HomeMy WebLinkAboutOrdinance No. 2016-O2ORDINANCE NO. 2016-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
AMENDING CHAPTERS 74 AND 88 OF THE AZUSA MUNICIPAL
CODE AS THEY RELATE TO COMMERCIAL VEHICLE PARKING
WHEREAS, the City of Azusa, California (the "City") is a municipal corporation, duly
organized under the Constitution and laws of the State of California; and
WHEREAS, on May 2, 2016, the City Council of the City of Azusa ("City Council")
conducted a noticed public hearing on the proposed amendments to the Development Code at
which all persons wishing to testify in connection with the proposed amendments to the
Municipal Code were heard and the amendments was fully studied, discussed and deliberated;
and
WHEREAS, the City Council has carefully considered all pertinent testimony and the
staff report presented during the public hearing for the proposed amendments to the
Development Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that it can be said with
certainty that there is no possibility that this Ordinance may have a significant adverse effect on
the environment. The proposed code amendment does not result in any direct development of
any parcel of land or direct physical changes to the environment. Thus, the adoption of the code
amendment is exempt from the requirements of the California Environmental Quality Act
(CEQA) pursuant to Section 15061 (b) (3) of the CEQA Guidelines.
SECTION 2. That in accordance with Section 88.51.060 (E) of the Azusa Development
Code, the City Council hereby Approve said Code Amendment (Code Amendment No. 240)
based on the following findings:
A. That the proposed zoning code amendment is consistent with the goals, policies, and
objectives of the General Plan, any applicable specific plan, development agreement, owner
participation agreement or disposition and development agreement.
General Plan Chapter 3: The Built Environment — Mobility Goal 7, call to "Focus truck traffic
onto appropriate arterial corridors within the city, and keep truck traffic out of residential
neighborhoods." The code amendment will reduce the threshold of commercial gross vehicles
from 10,000 to 6,000 to be parked on streets, public highways and/or alleys within residential
districts. Therefore, the proposed code amendment will reduce truck traffic in residential
neighborhoods.
General Plan Chapter 3: The Built Environment — Urban Form Goal 6, call to "Promote the street
as a public, pedestrian oriented place through the appropriate placement of new buildings, parked
cars, and garage doors." The code amendment will reduce the number of parked vehicles on
Ordinance No. 2016-02
May 2, 2016
Page 2 of 3
public streets, public highways and/or alleys. Therefore, the proposed code amendment will
promote the street as a public and pedestrian place since less commercial vehicles will be parked
on streets, public highways and/or alleys.
B. That the proposed zone change will not adversely affect surrounding properties.
A zone change is not proposed as a component of this Code Amendment. Therefore, the
proposed Municipal Code Amendment would not adversely affect surrounding properties
because current land use and zoning designations will remain as they are.
SECTION 3. Based on the entire record before the City Council, all written and oral
evidence presented to the City Council, and the findings made in this Ordinance, the City
Council of the City of Azusa hereby recommends adoption of the code amendment, as set forth
in the attached Exhibit "A" and Exhibit "B" to this Resolution.
SECTION 4. The Secretary shall certify to the adoption of this Ordinance.
ADOPTED AND APPROVED the 16`h day of May, 2016.
/opseVpomero Rocha
Mayor
ATTEST:
(J" - � 5 �� (�;' ��
J fre a nce Cornejo, r.
City Clerk
f
Ordinance No. 2016-02
May 2, 2016
Page 3 of 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 2016-02, was duly introduced
and placed upon first reading at a regular meeting of the Azusa City Council on the 2nd day of
May, 2016, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting
of the Azusa City Council on the 16th day of May, 2016 by the following vote to wit:
AYES: COUNCILMEMBERS: CARRILLO, GONZALES, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
JeRref tawlVce Cornejo, J.
City Clerk
APPROVED AS TO FORM:
A,
Best B st & Krieger, LP
City A orney
Exhibit "A"
Code Amendment Number 240
Proposed Code Amendment to Section 74-466 — Commercial Vehicles.and Trailers
The Azusa Municipal Code is hereby amended, with underlined text denoting additions and stFikeaut
denoting deletions.
Section 74-466. - Commercial vehicles and trailers.
(a) No person shall park or leave standing any commercial vehicle or truck tractor with a maximum gross weight
of more than -10,,000 6 000 pounds or any detached trailer, semitrailer or pipe or pole dolly designed to be
operated in combination with a truck tractor on any commercially zoned property in excess of 60 minutes,
unless:
(1) Actual loading or unloading of the vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly is in
progress on the property; or
(2) The owner or legal operator of the vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly is the
owner or lessee of the property on which the vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly
is parked or left standing.
(b) No person shall park or leave standing any detached trailer, semitrailer or pipe or pole dolly upon any public
highway, street or alley.
(c) No person shall park or leave standing any commercial vehicle exceeding a maximum gross weight
of 49,000 6 000 pounds upon any public street or highway or between 2:00 a.m. and 4:00 a.m. of any day for a
period longer than 30 minutes.
(d) No person shall park, store or leave standing any commercial vehicle exceeding a maximum gross weight
of 18-;000 6 000 pounds upon any public highway, street or alley 9Fupen-any-preperty in a residential zone for
more than one hour between 6:00 a.m. of any day and 2:00 a.m. of the following day or for more than 30
minutes between 2:00 a.m. and 6:00 a.m. of any day, unless:
(1) The vehicle is actually engaged in making pickups or deliveries of goods from or to any property in the
residential zone; or
(2) The vehicle is being used in conjunction with the making of alterations, repairs or construction upon any
public property within the residential zone.
(e) A person may park store or leave standing a commercial vehicles on private residential property, subject to the
following conditions:
(1) Commercial vehicles may not exceed a maximum gross weight of more than 10.000 pounds, unless: -
i. While loading and unloading goods or materials when delivered to the property; or
ii. When the vehicle is parked in connection with providing services to or on the property.
(2)' Commercial vehicles may not exceed eight (8) feet in total outside width or seven (7) feet in height
(including any load thereon) or twenty-one (21) feet in length in total bumper to bumper length.
(Code 1971, § 11.28.280)
Exhibit "B"
Code Amendment Number 240
Proposed Code Amendment to Chapter 88.36.130 — Commercial, Oversized and
Recreational Vehicles on.Private Property
The Azusa Municipal Code is hereby amended, with underlined text denoting additions and strikeout
denoting deletions.
88.36.130. - Commercial, Oversized and Recreational Vehicles on Private Property.
A. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Commercial vehicle means a motor vehicle of a type required to be registered under the California Vehicle
Code, or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or
maintained primarily for thb transportation of property.
Curb means an edging (as of concrete) built along a street to form part of the gutter and edge of the street.
Gross vehicle weight rating (GVWR) means the weight specified by the manufacturer as the loaded weight
of a single vehicle.
Gross combination weight rating (GCWR) means the weight specified by the manufacturer as the loaded
weight of a combination or articulated vehicle. In the absence of a weight specified by the manufacturer, GCWR
shall be determined by adding the GV WR of the power unit and the total unladen weight of the towed units and any
load thereon.
Oversized vehicle shall be defined as any vehicle whether motorized or non -motorized, that exceeds 23 feet in
length, or 80 inches in width or 96 inches in height regardless of its weight. Any extension caused by any minor,
load height or any accessory attached to such vehicle shall be considered part of the measured distance.
Notwithstanding the length, width, and height requirements for an oversized vehicle, the following vehicles
shall also be considered oversized vehicles subject to the prohibitions contained in this section:
Buses as defined in the California Vehicle Code;
Trailer coaches as defined in the California Vehicle Code; and
Park means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of,
and while actually engaged in, loading or unloading merchandise or passengers.
Recreational vehicle shall be defined as a motor home, slide -in camper, travel trailer, truck camper, or
camping trailer, with or without motor power, designed for human habitation for recreational purposes or emergency
occupancy. Recreational vehicle shall also include:
1. Camping trailer. A vehicular portable unit mounted on wheels and constructed with collapsible partial
sidewalls which fold for towing by another vehicle and unfold at the campsite and designed for human
habitation for recreational or emergency occupancy; -
2. Motor home. A vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis,
chassis cab or van, which becomes an integral part of the completed vehicle, designed for human
habitation for recreational or emergency occupancy;
3. Slide -in camper. A portable unit, consisting of a roof, floor and sides, designed to be loaded onto and
unloaded from the bed of a pickup truck, and designed for human habitation for recreational or
emergency occupancy and shall include a truck camper.
4. Travel trailer. A portable unit, mounted on wheels, of such a size and weight as not to require special
highway movement permits when drawn by a motor vehicle and for human habitation for recreational or
emergency occupancy or travel trailers carrying off-highway vehicles.
Page 1 of 4
Exhibit `B"
Code Amendment Number 240
Proposed Code Amendment to Chapter 88.36.130 — Commercial, Oversized and
Recreational Vehicles on Private Property
The Azusa Municipal Code is hereby amended, with underlined text denoting additions and strikeout
denoting deletions.
5. Off Highway vehicles. Vehicles that are subject to the provisions of California Vehicle Code, Section
38010(a), that include, but are not limited to (a) any motorcycle or motor -driven cycle, except for any
motorcycle which is eligible for a special transportation identification device issued pursuant to Vehicle
Code, Section 38088; (b) any snowmobile or other vehicle designed to travel over snow or ice, as defined
in Vehicle Code, Section 557; and (c) any motor vehicle commonly referred to as a sand buggy, dune
buggy, or all terrain vehicle.
Right-of-way means a corridor or strip of land, either public or private, on which a right of passage has been
recorded and over which are built roadways, curbs and parkways.
Semitrailer means a vehicle designed for carrying persons or property, used in conjunction with a motor
vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another
vehicle.
Trailer means a vehicle designed for carrying persons or property on its own structure and for being drawn by
a vehicle. "Trailer" includes a semitrailer when used in conjunction with an auxiliary dolly, if the auxiliary dolly is
of a type constructed to replace the function of the drawbar and the front axle or axles of a trailer.
Truck tractor means a motor vehicle designed and used primarily for drawing other vehicles and not so
constructed as to carry a load, other than a part of the weight of the vehicle and the load so drawn. As used in this
section, "load" does not include items carried on the truck tractor in conjunction with the operation of the vehicle if
the load carrying space for these items does not exceed 34 square feet.
Unladen weight means the weight of a vehicle equipped and ready for operation on the road including the
body, fenders, oil in motor, radiator full of water, with five gallons of gasoline or equivalent weight of other motor
fuel; also equipment required by law, and unless exempted under California Vehicle Code Section 661, any special
cabinets, boxes or body parts permanently attached to the vehicle, and any machinery, equipment or attachment
which is attendant to the efficient operation of the body or vehicle.
Vehicle means a device by which any person or property may he propelled, moved, or drawn upon a highway,
excepting a de4vice moved exclusively by human power or used exclusively upon stationary rails or tracks.
B. Application.
These regulations shall apply only in Neighborhood districts and sub -districts as defined in this article.
C. Regulations.
The following regulations shall apply to the parking and/or storage of commercial, oversized and recreational
vehicles:
1. No commercial vehicle oversized vehicle or recreational vehicle shall have graffiti while parked or stored
on a street or allev within a commercial or residential districts including on residential and commercial
properties within those districts The registered owner of the commercial vehicle, oversized vehicle, or
recreational vehicle is responsible for the removal of graffiti upon being provided 48 hours written notice
by the City. Failure of any person to so remove graffiti shall constitute an additional violation.
2. Parkin and/or vehicle storage is not oermitted on unpaved commercial or residential lots except where it
is either associated with loading and unloadine goods or material when delivered to the property or where
the vehicle is parked in connection with providing services to or on the property.
4- 3.No trailer, truck tractor, or oversized vehicle may he parked on private property,
except:
a. While loading or unloading goods or materials when delivered to the property; and/or
Page 2 of 4
Exhibit "B"
Code Amendment Number 240
Proposed Code Amendment to Chapter 88.36.130 — Commercial, Oversized and
Recreational Vehicles on Private Property
The Azusa Municipal Code is hereby amended, with underlined text denoting additions and strikeout
denoting deletions.
b. When the vehicle is parked in connection with providing services to or on the property.
1,4. Recreational vehicles may beparkedand/or stored on private property, subject to the following:
a. A maximum of one recreational vehicle may be parked and/or stored in a front yard setback or a
residential driveway, provided that all of the following are met: (1) The entire recreational vehicle
fits over a paved surface; (2) The recreational vehicle is parked and/or stored behind a public
sidewalk, where applicable; (3) The recreational vehicle is parked and/or stored behind the property
line and does not encroach into a public parkway containing a sidewalk; and (4) Where there is no
sidewalk the recreational vehicle is parked at least eight feet from the face of the curb, or eight feet
from the beginning of the paved street.
b. Notwithstanding limitations on paved surfaces in front yard setbacks, a paved surface used for the
lawful parking and/or storage of a recreational vehicle shall combined with existing lawful
driveways shall generally not exceed 40 percent of the total width of the front yard setback.
Installation of more than one driveway or combined driveways may be permitted subject to the
submittal and approval of a temporary use permit and shall be in accordance with Section
88.36.100. Driveway locations and ultimate widths shall be established as part of the temporary use
permit.
C. Recreational vehicles may be parked and/or stored on side yards, as long as the entire recreational
vehicle is parked and/or stored on a paved surface and there is a clearance of not less than three feet
from the residential structure over the entire length of the recreational vehicle.
d. Recreational vehicles may be parked and/or stored on rear yards, as long as the entire recreational
vehicle is parked and/or stored on a paved surface and there is a clearance of not less than three feet
from all parts of the residential structure.
e. Recreational Vehicles parked or stored in front yard driveways must be parked perpendicular to the
front yard propertyline and where possible facing forward for safer egress into the public right-of-
way.
f Recreational vehicles parked and/or stored in a front yard driveway must be registered and
operational. Recreational vehicles shall be maintained clean and in repair and shall not leak any
fluids (oil, coolant, etc.). No person shall dump or dispose of any recreational vehicle waste except
in certified waste disposal canisters.
g. Recreational vehicles that arc stored on property may be protected with an appropriate cover. An
appropriate cover shall be a snap -up cover or snug zip -up cover made of canvas, polyester, vinyl or
other weather resistant material, customized to fit over the recreational vehicle. No recreational
vehicle shall be parked or stored anywhere on the property under a temporary accessory structure
(i.e., canopy, tent, tarp, or similar structure).
h. Recreational vehicles may be temporarily connected to an electrical outlet only while parked within
the private property for a period not to exceed 72 hours and for the sole purpose of loading and
unloading the recreational vehicle and getting it ready for a trip.
5. Commercial Vehicles may be parked and/or stored on private residential property, subject to the
following:
a. Commercial vehicles may not exceed gross weight of more than 10,000 pounds, unless:
While loading and unloadinggoods or material s when delivered to the property: and/or
Page 3 of 4
Exhibit `B"
Code Amendment Number 240
Proposed Code Amendment to Chapter 88.36.130 — Commercial, Oversized and
Recreational Vehicles on Private Property
The Azusa Municipal Code is hereby amended, with underlined text denoting additions and strikeout
denoting deletions.
ii. When the vehicle is parked in connection with providing services to or on the property.
b. Commercial vehicles may not exceed eight (8) feet in total outside width, or seven (7) feet in height
(including any load thereon), or twenty-one (21) feet in length in total bumper to bumper length.
(Ord. No. 08-07, § 3, 6-16-08)
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