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HomeMy WebLinkAboutD-3 - Ordinance No. 2016-O2, Code Amendment No. 240-Commercial Vehicle ParkingSCHEDULED ITEM D-3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER FROM: KURT CHISTIANSEN, AICP, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 2, 2016 SUBJECT: FIRST READING OF ORDINANCE NO. 2016-O2 AMENDING CHAPTERS 74 AND 88 OF THE AZUSA MUNICIPAL CODE RELATED TO COMMERCIAL VEHICLE PARKING SUMMARY: Staff has received various complaints regarding the parking of commercial vehicles in residential districts over the past several years. These vehicles not only generate complaints from residents, but also pose health and safety concerns in residential districts because of issues associated with the size and weight of commercial vehicles. Therefore, Staff is recommending approval of Code Amendment No. 240, which would amend Chapters 74 and 88 of the Azusa Municipal Code relating to commercial vehicle parking. On April 13, 2016, the City of Azusa Planning Commission conducted a duly noticed public hearing, upon hearing all testimonies from the public, the Commission recommended to City Council, approval of Code Amendment No. 240. RECOMMENDATION: Staff recommends that the City Council take the following actions: 1)Open the Public Hearing, receive public testimony, close the Public Hearing; and 2)Introduce for first reading Ordinance No. 2016-O2; amending Chapter 74.466 to change the threshold of commercial vehicle’s maximum gross weight from 10,000 pounds to 6,000 pounds and amend Chapter 88.36.130 to allow commercial vehicles to park within residential properties subject to certain restrictions. BACKGROUND: The California Vehicle Code allows for local municipalities to impose restrictions on the parking of commercial vehicles. Azusa Municipal Code currently restricts the parking of commercial vehicles that weigh more than 10,000 pounds. APPROVED COUNCIL MEETING 5/2/2016 Ordinance No. 2016-O2 May 2, 2016 Page 2 of 6 Staff conducted a Study Session on this matter and was directed by the City Council to draft a code amendment that would address the following issues: • Reduce the maximum gross weight of commercial vehicles from 10,000 pounds to 6,000 pounds. • Allow parking of commercial vehicles on residential properties subject to certain restrictions. DISCUSSION: EXAMPLES OF COMMERCIAL VEHICLES THAT WEIGH LESS THAN 10,000 LBS, BUT ARE OVER 6,000 LBS: In 2015, the Azusa Police Department experienced an increase of commercial vehicles complaints and citations. The below photographs are recent examples of commercial vehicles that a citizen called the police department to complain about, but enforcement action could not be taken because the GVW was below 10,000 lbs. These photos were taken by Staff. 8,781 GVW 9,940 GVW COMMERCIAL VEHICLE CITATIONS AND CALLS FOR SERVICE: COMMERCIAL VEHICLE CITATIONS TYPE 2011 2012 2013 2014 2015 74-466 AMC 59 51 58 47 67 POLICE CALLS INVOLVING COMMERCIAL VEHICLES TYPE 2010 2011 2012 2013 2014 2015 AMC 50 34 43 51 44 61 LOCAL MUNICIPALITIES COMMERCIAL VEHICLE SURVEY: Below is a survey of San Gabriel Valley and Southern California municipalities and their restrictions on commercial vehicles. The survey demonstrates many Cities have adopted municipal codes with an average weight of 6,000 pounds GVW in order for the vehicle to be classified as a commercial vehicle. Ordinance No. 2016-O2 May 2, 2016 Page 3 of 6 LOCAL MUNICIPALITIES COMMERCIAL VEHICLE SURVEY CITY ALLOWABLE PARKING TIMES EXTENDED HOURS WEIGHT VEHICLE LENGTH/WIDTH PARKED IN PRIVATE RESIDENTIAL PROPERTIES Alhambra 3 hours on- street parking No street parking 2AM- 6AM 6,000 pounds L: 20 FT W: 6FT H: 8FT Prohibited Arcadia 1 hour on-street parking No street parking 2:30AM- 5:30AM 6,000 pounds N/A Prohibited Azusa 1 hour on-street parking in commercial district 30-minute parking from 2AM-4AM 10,000 pounds N/A Prohibited Baldwin Park 2 hours on- street parking By permit 6,000 pounds N/A Prohibited Burbank 2 hours on- street parking No street parking 3AM- 5AM 6,500 pounds L:22 FT W: 8FT Prohibited Claremont No commercial vehicle parking No commercial vehicle parking 10,000 pounds N/A Prohibited Covina 30 minute on- street parking No street parking 2AM- 4AM 6,000 pounds W: 80 inches Prohibited El Monte 2 hours on- street parking No overnight on-street parking 10,000 pounds N/A Prohibited Glendale 5 hours on- street parking No overnight on-street parking No weight limit L: 20 FT W: 8 FT Prohibited Glendora 2 hour on-street parking No on-street parking 2AM- 4AM M-F 7,000 pounds N/A Prohibited Irwindale 2 hour on-street parking No on-street parking 12AM-5AM 6,000 pounds N/A Prohibited La Verne 1 hour on-street parking No on-street overnight parking 10,000 pounds N/A Prohibited Monrovia No commercial vehicle parking No commercial vehicle parking 10,000 pounds N/A N/A Ordinance No. 2016-O2 May 2, 2016 Page 4 of 6 Montebello 30-minute on- street parking No overnight on-street parking 6,000 pounds N/A Prohibited Monterey Park 2 hour on-street parking Between 7PM- 7AM 2 hour on- street parking Between 7PM-7AM 4,000(Oversized vehicle) 10,000 pounds (commercial Veh) L-23 ft W-8 ft H-6ft H-12ft (Commercial) Prohibited Pasadena 2 hour on-street parking No overnight parking 10,000 pounds N/A N/A Pomona Prohibited between 8PM- 6AM Prohibited between 8PM-6AM 6,000 pounds N/A Prohibited San Fernando No time limit No parking 10PM-6AM only comm. Zoned area No weight restriction N/A Allowed Shall not exceed ¾ ton commercial vehicle San Gabriel No commercial vehicle parking No commercial vehicle parking More than 6,000 pounds less than 10,000 pounds N/A Prohibited San Marino 2 hour parking 7AM-6PM No on-street parking 2AM- 5AM 4,000 pounds N/A Prohibited Sierra Madre 5 hour on-street parking No on-street parking 2AM- 5AM 10,000 pounds W: 7FT H: 7FT Prohibited South Pasadena No commercial vehicle parking between 2AM- 6AM No commercial vehicle parking between 2AM-6AM 5,000 pounds L-25ft H-8ft W-8ft Prohibited West Covina 2 hour on-street parking No on-street parking 2AM- 5AM 10,000 pounds N/A N/A Whittier No commercial vehicle parking No commercial vehicle parking 10,000 pounds N/A Allowed Shall not exceed 14,000 lbs GVW Ordinance No. 2016-O2 May 2, 2016 Page 5 of 6 CALIFORNIA VEHICLE CODE SECTION 22507.5: § 22507.5. Overnight parking; Parking commercial vehicles in residential district; Vehicles or trailer component thereof making pickups or deliveries excepted; Local ordinances (a) Notwithstanding Section 22507, local authorities may, by ordinance or resolution, prohibit or restrict the parking or standing of vehicles on certain streets or highways, or portions thereof, between the hours of 2 a.m. and 6 a.m., and may, by ordinance or resolution, prohibit or restrict the parking or standing, on any street, or portion thereof, in a residential district, of commercial vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or more. The ordinance or resolution relating to parking between the hours of 2 a.m. and 6 a.m. may provide for a system of permits for the purpose of exempting from the prohibition or restriction of the ordinance or resolution, disabled persons, residents, and guests of residents of residential areas, including, but not limited to, high-density and multiple-family dwelling areas, lacking adequate off street parking facilities. The ordinance or resolution relating to the parking or standing of commercial vehicles in a residential district, however, shall not be effective with respect to any commercial vehicle, or trailer component thereof, making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on the restricted streets or highways or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon the restricted streets or highways for which a building permit has previously been obtained. (b) Subdivision (a) of this section is applicable to vehicles specified in subdivision (a) of Section 31303, except that an ordinance or resolution adopted pursuant to subdivision (a) of this section shall not permit the parking of those vehicles which is otherwise prohibited under this code. (c) For the purpose of implementing this section, each local authority may, by ordinance, define the term "residential district" in accordance with its zoning ordinance. The ordinance is not effective unless the legislative body of the local authority holds a public hearing on the proposed ordinance prior to its adoption, with notice of the public hearing given in accordance with Section 65090 of the Government Code. NOTICING: On April 22, 2016, a public hearing notice was published on the proposed amendments to the municipal code. ENVIRONMENTAL REVIEW: The proposed Code Amendment is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) because the activity, which involves amending Chapter 88.36.130 and Section 74.466 of the City of Azusa Municipal Code, will not result in a direct or reasonably foreseeable indirect physical change in the environment; and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. In addition, the project is exempt from environmental review per CEQA under the General Rule (Section 15061 (b)(3)). The project involves updates and revisions to existing regulations. It can be seen with certainty that the proposed code amendment will have no significant negative effect on the environment. Ordinance No. 2016-O2 May 2, 2016 Page 6 of 6 ZONING CODE AMEDMENT FINDING OF FACTS: In order to approve the Zoning Code Amendment, the City Council must make the following Finding of Facts: 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 public streets, public highways and/or alleys. Therefore, the proposed code amendment will promote the street as a public and pedestrian place since fewer 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 Development Code Amendment would not adversely affect surrounding properties because current land use and zoning designations will remain the same. FISCAL IMPACT: There is no fiscal impaction associated with the recommended actions. The proposed amendment will amend Chapters 74 and 88 of the Azusa Municipal Code as related to commercial vehicle parking. Prepared by: Reviewed and Approved: Manuel Muñoz Kurt Christiansen, AICP Associate Planner Economic & Community Development Director Reviewed and Approved: Reviewed and Approved: Louie F. Lacasella Troy L. Butzlaff, ICMA-CM Management Analyst City Manager Attachments: 1) Draft Ordinance No. 2016-O2 ATTACHMENT 1 ORDINANCE NO. 2016-O2 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 public streets, public highways and/or alleys. Therefore, the proposed code amendment will Ordinance No. 2016-O2 May 2, 2016 Page 2 of 3 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 Ordinance. SECTION 4. The Secretary shall certify to the adoption of this Ordinance. PASSED, APPROVED and ADOPTED this 2nd day of May, 2016. ___________________________________________ Joseph Romero Rocha Mayor ATTEST: ___________________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk Ordinance No. 2016-O2 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-O2, 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 ___ day of ______, 2016 by the following vote to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ___________________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: ___________________________________________ Best Best & Krieger, LLP City Attorney 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 strikeout 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 10,000 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 10,000 6,000 pounds upon any public highway, street or alley or upon any property 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. Page 1 of 4 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 the 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 GVWR 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: 1. Buses as defined in the California Vehicle Code; 2. 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. 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. Page 2 of 4 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 alley 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. Parking and/or vehicle storage is not permitted on unpaved commercial or residential lots except where it is either associated with loading and unloading goods or material when delivered to the property or where the vehicle is parked in connection with providing services to or on the property. 1. 3.No commercial vehicle, 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 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. Page 3 of 4 b. When the vehicle is parked in connection with providing services to or on the property. 2. 4. Recreational vehicles may be parked and/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: i. While loading and unloading goods or material s when delivered to the property; and/or 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. Page 4 of 4 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-O7, § 3, 6-16-08)