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HomeMy WebLinkAboutF-1 Staff Report - Second Reading Ordinance Oversize VehicleSECOND READING ORIDINACE F-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MICHAEL BERTELSEN, CHIEF OF POLICE DATE: SEPTEMBER 16, 2019 SUBJECT: SECOND READING OF AMENDED PORTIONS OF CHAPTER 74 OF THE AZUSA MUNICIPLE CODE REGARDING COMMERCIAL AND OVERSIZED PARKING REGULATIONS BACKGROUND: At the August 19, 2019, City Council meeting, a public hearing was conducted and a proposed amendment to Chapter 74 of the Azusa Municipal Code was introduced for first reading by title only. The City Council approved the proposed amendment and this action conducts a second reading of the Ordinance, by title only, and adopts the amended Chapter 74 of the Azusa Municipal Code. RECOMMENDATION: Staff recommends that the City Council take the following action: 1) Read by title only, second reading and adoption, Ordinance No. 2019-01 Chapter 74 of the Azusa Municipal Code: SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 74 OF THE AZUSA MUNICIPAL CODE REGARDING COMMERCIAL AND OVERSIZED VEHICLE STREET PARKING REGULATIONS ANALYSIS: Parking of large commercial vehicles and oversized vehicles presents a safety hazard to pedestrians and vehicle traffic by impeding visibility. In addition, parking of large commercial vehicles and oversized vehicles in residential and commercial areas negatively impacts the aesthetics of the street. As a result, staff and the City Attorney’s office have assembled various provisions that would amend the City’s existing commercial vehicle regulations to address these concerns. The following provisions would be added to amend portions of Chapter 74 of the Azusa Municipal Code as follows: APPROVED CITY COUNCIL 9/16/19 1. Add new definitions for “oversized vehicles,” “park,” and “recreational vehicle” to clarify enforcement of proposed regulations. Of particular note are the definitions for “oversized vehicle,” which define this in terms of the physical characteristics of a vehicle (any vehicle that exceeds twenty three (23) feet in length, or eighty (80) inches in width or ninety-six (96) inches in height regardless of its weight); and the definition of “park” which includes language stating that “[F]or purposes of this definition a vehicle that is moved to a location or parking place that is within a two-hundred (200) foot radius if its original location or parking place shall be deemed to be parked at the same original location.” This is important because there have been instances in the past where illegally parked vehicles are simply moved from one nearby location to another to avoid the parking prohibitions. 2. Continue the prohibition on the parking of commercial vehicles with a gross vehicle weight rating or gross combination weight rating of more than ten thousand (6,000) pounds on any public highway, street or alley in the commercial areas of the City in excess of sixty (60) minutes. 3. Add a prohibition to the parking of unattached trailers and boats on all City streets. 4. Prohibit the parking of “oversized” vehicles on any City street for more than sixty (60) minutes between 6:00 a.m. of any day and 2:00 a.m. of the following day or for more than thirty (30) minutes between 2:00 a.m. and 6:00 a.m. of any day, subject to certain exceptions (i.e. pickups and delivery, emergency vehicles). 5. Provide an exception to the time limits noted above for the parking of recreational vehicles. These may be parked or left standing for seventy-two (72) hours provided certain conditions are met, including that the recreational vehicle is parked immediately adjacent to the home where the owner or guest resides; the recreational vehicle is in the process of being loaded/unloaded during the time it is parked; the recreational vehicle does not obstruct traffic or impede safety; and the parking of the recreational vehicle otherwise meets other applicable parking laws, including street sweeping parking regulations. 6. Authorize the Chief of Police, or designee to issue permits to residents with an oversized vehicle that is a recreational vehicle or vehicle with an attached camping, travel or boat trailer that belongs to a resident, or a guest of the household in which such resident resides for a seventy-two (72) hour period. For several years the Azusa Police Department has contracted with Turbo Data Systems. They are the provider of the police department’s electronic ticket writers, parking citation processing and appeals processing. Turbo Data also currently handles the processing, fulfillment and tracking of all Preferential Parking permits. This provides a cost effective solution to manage the City’s permit programs while significantly reducing city staff time commitments. Turbo Data Systems can provide and manage a streamlined, on-line permit process so residents can easily get a permit if they qualify for the listed exceptions. The process will be similar to the existing Preferential Parking permit process. An overview of the process is as follows: 1) The resident will upload proof of person (i.e. Driver’s License) and proof of address (i.e. utility bill) to create an account. 2) Turbo Data Systems will validate the documents and create an account for the resident. 3) Once the account is active, the resident can request the Oversize Vehicle permit. Requests for Oversize Vehicle permits will need to be made in advance to allow time for approval. 4) Resident will log back into account and print PDF Oversize Vehicle permit. Issued Oversize Vehicle permits can be used by the resident or a guest of the resident. The permits will have clearly defined start and end times for the exempt seventy-two (72) hour parking period. The permits must be prominently displayed on the oversize vehicle. Staff recommends that no more than twelve (12) Oversize Vehicle permits be issued to residents in a calendar year. FISCAL IMPACT: The fiscal impact associated with the Oversize Vehicle permit program is based on the attached “Budgetary Proposal” provided by Turbo Data Systems. Turbo Data will use the existing Preferential Parking Permit platform to also process the new Oversize Vehicle permits. This reduces the cost of the new program by eliminating a new startup and monthly fee. The cost of the new program will consist of a $1 fee for each online (digital) permit that is processed. The number of permits to be issued annually is unknown at this time, but will be assessed after the first year of the new program to determine what the fiscal impact is. The Oversize Vehicle permit program is not budgeted for in the FY 2019-20 budget. Prepared by: Fiscal Impact Review: Mike Bertelsen Talika M. Johnson Chief of Police Director of Finance Reviewed and Approved: Sergio Gonzalez City Manager Attachment(s): 1) Amended City Ordinance No. 2019-01 17236.99999\32269921. 11 ORDINANCE NO. 2019-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 74 OF THE AZUSA MUNICIPAL CODE REGARDING COMMERCIAL AND OVERSIZED VEHICLE STREET PARKING REGULATIONS 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 unladed 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. Oversized vehicle shall be defined as any vehicle whether motorized or non- motorized, that exceeds twenty three (23) feet in length, or eighty (80) inches in width or ninety-six (96) inches in height regardless of its weight. Any extension caused by any mirror, load height or any accessory attached to such vehicle shall be considered part Attachment 1 17236.99999\32269921. 12 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 3. Recreational vehicles as defined in this chapter. 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. For purposes of this definition a vehicle that is moved to a location or parking place that is within a two-hundred (200) foot radius if its original location or parking place shall be deemed to be parked at the same original location. 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 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 (1) or more axles which axles, if there be more than one (1), are not more than fifty-four (54) inches apart, and two (2) 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. 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 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 17236.99999\32269921. 13 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. 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 thirty-four (34) square feet. Unladed 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, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. 17236.99999\32269921. 14 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: “Sec. 74-466 Commercial and Oversized Vehicle Parking. (a) No person shall park, store or leave standing any commercial vehicle, truck tractor or truck tractor with or without an attached trailer, semitrailer or pipe or pole dolly designed to be operated in combination with a truck tractor with a gross vehicle weight rating or gross combination weight rating of more than ten thousand (10,000) pounds on any public highway, street or alley in the City in excess of sixty (60) minutes, unless: (1) The vehicle is making pickups or deliveries of goods, wares, services or merchandise to or from any building or structure immediately adjacent to the property on which such building or structure is situated. (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. (3) The vehicle is an ambulance, paramedic or public safety vehicle involved in responding to an emergency. (4) The vehicle is being repaired under emergency conditions for less than 8 hours. For purposes of this section emergency repairs shall mean sudden and unexpected repairs occurring during transport of the vehicle. (5) The vehicle belongs to federal, state or local authorities while conducting official government business. (b) Regardless of weight, no person shall park or leave standing any detached trailer, travel trailer, camping trailer, boat, boat trailer, semitrailer or pipe or pole dolly upon any public highway, street or alley. (c) No person shall park, store or leave standing any oversized vehicle upon any public highway, street or alley for more than sixty (60) minutes between 6:00 a.m. of any day and 2:00 a.m. of the following day or for more than thirty (30) minutes between 2:00 a.m. and 6:00 a.m. of any day, unless: (1) The oversized vehicle is making pickups or deliveries of goods, wares, services or merchandise to or from any building or structure immediately adjacent to the property on which such building or structure is situated. (2) The oversized vehicle is being used in conjunction with the making of 17236.99999\32269921. 15 alterations, repairs or construction upon any private or public property for which a building permit has previously been obtained. (3) The oversized vehicle is an ambulance, paramedic or public safety vehicle involved in responding to an emergency. (4) The oversized vehicle is being repaired under emergency conditions for less than 8 hours. For purposes of this section emergency repairs shall mean sudden and unexpected repairs occurring during transport of the vehicle. (5) The oversized vehicle belongs to federal, state or local authorities while conducting official government business. (d) Notwithstanding the parking and standing prohibitions contained in subsection (c), an oversized vehicle that is a recreational vehicle or vehicle with an attached camping, travel or boat trailer that belongs to a resident, or a guest of the household in which such resident resides, may be parked or left standing for seventy- two (72) hours provided the following conditions are met: (1) The recreational vehicle or vehicle with an attached camping, travel or boat trailer is parked on the street immediately adjacent to the property upon which the resident or guest resides. (2) The recreational vehicle or vehicle with an attached camping, travel or boat trailer is not be used for overnight camping, lodging, residing in, or any use for accommodation purposes. (3) The recreational vehicle or vehicle with an attached camping, travel or boat trailer shall not visibly block or obscure any existing safety or traffic control device and shall otherwise meet all other parking requirements for the street upon which it is parked. (4) The Police Chief, or designee, determines that the parking of the recreational vehicle or vehicle with an attached camping, travel or boat trailer would not create a public safety hazard and is issued a temporary overnight parking permit by the Chief, or designee. Such a determination may be made based on factors, including, without limitation, the size of the recreational vehicle or vehicle with an attached camping, travel or boat trailer, the configuration of the street or the location of any nearby trees, improvements or structures. (5) Parking of the recreational vehicle or vehicle with an attached camping, travel or boat trailer shall be in compliance with other applicable laws and parking regulations otherwise imposed on the street, including but not limited to parking restrictions containing time limitations and parking restrictions imposed for the purpose of facilitating street sweeping.” 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 17236.99999\32269921. 16 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. 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 16th day of September 2019. Joseph R. Rocha Mayor ATTEST: Jeffrey Cornejo City Clerk APPROVED AS TO FORM: ___________________________ Marco A. Martinez, City Attorney