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Home My WebLink About2021-11-01 Ordinance 5531 1 237_20211006_ts24 Ordinance No. 5531 Ordinance of the Council of the City of Palo Alto Amending Various Chapters of Title 10 (Parking) of the Palo Alto Municipal Code to Allow Virtual Parking Permits, Update Definitions and Processes, and Limit “Loading and Unloading” to “Active Loading and Unloading” The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and declarations. The City Council finds and declares as follows: A. The City Council desires to allow virtual permits for the City’s various permit parking programs. B. The City Council desires to update various sections of Title 10 to update job titles, definitions, and processes to reflect current practices. C. The City Council desires to clarify that “loading or unloading” be limited to “active loading or unloading” when permitted by various sections of Title 10. D. The City Council hereby amends Title 10 to implement these changes as specifically described in this Ordinance. SECTION 2. The following sections of Chapter 10.04 (Definitions) of Title 10 (Vehicles and Traffic) are hereby amended as follows (new text is underlined, deletions are in strikethrough): 10.04.060 Loading zone. "Loading zone" means that space adjacent to a curb reserved for the exclusive use of vehicles during the active loading or unloading of passengers or materials. 10.04.080 Park. "Park" means the standing of a vehicle, whether occupied or not, otherwise than temporarily for a period of less than thirty seconds for the purpose of and while actually engaged in active loading or unloading passengers or materials. 10.04.100 Passenger loading zone. "Passenger loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the active loading or unloading of passengers. SECTION 3. Chapter 10.04 (Definitions) is hereby amended to add new section 10.04.185 as follows: 10.04.185 Transportation Network Company. "Transportation Network Company” means an organization, including, but not limited to, a corporation, limited liability company, partnership, sole proprietor, or any other entity, DocuSign Envelope ID: 16F4B487-018A-476C-AB0F-A2B77F845E87 2 237_20211006_ts24 operating in California that provides prearranged transportation services for compensation using an online‐enabled application or platform to connect passengers with drivers using a personal vehicle. SECTION 4. Section 10.36.050 (Parallel Parking) of Chapter 10.36 (Stopping, Standing and Parking ‐ Generally) is hereby amended as follows: 10.36.050 Parallel parking. (a) Subject to other and more restrictive limitations, a vehicle may be stopped or parked within eighteen inches of the left‐hand curb facing in the direction of traffic movement upon any one‐way street unless the city manager has caused signs to be erected prohibiting such stopping or standing. (b) In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no person shall stand or park a vehicle upon the left‐ hand side of such one‐way roadway unless the city manager has caused signs to be erected permitting such standing or parking. (c) The city manager is authorized to determine when standing or parking shall be prohibited upon the left‐hand side of any one‐way street or alley or when standing or parking may be permitted upon the left‐hand side of any one‐way roadway of a highway having two or more separate roadways and shall erect signs giving notice thereof. (d) The requirement of parallel parking in this section shall not apply in the event any commercial vehicle is actually engaged in the process of actively loading or unloading freight or goods, in which case that vehicle may be backed up to the curb, provided that such vehicle does not extend beyond the center line of the street and does not block traffic thereby; however, pursuant to Section 10.40.040 commercial vehicles may not stop, park, or stand in business districts between the hours of 11 a.m. and 6 p.m. unless they are legally parallel parked or are legally parked in any angle parking space. SECTION 5. The following sections of Chapter 10.40 (Stopping, Standing and Parking ‐ Loading And Unloading) are hereby amended as follows: 10.40.020 Signs or curb markings to indicate no stopping and parking regulations. (a) The city manager is authorized, subject to the provisions and limitations of this title, to place signs or the following curb markings on any street, alley, or public parking facility to indicate parking or standing regulations, and curb markings shall have the meaning as herein set forth: (1) Red shall mean no stopping, standing or parking at any time whether the vehicle is attended or unattended except that a bus may stop in a red zone marked or signed as a bus zone. (2) Yellow shall mean no stopping, standing or parking at during any the period of time between six a. m. and six p.m. of any day except Sundays and holidays designated by posted signage for any purpose other than the active loading or unloading of passengers or materials; provided that the loading or unloading of passengers shall not consume more than three minutes nor the loading or unloading of materials more than twenty minutes by commercial DocuSign Envelope ID: 16F4B487-018A-476C-AB0F-A2B77F845E87 3 237_20211006_ts24 vehicles during which the operator must be in attendance, under any circumstances during times when parking is restricted at a yellow zone. (3) White shall mean no stopping, standing or parking at any time, unless limited to specific hours and/or days by posted signs, for any purpose other than the active loading or unloading of passengers which shall not exceed three minutes. (4) Green shall mean no standing or parking for a period of time longer than thirty minutes at any time between eight a.m. and five p.m. of any day except Saturdays, Sundays and holidaysthe specified time limit and on the days indicated by the posted signs. (5) Blue shall mean no stopping, standing or parking except for vehicles that lawfully display a disabled placard or disabled license plate while transporting a disabled person. Such restrictions shall apply at all times. (b) When the city manager, as authorized under this chapter, has caused signs or curb markings to be placed, no person shall stop, stand or park a vehicle adjacent to any such legible sign or curb marking in violation of any of the provisions of this title except as specifically authorized by law. 10.40.030 Effect of permission to load or unload. (a) Permission herein granted to stop or stand a vehicle for purposes of active loading or unloading of materials shall apply only to commercial vehicles and shall not extend beyond the time necessary therefor and in no event for more than twenty minutes. (b) The loading or unloading of materials shall apply only to commercial deliveries including the delivery or pickup of express and parcel post packages and United States mail. (c) Permission herein granted to stop or park for purposes of active loading or unloading passengers shall include the loading or unloading of personal baggage but shall not extend beyond the time necessary therefor and in no event for more than three minutes. (d) The provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges hereby granted. (Ord. 4558 § 4 (part), 1999) 10.40.045 Special parking permit for construction or maintenance work. (a) The chief transportation official may issue a permit for the temporary use of any parking space in a public street or in a public parking facility upon a showing that the applicant will be moving property or conducting construction and/or maintenance work in the immediate area and that no alternative off‐street site for the parking of vehicles or for the temporary storage of equipment and/or materials is available reasonably near the work site. Such permit shall entitle the holder temporarily to use a designated parking space or spaces in a public street or a public parking facility as specified in the permit without regard to time limits otherwise imposed, but shall not permit illegal parking or use and parking or use of unauthorized places. (b) A permit, when issued for the use of a vehicle, shall contain the name of the permittee, the make and type of vehicle, the license number, and the location where and time when the permit shall be in effect. A permit, when issued for the temporary storage of equipment and/or materials, shall contain the name of permittee, the specific type of equipment and/or materials to be stored and the location where and the time when the permit shall be in effect. When a single permit is issued for both parking and storage, the information required for both parking DocuSign Envelope ID: 16F4B487-018A-476C-AB0F-A2B77F845E87 4 237_20211006_ts24 and storage permits, as set forth in this chapter, shall be contained therein. (c) When issued for parking or for storage, the permit shall be placed on the windshield of the vehicle and, when issued for storage, the permit shall be posted in a conspicuous place on the equipment or materialsdisplayed as directed by the City. (d) No permit shall be issued for any initial period greater than thirty working days, but the chief transportation official may renew the permit for additional periods not to exceed thirty working days each. The fee for such permit shall be established in the municipal fee schedule. No permit shall be issued until said fee has been paid to the supervisor of revenue collectionsCity. (e) In addition to the permits described in this section, the chief transportation official may issue permits authorizing the temporary use by commercial vehicles of any parking space in a public street or in a public parking facility upon a showing that the applicant provides emergency repair work. Such permit shall entitle the holder to use a parking space in a public street or a public parking facility without regard to the limits otherwise imposed, but shall not permit illegal parking or parking in unauthorized places; the permit shall authorize parking for the duration of the emergency only. Each use of the permit shall be recorded with the date, time, place, and nature of the emergency, as well as with other information required by the forms provided for reporting purposes. The completed form shall be submitted to the chief transportation official on a monthly basis for verification. A permit shall be effective for one year and shall contain the name of the permittee, the make and type of vehicles, the license numbers and the effective dates of the permit. The original permit shall be placed on the vehicle windshield so as to be visible from outside the vehicle and shall include an indication as to the specific location of the emergencydisplayed as directed by the City. No person shall reproduce a permit. The annual fee for such permit shall be established in the municipal fee schedule. No permit shall be issued until said fee has been paid to the supervisor of revenue collectionsCity. It is unlawful and an infraction for any person: (1) To use an emergency repair parking permit for other than parking for emergency repair work; (2) To use an emergency repair parking permit for other than commercial vehicles; (3) To use an expired or revoked emergency repair parking permit; or (4) To reproduce an emergency repair parking permit. Two violations in any calendar year shall automatically revoke privileges for the next succeeding twelve months. For purposes of this subsection, "emergency repair work" means repair work done to a structure or to mechanical, electrical, or plumbing devices where there exists a threat to life or property. 10.40.050 Standing for loading or unloading only. No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose other than active loading or unloading passengers or materials for such time as is permitted in Section 10.40.030. 10.40.060 Standing in passenger loading zone. No person shall stop, stand or park a vehicle in any passenger loading zone for any purpose DocuSign Envelope ID: 16F4B487-018A-476C-AB0F-A2B77F845E87 5 237_20211006_ts24 other than the active loading or unloading of passengers for such time as is specified in Section 10.40.030. 10.40.070 Standing in any alley. When official signs prohibiting such parking are in place, no person shall stop, stand or park a vehicle for any purpose other than the active loading or unloading of materials in any alley. Such parking shall not exceed twenty minutes. In no event shall the driver of such vehicle leave less than one traffic lane for unobstructed passage. When an alley is designated as a one‐way alley, such parking by vehicles shall be permitted on the right side only. SECTION 6. Chapter 10.40 (Stopping, Standing and Parking ‐ Loading and Unloading) is hereby amended to add new section 10.40.110 as follows: 10.40.110 Transportation Network Company (TNC) Vehicles. No owner or driver of a TNC vehicle shall park or stand the same upon any public highway or street for any period of time longer than is necessary to discharge or receive passengers. SECTION 7. The following sections of Chapter 10.46 (College Terrace Residential Parking Permit Program (RPPP)) are hereby amended as follows: 10.46.010 Definitions. As used in this chapter: (a) “Address” means and includes any residential address. Each dwelling unit within an apartment building that is distinguished by an apartment number shall be considered an address. (b) “Block” means any street segment intersected by two other streets. Blocks include the following: North‐South Blocks 1) Yale Street from Stanford Avenue to Oxford Avenue 2) Yale Street from Oxford Avenue to College Avenue 3) Yale Street from College Avenue to Cambridge Avenue 4) Yale Street from Cambridge Avenue to California Avenue 5) Williams Street from Stanford Avenue to College Avenue 6) Williams Street from College Avenue to California Avenue 7) Wellesley Street from Stanford Avenue to Oxford Avenue 8) Wellesley Street from Oxford Avenue to College Avenue 9) Wellesley Street from College Avenue to Library 10) Wellesley Street from Library to California Avenue 11) Cornell Street from Stanford Avenue to College Avenue 12) Cornell Street from College Avenue to California Avenue 13) Princeton Street from Stanford Avenue to College Avenue 14) Princeton Street from College Avenue to California Avenue 15) Oberlin Street from Stanford Avenue to College Avenue 16) Oberlin Street from College Avenue to California Avenue DocuSign Envelope ID: 16F4B487-018A-476C-AB0F-A2B77F845E87 6 237_20211006_ts24 17) Harvard Street from Stanford Avenue to College Avenue 18) Harvard Street from College Avenue to California Avenue 19) Hanover Street from Stanford Avenue to College Avenue 20) Hanover Street from College Avenue to California Avenue 21) Dartmouth Street from Stanford Avenue to Werry Park 22) Dartmouth Street from Werry Park to College Avenue 23) Dartmouth Street from College Avenue to Weisshaar Park 24) Dartmouth Street from Weisshaar Park to California Avenue 25) Columbia Street from Stanford Avenue to College Avenue 26) Columbia Street from College Avenue to California Avenue 27) Bowdoin Street from Stanford Avenue to College Avenue 28) Bowdoin Street from College Avenue to California Avenue 29) Amherst Street from Stanford Avenue to College Avenue 30) Amherst Street from College Avenue to California Avenue 31) Staunton Court from Oxford Avenue to College Avenue East‐West Blocks 1) Stanford Avenue from El Camino Real to Yale Street 2) Stanford Avenue from Yale Street to Williams Street 3) Stanford Avenue from Williams Street to Wellesley Street 4) Stanford Avenue from Wellesley Street to Cornell Street 5) Stanford Avenue from Cornell Street to Princeton Street 6) Stanford Avenue from Princeton Street to Oberlin Street 7) Stanford Avenue from Oberlin Street to Harvard Street 8) Stanford Avenue from Harvard Street to Escondido Street 9) Stanford Avenue from Escondido Street to Hanover Street 10) Stanford Avenue from Hanover Street to Dartmouth Street 11) Stanford Avenue from Dartmouth Street to Columbia Street 12) Stanford Avenue from Columbia Street to Bowdoin Street 13) Stanford Avenue from Bowdoin Street to Amherst Street 14) College Avenue from Yale Street to Williams Street 15) College Avenue from Williams Street to Wellesley Street 16) College Avenue from Wellesley Street to Cornell Street 17) College Avenue from Cornell Street to Princeton Street 18) College Avenue from Princeton Street to Oberlin Street 19) College Avenue from Oberlin Street to Harvard Street 20) College Avenue from Harvard Street to Hanover Street 21) College Avenue from Hanover Street to Dartmouth Street 22) College Avenue from Dartmouth Street to Columbia Street 23) College Avenue from Columbia Street to Bowdoin Street 24) College Avenue from Bowdoin Street to Amherst Street 25) California Avenue from Yale Street to Williams Street 26) California Avenue from Williams Street to Wellesley Street 27) California Avenue from Wellesley Street to Cornell Street 28) California Avenue from Cornell Street to Princeton Street DocuSign Envelope ID: 16F4B487-018A-476C-AB0F-A2B77F845E87 7 237_20211006_ts24 29) California Avenue from Princeton Street to Oberlin Street 30) California Avenue from Oberlin Street to Harvard Street 31) California Avenue from Harvard Street to Hanover Street 32) California Avenue from Hanover Street to Dartmouth Street 33) California Avenue from Dartmouth Street to Columbia Street 34) California Avenue from Columbia Street to Bowdoin Street 35) California Avenue from Bowdoin Street to Amherst Street 36) Oxford Avenue from Stanton Court to Yale Street 37) Cambridge Avenue from El Camino Real to Yale Street (c) “College Terrace” means the area bounded by El Camino Real on the east, Amherst Street on the west, California Avenue on the south, and Stanford Avenue on the north. The residential portion of the CN zone on the east side of Yale Street, the north side of Cambridge Avenue, the west side of Stanton Court and Oxford Avenue from Staunton Court to Yale, is also included in the boundary of College Terrace. Areas, including block faces on the north side of Stanford Avenue and on the south side of California Avenue are excluded. (d) “Day care center” means and includes any state‐licensed day care center with five or more employees. (e) “Designated residential parking area,” sometimes referred to as “residential permit parking area,” means any block upon which the Council imposes parking limitations pursuant to the authority granted by this chapter. (f) “Guest parking permit” means a parking permit issued pursuant to this chapter or an ordinance or resolution enacted pursuant to authority granted herein, which when displayed upon a motor vehicleas directed by the City, as described herein, shall exempt the motor vehicle from parking time restrictions established pursuant to this chapter. (g) “Guest” means an individual who calls upon a resident in the designated residential permit parking area with specific intent to spend time in or about that resident’s residence for the purpose of social intercourse or to provide a service. (h) “Motor vehicle” means and includes automobile, truck, motorcycle or other motor driven form of transportation. (i) “Neighborhood‐serving establishment” means all libraries, schools, day care centers, and nonprofit public service organizations. (j) “Nonresident vehicle” means a motor vehicle not eligible to be issued a residential parking permit, pursuant to the terms and conditions of this chapter, for the specific area in which it is parked. (k) “One‐day guest parking permit” means a parking permit issued pursuant to this chapter which when displayed upon a motor vehicle, as described hereinas directed by the City, shall exempt the motor vehicle from parking time restrictions established pursuant to this chapter or an ordinance or resolution enacted pursuant to authority granted herein, for the date indicated upon the face of said permit or as authorized by a virtual permit. (l) “Residential parking permit” means a permit issued under this chapter which, when displayed upon a motor vehicle, as described hereinas directed by the City, shall exempt said motor vehicle from parking time restrictions established pursuant to this chapter. (m) “Residence” means a legal residential address and shall exclude business addresses. (n) “Resident” means any person sixteen (16) years of age or older whose legal residential DocuSign Envelope ID: 16F4B487-018A-476C-AB0F-A2B77F845E87 8 237_20211006_ts24 address isin the designated residential permit parking area. (o) “RPPP” means residential parking permit program. (p) “RPPP year” means and includes the days between September 1 and August 31 of the following year. (q) “School” means and includes any state‐licensed preschool, elementary, middle, junior high, or high school with five or more employees. (r) “Virtual permit” allows the holder to park according to the type of permit purchased without displaying a physical permit affixed to or displayed in a vehicle. A virtual permit relies on cross‐referencing a vehicle’s license plate or other vehicle‐specific identifier with the City’s parking permit database to identify any valid parking permits for that vehicle. 10.46.060 Issuance of residential parking permits. (a) Residential parking permits shall be issued by the Administrative Services Department’s Revenue Collections DivisionCity in accordance with requirements set forth in this chapter. Each such permit shall be designed to state or reflect thereon the identification of the particular residential permit parking area (i.e. College Terrace) as well as the license number of the motor vehicle for which it is issued. The City may also issue virtual permits in combination with or instead of physical permits. No more than one residential parking permit shall be issued to each motor vehicle owned or leased for which application is made. (b) Revenue CollectionsThe City shall issue residential parking permits with a term of one year from September 1 to August 31 regardless of when during the year a resident purchases the parking permit, to motor vehicles which comply with the requirements set forth in this chapter. Purchase of permits will be available starting thirty days prior to the beginning of the next RPPP year. A grace period will be recognized from September 1 to September 30 for residents with a permit from the previous year. Vehicles displaying a permit from the previous year will not be cited during the grace period. (c) Residents applying for a permit will be required to provide proof of vehicle ownership and residency. A vehicle registration form as well as one of the following shall be required at the time of registration showing College Terrace residency: • Driver’s license – indicating College Terrace Address • Rental agreement – with name of resident • Current (i.e., not more than sixty days old) utility bill with street address noted (d) One residential parking permit may be issued for each vehicle owned, leased or any person who can demonstrate that they are currently a resident of the area for which the permit is to be issued. (e) A residential parking permit may be issued for any vehicle owned, leased or any person who is employed by or a representative of a neighborhood‐serving establishment located within the particular residential permit parking area. Each employee or representative of a neighborhood‐serving establishment will be allowed to obtain one permit for each vehicle they own or lease subject to the following criteria which shall be used to establish the eligibility of a neighborhood‐serving establishment and the maximum number of permits to be issued: (1) An establishment for which there is no off‐street parking and no financially feasible way of creating adequate off‐street parking on the site of the establishment; (2) In areas where it appears that the number of permits sold per block would exceed the DocuSign Envelope ID: 16F4B487-018A-476C-AB0F-A2B77F845E87 9 237_20211006_ts24 number of legal on‐street parking spaces per block the initial sale would be limited to two or possibly one permit per neighborhood‐serving establishment; (3) Distribution of permits shall be through a designated representative of the establishment who will be responsible for allocation of the permits to employees. (f) Renewal of residential parking permits shall be subject to the same conditions imposed on new permits. (g) The residential parking permit shall consist of a bumper sticker that is to be affixed to the left side of the rear bumper or on the outside of the rear window on the lower left hand corner.be displayed as directed by the City. The City may issue a residential parking permit in any form, including as a virtual permit. (h) Revenue CollectionsThe Director of the Office of Transportation is authorized to issue such rules and regulations, not inconsistent with this chapter, governing the issuance and display of residential parking permits. (i) Any person to whom a residential parking permit has been issued pursuant to this section shall be deemed a parking permit holder. 10.46.070 Guest permits. (a) Revenue CollectionsThe City shall issue guest parking permits in accordance with this section. A guest parking permit shall be of limited duration, but shall otherwise grant to the holder thereof all the rights and privileges of a regular residential parking permit. Guest parking permit shall be of two types: (1) One‐day guest parking permits; and (2) Annual guest parking permits. (b) A one‐day guest parking permit shall clearly display the date upon which it becomes effective, and shall designate the particular residential permit parking area for which it applies (i.e., College Terrace). A one‐day guest parking permit shall, during the date indicated upon the face of said permit, exempt the applicable vehicle from parking time restrictions established pursuant to this chapter. The City may also issue virtual permits in combination with or instead of physical permits. (c) An annual guest parking permit shall, for the period between September 1 and August 31 of the following year exempt the applicable vehicle from parking time restrictions established pursuant to this chapter. (d) Guest passes parking permits shall hang from the rear view mirror and must be clearly displayed in this fashion.be displayed as directed by the City. The City may issue guest parking permits in any form, including as a virtual permit. (e) Revenue Collections The Director of the Office of Transportation is authorized to establish rules and regulations, not inconsistent with this chapter, concerning the issuance and display of guest parking permits to permit holders. (f) An eligible applicant for a guest parking permit shall be any person having obtained a residential parking permit pursuant to criteria set forth in this chapter, but no more than two annual guest parking permits per address shall be issued during a single RPPP year. (g) The total number of one‐day guest permits issued will be limited to twenty permits in a three‐month calendar quarter. (h) The use of guest permits is restricted to visitors to the permit parking area. Holders of DocuSign Envelope ID: 16F4B487-018A-476C-AB0F-A2B77F845E87 10 237_20211006_ts24 residential parking permits are prohibited from displaying guest permits in the permit parking area. 10.46.080 Parking permit fees. (a) The initial purchase of a residential parking permit for a vehicle owned or leased of a resident and registered at a qualifying residence in addition to vehicles owned, leased of an owner or employee of a qualifying neighborhood serving center shall be assessed the corresponding fees set forth in the city Municipal Fee Schedule. (b) Renewal of residential parking permits shall be subject to the fees set forth in the city Municipal Fee Schedule. (c) Replacement of stolen, lost, or damaged residential parking permits shall be subject to the fees set forth in the city Municipal Fee Schedule. (d) Lost or stolen guest permits will be subjected to a higher replacement fee as set forth in the City Municipal Fee Schedule. (e) The fee for each guest parking permit (one‐day and annual) will be as set forth in the city Municipal Fee Schedule. (f) Residential parking permit fees will be pro‐rated for half year increments. Thus permits applied for between September 1 and the last day of February pay full price. Permits applied for between March 1 and August 31 pay half price. (g) One‐day guest permits pay full price. (h) No partial or full refund will be administered for any resident or guest permit. (i) Residents will be required to complete their initial application for the resident permit and guest passes in person at the Revenue Collections office at the City of Palo Alto City Hall located at 250 Hamilton Avenue, Palo Alto, CA 94301. Subsequent renewal of the resident permit and guest passes will also required to be completed in person at the Revenue Collections office. SECTION 8. The following sections of Chapter 10.50 (Residential Preferential Parking Districts) are hereby amended as follows: 10.50.020 Definitions. The following words and phrases shall have the following meanings: (a) "Director" shall mean the director of planning and community environmentthe office of transportation. (b) "Dwelling unit" shall mean a self‐contained house, apartment, stock cooperative unit, or condominium unit occupied by a single household exclusively for residential purposes. These residential purposes may include lawful home occupations. (c) "Employee permit" shall mean a permit issued to an employee working at a business located within an RPP District or as defined in an RPP district specific resolution. (d) "Guest permit" shall mean a permit issued to a resident on an for use by a person visiting a residence in an RPP District or for workers providing services such as caregiving, gardening, repair maintenance and construction, to the resident. The number of guest permits issued to residents shall be specified in administrative regulations adopted by the director. Guest permits shall be valid for no more than one year based on the permit renewal cycle. (e) "Non‐resident vehicle" shall mean a vehicle operated by a person whose destination is DocuSign Envelope ID: 16F4B487-018A-476C-AB0F-A2B77F845E87 11 237_20211006_ts24 not to a residence within the Residential Preferential Parking District. (f) "Resident" shall mean a natural person living in a dwelling unit in an RPP District. (g) "Residential Preferential Parking District" or "RPP District" shall mean a geographical area in which the city council has established a preferential parking permit system pursuant to California Vehicle Code section 22507. (h) "Visitor permit" shall mean a temporary 24‐hour permit issued to a resident for use by a person visiting a residence in an RPP District. 10.50.050 Initiation by neighborhood petition. Residents may request the formation of an RPP District in their neighborhood. The request shall be made, and considered, in the following manner: (a) Form of Application. (1) The director shall establish a standard form for the application for the formation of a new RPP District, as well as a list of submittal requirements for use by interested residents. These requirements shall include a narrative describing the nature and perceived source of non‐ residential parking impact, as well as suggested district boundaries. The director shall also approve a standard form for use in demonstrating resident support for the application. (2) Residents shall initiate a request for establishment of an RPP District by neighborhood petition by completing the official application form. (3) Residents are encouraged to consult with the employers and employees thought to be the source of the parking impact as they develop their proposals. (b) Timing and Review of Applications. Each calendar year, the director of planning and community environment shall review all applications received prior to March 31st of that year to determine whether the RPP District criteria established in this Chapter and the administrative guidelines are met. (c) Prioritization of Applications. Applications determined by the director to meet the criteria in paragraph (b) above shall be presented to the planning and transportation commission. The commission shall review the requests and recommend to the director which proposal or proposals should be given priority for review and possible implementation in the current calendar year. In making its recommendations, the commission shall consider the severity of non‐residential parking impact, the demonstrated level of neighborhood support, and the staff resources needed to process requests. (d) Staff Review of Applications and Community Outreach. Once an application has been selected for council consideration during the current calendar year, staff shall promptly review the application, gather additional information and conduct a community outreach program. At a minimum the review process shall include the following: (1) The city shall complete parking occupancy studies to quantify the nature of the problem identified in the petition. Data shall be collected when schools in the Palo Alto Unified School District and Stanford University are in session, unless these institutions are irrelevant to the problem to be addressed. (2) Upon completion of the consultation and outreach process, the city attorney shall prepare a draft resolution containing the proposed boundaries and hours of enforcement. Staff shall undertake a survey of resident support within the RPP District. The results of this survey shall be included in and reported to the planning and transportation commission and the city DocuSign Envelope ID: 16F4B487-018A-476C-AB0F-A2B77F845E87 12 237_20211006_ts24 council. (e) Planning and Transportation Commission Review. Staff shall bring the proposed RPP District to the planning and transportation commission no later than September of the calendar year in which consideration began. The commission shall review the draft resolution at a noticed public hearing and make a recommendation to the city council regarding the RPP District. This recommendation may include proposed modifications of the boundaries. The commission's recommendation shall be forwarded to the city council no later than September 30th. 10.50.070 Administration of districts. (a) Issuance and Fees. (1) No permit will be issued to any applicant until that applicant has paid all of his or her outstanding parking citations, including all civil penalties and related fees. (2) A residential parking permit may be issued for a motor vehicle if the following requirements are met: (A) The applicant demonstrates that he or she is currently a resident of the area for which the permit is to be issued. (B) The applicant demonstrates that he or she has ownership or continuing custody of the motor vehicle for which the permit is to be issued. (C) Any motor vehicle to be issued a permit must have a vehicle registration indicating registration within the area for which the permit is to be issued. (3) Visitor or guest parking permits may be issued for those vehicles or to those individuals or households that qualify for those permits under the resolution establishing the RPP District. (4) Employee parking permits may be issued to those individuals and for those vehicles that qualify for such permits under the resolution establishing the RPP District. (b) All permits shall be displayed as directed by the City. (bc) No Guarantee of Availability of Parking. A parking permit shall not guarantee or reserve to the permit holder an on‐street parking space within the designated residential preferential parking zone. (cd) Restrictions and Conditions. Each permit issued pursuant to this Section shall be subject to each and every condition and restriction set forth in this Chapter and as provided for in the resolution establishing the specific RPP District, as may be amended from time to time. The issuance of such permit shall not be construed to waive compliance with any other applicable parking law, regulation or ordinance. (de) Exemptions. The following vehicles are exempt from RPP District parking restrictions in this Chapter: (1) A vehicle owned or operated by a public or private utility, when used in the course of business. (2) A vehicle owned or operated by a governmental agency, when used in the course of official government business. (3) A vehicle for which an authorized emergency vehicle permit has been issued by the Commissioner of the California Highway Patrol, when used in the course of business. (4) A vehicle parked or standing while actively delivering materials or freight. (5) A vehicle displaying an authorized exemption permit issued by the City of Palo Alto. DocuSign Envelope ID: 16F4B487-018A-476C-AB0F-A2B77F845E87 13 237_20211006_ts24 (6) A vehicle displaying a State of California or military‐issued disabled person placard or license plates. (7) A vehicle parked for the purpose of attending or participating in an event taking place at a school within the Palo Alto Unified School District or another event venue within the RPP District, provided that the vehicle is parked within two blocks of the venue, the venue has requested and received approval from the city at least fourteen days before the event date, and the venue distributes notices to all addresses within a two‐block radius of the venue. The RPP District resolution shall specify the covered venues and number of permitted events per year. (8) All vehicles are exempt from parking restrictions pursuant to this Chapter on the following holidays: January 1, July 4, Thanksgiving Day, and December 25. (ef) Authority of Staff. (a1) The director is authorized to adopt administrative regulations that are consistent with the purposes of this Chapter. Prior to adoption the director shall conduct a noticed public meeting soliciting input on such guidelines. (b2) The police department or private parking enforcement contractor as approved by the chief of policeCity shall have the authority to enforce the this Chapter and the administrative regulations established pursuant to this Chapter. 10.50.090 Modification or termination of districts. (a) Opting out. After final adoption of an RPP District, Residents may file an application with the director to opt out of the RPP District. The minimum number of blocks and percentage of units supporting the opt‐out shall be specified by the director in the administrative guidelines. Applications for opting out shall be made in the form and manner prescribed by the director and shall be acted up on by the director. (b) Timing and Review of Opt Out Applications. Each calendar year, the director of planning and community environment shall review all opt out applications received prior to March 31st of the year to determine whether the opt out criteria established in the administrative guidelines are met. (c) Dissolution. The city council following a noticed public hearing may adopt a resolution dissolving the RPP District: (1) Upon receipt and verification of a petition signed by 50% or more of all the households within an approved RPP District boundary; or (2) Upon findings by the city council that the criteria for designating the RPP District are no longer satisfied. 10.50.100 Violations and Penalties. (a) No person shall park a vehicle adjacent to any curb in a residential preferential parking zone in violation of any posted or noticed prohibition or restriction, unless the person has a valid and current residential preferential parking permit, visitor permit, guest permit or employee permit for that vehicle, or is otherwise exempt. Use of any permit issued under this Chapter shall be subject to the provisions of this Chapter and the administrative regulations. Violations of this subsection shall be punishable by a civil penalty under Chapter 10.60.010. (b) In RPP Districts with a time limit for non‐permitted vehicles, vehicles not displaying a valid DocuSign Envelope ID: 16F4B487-018A-476C-AB0F-A2B77F845E87 14 237_20211006_ts24 permit may park up to the posted time limit during the period designated by posted signage. After the maximum time limit period, vehicles will be prohibited from re‐parking within the same district. (bc) No person shall sell, rent, or lease, or cause to be sold, rented, or leased for any value or consideration any RPP District parking permit, visitor permit or guest permit. Upon violation of this subsection, all permits issued to for the benefit of the dwelling unit or business establishment for which the sold, rented, or leased permit was authorized shall be void. Violation of this subsection (b) shall be punishable as an infraction. (cd) No person shall buy or otherwise acquire for value or use any RPP District parking permit, guest permit or visitor permit except as provided for in this chapter. Violation of this subsection (c) shall be punishable as an infraction. SECTION 9. Chapter 10.50 (Residential Preferential Parking Districts) is hereby amended to add new section 10.50.110 as follows: 10.50.110 Revocation of permit. In addition to all other remedies, the City may temporarily revoke (for a period of time not to exceed ten working days) a parking permit issued under this Chatper of any person found to be in violation of this chapter by providing written notice of the temporary revocation to the permittee. Such written notice shall include a statement outlining the grounds for revoking the permit as well as the date, time, and place set for a hearing before the Hearing Officer or their representative to determine if the revocation shall be in effect until the expiration of the permit. Written notice of the date, time and place of such hearing shall be served upon the permittee five days prior to the date set for such hearing. At the hearing before the Hearing Officer or their representative, the permittee shall have the right to present evidence and a written or oral argument, or both. No decision shall be invalidated because of the admission into the record and the use of any proof of any fact in dispute of any evidence not admissible under the common law or statutory rules of evidence. Within five working days after close of hearing, the Hearing Officer or their representative shall enter their decision based upon the record presented and notify the permittee in writing of such decision. The decision of the Hearing Officer shall be final. Failure, when so requested, to surrender a parking permit so revoked shall constitute a violation of this section. There will be no refunds for revoked permits. SECTION 10. The following sections of Chapter 10.51 (Crescent Park No Overnight Parking Program) of Title 10 (Parking) are hereby amended as follows: 10.51.020 Definitions. The following words and phrases as used in this chapter shall have the following meanings. (a) "Crescent Park" means the area bound by Edgewood Drive on the northeast, Channing Avenue on the south, Lincoln Avenue on the west, University Avenue on the northwest and including the entirety of Crescent Drive. (b) "Director" shall mean the chief transportation official. DocuSign Envelope ID: 16F4B487-018A-476C-AB0F-A2B77F845E87 15 237_20211006_ts24 (c) "Dwelling unit" shall mean any self‐contained house, apartment, stock cooperative, or condominium occupied solely for residential purposes. (d) "Restricted parking area" shall mean a residential area upon which the council imposes overnight parking limitations pursuant to the authority granted by this chapter. (e) "Resident" shall mean any person who lives in a dwelling unit located in a residential restricted parking area. (f) "Overnight residential parking permit" shall mean a permit issued under this chapter which, when displayed upon a motor vehicle, as described hereinas directed by the City, shall exempt said motor vehicle from parking time restrictions established pursuant to this chapter. (g) "Guest" shall mean a person visiting residents living in a residential preferential parking zone. (h) "Guest parking permit" shall mean a parking permit issued pursuant to this chapter or an ordinance or resolution enacted pursuant to authority granted herein, which when displayed upon a motor vehicle, as described hereinas directed by the City, shall exempt the motor vehicle from parking time restrictions established pursuant to this chapter. 10.51.040 Inclusion of approved parking areas. (a) Eligibility for inclusion. Residents of any street or street segment tentatively approved for inclusion may petition the director for inclusion into the Crescent Park no overnight parking area. If the petition meets the criteria established in Section 10.51.040(b) and the administrative regulations adopted by the director, parking restrictions will be implemented on that block. (b) City staff shall consider for designation any proposed street or street segment in Crescent Park which satisfies the following enumerated requirements: (1) Residents submit a petition, prepared for residents by city staff and signed by at least one member of fifty percent of the parcels on the street. (2) Upon receipt of a completed petition, city staff shall issue a postal survey to verify participation and interest of all residents in the proposed restricted parking area. (3) At least seventy percent of responses to the survey received by city staff shall be in support of participation in the restricted overnight parking program. (c) Following validation of majority support, city staff shall implement signs within the newly designated restricted parking area and notify residents of eligibility to purchase parking permits at city hall. 10.51.060 Administration of restricted parking area. (a) Issuance and fees. (1) No permit will be issued to any applicant until that applicant has paid all of his or her outstanding parking citations, including all civil penalties and related fees. (2) An overnight residential parking permit may be issued for a dwelling if the following requirements are met: (A) The applicant demonstrates that he or she is currently a resident of the restricted parking area for which the permit is to be issued. (B) The applicant demonstrates that he or she has ownership or continuing custody of the motor vehicle for which the permit is to be issued. DocuSign Envelope ID: 16F4B487-018A-476C-AB0F-A2B77F845E87 16 237_20211006_ts24 (C) Any dwelling to be issued a permit must have a vehicle registration indicating registration within the area for which the permit is to be issued. (3) Visitor or guest parking permits may be issued for those individuals or dwellings that qualify for those permits under the resolution establishing the restricted parking area. (b) No guarantee of availability of parking. An overnight residential parking permit shall not guarantee or reserve to the permit holder an on‐street parking space within the designated residential preferential parking zone. (c) Restrictions and conditions. Each permit issued pursuant to this section shall be subject to each and every condition and restriction set forth in this chapter and as provided for in the resolution establishing the specific restricted parking area, as may be amended from time to time. The issuance of such permit shall not be construed to waive compliance with any other applicable parking law, regulation or ordinance. (d) Exemptions. The following vehicles are exempt from the Crescent Park overnight parking restrictions in this chapter: (1) A vehicle owned or operated by a public or private utility, when used in the course of business. (2) A vehicle owned or operated by a governmental agency, when used in the course of official government business. (3) A vehicle for which an authorized emergency vehicle permit has been issued by the commissioner of the California Highway Patrol, when used in the course of business. (4) A vehicle parked or standing while actively delivering materials or freight. (5) A vehicle displaying an authorized exemption permit issued by the City of Palo Alto. (6) A vehicle displaying a State of California or military‐issued disabled person placard or license plates. (7) A vehicle parked for the purpose of attending or participating in an event taking place at a school within the Palo Alto unified school district or another event venue within the restricted parking area, provided that the vehicle is parked within two blocks of the venue, the venue has requested and received approval from the city at least fourteen days before the event date, and the venue distributes notices to all addresses within a two‐block radius of the venue. The restricted parking area resolution shall specify the covered venues and number of permitted events per year. (8) All vehicles are exempt from parking restrictions pursuant to this chapter on the following holidays: January 1, July 4, Thanksgiving Day, and December 25. (e) Authority of staff. (1) The director is authorized to adopt administrative regulations that are consistent with the purposes of this chapter. (2) The director has the discretion to grant the issuance of any additional permits to a dwelling for which the maximum residential parking permits has previously been issued. Any permit approved by the director that is in addition to the two overnight residential parking permits issued pursuant to this chapter may be subject to additional fees and limitations as designated by the director. (3) The police department or private parking enforcement contractor as approved by the chief of policeCity shall have the authority to enforce this Chapter and the administrative regulations established pursuant to this chapter. DocuSign Envelope ID: 16F4B487-018A-476C-AB0F-A2B77F845E87 17 237_20211006_ts24 SECTION 11. Section 10.60.070 (Permit parking in city lots) of Chapter 10.60 (Parking violations) is hereby amended as follows: 10.60.070 Permit parking in city lots. (a) The city manager or designee is authorized to set aside any portion or all of any city‐ owned parking lot for permit parking and to issue permits therefor as provided in this section. (b) The city manager or designee may issue parking permits upon application therefor and upon the payment of a fee in an amount to be determined by the city manager or municipal fee schedule. Such permit shall designate the parking lot for which it is issued and shall be affixed at or near the left side of the rear window or left side of the rear bumper in such a manner that it can be readily identified from the rear of the vehicle for which it is issueddisplayed as directed by the City. Such permit may contain such instructions as to its use as may be deemed appropriate by the city manager. The city manager or designee may issue virtual parking permits instead of, or in combination with, physical parking permits. (c) The city manager or designee shall install signs in the permit parking areas indicating that they are reserved for permit parking only, and the holder of such a permit properly displayed may park in any such space on the lot, but only in such space. (d) A vehicle with a permit shall not park for more than seventy‐two consecutive hours in the same city‐owned public parking facility. This subsection shall not apply to official city vehicles. (e) No person who owns or has possession, custody or control of a vehicle shall park that vehicle or allow it to be parked in any permit parking space in a permit area where sign indicating that such space is reserved for permit parking only without displaying a valid permit therefor. This prohibition shall not only apply to the use of such spaces during the period from five p.m. to eight a.m. or on Saturdays, Sundays and holidaysas indicated on the posted signage. SECTION 12. 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 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, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 13. The Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301 (Existing Facilities). // // // DocuSign Envelope ID: 16F4B487-018A-476C-AB0F-A2B77F845E87 18 237_20211006_ts24 SECTION 14. This Ordinance shall be effective on the thirty‐first date after the date of its adoption. INTRODUCED: October 4, 2021 PASSED: November 1, 2021 AYES: BURT, CORMACK, DUBOIS, FILSETH, KOU, STONE, TANAKA NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Deputy City Attorney City Manager ____________________________ Chief Transportation Official ____________________________ Director of Administrative Services DocuSign Envelope ID: 16F4B487-018A-476C-AB0F-A2B77F845E87 Certificate Of Completion Envelope Id: 16F4B487018A476CAB0FA2B77F845E87 Status: Completed Subject: Please DocuSign: ORD 5531 Ordinance Amending Title 10 (Parking) to Allow Virtual Parking Permit... Source Envelope: Document Pages: 18 Signatures: 6 Envelope Originator: Certificate Pages: 2 Initials: 0 Danielle Kang AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 Danielle.Kang@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 11/2/2021 7:25:43 PM Holder: Danielle Kang Danielle.Kang@cityofpaloalto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign Signer Events Signature Timestamp Tim Shimizu Tim.Shimizu@CityofPaloAlto.org Deputy City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 67.169.5.157 Sent: 11/2/2021 7:29:59 PM Viewed: 11/3/2021 9:23:31 AM Signed: 11/3/2021 9:27:12 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kiely Nose Kiely.Nose@CityofPaloAlto.org Director, Administrative Services/CFO City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 174.194.138.146 Sent: 11/3/2021 9:27:13 AM Viewed: 11/8/2021 9:05:53 AM Signed: 11/8/2021 9:06:18 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Philip Kamhi Philip.Kamhi@CityofPaloAlto.org Chief Transportation Official City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 67.170.225.193 Sent: 11/8/2021 9:06:20 AM Viewed: 11/8/2021 9:20:19 AM Signed: 11/8/2021 9:21:55 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ed Shikada Ed.Shikada@CityofPaloAlto.org Ed Shikada, City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 11/8/2021 9:21:57 AM Viewed: 11/8/2021 1:15:29 PM Signed: 11/8/2021 1:15:40 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Tom DuBois tomforcouncil@gmail.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 11/8/2021 1:15:42 PM Viewed: 11/8/2021 11:29:04 PM Signed: 11/8/2021 11:29:21 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Lesley Milton Lesley.Milton@CityofPaloAlto.org City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 11/8/2021 11:29:23 PM Viewed: 11/8/2021 11:30:18 PM Signed: 11/8/2021 11:30:37 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/2/2021 7:29:59 PM Certified Delivered Security Checked 11/8/2021 11:30:18 PM Signing Complete Security Checked 11/8/2021 11:30:37 PM Completed Security Checked 11/8/2021 11:30:37 PM Payment Events Status Timestamps