4) Restrict vendors from operating in certain neighborhoods, except if restricting is related to HSW. ((b)(4)(A).) But, for neighborhoods zoned as exclusively residential, cities can prohibit stationary vendors from operating. ((b)(4)(B).)
5) Limit the number of vendors in the city, unless related to HSW. ((b)(5).) Subject to the foregoing prohibitions, a city can:
1) Enact local laws related to objective HSW concerns that regulate time, place and manner, including requirements for sanitation, permitting, compliance with government (incl. health) inspections, licensing and taxation. (§ 51038(c).)
2) Restrict vendors from operating in immediate vicinity of: (§ 51038(d) a. Permitted certified farmers’ markets.
b. Permitted swap meets.
c. Public areas designated for “temporary special permits.” (including for parades, outdoor concerts).
In regulating sidewalk vendors, objective concerns of HSW cannot include “perceived community animus or economic competition.” (§ 51038(e).) Moreover, the law does not affect the applicability of the California Retail Food Code (Health & Saf. Code § 113700, et seq.), which addresses food safety and inspections, including for mobile food facilities and farmers markets. (§ 51037.) SB 946 broadly decriminalizes sidewalk vending, prohibits cities from punishing violations of related local ordinances as criminal infractions or misdemeanors, and reduces enforcement power. (§ 51039.) A person cannot be arrested, penalties are restricted to administrative fines, and the statute specifies fine amounts and maximums. A person’s ability to pay must be considered “when assessing an administrative fine.” ((f)(1).) Furthermore, a person’s failure to pay an administrative fee cannot be punished by a criminal charge, nor can they be assessed any further “fines, fees, assessments, or any other financial conditions” beyond permit rescission. ((a)(2);(c).) The new statute is retroactive for previous offenses. Individuals cited for previous violations of local ordinances affected by SB 946 “shall” have their pending charges dismissed, and prosecutions that have reached judgment may be petitioned for dismissal as well. (§ 51039(e)&(g).) b. Santa Clara City Code
In different places, the City Code directly regulates the same type of activity targeted by SB 946:
- Chapter 5.05 (“Solicitors and Peddlers”) regulates door-to-door and place-to-place peddling and solicitation. The City Code makes a distinction between sales for immediate delivery (peddling) and for future delivery (solicitation), but SB 946 does not. Under City Code, Peddlers are individuals who “sells and makes immediate delivery or offers for sale…any goods, ware, merchandise or thing in the possession of the seller, at any place in the City other than at a fixed place of business.” (§ 5.05.010(j).) Peddling is defined to include “traveling” and “selling or vending…on any street, sidewalk, right-of-way, park or other public place,” including by mobile units (which includes a “trailer, push cart, wagon, bicycle, dray, conveyance or structure on wheels”). ((h),(k).) Because SB 946 does not distinguish between the time of delivery of the good for sale, it may apply to solicitors as defined by City Code: “any person who goes from place to place in the City, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature and offers property of any nature for future delivery.” ((p).)
SB 946 Sidewalk Vendors
January 11, 2019
o Under Article I, and subject to exceptions, peddlers and solicitors must obtain a permit from the Police Department for “peddling activities.” (§ 5.05.020.) Applicants are required to submit an application signed under penalty of perjury with biographical details, a description of their peddling, and a statement about their criminal history, in addition to submitting fingerprints and paying fees for a background investigation. (§ 5.05.040.)
• The Application requires a social security number from the applicant, and also reserves the right to deny applications if information is omitted. The terms of the permit require inter alia County health inspections and proof thereof for mobile units; operating hours between 10:00 a.m. and one-half hour after sunset, except if by “licensed catering vehicles” selling food at/near industrial establishments; wearing identification; and upon request, that the peddler providing his or her name, organizational information, and a copy of their signature. (§5.05.170.)
o Article II regulates solicitation from vehicles and mobile units. Solicitors are prohibited “while standing in any portion of the public right-of-way, including … sidewalks and driveways, to solicit, or attempt to solicit… business …from any person traveling in a vehicle along a public right-of-way.” (§
5.05.210(a).) It also prohibits solicitation to and from vehicles when the buyer or seller is in a public right-of-way. ((b), (c).)
Mobile unit peddlers (incl. pushcarts and wagons) are prohibited from:
• Standing or stopping “for peddling purposes, at any place on any public street, sidewalk, right-of-way, public park or other public place, for a total period of time exceeding ten minutes within any two-hour period” or “stopping” for a sale on any public right-of-way within 500 feet of a school property. (§ 5.05.230.)
• Stopping to peddle within 200 feet of another mobile unit. (§ 5.05.240.) • Peddling from an unapproved location, which is restricted as: (§
5.05.260(a).)
o Peddling is permitted only for the street-side of a sidewalk. ((3).) o Sidewalks must be a minimum width of 8 feet, with 3 feet for passage of pedestrian traffic. ((4).)
o The dimensions of the mobile unit cannot exceed 8-feet high by 5-feet wide by 6-feet long, and must be parked to minimize use of the sidewalk and not obstruct it. ((5), (7).)
o Peddlers cannot have more than their approved mobile unit, single stool and 33-gallon maximum trash container. ((6).) o Peddlers must carry general liability insurance. ((8).) o Permits will not be issued for specific locations, including: (§
5.05.270.)
Immediately adjacent to residentially zoned property. (a) Within 20-feet of a restricted parking/loading space. (b) Within 20-feet of the entrance to any building,
merchandise display, or crosswalk. ((c) – (e).)
Where it impedes traffic or is dangerous. ((f) – (h).) • Selling or peddling any articles, or to station any stand or cart for sale of any article or thing, in any park or adjacent public park, unless they are an approved concessionaire. (§ 5.05.280.)
SB 946 Sidewalk Vendors
January 11, 2019
- Chapter 8.10 (“Food and Food Establishments”) regulates the sale of food, food establishments and restaurants, and requires individuals selling food to be permitted, to follow State and local health laws and regulations, and to submit to inspections. (§§ 8.10.020 – 8.10.130.) Food establishments are places where food is “kept, held, sold, prepared or compounded or offered for sale for human consumption,” “not a public eating or drinking establishment,” including grocery stores, fruit and vegetable stands, and markets or “other premises” where meat is kept, stored, handled, or offered for sale. (§ 8.10.010(b).) Restaurants are places, including “sandwich stands” and cafes, where “food or drink is prepared on the premises for sale or distribution elsewhere. (Id., at (c).) The City’s Health Officer, or duly-authorized representative are “authorized and directed to seize and destroy or denature any tainted, diseased, decayed or partially decayed or unwholesome meat, fish, shell fish, fowl, fruits, vegetables or other unwholesome food found within the city.” (§ 8.10.110.)
- Chapter 3.40 (Business Tax) requires operators of businesses to pay taxes to the City. It requires that “parade vendors” ($15 per parade), “itinerant merchants” ($225 per 190 days), and peddlers ($ 113) each pay a business tax to the City.
The City Code also indirectly regulates sidewalks in parts that may be useful for further enforcing the health, welfare and safety thereon:
- Chapter 12.05 restricts a person from obstructing sidewalks from the free passage of pedestrians, including doing so by annoying or molesting persons passing by. (§ 12.05.010.) It does not provide any exception for those selling, or attempting to sell, food or merchandise. - Title 9 (“Public Peace, Morals and Welfare”) prohibits individuals from bringing into “any portion of the parking areas” around the Stadium, and “perimeter sidewalk,” any food, goods or merchandise “for the purposes of sale or barter.” (§ 9.05.165 (m).) Lastly, the City Code contains sections addressing enforcement, including the discretion to prosecute violation of code with civil, criminal or administrative penalties (§§ 1.05.070, 5.100.010), which are specifically preempted by SB 946.
c. Permit practices and procedures
The Permits Unit of the Police Department manages all permitting for peddler activity, including receiving applications, granting or denying permits, and maintaining information with the HDL business license software. The Permits Unit does not maintain any internal written guidelines for its decision-making regarding granting and denying applications, and endeavors to only strictly follow and enforce the language of the City Code.
Analysis
SB 946 allows cities to require permits for sidewalk vending and to also restrict the time, place and manner (“TPM”) of sidewalk vending, if it is done for objective health, safety and welfare (“HSW”) reasons, or to address other specific concerns in parks and residential neighborhoods. Many of the restrictions in the Santa Clara City Code have an apparent relationship to HSW, such as to prevent obstruction of traffic. Thus, SB 946’s new requirements and restrictions facially preempt only select sections of the City Code dealing with the permitting of peddlers and solicitors where restrictions do not have an obvious and justifiable reason, such as HSW. The restrictions that do not have legally-justifiable reasons will be subject to legal challenge when the new law takes effect on January 1, 2019.
SB 946 Sidewalk Vendors
January 11, 2019
Furthermore, sections of City Code regarding enforcement of code and prosecution of code violates are entirely preempted by SB 946’s decriminalization of sidewalk vending.
City Code Enforceability
Under SB 946
Limitations Under SB 946 Action/Revisions
Required for Code
or Policies § Description
5.05.020 Peddlers & Solicitors
must be permitted
Enforceable City cannot restrict specific
locations unless for HSW
No action required
5.05.040 Required information for
permit
Enforceable in part Cannot require SSN None for Code;
Remove SSN field
from SCPD
Application
5.05.210 Solicitors cannot stand in
public right-of-way and
solicit to vehicles
traveling on streets
Enforceable City cannot restrict specific
locations unless for HSW
No action required
5.05.230
(a)(1)
Mobile Unit Peddler
(MUP) cannot stand or
stop for “peddling
purposes” in public rightof-way … for longer than
total 10-mins within 2-hr
period
Likely Enforceable IF
for HSW
City cannot restrict specific
locations unless for HSW
Articulate reasoning
5.05.230
(a)(1)
MUP cannot stand or
stop for “peddling
purposes” in public right
of way …park for longer
than total 10-mins within
2-hr period
Likely Enforceable IF
for HSW
City cannot prohibit roaming
vendors within parks, but
may restrict if for HSW
reasons or use/enjoyment of
park or to prevent undue
concent. of comm. activity
Articulate reasoning
5.05.230
(a)(2)
MUP cannot stand or
stop for “peddling
purposes” with 500-ft of
school property
Likely Enforceable IF
for HSW
City cannot restrict specific
locations unless for HSW
Articulate reasoning
5.05.240 MUP cannot stop to
peddle with 200-ft of
other stopped MUP
Not Enforceable,
unless for HSW
City cannot restrict specific
locations unless for HSW
Articulate
reasoning; Revise
to remove or to
narrow restriction
City Code Enforceability
Under SB 946
Limitations Under SB 946 Action/Revisions
Required for Code
or Policies § Description
5.05.260 Permit locations and conditions
(a)(2) “issued only for a
specific approved
location which is stated
on the permit.”
Not Enforceable,
unless for HSW
City cannot restrict specific
locations unless for HSW,
or to restrict stationary
vendors from
neighborhoods exclusively
zoned as residential
Articulate
reasoning; Revise
to remove or to
narrow restriction
(a)(3) Only for street side of
sidewalk portion
Likely Enforceable
IF for HSW
City can restrict TPM of
permits for HSW
Articulate reasoning
(a)(4) Only for sidewalks of 8-
ft width with 3-ft of
passage for peds
Likely Enforceable
IF for HSW
City can restrict TPM of
permits for HSW
Articulate reasoning
SB 946 Sidewalk Vendors
January 11, 2019
(a)(5) MUP/temp structure
dimensions are less
than 4’Hx5’Wx6’L
Likely Enforceable
IF for HSW
City can restrict TPM of
permits for HSW
Articulate reasoning
(a)(6) Limited to (i) 1
approved MUP/temp
structure, (ii) 1 stool,
and (iii) 1 garage can
Likely Enforceable
IF for HSW
City can restrict TPM of
permits for HSW
Articulate reasoning
5.05.270 Prohibited Locations
(a) Immediately adjacent to
residentially zoned
property
Not Enforceable,
unless for HSW
City “shall not restrict
sidewalk vendors to
operate only in a
designated neighborhood
or area, except” for HSW,
or to restrict “stationary”
vendors from
neighborhoods exclusively
zoned as residential
Articulate
reasoning; Revise
to remove or to
narrow restriction
(b) Within 20-ft of noparking zone,
handicapped parking
space or driveway
Likely Enforceable
IF for HSW
City can restrict TPM of
permits for HSW
Articulate reasoning
(c) Within 20-ft of entrance
to buildings
Not Enforceable,
unless for HSW
City “shall not restrict
sidewalk vendors to
operate only in a
designated … area, except”
for HSW, or to restrict
“stationary” vendors from
neighborhoods exclusively
zoned as residential
Articulate
reasoning; Revise
to remove or to
narrow restriction
(e.g. types of
buildings)
(d) Within 20-ft of
merchandise display
window
Not Enforceable City “shall not restrict
sidewalk vendors to
operate only in a
designated …area, except”
for HSW; “economic
competition does not
constitute” HSW reason
Revise to remove or
to narrow restriction
(e) Within 20-ft of
crosswalk
Likely Enforceable
IF for HSW
City can restrict TPM of
permits for HSW
Articulate reasoning
(f) – (h) Impedes traffic or is
hazardous
Enforceable City can restrict TPM of
permits for HSW
No action required
5.05.280 Peddling is prohibited in
parks and adjacent
parking unless as an
approved
concessionaire
Not enforceable City cannot prohibit
vendors within parks,
unless for HSW reasons or
use/enjoyment of park or to
prevent undue concent. of
comm. activity; or if the
peddler is stationary and
the city has already granted
an exclusive
concessionaire permit
Revise to remove or
to narrow restriction
distance
SB 946 Sidewalk Vendors
January 11, 2019
City Code Enforceability
Under SB 946
Limitations Under SB 946 Action/Revisions
Required for Code
or Policies § Description
1.05.070 City has discretion to
criminally prosecute
any violations of Code;
recover costs of
enforcement
Not Enforceable Sidewalk vendors cannot
be criminally cited
Specify penalties in
amended ordinance
Gov. Code § 51039
3.40.330 Peddlers are subject to
City Business Tax
Enforceable No specific restrictions on
local taxations
No action required
8.10.020 -
.130
Food Safety sections,
including the right to
seize/destroy tainted
foods (§ 8.10.110)
Enforceable None No action required
12.05.010 Sidewalks: Individuals
are prohibited from
obstructing free
passage of pedestrians
on sidewalk
Not Enforceable City cannot restrict specific
locations unless for HSW
Articulate reasons;
Revise to narrow
and provide
exception for
sidewalk
vendors/peddlers
12.05.040 Obstructing sidewalk
without prior permission
deemed guilty of
infractions and $500
fine
Not Enforceable Sidewalk vendors cannot
be criminally cited for
unpermitted vending
Revise and narrow:
sidewalk vendors
are subject only to
specific
administrative
penalties IAW Gov.
Code § 51039
9.05.165(m) Stadium: prohibits
individuals from
bringing food and
merchandise for sale
onto parking areas and
“perimeter” sidewalk
Not Enforceable City “shall not restrict
sidewalk vendors to
operate only in a
designated …area, except”
for HSW; “economic
competition does not
constitute” HSW reason
Articulate reasons;
Revise to remove or
to narrow restriction
cc: City Manager’s Office
i:\parks & recreation\2019\18.1801 sidewalk vendors 1-11-19.doc ~ >TAH O;CAllfORNI,\
·c:I:}.;'.,'/' AUTHENTICATED t\'_1,,1 ,tr ELECTROtllC LEGAL MATERIAL Senate Bill No. 972
CHAPTER489
An act to amend Sections 113818, 113831, and 113868 of, and to add Chapter 11. 7 ( commencing with Section 114 3 68) to Part 7 of Division 104 of, the Health and Safety Code, relating to retail food. [Approved by Governor September 23, 2022. Filed with
Secretary of State September 23, 2022.]
LEGISLATIVE COUNSEL'S DIGEST
SB 972, Gonzalez. California Retail Food Code.
(1) Existing law, the California Retail Food Code (the code), establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities and requires local health agencies to enforce these provisions. Existing law, for purposes of the code, defines a "cottage food operation" as an enterprise that has no more than a specified amount in gross annual sales, is operated by a cottage food operator, and has no more than 1 full-time employee within the registered or permitted area of a private home where the food products are prepared and packaged. Existing law provides for the regulation of microenterprise home kitchen operations and limits those operations to not serving more than 30 individual meals per day and not more than 60 individual meals per week and to no more than $50,000 in verifiable gross annual sales, as adjusted for inflation. Existing law authorizes the local enforcement agency to decrease the limit on the number of individual meals prepared based on the food preparation capacity of the operation.
This bill would authorize a cottage food operation or microenterprise home kitchen operation to serve as a commissary or mobile support unit for up to 2 compact mobile food operations if the cottage food operation or microenterprise home kitchen operation permit includes an endorsement from the local enforcement agency that the cottage food operation or microenterprise home kitchen operation is capable of supporting the preparation and storage of the food being sold from the compact mobile food operation and the storage and cleaning of the compact mobile food operation. The bill would authorize nonpotentially hazardous foods prepared in a cottage food operation to be served from a compact mobile food operation. The bill would define "compact mobile food operation" as a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. The bill would require compact food operations to conduct only limited food preparation.
(2) The code defines "limited food preparation" as food preparation that is restricted to specified activities, including dispensing or portioning of 92 Ch. 489 -2-
nonpotentially hazardous food, slicing and chopping of food on a heated cooking surface during the cooking process, and holding, portioning, and dispensing foods that are prepared at a satellite food service or catering operation.
This bill would include in the definition of "limited food preparation" dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing, slicing and chopping of nonpotentially hazardous food or produce that has been washed at an approved facility, hot and cold holding of food previously prepared at an approved permanent food facility, and reheating of food that has been previously prepared at an approved permanent food facility and held at the approved temperatures.
(3) The code defines "mobile food facility" and regulates what types of food may be provided at a mobile food facility. The code requires mobile food facilities to meet specified health and safety standards, including access to warewashing sinks, restrooms, and handwashing facilities and required quantities of potable water.
This bill would require a compact mobile food operation to meet the applicable requirements of mobile food facilities, except as specified. The bill would exempt a compact mobile food operation that has 25 square feet or less of display area and sells only prepackaged, nonpotentially hazardous foods or whole uncooked produce from the code, except as specified. The bill would authorize a compact mobile food operation to display or sell food outdoors, if certain conditions are met, including, among other things, overhead protection provided above all food display areas. The bill would require a compact mobile food operation that engages in the preparation of raw meat, raw poultry, or raw fish to meet additional specified requirements.
The bill would authorize the enforcement agency to preapprove a standard plan for a standardized or mass-produced facility intended to serve as a compact mobile food operation and would authorize a compact mobile food operation to use that standardized or mass-produced facility after a final inspection, but without submitting plans for the individual unit. The bill would authorize the enforcement agency to collect a fee for the final inspection.
( 4) Existing law requires commissaries and other approved facilities servicing mobile support units, mobile food facilities, and vending machines to meet specified standards.
This bill would authorize an enforcement agency to approve a facility with nonconforming structural conditions if those conditions do not pose a public health hazard. The bill would also require an enforcement agency to approve the storage of a compact mobile food facility in a permitted permanent food facility if, after initial inspection, the agency determines that the compact mobile food facility is protected from contamination. The bill would authorize the enforcement agency to charge a fee to administer these provisions.
92 -3- Ch. 489
(5) The code requires a food facility to have a valid permit to be open for business and authorizes the local enforcement agency to charge a fee for the permit or registration or related services.
This bill would authorize the local enforcement agency to reduce the fee for the permit, registration, or related service for an applicant seeking approval of a compact mobile food operation or related operations. (6) Under existing law, violation of the code is a misdemeanor, unless otherwise specified.
This bill would make violations of the code by an operator or employee of a compact mobile food facility or a sidewalk vendor punishable only by an administrative fine. Additionally, by making changes to the definition of various crimes and by adding new crimes under the code, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 113818 of the Health and Safety Code is amended to read:
113818. (a) "Limited food preparation" means food preparation that is restricted to one or more of the following:
(1) Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming or boiling of hot dogs, or assembly of nonprepackaged food. (2) Dispensing and portioning of nonpotentially hazardous food or dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing.
(3) Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.
( 4) Holding, portioning, and dispensing of any foods that are prepared by a catering operation.
(5) Slicing and chopping of nonpotentially hazardous food or produce that has been washed at an approved facility or slicing and chopping of food on a heated cooking surface during the cooking process. ( 6) Cooking and seasoning to order.
(7) Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.
(8) Hot and cold holding of food that has been prepared at an approved permanent food facility.
92 Ch. 489 -4-
(9) Reheating of food that has been previously prepared at an approved permanent food facility and held at temperatures required by this chapter. (b) "Limited food preparation" does not include any of the following:
(1) Slicing and chopping potentially hazardous food, other than produce, unless it is on the heated cooking surface.
(2) Thawing.
(3) Cooling of cooked, potentially hazardous food.
(4) Grinding raw ingredients or potentially hazardous food. (5) Washing of foods.
( 6) Cooking of potentially hazardous foods for later use. (7) Handling, manufacturing, freezing, processing, or packaging of milk, milk products, or products resembling milk products subject to licensing under Division 15 (commencing with Section 32501) of the Food and Agricultural Code.
SEC. 2. Section 113831 of the Health and Safety Code is amended to read:
113831. (a) "Mobile food facility" means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. "Mobile food facility" does not include a "transporter" used to transport packaged food from a food facility, or other approved source to the consumer.
(b) "Single operating site mobile food facilities" means at least one, but not more than four, unenclosed mobile food facilities, and their auxiliary units, that operate adjacent to each other at a single location. (c) "Compact mobile food operation" means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
SEC. 3. Section 113868 of the Health and Safety Code is amended to read:
113868. "Portable" means equipment that is capable of being lifted and moved or has utility connections that are designed to be disconnected or of sufficient length to permit the unit to be moved for cleaning, and does not exceed 100 pounds ( 46 kg) in weight or is otherwise designed to be mobile.
SEC. 4. Chapter 11.7 (commencing with Section 114368) is added to Part 7 of Division 104 of the Health and Safety Code, to read:
CHAPTER 11. 7. COMPACT Mo BILE FooD OPERATION
114368. A compact mobile food operation, as defined in subdivision ( c) of Section 113 831, shall meet the applicable requirements of Chapter 10 (commencing with Section 114294), except as provided in this chapter. 114368.1. (a) Any compact mobile food operation with 25 square feet or less of display area from which only prepackaged nonpotentially hazardous food and whole uncooked produce is sold is exempt from the requirements of this part, except that the facility shall comply with all of the following:
92 -5- Ch. 489
(1) Sections 113980, 114047, 114049, 114390, 114393, 114397, and 114399.
(2) Chapter 1 (commencing with Section 113700).
(3) Chapter 2 (commencing with Section 113728).
(b) ( 1) A local enforcement agency may inspect a compact mobile food operation that is exempt, as specified in subdivision (a), during the facility's hours of operation and other reasonable times on the basis of a consumer complaint or just cause.
(2) For the purposes of determining compliance with this chapter, a compact mobile food operation that is not exempt as specified in subdivision (a) is subject to permitting and routine inspections or inspections on the basis of a consumer complaint or just cause.
( c) The local enforcement agency may recover the costs of investigation and enforcement of this section, subject to any limitations in this part on fines issuable to compact mobile food operations.
114 3 68 .2. (a) Compact mobile food operations shall conduct only limited food preparation, as defined in Section 113818. Notwithstanding any other provision of this part, a compact mobile food operation, as defined in subdivision ( c) of Section 113 831, may display or sell food outdoors, if all of the following conditions are satisfied:
( 1) Overhead protection are provided above all food display areas. (2) Food items from the outdoor display are stored consistent with this chapter at all times other than during business hours.
(3) Outdoor displays comply with Section 113980 and have been approved by the enforcement agency if the compact mobile food operation is required to obtain a permit.
(b) A compact mobile food operation shall not sell food other than nonpotentially hazardous prepackaged food or whole produce, or conduct any food preparation, unless it meets the applicable operational requirements of this chapter, including applicable requirements for integral equipment, handwashing, and restroom access.
( c) Equipment that is required to be integral to a compact mobile food operation shall either be permanently attached to the primary unit or securely fastened to the primary unit by means that would prevent unintentional removal. Equipment may be considered integral despite being portable or otherwise removable for cleaning, maintenance, or as part of its regular function.
( d) A compact mobile food operation operating from an individual shall not conduct any food preparation or sell foods other than nonpotentially hazardous prepackaged food or whole produce.
114368.3 (a) (1) A permitted cottage food operation or microenterprise home kitchen operation may serve as a commissary or mobile support unit for up to two compact mobile food operations if the cottage food operation or microenterprise home kitchen operation permit includes an endorsement from the local enforcement agency that the cottage food operation or microenterprise home kitchen operation is capable of supporting the preparation and storage of the food being sold from the compact mobile 92 Ch. 489 -6-
food operation and the storage and cleaning of the compact mobile food operation.
(2) Transactions at a compact mobile food operation operated by a cottage food operator shall constitute "direct sales" for the purposes of paragraph (4) of subdivision (b) of Section 113758.
(3) Transactions at up to two compact mobile food operations operated by a cottage food operator shall not count toward the annual gross sales restrictions in Section 113758 applicable to cottage food operations if the governing body has authorized this action.
( 4) Nonpotentially hazardous foods prepared in a cottage food operation may be served from a compact mobile food operation.
(5) Food prepared in a microenterprise home kitchen operation may be served from a compact mobile food operation operated by the microenterprise home kitchen operation permitholder.
(6) The meal and gross annual sales limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 do not apply to the sale of nonpotentially hazardous food or produce for up to two compact mobile food operations operated by the microenterprise home kitchen operation if the governing body has authorized this action.
(7) With the authorization of the governing body and if the enforcement agency determines that the operation does not pose a public health hazard, a permitted microenterprise home kitchen operation may serve as a commissary for up to two compact mobile food operations. The meal and gross annual sales limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 apply unless the governing body sets a higher meal and income limitation.
(8) The governing body of a local jurisdiction that permits microenterprise home kitchen operations pursuant to Section 114367, may set the meal and income limitations in paragraphs (7) and (8) of subdivision (a) of Section 113825 at a higher level than provided in those paragraphs for microenterprise home kitchen operations that operate in conjunction with a compact mobile food operation. Notwithstanding this subdivision, the levels in effect, by statute or ordinance, as of January 1, 2023, shall remain in effect until changed by the local jurisdiction.
(b) (1) Existing permanent food facilities may be permitted to support the operations and storage of compact mobile food operations pursuant to the requirements of this section.
(2) Notwithstanding any other provision of this part, upon an evaluation verifying that a permanent food facility satisfies subdivisions (a) to (f), inclusive, of Section 114326, an enforcement agency shall approve the use of a permitted permanent food facility to satisfy the requirements of Section 114295 for a compact mobile food operation.
(3) Notwithstanding any other provision of this part, upon an evaluation verifying that the compact mobile food operation will be stored in a manner that protects the compact mobile food operation from contamination, an enforcement agency shall approve the storage of a compact mobile food operation in a permitted permanent food facility.
92 -7- Ch. 489
( 4) Except when a determination is made by the enforcement agency that any nonconforming structural conditions pose a public health hazard, the enforcement agency may approve a facility to support operations of a compact mobile food operation.
(5) Plan submission shall not be required for an existing permanent food facility to support the operations of a compact mobile food operation when a determination is made by the local enforcement agency that the current operation and structural facilities of the permanent food facility can successfully provide the necessary functions of a commissary for a compact mobile food operation.
(6) An approved permanent food facility that will be used for cooling of food for a compact mobile food operation shall be approved by the enforcement agency for cooling.
(c) (1) Unless prohibited by local ordinance, an enforcement agency may allow the use of a private home for the storage of a compact mobile food operation if it determines, after an evaluation, that storage in the private home would not pose a public health hazard and that the compact mobile food operation will be stored in a manner that protects the compact mobile food operation from contamination.
(2) No more than two compact mobile food operations may be stored in a private home unless the enforcement agency finds that storage of more than two compact mobile food operations in a private home would not pose a public health hazard.
(3) The storage area within the home shall be designated and clearly identified upon approval and shall not be relocated without the review and approval of the local enforcement agency.
( 4) Prepackaged nonpotentially hazardous food, whole fruits, and whole vegetables may be stored in the home prior to sale or preparation of that food in a compact mobile food operation.
(5) Food prepared in a private home shall not be used or offered for sale on a compact mobile food operation, unless it is a permitted cottage food operation or microenterprise home kitchen operation pursuant to subdivision (a). Violation of this paragraph may result in suspension or revocation of the permit to operate the compact mobile food operation. ( 6) For purposes of determining compliance with this subdivision, a local enforcement agency may access, for inspection purposes, a private home where a compact mobile food operation is stored only if the representative has, on the basis of a consumer complaint, reason to suspect that the home is being used for food preparation, food storage, or unauthorized storage of utensils or other food facility equipment in violation of this subdivision. ( d) At the end of the operating day, potentially hazardous food that is prepared on or served from a compact mobile food operation shall be destroyed in a manner approved by the enforcement agency. (e) For the purposes of this chapter, an endorsement by the local enforcement agency shall be a documented and recorded approval of compliance with applicable sections. An endorsement may include an inspection or evaluation, but shall not require a registration or permit. 92 Ch. 489 -8-
(f) The enforcement agency may collect a fee for any permit, endorsement, inspection, or evaluation issued or conducted pursuant to this chapter in an amount that does not exceed the reasonable administrative costs of the enforcement agency.
114368.4. (a) Except as provided in subdivision (b ), a compact mobile food operation that is approved for limited food preparation that prepares raw meat, raw poultry, or raw fish is subject to warewashing and handwashing facility requirements as outlined in Chapter 10 ( commencing with Section 114294).
(b) (1) A compact mobile food operation may satisfy the requirements of Sections 114313 and 114314 by demonstrating access to a permitted auxiliary conveyance containing the necessary handwashing and warewashing sinks when operating at a site-specific location. The auxiliary conveyance may be operated by the same or a different permitholder. An enforcement agency may permit an auxiliary conveyance to serve multiple compact mobile food operations operating in close proximity to the auxiliary conveyance, as determined by the enforcement agency.
(2) If an auxiliary conveyance is not operated by the permitholder of the compact mobile food operation, the operator of the auxiliary conveyance shall obtain a permit from the enforcement agency to operate the auxiliary conveyance and service compact mobile food operations.
(3) The permit application for an auxiliary conveyance not operated by a compact mobile food operation shall include a site plan and shall be submitted to the enforcement agency at least two weeks prior to the operation of any food facility in conjunction with the auxiliary conveyance. (4) The site plan for an auxiliary conveyance not operated by a compact mobile food operator shall show the proposed location and storage of the auxiliary conveyance, the proposed locations of any food facilities that will utilize the auxiliary conveyance, restrooms, refuse containers, potable water supply faucets, waste water disposal facilities, and all shared warewashing and handwashing facilities.
(c) A compact mobile food operation that is approved for limited food preparation that does not prepare raw meat, raw poultry, or raw fish shall do one of the following:
(1) Provide a three-compartment sink as described in subdivision (a) of Section 114313.
(2) Provide at least one two-compartment sink that complies with subdivision ( e) of Section 114099.3.
(3) Provide a one-compartment sink with at least one integral metal drainboard, an adequate supply of spare preparation and serving utensils to replace those that become soiled or contaminated, and warewashing facilities that comply with subdivision (a) of Section 114313 in reasonable proximity to, and readily accessible for use by, food employees at all times. ( 4) Maintain an adequate supply of spare preparation and serving utensils on the compact mobile food operation to ensure that utensils used for potentially hazardous foods are replaced with clean and sanitized utensils every four hours or as needed to replace those that become soiled or 92 -9- Ch. 489
contaminated. A compact mobile food operation that complies with this paragraph is not required to provide a warewashing sink. ( d) A compact mobile food operation that is approved for limited food preparation that does not prepare raw meat, raw poultry, or raw fish shall provide an integral handwashing sink with at least five gallons of potable water to operate with a potable water tank with a capacity of at least five gallons for handwashing.
( e) An enforcement agency may permit a compact mobile food operation to operate with an integral water tank smaller than specified under subdivision ( c) or ( d) of Section 114217 if the enforcement agency finds that the compact mobile food operation is operating in an area and manner that would allow for replenishment of the water supply as needed during operations.
(f) A compact mobile food operation shall submit, to the enforcement agency, written operating procedures that include the process of filling potable water tanks if it will operate with a water tank with a capacity of less than five gallons specified in subdivisions (c) and (d) of Section 114217. (g) A compact mobile food operation that does not prepare raw meat, raw poultry, or raw fish is exempt from any provision of this part requiring it be equipped with a water heater or otherwise be supplied with warm water. 114368.5. (a) Upon receipt of complete, easily readable plans drawn to scale, and specifications satisfactory to the enforcement agency, an enforcement agency may preapprove a standard plan for a standardized or mass-produced individual unit intended to serve as a compact mobile food operation.
(b) A person proposing to operate a compact mobile food operation who has acquired an individual unit for which the construction of the compact mobile food operation has been built to approved plans shall not be required to submit plans for the individual unit, but instead shall be subject to a final inspection of the compact mobile food operation to ensure that the individual unit and proposed method of operation conform to the standard plans preapproved pursuant to subdivision (a). The permit application for a compact mobile food operation utilizing a preapproved individual unit shall include a certification that the applicant has not substantially altered the individual units from the plans preapproved pursuant to subdivision (a).
The enforcement agency may collect a fee in the final inspection in an amount that does not exceed the reasonable administrative costs to the enforcement agency.
( c) The repair of equipment or integral fixtures on a compact mobile food operation or the replacement of equipment and fixtures on a compact mobile food operation with substantially similar equipment or fixtures is not a remodel, and the repair or replacement of equipment or fixtures does not require the submission of plans to an enforcement agency. ( d) A local governing body may waive or reduce a fee for the permit, registration, or related services for an applicant seeking approval of a compact mobile food operation or related operations.
92 Ch. 489 -10-
( e) All new and replacement food-related and utensil-related equipment for a compact mobile food operation shall be certified or classified for sanitation by an American National Standards Institute accredited certification program, or a certification program accredited by another accreditation body recognized by the enforcement agency as providing substantially similar food safety and operational standards. In the absence of an applicable certified sanitation standard, food-related and utensil-related equipment shall be evaluated for approval by the enforcement agency. (f) All new and replacement electrical appliances for a compact mobile food operation shall meet applicable Underwriters Laboratories standards for electrical equipment as determined by an American National Standards Institute accredited certification program or a certification program accredited by another accreditation body recognized by the enforcement agency as providing substantially similar food safety and operational standards.
114368.6. A compact mobile food operation is exempt from Section 113947.1 if the operator and any individual who is involved in the preparation, storage, or service of food for the compact mobile food operation has obtained a food handler card that meets the requirements of Section 113948.
114368.7. A compact mobile food operation is exempt from the requirements of Section 114315 if the compact mobile food operation operates with multiple employees or operators and the compact mobile food operation may remain operable by a single individual so that employees or operators may alternate use of a restroom.
114368.8. (a) Notwithstanding subdivision (a) of Section 114395, a violation of this part by an operator or employee of a compact mobile food operation is punishable only by an administrative fine. (b) A violation of any provision of this part or regulation adopted pursuant to this part by an operator or employee of a compact mobile food operation or a sidewalk vendor shall not be punishable as an infraction or misdemeanor, and an operator or employee of a compact mobile food operation or a sidewalk vendor alleged to have violated any of those provisions is not subject to arrest except when independent grounds for that arrest exist under law.
( c) Except as provided in paragraph ( d), each offense by an operator or employee of a compact mobile food operation or a sidewalk vendor may only be punished by a fine consistent with the following:
(1) A notice of violation detailing the violation, including the applicable provision of this part or regulation adopted pursuant to this part. (2) An administrative fine not exceeding one hundred dollars ($100) for a second violation within one year of the first violation. (3) An administrative fine not exceeding two hundred dollars ($200) for a third violation within one year of the first violation. ( 4) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. 92 -11- Ch. 489
( d) If a compact mobile food operation is required to obtain a permit from the enforcement agency, operating without a permit may be punishable by a fine not to exceed three times the cost of the permit in lieu of the administrative fines referenced in subdivision (c). An enforcement agency shall not issue any fines in excess of the amounts allowable pursuant to subdivision (c) prior to January 1, 2024.
(e) (1) When assessing an administrative fine for a first-time offense, pursuant to this section, the hearing officer shall take into consideration the person's ability to pay the fine. The enforcement agency shall provide the person with notice of their right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay detennination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(2) If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the enforcement agency shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section.
(3) The enforcement agency may waive the administrative fine or may offer an alternative disposition.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition ofa crime within the meaning of Section 6 of Article XIII B of the California Constitution.
0 92
3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 1/22 Chapter 3.40
BUSINESS TAX
Sections:
3.40.010 Purpose.
3.40.020 Effect on other fees and charges.
3.40.030 Chapter controlling.
3.40.040 Definitions.
3.40.050 Imposition of tax.
3.40.060 Business tax certificate required.
3.40.061 Business tax certificate application.
3.40.062 Appeal process.
3.40.070 Business location.
3.40.080 Branch establishments.
3.40.090 Notice not required by City.
3.40.100 When annual tax due and payable.
3.40.110 Penalty for delinquent or nonpayment.
3.40.120 Exemptions from tax.
3.40.130 Reserved.
3.40.140 Business tax constitutes debt to City – Collection of unpaid taxes.
3.40.150 Transferability – Changes to affidavit.
3.40.160 Issuance of business tax certificate.
3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 2/22
3.40.170 Duplicate tax certificate.
3.40.180 Business tax certificate record.
3.40.190 Confidential documents.
3.40.200 Display of certificate.
3.40.210 Administrative rules and regulations.
3.40.220 Affidavit to be submitted where business tax based on number of employees – Information required.
3.40.230 Renewal generally – Affidavit and information required.
3.40.240 Statements not conclusive.
3.40.250 Extensions of time for filing sworn declarations.
3.40.260 Director of Finance duties.
3.40.270 Violations.
3.40.280 City Attorney’s duties.
3.40.290 Enforcement.
3.40.300 Effect of annexation.
3.40.310 General schedule for person having fixed place of business within City.
3.40.320 Application of fees schedule in SCCC 3.40.310 to certain business within City.
3.40.330 Business subject to fixed tax.
3.40.340 Business without a fixed place of business in city.
3.40.350 Rental units.
3.40.360 Rental unit – Surcharge.
3.40.370 Vehicles used for commercial purposes.
3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 3/22
3.40.380 Public markets.
3.40.390 Vending operator – Persons exempt.
3.40.400 Automatic amusement games, devices or coin-operated machines.
3.40.410 Shooting galleries, golf ranges and similar type businesses.
3.40.420 Theaters.
3.40.430 Entertainment definitions.
3.40.440 Entertainment tax certificate.
3.40.450 Class I entertainment tax.
3.40.460 Class II entertainment tax.
3.40.470 Class III entertainment tax.
3.40.480 Procedure.
3.40.490 Transferability.
3.40.500 Handbill distribution.
3.40.010 Purpose.
This chapter is enacted to raise revenue for municipal purposes and not for the purpose of regulation.
The payment of a business tax required by this chapter, and its acceptance by the City, and the issuance of a business tax certificate to any person shall not entitle the holder thereof to carry on any business unless he or she has complied with all of the requirements of the City Code and all other applicable laws, nor to carry on any business in any building, on any premises, or in any location designated in such business tax certificate in the event that such building, premises or location is situated in a zone or locality in which the conduct of such business is in violation of any law. (Ord. 1923 § 1, 4-8-14).
3.40.020 Effect on other fees and charges.
Persons required to pay a business tax for transacting and carrying on any business under this chapter shall not be relieved from the payment of any other charge, fee, or tax as may be imposed by the City for the privilege of doing business within the city, or for the cost of regulating a business, and 3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 4/22 such persons shall remain subject to the regulatory provisions of all other ordinances, codes, and resolutions of the City, including but not exclusive to regulations for zoning, building, fire, and safety. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.101).
3.40.030 Chapter controlling.
To the extent that the provisions of this chapter are inconsistent with the provisions of any other chapter of the City Code or parts thereof, the provisions of this chapter shall be deemed controlling. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.102).
3.40.040 Definitions.
The words and terms used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
(a) “Business tax certificate” means the document issued as a result of a completed tax affidavit and taxes paid.
(b) “Business” means all and every kind of profession, vocation, trade or activity, whether or not carried on for profit or gain.
(c) “Business community” means any and all areas of the City not zoned as residential. (d) “Director” means the Director of Finance or his or her designee. (e) “Employee” means any or all persons engaged in the operation or activity of any business, whether as owner, a corporate officer, a partner, agent, manager, solicitor or any and all persons employed or working in such business either full time, part-time, permanent or temporary. (f) “Fiscal year” means an accounting period of twelve (12) months commencing upon the payment of a business tax and every twelve (12)-month period thereafter. (g) “Handbill distributor” means one who distributes any commercial advertising, booklet, card, circular, dodger, newspaper, pamphlet, sample specimen, sheet or other printed or written notices, advertising any art, article, business, commodity, entertainment, meeting, merchandise, person, service, skill or thing offered, sold, or rendered for hire, reward, price, trade or profit. (h) “Itinerant merchant” means any person, or employee, who engages in a business in the city by selling or offering for sale articles, goods, merchandise or wares of value, for period of not more than one hundred ninety (190) consecutive days and who, for the purpose of carrying on such business, hires, leases or occupies any room, building or structure on any real property on or adjoining any 3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 5/22 street or public place in the city. Such person shall not be relieved from the provisions of this section by reason of associating temporarily with any local dealer, trader, merchant or auctioneer or, by reason of conducting such business in connection with or as a part of any local business or in the name of any local dealer, trader, merchant or auctioneer. (i) “Number of employees” means the number of persons employed in the business as anticipated, or the number of employees including owner(s) at time of renewal. (j) “Parade vendor” means any person, or employee, who engages in the business of selling or offering for sale and immediate delivery any goods, merchandise, thing or wares in the possession of the vendor, at or along the route of any parade or procession operating pursuant to a permit from the City Council.
(k) “Person” means all domestic and foreign corporations, limited liability company, firms, associations, syndicates, joint stock corporations, partnerships of every kind, clubs or common law trusts, societies and individuals engaged in any business in the city other than as an employee. (l) “Public market” means any business location where:
(1) A public market operator rents space to public market vendors and such space is not open to members of the general public more than three days in any seven-day period starting on Sunday except in the month of December, when no time restrictions shall apply; and (2) Any new, used, or antique goods, clothing or other personal property or food items are offered or displayed for sale or exchange, and either:
(A) A fee is charged to the public market vendors for the privilege of offering or displaying such goods for sale or exchange to members of the general public admitted to the event or location, and/or
(B) A fee is charged to prospective buyers or where a membership or other card is required for admission to the event or location where such goods are offered or displayed for sale or exchange by public market vendors to members of the general public admitted to the event or location.
(m) “Public market operator” means any individual, partnership, corporation, business association, or other person or entity that sponsors, controls, manages, operates, or otherwise conducts a public market.
3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 6/22 (n) “Public market vendor” means any individual, partnership, corporation, business association, or other person or entity that sells, exchanges, displays, or offers for sale or exchange any new, used, or antique goods, clothing, personal property or food items, or services at a public market. (Ord. 1923 § 2, 4-8-14).
3.40.050 Imposition of tax.
The City does hereby tax, as provided in this chapter, each and every kind of business transacted, conducted, exhibited or carried on in the city, at the rates named and prescribed in this chapter. If more than one business shares a business location, each business is required to apply and pay the prescribed tax. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.104).
3.40.060 Business tax certificate required.
It shall be unlawful for any person to transact or carry on any business in the city without first having paid the business tax to the City and having obtained a valid business tax certificate or renewal, in compliance with all applicable provisions of the City Code. (Ord. 1923 § 3, 4-8-14).
3.40.061 Business tax certificate application.
(a) Any person applying for a tax certificate shall make application upon a form provided by the Director, which form shall provide such information as may be required to show compliance with all City, State and Federal laws, and as may be necessary to determine ownership, the nature of the business, occupancy requirements, location, and the classification and amount of tax due. (b) All applicants shall pay a tax computed on the number of employees or the fixed amount as provided in this chapter upon submitting the application. (c) When necessary, the Director or designee shall refer an application or a notice of changed or new addresses to the appropriate City officers or staff for determination as to whether the proposed business activity and the premises in which it is to be conducted comply with applicable laws and ordinances. In the event it is determined that the proposed activity may not be maintained in compliance with the law, the Director or designee shall so inform the applicant and no new or renewed tax certificate may issue.
(d) Failure of the City to approve, deny, or act upon the application within one hundred eighty (180) days shall be deemed a denial of the application. (Ord. 1923 § 4, 4-8-14).
3.40.062 Appeal process.
An appeal from denial of issuance of a business tax certificate may be made under the procedures set forth in Chapter 2.115 SCCC. (Ord. 1923 § 5, 4-8-14; Ord. 2007 § 3, 11-19-19). 3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 7/22
3.40.070 Business location.
Business tax fees are based on the actual physical location of the business within the jurisdictional limits of the City of Santa Clara. A mail stop, post office box or other such mail address is not considered a valid business location for the purpose of fire and safety inspection. All business not physically located within the jurisdictional limits of the City of Santa Clara are considered out-of-town and must pay taxes as established for out-of-town businesses regardless of whether they have a mailing address in the City of Santa Clara. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.106).
3.40.080 Branch establishments.
A separate business certificate must be obtained for each branch establishment or location of the business. When any person conducts, at one location, businesses classified separately by this chapter, such person shall pay the higher of the taxes. (Ord. 1721 § 2, 10-27-98. Formerly § 15-
1.107).
3.40.090 Notice not required by City.
The Director of Finance is not required to send a renewal, delinquency or other notice or bill to any person subject to the provisions of this chapter and failure to send notice or bill shall not affect the validity of any tax or penalty due. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.108).
3.40.100 When annual tax due and payable.
The annual business tax imposed under the provision of this chapter shall be due and payable at the time of commencement of business activity or upon occupying space in the business community and such certificate shall expire twelve (12) months after the date of application. The tax for the renewal of such certificate shall be due and payable upon expiration of the prior certificate. No tax paid herein shall be refundable. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.109).
3.40.110 Penalty for delinquent or nonpayment.
The penalty for noncompliance shall be:
(a) Any person who fails to apply for a tax certificate and fails to pay the tax as determined on or within thirty (30) days after opening, engaging in business, or occupying space in the business community, shall be subject to a penalty of one hundred percent (100%) of the tax due. (b) Every annual tax which is not received and paid within a period of thirty (30) days after the tax became due is hereby declared to be delinquent, and a penalty of one hundred percent (100%) of the tax will be added to the tax due.
(c) Whenever a check is submitted in payment of a business tax and said check is subsequently returned unpaid by the bank upon which said check is drawn for any reason, the taxpayer shall be 3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 8/22 liable to pay a nonsufficient funds charge, the correct tax amount due, and a penalty. (d) If any person fails to pay the annual renewal tax within ninety (90) days after the tax becomes due, his or her business tax certificate is considered revoked. The City is not required to send a notice of revocation for the revocation to be valid. Following revocation, the person must reapply for a new business tax certificate, pursuant to SCCC 3.40.061, and pay all associated penalties. Failure to reapply for a new business tax certificate shall constitute a violation, pursuant to SCCC 3.40.270. (Ord. 1721 § 2, 10-27-98; Ord. 1923 §§ 6, 7, 4-8-14. Formerly § 15-1.110).
3.40.120 Exemptions from tax.
No tax prescribed in this chapter shall be deemed or construed to apply to any of the following persons who are exempt from payment thereof upon submission of proof of exemption:
(a) Charitable and Nonprofit Organizations. Any church, school, charitable, benevolent or social organizations having exempt status under Federal tax law. (b) Conflict With Federal and State Law. Any person conducting any business exempt by virtue of the Constitution, or applicable statutes of the United States or of the State of California from the payment to municipal corporations of such taxes as are herein prescribed. (c) Disabled Veterans. Disabled veterans exemption pursuant to the requirements of Section 16001 or 16001.5 of the California Business and Professions Code. (d) Employees. No person who is an employee shall be required to pay a tax for doing any part of the work of such business for which a tax certificate has been issued. (e) Interstate Commerce. Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any tax provided for in this chapter upon the ground that such tax casts a burden upon his/her right to engage in commerce with foreign nations or among the several states or conflicts with the regulations of the United States Congress respecting interstate commerce, shall file an affidavit or a declaration under penalty of perjury with the Director of Finance describing the interstate or other character of his/her business which entitled him to such exemption. (f) Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or the State of California for payment of such taxes as are herein prescribed. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.111).
3.40.130 Reserved.
3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 9/22 (Ord. 1923 § 8, 4-8-14).
3.40.140 Business tax constitutes debt to City – Collection of unpaid taxes.
The amount of any tax imposed by this chapter shall be deemed a debt to the City. Any person carrying on any business covered in this chapter without having lawfully paid a tax to the City to do so shall be liable to a civil action in the name of the City in any court of competent jurisdiction for the amount of the required tax, penalties, and court costs. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.113).
3.40.150 Transferability – Changes to affidavit.
A certificate issued pursuant to this chapter shall not be transferable. When a certificate has been issued authorizing a specifically named person to transact and carry on a specific type of business at a specific location, the business shall, upon application in writing, and the payment of the prescribed fee, have such certificate records amended to include any change of name, type of business, or address. Any business for which such a change must be made shall pay a fee as fixed by resolution of the City Council for the handling and processing of such change. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.114).
3.40.160 Issuance of business tax certificate.
All certificates issued under the provisions of this chapter shall be issued by the Director of Finance or authorized employees and shall state the name of the business, the location of the business, the mailing address, the type of business being conducted at the listed location, the amount of the tax paid, the expiration date of the certificate and additional information that may be required. A business tax certificate will be issued upon the determination by the Director and any other necessary City departments that the business tax has been paid and that the business tax certificate affidavit information is accurate, that the business applicant is operating legally pursuant to all applicable Federal, State and local laws, and there are no business operations that endanger the public. (Ord. 1923 § 9, 4-8-14).
3.40.170 Duplicate tax certificate.
A duplicate business tax certificate may be issued by the Director of Finance to replace a previously issued certificate that has been lost or destroyed upon the owner filing a written request attesting to such fact, and paying a fee as fixed by the resolution of City Council for handling and processing of such request. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.116).
3.40.180 Business tax certificate record.
The Director of Finance shall maintain a “public business tax certificate record,” which shall contain the name of the business, the location of the business, the type of business and the time period for which the certificate is issued. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.117). 3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 10/22
3.40.190 Confidential documents.
Except as provided for under Section 6254 of the Public Records Act, the affidavit, statements and any other documents required by this chapter to be filed, shall be deemed confidential in character and shall not be subject to public inspection, and shall be kept so that the contents thereof, shall not become known except to:
(a) The persons charged with administration of this chapter; (b) City employees for the sole purpose of administering or enforcing any provisions of this article; (c) Federal or State officials, or to a grand jury or court of law, upon subpoena. (Ord. 1721 § 2, 10-27-
98. Formerly § 15-1.118).
3.40.200 Display of certificate.
Every person to whom a certificate is issued, shall keep the same conspicuously posted in or about the place where the business is located or conducted. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.119).
3.40.210 Administrative rules and regulations.
The Director of Finance may make rules and regulations not inconsistent with the provisions of this Code for the purpose of administering the provisions of this chapter. The Director of Finance shall further have the power to compromise any claims as to the amount of any tax due and paid. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.120).
3.40.220 Affidavit to be submitted where business tax based on number of employees – Information required.
Upon making application for the first certificate to be issued under this chapter where the amount of the tax is measured by the number of employees, the applicant shall furnish to the Director of Finance, for guidance in ascertaining the amount of such tax, a signed affidavit under penalty of perjury, upon a form provided by the Director of Finance, setting forth such information as may be necessary to determine the amount of the tax. The amount of the tax is determined by the number of persons engaged in the business at the time of application. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.121).
3.40.230 Renewal generally – Affidavit and information required.
In all cases, the applicant for renewal of a certificate shall submit to the Director of Finance, for guidance in ascertaining the amount of the tax to be paid by the applicant, a written affidavit under penalty of perjury upon a form provided by the Director of Finance, setting forth such information concerning the applicant’s business as may be required by the Director of Finance to ascertain the amount of tax to be paid by such applicant pursuant to the provision of this chapter. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.122).
3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 11/22
3.40.240 Statements not conclusive.
No statement set forth in any affidavit required by this chapter shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City from collecting by appropriate action such sum as is actually due and payable under this chapter. Such affidavit and each of the several items therein contained shall be subject to review and verification by the Director of Finance, or authorized employees of the City. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.123).
3.40.250 Extensions of time for filing sworn declarations.
The Director of Finance shall have the power, for good cause shown, to extend the time for filing any sworn statement required under this chapter and in such case to waive any penalty that would otherwise have accrued. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.124).
3.40.260 Director of Finance duties.
The Director of Finance shall make diligent effort to discover all persons conducting any business in the city for which a certificate is required by the provisions of this chapter. (Ord. 1721 § 2, 10-27-98.
Formerly § 15-1.125).
3.40.270 Violations.
The issuance of a certificate under this chapter shall not entitle the person(s) to engage in any business which for any reason is in violation of any law or provision of this Code. (a) Separate Violation. The conducting of business in the city or occupying space in the business community, without first having procured a business tax certificate from the City to do so, or without complying with any and all regulations of such business contained in this chapter shall be a separate violation hereof for each and every day that such business is so carried on. (b) Violations. Pursuant to SCCC 1.05.070, the City, in its prosecutorial discretion, may enforce violation(s) of the provisions of this chapter as a criminal, civil, and/or administrative action. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.126).
3.40.280 City Attorney’s duties.
The Director of Finance may at any time request the City Attorney to bring a civil suit in the name of the City for the recovery of any tax from any person who conducts a business without procuring the certificate required by this chapter, or not paying the prescribed tax, and the recovery of such tax and penalties due thereon. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.127).
3.40.290 Enforcement.
The Director of Finance is hereby directed to enforce each and all of the provisions of this chapter, and the Chief of Police shall render such assistance in the enforcement hereof as may from time to 3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 12/22 time be required by the Director of Finance. The Director of Finance, in the exercise of the duties imposed hereunder, and acting through deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this chapter have been complied with.
The Director of Finance, all duly authorized assistants and any police officers shall have the following powers:
(a) To enter free of charge, and at any reasonable time during business hours, any place of business required to be certified herein, and demand an exhibition of its certificate. Any person to whom a certificate is issued shall exhibit the same on demand. (b) To issue citations for any violations of this chapter. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.128).
3.40.300 Effect of annexation.
All existing businesses brought under the jurisdiction of the City by annexation procedures shall conform to the provisions of this chapter within thirty (30) days of the effective date of such annexation. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.129).
3.40.310 General schedule for person having fixed place of business within City.
Every person having a fixed place of business within the city and who engages in any business not listed in SCCC 3.40.330 shall pay a tax based on the number of employees as defined and set forth in this chapter, according to the following rate schedules:
SCHEDULE NO. 100 –
COMMERCIAL EMPLOYEE(S)
1 $ 15.00
2 – 5 30.00
6 – 10 70.00
11 – 15 90.00
16 – 20 115.00
21 – 25 175.00
26 – 30 225.00
31 – 40 280.00
41 – 55 330.00
3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 13/22 SCHEDULE NO. 100 –
COMMERCIAL EMPLOYEE(S)
56 – 75 380.00
76 – 100 460.00
101+ 500.00
SCHEDULE NO. 200 –
PROFESSIONAL EMPLOYEE(S)
1 $ 15.00
2 – 3 30.00
4 – 6 70.00
7 – 10 90.00
11 – 20 115.00
21 – 25 175.00
26 – 35 225.00
36 – 40 280.00
41 – 45 330.00
46 – 50 380.00
51 – 55 460.00
56+ 500.00
SCHEDULE NO. 300 –
MANUFACTURING EMPLOYEE(S)
1 – 3 $ 15.00
4 – 20 45.00
21 – 30 65.00
31 – 50 100.00
51 – 75 135.00
76 – 100 175.00
101 – 125 225.00
126 – 175 280.00
3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 14/22 SCHEDULE NO. 300 –
MANUFACTURING EMPLOYEE(S)
176 – 225 330.00
226 – 300 380.00
301 – 400 460.00
401+ 500.00
(Ord. 1721 § 2, 10-27-98. Formerly § 15-1.130).
3.40.320 Application of fees schedule in SCCC 3.40.310 to certain business within City.
Unless such business is otherwise specifically taxed by other provisions of this chapter, every business in the city shall pay a tax according to the following classification and rate schedule:
(a) Commercial. Any person engaged in the business of offering for sale or selling to the public at wholesale or retail any materials, commodities, goods, wares or merchandise shall pay a tax according to Schedule 100; or
(b) Professional and Semiprofessional Services. Any person engaged in the business of offering professional or semiprofessional services, as that term is ordinarily and commonly used and understood, and shall include those professions requiring governmental certification or a professional degree, but not limited to the practice or profession of: accounting, administrative support, advertising, analyst, appraiser, architectural services, auditing, chiropractic, consultant (all fields), dentistry, drafting, education, engineering (all fields), finance, law, medicine, mortician, optometry, physical therapist, property management, real estate (broker and agent), research and development, taxidermist, technical support, veterinary and writers shall pay a tax according to Schedule 200; or (c) Manufacturing. Any person engaged in the business of making any article, device, good, or item from raw material, to be sold for wholesale shall pay a business tax according to Schedule 300; or (d) Any person engaged in any other business and businesses herein not defined, including but not limited to those identified as home occupations by Chapter 18.100 SCCC, shall pay a tax according to Schedule No. 100. (Ord. 1721 § 2, 10-27-98; Ord. 1923 § 10, 4-8-14. Formerly § 15-1.131).
3.40.330 Business subject to fixed tax.
Any person carrying on or rendering any service as described in this section shall pay a tax in accordance with the following schedule, and shall be exempt from the tax set forth in SCCC 3.40.310:
3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 15/22 Ambulance service
plus $15.00 per ambulance used in
such service $ 45.00
Carnival, per day 150.00
Carnival concession, ride,
sideshow, per each, per day 15.00
Christmas tree sales (as defined in
SCCC 5.15.030) 150.00
Circus, per day 150.00
Circus concession, ride, sideshow,
per each, per day 15.00
Detective agency 150.00
Entertainment permit Class I
First year 263.00
Annual renewal 210.00
Entertainment permit Class II
First year 90.00
Annual renewal 75.00
Entertainment permit Class III
First year 413.00
Annual renewal 360.00
Escort service (personal) 150.00
Escort service (funeral) 150.00
Fortuneteller, (as defined in SCCC
5.45.010) 15.00
Intracity bus service and public
transportation 150.00
Itinerant merchant (maximum 190
days) 225.00
Parade vendor (per parade) 15.00
Pawnbroker (as defined in SCCC
5.30.020) 150.00
3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 16/22 Peddler (as defined in SCCC
5.05.010) 113.00
Promotional show, per day 150.00
Promotional show concession,
ride, or sideshow, per each, per
day 15.00
Pumpkin sales lots (as defined in
SCCC 5.15.030) 150.00
Seasonal item sales lot (as defined
in SCCC 5.15.030) 150.00
Secondhand dealer (as defined in
SCCC 5.30.020) 150.00
Solicitor (as defined in SCCC
5.05.010) 113.00
State-licensed contractors 45.00
Taxicab, per vehicle 15.00
Taxicab stand 90.00
(Ord. 1721 § 2, 10-27-98. Formerly § 15-1.132).
3.40.340 Business without a fixed place of business in city.
Unless such business is otherwise specifically taxed by other provisions of this chapter, every person who does not have a fixed place of business in the city, but who is engaged in a business within the city, shall pay a tax of forty-five dollars ($45.00) a year, payable in advance. (Ord. 1721 § 2, 10-27-98.
Formerly § 15-1.133).
3.40.350 Rental units.
(a) Every person engaged in the business of renting rooms, apartments, single-family houses, or other accommodations for dwelling, sleeping or lodging purposes, in the city shall pay the following tax:
(1) Three dollars ($3.00) per annum for each rental unit; (2) Provided, however, that no tax shall be payable under this section, unless the person engaged in such business operates three or more rental units in the city. (b) As used in this section, unit means a room or suite of two or more rooms (including, but not limited to single-family houses) designed for or used as separate accommodations for dwelling, sleeping or 3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 17/22 lodging purposes by a person living alone or two or more persons living together. (Ord. 1721 § 2, 10- 27-98. Formerly § 15-1.134).
3.40.360 Rental unit – Surcharge.
(a) It is contemplated that the City Council will from time to time adjust the amount of the surcharge fee by resolution to cover the changing cost of the mediation services involved with these businesses and to insure that the surcharge fee amount prorated to the rental units shall not exceed the cost of the program services made available.
(b) Any and all fees collected pursuant to this section are dedicated to and shall be used exclusively to pay the costs of the above services rendered in response to needs generated by the subject type of rental businesses.
(c) Those businesses covered under Chapter 3.25 SCCC, and paying the business tax under SCCC
3.40.310, Schedule No. 100, are exempt from paying the rental unit surcharge. (Ord. 1721 § 2, 10-27-
98. Formerly § 15-1.135).
3.40.370 Vehicles used for commercial purposes.
Every person not having a fixed place of business within the city, who engages in any business in the city by means of a regular and established route or delivery system shall pay a tax of twenty-three ($23.00) per vehicle, per year. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.136).
3.40.380 Public markets.
(a) Each public market operator shall pay a tax and obtain a tax certificate from the Director of Finance. Without any reduction for any payment for a tax due or collected from any public market vendor, every public market operator also shall obtain a master certificate in lieu of an individual revenue certificate for each public market vendor who operates a business concession on the premises of a public market. Each public market operator shall collect a tax from each of its public market vendors and each public market vendor shall pay such tax to the respective public market operator in the amount of seventy-five cents ($0.75) per space for each space rented to each public market vendor for each day the public market is open to members of the public for business. This tax, measured by such space rentals, shall be paid to the Director of Finance by the public market operator on a monthly basis, notwithstanding any other provisions of this chapter, and in addition to any other tax that each public market vendor may have paid at any other location in the city. (b) Except as provided in subsection (a) of this section, every person who engages in any business, whether upon a cost, rental, commission basis, or other form of compensation as a concession, or upon rented floor space in or upon the premises of any person covered under any provision of this 3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 18/22 section, shall be required to pay a tax and obtain a separate and independent tax certificate pursuant to the appropriate provisions of this chapter and shall be subject to all provisions of this chapter. (c) The tax payable by any public market vendor to any public market operator shall be paid by the public market operator to the City by the fifteenth (15th) day of the calendar month following the month during which the tax occurred, notwithstanding any other provisions of this section. Any such tax not paid as set forth above shall be delinquent and a penalty of one hundred percent (100%) will be added to the tax and charged to the public market operator responsible for payment. (d) If the public market operator is an entity or organization that is otherwise exempted from the payment of the tax under this chapter, such public market operator shall be required, notwithstanding any other provisions of this chapter, to collect the tax from each public market vendor to whom the public market operator rents space and is obligated to pay the tax as set forth above. Each public market operator may collect tax from the public market vendors but failure to do so shall not relieve the public market operator of any obligations for payment. (e) At the City’s request, each public market operator shall provide written lists of all public market vendors who operated a business concession and the dates, the number of spaces and the number of days each public market vendor rented space at its public market. (f) No public market vendor tax shall be paid by or collected from any public market vendor for participating in any display, fair, or other event held on or in City-leased or City-owned facilities. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.137).
3.40.390 Vending operator – Persons exempt.
Any person engaged in the business of a vending operator shall pay a tax of seventy-nine dollars ($79.00) per year.
The provisions of this section shall not apply to any newspaper publishing business which makes use of such machines in the distribution of newspapers. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.138).
3.40.400 Automatic amusement games, devices or coin-operated machines.
Any person who owns, keeps or maintains, or allows to be kept or maintained, in any building or place in the city owned, leased, managed or controlled by such person, any automatic amusement game for the purpose of permitting the same to be played or operated shall pay the following tax:
3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 19/22 (a) Automatic amusement games
including, but not limited to
pinball machines, video
display games, electronic
amusement devices, and peep
show devices, per machine,
per year $60.00
(b) Juke boxes, per machine, per
year $30.00
(c) Billiard and pool tables $ 8.00
Maximum $80.00
(d) Bowling or tenpin lanes (noncoin-operated), per lane, per year $ 8.00
Maximum $80.00
Nothing in this chapter shall be construed to permit the operation, keeping, maintaining or use of any gambling device or any apparatus or device, the use, possession, operation or control of which is prohibited by the laws of the State. (Ord. 1721 § 2, 10-27-98; Ord. 1923 § 11, 4-8-14. Formerly § 15-
1.139).
3.40.410 Shooting galleries, golf ranges and similar type businesses.
Every person engaged in the business of operating a shooting gallery, trampoline, skating rink, miniature golf range, pitch and putt course, golf driving range, baseball batting range, or any similar place of business shall pay an annual tax according to rate Schedule 200 of SCCC 3.40.310. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.140).
3.40.420 Theaters.
Every person engaged in the business of operating a live or motion picture theater shall pay a tax based on the following rate schedule:
(a) Theaters having zero to five
hundred (500) seats shall pay,
per year $23.00
3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 20/22 (b) Theaters having five hundred
one (501) to one thousand
(1,000) seats shall pay, per
year $30.00
(c) Theaters having one thousand
one (1,001) or more seats
shall pay, per year $45.00
(Ord. 1721 § 2, 10-27-98. Formerly § 15-1.141).
3.40.430 Entertainment definitions.
The words and terms used for issuance of an entertainment tax certificate shall have the following meanings unless the context clearly indicates otherwise:
(a) “Class I entertainment” means any act, play, review, pantomime, scene, song, dance act, song and dance act, poetry recitation, fashion or style show conducted or participated in by any professional entertainer in or upon any premises to which the public is admitted. (b) “Class II entertainment” means any act, play, review, pantomime, scene, song, dance act, song and dance act, poetry recitation, fashion or style show conducted or participated in by a nonprofessional person or persons in or upon any premises to which the public is admitted. (c) “Class III entertainment” means the act of any person while visible to any customer, in any public place, unclothed or in such attire, costume or clothing as to expose to any person any portion of the body having a different pigmentation than the remainder of the body or any part of the pubic region or the anal region or crease of the buttocks of any such person. (d) “Entertainment” does not mean or include:
(1) Mechanical music alone; or
(2) Dancing participated in only by customers; however, this subsection does not exempt exhibition dancing by a person or persons receiving compensation for such exhibition dancing. (e) “Professional entertainer” means a person or persons who engages for livelihood or gain in the presentation of entertainment. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.142).
3.40.440 Entertainment tax certificate.
(a) No person shall conduct, permit or assist in conducting or permitting any entertainment as defined in SCCC 3.40.430(a), to be shown, staged, exhibited or produced in any premises to which the public 3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 21/22 is admitted as, or as part of, a business unless and until a Class I entertainment tax certificate has been obtained from the Director of Finance.
(b) No person shall conduct, permit or assist in conducting or permitting any entertainment as defined in SCCC 3.40.430(b), to be shown, staged, exhibited or produced in or upon any premises to which the public is admitted as, or as a part of, a business unless and until a Class II entertainment tax certificate has been obtained from the Director of Finance. (c) No person shall conduct, permit or assist in conducting or permitting any entertainment as defined in SCCC 3.40.430(c), to be shown, staged, exhibited or produced in or upon any premises to which the public is admitted as, or as a part of, a business unless and until a Class III entertainment tax certificate has been obtained from the Director of Finance. (Ord. 1721 § 2, 10-27-98. Formerly § 15-
1.143).
3.40.450 Class I entertainment tax.
(a) The first year Class I entertainment tax shall be two hundred and sixty-three dollars ($263.00). (b) The annual renewal tax for Class I entertainment shall be two hundred and ten dollars ($210.00). (c) Where the applicant has a valid business tax certificate pursuant to SCCC 3.40.310 for the same location covering the same period of time, the amount of business tax paid shall be deducted from the first year Class I entertainment tax of two hundred and sixty-three dollars ($263.00) due. If the Class I entertainment tax is not paid within thirty (30) days of notification, the amount due shall be subject to a penalty of one hundred percent (100%). (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.144).
3.40.460 Class II entertainment tax.
(a) The first year Class II entertainment tax shall be ninety dollars ($90.00). (b) The annual renewal tax for Class II entertainment shall be seventy-five dollars ($75.00). (c) Where the applicant has a valid business tax certificate pursuant to SCCC 3.40.310 for the same location covering the same period of time, the amount of business tax paid shall be deducted from the first year Class II entertainment of ninety dollars ($90.00) due. If the Class II entertainment tax is not paid within thirty (30) days of notification, the amount due shall be subject to a penalty of one hundred percent (100%). (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.145).
3.40.470 Class III entertainment tax.
(a) The first year Class III entertainment tax shall be four hundred and thirteen dollars ($413.00). 3/29/23, 9:18 AM Chapter 3.40 BUSINESS TAX
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara03/SantaClara0340.html#3.40 22/22 (b) The annual renewal tax for Class III entertainment shall be three hundred and sixty dollars ($360.00). (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.146).
3.40.480 Procedure.
No Class III entertainment certificate shall be obtained from or issued by the Director of Finance unless and until approval from the City Council has been issued in accordance with Chapter 5.60 SCCC. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.147).
3.40.490 Transferability.
An entertainment certificate issued pursuant to this chapter shall not be transferable from person to person or location to location. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.148).
3.40.500 Handbill distribution.
The business tax imposed for handbill distribution by a business without a fixed location in the city is set forth in SCCC 3.40.340. Where handbill distribution is by the owner of the business advertised with a fixed location in the city, the business tax is set forth in SCCC 3.40.310 or 3.40.330. If the business holds an active business tax certificate and requests to distribute handbills, a change in the type of business shall be made according to SCCC 3.40.150. (Ord. 1721 § 2, 10-27-98. Formerly § 15-1.149).
The Santa Clara City Code is current through Ordinance 2056, and legislation passed through November 15, 2022.
Disclaimer: The City Clerk's Office has the official version of the Santa Clara City Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
City Website: https://santaclaraca.gov/
City Telephone: (408) 615-2220
Code Publishing Company
3/29/23, 9:15 AM Chapter 5.05 SOLICITORS AND PEDDLERS
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara05/SantaClara0505.html#5.05 1/17 Chapter 5.05
SOLICITORS AND PEDDLERS
Sections:
Article I. General Provisions
5.05.005 Purpose.
5.05.010 Definitions.
5.05.020 Permit requirements and exemptions.
5.05.030 Responsibility of supplier – Goods to be peddled.
5.05.040 Permit application.
5.05.050 Fingerprints required.
5.05.060 Background investigation fees.
5.05.070 Application review and permit issuance.
5.05.080 Identification and photograph required.
5.05.090 Denial of permit.
5.05.100 Appeal from denial of permit.
5.05.110 Permit expiration.
5.05.120 Transfer prohibited.
5.05.130 Business tax certificate required.
5.05.140 Persons claiming tax exemption.
5.05.150 Application to persons requiring a certificate under other provisions of this chapter.
5.05.160 Application to certain persons not maintaining a fixed location within the city. 3/29/23, 9:15 AM Chapter 5.05 SOLICITORS AND PEDDLERS
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara05/SantaClara0505.html#5.05 2/17
5.05.170 Conditions of permit – Operating regulations.
5.05.180 Noise restrictions.
5.05.190 Observance of “No Solicitors” or “No Peddlers” signs.
Article II. Solicitation of Employment, Business or Contribution of Money or Other Property from Vehicles and Motor Vehicle-Based and Mobile Unit Peddlers
5.05.210 Prohibition of solicitation in public right-of-way or public parking lots.
5.05.220 Prohibition of solicitation in unauthorized locations within commercial parking areas.
5.05.230 Parking restrictions – Motor vehicle-based and mobile unit peddlers.
5.05.240 Congestion restriction for motor vehicle-based and mobile unit peddlers.
5.05.250 Inspections of motor vehicle-based and mobile units.
5.05.260 Approved location permit terms and conditions.
5.05.270 Limitations on approved locations.
5.05.280 Solicitation and peddling in parks prohibited.
Article III. Operating Regulations and Permit Conditions for Ice Cream Trucks
5.05.300 Definitions.
5.05.310 Permit required.
5.05.320 Conditions of permit.
5.05.330 Operating regulations.
5.05.340 Noise restrictions.
5.05.350 Restriction on riders.
5.05.360 Vehicle inspections – Certification.
3/29/23, 9:15 AM Chapter 5.05 SOLICITORS AND PEDDLERS
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara05/SantaClara0505.html#5.05 3/17 Article I. General Provisions
5.05.005 Purpose.
The purpose of this chapter is to protect against criminal activity, including fraud and burglary, minimize the unwelcome disturbance of citizens and the disruption of privacy, avoid traffic congestion and accidents, and to otherwise preserve the public health, safety and welfare by regulating and controlling door-to-door and place-to-place solicitors and peddlers. (Ord. 1718 § 2, 10-27-98; Ord. 1811 § 1, 10-10-06).
5.05.010 Definitions.
The words and terms used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
(a) “Approved location” means a site designated by the Chief of Police as an approved site from which a peddler, operating from a mobile unit, may sell his or her products. (b) “Business” means and includes any type of product, good, service, performance or activity which is provided or performed, or offered to be provided or performed, in exchange for money, labor, goods or any other form of consideration.
(c) “Charitable” means and includes the words patriotic, philanthropic, social service, health, welfare, benevolent, educational, civic, cultural or fraternal, either actual or purported. (d) “Chief of Police” means the elected Chief of the Santa Clara Police Department, or his/her duly authorized agents and representatives.
(e) “Contributions” means and includes the words alms, money, subscription, property or any donations under the guise of a loan or money or property. (f) “Employee” means any person who works for or on behalf of the business operator. (g) “Employment” shall mean and include services, industry or labor performed by a person for wages or other compensation or under any contract of hire, written or oral, express or implied. (h) “Mobile unit” means any vehicle, truck, trailer, push cart, wagon, bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation, which is not required to have a license to operate issued by the California Department of Motor Vehicles. (i) “Motor vehicle” means any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles.
3/29/23, 9:15 AM Chapter 5.05 SOLICITORS AND PEDDLERS
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara05/SantaClara0505.html#5.05 4/17 (j) “Peddler” means any person who sells and makes immediate delivery or offers for sale and immediate delivery any goods, wares, merchandise, or thing in the possession of the seller, at any place in the City other than at a fixed place of business. (k) “Peddling” means traveling by foot, motor vehicle, mobile unit or any other type of vehicle, from place to place, and selling or vending any goods, wares, merchandise, products, or any other thing on any private property, or on any street, sidewalk, right-of-way, park or other public place. Peddling also means selling or vending any goods, wares, merchandise, products or any other thing from an approved location on any private property or on any street, sidewalk, right-of-way, park or other place. (l) “Peddling activities” means the business of peddling; or the business of supplying, providing, or selling goods, wares, merchandise, products, or any other thing on consignment to be peddled by another person; or the business of supplying, providing, or renting mobile units or motor vehicles for use by another person in peddling.
(m) “Permittee” means the holder of a business permit.
(n) “Person” means a natural person or any firm, corporation, association, club, society or other organization.
(o) “Solicit” means and includes any request, offer, enticement, or action which announces the availability of a person for employment or availability to provide services for compensation, the sale of goods, or a request for money or other property; or any request, offer, enticement or action which seeks to purchase or secure employment or goods, or to solicit a contribution of money or other property. As defined herein, a solicitation shall be deemed complete when made whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money or other property takes place.
(p) “Solicitor” means any person who goes from place to place in the City, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature and offers property of any nature for future delivery, or for services to be performed in the future. This definition also includes any person who, without invitation, goes from place to place to request contribution of funds or anything of value, or sell goods or services for political, charitable, religious, or other noncommercial purposes.
(q) “Solicitation” includes all activities ordinarily performed by a solicitor. A solicitation is deemed complete when made, whether or not an employment relationship is created, a transaction completed, or an exchange of money or other property takes place. (Ord. 1718 § 2, 10-27-98; Ord. 1811 § 1, 10- 10-06. Formerly § 7-1).
3/29/23, 9:15 AM Chapter 5.05 SOLICITORS AND PEDDLERS
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara05/SantaClara0505.html#5.05 5/17
5.05.020 Permit requirements and exemptions.
It shall be unlawful for any person to engage in solicitation or peddling activities within the City without first obtaining a permit issued by the Chief of Police; provided, however, that the following are exempt from the provisions of this section:
(a) Any solicitation made upon premises owned or occupied by an organization upon whose behalf the solicitation is made.
(b) Any communication by an organization soliciting contributions solely from persons who are members of the organization at the time of such solicitation. (c) Any solicitation in the form of a collection at a regular meeting, assembly or service of a charitable person.
(d) Employees for wholesale houses or firms who sell to retail dealers for resale or sell to manufacturers for manufacturing purposes or to bidders for public works or supplies. (e) Newspaper employees delivering newspapers by subscription. (f) Any City-run or City-sponsored or sanctioned program. (Ord. 1718 § 2, 10-27-98; Ord. 1811 § 1, 10-10-06. Formerly § 7-2).
5.05.030 Responsibility of supplier – Goods to be peddled.
Any person who supplies independent contractors or employees with goods, merchandise or wares to be sold by means of soliciting or peddling within the city shall make known in writing, to said person, the requirements of this chapter. (Ord. 1718 § 2, 10-27-98; Ord. 1811 § 1, 10-10-06. Formerly § 7-3).
5.05.040 Permit application.
Every person or business intending to engage in the business of soliciting or peddling shall file an application for a permit with the Chief of Police. The application shall be signed under penalty of perjury and contain the following information:
(a) Name, physical description, residential address and telephone number of the applicant. (b) The date of birth and driver’s license or other identification number of the applicant. (c) The type of goods, merchandise, wares or services offered for sale. (d) The method of solicitation, order taking or peddling. 3/29/23, 9:15 AM Chapter 5.05 SOLICITORS AND PEDDLERS
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara05/SantaClara0505.html#5.05 6/17 (e) The name, address and telephone number of the company, sponsor or individual for which the orders are to be secured.
(f) The method of delivering the order.
(g) The hours of the peddling or solicitation.
(h) A statement as to whether or not the applicant has been convicted of any criminal offense, other than minor traffic violations. For any such offense, the nature of the offense, the date and place of conviction and the penalty imposed must be provided. (Ord. 1718 § 2, 10-27-98; Ord. 1811 § 1, 10-10-
06. Formerly § 7-4).
5.05.050 Fingerprints required.
In addition to the information required in SCCC 5.05.040, at the time of filing an applicant shall be fingerprinted with a record of such filed in the Police Department bureau of identification. The Chief of Police shall cause an investigation to be made of the statements in the application and of the background of the applicant. (Ord. 1718 § 2, 10-27-98; Ord. 1811 § 1, 10-10-06. Formerly § 7-5).
5.05.060 Background investigation fees.
At the time the application is filed with the Department, the applicant shall pay a fee to cover the cost to the City of investigating the facts stated therein and processing and providing the identification card required in SCCC 5.05.080. The fee shall be established by resolution of the City Council and shall apply to each individual solicitor or peddler. (Ord. 1718 § 2, 10-27-98; Ord. 1811 § 1, 10-10-06.
Formerly § 7-6).
5.05.070 Application review and permit issuance.
(a) Upon receipt of an application, the Chief of Police, or designee, shall review the application as deemed necessary to ensure the protection of the public health, safety and general welfare. (b) Within a reasonable time after receipt of the application, the Chief of Police shall endorse his/her approval on the application if the Chief determines that there is no ground for denial of the permit, as set forth in SCCC 5.05.090. Applicant shall be directed to pay a business tax as required in SCCC
5.05.130. (Ord. 1718 § 2, 10-27-98; Ord. 1811 § 1, 10-10-06. Formerly § 5.05.080 (prior code § 7-8)).
5.05.080 Identification and photograph required.
Upon approval of permit application by the Chief of Police, the solicitor or peddler will be issued an identification card with photograph. Such identification issued shall be kept in the applicant’s immediate possession at all times when engaged in the business of soliciting or peddling. Such individual shall present the identification card for examination upon demand by a City official enforcing 3/29/23, 9:15 AM Chapter 5.05 SOLICITORS AND PEDDLERS
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara05/SantaClara0505.html#5.05 7/17 the provisions of this Code. (Ord. 1718 § 2, 10-27-98; Ord. 1811 § 1, 10-10-06. Formerly § 5.05.070 (prior code § 7-7)).
5.05.090 Denial of permit.
(a) Upon the Chief of Police’s review of the application, the Chief of Police may refuse to issue a permit to the applicant under this chapter for any of the following reasons:
(1) The investigation reveals that the applicant falsified information on the application, concealed a material fact or otherwise committed any fraud in the application; (2) The applicant has been convicted of a misdemeanor/felony involving a sex offense, trafficking in controlled substances, kidnapping, or any violent acts against persons and/or children; (3) The applicant has been convicted of a misdemeanor/felony involving an offense against private property interests, such conviction being entered within the five years preceding the date of application. Such property offenses include, but are not limited to, larceny, false pretense, fraud, grand theft and embezzlement;
(4) The applicant has been denied a permit under this chapter within the immediate past year, unless the applicant can and does show to the satisfaction of the Chief of Police that the reasons for such earlier denial no longer exist;
(5) The applicant has failed to pay the application fee. (b) The Chief of Police’s disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his/her application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or at the applicant’s last known address. (Ord. 1718 § 2, 10-27-98; Ord. 1811 § 1, 10-10-06. Formerly § 7-9).
5.05.100 Appeal from denial of permit.
The decision of the Chief of Police to deny, revoke or suspend a permit may be appealed under the procedures set forth in Chapter 2.115 SCCC. (Ord. 1718 § 2, 10-27-98; Ord. 1811 § 1, 10-10-06; Ord. 2007 § 4, 11-19-19. Formerly § 7-10).
5.05.110 Permit expiration.
The expiration of all permits issued under the provisions of this article shall coincide with the business tax certificate, unless an earlier expiration date is noted on the permit. (Ord. 1718 § 2, 10-27-98; Ord. 1811 § 1, 10-10-06. Formerly § 7-11).
3/29/23, 9:15 AM Chapter 5.05 SOLICITORS AND PEDDLERS
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara05/SantaClara0505.html#5.05 8/17
5.05.120 Transfer prohibited.
It shall be unlawful for any person other than the permittee to use or wear any permit or badge issued under the provisions of this chapter. (Ord. 1718 § 2, 10-27-98; Ord. 1811 § 1, 10-10-06. Formerly § 7- 12).
5.05.130 Business tax certificate required.
Each and every person or persons engaged in the business of soliciting or peddling shall be subject to business tax as stated in SCCC 3.40.330. The business tax certificate shall be issued if the Director of Finance finds:
(a) Approval to solicit or peddle has been granted by the Chief of Police; and (b) The required tax therefor has been paid to the Director of Finance. (Ord. 1718 § 2, 10-27-98; Ord. 1811 § 1, 10-10-06. Formerly § 7-13).
5.05.140 Persons claiming tax exemption.
Any solicitor or peddler who claims to be entitled to an exemption from the payment of any tax provided for under SCCC 3.40.120 shall inform the Chief of Police and provide him with information as to the individuals who will solicit and when the solicitation will be performed. (Ord. 1718 § 2, 10-27-98; Ord. 1811 § 1, 10-10-06. Formerly § 7-14).
5.05.150 Application to persons requiring a certificate under other provisions of this chapter.
Any person maintaining a fixed place of business in the City; provided, that a tax is specifically required under Chapter 3.40 SCCC, shall not be required to pay any additional tax under the provisions of this chapter but shall be required to obtain the necessary peddler’s or solicitor’s permit and photo identification pursuant to SCCC 5.05.080 for each employee so engaged according to the provisions of this chapter. (Ord. 1718 § 2, 10-27-98; Ord. 1811 § 1, 10-10-06. Formerly § 5.05.160 (prior code § 7-16)).
5.05.160 Application to certain persons not maintaining a fixed location within the city.
Every person not previously mentioned in this chapter and not maintaining a fixed place of business in the City but who regularly renders personal or other services or products either by appointment, calls, referral or otherwise from place to place or in the City shall be classified as a peddler and subject to the peddler provisions of this chapter. (Ord. 1718 § 2, 10-27-98; Ord. 1811 § 1, 10-10-06. Formerly § 5.05.170 (prior code § 7-17)).
5.05.170 Conditions of permit – Operating regulations.
Each permit issued by the Chief of Police pursuant to this chapter shall be subject to the terms and conditions set forth in this chapter, as well as any other conditions specifically set forth in the permit. 3/29/23, 9:15 AM Chapter 5.05 SOLICITORS AND PEDDLERS
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara05/SantaClara0505.html#5.05 9/17 The provisions of this chapter shall constitute operating regulations. It shall be unlawful for any person to engage in solicitation or peddling in violation of these provisions. (a) All motor and mobile units operated by the permittee shall be inspected and certified by the Santa Clara County Health Department annually. (Per Health and Safety Code Section 113700.) (b) All motor and mobile units operated by the permittee must have a current Health Department certificate, a current Department of Motor Vehicle registration sticker (if needed) and current vehicle insurance.
(c) All solicitation and peddling upon any private place, or any street, sidewalk, right-of-way, park or other public place in the City shall not occur between one-half hour after sunset and 10:00 A.M. of the following day, except this provision shall not apply to the sale of food items by licensed catering vehicles to employees of industrial establishments at or adjacent to such establishments, or to workers or employees at any construction job site.
(d) Each person who is engaged in solicitation or peddling shall, at all times while so engaged, wear in plain sight on his or her person an identification (ID) card, provided by the Chief of Police, containing such information, including a suitable photograph, as the Chief of Police may determine appropriate. (e) Every peddler, upon the request of any public safety officer or official of the City, shall sign the peddler’s name for comparison with the signature upon the license or card or the signature upon the license application.
(f) Every peddler who solicits orders for future delivery shall, if requested by the customer, provide a receipt plainly stating the quantity of each article or commodity ordered, the price to be paid therefor, the total amount ordered and the amount to be paid on or after delivery. (g) Every peddler shall, if requested by the customer, provide his/her name, business address and telephone number and the name, business address and telephone number of the person, organization, or entity on whose behalf solicitation is being made. (Ord. 1811 § 1, 10-10-06).
5.05.180 Noise restrictions.
(a) No solicitor or peddler shall use, play or cause to be used or played any amplifier, loudspeaker, or any other instrument or device for the production of sound between one-half hour after sunset and 10:00 A.M. of the following day.
(b) No solicitor or peddler shall use, play or cause to be used or played an amplifier, loudspeaker, or any other instrument or device for the production of sound in such a manner as to create a 3/29/23, 9:15 AM Chapter 5.05 SOLICITORS AND PEDDLERS
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara05/SantaClara0505.html#5.05 10/17 disturbance of the peace.
(c) No motor vehicle-based solicitor or peddler or mobile peddler shall use, play or employ any amplifier, loudspeaker, or any other instrument or device for the production of sound when the motor vehicle or mobile unit from which the solicitor or peddler is operating is stationary upon any private place, or any street, sidewalk, right-of-way, park or other public place. (Ord. 1811 § 1, 10-10-06).
5.05.190 Observance of “No Solicitors” or “No Peddlers” signs.
It is unlawful for any solicitor or peddler, whether licensed or unlicensed, to perform or attempt to perform the acts described in this chapter by ringing the doorbell or knocking at the door or otherwise calling attention to the person’s presence of or at any residence whereon a sign bearing the words “No Solicitors,” “No Peddlers” or words of similar import is painted or affixed so as to be exposed to public view, and no solicitor or peddler shall perform or attempt to perform any of the acts described in any building, structure or place of business whereon or wherein a sign bearing the words “No Solicitors,” “No Peddlers” or words of similar import is painted or affixed so as to be exposed to public view. (Ord. 1811 § 1, 10-10-06).
Article II. Solicitation of Employment, Business or Contribution of Money or Other Property from Vehicles and Motor Vehicle-Based and Mobile Unit Peddlers
5.05.210 Prohibition of solicitation in public right-of-way or public parking lots. (a) It is unlawful for any person, while standing in any portion of the public right-of-way, including but not limited to public streets, highways, sidewalks and driveways, to solicit, or attempt to solicit, employment, business or contributions of money or other property from any person traveling in a vehicle along a public right-of-way, including but not limited to public streets, highways or driveways. (b) It is unlawful for any person, while the occupant of any vehicle, to solicit, or attempt to solicit, employment, business or contributions of money or other property from a person who is within the public right-of-way, including but not limited to a public street, highway, sidewalk or driveway. (c) It is unlawful for any person to solicit, or attempt to solicit, employment, business or contributions of money or other property from any occupant of a vehicle, or from any person getting into or out of a vehicle within any parking lot or structure open to the public, where such parking lot is posted with a sign prohibiting such activity. (Ord. 1686 § 2, 4-9-96; Ord. 1811 § 1, 10-10-06. Formerly § 5.05.220).
5.05.220 Prohibition of solicitation in unauthorized locations within commercial parking areas. (a) It is unlawful for any person to solicit or attempt to solicit employment, business or contributions of money or other property from a location within a commercial parking area other than an area within or served by such parking area which is authorized by the property owner (or the property owner’s 3/29/23, 9:15 AM Chapter 5.05 SOLICITORS AND PEDDLERS
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara05/SantaClara0505.html#5.05 11/17 authorized representative) for such solicitations. This section shall not apply to a solicitation to perform employment or business for the owner or lawful tenants of the subject premises. (b) For purposes of this section, “commercial parking area” shall mean privately owned property which is designed or used primarily for the parking of vehicles and which adjoins one or more commercial establishments.
(c) This section shall only apply to commercial parking areas where all of the following occur:
(1) The owner (or person in lawful possession) of the commercial parking area establishes a written policy which provides area(s) for the lawful solicitation of employment, business, or contributions of money or other property in locations which are accessible to the public and do not interfere with the normal business operations of the commercial premises; (2) A copy of said policy is submitted to the City Manager (or his/her designee) to be maintained in City files, including a copy to be maintained at the City Police Department; and (3) The owner (or person in lawful possession) of the commercial parking area has caused a notice to be posted in a conspicuous place at each entrance to such commercial parking area.
Said notice shall not be less than eighteen (18) by twenty-four (24) inches in size with lettering not less than one inch in height, and the notice shall not exceed, in total area, six square feet.
The notice shall read substantially as follows:
It is a misdemeanor to engage in the solicitation of employment, business or contributions of money or other property in areas of this commercial parking lot which are not approved for such activity by the property owner. (Ord. 1686 § 2, 4-9-96; Ord. 1811 § 1, 10-10-06. Formerly § 5.05.230).
5.05.230 Parking restrictions – Motor vehicle-based and mobile unit peddlers. (a) It is unlawful for any motor vehicle-based or mobile unit peddler to:
(1) Remain standing or stopped, for peddling purposes, at any place on any public street, sidewalk, right-of-way, public park or other public place, for a total period of time exceeding ten minutes within any two-hour period; or
(2) Make any stop, for the purpose of making any sale upon any public street, sidewalk, right-ofway, public park, or other public place, within five hundred (500) feet, measured along the traveled way of any public street or streets, of any school property. 3/29/23, 9:15 AM Chapter 5.05 SOLICITORS AND PEDDLERS
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara05/SantaClara0505.html#5.05 12/17 (b) It is unlawful for any motor vehicle-based or mobile unit peddler to peddle from any motor vehicle or mobile unit upon any public street except from or at the side of such motor vehicle, which is nearest to the curb of such street. (Ord. 1811 § 1, 10-10-06).
5.05.240 Congestion restriction for motor vehicle-based and mobile unit peddlers.
It is unlawful for any motor vehicle-based or mobile unit peddler to stop to peddle from a motor vehicle or mobile unit within two hundred (200) feet of another motor vehicle-based or mobile unit peddler that has already stopped to peddle. (Ord. 1811 § 1, 10-10-06).
5.05.250 Inspections of motor vehicle-based and mobile units. (a) All motor vehicle-based or mobile units, except bicycles, operated by the business operator shall be inspected and certified annually by the Santa Clara County Health Department. (b) The business operator shall present each motor vehicle-based or mobile unit for inspection and certification annually by the Chief of Police.
(c) The exterior of the motor vehicle-based and mobile units shall be clean and in good repair, and not have any peeling, dents, rust, scratches or missing components which are discernible at a distance of five feet or more from the motor vehicle. (Ord. 1811 § 1, 10-10-06).
5.05.260 Approved location permit terms and conditions. (a) It is unlawful for a person to peddle from, at, or in conjunction with, a mobile unit or temporary structure except at the approved location. An approved location permit to peddle may be issued by the Chief of Police, subject to the following terms and conditions:
(1) The person requesting an approved location permit at all times holds a current, valid business permit.
(2) Permits shall be issued only for a specific approved location which is stated on the permit. (3) Permits shall be issued only for the street side of the sidewalk portion of a public street. (4) Permits shall be issued only for sidewalks with an overall minimum of eight feet where there is at least three feet of unobstructed sidewalk area for pedestrian traffic. (5) The mobile unit or temporary structure shall not exceed four feet high, five feet wide, and six feet long. Any mobile unit or temporary structure shall be parked in such a way as to use as little of the sidewalk as possible.
3/29/23, 9:15 AM Chapter 5.05 SOLICITORS AND PEDDLERS
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara05/SantaClara0505.html#5.05 13/17 (6) No person shall use or have any movable or permanent stand, table, chair, ice chest or other ice container, equipment or device at any approved location other than the permitted mobile unit or temporary structure, one stool for his or her own use, and one trash/garbage container of no more than thirty-three (33) gallon capacity.
(7) No person shall block the movement of pedestrians along the sidewalk with a permitted mobile unit or temporary structure, stool, or trash/garbage container. (8) Each approved location peddler, at his or her sole cost and expense, and during the entire term of his or her permit or any renewal thereof, shall obtain and maintain in full force and effect a commercial general liability insurance policy or other such policy as the office of the risk manager shall require with minimum policy limits to be set by the risk manager; issued by an admitted insurer or insurers as defined by the California Insurance Code; and providing that no cancellation, change in coverage, or expiration by the insurance company or the insured shall occur during the term of the business permit, without thirty (30) days’ written notice to the City prior to the effective date of such cancellation or reduction in coverage. (b) The Chief of Police shall make approved location permits subject to such other terms and conditions, as the Chief deems necessary, to promote vehicular traffic safety and convenience and pedestrian safety and convenience.
(c) Permits issued under this section shall not be sold, assigned or transferred, and shall cover only the permittee to whom the permit is issued. A permittee may not move from the approved location without permission of the permits unit.
(d) If more than one application is received at the same time for the same location not currently assigned, assignment of the location shall be determined by lot. The drawing shall be made by someone other than the Chief and witnessed by another department employee. (Ord. 1811 § 1, 10-10- 06).
5.05.270 Limitations on approved locations.
Approved location permits shall not be issued when any of the following conditions exist:
(a) The location is immediately adjacent to residentially zoned property. (b) The location is within twenty (20) feet of any no-parking zone, red zone, fire hydrant, bus zone (marked or unmarked), passenger loading zone, loading zone, handicapped parking zone or driveway. (c) The location is within twenty (20) feet of an entrance to any building. 3/29/23, 9:15 AM Chapter 5.05 SOLICITORS AND PEDDLERS
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara05/SantaClara0505.html#5.05 14/17 (d) The location is within twenty (20) feet of any merchandise display window. (e) The location is within twenty (20) feet of any marked or unmarked crosswalk. (f) The location impedes a free running right turn lane on an inside corner island, traffic lane, bike lane or any area where a vehicle cannot stop or park legally. (g) The location is wholly or partly within the right-of-way of a freeway or expressway, including any on-ramp, off-ramp, or roadway shoulder that lies within the right-of-way of a freeway or expressway. (h) The location is considered hazardous due to unusual volume, accident history or restricted visibility, or similar reasons. (Ord. 1811 § 1, 10-10-06).
5.05.280 Solicitation and peddling in parks prohibited.
It is unlawful for any person in any public park, including any adjacent parking area, to:
(a) Expose, offer for sale or peddle any article or thing, nor station or place any stand, cart, or vehicle for the transportation, sale or display of any article or thing, or offer or provide any service for fee or compensation, or to solicit the future provision of any service for fee or compensation except any approved concessionaire acting by and under the authority of the director of parks and recreation; (b) Announce, advertise or call public attention in any way to any article or service for sale or hire, including paste, glue, tack or otherwise post any sign, placard, advertisement or inscription; (c) Solicit or attempt to solicit employment, business or contributions of money or other property from any other person in the park or within an adjacent public right-of-way. (Ord. 1811 § 1, 10-10-06).
Article III. Operating Regulations and Permit Conditions for Ice Cream Trucks
5.05.300 Definitions.
(a) “Ice cream truck” means any motor vehicle requiring a license from the California Department of Motor Vehicles, which is used to peddle, sell, or vend at retail prepackaged frozen dairy or waterbased food products; or soft-serve or hand-dipped frozen dairy or water-based products; or prepackaged snack foods, bottled water and nonalcoholic beverages. (b) “Ice cream truck business” means the business of peddling, selling or vending at retail, from a truck that travels from place to place on the streets within the city, prepackaged frozen dairy or waterbased food products; or soft-serve or hand-dipped frozen dairy or water-based products; or prepackaged snack foods, bottled water and nonalcoholic beverages. (Ord. 1811 § 1, 10-10-06). 3/29/23, 9:15 AM Chapter 5.05 SOLICITORS AND PEDDLERS
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara05/SantaClara0505.html#5.05 15/17
5.05.310 Permit required.
(a) It is unlawful for a person to maintain, manage, operate, conduct, control or own an ice cream truck business operating within the City unless the business is maintained and operated in strict compliance with a valid business permit.
(b) It is unlawful for a person, other than the business operator, to drive or ride on an ice cream truck that is in operation without having first obtained an ice cream business employee permit from the Chief of Police. A business permittee is deemed to have an employee permit for the purposes of driving or riding in the permittee’s ice cream trucks. (Ord. 1811 § 1, 10-10-06).
5.05.320 Conditions of permit.
Each ice cream truck business permit issued by the Chief of Police shall be subject to the terms and conditions set forth in this chapter, as well as any other conditions specifically set forth in the permit. (Ord. 1811 § 1, 10-10-06).
5.05.330 Operating regulations.
It is unlawful for any person to violate the operating regulations set forth in this section in addition to the regulations set forth elsewhere in this chapter.
(a) Only prepackaged food items, soft-serve or hand-dipped frozen dairy products, bottled water, or nonalcoholic beverages may be offered for sale or sold. (b) Sales from an ice cream truck shall be limited to the hours of 10:00 A.M. to one half-hour after sunset.
(c) Sales from ice cream trucks shall be limited to streets that have thirty (30) mile per hour speed limits or less.
(d) An ice cream truck shall not park for a period exceeding ten minutes at any one place. (e) No sales shall be made while an ice cream truck is parked within seventy-five (75) feet of any intersection with any public street or streets, as measured along the traveled way. (f) No person shall stop to vend from an ice cream truck within two hundred (200) feet of another ice cream truck that has already stopped to vend.
(g) The standard warning flashers shall be in operation immediately upon the truck stopping to vend and cease operation as the truck begins to move after vending. (Ord. 1811 § 1, 10-10-06). 3/29/23, 9:15 AM Chapter 5.05 SOLICITORS AND PEDDLERS
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara05/SantaClara0505.html#5.05 16/17
5.05.340 Noise restrictions.
(a) No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck when the ice cream truck is stationary, after 7:00 P.M. or one half-hour after sunset, whichever occurs first, or in such a manner as to create a disturbance of the peace.
(b) The Chief of Police may set reasonable restrictions on the type and use of any amplifier, loudspeaker, or any other instrument or device for the production of sound employed on an ice cream truck in order to prevent a disturbance of the peace. (Ord. 1811 § 1, 10-10-06).
5.05.350 Restriction on riders.
No one other than one driver and one additional person shall be allowed to ride in or on an ice cream truck that is in operation. The driver and the additional person may be the business operator or an employee of the business operator. In no event shall more than two persons ride in or on the truck while the truck is in operation. (Ord. 1811 § 1, 10-10-06).
5.05.360 Vehicle inspections – Certification.
(a) It is unlawful for a business operator to operate an ice cream truck that does not have a current, valid Health Department certificate, a current Department of Motor Vehicles registration sticker and current vehicle insurance. All ice cream trucks operated by the business operator shall be inspected and certified by the Santa Clara County Health Department annually. (Per Health and Safety Code Section 113700.)
(b) The business operator shall present each ice cream truck for inspection and certification by the Chief of Police or designee annually. For trucks which pass inspection, the Chief of Police or designee shall affix a suitable inspection sticker on each certified truck, identifying the truck as having successfully passed vehicle inspection.
(c) The business operator shall maintain each ice cream truck being operated in such condition that:
(1) All doors, windows, the hood and the trunk shall open and close securely; (2) The inside of the ice cream truck shall be clean and free of litter and trash; (3) There is a trash receptacle that shall be made accessible to the public when sales occur in which patrons can place package wrappers and trash;
(4) The exterior of the ice cream truck shall be clean and in good repair, and not have any peeling, dents, rust, scratches or missing components, which are discernible at a distance of five 3/29/23, 9:15 AM Chapter 5.05 SOLICITORS AND PEDDLERS
https://www.codepublishing.com/CA/SantaClara/#!/SantaClara05/SantaClara0505.html#5.05 17/17 feet or more from the truck;
(5) Advertising decals and price lists shall be placed only on the vending side of ice cream trucks. (d) The business operator shall have and maintain in clean operating condition on each ice cream truck the following safety equipment:
(1) Signs painted or mounted on the front and rear of each truck using black four-inch-tall letters on a yellow background with a black one-inch border around each sign. The sign on the front and rear of each vehicle shall read “CHILDREN CROSSING” and be eight inches high by forty-eight (48) inches wide. An additional sign or signs shall be painted or mounted on the rear of each truck above the first sign and shall read “Warning,” using the same size letter and paint requirements.
(2) Standard warning flashers.
(3) Any other safety equipment required by the California Vehicle Code. (Ord. 1811 § 1, 10-10- 06).
The Santa Clara City Code is current through Ordinance 2056, and legislation passed through November 15, 2022.
Disclaimer: The City Clerk's Office has the official version of the Santa Clara City Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
City Website: https://santaclaraca.gov/
City Telephone: (408) 615-2220
Code Publishing Company
3/29/23, 9:18 AM Chapter 8.10 FOOD AND FOOD ESTABLISHMENTS https://www.codepublishing.com/CA/SantaClara/#!/SantaClara08/SantaClara0810.html#8.10 1/5 Chapter 8.10
FOOD AND FOOD ESTABLISHMENTS
Sections:
8.10.010 Definitions.
8.10.020 Permit – Required – Exceptions.
8.10.030 Permit – Application – Examination of premises – Issuance and transferability renewal.
8.10.040 Permit – Fee.
8.10.050 Permit – Denial for failure to meet certain specifications.
8.10.060 Permit – Suspension or revocation for refusal to comply with State or local regulations.
8.10.070 Operation of business after suspension or revocation, etc., of permit prohibited.
8.10.080 Notification of City Health Officer upon sale or discontinuance of business.
8.10.090 Sanitary rules and regulations to be made by City Health Officer.
8.10.100 Presence of certain persons on business premises prima facie evidence of intent of business owner to sell food.
8.10.110 Duty of Health Officer to seize adulterated, etc., food.
8.10.120 Inspection required prior to sale of meat.
8.10.130 Sale of certain food products prohibited unless manufactured or prepared in accordance with State law.
Stat. Ref.: Sanitation of restaurants, see H. & S.C.A. §§ 28540 – 28584; sanitation requirements in food processing establishments, see H. & S.C.A. §§ 28280 – 28299; fruit containers, see H. & S.C.A §§ 28310 – 28322; bakeries, see H. & S.C.A §§ 28190 – 28216 (California Bakery Sanitation Law).
8.10.010 Definitions.
3/29/23, 9:18 AM Chapter 8.10 FOOD AND FOOD ESTABLISHMENTS https://www.codepublishing.com/CA/SantaClara/#!/SantaClara08/SantaClara0810.html#8.10 2/5 For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(a) "Food" shall include all articles used for food, drink, confectionery or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof. (b) "Food establishment" shall mean and include any public or private market, shop, store, delicatessen, candy factory, storehouse, warehouse, cold storage plant or other plant or other place not a public eating or drinking establishment in or about which any food, foodstuffs or provisions are kept, held, sold, prepared or compounded or offered for sale for human consumption. Such establishments will specifically include but shall not be restricted to grocery stores and warehouses, candy and confectioners' plants or stores, bakeries, bottling works, food and condiment packers, fruit and vegetable stands, markets or other premises where meat or meat food products, sausage, fish, dressed poultry, rabbit or game are kept, stored, handled, manufactured or offered for sale, ice stations and all food processing or cannery plants of any type. (c) "Restaurant" shall mean any coffee shop, cafeteria, short order cafe, luncheonette, tavern, bar, sandwich stand, soda fountain, public school lunch room or cafeteria, labor and construction camp kitchens and dining rooms, public boardinghouse, club and any other eating or drinking establishment which sells or offers for sale food to the public, as well as kitchens, box lunch establishment, catering services, barbecue pits in which food or drink is prepared on the premises for sale or distribution elsewhere. Such term shall also include all cafeterias or restaurants serving commercial establishments as part of the organization and serving the public, whether as employees or visitors. (d) "Utensils" shall include kitchenware, tableware, glassware, cutlery, containers, machinery, implements, receptacles used in processing, storage, distribution or serving of food or drink. (Ord. 942, Art. 1. Formerly § 12-1).
8.10.020 Permit – Required – Exceptions.
It shall be unlawful for any person to operate or conduct a restaurant or food establishment or to sell, offer for sale, distribute or have in possession for sale or distribution any food or drink intended for human consumption in the City unless such person shall possess a permit to do so from the Health Officer and has paid therefor the permit fee required to be paid by SCCC 8.10.040.
No permit shall be required of any food processing, cannery or other food establishment licensed by the State Department of Health, by the Bureau of Meat Inspection of the State Department of Agriculture or by the Meat Inspection Division of the United States Department of Agriculture. (Ord. 942, Art. 2 § 1. Formerly § 12-2).
3/29/23, 9:18 AM Chapter 8.10 FOOD AND FOOD ESTABLISHMENTS https://www.codepublishing.com/CA/SantaClara/#!/SantaClara08/SantaClara0810.html#8.10 3/5
8.10.030 Permit – Application – Examination of premises – Issuance and transferability renewal.
Application for the permit required in the preceding section shall be made in writing to the Health Officer. The Health Officer shall, upon receipt of such application, make or cause to be made an examination of the premises for which such permit is requested. If, upon examination, the Health Officer, his/her assistant or his/her duly authorized representative shall find such premises and the equipment therein to be in accordance with the laws of the State, the requirements of this chapter and the rules and regulations of the Health Officer of the City, the Health Officer shall issue a revocable permit for the conduct of such business. Such permit shall be issued annually for the calendar year and shall not be transferable. Renewal of permits shall be applied for and acted upon in the same manner. (Ord. 942, Art. 2 § 2. Formerly § 12-3).
8.10.040 Permit – Fee.
The permit fee for conducting a restaurant or food establishment shall be as established by Council resolution from time to time. (Ord. 942, Art. 2 § 3. Formerly § 12-4).
8.10.050 Permit – Denial for failure to meet certain specifications.
The City Health Officer is hereby empowered to deny or withhold a permit for which an application has been made if, in his/her judgment, the building, premises, equipment, apparatus or reasonable facilities for the establishing, maintaining, conducting or operating the business or institution for which a permit is requested are insufficient, unfit or incapable of being used, maintained or established to comply with this chapter or any other ordinances of the City or the rules and regulations of the City Health Officer or laws of the State. (Ord. 942, Art. 2 § 4. Formerly § 12-5).
8.10.060 Permit – Suspension or revocation for refusal to comply with State or local regulations.
The Health Officer of the City may suspend or revoke any permit authorized by this chapter whenever he finds that the holder of such a permit fails or refuses to comply with the laws of the State, this chapter or any rules and regulations of the City Health Officer. (Ord. 942, Art. 2 § 5. Formerly § 12-6).
8.10.070 Operation of business after suspension or revocation, etc., of permit prohibited.
If any permit issued pursuant to this chapter shall be denied, suspended or revoked by the Health Officer, it shall be unlawful during the period of such denial, revocation or suspension for any person to sell or traffic in any food or drink products in the City at such establishment. (Ord. 942, Art. 2 § 4.
Formerly § 12-7).
8.10.080 Notification of City Health Officer upon sale or discontinuance of business. 3/29/23, 9:18 AM Chapter 8.10 FOOD AND FOOD ESTABLISHMENTS https://www.codepublishing.com/CA/SantaClara/#!/SantaClara08/SantaClara0810.html#8.10 4/5 Every person who shall sell, exchange, give away, abandon or discontinue any restaurant or food establishment within the city and every person who shall purchase or otherwise acquire any such restaurant or food establishment within the city shall immediately notify the Health Officer, his/her assistant or his/her duly authorized representative as to the fact thereof. (Ord. 942, Art. 2 § 6.
Formerly § 12-8).
8.10.090 Sanitary rules and regulations to be made by City Health Officer.
The City Health Officer is hereby authorized to make such additional rules and regulations as may be necessary to secure the proper sanitation of all restaurants or food establishments and for the proper and orderly administration of this chapter. (Ord. 942, Art. 2 § 7. Formerly § 12-9).
8.10.100 Presence of certain persons on business premises prima facie evidence of intent of business owner to sell food.
The presence in or about any place of business of any person dealing in food or in or about any vehicle used by any such person for the delivery of any food shall be prima facie evidence of intent on the part of such person to sell the same and of the fact that he is holding or offering the same for sale. (Ord. 942. Formerly § 12-10).
8.10.110 Duty of Health Officer to seize adulterated, etc., food.
The Health Officer, his/her assistant and his/her duly authorized representative are hereby authorized and directed to seize and destroy or denature any tainted, diseased, decayed or partially decayed or unwholesome meat, fish, shell fish, fowl, fruits, vegetables or other unwholesome food found within the city. (Ord. 942. Formerly § 12-11).
Stat. Ref.: For State law as to Pure Foods Act, see H. & S.C.A. §§ 26500 to 26599.
8.10.120 Inspection required prior to sale of meat.
It shall be unlawful for any person or agent or employee of any person to sell, offer for sale, distribute or have in possession for sale or distribution in the City the flesh of any cattle, horse, sheep, lamb, swine or goat unless the same bears on each primal part thereof the "Inspected and Passed" stamp of an establishment operating under Federal or State inspection or approved municipal inspection. (Ord. 942. Formerly § 12-12).
Stat. Ref.: For State law as to meat and meat inspection generally, see Ag. C.A. §§ 18751 to 18755.
8.10.130 Sale of certain food products prohibited unless manufactured or prepared in accordance with State law.
It shall be unlawful for any person or agent or employee of any person to sell, offer for sale, distribute or have in possession for sale or distribution in the City any sausage or other meat food product 3/29/23, 9:18 AM Chapter 8.10 FOOD AND FOOD ESTABLISHMENTS https://www.codepublishing.com/CA/SantaClara/#!/SantaClara08/SantaClara0810.html#8.10 5/5 unless the same has been manufactured or prepared in accordance with the laws of the State. (Ord. 942. Formerly § 12-13).
The Santa Clara City Code is current through Ordinance 2056, and legislation passed through November 15, 2022.
Disclaimer: The City Clerk's Office has the official version of the Santa Clara City Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
City Website: https://santaclaraca.gov/
City Telephone: (408) 615-2220
Code Publishing Company
3/29/23, 9:19 AM Chapter 12.05 OBSTRUCTIONS, LOITERING AND MISCELLANY https://www.codepublishing.com/CA/SantaClara/#!/SantaClara12/SantaClara1205.html#12.05 1/4 Chapter 12.05
OBSTRUCTIONS, LOITERING
AND MISCELLANY
Sections:
12.05.010 Obstructing vehicles or pedestrians prohibited generally.
12.05.020 Loitering, standing or obstructing entrance of church, hall, theater, etc., prohibited.
12.05.030 Prohibition of unauthorized presence in posted parking lots of a closed commercial business.
12.05.040 Obstructing the public right-of-way prohibited.
12.05.050 Steam, interurban or electrically driven railway trains, etc.
12.05.060 Hours of operation of public parks.
12.05.070 Bicycles or motorcycles, etc. – Prohibited on sidewalks or in public parks.
12.05.010 Obstructing vehicles or pedestrians prohibited generally.
It shall be unlawful for any person to loiter, stand or sit in or upon any public highway, street, alley, sidewalk or crosswalk in the City so as to in any manner hinder or obstruct the free passage thereon of persons or vehicles passing along the same or so as to in any manner annoy or molest persons passing along the same. (Ord. 460 § 1. Formerly § 25-1).
12.05.020 Loitering, standing or obstructing entrance of church, hall, theater, etc., prohibited.
It shall be unlawful for any person to loiter, stand or sit in or at the entrance of any church, hall, theater or other place of public assemblage in the City so as to in any manner obstruct such entrance. (Ord. 460. Formerly § 25-2).
12.05.030 Prohibition of unauthorized presence in posted parking lots of a closed commercial business.
(a) Except as provided herein, it shall be unlawful for any person or vehicle to be present in a parking lot (or in an area of a parking lot designated as prohibited to unauthorized presence) that has been posted with a sign(s) prohibiting unauthorized presence. 3/29/23, 9:19 AM Chapter 12.05 OBSTRUCTIONS, LOITERING AND MISCELLANY https://www.codepublishing.com/CA/SantaClara/#!/SantaClara12/SantaClara1205.html#12.05 2/4 (b) In situations where presence in the entire parking lot is not prohibited, as when a location has multiple businesses and some businesses may remain open, physical barricades and signs shall be placed to designate the area(s) in which there is to be no vehicle parking or human presence during the prohibited hours.
(c) The hours of prohibited presence shall be posted along with the signs prohibiting the unauthorized presence. In certain circumstances, the prohibitory text and hours of prohibition shall be painted on or affixed to the barricades designating the closed area(s). (d) When barricades are used, the text shall be in letters no less than one inch in height. When signs are used, they shall be at least one foot by one foot and the text shall be in letters no less than one inch in height. The sign(s) and/or barricades shall read substantially in either of the following two ways:
WARNING
Unauthorized presence in
parking lot after business is closed
violates SCCC 12.05.030
_____ P.M. to _____ A.M.
or,
WARNING
Unauthorized presence in
parking lot after business is
closed, or in designated areas,
violates SCCC 12.05.030
_____ P.M. to _____ A.M.
(e) Violations of this section are a misdemeanor as provided in SCCC 1.05.070. (Ord. 1407, 9-8-80; Ord. 1469 § 2, 4-12-83; Ord. 1616 § 1, 8-7-90. Formerly § 25-2.1).
12.05.040 Obstructing the public right-of-way prohibited.
Any person who, without prior written permission from the City, shall maintain, place, cause or permit to be placed upon, in, across, under, or over the public right-of-way (as used herein "public right-ofway" shall mean the paved roadway, curb, gutter, park strip, sidewalk, and any other portion of the publicly owned real property up to the private property line) of the City any obstruction and who, after being notified by the City to remove the same, shall permit any such obstruction to remain upon, across, under or over the public right-of-way for twenty-four (24) hours after such notice, shall be deemed guilty of an infraction punishable by a fine of not more than five hundred dollars ($500.00). (Ord. 6; Ord. 1358 § 1, 6-28-77. Formerly § 25-6).
3/29/23, 9:19 AM Chapter 12.05 OBSTRUCTIONS, LOITERING AND MISCELLANY https://www.codepublishing.com/CA/SantaClara/#!/SantaClara12/SantaClara1205.html#12.05 3/4
12.05.050 Steam, interurban or electrically driven railway trains, etc.
It shall be unlawful for any person in charge of any steam, interurban or electrically driven railway train or similar vehicles on rails to operate the same in such manner as to prevent the use of any street for the purpose of travel for a period of time longer than five minutes. The provisions of this section shall not apply to the operation of "through" freight trains when continuously operated without stopping through the City and when such freight trains consist of a series of freight cars, the overall length of which trains make it impractical to prevent the blocking of a street for such period of time. The provisions of this section shall apply to all "switching" operations of trains in the City. (Ord. 680.
Formerly § 25-8).
12.05.060 Hours of operation of public parks.
(a) The public parks in the City shall be open daily to the public between the hours of 6:00 A.M. to one-half hour after sunset (dusk), except:
(1) Where there is posted conspicuously a sign limiting the hours when such facility is open to the public; and
(2) Until 10:00 P.M. if and when the facility is lighted. (b) Any such public park or portion thereof may be declared closed to the public by the Director of Parks and Recreation at any time and for any interval of time, either temporarily or at regular or stated intervals, as is deemed necessary in carrying out the duties and responsibilities of the various divisions of the Parks and Recreation Department as set forth in Chapter 2.100 SCCC. The Director of Parks and Recreation is hereby authorized to promulgate rules and regulations to effectuate the purposes of this section.
(c) Every person other than City personnel conducting City business therein, who occupies or is present in any public park in the City during the hours in which the park is not open to the public, shall be deemed guilty of an infraction, punishable by a fine of not more that two hundred fifty dollars ($250.00). (Ord. 1953 § 1, 4-5-16; Ord. 1371 § 1, 1-10-78. Formerly § 25-8.1).
12.05.070 Bicycles or motorcycles, etc. – Prohibited on sidewalks or in public parks.
It shall be unlawful for any person to ride or drive any bicycle, motorcycle or other motor vehicle upon any sidewalk or in any public park in the City. (Ord. 302 § 1. Formerly § 25-9).
Cross reference – Bicycles generally, Chapter 10.35 SCCC.
The Santa Clara City Code is current through Ordinance 2056, and legislation passed through November 15, 2022.
3/29/23, 9:19 AM Chapter 12.05 OBSTRUCTIONS, LOITERING AND MISCELLANY https://www.codepublishing.com/CA/SantaClara/#!/SantaClara12/SantaClara1205.html#12.05 4/4 Disclaimer: The City Clerk's Office has the official version of the Santa Clara City Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
City Website: https://santaclaraca.gov/
City Telephone: (408) 615-2220
Code Publishing Company
3/29/23, 9:19 AM Title 9 PUBLIC PEACE, MORALS AND WELFARE https://www.codepublishing.com/CA/SantaClara/#!/SantaClara09/SantaClara09.html 1/2 Title 9
PUBLIC PEACE, MORALS AND WELFARE
Chapters:
9.05 In General
9.10 Regulation of Noise and Vibration
9.15 Regulation of the Distribution of Certain Advertising Material Including Handbills
9.20 Restrictions on Certain Commercial Drug Paraphernalia Activities
9.25 News Racks
9.30 Trespassing
9.35 Regulation of Use of Parks by Large Groups
9.40 Regulation of Self-Service Display of Tobacco Products
9.45 Enforcement of Title
9.50 Repealed
9.55 Prohibition Against Discrimination
9.60 Food and Building Service Worker Retention
9.65 Hotel Service Worker Retention
9.70 COVID-19 Worker Recall Protections
The Santa Clara City Code is current through Ordinance 2056, and legislation passed through November 15, 2022.
Disclaimer: The City Clerk's Office has the official version of the Santa Clara City Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
City Website: https://santaclaraca.gov/
City Telephone: (408) 615-2220
3/29/23, 9:19 AM Title 9 PUBLIC PEACE, MORALS AND WELFARE https://www.codepublishing.com/CA/SantaClara/#!/SantaClara09/SantaClara09.html 2/2 Code Publishing Company
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-145 Agenda Date: 4/18/2023
REPORT TO COUNCIL
SUBJECT
Discussion and Follow Up on a Written Petition (Council Policy 030) Submitted by Kirk Vartan Related to Permit Parking Zones
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
On October 11, 2022, the City Clerk's Office received a Written Petition (Attachment 1) from Kirk Vartan requesting to place an item on a future council meeting agenda to discuss “the new parking permit ordinance and rules.” On November 1, 2022, the Council considered the Written Petition and directed staff to return at a future Council meeting with a staff report on the Written Petition. On January 10, 2023, an informational report (Attachment 2) was provided to the Council related to the existing parking zones referenced by the original petition. The existing parking zones include timelimited parking (i.e. 1- and 2-hour parking allowed) and restricted parking zones (i.e. no parking).
Additionally, these parking zones were established over the course of time based on resident or property owner requests.
This report will provide additional information about the City’s program for establishing the various parking zones within the City and the corresponding permit parking programs available for these zones.
1. Parking Zone Establishment: The Department of Public Works (DPW), Traffic Engineering Division is responsible for the creation and modification of parking zones within the City. There are various types of parking zones in Santa Clara and they can be characterized by two main types:
A) Time-Limited and Restricted Parking Zones and B) Residential Permit Parking Zones.
A. Time-Limited and Restricted Parking Zones: Time-limited and restricted parking zones are established to provide specific restrictions related to parking on specific streets and are accompanied by relevant street signage. Time-limited parking zones will typically specify that on certain streets, parking will be allowed for limited amounts of time such as 1-hour and or 2 hours for certain durations of the day (i.e. 8am to 6pm) and will be effective on certain days of the week (i.e. Monday through Saturday, Sundays and Holidays excepted). Restricted parking zones can take the form of signage and/or curb painting; white curb zones (passenger loading zones), yellow curb zones (commercial loading zones), green curb zones (short-term parking zones), blue curb zones (disabled/handicap parking), and red curb zones (i.e. no parking or no stopping).
Time-limited and restricted parking zones are typically implemented based on resident, City of Santa Clara Page 1 of 4 Printed on 4/13/2023
powered by Legistar™
23-145 Agenda Date: 4/18/2023
business, or property requests and most often are requested to alleviate a particular parking concern on a given street. Staff receives these requests and evaluates them to determine if they can be granted. Staff coordinates directly with adjacent property owners to assure that public outreach is conducted. A neighborhood vote or petition is not required to implement a time-limited or restricted parking zone, but staff strives to obtain consent from property owners directly adjacent to the restricted areas.
B. Residential Permit Parking Program: On July 9, 2003, the City Council established a Residential Permit Parking Program (RPPP) (Attachment 3) by approving Ordinance No. 1781 which added Chapter 10.40 Residential Permit Parking to Title 10 Vehicles and Traffic of the City Code. In addition, Guidelines for Designation of Residential Permit Parking Areas were also established by the City Manager.
The RPPP allows the City to establish parking zones that only allow users with valid Residential Parking Permits (RPP) to park in those areas (i.e. parking allowed by permit only).
Residential permit parking is common amongst local cities and is often created to deter nonresidential parking intrusion into residential areas.
Per the established RPPP guidelines, the creation of Residential Permit Parking Areas (or Zones) follows a detailed process that includes the following steps as listed in Attachment 4, 1) property owner RPP request, 2) initial City coordination, 3) initial property owner ballot, 4) permit parking needs analysis, 5) final property owner ballot, and 6) City Council final review/approval. It is important to note that per the RPPP guidelines if a RPP request does not achieve a simple majority approval during step 3 or step 5, the RPP process does not continue.
2. Permit Parking Programs: The Santa Clara Police Department administers and manages permit parking programs in the City. There are two types of permitted parking that relate to the parking zones established by the City’s Traffic Engineering Division: A) Preferential On-Street Parking Permits and B) Residential Parking Permits.
A. Preferential On-Street Parking Permits: On August 21, 1990, the City Council adopted Resolution 5544 related to Preferential On-Street Parking Permits (Attachment 5). This resolution authorizes the Police Department to issue parking permits to residents who reside on Preferential Parking Streets which are residential streets with time limited parking zones.
The parking permit allows residents to park outside of the specified time allotments on their streets.
B. Residential Parking Permits: These parking permits are allowed under the City’s RPPP (item 1B above) and allow users to park in Residential Permit Parking zones (i.e. parking zones that allow parking by permit only). These parking permits relate to the Residential Parking Permit Program mentioned above.
It is important to note that as both permit parking programs are related to residential uses, the Police Department has combined the public information and outreach related to both programs into one program titled, Residential Permit Parking. For example, on the Police Department’s website, there is information such as “RPP area involves the posting of parking time limits or parking restrictions from which local residents are exempt if a valid permit is authorized…” City of Santa Clara Page 2 of 4 Printed on 4/13/2023
powered by Legistar™
23-145 Agenda Date: 4/18/2023
DISCUSSION
During the Covid-19 pandemic, the Police Department’s enforcement of the Permit Parking Programs was dormant due to stay at home orders and staffing issues. Beginning in October 2022, the Police Department utilized a variety of tools (e.g.
City publications, Police Department website, Facebook, Instagram, Nextdoor, Nixle, Twitter, and A-frame signs with messaging on the affected streets) to inform the public about the return of enforcing the program. (Attachment 6). In preparation to begin enforcing the program again, the Police Department posted informational stickers on street signage for the relevant streets subject to Permit Parking Programs in an effort to inform users that a parking permit may be available to them after coordination with the City. Additionally, the Police Department worked with DPW to temporarily installed A-frame signs on relevant streets discussing the program. Between October 2022 and December 2022, the Police Department also distributed warnings to vehicles in violation of Permit Parking Program guidelines.
With the re-implementation of the program, the Police Department secured a third-party vendor to provide virtual, contactless application, for payment and permit management activities at the residents’ convenience, 24 hours a day, 365 days a year. In addition, a vehicle’s license plate is registered in the system and now replaces a parking permit sticker or hang tag. All other aspects of the program remain in place as designated pre-pandemic.
Based on coordination with Mr. Vartan, staff understands that his concerns are related to questions about the return of enforcing the Permit Parking Programs and if employees of his business are eligible for parking permits to allow them to exceed the time allowance in the time limited parking zones. The Police Department has been in contact with Mr. Vartan and let him know that employees at his business along Stevens Creek Boulevard would not be eligible for this type of parking permit to exceed the time limited zones in the adjacent residential neighborhood.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is an administrative activity that will not result in direct or indirect physical changes to the environment.
FISCAL IMPACT
There is no fiscal impact associated with this informational report except for staff time.
COORDINATION
This report has been coordinated with the Police Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Note and file the staff report.
2. Provide other direction to staff.
RECOMMENDATION
Note and file the staff report.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Office of the City Manager
ATTACHMENTS
1. Written Petition submitted by Kirk Vartan dated October 11, 2022
2. January 10, 2023 Informational Report on Existing Parking Zones related to a Written Petition (Council Policy 030), submitted by Kirk Vartan, Related to the New Parking Permit Ordinance and Rules (RTC 23-1420)
3. 2003 Residential Permit Parking Program City Council Approval Report and Guidelines
4. Steps to Establishing a Residential Permit Parking Area
5. August 21, 1990 Resolution 5544 related to Preferential On-Street Parking Permits City of Santa Clara Page 3 of 4 Printed on 4/13/2023
powered by Legistar™
23-145 Agenda Date: 4/18/2023
6. Examples of Police Department outreach related to the Return of Residential Permit Parking Program Effective January 2, 2023
City of Santa Clara Page 4 of 4 Printed on 4/13/2023
powered by Legistar™
City of
Santa Clara Th e Cen ter of Wh at's Poss ible
CITY COUNCIL WRITTEN PETITION
Please provide the information requested below. When complete, please submit to the City Clerk's Office, 1500 Warburton Avenue, Santa Clara, CA 95050.
Date: October 11, 2022
I, Kirk Vartan , am hereby requesting to be placed on the Santa Clara City Council Agenda for the following purpose:
I would like discuss the new Parking Permit ordinance and rules. The current signs are already very restrictive at 1-2 hours for parking. As a small business, our employees need to park. Residents don't need parking during the day as they have a 2-car garage and two driveway sport, allowing for four cars to be parked per house, at least near our pizza shop. I don't believe public streets should be severely restricted like this. We are high tax payers in this city and we need your help. It has been fine so far. WHy do this now? Can businesses purchase permits? We need them.
I understand that it is important that I attend the meeting in the event there are any questions the Council wishes to ask me.
Signed:
Kirk Vartan NAME: ________________ _
ADDRESS: __ 3_4_4_3_S_t_e_v_e_n_s_c_r_e_e_k_B_l_v_d __ _ Street
City Zip Code
TELEPHONE:* ____________ _
Optional
DATE: October 11, 2022 -------------------
*NOTE: This is a public document. If your telephone number is unlisted or if you do not want it to be public, please provide an alternate number where you can be reached.
S:\CityClerk\FORMS AND INFORMATION FOR STAFF USE\Wrilten Petition Form - 2016.doc City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1420 Agenda Date: 1/10/2023
REPORT TO COUNCIL
SUBJECT
Informational Report on Existing Parking Zones related to a Written Petition (Council Policy 030), Submitted by Kirk Vartan, Related to the New Parking Permit Ordinance and Rules
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
On October 11, 2022, the City Clerk's Office received a Written Petition from Kirk Vartan requesting to place an item on a future council meeting agenda to discuss “the new parking permit ordinance and rules.” On November 1, 2022, the Council considered the Written Petition and directed staff to return at a future Council meeting with a staff report on the Written Petition.
Based on the information requested by Council and existing workload constraints, additional time is required to provide a comprehensive report and staff is targeting returning to Council in Spring 2023.
However, staff has coordinated with Mr. Vartan regarding the streets that he has concerns and questions about and can provide Council with the current parking zone information on these streets.
This report provides information related to the subject streets, such as 1) type of parking zone, 2) limits of the parking zone, and 3) when the zones were established. All zones in question were established based on resident requests.
DISCUSSION
Mr. Vartan indicated to staff that he has concerns and questions related to the existing parking zones on Cypress Avenue, Tyler Street, Cecil Avenue, Douglane Avenue, and Stevens Creek Boulevard.
These streets are in proximity to his business, A Slice of New York, located at 3443 Stevens Creek Boulevard. Below is a list of the streets and the information related to current parking zones. A location map with the current parking zones is included as Attachment 1. · Intersection of Cypress Avenue and Cecil Avenue (limited street areas approaching traffic circle at this intersection)
o No Parking areas to accommodate traffic circle operations o Implemented in 2010 with South of Forest Neighborhood Street Improvements Phase II & III CIP Project
· Tyler Street (west side of the street, from Cecil Avenue to 110 feet north of Cecil Avenue o 2-hour parking zone (8AM-6PM) any day except Saturdays, Sundays, and Holidays o Implemented in 2010 with South of Forest Neighborhood Street Improvements Phase II & III CIP Project
City of Santa Clara Page 1 of 3 Printed on 1/14/2023
powered by Legistar™
23-1420 Agenda Date: 1/10/2023
· Tyler Street (west side of the street, from Cecil Avenue to 110 feet south of Cecil Avenue o 2-hour parking zone (8AM-6PM) any day except Saturdays, Sundays, and Holidays o Established in 1996 by Council Resolution 6221
· Tyler Street (east side of the street, from Cecil Avenue to 100 feet south of Cecil Avenue o 2-hour parking zone (8AM-6PM) any day except Saturdays, Sundays, and Holidays o Implemented in 2010 with South of Forest Neighborhood Street Improvements Phase II & III CIP Project
· Cecil Avenue (both sides of the street, from Cypress Avenue to Tyler Street) o 2-hour parking zone (8AM-6PM) any day except Saturdays, Sundays, and Holidays o Established in 2002 by Council Resolution 6895
· Stevens Creek Boulevard (north side of the street, from Cypress Avenue to Tyler Street) o 2-hour parking zone (8AM-6PM) any day except Saturdays, Sundays, and Holidays o Established in 1966 by Council Resolution 1815
Staff is targeting returning to Council in Spring 2023 with a more comprehensive report regarding the information requested from Council’s discussion on the Written Petition.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is an administrative activity that will not result in direct or indirect physical changes to the environment.
FISCAL IMPACT
There is no fiscal impact associated with this informational report except for staff time.
COORDINATION
This report has been coordinated with the Police Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Note and File the Informational Report on Existing Parking Zones related to a Written Petition (Council Policy 030), Submitted by Kirk Vartan, Related to the New Parking Permit Ordinance and Rules
City of Santa Clara Page 2 of 3 Printed on 1/14/2023
powered by Legistar™
23-1420 Agenda Date: 1/10/2023
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Location Map
City of Santa Clara Page 3 of 3 Printed on 1/14/2023
powered by Legistar™
ATTACHMENT 1
LOCATION MAP OF EXISTING PARKING ZONES ON
CYPRESS AVENUE, TYLER STREET, CECIL AVENUE, AND STEVENS CREEK BOULEVARD Stevens Creek Boulevard
Douglane Avenue
Bel Ayre Drive
Cypress Avenue
Tyler Street
Cecil Avenue
Legend
2 hour, 8A-6P, except Sat, Sun and Holidays
No Parking to accommodate traffic circle operations
A Slice of New York
TrafficCircle
Marisa Welling
From:
Sent:
To:
Subject:
Marisa Welling
Tuesday, January 17, 2023 12:21 PM
Marisa Welling
RE: Kirk Vartan's parking request comment
From: Tracie Johnson <[email protected]>
Sent: Tuesday, January 10, 2023 4:28 PM
To: Mayor and Council <[email protected]> Subject: Kirk Vartan's parking request comment
Dear Mayor and Council,
Kirk Vartan is requesting that the 2 hour parking restrictions be removed from Cecil Ave between Tyler Ave and Cypress Ave to .allow for employee parking for the businesses along Stevens Creek (Slice of New York, Surplus Store, Jiffy Lube, Smoke Shop, Sewing Center.)
I don't think it will have a negative impact on parking in the area, but I think it is important the City notify the neighbors in writing that live adjacent to these 2 hour parking signs so they can respond. My understanding is the neighbors are the ones who requested the parking signs in the first place.
Also there is 2 hour parking in front of the Lazy Boy store and the Hertz that is not used at all. Lazy Boy has a nice parking lot of its own that their front door faces. There is no entry on the building facing Stevens Creek. I would suggest removing the two hour parking in front of Lazy Boy/Hertz on Stevens Creek and replace the signs with no overnight parking signs say midnight to 5am.
Also on the north portion of Lexus there is a yellow loading zone that is posted 8am - 2pm. I suspect swing shift employees of the above businesses (and Jack n the Box) could park here as well.
Regards,
Tracie Johnson
220 Bel Ayre Drive
POST MEETING MATERIAL
1 .. _. • ... - -· • <r" ' ! I •
l • • / . ...
:Meet1agDate: · ?-15-o:3 · -Sarrtaelu.i .
'I
· ,. ~G;E~4· :~PORT
City of Santa Clara, California
2001
DATE: . July 9, 2003
TO:
FROM:
City Manager for Council Action
Director of Public Works ' .
SUBJECT: Establishment of Residential P.ermit Parking Program Final Passage of Ordinance No: 1781
. A&enda Item# _ ,5 /3
. . EXECUTIVE SUMMARY: "Proposed Ordinance No. 1781, which ·would amend the City Code .bY adding a Resid~tial:Permit Parking Program, was passed for.the purpose of publication (''passed to print'') on April ·1s, 2003.: A summary of p~posed Ordinance N:o, 1781 was published on April 23, 2003, and copies were posted.
In addition, written Guidelines for designation of residential permit parking have been prepared and made available for public review. These Guidelines .may be modified. on an administrative level during implementation of permit parking in specific neighborhoods. Toe Ordinance and .the Guidelines are attached to .this agenda report along with materials expl~g the process and answering frequently asked questions.
ADVANTAGES AND DISADVANTAGES OF ISSUE: -Adopting the ordinance ~11 establish a Residential · Pennit Parking Program. -1n· order to establish a·Program in a particular neighborhood, the neighborhood will have to vote to implement the Program in thek neighborhood.
The disadv~tages of the Program ·are· that households in the neighbo*ood will be limited in the number of vehicles they can park on the public streets, and there is a cost associated with the City's implementation of the Program for a neighborhood.
ECONOMIC/FISCAL IMP ACT: Cost impacts include material expenses and staff time to review and . process permit-only parltjng requests,· including conducting property-owner surveys, a.dri:dnistration of permit issuance, and installing signage. A_ ·typical perimt parking area on several streets in a neighborhood would require signage costing between $1,000 and $5,000, ·depending on the actual size · of the area. Parking · enforcement costs may increase if assignment of community service officers to night enforcement is necessary. -RECOMMENDATION:-That the Council approve the final adoption of Ordinance No. 1781 which amends . the City Code and establishes a Residential Parking Permit Program.
Doc11mMD Rdotetl to ti,& R..port: .
1j Ortluuu,ce No. 1711
:Z) Gul4dbia for De,lg,,otlo11 of Rnl4Mlllil Pm,,lt Pulhig .A.rftU JJ Procni Flo~ort anti Frq11M111 Aaetl (luatlo,u , · · ! • l 1' I • blllNGINUMNGll,Mnl~IM1ITIAL rDJDT ,..uBNO nNAL AIIOnlOlt JVI.Y II N,I AGlltDOC J · fer Sparacino
City Manager
I • ~ • .- . . . ' . . . .• . .. . ~ ' ... •.
• •1 • • • · _, • I • • , .,
City Manager for Councii Action ... ,
Establishment of Residential Parking· Permit Program
Final Passage of Ordinance ·No. 1781 ·
Page2of3
DISCUSSION;
Supporting Documentation
Attached to this agenda report arc the following materials:
1 .. Pmposed Ordinance No. 1781 for establishment of the Residential Permit Parldng Program · The propos.ed ordiiwice would amend the· City.Code by ~ding a Resid~tial-Permit Parking Program.
The ordinance w~ passed to print on Apri~ 15, 2003 and a·summary of it wmfpublished on April 23, 2003, with copies posted in at least three public'places. .
2. Guidelines for Designation of Residential Permit Parking Areas - The Guidelines include ·a ~~ti~n ~f ~" process to designat~ permit-only parking areas and the types of permits to ·be made available. The Guidelines may be m~ed ~n in admini~ve level if it is determined necessary by Staff. · ·
3. A Process Flowchart cglaining the process for Designation of Residential :Perm.it Parking Areas The flowchart iwnmarizes in a graphical.form the process as•outlined in the Guidelines.
4. _Answers to Frequently Asked Questions about the prpposed Program ·Questions received from residents about the Program have been compiled. summarized, and ~w~.
5. ·Chronology and Public Outreach . . .
The table on the follo~g page indicates dates·and types of meetings held. 1 . .
• :.· I
: City Manager for Council Action .
F.stablisbment of Residciltial Parking Permit Program
Filial' Passage of Ordinance No. 1781
DISCUSSION: (con't};
Chronologf and Public Outreach.
Meeting Date Meeting Description
April 15, 2003 Ci~ Q!Y!!cil Meeting
Ordinaiice' pass~ (or the
purpose, of public-ation.
May6,2003 : Citt ~oun,il Ms;eting
Ordinance forwarded-for '
adoption; '
(Item con~ued and
referred to the City
Manager for additional
public outreach)
May22,2003 . . Neipborhood Meeting
June 3, 2003 Ci!! ~owiQil ·Meeting
Update on public outreach
process
"
'
June 12, 2003 OpenHouse
. ' '·
'
Meeting ·Notice
• Norm~ posting by· City Clerk
• Residents attending the Parking Study public
meetingi ~ 2002 were notified of this
meeting by U.S. mail
• Meeting notice posted on the_ City's web
site, through the City's cable channel, plus
normal publishing and posting by City Clerk
• Residents attending the Parking Study public
meetings in 2002 were notified of this
meeting by U.S. mail
• Notice of this meeting was also posted on
the City's web site, through the City's cable
channel, and posted at City.Hall
• Meeting notice posted on the ~ity~s .web
site, through the City~s cable channel, plus
nonnal posting by City Clerk.
• Residents attending the Parking S~dy public
meetings in 2002 were notified of this Open
House by U.S. mail
• Notice of this meeting was also posted on
the City's web site, through the City's cable
channel, and posted at City Hall
- I !' .. • .... . . . _ , .. . ,; . , :- . .... .- .-. . ..
Guidelines ·
for
D~signation· of Residential Permit Parking Areas . -:- . · 1. Process Initiation
The process for designating a Residentiai Permit Parking ~ -or for adding a street to-an existing Residential Permit Parking Area, will be initiated by citizen request. The citizen request must be received from the property owner of a parcel with.access to a street for which the parking restriction is being requested. l. Problem Identification .
Once 1he process is initiated by citizen request, staff from the Traffic Engineering Division will meet with the pr~perty owner to di~cus~ the parking concerns and t~ identify all possible mitigation mea~ures, including parking prohibition, restricted parking, and parking by permit only ("pemiit parking").
3. Initiation of a ·Parking Needs Analysis - Initial Ballot Once staff has determined that alternative measures to permit parking. will not adequately mitigate the parking concerns, staff will initiate a survey by mailing.a ballot to property owners of parcels with access to the street for which the parking restriction is being requested. ·
For both designating a new Residential P~nnit Parking Area, or for ~dding a street . to an existing Residential Peri:nit Parking Area, the limits of the initial survey area . would typically be the immediate street segment for which the' parking restriction is being requested, plus adjacent street segments that may ·be affected, as determined by staff. · .
Simple majority _concurrence [fifty percent plus one (50% + 1)] from all property owners within the initial : survey area is necessary to ·initiate a parking needs analysis. Each parcel surveyed shall be allowed one vote. A sufficient time period will be allowed to receive ballots from property owners. -4. Permit Parking Needs Analysis
Once concurrence is· achieved in··the initi~ ballot pursuant to these guidelines, a permit parking needs analysis will -be conducted _by staff. The streets to be - · analyzed will be identified by -City· staff and · will include the immediate street segment for which the -parking res~cti~n is being requested, and any nearby residential street segments that may be negatively impacted by the impleme.ntation of permit.parking, as determined by staff.
The pe_rinit parking needs analysis will establish the boundaries of the potential residential· pennit parking area, or establish new boundaries if streets would be · added to an existing residential permit parking area. The analysis should be conducted during the days of the wee~ and the times of the day that the _problem occurs. -Where . applicable, the results of the University Area Parking Study J:\ENGJNEERING\DraR\WP\Aacada\Ordlnaacc\Guldcllaa ror Detlaaadoa or Raldcatlal Permit Parldn1.doc Marcb 11, 1003 · ·
PaicJ of6
·::• • • '".:.· .. ... ·: • "! . ' ; ... ~ ' •. . . - • i ·. , • : ~.
..
approved by City Council in October 2002 may be used for data collection for the analysis. In order to · establish a residential permit parking area· the -following factors should be considered:
a) There is no feasible and/or ~asonable alternative to mitigate the parking problem:·
b) Excessive numb~rs of vehicles parked in --the proposed permit parking area cause regular, reoccurring and . unreasonable inconvenience, noise, traffic h82.8J'ds, or environmerit~l 'pollution.
c) The ~isplacement of vehicles from the proposed_ residentjal permit parking area will not unduly impact other residential areas surrounding the proposed perinit parking area.
d) Minimum .parking occupancy leyel criteria shall be used to de~ennine whether the parking supply ·is either adequately, or· not adequately, satisfying the . demand on a particular residential ·street. The occupancy is defined as the ratio .of total number of parked vehicles ·versus the total number of available spaces. A minimum parking occupancy level· criteria of 80% must be consistently observed during the days and times that the parking problem is said to exist. - Where applicable, the results of .the University Area Parking Study approved by City Council in October 2002 may be used. ·s. Petition to Establish the Residential Permit Parking Area ._ Ballot Once· staff has determined that the permit parking area criteria have been met through the permit parking needs analysis,· staff will· ini~iate a petition process by mailing a ballot to all ·property owners within the proposed permit parking area boundary, as said boundary is defined ,n the needs analysis. If streets _are to be added to an · existing permit parking area, staff will mail a ballot to all property owners of parcels on the streets proposed to be added to the permit parking area.
Simple majority concurren~e [fifty percent_plus one (50% + l)] from all property owners within the proposed permit parking area boundary ( or from all property owners on the street(s) to be added to an existing permit parking area) is required for establishment of residential permit parking within the boundaries as set forth in the permit parking needs analysis. Each parcel surveyed shall be allowed one · vote. · A sufficient. time period will be allowed to receive ballots. from property owners.
6. City Council
City Council shall approve the proposed permit parking ~ or add a streets to an existing permit parking _area, . by adopting a resolution for" this purpose. lf·a resolution is adopted, all property ·owners within the permit parking area will be notified of the adoption of said resolution. In addition, an attempt will be made to notify all tenants residing within the permit parking area adopted by resolution.
The notifications will include information on when permit parking would begin . and the process for obtaining the various types of parking permits.
Implementation would not begin less than 90 ··days after adoption of said resolution.
. . J:\ENGINEERING\Dr1fl\WP\A.&eDda\Ordlnancc\GuldcllDa for Deal&aadoa o(Raldcntlal Permit ParklDc.doc Marcbll,1003 . . .
Pqelof6'
; : ;, •I
7. Parking Penn~ts: Types; Applic_ation, Renewal, and Duration Tmes: The following types of permits will be available pursuant to these guidelines:
A. Residential parking permit.
B. Permanent rion•resident owner parking pennit.
C. Temporary guest' parking permit. .
D. Employee parking permit.
E. Special use parking permit.
A. Residential ·parking permits.
Upon proper · application ·· by a resident . of a single family dwe~ling unit, a condominium dwelling unit, a townhome dwelling : unit, · an apartment dwelling unit, or _other multifamily dwelling unit, located on a street within a resid~ntial permit parking area, the Chief of Police or designee shall issue the resident a residential parking . permit for up · to two vehicles that are registered in such resident's name or that is under such resident's use and control.· Each residential parking permit issued shall state the license plate number of the vehicle for which it is issued.
B. Permanent DOD•resident o~er parking permit.
Upon proper application of a· nonresident ~wner of residential property located on a street within a residential permit parking area, the Chief of Police or designee shall issue such' owner a permanent non-resident owner parking permit. . A permanent non-resident owner· parking permit shall be for the exclusive purpose of inspecting, repairing, or maintaining the residence for which the ·permit was issued. No more than one permanent non-resident owner parking permit shall be . issued per parcel within a permit parking area.
C; Temporary gue~ parking permit.
Upon proper applic~tion of a resident of property located on a street within a residential permit parking area, the Chief of Police or desiP.ee may, in his sole· discretion, issue temporary guest parking permits to the resident to accommodate special ci.rcurnstances or special events when a resident needs to secure add_itional on-street parking for guests. Temporary guest.parking permits are valid up to ·14 days. The number of temporary guest parking permits is at the sole discretion of the Chief of Police or designee. A temporary guest parking permit shall be for the exclusive use of a guest visiting the residence for which the permit was issued.
D. . Employee parking penn~t.
Upon proper· application of a b~siness owner whose business is located on a street within a residential permit parking area, the Chief of Police or designee shaJl issue to the business owner employee parking ·permits based on the number of employees who require such permits. Each ·employee parking pennit issued to a · business owner shall be for the exclusive use of that business owner and his or her l:\ENGINEERING\Dr1R\WP\A1tnd11\0rdln1net\Guldtllan ror Dal&aatloa orRet1deatl1l Ptrmtc P1rklag.doc M1rcbll,lOOJ · · . · · · ·
Pqc3of6
.. , '
. • ~ • . • - " • : • I -
·employees. - The determination of the appropriate number of employee parking . · permits to be issued to any one business owner· shall 'be made by the Chief of Police. Such number shall not, however, exceed the lesser of the actual number of employees of the particular business or the number of employees identified on the business tax certificate -application for that business. ' The business owner to whom any employee parking permit is issued shall be responsible for retaining such permit upon departure of an employ~e for whom a permit was issued.
E. . Special use parking permits. · _
Upon proper application to arid at the sole discretion of, the Chief of Police or designee, may. issue · special use parking permits for special uses riot otherwise addressed in this chapter. Special use parking permits s~all be issued exclusively · for uses associated with· properties located on a street within a residential permit parking area: The Chief of Police or designee may exercise the discretion to issue special use parking· permits only if they determine that issuance of the · permits will not adversely affect the overall · availability of parking in the neighborhood within which the special use will occur. In makin·g this -· determination, .. the Chief of Police shall consider ~e duration of the proposed special use,· the number of special use parking permits requested, the number of . available parking spaces on the days and hours for which the special use parking permits are requested, the impacts on traffic circulation, and any other factors that the Chief of Police or designee deeins relevant. As a condition of issuing any special use parking permit, the ·chief of Police or ~esignee . may set reasonable restrictions on the days arid times of the week during which such permit will be valid. Any such restrictions shall appear on the face of the permit.
Application. Renewal and Duration
Any of the parking permits provided for in this chapter may be obtained or renewed upon application to the Chief of Police or designee. The Chief of Police or designee shall promulgate regulations for: the determination of the manner in which _ proof of eligibility for parking permits shall be demonstrated and • promulgate all other regulations necessary for governing the manner in which persons shall qualify for parking permits. ·
Each application for a residential, permanent non~resident owner, or temporary . guest parking permit shall contain:
A. The name of the applicant;
B. Information sufficient to demonstrate that the appli(?ant is a resi4ent of property located on a street within a residential permit parking area, or, that the applicant is a . nonresident owner of property located on a street within a residential permit parking area;
C. If the application is for a residential parking permit, the license number of each vehicle for which a permit is sought and.:information sufficient to establish applicant's ownership or use and control over such vehicle; · · D. If the application is for. a temporary guest parking permit~ a brief, but detailed, statement of the reason that the applicant is ·seeking a t~mporary guest l:\ENGINEERING\Dn1R\WP\A1cnda\Ordln.nec\Guldeilne1 Cor Dnl1aatloa ofRaldcadal Permit Parld111-doc Marcia ::u, 2003 · ·
Paac:4 or&
, · .... ·'. ' ... ,• : .
parking pennit·and the length of time, not to exceed fourteen days, that the pennit :
is needed; .
E. · If the application is for a pennanent non-resident owner parking pennit by a nonresident owner, information sufficient to.demonstrate that the applicant is not a resident of property located on a street within a residential pennit parking area; and ..
F. Such other infonnation as may be deemed relevant by the Chief of Police or . designee.
Each applic~tion for an employee parking pe~t shall contain:
A. The name of the applicant;
B. Infonnation sufficient to identify that the business for which the pennits are being sought is located on a street within a residential. pennit parking area; C. The number of persons employed .by applicant at the business located adjacent to a street oi portion. of street within a pennit parking area and the · number of commercial parking permits being requested; and .
D. Such other information as may be deemed relevant by the Chief of Police or designee.
Each' application for a special use parking pennit shall contain:
A. The name of the applicant;
B. Infonnation sufficient to identify that applicant is a resident or business located on a street within a residential permit parltjng area; . .
C. A detailed ·statement of the proposed special use, including, but not limited to, the duration of the proposed special use, the number of special use permits needed; and the days and hours of the special use; and
D. · Such other information as may be deemed relevant by the Chief of Police or designee.
Permit. for replacement vehicle: Whenever the holder of a ·valid residential parking pennit replaces the vehicle for which the p_arking permit was issued with another vehicle~ a new residential parking permit for the replacement vehicle shall be issued upon return of the old permit. The new residential parking permit shall have the same expiration date as the permif that it is replacing. · Duration of permits: The Chief of Police or designee shall fix the ,period during which all parking permits issued pursuant to this chapter sluill: be valid subject to the foilowing limitations:
1. No residential, permanent non-resident owner, or employee parking permit shall be valid for more, than two years;
2. No temporary guest parking permit shall be valid for more than fourteen consecutive days; and
3. No special use parking permit shall be valid for more than ninety consecutive days.
l:\ENGINIEERING\Drafl\WP\Actnda\Ordlnaace\Guldellan for Dat1aatJoa or Raldtadal Permit Parkla1-doc . Manb 21, 2003 . ; . · ' .. · · Pace5of6
..
I .
' ' .. ...
All parking permits issued shall clearly indicate the date upon which they expire and shall be . issued or renewed in accordance with the rules estabiished by the Chief of Police or designee.
Fees: The fee for obtaining, replacing and renewing a parking pennit shall be $2.00 per pennit. Parking permits that are lost by fire, vandalism, theft or · accident shall be replaced upon presentation of evidence satisfactory to the Chief of Police or designee that such loss has occurred.
l:\ENGINEERJNG\Dnft\Wl'\A1c.d1\0rdln1nct\Guldrllnn for Dnlgaadon of Raldendal Permit Parklq.doc March :U, JOOJ .
Page6of6 ·
. .
' '
- . .. . .. . ,., , :··· - ... -· · ... ' -~- ·-··· .. - . • •:-•·- - -... . - ... ' . . . ........ . .. ~--· .. -·· --- ,-- ··-~-- .... ,, . - . , ·•- . . -: . • . • ," • • ~ •·• • •• I • • ' • •- ' '
. .
.. RESIDENTIAL PERMIT-OHL Y PARKING
. Process Flowchart .
(ff Resident/al Permit Parking Ordinance Is Adopted):
Staff may hold
neighborhood meetings
throughout process.as
determined necessary.••· ·
Prop~rty owner(s)
request received :
by City.**
Meeting occurs .
between City staff and
· property owner( s )"*
Initial ballot sent to property owners
· within immediate vicinity to gauge
Interest in permit-only parking.
50%+ 1
concurrence
received on
initial ballot.**
-Yes .
-Staff performs Needs
Analysis for permit-only
parking
S~ff Implements
alternatives. such as creation
of timed~parking zones.
Process ends.
Process ends. I :
·Yes
· See next page
Plplof6
**Op.portunities
for public input
. .
Staff may hold
neighborhood meetings
· throµghout ·process, as
determined necessary.**
...... . . , .. ,•
See ·previous page_
Staff detennines pennit• .
-parking boundaries· based
on Needs Analysis.
Staff mails ballot to property
owners within pennit-only
parking area boundary.
Staff,prepares ·
Resolutior, establishing
pennlt-orily parking area.
Resolution · .
passes
Staff notifies
residents ·and
property owners
S~ Implements p~nnit..only
parking no less than 90 days
after adoption of Resolution.
Pqe2of6
Process ends.
. ·-opportunities
for .public Input
. ' ' ' ·.· .. ';•. ' . , - ·. . ., •' . ·.· ., · .. , ..
RESIDENTIAL PERMIT-ONLY PARKING
FraauenUv Asked Questions fFAQ'sJ
1. May the --City _res~~ parkingi ~o th~t parking permits are issued to residents for ·the area Immediately in front of their residence? While the Ctty has· ·substantial authority through the California : Vehicle Code to craft preferential parking programs to address parking problems, it must also stay In <:4rripliance with the legislative intent of the Vehicle Code which requires the City to take the least restrictive meas':lres that · are reasonable and necessary when crafting a parking pennit program.
The City cannot create ·a parking program in which pennits are issued to residents to park In the area Immediately in front of their residence because it would be restrictive, it would not be reasonable, and It would unnecessarily restrict the use of _public streets by the public. · 2. May _the City ~strict the vote to establish pennlt parking to only resident owners, thereby excluding non-resident property owners· .(landlords) from voting? · ·
The City cannot prohibit , non-resident landlords from voting on . establishme.nt of permit parking in a neighborhood which affects their tenants, since the non-resident landlords have a substantial property . interest in the implementation of this permit parking.
3. What are the costs associated with the establishment, administration and enforcement of a perrnit:-<>illy parking area? ' . .
Staff time and material expenses will be expended . on installing pennit parking signs and issuing ·permits. Permit sticker material costs are -- nominal. · A typical pennit parking · area on several streets In ·a neighborhood would require slgnage costing between $1,000 and $5,000, depending on the actual size of the area.
Staff time . wlll also be expended on· enforcement. If an officer is • dis.patched on a··complalnt~ ttiere would !not be an additional cost as ·jt becomes just another call.for_·service~ If a number.of neighborhoods had permit parking and violations were common, enforcement costs would increase. Also, If after-hours, night, or weekend violations are significant, overtime work by Community Service Officers would be required; enforcement costs are difficult to estimate at this time.
4. How would a permit-only parking area be enforced?
Community Service Officers would patrol ·the permit parking area and issue tickets to vehicles parked witho.ut · a v~lid pennit. · · Also, an officer could be dispatched on a complaint· and also issue a ticket to a vehicle parked without a valid permit. Officers will not have to mark tires of vehicles within a permit parking area, since any vehl.cle not displaying a Plp3of6
. .... .. . ,'. , ·
' valid permit is in violation of the permit-parking regulation. lllega·uy parked vehicles are not typica.lly ·towed unless. the vehicle is in violation of the city's abandoned vehicles regulations in which vehicles· are parked on the street for longer than. 72 hours. : .
5. How wm · permit parking areas be enforced after-hours; ·at night, or on weekends? · . '
An officer would be dispatched ·on a complaint to ticket a vehicle parked without a valid permit. If after-hours, night, or weekend violations are significant, overtime work by Co~munity Service Officers would be requir~d to enforce permit-only parking.
6. What different types of permits are going to be made available? The following types <;>f p~rmits are proposed:
a. Resident parking permit -for. permanent residents · (2 per dwelling unit; veil~ for 2 years from date· of Issuance) . .
b. Non-resident owner parking permit for short-term visits to property by owner for property maintenance, repairs, and Inspection. (1 per property; valid for 2 years from date of issuance) ·
c. Temporary guest parking permit (Number of permits per household at discretion of Police Department; valid for no more than 14 days from date of issuance).
d. Employee parking permit for employee parking on public streets adjacent to businesses. (Number of permits per business shall not exceed the number of employees and is at ttie discretion of the Pollce Department; valid for 2 years from date of Issuance) e. Special use parking _permit for special parking requests not covered under other permits (Number of permits per household at disc~tlon of Police Department; valid for no more than 90 days from date of issuance).
7. Why are perm~n~nt reslden~ J>f single ramlly homes, apartment _units, and townhomes allowed two permits per household?
Two permanent resident permits per household will . allow the greatest flexibility to ali affected residents ~hlle_ preventing high occupancy parking rates f~m overwhelming a nelghborhoo_d.
8. · How will 14-day gue~t permits be enforced?
All the types of permit ·stickers will have the date of expiration on the face of the ·sticker. The different types of permit stickers will also be color coded for ease of enforcement. . .. .
Pap-4or6
. ' . - ._ . - ..
\ .
.·. :··· .. ... , . . ' : . '
. .
9. .Why are non-resident owne~ allow~ a parking permjf? Non~resident owners are glv~n one permit each for the ·purpc;>se of visiting th~lr·property in order to inspect, n:iaintain, or ~pair the property on an occasional basis. ·
·10. What are other ·alternative solutions or mitigations other than ·permit-only parking? · ·
In neighborhoods with parking problems, Urned parking ·zones ;(1, 2 or 4- hours) '·may mitigate high ·parking:· demand; Parking. problems iri'· some neighborhoods may" be resolved by ;obtaining ·a voluntary reduction· in on~ street.parking by a high parking generator,= such as a business, school, or church. There also may be a variety of other ways to mitigate or solve -parking problems in other nelghborh'oods,· depending on eac~ situation. . .
11 ~ What happens· to current timed_ parking on streets where permit parking ·1s : established? ·
- If permit-only parking Is established on ·a street'with ·existing timed parking (1, 2 or 4-hours), :then the existing timed parking will be repealed on those streets. If pemiit~nly parking is 'not established,· then · the timed parking zone would remain.
12. ls ·there a minimum geographic size· and/or minimum number of properties for each permit parking ar~a?
There is no minimum size or minimum number of properties for a permit· parking area. The size of the permit parking area and the· number of -properties within the a~ will be ~stablished thro~gh the Needs Analysis.
The Needs Analysis will determine which properties are affected by high parking demand and will establish a boundary in order to address the parking problem. The boundary area will need to be large enough so that . the parking problem Is not shifted to adjacent streets. ·1·3.May'a small number of property owners on a short segment of street have a permit parkil'.lQ area es~bllshed for only their properties? ,. . · A minimum r-umber of_prope~ owners (5~%+1) within a prop~sed permit · p_arking · area, as d~termlned by a Needs. Analysis, must approve of the establishment of a .permit parking area. The permit parking area must be of s~fflcient size to solve the parking problem without ·shlfting'it to adjacent streets. A small number of property owners on a short segment of a street · · will not be allowed permit-only parking for their respective short segment . of street since ·establishment of too small a zone would simply shift the · parking problem to adjacent properties and streets.
PlpSoU
14. Why .was 50%+1 of all , affected -property owners · chosen as the concurrence rate? . ' :
50%+1 of all p1"9perty owners was chos~n as the· preferred cori~rrence . ·rate ~a.cause· it is a simple majority of. property owners, which is fair and reasonable. ·
15. How will ~~tification to property ow~e_rs occur during the process? Notfflcatlon to property owners may_ occur at the following times:
(1) When an Initial-request is received, a·meetlng with City .staff and the property owner . could · Include several affected and lnter~sted property owners ·
(2) A detailed ~nd comprehensive description of ;permit-only parking will be provided with the initial ballot that Is sent to prop~rty· owners within the immediate vicinity · ·
(3) A detailed and comprehensive description ·of permit-only ·parking will be . provided with the second ballot thaf Is sent to property -owners to establish permit-only parking . ·
(4) If a resolution· is passed by Council ~stablishlng a permit parking area, all residents and property owners within the area will be notified with a detailed and comprehensive description of permit-only parking· (5) Neighborhood meeting(s) would be offered at appropriate times during the process if determined that they are necessary
: 16. Who will be allowed to vote on the initial ballot to gauge. interest as well as the.ballot ·to establish a ·pennit parking area? . . - .
All .property owners , of both owner-occupied and non.:.owner · occupied properties are given the opportlirilty to vote.
: ' l:\ENGINEERIN,G\Drafl\WP\Agenda\Ordln&f!C8\Resldentlal Parltlng Pennlt Flow Chart and FAQ.doc Pqc6or6
i, :
Tuesday, July 15, 2003
Ms.Joanne G. Bruna, Homeowner and divorced single woman Home Residence)
· Santa dara, California 95050-5903
· - · - ~ ,. 1y Home Telephone)
5". 13
P.~c;re:1,-1!:D
JUL 1 5 2003
Ci!., C!erk's Off(C&
City ot Santa Clara
To: Mayor Patricia M. Mahan. Dominic Caserta, Rod Diridon, Jr., Patrick Kolstad, Jamie L Matthews, John L. McLemore, Aldyth Parle
To: City Manager Jennifer Sparacino .
To: Steve Yoshino, City Director of Public Works; Dave Pitt0n. City Traffic Engineer To : Steve Lodge, SCPD Police Chief To: Geoffrey Goodfellow, Director Planning Hand Delivered on ,l u1 11 1:s:, 'loo 'b Received by ___________ _ Date Received __________ _
Re: City Wide Proposed Residendal Pmnit Parldg· Ordinapce (Page One of Five Pages)
The Proposed Ordinance . It is the understanding in which the parking ~udy has resulted in said proposed ordinance:
c· die proposed "ordinance", which sets up the formal framework and legal basis for the "program .. , described, and if approved by City Council, would officiaU y become part of City Code.
D the proposed ''proaram" itself would be the contained "guidelines", which would involve further City Council action: as the proposed "guidelines" require passage of a Resolution to implement the said "program".
Noticing City ReslcleQts To The Effect
1. In year 2002, attention to on-street parking matters, appeared to become more pronounced.
Hence, the City and University "parking study'' was implemented to address issues in th& surrounding City of Santa Clara residenUal neighborhood areas.
2. By May 2003, a proposed ·parking ordinance• reached the "pass to print" proposal stage at the May 6, 2003 City Council meeting, whereby given attending Santa Clara residents, raised concern to fully notify the neighborhood to the effect first, regarding the ~ City-wide proposed ordinance and proposed guidelines. City Council and City AdministraUon returned the proposals to staff. In turn, small attended outreach meetings were held: appearing that very limited direct notices were mailed.
3. July 15, 2003. Currently, the proposed ordinance is on agenda for 07/15/03 City Council meeting. 4 . Concerns raised:
a. A larger scope of official direct mailings by City to residents, as to directly and individually inform residents, wilh sufficient timeframe to review pertaining material proposals, and subsequently, engage interested residents to attend outreach meetings. · b. To infonn residents to the subsequent steps taken in 2003: the actual proposed ordinance . presented at the April 15, 2003 City Council meeting; the May 6, 2003 City Council meeting, for proposed final adoption, where concern was raised as to how many residents that would be affected, were aware of the fine points of proposed ordinance/proposed guidelines.
Ms. Joanne O. Bruna. Homeowner and divorced single woman ~ Alviso Street (My Owned Home and My Home Residence) Santa Clara, California 95050-5903 My Home Telephone is (408) 296-3126
Page Three of Five Pages Hand•Delivered to City of Santa Clara City Clerk's Office on July 15, 2003 Re: for July 15, 2003 Council Meeting-Agenda Item on Proposed City Wide Residential Permit Par.king Ordinance Efftctive Safety Measures In Implementing
Combined I•Marks and Red · Curb Desjgnations
Red curb designations at each driveway that accesses the public street; red curb designations at each comer; and, coupled with effectively spaced t-marks results in increased safety measures for all neighbors. · . .
1 . Safety for all neighbors; as to safely· view the neighborhood street41 for any suspicfous or unusual night activities, as in our neighborhood, collectively we continue to work for safety of neighbors, from day to night.
l. Would clearly define the number of premium parking spaces available on the neighborhood public street. Starting with a base fipre and working from this point, would bring awareness to available spaces when individuals are interested in renting or leasing in neighborhood.
This could result in an proactive approach among landlords and tenants. for example:
if a landlord rents to eleven tenants, and each are with vehicle, the impact is immediate.
However, if the base fiaure for spaces available are implemented and designated by t-marks/red curb designations--this possible could be a measure to lessen said impact. · •
3. Safety for all neighbors, as a clearer visibility to access out of driveways; to resolve the bumper-to-bumper adverse impact, caused by congested on-street parke~ vehicles.
4. In my neighborhood, "the Alviso Street neighborhood", making best use of on.:.street par.king spaces, with the focus of a defined safe and orderly desiwation. (versus maximizing . how many vehicles can be packed in), is crucial to safety and balance. 5 . Along these same lines: neighbors, from residing homeowners to student neighbors, to to neighbors who are long time residents, should be given the first priority to said premium on-street public neighborhood street parking.
6 . Along these ~me lines: a defined safe and orderly desiF.tion of available on~street parking · spaces, can further entail the COJ:ttinued collaboration with SCU. . .
7. Along.these same lines: a defined safe and orderly designation of available on-street parking spaces, further strengthens the continued collaboration with SCPD and existing enforcement measures.
Beaanline Proposed Parkinc O,:djynce/Gaidellnet Cnmrnents · 1 . Note: given comments regarding the proposed ordinance and guidelines suggested the need to increased SCPD enforcement personnel to the effect, while City is in a ••budget crisis". 2 .Note: Other comments suggesting demolishing existing structures in the Alviso Street neighborhood, as to construct slabs of cement for parking: adds further congestion/traffic, raising issue to land use/zone; and is not viewed as an beautification effort to a neighborhood . :,
... ···---· ... •··-· ...... ·---~- - ~---------.....J
,-
Ms. Joanne G. Bruna, Homeowner and divorced single woman · idence) Santa Clara, C'.alifornia 9.5050-5903
Myltomi,-'tilepbooe ia _____ _
Page Five of Five Pages Rand-Delivered to City of Santa Clara City Clerk's Office on Ju.ly 15, 2003 Re: for July 15, 2003 Council Meeting-Agenda Item on Proposed City Wide Residential Permit Parking Ordinance In Closing
1 . The ramification of this proposed ordinance/ guideline~. holds many· unknown variables. 2 . One neighbor, upon verbally hearing of this proposed ordinance/guidelines, emphasized that the neighborhood streets are public streets; that the primary users are the residing residents; and further suggested the 10% ratio as added suggestion.
3 • In tum the following points:
a. Implement of red curb and t-rnarks to define base figure of safe, orderly on-street _parking spaces available.
b. Primary users (residing residents, from student, homeowners, long time neighbors) c. Sufficient special parking spaces for handicapped individuals. d. 10% allocated for special needs.
· *Could a pilot program be implemented to the above, prior to passing the proposed ordinance/guidelines, as to assess if this would commence to resolve said parking congestion ? Assessing further the successful collaboration of'neighbors with City and the cost effective measure to the effect?
4. The Alviso Street neighborhood area, segment of street areas, has already commenced successful implementation of red curbs/t-marks. This is due to successful collaboration among neighbors and with their City.
Thank you, for your review of this correspondence,
~~.~
Joanne G. Bruna
,J.,
I • , •
JUL. 1 5 'l003
City Clerk'$ otilce . City of Santa Clara
•, :·.
ORDINANCE NO. 1781
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARA, CALIFORNIA, ADDING CHAPTER 10.40
[ENTITLED "RESIDENTIAL PERMIT PARKING") TO
TITLE 10 [ENTITLED "VEHICLES AND TRAFFIC'! OF
"THE CODE OF THE CITY OF SANTA CLARA,
CALIFORNIA" TO PROVIDE A RESIDENTIAL PARKING
PERMIT PROGRAM ·,.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SANTA CLARA, .
CALIFORNIA, AS FOLLOWS:
WHEREAS, a City of Santa Clara and Santa Clara University Parking Study Report was prepared to address the university area parking issues; and,
WHEREAS, recommendations described in the ·Report .included· the adoption of an ~rdin.ance for implementation of a full time residential parking pennit program where it is appropriate and supported by the residents.
NOW THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF SANTA CLARA, CALIFORNIA, AS FOLLOWS:
SECTION 1: That ''The Code of the City of Santa Clara, California" ("City Code" or ''SCCC") is in ' '
the process ofrecodification. The new City Code will have a completely new numbering system. The ' .
section numbers fo this ordinance utilize the ne~· numbering system: Until the new City Code is adopted in its entirety, sections that are amended are enacted with the new numbering system. In instances where it is necessary ( or convenient) for enforcement and/or fee collection purposes, resort may be made to a conversion table, which correlates the new section numbers to the old section . :\\ numbers, and either section number (new or old) may be utilized.
SECTION 2: That a new Chapter is added to Title 10 (entitled "Vehicles and Traffic ·,,) of "The Code of the City of Santa Clara, California," to read as follows:
. '
Ordinance/Residential Permit Parking
Rev: 03/1 1/03; Typed: March 26, 2003
....
Pagel of8
:·,•,.'
CHAPTER 10.40. RESIDENTIAL PERMIT PARKING
10.40.010. Definitions
(a) Business owner. "Business owner" means the owner of a business with access to a street within a residential permit parking area, and such owner's agent. (b) City Manager. "City Manager" means the City Manager or designee. (c) Residential permit parking area. "Residential permit parking area" means any a~ea designated by resolution of the City Council where a permit is required to park on the street.
(d) Residence. "Residence" means each single family dwelling Wlit, condominium dwelling unit, townhome dwelling unit, apartment dwelling unit, or other multifamily dwelling unit with access to a street within a pennit parking area.
10.40.020. Designation of Residential Permit Parking Areas . ..
(a) Guidelines for Designation of Residential Permit Parking Areas City Manager shall prepare guidelines for the designation of residential permit parking areas selting forth process and criteria. Those guidelines, and any revisions thereto, shall be effective upon approval by the Cily Manager.
(b) Resolution for Designation of Residential Permit Parking Area Residential Permit Parking Areas may be designated or dissolved by resolution of the City Council. The City Council shall, pursuant to the guidelines for the designation of residential permit parking areas then in effect, consider for designation those areas satisfying the criteria set forth in the guidelines. ff the City Council determines that the criteria have been met and that the procedures have been followed, it may designale by resolution a Residential Pemrit Parking Area with appropriate boundaries.
10.40.030. · Adding Streets to Residential Permit ParkJng Areas (a) Pursuant to the guidelines for the designation of residential permit parking, a street or portion of street not currently within a residential permit parking area may he added to a residential permit parking area.
(b) The City Council may designate by resolution that such street or portion of street he added to the residential permit parking area pursuant to this chapter.
Ordinance/Residential Permit Parking
Rev: 03/11/03; Typed: March 26, 2003
• .• :..,·
10.40.040. Residential Permit Parking Prohibitions
(a) Posting.
(1) The City Manager shall cause appropriate signs to be erected and maintained on all streets and portions of streets within each residential pennit parking area. (2) The signs that the City Manager causes to be erected pursuant to this section shall provide clear notice of the days and times of the parking prohibition applicable to the street upon which the sign is erected.
(3) The parking prohibition set forth in this Section shall not be effective and enforceable on any street or on any portion of street within a residential permit parking area unless the signs required by this section have been erected. (b) Display of permits.
(1) Parking permits shall be disp]ayed in a manner determined by the City Manager.' (2) The City Manag~ shall notify each· permittee of the proper m·anner in ~hich to display a parking permit.
(3) The proper display on a vehicle of a valid parking permit issued pursuant to this chapter grants only the privilege of parking the vehicle in the residential permit parking area for which the pennit was issued.
(4) Each vehicle displaying a parking pennit shall be parked in a manner that conforms to all other parking and vehicle regulations and laws established by this code and by the California Vehicle Code.
' • ..
(5) A valid parking permit issued under this chapter shall not guarantee or reserve to the holder an on-street parking space on any street or portion of street within the residential permit parking area for which the permit was issued. (c) Prohibition.
Except as otherwise specified in this chapter, no person shall park a vehicle on any street or any portion of auy street within a residential permit parking area on the days and during the times posted unless such vehicle has a properly displayed and valid parking permit issued pursuant to this chapter.
Ordinance/Residential Permit Parking
Rev: 03/11/03; Typed: March 26, 2003
10.40.050. Exceptions to Residential Permit .Parking Prohibition The following types of vehicles may park within a residential permit parking area without a parking pcnnit:
(a)
{b)
(c)
(d)
(e)
(f)
Any commercial vehicle while making a pickup or delivery of goods, wares or merchandise from or to any building or structure located adjacent to any street or portion of street within a permit parking area;
Any commercial vehicle while under the control of a person involved in, or while delivering materials to he used in the maintenance, repair, alteration, remodeling or construction of any property that is located adjacent lo any street or portion of street within a permit parking area;
Any vehicle owned by a public utility or a licensed contractor while necessarily in use in the construction, installation or repair of any public utility located adjacent to any street or portion of street within a permit parking area;
. .
Any vehicle owned and operated by a government agency while engaged in government business;
Any emergency vehicle, including, but not limited to, an ambulance, fire engine or police vehicle, while being operated on official business; or
Any vehicle that displays the identifying disabled person's license plate or the disabled person's placard issued by the department of motor vehicles.
10.40.060. Types of Residential Parking Permits
(a) Residential parking permit.
• '
A Resident may obtain a residential parking permit upon proper application pursuant to the guidelines for the designation of residential permit parking areas then in effect. (b) Permanent non-resident owner parking permit.
A non-resident owner of a Residence may obtain a permanent non-resident owner parking permit upon proper application pursuant to the guidelines for the designation of residential permit parking areas then in effect. A permanent non-resident owner parking permit issued to a nonresident owner shall be for the exclusive purpose of inspecting, repairing, or maintaining the residence for which the permit was issued.
Ordinance/Residential Permit Parking
Rev: 03/11 /03; Typed: March 26, 2003
(c) . · Temporary guest permits.
A Resident may obtain a temporary guest permit upon proper application pursuant to the guidelines for the designation of residential permit parking areas then in effect, to accommodate guest parking. A temporary guest parking permit shall be for the exclusive use of a guest visiting the residence for which the permit was issued. (d) Employee parking permits.
· A business owner whose business is located adjacent to a street within a permit parking area may obtain employee parking permits upon proper application pursuant to the guidelines for the designation ofresidential permit parking areas then in effect, based on the number of employees who require such permits. Each employee parking permit issued to a business owner shall be for the exclusive use of that business owner and his or her employees.
( e) Special use parking pennits.
Residents may obtain a special use parking permit upon.propei application pursuant to the guidelines for the designation of residential permit parking areas then in effect, for special uses not otherwise addressed in this chapter. Special use parking permits shall be issued exclusively for uses associated with Residences.
10.40.070. Issuance and Renewal of Residential Parking Permits Any of the parking permits provided for in this chapter may be obtained or renewed upon application to the City Manager, pursuant to the guidelines for the designation of-residential permit parking areas then in effect. The City Manager shall:
(a) Promulg~te regulations for the determination of the ~ann.er in· which proof of eligibitity for residential parking permits shall be demonstrated; and (b) Promulgate all other regulations, not inconsistent with this chapter, that the City Manager detennines are necessary for governing the manner in which persons shall qualify for residential parking permits.
10.40.080. Prohibition on sale or transfer.
- . .
(a) No person shall sell, transfer or allow another person to use a residential parking permit issued pursuant to this chapter unless authorized to do so by this chapter.
Ordinance/Residential Pennit Parking
Rev: 03/11/03; Typed: March 26, 2003
.. ······---·" ··-··---~---------------------------........... - (b) No person shall purchase, transfer, acquire or obtain a residential parking permit described in this chapter unless otherwise authorized to purchase, transfer, acquire or obtain such parking pennil by this chapter.
10.40.090. Fees.
' . . .
(a) The fees for obtaining, replacing and renewing a residential parking permit shall be as set forth in the guidelines for designation of a residential permit parking area. (b) Residential parking perm.its that are lost by fire, vandalism, theft or accident shat l be replaced upon presentation of evidence satisfactory to the City Manager that such loss has occurred.
10.40.100. Denial or Revocation of Residential Parking Permits (a) The City Manager may deny an application for issuance or renewal of a residential parking permit described under this chapter, or revoke a residential parking permit issued · under this chapter, upon detennining that the applicant or permittee has:
(1) SuppJied the City Manager with incorrect information;· {2) Violated any conditions placed upon the residential parking permit; or (3) Otherwise failed to comply with the provisions of this chapter or any rules or regulations promulgated by the City Manager pursuant to this chapter. (b) With regard to a special use pennit, the City Manager shall revoke such permit upon determining that it adversely affects the availability of parking in the neighborhood within which the special use will occur or is occurring. In determining whether the special use parking adversely impacts the availability of parking, the City Manager shall consider:
(1) Complaints by persons issued residential and employee parking permits regarding the availability of parking;
(2) Increased traffic congestion in the area resulting from motorists searching for parking; and
(3) Any other factors that the City Manager deems relevant. (c) Appeals of decisions on permits to the City Manager.
An applicant may appeal a decision on any permit provided for in this chapter to the City Manager or dcsignee. The applicant must file such appeal with the City Manager or dcsignce within ten business days of the decision. The City Manager or designcc shall Ordinance/Residential Pennit Parking
Rev: 03/11/03; Typed: March 26, 2003
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill .
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
hold a hearing within forty-five business days of the filing of such appeal, at which time ·· applicant may present any evidence relevant to the application. The City Manager or dcsigncc shall within ten business days of such hearing issue a decision either affirming the denial of the application, or shall issue a permit. The decision of the City Manager or dcsignec shall be in writing, shall specify the grounds therefore, and shall be final. (Section 3, 4 and Signature Foliows on Page 8)
. , ' ,
Ordinance/Residential Permit Parking
Rev: 03/11/03; Typed: March 26, 2003
Page7 of8
SECTION 3: Constitutionality, severability.
ff any section, subsection, sentence, clause, phrase, or word of this ordinance is for any reason held by a court of competent j~risdiction to be unconstitutio~al or invalid for any reason, such decision shall riot affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection; sentence, clause, phrase, and word thereof, -irrespective of the fact that any one or more section(s), subsection(s), _ - sentence(s), clause(s), phrase(s), or word(s) be declarc4 invalid.
SECTION 4: Effective Date. (Unless it is adopted by S votes as an emergency measure.) Th.is ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 81 2 of "The _ Charter of the City of Santa Clara, California."
PASSED FOR THE PURPOSE OF PUBLICATION this 15th day of April, 2003, by the following vote:
AYES: COUNCILORS: Diridon, Kolstad, Matthews, McLemore, Parle and Mayor Mahan
ABSENT:
ABSTAINED:
COUNCILORS:-None
COUNCII.,ORS: Caserta
COUNCILORS: None
Ordinance/Residential Pemrit Parking
Rev: 03/11 /03; Typed: March 26, 2003
ATTEST: -<'. t.!fc-, (" u ·· ---:::il'-----==..::...::~'J.t.!.=- 'E. BOCCIGN
City Clerk
City of Santa Clara
Guidelines
for
Designation of Residential Permit Parking Areas . ~· . . .
1. Process Initiation
The process for designating a Residential Permit Parking Area, or for adding a street to · an existing Residential Permit Parking Area, will be initiated by citizen . request. The citizen request must be received from the property owner of a parcel with access to a street for which the parking restriction is being requested.
2. . Problem Identification . . .
Once ·the process is initiated by citizen request, staff from the Traffic Engineering Division will meet with the property owner to discuss the parking concerns and to identify all possible mitigation measures, including parking prohibition, restricted parking, and parking by permit only ("pemiit parking").
3. Initiation of a Parking Needs Analysis - Initial Ballot Once staff has determined that alternative . measures to permit parking will not adequately mitigate the parking concerns, staff will initiate a survey by mailing.a . ballot to property owners of parcels with access to the street for which the parking restriction is being requested. ·
For both designating a new Residential Permit Parking Area, or for adding a street . to an existing Residential Permit Parking Area, the limits of the initial survey.area would typically be the immediate street segment for which the' parking restriction is being requested, plus adjacent street segments that may be affected, as determined by staff. · . -
Simple majority concurrence [fifty percent plus one (50% + 1)] from all property owners within the initial . survey area is necessary to initiate a parking needs analysis. Each parcel surveyed shall be allowed one vote. A sufficient time · period will be allowed to receive ballots from property owners.
4. Permit Parking Needs Analysis
Once concurrence is achieved in the initial ballot pursuant to these guidelines, a permit parking needs analysis will be conducted _by staff. The streets to be . analyzed will be identified by. City' staff and · will include the immediate street segment for which the parking restriction is being requested, and any nearby residential street segments that may be negatively impacted by the implementation of permit parking, as determined by staff. .
The perinit parking needs analysis will establish the boundaries of the potential residential · permit parking area, or establish new boundaries if streets would be · added to an existing residential permit parking area. The analysis should be conducted during the days of the week and the times of the day that the problem occurs. . Where applicable, the results of the University Area Parking Study J:\ENGJNEERING\DraR\WP\Aaeada\Ordlnance\Guldcllnea for Dnlanadoa or Raldeadal Permit Parldaa.doc Marcb :U, :2003 · · ·
PaieJ of6
·, '·
. . . . . . . . .
approved by City Council in October 2002 I1_1ay be used for data collection for the analysis. In order to establish a residential permit parking area the • following . factors should be considered: ·
a) There is no feasible and/or reasonable alternative to mitigate the parking .problem. . . . . .
b) Excessive numbers of vehicles parked in the proposed permit parking area cause regular, reoccurring and unreasonable inconvenience, noise, traffic hazards, or environmental 'pollution.
c) The displacement of vehicles from the proposed residential permit parking area will not unduly impact other residential areas surrounding the proposed permit parking area.
d) Minimum parking occupancy level criteria shall be used to determine whether the parking supply is either adequately, or not adequately, satisfying the . demand on a particular residential street. The occupancy is defined as the ratio of total number of parked vehicles versus the total number of available spaces. A minimum parking occupancy level· criteria of 80% must be consistently observed during the days and times that the parking problem is said to exist. . Where applicable, the results of .the University Area Parking Study approved by City Council in October 2002 may be used.
S. Petition to Establish the Residential Permit Parking Area ·_ Ballot Once staff has determined that the permit parking area criteria have been met through the permit parking needs analysis,· staff will· initiate a petition process by mailing a ballot to all property owners within the proposed permit parking area boundary, as said boundary is defined in the needs analysis. If streets are to be added to an · existing permit parking area, staff will mail a ballot to all property . owners of parcels on the streets proposed to be added to the permit parking area.
Simple majority concurrence [fifty percent plus one (50% + l)] from all property owners within the· proposed permit parking area boundary (or from all property owners on the street(s) to be added to an existing permit parking area) is required for establishment of residential permit parking within the boundaries as set forth in the permit parking needs analysis. Each parcel surveyed shall be allowed one · · vote. • A sufficient time period will be allowed to receive ballots. from _property owners.
6. City Council
City Council shall approve the proposed pennit parking area, or add a streets to an existing permit parking area, .. by adopting a resolution for'· this purpose. If· a resolution is adopted, all property owners within the permit parking area will be notified of the adoption of said resolution. In addition, an attempt will be made to notify all tenants residing within the permit parking area adopted by resolution.
The notifications will include information on when permit parking would begin and the process for obtaining the various types of parking permits.
Implementation would not begin less than 90 days after adoption of said resolution.
J:\ENGINEERING\DraR\WP\Ageada\OnJlnance\Guldellan for Dnlgaadon otRaldentlal Permit Parkins.doc Mareb ll, 1003 . . . . . . .
P11elof6
RESOLUTION NO. 5544
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
CLARA DESIGNATING CERTAIN STREETS UPON WHICH PREFERENTIAL
ON-STREET PARKING PRIVILEGES SHALL BE GIVEN TO CERTAIN
RESIDENTS AND PROVIDING A PROCEDURE FOR ISSUANCE OF
PREFERENTIAL ON-STREET PARKING PERMITS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA, as follows:
SECTION 1: Authority. Resolution 4698 superseded.
This resolution is adopted pursuant to the City of Santa Clara's Charter powers and Section 22507 of the California Vehicle Code authorizing local regulation of time limit parking on city streets and the issuance of permits exempting certain residents from various on-street parking regulations. Resolution No. 4698, adopted August 30, 1983, is hereby superseded, except as provided herein. Resolution No. 4698 also pertains to preferential onstreet parking permits. Permits issued under the authority of Resolution No. 4698 are hereby revoked as of September 30, 1990.
New parking permits will be issued to those persons with currently valid permits (those issued under Resolution No. 4698) at no cost subject to the maximum number of parking permits per dwelling unit and as provided herein. Where applicable, refunds will be given for dwelling units with an excess number of parking permits under Resolution No. 4698. The valid period for permits issued under the authority of this resolution shall be from October 1, 1990 to June 30, 1991. Thereafter, the one year period will run as provided herein, July 1 to June 30 of the following year.
SECTION 2: Designation of Preferential Parking Streets.
All streets in the City of Santa Clara (City) in each
residential zoning district on which there is an on-street time 1 limitation on parking in effect as of the date of this resolution or thereafter established, and where signs or markings giving notice of the preferential parking by permit are in place, and exclusive of areas on such streets with curbs marked with red, yellow, white, or blue paint, or having No Stopping and Tow-Away signs in place, are designated streets upon which preferential parking privileges shall be given to residents adjacent to such streets.
SECTION 3: Character and Effect - Preferential Parking
Permit.
A preferential parking permit issued hereunder, and while it is in full force and effect, is in conformance with the terms of this resolution, and it is to be affixed to a motor vehicle as prescribed herein, as to that vehicle exempts the permit holder from the prohibition or restriction of any ordinance or resolution prohibiting or restricting the parking or standing of each such vehicle on designated streets adjacent to residence of the permit holder. A preferential parking permit does not provide an exemption from regulations involving the use of streets for storage of vehicles contrary to City ordinance nor the parking of commercial vehicles in residential districts. Each preferential parking permit is to be restricted to the motor vehicle for which the permit is issued. Such permit terminates upon sale of the motor vehicle or upon change of residence of the permit holder, and each such permit shall not be transferable, severable or divisible.
Any transfer or attempted transfer shall be ineffective, and a nullity. Such permits are revocable. Permits will be issued for a one year period (July 1 to June 30 of the following year). 2 SECTION 4: Procedure for Issuance - Preferential Parking Pennit.
Upon written application, in a form approved by the Chief of Police, the Chief of Police is hereby authorized to issue preferential parking permits to residents who reside adjacent to herein designated streets.
Permits are to be issued by the Chief of Police only when proof of applicant's residence adjacent to a designated street is established to the satisfaction of the Chief of Police.
No more than two permits per dwelling unit will be issued to residents of the dwelling unit and each permit can only be issued to either a holder of a California driver I s license or to a California registered motor vehicle. The driver's license or the motor vehicle registration must bear the address of the dwelling unit whose resident(s) is seeking the preferential parking permit.
Each permit is to be of a size and composition as approved by the Chief of Police, and shall contain the words "Residential Parking Pennit Santa Clara, California" and the date of expiration. The color of the permit shall be changed every calendar year.
To be effective, penni ttee shall affix and maintain the parking permits in unobstructed view on the left hand (driver's side) portion of the rear bumper of each motor vehicle for which a pennit is issued, or in a location approved by the Chief of Police or his designee.
SECTION 5: Charge or Fee for Issuance of a Pennit.
There shall be a $2.00 processing fee charged for the issuance of a permit, either for an original application or the renewal of 3 an expired permit. Replacemeht permits due to theft, destruction, or the sale of a vehicle shall be subject to a $1.00 processing fee.
SECTION 6: Giving Notice.
The Director of Public Works is authorized and directed to alter existing parking signs or install new ones, to effectuate the intent of this resolution.
SECTION 7: Policy Changes.
The City reserves the right to revise, amend, or change any of the provisions of this resolution and the policies set forth as deemed necessary and equitable by the City Council.
SECTION 8: Non-retroactive.
This resolution shall be non-retroactive in its application. * * * *
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A
RESOLUTION PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 21st day of August , 1990, by the following votes:
AYES: COUNCILORS: Ash, Delozier, Deto, Lasher, Nadler, Von Raesfeld and Mayor Souza
NOES: COUNCILORS: None
ABSENT: COUNCILORS: None
ABSTAINED: COUNCILORS: None
4 ATTEST: O-e ~iGff<a,,,- ~- BOCC ONE
City Clerk
city of Santa Clara
Examples of Police Department outreach related to the
Return of Residential Permit Parking Program
(effective January 2, 2023)
1. Twitter notification related to Return of the Residential Permit Parking Program (10/04/22)
2. Article in Inside Santa Clara (Fall 2022)
3. City Email related to Return of Residential Permit
Parking Program (12/13/22)
4. Twitter notification related to Return of the Residential Permit Parking Program (12/29/22)
Santa Clara Police O @SantaClaraPD • Oct 4, 2022
Return of Residential Parking Permit Program
FAQ's at SantaClaraCA.gov/PermitParking
To obtain a permit:
1 - Create an account santaclara.permitinfo.net
2 - Provide vehicle info
3 - Verify residency in an RPP area
4 - Make payment
For portal inquiries, call Dat a Ticket at 800-989-2058 PAGE 15 | INSIDE SANTA CLARA | FALL 2022
Share Your Life. Change a Life. Adopt for Life.
As the Silicon Valley Animal Control Authority
(SVACA) speeds toward the end of 2022, Team
SVACA’s accomplishments have been many
including operating a “No Kill” Animal Care
Center right here in Santa Clara!
• Know of an animal that needs help? Animal
Control Officers rescue animals 24-7 and
SVACA’s Animal Care Center Team ensures
every animal’s needs are met and then
some!
• In need of low-cost services? The SVACA
CARES Clinic offers affordable rabies
vaccinations and microchips to the animals
of disadvantaged residents while SVACA’s
Spay/Neuter Clinic alters targeted animals to
reduce the overpopulation problem!
• Got extra time? Consider volunteering or
fostering!
• Who’s ready to learn? Educational programs
like Kiddies 2 Kitties gives students the
opportunity to read to adoptable cats and
kittens.
• Looking for a new furry family
member? Look no further!
Check out SVACA’s adorable
adoptables at SVACA.com/
Adoptions.
• Want to help SVACA’s efforts?
Consider donating to SVACA’s
Animal Assistance Fund
which helps to ensure SVACA
saves lives, offers services to
the community and provides
educational programs!
SVACA’s Animal Care Center
is located at 3370 Thomas
Road in Santa Clara. For more
information on SVACA’s
programs, visit SVACA.com or
call 408-764-0344.
SVACA is Here for You and the Animals!
Nov. 11
Veterans Day Holiday
Regular collection schedule for garbage,
yard trimmings and recycling
Nov. 24 and 25
Thanksgiving Day Holiday
On Thursday, no garbage, yard trimming
or recycling collection. Collection will
occur one day later, through Saturday
for those normally serviced Thursday
or Friday.
The Residential Parking Permit (RPP)
program is an option for neighborhoods
that are impacted by long-term onstreet overflow parking from sources (called parking generators) outside the
neighborhood. These parking generators
include hospitals, transit stations, business
complexes, commercial areas, malls,
colleges and high schools. The program
is intended to deter long-term on-street
parking and discourage overflow parking on
to residential streets.
Implementation of a RPP area is a way
to give residents of a designated area a
better chance to park near their homes. It
is not intended to designate or guarantee
a specific parking space along a property
frontage. An RPP area involves the posting
of parking time limits or parking restrictions
from which local residents are exempt
if a valid permit is authorized through
the vendor, or a visitor’s pass is properly
displayed on the dashboard of their vehicle.
The program has been dormant as a result
of the pandemic, stay at home orders and
associated staffing issues.
This Fall, the Santa Clara Police Department
will be utilizing a variety of tools (e.g. City
publications, Police Department’s website,
Facebook, Instagram, Nextdoor, Nixle
and Twitter platforms, A-frame signs with
Return of the Residential Permit Parking Program
messaging on the affected streets) to inform
the public about the return of the program.
During this time, law enforcement will be
issuing warnings to RPP violators. Effective
Jan. 2, 2023 citations will be issued for RPP
program violators.
To determine if your street is in an RPP
area, and to view the FAQ’s about the
program, log onto SantaClaraCA.gov/
PermitParking
How to Obtain a Parking Permit:
Applicants must live in a parking permit area
to be eligible for a residential parking permit
and visitor permit. To purchase your permit
online, follow these instructions.
Step 1 - Create a resident account at
SantaClara.PermitInfo.net
Step 2 - Provide vehicle information for
resident permit(s)
Step 3 - Provide proof of residency in an
RPP area
Step 4 – Make payment via credit card
For portal inquiries, contact Data Ticket
at 1-800-.
The online process will be the quickest way
to obtain an RPP, however if you are not
comfortable using the online system or
do not have reliable access to a computer,
contact the Santa Clara Police Department
at 408-615-4700.
Upcoming City Holidays
Dec. 26, 2022 Christmas Day Holiday
Observed
Regular collection schedule for garbage,
yard trimmings and recycling
Dec. 27, 2022 - Jan. 30, 2022
Winter Holiday Closure
Regular collection schedule for garbage,
yard trimmings and recycling
Jan. 2, 2023
New Year’s Day Holiday Observed
Regular collection schedule for garbage,
yard trimmings and recycling
More News and Happenings
1 From: City of Santa Clara <[email protected]> Sent: Tuesday, December 13, 2022 1:01 PM
To:
Subject: Return of Residential Permit Parking Program Effective January 2, 2023 Return of Residential Permit Parking Program Effective January 2, 2023 Post Date: 12/13/2022 1:00 PM
The Residential Parking Permit (RPP) program is an option for neighborhoods that are impacted by long-term on-street overflow parking from sources (called parking generators) outside the neighborhood. These parking generators include hospitals, transit stations, business complexes, commercial areas, malls, colleges and high schools. The program is intended to deter long-term on-street parking and discourage overflow parking on to residential streets.
Implementation of a RPP area is a way to give residents of a designated area a better chance to park near their homes. It is not intended to designate or guarantee a specific parking space along a property frontage. An RPP area involves the posting of parking time limits or parking restrictions from which local residents are exempt if a valid permit is authorized through the vendor, or a visitor’s pass is properly displayed on the dashboard of their vehicle.
The program has been dormant as a result of the pandemic, stay at home orders and the City of Santa Clara's associated staffing issues.
This Fall, the Santa Clara Police Department is utilizing a variety of tools (e.g. City publications, Police Department's website, Facebook, Instagram, Nextdoor, Nixle and Twitter platforms, A-frame signs with messaging on the affected streets) to inform the public about the return of the program. During this time, law enforcement will be issuing warnings to RPP violators.
Effective January 2, 2023 citations will be issued for RPP program violators.
To determine if your street is in an RPP area, and to view the FAQ’s about the program, log onto www.SantaClaraCA.gov/PermitParking
ihe Center of What's Possible
Stay Co,nnecte
2 How to Obtain a Residential Parking Permit
Applicants must live in a parking permit area to be eligible for a residential parking permit and visitor permit.
To purchase your permit online, follow the instructions below:
Step 1 - Create a resident account at https://santaclara.permitinfo.net Step 2 - Provide vehicle information for resident permit(s) Step 3 - Provide proof of residency in an RPP area
Step 4 – Make payment via credit card
For portal inquiries, contact Data Ticket at 1-800-479-1834.
The online process will be the quickest way to obtain an RPP, however if you are not comfortable using the online system or do not have reliable access to a computer, contact the Santa Clara Police Department at 408-615-4700.
Click here for more information
Stay Connected with City of Santa Clara:
SUBSCRIBER SERVICES:
Manage Subscriptions | Unsubscribe All | Help
gOVDELIVERYJli
Santa Clara Police D @SantaClaraPD ·· Dec 29. 2022
Effective January 2_ 2023 citafions w1H be Issued for Residentia'I Parking :Perm1it (RPP) program violators.
To det ermine if your street rs in an RPP area, and to view the FAQs about the progra 1., log onto SantaClaraCA.gov/Pe mi Parkrng
0 tl. 7 C, 6 I 1 2 253
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-390 Agenda Date: 4/18/2023
REPORT TO COUNCIL
SUBJECT
Update on City Council and Stadium Authority Staff Referrals
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND AND DISCUSSION
During Council and Stadium Authority meetings, the City Council or Stadium Authority Board provide direction on policy issues or refer information requests to staff for follow-up.
The purpose of the City Council and Stadium Authority Referrals Update is to provide the City Council/Stadium Authority Board and the public a current status report. Completion of the referrals may be communicated by various means such as: Report to Council, Information Memorandum provided through a Council Agenda or monthly City Hall News publication or during a future Council meeting.
The Referrals list will be published in the Council agenda packet under the “City Manager/Executive Director Report” section of the Council Agenda. Reports will include both open and closed referrals.
ATTACHMENTS
1. City Council and Stadium Authority Staff Referrals
City of Santa Clara Page 1 of 1 Printed on 4/13/2023
powered by Legistar™
CITY COUNCIL AND STADIUM AUTHORITY STAFF REFERRALS
FOR FOLLOW-UP/ACTION
Updated 4/11/23
Date
Initiated
Source Referral Description Assigned
Department
Projected Completion
1. 2/7/23 Council Meeting Public Presentation: Kirk Vartan requested the City provides a copy of the FIFA Agreement
Executive Director’s
Office/Stadium
Authority Counsel’s
Office
Staff is coordinating multiple
requests for FIFA documents.
The 2018 Bid Document has
been publicly released via
NextRequest. Staff continues
to review and analyze material
for CPRA and Board
responses.
2. 1/31/23 Council Meeting Public Presentation: Howard Gibbons discussed concerns regarding illegal hotdog vendors near the Stadium. SCPD to return to Council to do a report regarding vendors near Levi’s Stadium
City Manager’s
Office / SCPD
Action on policy options to
amend regulations related to
street vending activities in the
City will be heard at the April
18, 2023 Council meeting.
3. 11/1/22 Council Meeting Written petition submitted by Kirk Vartan to place an agenda item on a future Council meeting for to discuss the New Parking Permit Ordinance and rules. Current signage very restrictive at 1-2 hours for parking. As a small business, employees need to park. Residents don't need parking during the day as they have a 2-car garage and two driveway spots, allowing for four cars to be parked per house. Informational report provided on Jan. 10, 2023 and note and filed.
Public Works Item will be heard for
discussion and follow up at
the April 18, 2023 Council
meeting.
4. 11/1/22 Council Meeting Written petition submitted by Lori Garmany requesting an agenda item on a future Council meeting for Council to consider the censure of the Mayor for the leaking of closed session information. On 11/1/22 Council meeting, passed 5-2 to return to future agenda date.
City Manager’s
Office
TBD
5. 6/7/22 Council Meeting Action on a Written Petition (Council Policy 030), Submitted by Brian Doyle, to Place an Agenda Item at a Future Council Meeting to Discuss an Explanation by Councilmember Kevin Park of the Apparent Inconsistent Statements in Official Filings Regarding His Employment and Sources of Income City Clerk’s Office Item to return to future date
upon completion of claims
and litigation
6. 10/4/22 Council Meeting Written petition submitted requesting to place item on a future meeting for a public review of the Settlement Agreement and mutual release dated August 31, 2022 between the City of Santa Clara, the Santa Clara Stadium Authority, and the 49er Football Team Entities: Post settlement agreement on website as soon as possible and schedule study session in the future following the completion of any pending litigation on buffet costs and public safety costs.
City Manager’s
Office
Study session TBD based on
completion of pending
litigation on buffet costs and
public safety costs
7. 8/16/22 Council Meeting Discuss potential uses, unfunded repairs, and finances of operating and maintaining the City Manager’s TBD
CITY COUNCIL AND STADIUM AUTHORITY STAFF REFERRALS
FOR FOLLOW-UP/ACTION
Updated 4/11/23
Date
Initiated
Source Referral Description Assigned
Department
Projected Completion
Morse Mansion. Item discussed at Nov. 1, 2022 Council meeting. Staff to return with options to extend lease and maintain property for City uses. The City is hosting a community meeting on Jan. 25, 2023 regarding the future of use of the historic Morse Mansion, located at 981 Fremont St. At the meeting, staff will discuss possible options and receive community feedback to share with the Council for future consideration.
Office
8. 8/16/22 Council Meeting Written petition from Kirk Vartan to review and evaluate the purchase of the CA Great America Theme Park. Specifically, clarify what development could take place on the site given the current and general plan designations. Staff to return at future date with the option for a session with developer.
City Manager’s
Office
TBD
9. 7/5/22 Council Meeting SB9 Developments: Direct staff to bring back recommendations regarding affordability.
When the City considers an update to citywide affordable housing ordinance, this information will be provided.
Community
Development
TBD
10. 6/7/22 Council Meeting Action on a Written Petition submitted by Brian Doyle, for an Agenda Item at a Future Council Meeting to Discuss an Explanation by Councilmember Kevin Park of the Apparent Inconsistent Statements in Official Filings Regarding His Employment and Sources of Income
City Clerk’s Office Item to return to future date
upon completion of litigation.
11. 6/7/22 Council Meeting Rooftop Solar: Direct staff to conduct a cost-benefit analysis on installing rooftop solar and ways to make it feasible for Santa Clara homeowners Silicon Valley Power TBD
12. 4/5/22 Council Meeting Written Petition submitted by Councilmember Jain requesting a future agenda item to discuss how to change noticing policy to reach more people. A community meeting was held on Dec. 8, 2022 to gather public input. Next steps are a public review of draft revised public outreach policy, which will be available in May 2023. Planning Commission and City Council consideration of revised policy estimated Summer/Fall 2023 Community
Development / City
Attorney
City Council consideration of
revised policy estimated
Summer / Fall 2023
13. 3/22/22 Council Meeting Patrick Henry Specific Plan: Return to Council with a Proposal for a Plan Amendment for a .3% Public Art Fee Grant the Authority on the Approval of the TMA to the City Council versus the City Manager, indicated in the draft Plan. Memo to be provided on potential approaches which will recommend that a City Master Art Plan be prepared to inform a citywide art fee as opposed to a fee art for one area of the City.
Community
Development
Note and File Staff Report for
Council consideration Summer
2023
14. 1/11/22 Council Meeting Update on review and monitoring of Transportation Demand Management (TDM) measures. Staff issued RFP to support online reporting and tracking of TDM Measures and present a template to complete the forms. Staff issued the RFP on May 27 and has extended the deadline to July 18 to allow for more proposal submissions. Staff reviewed submissions. Notice of Award was provided in 2023. Will bring consultant agreement for approval by Council in April 2023.
Community
Development
Consultant Agreement to be
heard at the April 18, 2023
City Council meeting
CITY COUNCIL AND STADIUM AUTHORITY STAFF REFERRALS
FOR FOLLOW-UP/ACTION
Updated 4/11/23
Date
Initiated
Source Referral Description Assigned
Department
Projected Completion
15. 1/11/22 Council Meeting Action on a Council Written request submitted requesting to place an agenda item at a future Council Meeting to discuss making the Youth Soccer Park parking lot available when there are no events at the Youth Soccer Park
1. Investigate ADA Improvements for parking 2. Investigate whether the City can engage a private operator to manage for parking
3. Investigate whether the 49ers can use their practice facility for parking
4. Determine the fair market value of VIP parking
Parks &
Recreation/City
Attorney/City
Manager
TBD
16. 1/12/21 Council Meeting Provide a study session on pros/cons lifecycle cost/benefits of artificial surfacing including turf. Staff will return to Council with an informational memo.
Parks & Recreation TBD
17. 4/30/19 Council Meeting Report on number of public transit riders for large stadium events – and relationship of costs of parking increases transit ridership. Ask Stadium Manager for analysis to support their position that reducing the cost of parking would likely adversely impact public transit ridership, resulting in more cars on the roads. 49ers Stadium
Manager
TBD
18. 10/2/18 Council Meeting Amend sign ordinance to prohibit signs on public property Parks & Rec/ City Attorney
TBD
19. 3/13/18 Council Meeting Develop a Stadium Authority Financial Reporting Policy in conjunction with the Stadium Authority Auditor and the external auditor
Finance TBD
COMPLETED
CITY COUNCIL AND STADIUM AUTHORITY STAFF REFERRALS
Updated 4/11/23
Date
Initiated
Source Referral Description Assigned
Department
Completed Resolution
1. 3/21/23 Council Meeting PRA for all real estate records regarding 2319 Gianera Street requested by caller for the City Council meeting.
City Manager’s
Office
4/11/23 The request for public
records are available on
NextRequest.
2. 10/4/22 Council Meeting Information item on the Traffic Calming Policy: discussion of thresholds for the 85th percentile and 1000 vehicle requirements.
Public Works 3/21/23 The report was noted
and filed at the City
Council meeting on
March 21, 2023.
3. 1/31/23 Council Meeting Public Presentation: Judy Hubbard stated there are unsafe drop off locations outside of Levi’s Stadium and the need for designated drop-offs for ADA and elderly. The resident received a ticket for stopping and drop off.
City Manager’s
Office / Stadium
Authority staff
3/16/23 Staff followed up with
resident.
4. 10/4/22 Council Meeting Written petition requesting to place agenda Item to set a Study/Briefing Session for the public in which the Terms of the Settlement Agreement are discussed as well as Presentation of Sources of Revenues, to include an explanation of the Waterfall through which Money Flows as well as the Rate at which the various loans are being paid off
Finance 3/16/23 Complete. Information
related to the waterfall
of funds was included
as part of the Stadium
Authority FY 2023/24
Budget
5. 9/13/22 Council Meeting Approve alternative 2 of El Camino Specific Plan: Direct staff to prepare a significantly modified Specific Plan that retains enough density and elements (e.g., a range of densities that support mixed-use) of the prior Specific Plan so as to be consistent with the prior draft EIR; with added direction to include the activity zones with building heights of up to 6 stories as proposed in the 2021 draft Specific Plan, to continue consideration of the 2021 draft Specific Plan and to prepare an economic feasibility analysis of both plans.
Community
Development
3/7/23 Consultant Agreement
to begin the City
Council directed work
was approved on
March 7, 2023 City
Council meeting.
6. 2/7/23 Council Meeting Public Presentation: Susan Hinton requested priority for City services such as expanding library hours to open full time, requested email and phone directory to be found easily on the City website. City tree that fell in yard and made a request three times and the City Arborist came out but there was no action.
City Manager’s
Office/Public
Works
2/15/23 Staff has followed up
with Susan Hinton.
7. 9/13/22 Council Meeting Reconsider the Council action taken at the Aug. 30, 2022 council meeting which approved up to a 25% apportionment for reimbursement that carried on a 4-1 vote.
The action was to consider possible financial assistance options related to the Public Works /
City Attorney’s
Office
2/14/23 This item was resolved
by City Attorney’s
Office
COMPLETED
CITY COUNCIL AND STADIUM AUTHORITY STAFF REFERRALS
Updated 4/11/23
Date
Initiated
Source Referral Description Assigned
Department
Completed Resolution
replacement of a private concrete sound wall adjacent to Pruneridge Avenue in the Laurel Park East Neighborhood and potential delegated authority for a budget amendment. This item was heard at the Nov. 15, 2022 Council agenda.
8. 4/5/22 Council Meeting Written Petition submitted by Joseph Goschy to discuss appealing a building Violation (CRN 2020-00310) at 220 Tyler Avenue. At the Feb. 7, 2023 Council meeting, Community Development Director Andrew Crabtree coordinated with petitioner on next steps to take accurate reading of HVAC system. Code Enforcement conducted an inspection between 5:15-6:15 a.m. on Feb. 10, 2023 in coordination with Mr. Goschy.
City Attorney’s
Office
2/7/23 Staff provided Council
an informational report on inspection findings
by email. Based upon this inspection the unit was determined to be in compliance with City's standards.
9. 2/7/23 Council Meeting Public Presentation: Rohit Pur stated he wanted to build an ADU and Santa Clara County allows tiny homes on wheels. Rohit requested the City of Santa Clara to consider this option for ADUs.
Community
Development
2/7/23 Staff has set up a
follow-up meeting with
Mr. Pur regarding
mobile ADUs.
10. 8/16/22 Council Meeting Discuss allocating up to $150K to create a Neighborhood Stadium Relations Committee using funds from the SCSA budget. At the Feb. 7, 2023 Council agenda, the Council approved and provided direction to have the Committee modeled after NURC and meetings to be held near the Stadium.
City Manager’s
Office
2/7/23 Based on Council
direction, staff will
return with additional
information and
potential Council action
related to forming the
Committee on March
21, 2023
11. 1/31/23 Council Meeting Residents Zhengang Chen and Bin Jia and Ellen Ying Ng requested waiving weed abatement citations, since then has made the necessary landscaping. Santa Clara Fire Department contacted residents to inform them the public hearing on Feb. 21 is with the County of Santa Clara, not the City. The City does not have the authority to remove them.
Fire Department 2/1/23 Complete
COMPLETED
CITY COUNCIL AND STADIUM AUTHORITY STAFF REFERRALS
Updated 4/11/23
Date
Initiated
Source Referral Description Assigned
Department
Completed Resolution
12. 1/10/23 Council Meeting Written petition submitted by Paul Rosa to cover costs of City services in support of the Wilcox High School Baseball 2023 Fundraising Tournaments at Washington Ballfield. At the Jan. 31, 2023 meeting, Council directed staff to work with applicant to work with community grant funding, identify volunteer work to offset costs and return with a final cost.
Parks &
Recreation
1/31/23 Staff working with
applicant for grant
funding and will return
with a report after the
tournament.
13. 5/24/22 Council Meeting (11/1/22) Action petition submitted by Shprese Head Requesting to Place an Agenda Item on a Future Council Meeting for Council to Discuss what the City of Santa Clara is doing to help get BMX riders back to Racing under USA BMX Sanction. Lease Agreement between City and Santa Clara PAL for the operation of BMX track: On May 24, 2022, staff returned with a status report on coordination of efforts between BMX and Police Activities League (PAL). Council note and filed report. Council questions included: obtain requested responses to questions presented to PAL, timeline, a full audit (5-years) of PAL, etc.
City Manager’s
Office
1/10/23 The report was noted
and filed on Jan. 10,
2023
14. 9/27/22 Council Meeting Expand outreach beyond noticing requirements for study session for the Tasman East Specific Plan Amendment to include noticing of neighboring property owners within a quarter mile of the Plan area.
Community
Development
12/6/22 Completed at Dec. 6,
2022 Council meeting.
15. 7/12/22 Council Meeting Request for costs paid to previous law firms for City of Santa Clara PRA assistance.
Staff are working on summarizing costs.
City Attorney 12/15/22 Completed
16. 6/15/21 Council Meeting Request to provide date-based search capability on City website. The new search is currently being tested by the City’s Website Core Team, and the City is working with the vendors to implement by year end.
ITD / City
Manager
12/1/22 IT Department
continues to monitor
and improve on search
capability
17. 9/27/22 Council Meeting Written petition submitted by Morteza Shafiei to purchase the lot at 1601 Civic Center Drive, Santa Clara, in order to establish a park for the benefit of our Citizens and neighborhood. The community of over 170 homes and 4 HOAs submitted a letter to the City Council detailing concerns for the planned development at 1601 Civic Center Drive (Charities Housing) and requested that this Citizen Proposal be considered on equal footing with any other proposals.
City Manager’s
Office
11/15/22 Park acquisition item
heard at Nov. 1, 2022.
Item regarding 1601
Civic Center Drive
heard at Nov. 15, 2022
Council meeting and
not approved
COMPLETED
CITY COUNCIL AND STADIUM AUTHORITY STAFF REFERRALS
Updated 4/11/23
Date
Initiated
Source Referral Description Assigned
Department
Completed Resolution
18. 9/13/22 Council Meeting Information memo on scooters including a recap of the background of what has occurred to present.
Public Works 11/15/22 Presented in November
2022 to Council
19. 5/24/22 Council Meeting Prepare a financial analysis for moving Santa Clara City Hall to a new location within the eight blocks of the original downtown. Staff has contract to prepare the analysis for Council approval on Oct. 18, 2022.
Community
Development
10/18/22 Item approved on
October 18, 2022
20. 12/14/21 Council Meeting Conduct an RFP for noise monitoring services at the stadium, including possible measures to attenuate noise levels.
Community
Development
10/28/22 Staff issued RFP which
closed on Oct. 28, 2022
21. 8/17/21 Council Meeting
(Priority Setting
Check-in)
Staff to return at a future Council meeting with draft ordinance to adopt recommended procurement reforms.
Finance 8/30/22 Completed
22. 8/16/22 Council Meeting Refer to staff to explore the option to expand cemetery hours at Mission City Memorial Park to possibly include Sunday hours.
Parks &
Recreation
8/30/22 Staff corresponded
with requestor on
current hours available
23. 7/12/22 Council Meeting Return as an action item under Alternative #1 – Determine the staff investigation sufficiently provided evidence of irregularities regarding Mr. Patrick’s residency and take action in accordance with Policy 032 (up to and including removal.) CMO/CAO/CDO 8/16/22 Action taken at 8/16/22
Council meeting
24. 7/5/22 Council Meeting Direct staff to work with subcommittee/task force comprised of Councilmembers Park, Chahal, and Hardy and any other stakeholders (i.e., Apt. Assoc./Dan Kostenbauder) to have discussion with the Silicon Valley Chamber of Commerce regarding the Business License Tax.
CMO 8/1/22 Meeting was held with
stakeholders and
subcommittee.
25. 1/11/22 Council Meeting Response was presented on May 10, 2022 on the action on Written Petition (Council Policy 030) submitted by Keith Stattenfield requesting to place an agenda item at a future Council meeting to discuss requirements from the CAO on approving an update to the CC&Rs of the Case del Rey HOA Bylaws.
City Attorney 7/12/22 The HOA agreed to
submit the CAO’s
revisions to the CC&Rs
to their members at
their next election, and
the Council voted to
approve the CC&Rs.
COMPLETED
CITY COUNCIL AND STADIUM AUTHORITY STAFF REFERRALS
Updated 4/11/23
Date
Initiated
Source Referral Description Assigned
Department
Completed Resolution
26. 5/10/22 Stadium Authority
Meeting
Signage Lighting at Levi’s Stadium – Direct staff to conduct an internal review of signage approach (repair or replacement) and return to the Board for authorization to procure a 3rd party evaluation if needed.
City Manager 7/5/22 Completed
27. 6/21/22 Council Meeting Direct staff to return to Council with a scope to redo the El Camino Real Specific Plan including objective design standards.
Community
Development
Completed Completed
28. 5/10/22 Stadium Authority
Meeting
(CP 030) by Vice Mayor Jain to discuss whether SBL contracts be sold on extra field seats. Agendize discussion whether SBL Contract should be sold on extra field seats.
City Manager 6/21/22 Council approved SBL
contract sold on extra
field seats.
29. 4/19/22 Council Meeting Adoption of a Resolution of Intention for Parking Maintenance District No. 122 - Franklin Square. Staff to return to Council within 60 days detailing how to recover costs or other methods of enhancing revenue for the City.
DPW 6/21/22 Completed
30. 1/12/21 Council Meeting Defer approval of the 1205 Coleman Gateway neighborhood park design to work with the developer within current project approvals to receive additional community input including the Old Quad on park design. The robust public input included additional outreach to the Old Quad neighborhood is complete and the Parks & Recreation Commission made a recommendation to Council on 5/17/22 for approval. The item will go to Council for consideration on June 21, 2022.
Parks &
Recreation
6/21/22 Council approved
schematic design with a
few additions.
31. 10/19/21 Council Meeting Discussion of Construction of Lawn Bowl Facility for consideration: The City currently has allocated $175,000 for the repair and maintenance of the Lawn Bowl facility (clubhouse). There has been no subsequent action to re-allocate or redirect that amount to the design and construction of the new Lawn Bowls facility. Given the current balance in the 3001 General Capital Park Maintenance account, Council would need to reprioritize and reallocate up to $175,000 for the required design and engineering of a new facility. There is no funding allocated for construction.
Parks & Rec/City
Manager
6/21/22 Council action to not
prioritize as funding.
32. 1/25/22 Council Meeting Discuss and explore options for a transportation shuttle. City staff referred the Senior Transportation letter to Council. City received a grant from the State for a shuttle and this item is being implemented
City Manager 6/8/22 Completed
COMPLETED
CITY COUNCIL AND STADIUM AUTHORITY STAFF REFERRALS
Updated 4/11/23
Date
Initiated
Source Referral Description Assigned
Department
Completed Resolution
33. 6/7/22 Council Meeting Loyalton Ranch property: Direct City Manager to return to Council with a 1) Scope of Work and 2) costs of the following: a) consultant’s Risk Analysis/Assessment, b) clean up, and c) fencing.
Silicon Valley
Power
6/7/22 Completed
34. 4/5/22 Council Meeting Written Petition (CP 030) submitted by Jared Peters regarding Responsibility of Sound Wall Adjacent to Pruneridge Avenue adjacent to Laurel Park East Neighborhood. Working with resident on development of potential cost-sharing/financial assistance solution.
DPW/CAO Completed Item is still being
considered for possible
financial assistance
options.
35. 12/14/21 Council Meeting Defer Loyalton to future meeting to develop strategy for the sale of the property and staff to coordinate a visit to the property for interested Councilmembers. Staff visits with Councilmembers was completed on 3/8/22
City Manager /
Silicon Valley
Power
6/7/22 Completed
36. 1/5/22 Joint City/VTA Study
Session re: BART to
Santa Clara
Set a meeting with VTA near the proposed Santa Clara BART Station location to provide details to the public regarding station design. VTA conducted a May 10, 2022 City Council Study Session on the Santa Clara Station’s Architecture and Site Layout.
Funding a Brokaw undergrounding study for February 8, 2022 Priority Setting Session (not complete, referred to Priority Setting Session 2022) DPW 5/10/22 Study Session with VTA
Complete
37. 12/14/21 Council Meeting Action on Amendment No. 1 to the Agreement for the Performance of Services with Wilson, Ihrig & Associates for Noise Monitoring Services at Vantage CA2 Data Center and Owens Corning Facility and Related Budget Amendment: item continued to get more information on broadcasting, moving from the Northside to the stadium, and an implementation timeline
Community
Development
5/10/22 Completed
38. 12/7/21 Council Meeting Written Petition (030) to be added to Future Agenda: 10A: Action on a Written Petition (Council Policy 030) Submitted by Jared Peters Requesting to Place an Agenda Item at a Future Council Meeting to Consider making a Policy Decision Regarding the City Assuming Responsibility of an Unstable and Dangerous Sound Wall in the Laurel Park East Neighborhood
DPW 4/5/22 Reported at Council
Meeting; Follow-Up
assigned to staff
COMPLETED
CITY COUNCIL AND STADIUM AUTHORITY STAFF REFERRALS
Updated 4/11/23
Date
Initiated
Source Referral Description Assigned
Department
Completed Resolution
39. 11/9/21 Council Meeting Project Homekey: Look for alternate site in Santa Clara better suited for this use CDD 3/10/22 Update to Council emailed to Council on
3/10/22
40. 12/14/21 Council Meeting Defer Loyalton to future meeting to develop strategy for the sale of the property; staff to coordinate a visit to the property for interested Councilmembers.
CMO/SVP 3/8/22 Approved by Council at
3/8/22 Council Meeting
41. 11/16/21 Council Meeting Consider Resolution to support the bid to FIFA for the 2026 World Cup and related events.
CMO/CAO 2/22/22 Approved by Council at
2/22/22 Council
Meeting
42. 10/26/21 Council Meeting Item 4: Presentation on Business Tax Ballot Measure and Other Potential Revenue Measures for November 2022 Ballot: Explore a business tax that strikes a balance with the value of a business-friendly city (key priority) and progressive tax with input and advice of a consultant.
CMO/Finance 2/8/22 Approved by Council at
2/8/22 Priority Setting
Session
43. 10/19/21 Council Meeting Discussion of Future Ballot Measure Discussion in 2022 for Infrastructure Bond or Tax to 2022 Priority Setting Session
CDD/City
Attorney/Finance
2/5/22 Presented at 2022
Priority Setting Session
Part 1; outreach phase
in progress
44. 9/28/21 Council Meeting Approve staff recommendation for Item 6. Public Hearing: 2020-2021 Consolidated Annual Performance and Evaluation Report (CAPER) with changes to increase grant funding to $30,000 for 7 agencies and fund the remaining 4 from the City’s General Fund.
Community
Development/
Housing
Completed Completed
45. 9/7/21 Council Meeting Shorten term of amendment to the agreement for the performance of services with Wilson, Ihrig & Associates for Noise Monitoring Services at Levi’s Stadium from 18 months to 6 months and directed staff to return with a proposal for owning versus leasing equipment and the cost benefit for monitoring the noise data and quality of reporting.
CDD 3/8/22 Approved by Council at
3/8/22 Council Meeting
46. 8/17/21 Council Meeting Implement pilot meeting management protocol for Council meetings recommended by the Mayor and revisit/assess at 2022 Priority Setting Session.
City Attorney 2/8/22 Presented in a slide at
the Priority Setting
Session.
COMPLETED
CITY COUNCIL AND STADIUM AUTHORITY STAFF REFERRALS
Updated 4/11/23
Date
Initiated
Source Referral Description Assigned
Department
Completed Resolution
47. 8/17/21 Council Meeting Direct staff to bring back on a future agenda a presentation on Councilmember conflict of interest, including what staff currently does and what the Council is responsible for.
City Manager/
City Attorney
2/8/22 Reported to Council the
types of Conflict-ofInterest staff report on
for items based on
geographic boundaries
48. 8/24/21 Council Meeting
(Study Session)
Directed staff to: Engage with HomeBase to design City Plan Framework and start prep for workgroup discussions, Fast-track Task Force/Housing Commission development and implementation, Fast-track HomeKey progress where possible, especially in entitlements processing and explore short-term basic services, including bathrooms, showers, laundry, cell phone charging and others.
CDD/City Clerk/
City Attorney/
Police
1/25/22 Approved at 1/25/22
Council Meeting
49. 5/4/21 Council Meeting Parking Maintenance District No. 122 – Engage with property owners to discuss options for increasing their share of the annual O&M costs and potential for dissolving the district.
Public Works 1/25/22 Reported at Council
Meeting
50. 8/17/21 Council Meeting
(Priority Setting
Check-In)
Directed staff to return to Council at a future date with changes to the eligibility for serving on City Commissions that expands the eligibility requirement from Santa Clara electorate to Santa Clara resident – deferred to December City Attorney 1/11/22 Approved by Council at
1/11/22 Council
Meeting
51. 8/17/21 Council Meeting
(Priority Setting
Check-in)
Direct staff to explore a consultant for a TDM Study (scope, cost, ongoing cost) and talk to other cities and gather anything that may be able to be shared CDD 1/11/22 Reported at Council
Meeting
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-542 Agenda Date: 4/18/2023
REPORT TO COUNCIL
SUBJECT
Tentative Meeting Agenda Calendar (TMAC)
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND AND DISCUSSION
The purpose of the TMAC is to provide the public advanced notifications of tentative dates of Council Study Sessions, Joint Council/Commission meetings, as well as Council Public Hearing and General Business agenda items. It is important to note that the TMAC is a Tentative Calendar planning tool and reports listed are subject to change due to Public Hearing publication requirements and agenda management.
City of Santa Clara Page 1 of 1 Printed on 4/13/2023
powered by Legistar™
4/13/2023 4:05:26 PM
________
Tuesday, April 25, 2023 Special Council Meeting – 5:00 PM 23-272 Action on state Homekey funding application for potential interim housing development on County-owned land at Lawrence Expressway and Benton Street Tuesday, May 9, 2023 Council and Authorities Concurrent Meeting Study Session
23-142 Study Session to review Proposed FY 2023/24 and FY 2024/25 Biennial Operating Budget and FY 2023/24 Capital Improvement Program Budget Changes Special Order of Business
23-450 Red Cross Month
23-483 Presentation by Senior Advisory Commission on the Upcoming “Be Strong, Live Long” 2023 Health & Wellness Fair
Public Hearing/General Business
23-1349 Action on the Waiver of the First Reading and Introduction of an Ordinance Approving an Operation Plan including Rules and Regulations and an Investment Policy Governing Endowment Funds of the Mission City Memorial Park (Cemetery Monday, May 22, 2023 Special Council Meeting 5:30 PM - Tentative Annual Boards and Commission Interviews
Tuesday, May 23, 2023 Joint Council and Authorities Concurrent & Stadium Authority Meeting
Special Order of Business
23-140 Proclamation of National Public Works Week 2023
23-451 Silicon Valley Power Sustainable Future Scholarship Program at Santa Clara University
City of Santa Clara
Tentative Meeting Agenda Calendar
Note: These proposed dates are tentative and subject to change based on staff capacity, meeting management, and deferred items by Council requiring other items to free up agenda meeting time.
23-485 Recognition of the Santa Clara Women’s League donation of $7,000 to support the Senior Center Health & Wellness Case Management Program and the “Be Strong, Live Long” Health & Wellness Fair
23-500 Proclaim May as Asian American Pacific Islander Heritage Month Public Hearing/General Business
23-208 Action on the Introduction of a Resolution to Modify the Files Management Manual for the City of Santa Clara
23-249 Approve the Annual Report and the Continued Use of the Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481 23-173 Adoption of a Resolution Setting Rates for Overall Solid Waste Services and Annual Clean-up Campaign in the Exclusive Franchise Area
23-448 Action on the Proposed Budget for FY 2023/24 for the Santa Clara Tourism Improvement District (SCTID) as Recommended by the SCTID Owner’s Association
23-479 Public Hearing: Action on a Resolution Amending Rate Schedules for Electric Services for All Classes of Customers, Effective July 1, 2023 Tuesday, June 6, 2023 Joint Council and Authorities Concurrent & Stadium Authority Meeting
Study Session
23-143 Study Session to review Proposed FY 2023/24 and FY 2024/25 Biennial Operating Budget and FY 2023/24 Capital Improvement Program Budget Changes Special Order of Business
23-501 Proclaim June 2023 as Pride Month
23-502 Proclamation of June 19, 2023 at Juneteenth
Public Hearing/General Business
23-206 Public Hearing: Adoption of a Resolution Approving the Levy of Benefit Assessment upon the City of Santa Clara Parking Maintenance District No. 122 - Franklin Square
23-209 Public Hearing: Adoption of a Resolution Approving the Levy of Benefit Assessment upon the City of Santa Clara Maintenance District No. 183 - Santa Clara Convention Center Complex
23-447 Public Hearing: Action on Resolutions Approving Water, Sewer and Recycled Water Rates to be Effective July 1, 2023
Tuesday, June 27, 2023 - Council and Authorities Concurrent Meeting Public Hearing/General Business
23-144 Public Hearing: Action on the Adoption of the Proposed FY 2023/24 & FY 2024/25 Biennial Operating Budget and FY 2023/24 Capital Improvement Program Changes 23-298 Action to Form a Neighborhood Stadium Relations Committee 23-519 Action on a Resolution Establishing the Fiscal Year 2023/24 Appropriations Limit Tuesday, July 11, 2023 – Joint Council and Authorities Concurrent and Stadium Authority Meeting
Public Hearing/General Business
23-186 Public Hearing: Action on a Resolution Confirming the 2023 Weed Abatement Program and Assessment