10.12.075 Parking restriction—Commercial vehicles and trailers.
A. Residential Districts. No person shall park any commercial vehicle of more than ten thousand (10,000) pounds of unladen gross weight, any trailer, semi-trailer, trailer coach, utility trailer or auxiliary dolly (as these vehicles are defined in the California Vehicle Code) for more than one (1) hour on any city street or portion thereof, within any residential district, planned residential development distract, public/quasipublic district or parks/open space district within the city, if that street has a sign prohibiting such parking.
B. Commercial/Office/Industrial Districts. No person shall park any commercial vehicle of more than ten thousand (10,000) pounds of unladen gross weight, any trailer, semi-trailer, trailer coach, utility trailer or auxiliary dolly (as these vehicles are defined in the California Vehicle Code) for more than one (1) hour on any city street or portion thereof, between the hours of seven a.m. and seven p.m., Monday through Friday, within any residential district, planned residential development district, public/ quasi-public district or parks/open space district within the city, if that street has a sign prohibiting such parking.
C. Streets in Dual Districts. In circumstances where one side of a particular street is in a residential district, and the other side of the same street is in a commercial district, the following restrictions shall apply:
1. No person shall park any vehicles as described in subsections A and B of this section, on either side of the street in a dual district, for more than one (1) hour, between the hours of seven a.m. and seven p.m.
D. Loading and Unloading. Commercial vehicles, trailers, semi-trailers, trailer coaches, utility trailers or auxiliary dollies (as these vehicles are defined in the California Vehicle Code) which, in the ordinary course of business, are in the process of loading, unloading or are performing a service to an adjacent property, shall park upon the city street or portion thereof no longer than one (1) hour, or the time necessary to complete the loading, unloading or performance of the service.
The time necessary to complete loading, unloading or the performance of a service shall only include continuous, uninterrupted loading, unloading or performance of a service in the ordinary course of business. Parking of a commercial vehicle in anticipation of future loading, unloading or performance of a service, or temporary storage of a commercial vehicle on a city street or portion thereof, shall not be permitted except pursuant to subsection E of this section.
E. Request for Exemption.
1. The owner of a commercial vehicle of more than ten thousand (10,000) pounds may apply for a permit to exceed the parking time limits and restrictions specified herein. The owner shall complete a parking permit application provided by the city clerk, and shall pay the appropriate permit fee. The permit fee shall be set in accordance with procedures established by the city for rates, charges and fees. The exemption permit shall be for a term of one (1) year, and shall be renewable.
2. Upon the submission of the completed application and fee, the permit application shall be reviewed by either the code enforcer or a member of the public works department, who shall consider the following, nonexclusive criteria:
a. Site distances from intersections or driveways that might be affected;
b. Traffic patterns and flows at the location;
c. Proximity to any residential district;
d. Nature of the operation or business of which the vehicles are a part;
e. The location of the primary place of business or residence of the applicant in relation to the location for which exception is sought;
f. Any other factor reasonably related to commercial vehicle street parking which may affect the public health, safety or welfare.
3. After review, the designated city official inspecting the location shall determine whether or not to issue the exception permit and, if granted, to impose any appropriate restrictions or conditions upon the permit. The official shall notify, in writing, the applicant, all owners of property abutting the street for which the exception permit is sought, and the local homeowners' association, of his/her decision. An exception permit shall not become final until thirty (30) days after the date this notice was deposited in the mail.
4. Appeal. The applicant and/or any other affected party may, within thirty (30) days of the date the notice was deposited in the mail, appeal the grant or denial of an exception permit to the city council by presenting to the designated city official a written notice of appeal clearly stating the grounds for the appeal. The council shall hear the appeal at a noticed public hearing and its decision shall be final. The exception permit shall be stayed until the appeal is heard and decided by the city council.
5. Revocation. An exception permit can be revoked by the code enforcer or a member of the public works department for the following nonexclusive reasons:
a. Violation of any condition placed upon the exception permit;
b. A change in any of the circumstances listed in subsection (E)(2) of this section;
c. Any facts demonstrating that the vehicle parking permitted under the exception permit is detrimental to the public health, safety and welfare.
A permittee may, within thirty (30) days of the date revocation notice was deposited in the mail, appeal the revocation by presenting to the code enforcer or member of the public works department, a written notice of appeal clearly stating the grounds for the appeal. The appeal shall be heard and decided in the same manner as specified in subsection (E)(4) of this section. (Ord. 06-04 § 2 (part), 2006)