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To protect residential areas from polluted air, excessive noise, and refuse related to use of motor vehicles by persons not residing in such residential areas, to protect residents of such areas from unreasonable burdens in gaining access to and from their residences, to preserve the residential character of these areas, and to enable timely emergency services, the City may designate and from time to time amend residential permit parking districts in accordance with this section.

A. Procedure.

1. A request to designate a residential permit parking district or amend an existing residential permit parking district shall be processed as a major issue.

2. If a request is received, the City shall initiate the required studies in subsection C of this section to determine if the proposed area meets the standards.

B. Fees.

1. For each residential permit parking district established under this section, the traffic commission shall recommend a parking permit fee based on the cost to implement and administer the district.

2. The final written order shall include the fee.

3. The fee shall not exceed the City’s costs to administer and enforce the permit program.

C. Standards. In addition to the standards of BC 6.02.060 A, designation of a residential permit parking district or amendment to an existing district shall require the following findings:

1. The boundary of the proposed residential permit parking district or amendment to an existing district includes one or more public streets and all properties abutting the street(s) to be shown by a text description and a drawing.

2. At least 75% of the available parking spaces on the public streets within the proposed district boundaries are occupied at least four days per week for at least 16 weeks in any 52 week period. If parking spaces are not marked, the City shall determine the number of available parking spaces.

3. Designation of a residential permit parking district or an amended designation will not diminish traffic safety, substantially increase vehicle miles traveled, or cause occupancy of available parking spaces in any adjacent residential area to rise to the levels stated above in item 2 of this subsection.

4. A survey conducted by the City shows that persons representing the owners of at least two thirds of all residential properties within the district have responded in favor of the proposal. The survey shall include both a textual and graphic description of the proposed district boundary, and shall be mailed to the owner of record for each property. Only one response shall be accepted for each residential property within the proposed district. The survey area for an amended designation shall be limited to only those properties within the proposed amended area.

a. The survey form shall solicit responses in favor or in opposition to the proposal.

i. The response form shall also include the option to abstain from supporting or opposing the proposal.

ii. When the respondent chooses to abstain, that property shall be deducted from the total number of properties prior to calculating the two thirds majority.

iii. (Responses that do not show if the respondent favors or opposes the proposed district shall not be counted in determining the required majority.

iv. A response must be received no later than 30 days from the date of mailing to be counted.

b. Failure of any person to receive a response form shall not invalidate survey results.

D. Obtaining a Residential Parking Permit. A person wishing to obtain a vehicle parking permit authorized by this subsection shall abide by the applicable provisions of BC 6.02.390. [BC 6.02.080, added by Ordinance No. 4205 § 3]