11.44.110 TEMPORARY PERMITS FOR EXCLUSIVE USE OF METERED PARKING SPACES.

(a) Authority. The City Manager or designee is authorized to issue permits which specify particular metered parking spaces for the temporary exclusive use of persons occupying property adjacent to the specified metered parking spaces. A separate permit is required for each space.

(b) Required Application Form Information. The application shall be made on a form provided by the City Manager or designee and shall include the following information:

(1) Name and address of applicant;

(2) Name and address of person occupying the premises adjacent to the parking space concerned;

(3) The number of the parking meter located at the parking space for which restricted parking is requested;

(4) A statement of the reasons for the need for such parking restriction;

(5) The estimated hours of the day during which such restriction may be necessary;

(6) Such other relevant information as the City Manager or designee may require; and

(7) Payment of application fee set forth in the Fee Schedule.

(1) There is a need to limit the parking in certain parking areas within the parking meter zone to parking for the purpose of construction, demolition, remodeling, repainting or refurbishing and maintenance of structures or grounds adjoining the meters;

(2) There is sufficient parking within the area around the spaces requested for exclusive use; and

(3) The neighbors or adjacent business will not be negatively impacted by the temporary exclusive use.

(d) Appeal of Temporary Permit Issuance. Any interested person may appeal the issuance of a temporary permit for exclusive use of meter parking spaces.

The appeal must be filed within 10 days after the City Manager or designee's decision. If appeal is not filed within 10 days, applicant shall be barred for a period of six months from making further application with reference to the same matter. In taking such appeal, the appellant shall file an appeal in writing within such period of 10 days with the Sustainability and Infrastructure Commission secretary, who shall set the hearing for the next regular meeting of the Commission. At the appeal hearing, the Commission shall hear all evidence offered by applicant and the City Manager or designee, and may hear other evidence with reference thereto, and may continue such hearing from time to time. At the conclusion of such hearing, the Commission shall make its findings thereon, and if it has found that the action of the City Manager or designee in denying, approving or conditioning the permit was discriminatory against applicant, or if it finds that the granting of such permit with or without conditions, or otherwise will not be injurious to the public health, safety, or welfare, it shall overturn the action of the City Manager and issue the permit. Otherwise, it shall affirm the action of the City Manager or designee and deny the appeal. The decision of the Sustainability and Infrastructure Commission at such hearing shall be final, and conclusive, and applicant shall be barred for a period of six months after such decision from making further application with reference to the same matter.

(e) Signs and Notification.

(1) The City Manager or designee will issue and affix the temporary permit to the proper meter post throughout the permit period and shall remove it upon permit expiration or revocation.

(2) The City Manager or designee shall forward to the Police Department copies of each permit granted.

(f) Permit Fees. Prior to permit issuance, the person issued a temporary permit for exclusive use of meter parking spaces shall pay a fee in the amount set by resolution of the City Council.

(g) Not a Waiver. A permit allowing temporary exclusive use of metered parking spaces as set forth in this chapter shall not waive the necessity of obtaining any and all other encroachment and/or building permits, or any other permit or license specified as required under other provisions of this code.

(h) Parking Within Permitted Space. It is unlawful for any person to cause, allow, permit or suffer any vehicle operated or controlled by him or her to be parked in any parking space within a parking meter zone while a sign is properly in place on the post for such space indicating that a temporary permit for exclusive use is in effect. Any vehicle found to be improperly occupying any part of a posted parking space shall be cited and may be towed in accordance with Section 11.40.120 of this code.

(i) Revocation. The City Manager or designee may revoke the permit for any of the following reasons:

(1) Failure to pay the required fee;

(2) The City Manager or designee determines that the circumstances no longer require the existence of such permit; or

(3) The permit holder is found to be using the permit for purposes other than for which it was granted.