Ordinance 903 -~~fi.
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ORDINANCE N0. 903
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING
CHAPTER 11.24 (STOPPING. STANDING AND PARKING)
OF THE CUPERTINO MUNICIPAL CODE AND ESTABLISH-
ING A TEI~II'ORARY PARKING ZONE PERMIT PROCEDURE
; THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Chapter 11.24 of the Cupertino Municipal Code is hereby amended ae
follows:
Section 11.24.040 Curb markinRS and e1Ans desiAnated.
Section 11.24.040 is hereby amended by adding a new aubsection "P",
to read as follova:
"F. Temporary Parking Zone. Notwithatanding any other curb markings or
aigns placed pursuant to thia chapter, the Hearing Officer mey designate an
area or areas to be a Temporary Parking Zone, upon compliance vith the pro-
cedurea set forth in Section 11.24.220. Within an area in vhich appropriate
signa or markiags have been placed indicating a Temporary Parking Zone~ the
terma and proviaions noted thereon ahall supersede all other parking ordinances
and regulations inconsistent therevith."
A nev Section 11.24.220 ia added, to read as follows:
"5ection 11 24.220 Temporary Parking Zones; Permit Procedure.
A. There is hereby conferred upon the City Hanager of the City of Cuper-
tino thoae powers and dutiea necessary for the adminiatration of thia Section.
In addition. there ia also conferred upon the City Manager the authorlty to des-
ignate auch officers and employeea of the City, as may be required, Co assiat
him in carrying out the intent and purpoae of this Section. The peraon ao
designated by the City Manager ie referred to herein as the "Hearing Officer".
B. The Hearing Officer may designate any area to be a Temporary Parking
Zone, upon compliaace With the application procedure specified in this Section,
if in his discretion the public benefits of such a designation will outveigh
the particular harm caused to affected persons or properties. The size and
duration of said zone shall be designed in a manner reaeonably limiting any
harmful conaequences.
C. A Temporary Parking Zone ahall be indicated by such appropriate eigns,
sign covers, or markings as the Hearing Officer may apecify. Said aigna ahall
notify the public of the existence of a Temporary Parking Zone, the applicant's
permit number, and of any apecial provisione designated by the Hearing Officer.
The duration of the existence of said zone shall be indicated on the appropriate
signs, and unlesa pursuant to a renewal of the original application, shall not
exceed 20 days.
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D. Within the area deaignated as a Temporary Parking Zone, ehe apecial
provisions indicated on the appropriate signs ahall auperaede all other parking
ordinances and regulationa inconsietent therewith~ during tha time perioda in-
dicated on said signa.
E. Any person residing upon or conducting a businesa upon a parcel of
real property vithia the city limits of the City of Cupertino, may apply to
che Hearing Officer for a permit deaignating a Temporary Parking 2one to exiat
in the area immediately adjacent to said parcel of real property. Said applica-
tion shall be made according to the following procedure:
1. An Applicaat shall submit an application for a Temporary Parking
Zone Permit to the office of the City Manager a minimum of 10 days before the
intended desigaation, containing the following itema:
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a. Applicaac s name and name of buainesa, if appro riate.
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b. Applicant's telephone number.
c. Applicant's address.
d. Area to be deaignated Temporary Parking Zone.
e. Datea and duration of permit. not to exceed 20 days.
f. Special provisions or limitationa, if any.
g. A statement of the purpose and/or apecial event neceseitatiag
the designation of a Temporary Parking 2one.
h. A atatement of the estimated harmful effects auch designation
might have upon persona or properties affected thereby.
i. A check in the amoun[ of S25.00 to cover proceasing and ataff
investigation costs.
A separate check in the amount of $50.00, comprising a deposit
to insure against the loss of or damage to anq signa. sign covers or markinga
designating said zone, from any cauae. The depoait ahall be refunded to applicant
in the amount that it exceeds actual repair or replacement costs for said aigns.
2. Upon receipt of each complete application, the Hearing Officer ahall
assign a number to it, and review its contents and all relevant circumstances.
The inception and termination dates of the zone, ita estent, durat3on, and other
special proviaiona all may be amended to conform to the public interest. As
amended, the application may be marked "permitted" or "not permitted", as appro-
priate. An application marked "permitted" ahall conatitute a Temporary Parking
Zone Permit. All applications shall be retained by the office of [he City Maaager
in an appropriate file.
3. In the event that the date deaignated on the application for incep-
tion of the zone paeses without approval or dieapproval by the Hearing Officer,
the application shall be deemed "not permitted", and the full amount of bo[h
the deposit and the procesaing fee ehall be remitted to the applicant.
4. In the event that the application ia disapproved before the deaired
inception date, the full amount of the deposit ahall be remitted to the applicant.
5. In the event that the application is approved, the Hearing Officer
shall notify the applicant and shall cauae to be installed such appropriate
aigns, sign covers or markings as shall indicate the existence of the Temporary
Parking Zone in accordance vith the tetma of this Section.
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6. The Hearing Officer ahall. vithia 10 days folloving the termina-
tion of the zane. remove all of said signa. Upon receipt of a proper accounting
for thoae damaged or loat~ the Hearing Officer ahsll refund the proper amount
deaczibed in eubsection (1) (5) above.
7. Reneval of a permit may be granted by the Bearing Officer upon
receipt of a renewal request before terminatioa of the soae, and upon a review
of all relevant circumstancea, in a manner consisteat vith the terma of this
section.
8. In the event that an application ia not approved. the applicant
may request a public hearing of the matter at the nest regularly echeduled
meeting of the Cupertino City Council. The Citq Council at auch hearing shall
~ hear all relevant circumstances and detetmine vhether the application ehould
be approved.
F. Thia Section ia intended to be construed broadlq. to effect ita pur-
pose of temporarily superseding other parking ordinances and regulations of the
City of Cupertino. Thia aection is enacted pursuant to the au[hority granted by
California Vehicle Code Sectione 21100 (d). 21101, and 21351. as amended, and
in no event shall be construed so as to contzavene that euthori[y."
INTRODUCED at a regular meeting of the City Council of the City of Cuper-
tino this 6th day of November . 1978, and ENACTED at a regvlar meetiag of
the City Council of the City of Cupertino this 20th day of November , 1978.
by the folloving vote:
6'o[e Members of the City Councll
AYES: Meqera. 0'Reefe, Rogeza, Sparks, Jackson i
NOES: None
ABSENT: None ~
ABSTAIN: None ~
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APPROVED: ~
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Ma ,..C3tp~of Cup r
ATTEST:
City Clerk
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