Resolution Number 09-09-15-02RESOLUTION NO. 09-09-15-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AUTHORIZING THE CAPISTRANO VILLAS HOMEOWNERS
ASSOCIATIONS I, 11 & Ill TO MANAGE THE PARKING PERMIT PROGRAM
CURRENTLY MANAGED BY THE CITY, APPROVING REVISED RULES GOVERNING
THE PARKING PERMIT PROGRAM, AND MODIFYING THE PARKING PROHIBITION TO
"NO PARKING, TOW AWAY ZONE, 11:00 P.M. TO 6:00 A.M., EXCEPT BY PERMIT,
EVERYDAY."
WHEREAS, the California Vehicle Code, Section 22507, authorizes cities to
establish a permit parking program by resolution; and,
WHEREAS, in 1994 the City Council established by Resolution (94-1-18-4) a "No
Parking, 3:00 a.m, to 6:00 a.m., Except by Permit," program in the Capistrano Villas
Neighborhood; and,
WHEREAS, it is necessary to make modifications to the permit parking program to
improve the quality of life for residents of the Capistrano Villas Neighborhood; and,
WHEREAS, the City of San Juan Capistrano has received a written request from the
Homeowners Associations of the Capistrano Villas I, 11 & Ill to take over management of
the parking permit program; and,
WHEREAS, the City of San Juan Capistrano has received a revised Capistrano
Villas Parking Program & Rules from the Homeowners Associations of the Capistrano
Villas 1, II & III; and,
WHEREAS, the City of San Juan Capistrano has received a request from the
Homeowners Associations of the Capistrano Villas 1, II & 111 to modify the parking permit
restrictions to, "No Parking, Tow Away Zone, 9:00 p.m. to 6:00 a.m., Except by Permit,
Everyday."; and,
WHEREAS, at the City Council meeting of September 15, 2009, the City Council
reviewed all information presented and modified the request from the Homeowners
Associations of the Capistrano Villas 1, 11 & III, to "No Parking, Taw Away Zone, 11:00 p.m.
to 6:00 a.m., Except by Permit, Everyday."; and,
WHEREAS, at the City Council meeting of September 15, 2009, the City
Council further held that all new parking restriction signs shall be ordered and installed by
November 1, 2009; after a grace period of 10 calendar days, all vehicles not displaying an
authorized permit shall be subject to citation; beginning on January 4, 2010, all vehicles not
displaying an authorized permit shall be subject to citation and tow; no more than four
Annual Permits shall be issued to a unit with a one -car garage or a two -car garage; a valid
California Driver's License is required to receive a parking permit.
1 9-15-2009
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
San Juan Capistrano does hereby designate the Homeowners Associations of the
Capistrano Villas I, 11 & Ill as the managers of the parking permit program, authorize the
managers to designate a program administrator, approve and adopt the modifications to
the Parking Permit Program & Rules in the Capistrano Villas 1, 11 & III attached hereto as
Exhibit A. The parking restrictions are further revised to "No Parking, Tow Away Zone,
11:00 p.m. to 6:00 a.m., Except by Permit, Everyday;" all new parking restriction signs shall
be ordered and installed by November 1, 2009; after a grace period of 10 calendar days,
all vehicles not displaying an authorized permit shall be subject to citation; beginning on
January4, 2010, all vehicles not displaying an authorized permit shall be subjectto citation
and tow; no more than four Annual Permits shall be issued to a unit with a one -car garage
ora two -car garage; and a valid California Driver's License is required to receive a parking
permit.
BE IT FURTHER RESOLVED, that the City Council finds that per the State
CEQA Guidelines, the proposed revisions to the parking permit program should not be
considered a "project" because the parking program involves no physical construction and
no impacts to the environment have been identified. CEQA Guideline 15061(b)(3) further
provides that even if an action is deemed to be a "project", it is exempt from CEQA if the
activity is covered by the general rule that CEQA applies only to projects which have the
potential for causing a significant effect on the environment. The parking program is
further categorically exempt under CEQA Guideline 15301 Class 1(c) (existing
highway/street facilities).
PASSED, APPROVED, AND ADOPTED this 15th day of September 2009.
YA
TRK NILSEN, MAYOR
ATTES ;t`:
MARIA MOIRMSi ACTING CITY CLERK
2 9-15-2009
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed Acting City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No, 09-09-15-02 was duly adopted by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 15th day
of September 2009, by the following vote:
AYES: OUNCIL MEMBERS:
NOES OUNCIL MEMBER:
A6
SE --. COUNCIL MEMBER:
MARFA-MQRRIS, Actir}�\City Clerk
Z`
Allevato, Freese, Nribar, Uso and Mayor Nielsen
None
None
3 9/15/2009
EXHIBIT A
Capistrano Villas I, II & III
CAPISTR.A,.NO VILLAS
PARKING PERMIT PROGRAM & RULES
Revised: September 17, 2009
A Parking By Permit Only Program has been established for the public streets in the
neighborhood known as the Capistrano Villas in the City of San Tuan Capistrano. The
City of San Tuan Capistrano has approved by City Council Resolution that the
Homeowners Associations of the Capistrano Villas 1, 11 & III manage the Parking Permit
Program. Any fundamental changes to the Parking Permit Program & Rules must be
approved by the City of San. Juan Capistrano. The Board. of Directors for the Capistrano
Villas I, II & III have designated Coastal Resource Managernent to act as the Program
Administrator of this program. If you have any questions, contact Coastal Resource
Management at (949) 234-0297. 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 Neighborhood
during the hours of 11:00 PM until 6:00 AM daily by permit only. Vehicles parked on
these public streets during these hours, which do not display a valid permit, are subject to
citation by the Orange County Sheriff s Department or an. Agent thereof. Some vehicles
will be exempt from the requirement to display a permit as described in. Section 5.
Vehicles may be parked on the public streets of the Capistrano Villas Neighborhood
during all other hours of the day without permit. However, vehicles parked during these
hours are still subject to any posted restrictions such as hours reserved for street
sweeping. Any vehicle parked 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. Vehicles in violation of the California Vehicle Code, City Municipal
Code, and the regulations provided herein may be subject to tow.
Page 1 of 7
SECTION 2 — PERMIT ELIGIBILITY & PLACEMENT
A. Annual Permits
Annual Permits shall be issued for a term of one year. Annual Permits will be renewed
annually to ensure that only vehicles of current residents are parking in the area. The
number of Annual Permits available for each unit as the basic allotment for each unit
shall be based upon the number of garage spaces per each. unit. Annual Permits are not
required for vehicles parked in garages. Upon verification of owned vehicles, units with
a double garage will be eligible to receive a basic allotment of one Annual Permit for on
street parking, and units with a single garage will be eligible to receive two Annual
Peri -its for on street parking.
B. Visitor Permits
Each unit is eligible to receive Visitor Permits) totaling up to forty-five (45) days
annually. The Visitor Permit is for guest use only and must be requested in advance.
Visitor license plate information must be provided to the Program. Administrator at time
of Visitor Permit issuance.
C. Form of Permit and Placement
The Annual Permit will be in the form of a decal. Annual Permit decals must be
permanently attached to the interior bottom driver's side front windshield.
Visitor Permits must be displayed on the dashboard on the driver's side of the vehicle.
SECTION 3 — ANNUAL PERMIT ISSUANCE PROCESS FOR THE BASIC
ALLOTMENT
Each owner, or his/her designee, is eligible to receive the basic allotment of Annual.
Permits from Coastal Resource Management, which acts as the Capistrano Villas I, II &
III Program Administrator. Upon payment of pen -nit fees and approval of all required
documentation, permits will be issued. Depending on whether the garage has one or two
spaces for vehicle parking, the owner will be eligible for the basic allotment of one or
two Annual Permits following verification of the owned vehicle(s), and presentation of
personal identification. All garage spaces assigned to each unit mast be used for vehicle
parking before an Annual Permit will be issued.
The individual being issued the parking permit(s) will be asked to provide the following:
■ Name, address and telephone number.
• Proof of residency.
Proof of current vehicle registration with the State of California Department of
Motor Vehicles for all vehicles to be permitted and/or designated for assigned garage
space(s). All garage spaces must be used before an Annual Permit will be issued.
■ All vehicle registrations must reflect the current address for which the Annual Permit
is be requested.
■ Valid California Driver's License.
Page 2 of'7
Upon sale or lease/rental of a unit, parking permits will not be transferable from one
owner or resident to another. New property owners will be required to provide proof of
property title prior to permit issuance, as outlined in Section 11.
Upon application, residents may be eligible for additional Annual Permits. A separate
process is outlined in Section 6 for the issuance of any additional Annual Permits.
The 2009-2010 Annual Permits are $22.00 each.
SECTON 4 — TYPES OF VEHICLES ELIGIBLE AND NOT ELIGIBLE TO
RECEIVE PERMITS
An Annual Parking Permit may be issued to any vehicle that can be legally parked on a
public street, per the standards of the California Vehicle Code and Chapter 6 of Title 4 of
the San Juan Capistrano Municipal. Code.
Under City of San Juan Capistrano Municipal Code, it is unlawful for any commercial
vehicle to stop, stand, or park on any City street for more than one hour.
Under California Vehicle Code, a commercial vehicle is a vehicle that is used for the
transportation of persons for hire, compensation, or profit or designed, used, or
maintained primarily for the transportation of property.
Under City of San Juan Capistrano Municipal Code, no person shall park and leave
standing upon any public street any motor vehicle in excess of twenty-five (25) feet in
length, no greater than ninety (90) inches wide, and/or has a gross vehicle weight in
excess of ten thousand pounds (10,000 lbs.).
If a City issued Parking Permit is displayed on a vehicle not authorized to park in the
City, it shall be subject to citation.
SECTION S — 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 Neighborhood, 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
provided that the vehicle displaying the disabled placard is in compliance with California
Vehicle Code Sections 4461 and 5007 regarding issuance and use of the disabled placard.
Page 3 of 7
SECTION 6 — ADDITIONAL ANNUAL PERMITS
A. Application Procedure
In addition to the basic allotment, additional Annual Permits may be issued pursuant to
the application procedures herein. After an application is submitted, the Program
Administrator will conduct an Administrative Review of all documents submitted for an
additional Annual Permit. The Administrative Review will take place within three
business days of the submission of a completed application and the required supporting
documentation. If it is determined the applicant is eligible for an additional Annual
Permit, the Program Administrator will notify the respective Board of Directors of
Capistrano Villas 1, II & III, and the designated representative will render a final opinion
regarding the issuance of an additional Annual Permit. The Program Administrator will
then notify the applicant as to whether an additional Annual Permit was approved or
denied. Additional Annual. Permits are $50.00 each.
An applicant must submit the following documentation for an. additional Annual. Permit:
• A completed application form as provided by the Program Administrator
• Photocopies of State of California Department of Motor Vehicle Registrations, as
outlined in Section 6-13
• Photocopies of California Driver's Licenses, as outlined in Section 6-C
• Proof of Residency, as outlined in Section 6-D
B. Proof of Vehicle Ownership and Registration
• All applicants requesting an additional Annual Permit must show proof of current
vehicle registration with the State of California 'Department of Motor Vehicles for
the additional vehicle as well as all other vehicles permitted and/or designated for
assigned garage space(s). All garage spaces must be used before an Annual Permit
will be issued and this is also a requirement for Additional Annual Permits.
• All the vehicle regi.strations must reflect the name and the current address for which
the Annual Permit is being requested.
• All the vehicle registrations must indicate that the vehicle is authorized to legally
operate on the streets according to California Vehicle Code.
• An expired vehicle registration will not be accepted.
C. California Driver's License
• Additional Annual Permits will be issued on a one-driver/one car ratio.
• Show proof of a current California Driver's License for each vehicle's driver for
each. vehicle registered at the applicant's residence.
• All the California Driver's Licenses must reflect the property address for which the
application is being submitted.
• An expired license will not be accepted.
D. Proof of Residency
All applicants requesting an additional Annual Permit(s) must show proof of residency at
the specific unit within the Capistrano Villas for which the application is being submitted.
Page 4 of 7 Y
E. Eligible Dependents
Applicants may be eligible to receive additional Annual 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, Annual Permits
will be issued on a one-driver/one car ratio. No Annual Permits will be issued to "extra
family vehicles."
P. Commuter Vans
Commuter Vans/Vanpool Vehicles are eligible for an Annual Permit upon submittal of
documentation of vanpool use (i.e., letter from sponsoring vanpool agency).
Requirements for proof of residency of the individual requesting the Annual Permit will
also apply.
G. Company Owned Vehicles
If a vehicle is not excluded from parking within the City of San :yuan Capistrano, as
defined by City Municipal Code defining Commercial Vehicles, company owned
vehicles are eligible for an additional Annual Permit, upon submission of documentation
by the registered owner showing employee's name, address and authorized use of
vehicle. ,Said documentation must be on company letterhead, signed with original
signature of an authorized company representative; no copies; no faxes. All other
provisions such as residency of employees and restrictions on size of vehicle will apply.
SECTION 7— REPLACEMENT PERMITS
The Program Administrator will consider requests for replacement of lost, stolen or
destroyed Annual Permits. A replacement will be issued to an eligible resident upon
proof of the following:
A. Stolen Annual Permit
Resident shall submit proof of residency and vehicle ownership as described in Section b
and proof of loss by providing a copy of the report filed with a Law Enforcement
Agency. Where loss has occurred due to vehicle burglary or theft, the resident shall
submit proof that a report has been fled with a Law Enforcement Agency. This proof is
a copy of the Law Enforcement Agency Investigator's business card with a case number
reference. Requests for replacement of stolen Annual Permits must be submitted through
the unit owner, owner's agent, or designee.
Page 5 of 7
B. Destroyed Annual Permits
Resident shall submit proof of residency and vehicle ownership as well as the remains of
more than. half of the destroyed permit showing the permit number to receive a
replacement. In the case where the permit was destroyed due to extensive vehicle
damage, a copy of the claim filed 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, owner's agent, or designee.
C. Lost Annual Permits
Residents requesting replacement Annual Permits because of loss shall provide proof of
residency and proof of vehicle ownership for the vehicle for which the replacement is
requested. Requests for replacement of lost Annual Permits must be submitted through
the unit owner or the owner's agent or designee. Lost Annual Permits shall require the
payment of a $32.00 replacement fee.
D. Transferred Annual Permits due to Sale of Vehicle
In the case where a vehicle displaying a permanently affixed Annual Permit is sold, the
former owner may request a replacement Annual Permit upon submittal of proof of
residency and. proof of sale of the vehicle. The remains of more than half of the Annual
Permit showing the permit number are to be submitted. Upon sale of a vehicle, Annual
Permits must be brought in to the parking Program Administrator in order to avoid a
$32.00 fee for replacement of a lost sticker. Once the sticker is tun -led in, a new sticker
may be issued for a new vehicle at no charge.
E. Lost or Stolen Visitor Permit
No replacement permit shall be issued for a lost or stolen Visitor Permit.
SECTION S — MAXIMUM NUMBER OF PERMITS
In no case shall more than four (4) Annual Permits be issued to a unit with a one -car
garage or a two -car garage. This includes any Annual Pennit(s) issued as part of the
basic allotment allowed for the unit.
SECTION 9 — VEHICLES OWNED BY ACTIVE MILITARY PERSONNEL
Vehicles owned by active military personnel do not require California Registration,
however, they are subject to all other provisions of this Program regarding residency and
vehicle ownership per California Vehicle Code Section 6701.
Page 6 of 7
SECTION 10 — SANCTIONS FOR MISREPRESENTATION OR FALSIFICATION
Sanctions will be imposed for intentional misrepresentation of eligibility or falsifying
information on any document submitted. Sanctions will be imposed for unauthorized
copying of a permit or counterfeiting of a permit. Any individual accused of violating
this section shall be entitled to an Administrative Review by the Program Administrator.
The Program Administrator will consider evidence and will render a recommendation. for
final decision by the respective Board of Directors of Capistrano Villas I, II & III. The
sanction for violating this rule is loss of the permit or permits in question for up to a
twelve (12) month period.
Upon findings of an allegation of misrepresentation or falsification, the Program
Administrator shall provide the respective Board of Directors of Capistrano Villas I, I1 &
III a written report of the history and background of the matter along with any
additional/necessary evidence. The Program Administrator shall file this information
with the respective Board of Directors of Capistrano Villas I, II & III within fourteen (14)
business days following a finding and/or allegation of misrepresentation or falsification.
The respective Board of Directors of Capistrano Villas I, II & III designated
representative shall issue a decision to the Program Administrator as to what sanctions
shall be imposed. Subsequently, the individual accused of misrepresentation or
falsification will be notified by the Program. Administrator as to what sanctions, if any,
shall be imposed.
SECTION 11 — UNIT OWNER TRANSFER OF PERMITS IS PROHIBITED
Owners may not transfer parking permits to other homeowners or tenants. All permits
are numbered and assigned for use to specific homes and vehicles. Any individual
accused of violating this section shall be entitled to an Administrative Review by the
Program Manager. The Program Manager will consider evidence and will render a
recommendation for final decision by the respective Board of Directors of Capistrano
Villas I, lI & 111. The sanction for violating this rule is loss of the permit or permits in
question for up to a twelve (12) month period.
Upon findings of an allegation of transfer of permits, the Program Administrator shall
provide the respective Board of Directors of Capistrano Villas I, 11 & III designated
representative a written report of the history and background of the matter along with any
additional/necessary information. The Program Administrator shall file this information
with the respective Board of Directors of Capistrano Villas I, II & III within fourteen (14)
business days following a finding and/or allegation of transfer of permits. The respective
Board. of Directors of Capistrano Villas I, 11 & III designated representative shall issue a
decision to the Program Administrator as to what sanctions shall be imposed.
Subsequently, the individual accused of transferring permits will be notified by the
Program Administrator as to what sanctions, if any, shall be imposed.
SECTION 12 - ENFORCEMENT
Vehicles in violation of the Parking Permit Program Rules may be subject to citation
and/or tow as defined under the City of San Juan Capistrano Municipal. Code 4-6.304(b)
and or the California Vehicle Code Section 22651(n).
Page 7 of 7