304 30S 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. 94-11-1-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 1st day of November 1994, by the following vote: AYES: Council Members Jones, Hausdorfer, Nash, Vasquez and Mayor Campbell NOES: None ABSTAIN: None ABSENT: None (SEAL) CHERYL JOWITSON, CITY CLERK -4- 306 1 Proposed Revised Permit Parking Program 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 proposed 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 ner 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. APPENDIX I 307 N Section 4. Permit Issuance Process for Basic Allotment Avoucher will be mailed to each owner of record for each residence. This voucher will enable the owner, or his or her designee to collect the basic allotment of permits from the Community Counseling Center at no charge. Depending on whether the garage has one or two spaces for vehicle parking, the 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 he or she is picking up the parking permit. No information 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 Eligible 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 feet (264 inches), bumper to bumper; is no greater than 96 inches wide; and has a gross vehicle weight less than ten thousand pounds (10,000 lbs.). Section 6. 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 structure within the Capistrano Villas, or when delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure. Parking permits shall not apply to any vehicle displaying a disabled person's placard. Section 7. Additional Permits Issuance of additional 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 apply to the Board of Appeals for replacement permits as described below. 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. APPENDIX I 308 3 B. Proof of vehicle ownership An individual requesting an additional permit must show 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 7 resident property owners of the Capistrano Villas. 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 three Capistrano Villas Associations. The Board of Appeal shall meet at least once per month to consider requests for additional permits. The Board of Appeal 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 lost, 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 filed with the resident's insurance company. Where loss has occurred due to vehicle burglary or theft, the resident shall submit proof that a report has been filed with the Orange, County Sheriff's Department. This proof is a copy of the Sheriff's Department Investigator's business card with a case number reference. b. Destroyed Permit Resident shall submit proof of residency and vehicle ownership, and remains of more than half the destroyed permit to receive a replacement. In the case where the permit was destroyed due to extensive vehicle damage, a copy of a claim filed with the resident's insurance company or a document from a vehicle repair facility shall be required. 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. Lost permits shall require the payment of a $25.00 replacement fee. APPENDIX I 309 d. Transferred Permits due to Sale of Vehicle In the case where a vehicle displaying a permanently affixed 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 half 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 issued to "extra family vehicles". B. Individuals with sub lease or sub tenancy agreements may be eligible to 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. 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 apply. 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 apply. In all cases, resident owners or individuals with sole tenancy of a particular unit 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 six 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 part of the basic allotment allowed for the unit. Section 12. Issuance of Temporary Permits The Community Counseling Center, acting as agent of the City of San Juan Capistrano, shall have the authority to issue temporary permits as they deem necessary to provide time for new residents or individuals seeking additional permits to complete their application process and receive a hearing on their request. APPENDIX I 4 310 5 Section 13. Vehicles owned by Active Military Personnel ' Vehicles owned by active military personnel do not require California registration, but are subject to all other provisions of this program regarding residency and vehicle ownership. Section 14. Sanctions for Misrepresentation or Falsification Sanctions will be imposed for intentional misrepresentation of eligibility or falsifying information on an appeal application. Sanctions will be imposed for unauthorized copying of a permit, counterfeiting 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 hearing 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. APPENDIX I