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RESOLUTION NO. ______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE SETTING FORTH THE MASTER PARKING
RATE SCHEDULE FOR MUNICIPAL ON AND OFF-
STREET PARKING FACILITIES TO ESTABLISH A
COMMERCIAL REAL ESTATE PARKING PROGRAM AND
ADJUST PARKING RATES AND PROGRAMS, AND TO
REPEAL RESOLUTION NO. 80001
WHEREAS, the City of San José ("City") operates and maintains on and off-street parking facilities; and
WHEREAS, on May 18, 2021, the City Council adopted Resolution No. 80001, repealing Resolution No. 79618 and amending the Master Parking Rate Schedule for Municipal On and Off-Street Parking Facilities; and
WHEREAS, the City desires to further amend the Master Parking Rate Schedule to establish a Commercial Real Estate Parking Program and update various parking rates and programs at City owned or operated locations; and
WHEREAS, this new Master Parking Rate Schedule repeals Resolution No. 80001, subject to the provision of Section 9 of this Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
SECTION 1. DEFINITIONS
A. Municipal Off-Street Parking Facility(ies) means the following off-street parking facilities owned and/or operated by City:
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1. The Almaden/Woz Lot, consisting of the off-street surface parking facility owned by BP Almaden Associates, LLP, situated in the block bounded by Almaden Boulevard, San Carlos Street, Woz Way and the Guadalupe River.
2. The City Hall Parking Garage, consisting of the off-street parking facility situated in the block bounded by East Santa Clara Street, South Fourth Street, East San Fernando Street and South Sixth Street.
3. The Convention Center Garage, consisting of the off-street parking facility situated in the block bounded by Almaden Boulevard, Viola Avenue, Market Street and San Carlos Street.
4. The Environmental Innovation Center Lot, consisting of the off-street surface parking facilities located at 1608 Las Plumas Avenue and bounded by Las Plumas Avenue and Nipper Avenue.
5. The Fourth Street Garage, consisting of the off-street parking facility at the corner of East San Fernando Street and Fourth Street, which also contains retail space at street level and a Banquet Center on the top level.
6. The Fourth/St. John Garage (The Employee Garage), consisting of the off- street parking facility situated in the block bounded by East Santa Clara Street, North Fourth Street, St. John Street and North Fifth Street.
7. The I-280/First Street Lot, consisting of the off-street surface parking facility owned by Caltrans, situated in the block bounded by First Street, Second Street, Reed Street and William Street.
8. The Market/San Pedro Square Garage, consisting of the off-street parking facility situated in the block bounded by Santa Clara Street, Market Street, St. John Street and San Pedro Street.
9. The Second/San Carlos Garage, consisting of the off-street parking facility situated in the block bounded by Second Street, San Carlos Street, Third Street and the McAlister State Office Building.
10. The South Hall Lot, consisting of the off-street parking facility situated in the block bounded by Market Street, Balbach Street, South Almaden Avenue and Viola Avenue.
11. The Third/Santa Clara Garage (The Globe), consisting of the off-street parking facility located south of East Santa Clara Street between Second Street and Third Street.
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12. The Third Street Garage, consisting of the off-street parking facility situated in the block bounded by St. John Street, Second Street, Santa Clara Street and Third Street.
13. The Woz/87 Lot, consisting of the off-street surface parking facility owned by Caltrans, situated on the southwest corner of Woz Way and Route 87 (Guadalupe Expressway) off-ramp.
B. The Arena A, B, C, & D Lots consists of the Municipal Off-Street surface parking facilities located adjacent to the HP Pavilion in San José (“Arena”). The parking rates set forth in this Resolution shall apply only when the City has the right to utilize these facilities pursuant to the Arena Management Agreement, which are days when there are no Arena events scheduled. The Arena Management Agreement expires June 30, 2025 and has one (1) fifteen-year option to extend.
The City’s authority to set and charge parking rates at these facilities shall be subject to the terms and conditions of any such parking agreement.
C. Vehicle Sharing Program is a City program that, among other things, authorizes Vehicle Sharing Organizations to reserve public parking spaces, as approved by the Director, to provide car sharing services, as further set forth in Section 6 of this Resolution.
D. Vehicle Sharing Organization is an organization that provides members with access to shared-use vehicles at geographically distributed locations with hourly, daily, and/or weekly rates (or fractions thereof) that include insurance, and maintenance.
E. Vehicle Sharing Designated Parking Permit is the revocable permit issued by the Director authorizing a Vehicle Sharing Organization to park its vehicles in designated and reserved car sharing On-Street and Off-Street spaces. Individual permits are issued by the City by vehicle sharing space. Permit(s) must be displayed as directed by the Director.
F. Shared Vehicle means a two axle motor vehicle holding no more than seven (7) passengers or a motor-driven two- or three-wheeled vehicle with or without pedals, a maximum speed of less than 30 mph on level ground, and a capacity of no more than two (2) passengers that is operated by a Vehicle Sharing Organization as part of a regional fleet. Shared Vehicle shall not include any recreational vehicles, commercial trucks, buses, limousines or other vehicles designed to accommodate more than seven (7) persons, or vehicles having more than two (2) axles, or trailers.
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G. Class "A" Buildings are those buildings in the Downtown that provide on-site parking and meet their own parking needs based on the current parking requirements set forth in Title 20 of the San José Municipal Code.
H. Class "B" Buildings are those buildings in the Downtown that do not have their own dedicated on-site or off-site parking to meet their parking needs based on the current parking requirements set forth in Title 20 of the San José Municipal Code.
I. Class "C" Buildings are those historic buildings in the Downtown which have been renovated and do not have their own dedicated on-site or off-site parking to meet their parking needs based on the current parking requirements set forth in Title 20 of the San José Municipal Code.
J. Clean-Air Vehicle means either one of the following types of vehicles: (1) Zero Emission Electric; (2) Plug in Hybrid; (3) other leading technology vehicles that are eligible to receive a Green or White State of California Carpool lane sticker for a single occupancy vehicle; or (4) any vehicle to which the City of San José has issued a tag identifying it as a Neighborhood Electric Vehicle ("NEV"). Effective July 1, 2011, hybrid vehicles will no longer qualify as a Clean Air Vehicle, unless it meets one of the criteria set forth above.
K. Clean-Air Vehicle Program means the parking program which offers free parking at designated Municipal Off-Street Parking Facilities and On-Street Parking Meters throughout the City for Zero Emission Electric, Plug in Hybrid, and other leading technology vehicles as identified by the California Air Resources Board as eligible for the Green or White State of California Carpool lane sticker, Neighborhood Electric Vehicles (NEV) registered in or purchased from a licensed auto dealership in the City of San José; and established and operated as follows:
The Clean-Air Vehicle Program commenced in April 2001 and shall expire on June 30, 2022.
L. Commercial Real Estate means property that is used exclusively for business related purposes or to provide a workspace rather than a living/hotel space.
M. Commercial Real Estate Parking Program means the parking program which offers Commercial Real Estate owners or developers a parking agreement when meeting specific eligibility requirements, terms, and rates as set forth below.
N. Director means the Director or designee, of the Department of Transportation, or the subsequent Director of the Department responsible for the City’s Parking Program.
O. Downtown and Downtown Core refer to the areas highlighted on Exhibit I.
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P. Downtown Employee Discounted Permit Parking Program means the discounted monthly permit program providing a 50% discount off the regular monthly rate for employees working at businesses located within the City’s Meter Districts and earning a wage no greater than 30% over the City’s current minimum wage.
Q. Electric Vehicle (EV) Charging Station(s) means a municipal On-Street or Off- Street Parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in a plug-in electric vehicle.
R. Free Parking Period means the initial incremental period of parking at eligible off- street garages which is free of charge, and after which the daily incremental and maximum rates apply.
Effective July 1, 2020, the Free Parking Period shall be set at 90 minutes.
Director has the authority to set the Free Parking Period between 60-90 minutes and shall consider the fiscal status of the General Purpose Parking Fund and the economic need for the incentive program in the Downtown when considering an adjustment to the Free Parking Period.
An advisory review by the Downtown Parking Board is required before any adjustment of the Free Parking Period. The Director’s decision shall be final.
The Director shall prepare an informational memo to the City Council before implementation of any adjustments.
Free Parking Period is not applicable at facilities when a Special Event and/or a Flat Rate is in effect
S. Major Holidays include New Year’s Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
T. Neighborhood Electric Vehicle (NEV) means an electric, zero emission vehicle that is allowed on roads with posted speed limits of 35 MPH or less.
U. Off-Street Parking means public parking in facilities, not on the public right-of-way, which are owned, leased, or otherwise controlled by the City of San José and/or the Redevelopment Agency.
V. On-Street Parking means designated metered parking in the public right-of-way within parking meter districts established by the City Council.
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W. Parking Administrator means the City staff person responsible for supervising and administering the City’s parking program.
X. Pavilion Garage refers to a privately owned and operated parking facility that is required through an agreement with the Redevelopment Agency or SARA to participate in any public parking program in effect by the City of San José, including the Downtown Cinema Validation Program.
Y. Reservation Service Fee means the cost recovery fee of up to $1.00 added to each reservation transaction.
Z. Special Event means a group activity including, but not limited to, a performance, meeting, assembly, contest, exhibit, ceremony, parade, festival or athletic competition.
AA. Under-Utilized Municipal Off-Street Parking Facility means a Municipal off-street facility with excess monthly parking capacity when the Director determines that fifty percent (50%) or more of the parking spaces allocated for monthly parking are vacant according to City guidelines, and are reasonably expected by the Director to remain vacant for six (6) months. Once a facility no longer meets the criteria for being under-utilized, it shall automatically cease to be an Under-Utilized Municipal Off-Street Parking Facility.
SECTION 2. RATES
A. Off-Street Parking. The rates for off-street parking at the Facilities described above in Section 1 are set forth in Exhibit II, attached hereto, and incorporated and made a part hereof as if fully set forth at length in this Resolution.
1. The Director shall have the authority to adjust the maximum daily and monthly rates within the specified ranges shown on Exhibit II, unless explicitly stated otherwise. An advisory review by the Downtown Parking Board is required before any adjustment of these rates. The Director’s decision shall be final. The Director shall prepare an informational memo to the City Council before implementation of rate adjustments.
a. The maximum daily and monthly parking rates may be adjusted downward to the lowest level in the rate range at a facility where occupancy during the weekday peak is less than seventy percent (70%) for an approximate three (3) month period.
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occupancy during the weekday peak hours is greater than ninety percent (85%) for an approximate three (3) month period.
c. The maximum daily and monthly parking rates may be set at mid- point of the rate range at a facility where occupancy during the weekday peak hours is between seventy percent (70%) and ninety percent (85%) for an approximate three (3) month period.
d. The maximum daily rate, the daily flat rate or evening flat rate may be set at zero during the hours and on the days where the City determines that the operating costs for a particular facility are more than the potential revenue.
2. The Premium Monthly Rate shall be computed by multiplying 1.5 times the Monthly Rate, and the Reserved Monthly Rate shall be computed by multiplying 2.0 times the Monthly Rate at each Specific Garage.
3. Under the Clean-Air Vehicle Program, Clean-Air Vehicles shall be entitled to free parking at designated Municipal Off-Street Parking Facilities as shown in Exhibit II. Each Clean-Air Vehicle must display a Clean-Air Vehicle permit provided by the Director signifying that it is a Clean Air Vehicle. All Clean-Air Vehicles parking at Municipal Off-street Parking Facilities shall adhere to the posted parking rules and regulations. The Clean-Air Vehicle Program shall terminate effective July 1, 2022.
4. The Director is authorized to charge the following discounted monthly and semester parking rates to San José State University (“SJSU”) students.
SJSU students shall be eligible for these reduced parking rates only upon providing proof, sufficient to the Director, that they are currently enrolled in six (6) or more units at SJSU.
a. Fifty percent (50%) of the Regular Monthly Parking Rate at any facility that the Director determines is an Under-Utilized Municipal Parking Facility according to the definition in Section 1. These discounted rates are offered on a month-to-month basis only and are based on occupancy. The Director is authorized to suspend the program for any facility that is no longer an Under-Utilized Municipal Parking Facility or if the Director determines the program should be suspended because of parking occupancy, office occupancy, and other related financial or parking indicators.
b. Semester Permit Parking rate at the Second/San Carlos Garage or Fourth Street Garage. The discounted semester permit parking rate would be offered in the $150 to $300 range as determined by the NVF:AXY:KML
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Director prior to the beginning of each semester. The Director is authorized to suspend the program system wide or by facility if occupancy reaches 80% (system wide or by facility) or if the Director determines the program should be suspended because of parking occupancy, office occupancy, and other related financial or parking indicators.
5. The Director is authorized to charge fifty percent (50%) of the Regular Monthly Parking Rate to Downtown employees desiring to purchase monthly parking permits at any facility that the Director determines is an Under-Utilized Municipal Parking Facility according to the definition in Section 1. Employees shall be eligible for this reduced parking rate only upon providing proof, sufficient to the Director, that their business or place of employment meets the criteria for the Downtown Employee Discount Parking Permit Program. These discounted rates are offered on a month- to-month basis only and are based on occupancy availability. After acceptance of employee’s permit application there will be ongoing required bi-annual renewal verifications (June & December). These rates are terminable with thirty (30) days’ notice by the Director.
6. The Director shall publish a schedule of discounted rates for the programs in Sections 2.A.4 and 2.A.5 for those facilities meeting the definition of Under-Utilized Municipal Parking Facility. The schedule shall state the program under which the discount is being offered, the amount of spaces available at the discounted rate, the location of the parking spaces and the period of time the rate is valid; and that the discount will not be applicable to any facility that no longer qualifies as an Under-Utilized Municipal Parking Facility according to the definition in Section 1.
7. The Director shall have the authority to add and/or remove parking facilities from the Master Parking Rate Schedule shown on Exhibit II as facilities are added or removed from the City’s parking inventory. The rates charged at new parking facilities shall be similar to the prevailing rate for other City- owned parking facilities
8. The Director shall have the authority to adjust the Special Event Rate within the ranges shown on Exhibit II at the designated off-street parking facilities on a daily basis according to anticipated special event attendance, date of event, proximity of facility to event, and the area’s general parking supply and demands.
9. The Director or Team San José, as applicable and in accordance with the written agreement between the City and Team San José executed on June 17, 2014, may set, reduce or increase the parking rates at the Convention NVF:AXY:KML
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Center Garage, including the Special Event Rate, Event In-Out Day Pass, Reserved Daily Parking Rate, and the Incremental Maximum Daily Rate within the specified ranges as shown on Exhibit II for events if it is determined that a reduction or increase is necessary to:
a. optimize use of spaces in the Convention Center Garage; and/or
b. attract events that contribute to the economic vitality of San José.
When the Director or Team San José, as applicable, considers a reduction of the Special Event Rate, Reserved Daily Rate, and the Incremental Maximum Daily Rates from the normal rate, the Director or Team San José shall assess the event’s economic benefit, the projected number of parking spaces needed, and the demand for parking spaces at the Convention Center Garage.
10. Commercial Real Estate Parking Permit Program – Director shall accept applications from owners or developers of Commercial Real Estate property in the Downtown to participate in the Commercial Real Estate Parking Permit Program. Applications will be evaluated against the program qualifications as detailed in Exhibit IV.
B. On-Street Parking. The rates for on-street parking as defined in Section 1 are shown on Exhibit III, attached hereto and incorporated and made a part hereof as if fully set forth at length in this Resolution. Within the range of charges authorized for each Parking Meter Zone, the Director of Transportation is authorized to determine the rate to be charged at any particular meter at any particular time.
Factors the director will consider in setting meter rates will include on-street occupancy levels, posted time restrictions, and proximity of off-street parking facilities and associated off-street parking rates.
Under the Clean-Air Vehicle Program, Clean-Air Vehicles registered or purchased in San José from a licensed auto dealership shall be entitled to free parking at all On-Street Parking Meters throughout the City. Each Clean-Air Vehicle must display a Clean-Air Vehicle permit provided by the Director signifying that it is a Clean-Air Vehicle. All Clean-Air Vehicles parking at On-Street Parking Meters shall adhere to the posted time restrictions.
The Director is authorized to set the on-street parking rates at zero dollars or at rates specified in this resolution during the proclamation of an emergency. This authorization shall end when the City Council terminates the emergency.
C. EV Charging Stations. The City Manager is hereby authorized to set and adjust rates for the use of EV Charging Stations as defined in Section 1 within the range NVF:AXY:KML
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of zero dollars ($0.00) up to five dollars ($5.00) per KwH. The City Manager shall consider the following factors in setting the rates: the City’s cost in providing, operating, and maintaining the EV Charging Stations, the number of monthly users and level of use of the EV Charging Stations, and the rate charged by other municipalities and third-party operators of EV Charging Stations.
SECTION 3. OFF-STREET RESIDENTIAL PARKING PROGRAM
A. The “Off-Street Residential Parking Program,” shall be administered by the Director pursuant to the requirements set forth herein.
B. Upon proper application of an owner or tenant of a legal, residential unit that is located Downtown, the Director shall, subject to the requirements set forth herein, sell such person a Residential Parking Permit. The Residential Parking Permit shall authorize the permit holder to access the participating Municipal Off-Street Parking Facilities as follows: (1) between the hours of 5:00 p.m. to 8:00 a.m. weekdays, (2) all day on weekends and official government holidays, and (3) up to twenty (20) weekdays per year from the hours of 8:00 a.m. to 5:00 p.m.
C. The Director is authorized to determine which Municipal Off-Street Parking Facilities will participate in the Off-Street Residential Parking Program. For each Municipal Off-Street Parking Facility, the Director shall make this determination based upon the demand for the Off-Street Residential Parking Program at that Facility, the availability of parking spaces to accommodate the Off-Street Residential Parking Program, and the appropriateness of this type of parking at the Facility.
D. For each Municipal Off-Street Parking Facility participating in the Off-Street Residential Parking Program, the Director shall make available only the number of Residential Parking Permits that can be accommodated at the Facility without impacting other parking uses.
1. The Director shall sell only one (1) Residential Parking Permit for each residential unit. The Director shall sell the Residential Parking Permits on a first-come, first-served basis.
2. Notwithstanding the foregoing, if the Director determines that the number of Residential Parking Permits available at a participating Municipal Off-Street Parking Facility exceeds the number of residential units for which permits are sought, the Director may sell multiple permits to each residential unit.
However, any Residential Parking Permits in excess of one permit shall be subject to immediate termination and revocation by the Director in the event the Director determines such termination and revocation is necessary to accommodate a subsequent increase in demand.
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E. The cost of the Residential Parking Permits for the participating Municipal Off- Street Parking Facilities is set forth in Exhibit II, attached and incorporated herein.
The monthly rate for the Off-Street Residential Parking Permit Program shall be 50% of the Monthly Specific Garage Rate for the Municipal Parking Facility.
F. The Director may terminate or revoke a Residential Parking Permit for any reason upon ninety (90) days’ notice. The Director may terminate or revoke a Residential Parking Permit for cause upon thirty (30) days’ notice. Notwithstanding the foregoing, the Director may terminate or revoke a Residential Parking Permit immediately for failure to pay or for the reason set forth in Section 3.D.2 of this Resolution. Residential Parking Permits shall be subject to renewal at the times specified by the Director, provided that such renewals shall occur within a maximum period of three (3) years after permit issuance.
G. The Director is authorized to promulgate reasonable rules and regulations with regard to the administration of the Off-Street Residential Parking Program.
SECTION 4. VALIDATION PROGRAMS
A. The Director shall administer the following parking validation programs:
1. Downtown Cinema Validation Program. The Downtown Cinema Validation Program provides a maximum of three (3) hours and thirty (30) minutes of free parking to patrons of cinemas in the Downtown Core area, and cannot be combined with any other discounted parking rate or program.
a. Downtown Cinema Validations may be redeemed at participating parking facilities after the starting time of the first scheduled cinema/movie at any Downtown cinema as determined by the Director.
b. Downtown Cinema Validations are limited to redemption at parking facilities determined by the Director to serve the patron needs of the Downtown cinemas. The Director may add parking facilities to this list as they open and serve cinema/movie patron needs. Currently, the following parking facilities have been determined to serve cinema patron needs, based on ease of access and capability to accommodate present usage by patrons of cinemas/movies:
- Fourth Street Garage,
- Market/San Pedro Square Garage,
- Pavilion Garage,
- Second/San Carlos Street Garage,
- Third/Santa Clara Garage (The Globe), and
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- Third Street Garage.
The Director may remove any of the above facilities from the Downtown Cinema Validation Program if they close, are developed into non-parking facilities, or no longer meet cinema/movie patron needs.
c. Downtown Cinema Validations are to be provided to patrons of Downtown cinemas/movies for scheduled showings at no charge.
d. Downtown Cinema Validations shall not be distributed to cinema employees, secondary uses within a cinema (such as café or restaurant patronage, or live theater performances), or sold and/or distributed to any third party.
2. Technology Museum Validation Program. The Technology Museum Validation Program enables patrons of the Technology Museum to park at the incremental rate at the Second/San Carlos Garage and the Convention Center Garage up to a maximum of $5.00 a day. The Director is authorized to suspend acceptance of the Technology Museum Validation at the Convention Center Garage during times when a special event flat rate is being charged to event attendees.
3. Market Rate Validation Program. Any individual or business may purchase validation at the then current market rate for their customers or employees in either time or value increments as requested by the purchasing individual or business.
B. The City, through the Director, may enter into written agreements with any person, corporation, association, organization or entity for the validation of customer or client parking so long as such agreements are pursuant to at least one of the above-mentioned validation programs.
C. The Director is authorized to promulgate reasonable rules and regulations with regard to the administration of each of the validation programs.
SECTION 5. ALTERNATE USE OF PARKING FACILITIES
Pursuant to the “Guidelines for Events Held on City-Owned and City-Operated Parking Facilities, adopted by the City Council on September 4, 2001 (hereinafter, “Guidelines”), events approved by the City via the execution of a Property Use Agreement may be authorized on certain City-owned and/or operated parking facilities. The daily rates for use of the parking facilities made available for events in accordance with the Guidelines are as follows:
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A. For all parking facilities the daily fee will be twice the daily rate per space used.
SECTION 6. VEHICLE SHARING PROGRAM
A. The Director may designate On-Street and Off-Street parking spaces City-wide for the exclusive parking privilege of Vehicle Sharing Organization vehicles. The designation of On-Street parking spaces shall comply with California Vehicle Code Section 22507.1 including the requirement for the placement of signs and markings giving adequate notice of the exclusive parking privilege for the Shared Vehicles.
B. Criteria for Participation: The Shared Vehicle shall be owned and operated by the Vehicle Sharing Organization in a manner that features all of the following characteristics:
1. Member-based service, where such service is available to members only.
Demonstration of membership may include daily, monthly, or annual membership fees, or issuance of membership card to each member, or Vehicle Sharing Organization member account.
2. Shared Vehicles are accessible to members at all times, 24 hours per day, seven days per week, on a self service basis.
3. Shared Vehicles are available by reservation only. Reservations may be made by automated systems, such as by telephone, on the Internet, or on smart phone applications.
4. Vehicle Sharing Organization must provide insurance and vehicle maintenance as part of the company’s standard membership or usage fees.
5. Shared Vehicles must be available for rental or rented at least 75% of the month.
City may require supporting information or documents from applicant to demonstrate that applicant meets the criteria set forth above to City’s satisfaction.
C. As of March 14, 2016, interested and qualified Vehicle Sharing Organizations may apply for an On- or Off-Street Parking Permit, on a form approved by Director, to reserve public parking spaces in the City. The applicant shall specify on the application the number and proposed location of the requested On-Street or Off- Street parking spaces for exclusive parking privilege. The requested locations shall not include any red, green, white, yellow or blue curb zones, or otherwise currently restricted zones. The City will not reopen previously designated spaces for application, unless the current occupant elects to relinquish the space.
Additionally, the following facilities will not be a part of the Vehicle Sharing Program: City Hall, Convention Center, Fourth Street, and Fourth/St. John. The Director shall have the final determination of where Shared Vehicle parking spaces will be located, which spaces, and how many will be allocated to each Vehicle Sharing Organization.
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D. If the Director approves the application, the Director will require each Vehicle Sharing Organization to enter into a written agreement with the City setting forth the terms and conditions of the program, including, but not limited to, (1) authorizing the issuance of a parking permit for each Shared Vehicle parking space approved by the Director for each Vehicle Sharing Organization; (2) requiring applicant to maintain general liability and automobile insurance coverage in amounts approved by City’s Risk Manager for the duration of the agreement; (3) requiring indemnification of the City for any loss or damages arising out of or occurring from applicant’s participation in the car share program, (4) maintenance responsibilities of applicant; (5) rules and regulations on the use of City parking garages and On-Street parking spaces; (6) requiring applicant to provide data to the City, in the Mobility Data Specification (MDS) format, to monitor performance of shared vehicles stationed in permitted parking spaces and to periodically evaluate the public utility of shared vehicle permits; and (7) other terms and conditions deemed relevant by Director for the use of City property. The Director is authorized to negotiate and execute any written agreements or amendments with each Vehicle Sharing Organization for their participation in the program, and execution of the agreement will be required prior to the City’s distribution of parking permits under the program. The Director shall also have the authority to terminate the agreement at the Director’s discretion. If the agreement is terminated during a period that has already been paid for by a Vehicle Sharing Organization, the City will refund an appropriate amount to the Vehicle Sharing Organization.
E. The Vehicle Sharing Organization will be required to pay a parking permit fee, based on the location of the designated parking space, as well as a one-time set- up and sign installation fee as follows:
Parking Permit • $100 per month per Shared Vehicle parking space.
Signs/Markings • $225 per sign installation and parking space markings for each location.
All required payments shall be made to the City prior to the final approval of any application and issuance of parking permits.
F. Each parking space will be allocated for a two-year term. To include any new Vehicle Sharing Organizations in the City and to accommodate new street uses over time, after two years all spaces will be reviewed and reallocated if necessary. The City will not reopen previously designated spaces for application until two years after the commencement of this program, unless the current occupant elects to relinquish the space.
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G. Any signs installed as part of this pilot program shall comply with California Vehicle Code Section 22507.1, City’s Sign Ordinance and applicable City Council policies, including but not limited to Council Policy 9-2, entitled “Off-Site Directional Signs for Public or Quasi-Public Facilities” and subject to the approval of the Director. The Director shall have the authority to remove any signs at the Director’s discretion.
H. Each Shared Vehicle shall prominently display the issued parking permit on the front windshield, or the rear of the vehicle above the license place for vehicles without windshields, at all times while parked in their designated parking space.
The parking permits are non-transferable and shall not be sub-leased, transferred, or assigned in any manner to any other company, organization, entity or individual, and shall only be used for the Car Share Vehicle to which it has been assigned to park in the specific assigned space. Failure to comply with the requirements of this provision may be subject to a parking citation and immediate termination of the written agreement with the City.
I. The Director is authorized to promulgate reasonable rules and regulations with regard to the administration of the Vehicle Sharing Parking Program.
SECTION 7. RULES AND REGULATIONS
The Director is authorized to promulgate reasonable rules and regulations for operation of the parking facilities described in Section 1, including, but not limited to, collection procedures.
SECTION 8. PRIOR AGREEMENTS
Agreements which the City entered into pursuant to the terms of any prior Resolution establishing rates and charges for the use of parking facilities mentioned above shall remain in full force and effect until expiration or hereafter amended or terminated by the City.
SECTION 9. REPEAL
Resolution No. 80001 is hereby repealed, with the exception of the Monthly Rates in Exhibit II to Resolution No. 80001, entitled “Master Parking Rate Schedule – Off-Street”, which shall remain in effect through December 31, 2022. The Monthly Permit rates in Exhibit II to this Resolution shall take effect on January 1, 2023. Any other resolution containing terms and conditions inconsistent with those contained herein are hereby repealed.
NVF:AXY:KML
06/06/2022
T-16428.027 / 1928002_2 16
Council Agenda: 06-14-2022
Item No.: 2.22
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ADOPTED this _____ day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
EXHIBIT I – DOWNTOWN AND DOWNTOWN CORE
T-16428.027 / 1928002_2 EXHIBIT I - 1
Council Agenda: 06-14-2022
Item No.: 2.22
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT II – MASTER PARKING RATE SCHEDULE – OFF-STREET
T-16428.027 / 1928002_2 EXHIBIT II - 1
Council Agenda: 06-14-2022
Item No.: 2.22
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
- The Director of Transportation, following a review by the Downtown Parking Board, may modify the monthly rates within the specified ranges
- The City Hall Garage is not included in the programs described in Section 2.A.10 through 2.A.15 - Free Parking Period available at the Market/San Pedro, 3rd Street, 2nd/San Carlos, and Fourth Street Garages - 90 minutes free parking is not available at participating garages when a Special Event Flat Rate is in effect
Market/San Pedro Square Garage3rd Street Garage2nd/San Carlos GarageFourth Street GarageConvention Center Garage3rd/Santa Clara Garage (The Globe)4th/St. John GarageCity Hall GarageAlmaden/Woz LotSouth Hall Lot Woz/87 Lot I-280/First LotGlobal Monthly PermitNA NA NA NA NA NA NA NASpecific Lot/Garage Monthly PermitNA NA Range: $50-100 Range: $50-100 Range: $15-60 Range: $15-60Specific Garage (Premium)NA NA NA NA NA NASpecific Garage (Reserved)NA NA NA NA NA NAResidential Monthly Parking ProgramNA50% of Specific Garage Monthly NA NA NA NA NA NADaily Incremental$1 per 15min $1 per 15min $1 per 15min $1 per 15min $1 per 15min NA NA $1 per 15min NA NA NA NADaily Max Incremental$25 (Range: $15-25)$25 (Range: $15-25)$25 (Range: $15-25)$25 (Range: $15-25)$30 (Range: $15-35) NA NA$25 (Range: $15-25) NA NA NA NAMax Incremental Evening Entry After 6pm $10 $10 $10 $10 NA NA NA NA NA NA NA NASat/Sun/ Major Holiday Max Incremental Rate$10 $10 $10 $10 NA NA NA NA NA NA NA NASpecial Event Flat Rate$10-15 $10-15 $10-15 $10-25 $0-35 $10-15 NA $3-25 $3-25 $3-25 $3-25 NAEvent In-Out Day PassNA NA NA NA $10-40 NA NA NA NA NA NA NANon-Event Evening Flat RateNA NA NA NA$10 (Range: $10-20) NA NA NA NA NA NA NADaily Flat Rate for Reserved SpaceNA NA NA NA $0-50 NA NA NA $3-50 $3-50 NA NADaily Flat RateNA NA NA NA NA $10-15 NA NA $3-10 $3-10 $3-10 $3-10Weekend & Evening After 6pm Flat RateNA NA NA NA NA NA NA NA NA NA NA FREENon-Parking Use Flat Rate (per Space)NA NA NA NA NA NA NA NA $20 $20 NA NABanquet Center Visitor RateNA NA NAUp to 2hrs: $3 (Range: $3-4) 2-4 hours: $6 (Range: $6-8) 4-6 hours: $9 (Range: $9-12) 6-8 hours: $12 (Range: $12-16) 8-10 hours: $15 (Range: $15-18) NA NA NA NA NA NA NA NAEvening Flat Rate after 6pm (Sun-Thur)NA NA NA NA NA NA FREE NA NA NA NA NAEvening Flat Rate after 6pm (Fri-Sat)NA NA NA NA NA NA $0 (Range: $0-5) NA NA NA NA NA PARKING PROGRAMS$100 (Range: $100-125)$125 (Range: $125-150)1.5 x Specific Garage Monthly Permit2 x Specific Garage Monthly Permit50% of Specific Garage Monthly PermitGARAGES LOTS EXHIBIT III – MASTER PARKING RATE SCHEDULE – ON-STREET
T-16428.027 / 1928002_2 EXHIBIT III - 1
Council Agenda: 06-14-2022
Item No.: 2.22
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Area
Rates
Parking Meter District 1a – Downtown
(as defined in Municipal Code Section 11.40.200B)
$2.00 per hour
As specified at Meter
9:00 AM – 6:00 PM
Monday – Saturday
Except Sundays and Holidays
Parking Meter District 1b – South First
Street/University
(as defined in Municipal Code Section 11.40.210B)
$0.00-$25.00
Flat Rate or
$ 2.00 per hour
As specified at Meter
Parking Meter District 2 – East Santa Clara
Neighborhood
(as defined in Municipal Code Section 11.40.220B)
$2.00 per hour
As specified at Meter
9:00 AM – 6:00 PM
Monday – Saturday
Except Sundays and Holidays
Parking Meter District 3 – Japantown
Neighborhood
(as defined in Municipal Code Section 11.40.230B)
$2.00 per hour
As specified at Meter
9:00 AM – 6:00 PM
Monday – Saturday
Except Sundays and Holidays
Parking Meter District 4 - First and Younger
Neighborhood
(as defined in Municipal Code Section 11.40.240B)
$2.00 per hour
As specified at Meter
9:00 AM – 6:00 PM
Monday – Saturday
Except Sundays and Holidays
Parking Meter District 5 - Arena/Diridon Area
(as defined in Municipal Code Section 11.40.250B)
$0.00-$25.00
Flat Rate or
$2.00 per hour
As specified at Meter
EXHIBIT IV – COMMERCIAL REAL ESTATE
PARKING PERMIT PROGRAM
T-16428.027 / 1928002_2 EXHIBIT IV - 1
Council Agenda: 06-14-2022
Item No.: 2.22
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Program: Long term parking agreements with existing and proposed Commercial Real Estate properties located Downtown
Qualification: Existing or proposed Commercial Real Estate property as defined in this Resolution, with priority given in the following order:
- Existing Commercial Real Estate Property with no on-site parking
- Existing Commercial Real Estate Property with on-site parking
- Commercial Real Estate Property currently under
construction
- Approved Building Permit for Commercial Real Estate
Property
- Entitled Commercial Real Estate Property
- Proposed or Conceptual Project
Parking Ratio: The number of parking permits available under each Commercial Real Estate Parking Permit Program Agreement would be capped at 1.5 permits per 1,000 square feet of leasable building space, and further limited based upon the following parking conditions at the property:
- Developments with zero onsite parking would be eligible for
1.5 parking permits per 1,000 square feet
- Developments with an existing or proposed parking ratio between zero and 1.5 would be eligible for a combined total of 1.5 parking permits per 1,000 square feet when
considering both existing/proposed spaces and any permits provided by the City under the program.
- Developments with an existing or proposed parking ratio over 1.5 parking spaces per 1,000 square feet are not
eligible as they exceed the program cap of 1.5 permits per 1,000 square feet.
Parking Term: The term of agreements would be structured into two phases (Hold & Active) and based on the type of property associated with the agreement (Existing & Proposed), with total term lengths ranging from seven (7) to sixteen (16) years.
EXHIBIT IV – COMMERCIAL REAL ESTATE
PARKING PERMIT PROGRAM
T-16428.027 / 1928002_2 EXHIBIT IV - 2
Council Agenda: 06-14-2022
Item No.: 2.22
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
HOLD PERIOD: The amount of time existing properties may hold permits while they market their properties and proposed projects move through the development process.
- Existing Property: Two (2) Years
- Proposed Project: Six (6) Years
For proposed projects, the Holding term length would
contain the following project milestone requirements:
- Planning Approval: within 18 months of agreement
execution
- Submittal for Building Permit: within 12 months of
Planning Approval
- Building Permit Issued: within 12 months of Planning submittal date
- Breaking Ground: within 6 months of Building Permit
issuance
- Certificate of Occupancy Issued: within 24 months of Breaking Ground
ACTIVE PERIOD: The amount of time where parking permits issued under the agreement may be used for parking access in City parking facilities.
- Existing Property: Five (5) Years
- Proposed Project: Ten (10) Years
Parking Rates: During the Hold period, permits will be charged at the rate of $100/permit/month.
During the Active period, the following rates will be charged for each permit based upon the following access type:
- Global Permit: Higher of Market Rate or $125/permit/month - Specific Garage Permit: Higher of Market Rate or
$165/permit/month
- Specific Garage (Premium): 1.5 times the Specific Garage Permit rate
EXHIBIT IV – COMMERCIAL REAL ESTATE
PARKING PERMIT PROGRAM
T-16428.027 / 1928002_2 EXHIBIT IV - 3
Council Agenda: 06-14-2022
Item No.: 2.22
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
- Specific Garage (Reserved): 2 times the Specific Garage Permit rate
Transfers: Parking agreement and parking permits are non-assignable and non-transferrable.
Eligible Parking: All Municipal Off-Street Parking Facility are eligible at the discretion of Facilities Director.
Approval: Director shall review all applications and approve all businesses eligible for the program and administer the program as set forth in this Resolution.