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HomeMy WebLinkAbout1990-09-11 - AGENDA REPORTS - COMMERCIAL VEHICLE PARKING (2)PUBLIC HEARING DATE: SUBJECT: DEPARTMENT: BACKGROUND AGENDA REPORT City Manager Appro Item to be present September 11, 1990 Draft Ordinance regulating commercial vehicle parking Ordinance Number: 90-24 Community Development On July 13, 1989, a Municipal Court decision ruled that the City's code lacked enforceable language to regulate commercial vehicle parking on private property. As a result of this decision and. complaints made to the City Council, the staff was directed to draft an enforceable ordinance that would regulate commercial vehicle parking on both private property. and on public streets. This item was first heard by the Council on August 14, 1990. No changes to the text of the ordinance were proposed by the Council. The matter was continued to September 11,_ 1990 for the purpose of allowing the staff to investigate opportunities for creating truck parking areas in, or near the City. It was expressed at the hearing that if truck parking lots or storage yards were available, at a nominal cost, then the on -street truck parking problem could be reduced. The staff has contacted the California Department of Transportation (Caltrans), Southern California Edison (SCE), the City of. Los Angeles Department of Water and Power (DWP) and the Metropolitan Water District (MWD). All.four are large public agencies or utilities that may have excess rights-of-way, which could be made available for truck parking. The inquiries proved fruitless. None of these agencies presently have any available excess property. The results were as follows: 1. Caltrans has no available excess right-of-way in the Santa Clarita Valley. Most of its right-of-way is not conducive to a use that requires a flat, graded surface. A remote possibility is that as the Highway 126 project progresses, some excess property may be identified. 2. SCE has policies that prohibit parking under its 220,000 -volt transmission lines; an ongoing activity such as parking under these lines is considered a fire and safety hazard. Parking has been allowed under the lower voltage 66,000 -volt transmission lines in the past, but no areas are presently available. SCE is considering reviewing its parking policy that may result in a relaxation of its present position; however, no change is expected within the next year or two. 3. DWP responded similarly. Nothing is presently available. It does permit parking under its transmission lines, but only under certain circumstances The district must own that portion of the land. in fee. It will not lease to a private party. Only leases, to a public agency would be permitted. Subleasing would not be permitted. 4- (tem: 9 -mss —�o 0 01 - Agenda Agenda Report - 2 - September 11, 1990 4. MWD appears to have the fewest rules governing parking of any of the utilities. However, for environmental considerations, it would generally prefer not to have parking near its water transmission lines. Oil, and other fluids that leak or spill from vehicles are contaminants that could affect the district's. ability to safely transmit its water.. Like the other utilities, no property is presently available. Additionally, a short news article was printed in the August 21, 1990 issue of the NAwhall Signal. A portion of the article briefly discussed the problem of on -street truck parking; it requested anyone who had land available to use for truck parking to contact the City, if interested. No inquiries were received. OPTIONS FOR THE CITY COUNCIL 1. Direct the staff to further study opportunities for providing truck parking facilities on private property. 2. Defer action indefinitely. 3. Adopt the _ordinance as.drafted, or.as_modified by.the.City Council. RECOMMENDATION Pending public testimony, introduce the ordinance and pass to second reading. 1. City Council Agenda Report dated August 14, 1990 2. Planning Commission staff report dated July 17, 1990 3. Ordinance No. 90-24 MAR.r ID 184 0 0 PUBLIC HEARING PROCEDURE 1. Mayor Opens Hearing a. States Purpose of Hearing 2. City Clerk Reports on Hearing Notice 3. Staff Report (City Manager) or (City Attorney) or (RP Staff) 4. Proponent Argument (30 minutes) 5. Opponent Argument (30 minutes) 6. Five-minute Rebuttal (Proponent) a. Proponent 7. Mayor Closes Public Testimony S. Discussion by Council 9. Council Decision 10. Mayor Announces Decision CITY OF SANTA CLARITA .r NOTICE OF PUBLIC HEARING REGARDING PROPOSED AMENDMENTS ADDING SECTION 15.64.261 TO AND AMENDING SUBSECTION B OF SECTION 22.16.020 OF -THE SANTA CLARITA MUNICIPAL CODE RELATING TO PARKING OF COMMERCIAL VEHICLES IN THE CITY OF SANTA CLARITA PUBLIC NOTICE IS HEREBY GIVEN: A Public Hearing will be held before the -City Council of the City of Santa Clarita to consider a proposed ordinance to prohibit the parking of commercial vehicles in commercial, agricultural , or residential zones, with certain exceptions. Public testimony regarding the proposed ordinance will be heard by the City Council in the City Hall Council Chambers, 23920 Valencia Blvd., 1st floor on the 14th day of August, 1990, at or after 6:30 p.m. Proponents, opponents, and any interested_ persons may appear and be heard an this matter at that time. Further information may be obtained by contacting the City Clerk's Office, 23920 Valencia Blvd., 3rd Floor, Santa Clarita, Ca. If you wish to challenge the adoption of the proposed ordinance in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or the City Council, at, or prior to, the public hearing. . Dated: July 23, 1990 Donna M. Grindey City Clerk Publish date: July 25, 1990 40 J PUBLIC HEARING DATE: August 14, 1990 AGENDA REPORT City Manager Approval Item to be presented by: Lynn M. Harris � 4cd� SUBJECT: Draft Ordinance regulating commercial vehicle parking Ordinance Number: 90-24 DEPARTMENT: Community Development BACKGROUND The attached draft ordinance is proposed to amend and strengthen existing commercial vehicle parking regulations on. City streets and on private property. Citizens have complained that when commercial vehicles (trucks) park in or near residential areas, problems of sight visibility, noise, fumes, and unsightliness may occur. The draft ordinance proposes to prohibit truck parking on public streets and on private property in residential and agricultural zones. Trucks over 10,000 pounds gross vehicle weight (GVW) are proposed to be regulated by this ordinance. At its meeting of July 17, 1990, the Planning Commission held a public hearing, suggested amendments and recommended transmittal and approval to City Council. Please also refer to the attached Planning Commission staff report dated July 17, 1990 RECOMMENDATION Pending public testimony, introduce the ordinance and pass to second reading. ATTACHMENTS 1. Planning -Commission staff report dated July 17, 1990 2. Ordinance No. 90-24 MAR:r ID 104 0 0 ORDINANCE NO. 90-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, ADDING SECTION 15.64.262 TO, AND AMENDING SUBSECTION B OF SECTION 22.16.020 OF, THE SANTA CLARITA MUNICIPAL CODE RELATING TO THE PARKING OF COMMERCIAL VEHICLES. THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1. Section 15.64.262 is added to the Santa Clarita Municipal Code to read: 15.64.262. COMMERCIAL VEHICLE PROHIBITION. It shall be unlawful to park a commercial vehicle, as defined in the Vehicle Code, on any street in a residential or agricultural zone at any time, except that the following shall be permitted: (1) Vehicles with a gross vehicle weight (GVW) of less than ten thousand (10,000) pounds. (2) Vehicles while in the act of loading or unloading passengers, material, or merchandise. (3) Vehicles when necessarily in use for construction work being performed in the immediate vicinity. (4) Vehicles engaged in performing a service activity on the adjacent lot or parcel of land. SECTION 2. subsection B of Section 22.16.020 of the Santa Clarita Municipal Code is amended to read: B. The parking of any commercial vehicle, as defined in the Vehicle Code, having a gross vehicle weight (GVW) of greater than 10,000 pounds, on any property zoned for residential or agricultural uses,. is prohibited, except for: (1) Vehicles while in the act of loading or unloading passengers, materials, or merchandise. 0 9 (2) Vehicles engaged in performing a service activity on the adjacent lot or parcel of land. (3) Vehicles when.necessarily in use for construction work being performed in the immediate vicinity. SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. 19_. PASSED AND APPROVED this day of , MAYOR ATTEST: CITY CLERK -2- dch:ORD25280 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF SANTA CLARITA ) I, , City Clerk of the City of SANTA CLARITA, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting.of the City Council on the day of , 19_. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 19_, by the following vote, to wit: AYES: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: -3- dch:ORD25280 CITY CLERK r 0 CITY OF SANTA CLARITA STAFF REPORT Zoning Ordinance Amendment No. 90-003 DATE: July 17, 1990 TO: Chairwoman Garasi and Members of the Planning Commission FROM: Lynn M. Harris, Director of Community Development y�l� CASE PLANNER: Michael Rubin APPLICANT: City of Santa Clarita LOCATION: Citywide REQUEST: An ordinance to amend existing commercial vehicle parking regulations BACKGROUND: The attached draft ordinance is proposed to amend and strengthen existing commercial vehicle parking regulations on City streets and on private property. Citizens have complained that commercial vehicles (trucks) parking on streets or on driveways in residential areas create sight visibility problems; motorists have had difficulty seeing around trucks when trucks are parked near intersections or driveways. Other complaints of aesthetics, noise, and fumes have also been received. The parking of large commercial trucks in residential areas is viewed as an intrusion upon the neighborhood ambience. Noise is also a problem.. When a large truck starts its engine, it is especially noisy. If this happens in the early morning hours, it may be a disturbance to the residential peace and environment. The ordinance is also necessary to clarify existing language. in the code so that the commercial vehicle parking restrictions are enforceable. A" recent court decision determined that the existing code does not apply to truck parking on private property. PROJECT DESCRIPTION: The intent of the draft ordinance is to eliminate overnight and long term on -street -truck parking in residential and commercial areas, and to prohibit the parking of large commercial trucks on private property in residential areas. The- ordinance proposes to modify two existing sections in the Municipal Code: truck parking on public streets and on private property. Only trucks in excess of 10,000 pounds, gross vehicle weight (GVW), are subject to this ordinance. 1. Public Streets: Presently, the only on -street truck parking limitation contained in the Code pertains to trucks which are six feet in height or greater that impair sight visibility when parked within 100 feet of an intersection. In this instance signs may be posted prohibiting the parking of such trucks, when proximate to an intersection. 4-1 i ZOA-90-003 - 2 - July 17, 1990 section 1 of the draft ordinance proposes to change the existing restrictions on truck parking on public streets to prohibit the parking of all trucks 10,000 GVV on public streets in the commercial, residential, and agricultural zones, with certain exceptions. The exceptions address the need to conduct legitimate work while parked; once the work is completed, no further parking would be permitted. 2. Private Property: Previously, the City felt it had adequate language in the code to enforce truck parking on private property; however, a court decision on July 13, 1989 determined that the City may not use Section • 22.16.120B of the code to enforce truck parking on private property. This code section regulates truck parking in residential and agricultural zones. Zone boundaries extend to the centerline of the street; therefore, the City used this code provision to apply to both private- property and on public streets. This section provides that trucks over 6,000 pounds, unladen, may park in residential and agricultural zones, not to exceed two hours in length.. This would usually apply to a truck parked on the driveway of a private residence, as well as on a public street, but because of the above court decision, the City may not apply this code section to private property. New language. is needed to enforce truck parking regulations on private. property. In section 2 of the draft ordinance, it is proposed to change the size of trucks regulated to those in excess of 10,000 pounds (GVW), which is a state recognized standard. It was also previously determined that the City does not have the authority to regulate vehicles under this size. The 6,000 pound limit is a County code standard. Also, the two-hour time limit would be eliminated, so that truck parking would be prohibited entirely, with the same exceptions as noted above. In accordance with the California Environmental Quality Act, this request is categorically exempt under Section 15301(c) (Existing Facilities), and Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the State CEQA Guidelines, and requires no further environmental review. INTER DEPARTHENT /AGENCY REVIEW: This ordinance was prepared with the consultation of the City's Code Enforcement officer, the Sheriff's Department, the Public Works Department --Traffic Engineering Division, and the City Attorney's office. It was concluded by these departments that this ordinance would be -reasonable, enforceable, and effective. 41a • ZOA-90-003 - 3 - July 17, 1990 ANALYSIS: The draft ordinance will assist in eliminating problems of 'aesthetics., safety, noise, fumes, and disturbance of the public peace that are associated with on -street truck parking in residential and commercial areas and on private property in residential areas. It_,will also serve as a means to clearly establish and enforce prohibitions for truck parking in .areas where such parking is considered inappropriate. Pending public testimony, recommend approval of the attached draft ordinance to the City Council by minute action. LMH:CLT:MAR:r ID 84 5I-3