Ordinance No. 1066280
ORDINANCE NO. 1066
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ADDING ARTICLE XIX, ENTITLED RESIDENTIAL
PARKING PERMIT DISTRICTS, TO CHAPTER 16 OF THE CYPRESS
MUNICIPAL CODE
NOW, THEREFORE, the City Council of the City of Cypress, California, does
ordain as follows:
Section 1. There is hereby added to the Cypress Municipal Code, Article XIX to
Chapter 16, to read, in its entirety, as follows:
"Sec. 16 -115 Purpose of Article
This article is enacted pursuant to authority granted by sections 22507
and 22507.5 of the Vehicle Code to alleviate serious problems in
certain residential areas of the city due, in part, to the misuse of
available on- street parking, the parking of motor vehicles on streets
therein by non - residents thereof for extended periods of time, resulting
in neighborhood decline in said areas by reason of traffic congestion,
noise, air pollution, traffic hazards, and inability of residents therein to
park their motor vehicles near their residences.
Sec. 16 -116 Establishment, Designation, and
Termination of Residential Parking Permit Districts
A. The Director of Public Works or his /her designee shall provide
petition forms to establish one or more residential parking permit
districts.
B. Submission of Petition.
1. Proceedings for designating a residential parking permit district
may be initiated by petition containing the signatures of at least two -
thirds (2/3) of the residents of all units of occupancy fronting curbs
proposed to be included in a residential parking permit district. Such
petition, in a form approved by the Director of Public Works, shall
include the street boundaries of the proposed residential parking
permit district, signatures of the residents within the proposed
residential parking permit district, an affirmative representation from
such residents that each signator acknowledges and agrees to assume
the associated administrative and enforcement costs, and shall include
the signature, printed name, and address of each signator thereto.
2. Following inspection and verification of the completeness and
sufficiency of the petition, the Director of Public Works or his /her
designee, shall certify the sufficiency of the petition and forward the
same to the City Council at its next regularly scheduled meeting
following receipt of the petition for consideration and possible action.
3. Upon receipt of a certified petition, the City Council shall then set
a date, time, and place for a public hearing on any petition to form a
residential parking permit district. The City Clerk shall mail notice of
such hearing at least ten (10) calendar days prior to the hearing to all
property owners, residents, and commercial occupants within the
proposed district and within four hundred feet (400') of the boundaries
of such district, measured from the outer edges of the rights -of -way
constituting the outer district boundaries.
C. Consideration of Petition
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1. At the public hearing on any certified petition, the City Council
shall determine if there is good cause, in the sound discretion of the
City Council, to create a residential parking permit district. Such
determination shall be based upon, but not limited to, substantial
compliance with the following guidelines:
(a) High demand. More than seventy -five percent (75 %) of on street
spaces are occupied during the period proposed for parking
restriction or prohibition. In cases where a time limit parking
restriction or parking prohibition is already in place, the Director of
Public Works or his /her designee shall use reasonable judgment
as to whether the demand criteria would likely be met without the
restriction or prohibition; and
(b) Self- contained area. The district, alone or in combination with
other existing or potential residential parking permit districts,
constitutes a reasonably self- contained area of parking demand
and supply. The Director of Public Works or his /her designee
shall make the determination of a reasonably self- contained area,
utilizing boundaries such as major streets, nonresidential land
uses, edges of higher or lower density residential areas; and
utilizing surveys of existing conditions to determine extent of area
impacted by nonresident parking. The Director of Public Works or
his /her designee shall designate each such self- contained
residential parking permit district with a unique letter or
combination of letters, which shall be the official designation of
said district. The purpose of this designation process is to ensure
that proposed residential parking permit districts are of sufficient
size as to reasonably encompass the problem area and to offer
sufficient on street parking spaces to provide reasonable
opportunity for residents to obtain parking.
2. When the district is proposed solely for daytime residential permit
parking, the following guidelines shall apply:
(a) Nonresidential users. More than fifty percent (50 %) of vehicles
parking at curbside during the period proposed for parking
restriction or prohibition are owned by nonresidents of the district.
In cases where a time limit parking restriction or prohibition is
already in place, the Director of Public Works /City Engineer shall
use reasonable judgment as to whether the demand criteria would
likely be met without the restriction or prohibition.
3. Such additional criteria may be applied as the City Council may
deem reasonable and prudent to the creation of such a district.
D. Modification or Termination of Parking District
1. The City Council may modify or terminate any residential
parking permit district upon receipt of a petition, on a form
provided for the same by the Director of Public Works or
his /her designee, calling for such modification or termination
which has been received by the Director of Public Works or
his /her designee, and which contains the signatures and the
corresponding printed name and address representing a
majority (50 percent plus 1) of the dwelling units in the district.
In addition, the City Council may, on its own initiative and by
resolution, set for public hearing the consideration of possible
modification or termination of any residential parking permit
district, based upon, but not limited to, any changes in the
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criteria upon which the original designation was based; such
as, reduction in on- street parking demand or significant
changes in traffic patterns.
2. The City Council shall set a time and place for a public hearing
on any petition, or Council initiated resolution, to consider
possible modification or termination of any residential parking
permit district. The City Clerk shall mail notice of such a
hearing at least ten (10) calendar days prior to the hearing to
all property owners, residents, and commercial occupants
within any affected existing residential parking permit district.
3. At the public hearing to consider possible modification or
termination of any existing parking district, the City Council
shall determine if there is good cause, in the sound discretion
of the City Council, to modify or eliminate any residential
parking permit district. Such determination shall be based
upon, but not limited to, substantial compliance with the
following guidelines:
(a) Lack of demand. Fewer than seventy -five percent (75 %) of
on street spaces are occupied during the period proposed for
parking restriction or prohibition; and
(b) Self- contained area. The residential district, alone or in
combination with other existing or potential residential parking
permit districts, lacks the criteria to be deemed a self -
contained area of parking demand and supply; or
(c) Changes in the circumstances upon which any original
parking district designation was based; such as, reduction in
on- street parking demand or significant changes in traffic
patterns.
Sec. 16 -117 Residential Parking Permits Within an
Approved District — Issuance
A. The Engineering Division shall issue residential parking permits.
Residential parking permits within any approved district shall be of
three (3) types: (1) resident parking permits, (2) guest parking permits,
and (3) temporary parking permits. No more than one permit shall be
issued for each vehicle for which application is made. Each resident
parking permit issued shall reflect the license number of the vehicle for
which the permit is issued.
B. Residential parking permits may be issued only for passenger
vehicles and pickup trucks, as defined in Sections 465 and 471 of the
California Vehicle Code, and only upon application of a person whose
legal address is on a street, or portion thereof, designated as part of a
residential parking permit district.
C. Residential parking permits may be issued as follows:
4. Up to two (2) resident permits may be purchased per address.
For each resident permit, proof of residency and registered ownership
or exclusive use and control of a vehicle shall be demonstrated in a
manner determined by the Director of Public Works or his /her
designee. The applicant shall provide the vehicle license plate number
and such additional information as the Director of Public Works or
his /her designee deems necessary for the proper processing of the
applicant.
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5. One guest parking permit may be purchased per address. A
guest parking permit may be issued to a person whose legal address is
on a street, or portion thereof, designated as part of a residential
permit parking district. Use of a guest permit is limited to visitors and
providers of services to the applicant or the applicant's residence and
is not limited to a particular vehicle. The applicant is responsible for
the proper use of the guest parking permit.
6. Temporary parking permits may be issued for bona fide guests of
residents of a residential parking permit district, provided that such
permits shall be valid for no more than one (1) day.
Sec. 16 -118
and Duration
Residential Parking Permit — Application
A. Permit applications may be obtained through the Engineering
Division. Except for temporary parking permits, the term of the
resident and guest parking permits shall be unlimited, as long as the
residential permit parking district is in place. Each application shall
contain such information as the Director of Public Works or his /her
designee deems necessary for the proper processing of the
application. The application shall also contain a statement to the effect
that the applicant agrees that the permit applied for may not be sold or
transferred in any manner, except that a guest permit may be used by
various visitors and service people to the applicant's residence. The
application shall also state that the sale or transfer of a permit in
violation of this chapter shall be subject to a fine in the amount of one
hundred dollars ($100.00) and that any misuse of any permit issued
under this section is grounds for revocation of the permit by the
Director of Public Works or his /her designee.
B. An application may be submitted by either the owner of the
property for which a permit is sought or the tenant of such property, but
in the case of applications submitted by tenants, the owner of the
property shall also be required to sign the application form.
Sec. 16 -119 Residential Parking Permit — Fee
The cost for the issuance of resident and guest parking permits shall
be $20.00 each, or as the same may be established from time to time
by Resolution of the City Council. The Director of Public Works or
his /her designee shall not issue a replacement permit unless the
director has received satisfactory evidence that the permit being
replaced has been lost or mutilated. The replacement fee for a
residential or guest parking permit shall be $20.00 each, or as the
same may be established from time to time by Resolution of the City
Council.
Sec. 16 -120 Residential Parking Permit — Display
Resident parking permits shall be firmly attached to the left side of the
rear bumper of the vehicle for which the permit is issued so as to be
readily visible to a person approaching the vehicle from the rear
thereof. Guest permits or temporary permits shall be displayed from
the rearview mirror or by such other method as directed in instructions
contained on the permit itself.
Sec. 16 -121 Residential Parking Permit — Revocation
or Fine for Misuse
A. The Director of Public Works or his /her designee is authorized to
revoke a resident parking permit or a guest parking permit of any
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person found to be in violation of the provisions of this chapter and,
upon the written notification thereof, such person shall surrender the
permit to the director or provide its destruction or disfigurement to the
director's satisfaction. Additionally, the sale or transfer of a permit in
violation of this chapter shall constitute an infraction punishable by a
fine of one hundred dollars ($100.00).
B. Any person whose residential parking permit has been revoked
shall not be issued a new permit until expiration of a period of one year
following the date of revocation and until such person has made
required application therefore and has paid the fee required for a
renewal permit.
Sec. 16 -122 Signposting
The Director of Public Works or his /her designee shall place and
maintain or cause to be placed and maintained on each of the streets,
or portions of streets, appropriate signs notifying the public of the time
limits that vehicles must display residential parking permits.
Sec. 16 -123 Enforcement hours
Residential parking referenced in this chapter 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 when designating each
residential parking permit district.
Sec. 16 -124 Parking Privilege for Permit Holder
Any passenger vehicle or pickup truck properly displaying valid,
residential parking permits may be parked on any of the streets, or
portions of streets, for which said permits have been issued without
being limited by time restrictions on parking, other than those in effect
for purposes of street sweeping or of prohibiting parking or stopping at
any time or of prohibiting parking more than seventy two (72)
consecutive hours, set forth in this title and applicable generally to
parking of vehicles. Residential parking permits shall not guarantee or
reserve to the holder thereof any on street parking space.
Sec. 16 -125 Violations Designated
A. No person shall falsely represent himself or herself as eligible for
residential parking permits or furnish false information in an application
therefore to the Director of Public Works or his /her designee.
B. No person shall park or leave standing in a residential parking
district a motor vehicle on which is displayed a residential parking
permit which has been issued pursuant to the provisions of this chapter
for a different passenger vehicle or pickup truck.
C. No person shall park or leave standing in a residential permit
parking district a motor vehicle on which is displayed a facsimile or
counterfeit residential parking permit.
D. No person whose residential parking permit has been revoked
shall refuse or fail to surrender the permit to the Director of Public
Works or his /her designee when requested by the Director, in writing,
to do so.
Sec. 16 -126 Rules and Regulations
The Director of Public Works or his /her designee may, from time to
time promulgate rules and regulations to facilitate implementation of
the chapter, which rules and regulations may include, but need not be
limited to, procedures for the application for an issuance of permits
hereunder and provision for a limitation of the number of permits that
may be issued per dwelling unit."
Section 2. If any section, subsection, sentence, clause, or phrase of this ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of any
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have passed
this ordinance, and each and every section, subsection, sentence, clause and phrase
thereof not declared invalid or unconstitutional without regard to whether any portion of
the ordinance would be subsequently declared invalid or unconstitutional.
Section 3. The City Clerk of the City of Cypress shall certify to the passage and adoption
of this ordinance and the same shall be posted as required by law and shall take effect as
provided by law.
FIRST READING at a regular meeting of the City Council of said City held on the
14th day of February, 2005 and finally adopted and order posted at a regular meeting held
on the 28t" day of February, 2005.
ATTEST:
CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
) SS
MAYOR OF THE CITY OF CYPRESS
I, JILL R. GUERTIN, City Clerk of the City of Cypress, DO HEREBY CERTIFY
THAT THE FOREGOING Ordinance was duly adopted by said City Council at a regular
meeting held on the 28th day of February, 2005, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CII ' CLERK OF THE CITY OF CYPRESS
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