Board to Consider New Parking Rules



The Draft Parking Enforcement Rules below reflect the input received from homeowners during the two online surveys and two Town Hall Meetings. The attorney has provided input on these proposed rules as well.

In accordance with California Civil Code, the Open Session Board Meeting agenda published on June 30th shall serve as 30-day notice to the membership of this proposed rule. Members wishing to comment on this proposed rule may do so in writing by dropping off letters addressed to “Nepenthe Board of Directors” at the Clubhouse or via email to nepenthe.hoa@fsresidential.com:

DRAFT PARKING ENFORCEMENT RULES

(1) Purpose
These rules seek to further clarify Sections 3.3 (a-d) of the CC&Rs. The purpose of these rules is to control parking in Nepenthe which can have a direct and detrimental effect on the character of the neighborhood. As such, the Nepenthe Board of Directors finds that, in order to accommodate the parking needs of residents while protecting the interests of the homeowners, specifically, parking availability for guests and enhanced property values, rules are desirable and necessary for parking in the community.
(2) Authority
Nepenthe’s CC&Rs’ Section 6.6(a)(ii)(E) provides the Board with the authority to adopt rules consistent with the CC&Rs relating to the conduct of owners and their families, tenants, guests and invitees within the Development.
(3) Goals
Goals in adopting these rules include the following:
a. Preserving neighborhood character, public health, safety and welfare and property values.
b. Allowing all residents a reasonable use of and opportunity to enjoy their property.
c. Minimizing the nuisances and the adverse effects of on-street vehicle parking.
d. Provide clarity around parking enforcement for all parties concerned.
(4) Parking Standards
a. Overnight street parking by owners and residents is prohibited.
b. Garages are not to be used in any way that will preclude a resident from parking their authorized vehicle(s) within the garage. Garages shall not be converted to living quarters or workshops. Authorized vehicles are standard passenger vehicles and trucks that do not exceed Class 4 trucks as defined by the Department of Transportation Federal Highway Administration, and exclude the vehicles that are prohibited in (j) below.
c. Residents who wish to request a variance from the street parking rules may apply to the Board of Directors in writing. Consideration will be given to vehicle size and the number of licensed drivers at the residence. Any such variance granted will apply only as long as the situation exists or until the resident moves out of the development, whichever occurs first.
d. Overnight street parking of guests requires a permit from the Association. Permits are available at 1131 Commons Drive during business hours. After business hours, owners may call the courtesy patrol service to inform of guest vehicles.
e. Daytime parking on Commons south of Swarthmore, University and Vanderbilt is monitored by the City of Sacramento. To park for more than two hours, a J-Permit must be obtained through the City. The J- Permit can be provided to guests that will be visiting for longer than two hours and parking in those areas.
f. There are no time limits for daytime parking on American River Drive, Colby Court, Adelphi Court and Swarthmore Drive.
g. No vehicle shall be parked or left in the alleyways or on the common driveways behind the Residences, except for the active and immediate loading and unloading of the vehicle. Service contractors may not leave or park their vehicles in the common driveways or alleyways without the express written consent of the Board or its authorized property manager.
h. All vehicles parked within the Development shall have a license plate and exterior evidence of valid California vehicle registration. No emission of unreasonable levels of exhaust fumes and/or noise shall be permitted.
i. Parking, keeping and/or storage of dilapidated, non-operational and/or disabled vehicles is not permitted within the Development.
j. Except in areas designated by the Association or with the express written consent of the Board or its authorized property manager, The following types of vehicles shall be prohibited:
• Trailers of any kind
• Vehicles larger than a medium duty pickup truck
• Mobile homes
• Campers
• Boats
• Recreational vehicles
• ATVs or similar vehicles
• Commercial vehicles
(5) Enforcement
a. Management will monitor parking with assistance from the contracted security patrol.
b. Vehicles parked in violation of these rules will be ticketed. The ticket will inform the owner of the vehicle of the specific nature of the violation and will provide contact information for management.
c. Upon the issuance of three valid tickets for the same offense, the owner of the unit to whom the vehicle is attached will be called to a hearing with the Board of Directors to discuss their non-compliance.
d. The Board may elect to do as follows: assess a Special Individual Assessment against the unit owner to whom the vehicle is attached for the costs that the Association incurs in compelling the owner to comply; impose a minimum $100.00 fine per ticketed violation; suspend the right to vote; suspend the use the recreational common facilities; tow from common area and private streets; request mediation; and/or proceed with litigation.
e. Violations of the City ordinances will be reported to the parking enforcement division of the City of Sacramento.