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HomeMy WebLinkAboutAgenda Packet - January 2, 2007 „ ,„7 11,3: 1 AZUSA 9, 0A •RD A C TO: HONORABLE MAYOR AND M BERS TH Cc $461 FROM: BRUCE COLEMAN, DIREC •R OF ECONOMIC AND COM', NITY DEVELOPMENT VIA: F.M. DELACH, CITY A NAGER //tV DATE: JANUARY 2, 2007 SUBJECT: AN ORDINAN'E OF THE CITY OF AZUSA, CALIFORNIA, AMENDING AZUSA'S CO MERCIAL VEHICLE PARKING REGULATIONS RECOMMENDATION It is recommended that City Council consider any public comments during the public hearing, waive further reading, read by title only and introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 74 OF THE AZUSA MUNICIPAL CODE REGARDING COMMERCIAL VEHICLE PARKING EXECUTIVE SUMMARY Understanding vehicle weights and/or combined vehicle weights Gross Vehicle Weight Rating: Gross Combination Weight Rating (a) "Gross vehicle weight rating” (GVWR) commonly referred to as GVW means the weight specified by the manufacturer as the loaded weight of a single vehicle. (b) 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. The attached Ordinance authorizes the City Council, pursuant to the California Vehicle Code and case law to regulate the parking of commercial vehicles weighing 10,000 pounds or less (GCWR) in a manner similar to the existing regulation of commercial vehicles weighing over 10,000 pounds (GVWR) thereby distinguishing the difference between standalone vehicles and those in conjunction of towed or attached additional units. BACKGROUND At the October 2, 2006 City Council Meeting, the City Council directed staff to prepare an Ordinance and staff report regarding the parking of commercial vehicles weighing 10,000 pounds or less (GCWR) on public and commercial property. The City was concerned that the parking of commercial vehicles on public and commercial property created a safety hazard for both motorists and pedestrians as these vehicles tend to block line of sight, impair motorist and pedestrian visibility and reduce travel widths along City streets. In addition, the parking of commercial vehicles degrades the aesthetic appearance of the City's streetscape. The attached Ordinance would regulate the parking of commercial vehicles, weighing 10,000 pounds or less (GCWR) on public and commercial property1. The new regulations would be substantially similar to the existing parking regulations of commercial vehicles weighing over 10,000 pounds (GVWR). The attached Ordinance amends the City's commercial vehicle parking regulations as they relate to parking on public and commercial property. The City has existing commercial vehicle parking regulations for residential property found in Zoning Code Section 88.36.130. At this time the City Council has directed staff to only amend those provisions that relate to commercial vehicle parking on public and commercial property; however, in the future the City may desire to amend the residential property regulations to make them consistent with the public and commercial parking regulations in the attached Ordinance. The regulations would restrict the length of time that commercial vehicles could be parked on City streets to between thirty (30) minutes and one (1) hour, depending on the time of day. The Ordinance would also add new definitions that would clarify the City's commercial parking regulations. Per California Vehicle Code Section 22507 and case law, the City is required to post signs throughout the City notifying commercial vehicle drivers of the parking regulations. The City has the option of posting signs at every entrance to the City or posting signs in the specific areas where the commercial vehicle parking regulations will be enforced. FISCAL IMPACT Adoption of the proposed Ordinance will not create a fiscal impact because it merely extends the existing commercial vehicle parking regulations to commercial vehicles weighing less than 10,000 pounds (GCWR). The estimated costs for posting signs throughout the City are unknown at this time. ENVIRONMENTAL IMPACT The proposed ordinance will not create an impact on the environment. Therefore, the proposed ordinance is not subject to the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section 15061(b)(3) (no possibility that the activity may have a significant effect on the environment). City staff will prepare and file a Notice of Exemption as soon as possible following adoption of the proposed Ordinance. • ORDINANCE NO. Q7- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 74 OF THE AZUSA MUNICIPAL CODE REGARDING COMMERCIAL VEHICLE PARKING THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 74-1 of Article I of Chapter 74 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: Sec. 74-1. 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: Bus loading zone means a public place alongside the curb of a street or elsewhere in the city which has been designated by the city engineer for the loading or unloading of passengers by a public carrier engaged in the transportation of passengers. 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. 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. Loading zone means that space adjacent to a curb reserved for the exclusive use of vehicles during the loading and unloading of passengers or materials. 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. Parkway means that portion of a street other than a roadway or sidewalk. Passenger loading zone means the space adjacent to a curb reserved for the 1 exclusive use of vehicles during the loading or unloading of passengers. Pipe or pole dolly means a vehicle, other than a motor vehicle, having one or more axles which axles, if there be more than one, are not more than 54 inches apart, and two or more wheels, used in connection with a motor vehicle solely for the purpose of transporting poles, timbers, pipes, or integral structural materials and connected with the towing vehicle both by chain, rope, cable, or drawbar, and by the load, without any part of the weight of the dolly resting upon the towing vehicle. Police officer means every officer of the police department or any city employee authorized by the chief of police to direct or regulate traffic or to make arrests for violations of this chapter. 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. Stop, when required, means complete cessation of movement. Streetcar means a car, other than a railroad train, for transporting persons or property and operated upon rails, principally within the city. Taxistand means a public place alongside the curb of a street or elsewhere in the city which has been designated by the council as reserved exclusively for the use of taxicabs. 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 be propelled, 2 moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. Cross references: Definitions and rules of construction generally, § 1-2. Section 2. Section 74-466 of Article VIII of Chapter 74 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: (a) No person shall park or leave standing any commercial vehicle or truck tractor with a gross vehicle weight rating or gross combination weight rating of more than 10,000 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; or (3) The owner or legal operator parks the vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly in a rental parking space of a commercial parking lot designed for the parking of said vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly; or (4) The vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly is parked in a neighborhood center, a corridor, or district per Azusa Zoning Code Section 88.36.130(B). (b) No person shall park or leave standing any commercial vehicle or truck tractor with a gross combination weight rating of 10,000 pounds or less 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. (3) The owner or legal operator parks the vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly in a rental parking space of a commercial parking lot designed for the parking of said vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly; or 3 (4) The vehicle, truck tractor, trailer, semitrailer or pipe or pole dolly is parked in a neighborhood center, a corridor, or district per Azusa Zoning Code Section 88.36.130(B). (c) No person shall park or leave standing any detached trailer, semitrailer or pipe or pole dolly upon any public highway, street or alley. (d) No person shall park, store or leave standing any commercial vehicle exceeding a gross vehicle weight rating or gross combination weight rating of 10,000 pounds upon any public highway, street or alley 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; or (2) The vehicle is being used in conjunction with the making of alterations, repairs or construction upon any private or public property for which a building permit has previously been obtained. (e) No person shall park, store or leave standing any commercial vehicle with a gross combination weight rating of 10,000 pounds or less, upon any public highway, street or alley 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; or (2) The vehicle is being used in conjunction with the making of alterations, repairs or construction upon any private or public property for which a building permit has previously been obtained. Section 3. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. Section 4. This Ordinance shall become effective thirty (30) days after its adoption. 4 Section 5. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED, AND ADOPTED this day of 2007. Diane Chagnon Mayor ATTEST: Vera Mendoza City Clerk 5