HomeMy WebLinkAboutOrdinance 3968 - Amends HBMC Chapter 10.44 relating to Parki PROOF OF
PUBLICATIONCITY OF HUNTINGTON
BEACH,
LEGAL NOTICE
STATE OF CALIFORNIA) ORDINANCE
Adopted by the City Council
) SS.
on FEBRUARY 4,2013
"AN ORDINANCE,OF THE
CITY OF HUNTINGTON
COUNTY
OF ORANGE ) BEACH AMENDING SEC-
TIONS 10.44.010;
10.44.020, 10.44.036
AND 10.44.040 OF
CHAPTER 10.44 OF THE
am a citizen of the United States and a HUNTINGTDN BEACH
MUNICIPAL CODE RE-
resident of the County of Los Angeles; I LATING TO PARKING
TIME LIMITS"
am over the age of eighteen years, and SYNOPSIS:
Staff identified several
not a party to or interested in the notice areas within Chapter
10.44 of the Municipal
published. I am a principal clerk of the Code where terminology
and limitations appeared
HUNTINGTON BEACH to be in conflict or
contradictory. Addition-
INDEPENDENT, which was adjudged a ally,' existing sections
contained very er o re-
newspaper f general circulation on strictive statements
p p g that limited the ability
September 29, 1961, case A6214, and of staff to use parking
time limit restrictions to
June 11, 1963, case A24831 , for the address a variety of cir-
cumstances and needs
City of Huntington Beach, County of throughout the City. In
some.cases, parking re-
Orange, and the State of California. strictions have been im-
plemented over the
Attached to this Affidavit is a true and years that do not entire-
ly conform to the Iimi-
complete copy as was printed and tations as stated in the
code. As a result, staff
published on the following date(s): completed a comprehen-
sive review of this chap-
ter and .recommended
Thursday, February 14, 2013 suit he practica to l better
the
ap-
plication of these sec-.
tions to meet a wide
range of„ need§
throughout the commu-
nity.
PASSED AND ADOPTED,
certify (or declare) under penalty by the City Council of
the City of. Huntington.
of perjury that the foregoing is true Beach at a regular
meeting held
and correct. February 4,2013 by the
following roll call vote:
AYES: Sullivan, Hardy,
Harper, Boardman,
Carchio, Shaw,
Katapodis
NOES:None
Executed on February 21 2013 ABSTAIN:None
ABSENT:None
THE FULL TEXT OF THE
at Los Angeles, California ORDINAN ETIS AVAIL-
ABLE
ITY
CLERK'S OFFICE.
This ordinance is effec-
tive 30 days after
adoption.
CITY OF HUNTINGTON
W60060-
BEACH
2000 MAIN STREET
HUNTCA 926 BEACH,
CA 92648
Slg714-S36-S227SignatureJOAN L.FLYNN,CITY
CLERK
Published H.B. Indepen-
dent2/14/2013
Dept.ID PW13-005-Page 1 of 2
Meeting Date: 1/22/2013 /
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 1/22/2013
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Approve for introduction Ordinance No. 3968 amending Huntington Beach
Municipal Code Chapter 10.44 relating to Parking Time Limits
Statement of Issue: Staff has identified several areas within Chapter 10.44 of the Municipal Code
where terminology and limitations appear to be in conflict or contradictory. Additionally, existing
sections contain very restrictive statements that limit the ability of staff to use parking time limit
restrictions to address a variety of circumstances and needs throughout the City. In some cases,
parking restrictions have been implemented over the years that do not entirely conform to the
limitations as stated in the code. As a result, staff has completed a comprehensive review of this
chapter and is recommending the following modifications to better suit the practical application of
these sections to meet a wide range of needs throughout the community.
Financial Impact: The amendments are not expected to result in any financial impacts.
Recommended Action:
Motion to: Approve for Introduction Ordinance No. 3968, "An Ordinance of the City of Huntington
Beach Amending Sections 10.44.010, 10.44.020, 10.44.030, and 10.44.040 of Chapter 10.44 of the
Huntington Beach Municipal Code Relating to Parking Time Limits."
Alternative Action(s): Deny approval or recommend alternative amendments to the Municipal
Code sections related to parking time limits.
Analysis: The following summarizes the proposed parking time limit amendments to Municipal
Code Chapter 10.44 in Sections 10.44.010, 10.44.020, 10.44.030, and 10.44.040.
Section 10.44.010 Green Curb:
Amend the twenty-four (24) minute maximum time limit for green curb parking to allow setting
parking time limits in time increments up to two (2) hours. The code as currently written in this
section only allows parking for a maximum of twenty-four (24) minutes in green curb areas. The
amended section will allow the flexibility to designate green curb parking time limits other than just
twenty-four (24) minutes, and in time increments up to two (2) hours.
Section 10.44.020 Time Limitation Parking:
Amend the section making it a violation to park longer than any time limit as indicated by curb
stencil or signs. This section currently applies to violations for parking longer than twelve (12) or
Item 9. - I xB -108-
Dept. ID PW 1 3-005-Page 2 of 2
Meeting Date: 1/22/2013
twenty-four (24) minutes where those time limits are designated. The heading would be amended
to read "Time Limitation Parking" instead of"Twelve or twenty-four minutes—Violation". By
amending the heading, violations for parking longer than any time limit as specified by sign or curb
stencil would be applicable.
Section 10.44.030 One Hour Parking:
Amend the section by removing the hours (9 a.m. and 6 p.m.) and days (any day except Sundays
and holidays) one hour designated parking areas are in effect. This section currently states that one
hour designated parking areas are only in effect between the hours of 9 a.m. and 6 p.m. any day
except Sundays and holidays. At all other times the one hour parking areas are unrestricted. The
amended section will permit any one hour designated parking area to be applicable any time and
day as authorized by signs or curb stencil, providing the ability to impose when necessary, one hour
parking restrictions any time or day.
Section 10.44.040 Two Hour Parking:
Amend the section by removing the hours (9 a.m. and 6 p.m.) and days (any day except Sundays
and holidays) two hour designated parking areas are in effect. This section currently states that two
hour designated parking areas are only in effect between the hours of 9 a.m. and 6 p.m. any day
except Sundays and holidays. At all other times the two hour parking areas are unrestricted.
The amended section will permit any two hour designated parking area to be applicable any time
and day as authorized by signs or curb stencil, providing the ability to impose when necessary, two
hour parking restrictions any time or day.
Public Works Commission Action: The Public Works Commission will review the amendments
on January 16, 2013.
Environmental Status: None required for this action
Strategic Plan Goal:
Maintain public safety
Attachment(s):
1. Ordinance No. 3958, "An Ordinance of the City of Huntington Beach Amending Sections
10.44.010, 10.44.020, 10.44.030, and 10.44.040 of Chapter 10.44 of the Huntington Beach
Municipal Code Relating to Parking Time Limits."
2. Legislative Draft of Changes to Municipal Code Chapter 10.44
xB -109- Item 9. - 2
ATTACHMENT # 1
ORDINANCE NO. 3968
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTIONS 10.44.010, 10.44.020, 10.44.030 AND 10.44.040 OF
CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO PARKING TIME LIMITS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 10.44.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10.44.010 Green Curb Marking. Green curb marking shall mean no stopping, standing or
parking for a designated increment of time not to exceed two (2) hours as authorized by signs or
curb stencil. Taxi cabs shall not stand or park at any time where there are green curb markings.
SECTION 2. Section 10.44.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10.44.020 Time Limitation Parking. When authorized signs or curb stencil have been
determined by the Director of Public Works to be necessary and are in place giving notice
thereof, no operator of any vehicle shall stop, stand or park any vehicle adjacent to any such
legible curb stencil or sign in violation thereof.
SECTION 3. Section 10.44.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10.44.030 One-hour narking. When authorized signs or curb stencil have been
determined by the Director of Public Works to be necessary and are in place giving
notice thereof, no operator of any vehicle shall stop, stand or park any vehicle adjacent to
any such legible curb stencil or sign for a period of time longer than one hour.
SECTION 4. Section 10.44.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
10.44.040 Two-hour narking. When authorized signs or curb stencil have been determined by
the Director of Public Works to be necessary and are in place giving notice thereof, no operator
of any vehicle shall stop, stand or park any vehicle adjacent to any such legible curb stencil or
sign for a period of time longer than two hours.
SECTION 5. This ordinance shall become effective 30 days after its adoption.
12-3548/86895.doc I
Ordinance No. 3968
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 4th day of February , 20 13 .
e&� m
Ima"- - -1
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk <, City Atto ey 0lw f`SIQ
REVI WkND APPROVED: INITIATED AND AP ROVED:
;e
py?anager Director of Pub&Works
12-3548/86895.doc 2
Ord. No. 3968
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a Regular
meeting thereof held on January 22,2013, and was again read to said City Council at a
Regular meeting thereof held on February 4, 2013, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Sullivan, Hardy, Harper, Boardman, Carchio, Shaw, Katapodis
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on February 14,2013.
In accordance with the City Charter of said City
Joan L. Flynn, City Clerk Ci; rClerk and ex-officio erk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT #2
Ordinance No. 3968
LEGISLATIVE DRAFT
Chapter 10.44
PARKING--TIME LIMITS
(255-2/33,276-11/25,322-1/29,373-7/34,533-7/48,566-11/50, 1155-8/65, 1935-11/74,2115-11/76,
2177-5/77, 2276-5/78, 2514-12/81, 2644-12/83,2692-7/84, 2795-10/85,2855-12/86,3011-9/89,3136-5/92,
3257-11/94,3336-12/96,3699-4/05,
3735-5/06,3742-8/06,3823-4/09,3922-11/11)
Sections:
10.44.010 Twenty fatif f *e m mGreen Curb Marking
10.44.020 Twelve-or tweflty fi3tff minutes Viel:ztienTime Limitation
Parking
10.44.030 One-hour parking
10.44.040 Two-hour parking
10.44.050 Penalty--Continuing violations
10.44.060 Oversized vehicle parking regulations
10.44.062 Recreational vehicle parking in a residential district-special
permits
10.44.065 Exceptions
10.44.067 Street Sweeping- Compliance
10.44.070 Arterial highway oversize vehicle parking regulations
10.44.080 Overnight Parking of Recreational Vehicle in Commercial or
Industrial District
10.44.010 Twenty fouir minitte maximum-Green Curb Marking. Green curb
marking shall mean no standing or parking for a pefied of*ime 'ergo,
than tweRty fe designated increment of time not to exceed two(24)
minuteshours at any tiffleas authorized by signs or curb stencil. Taxi cabs shall
not stand or park at any time where there are green curb markings. (276-11/25,
322-1/29,533-7/48, 1155-8/65,3257-11/94,3922-11/11)
10.44.020 Twetvt or twenty fotw minutes- Violation-Time Limitation
Parking. When authorized signs or curb marlsstencil have been determined
by the Director of Public Works to be necessary and are in place giving notice
thereof, no operator of any vehicle shall stop, stand or park saidany vehicle
adjacent to any such legible curb fnaf-kingstencil or sign in violation thereof.
(276-11/25,322-1/29,533-7/48, 1155-8/65)
10.44.030 One-hour parking. When authorized signs or curb mar-lixgsstencil
have been determined by the Director of Public Works to be necessary and are in
place giving notice thereof, no operator of any vehicle shall stop, stand or park
saidmy vehicle between the hetifs of 9 a.m. and 6 r of any day o pt Sundays
a„d holidays adjacent to any such legible curb stencil or sign for a period of time
longer than one hour.
(255-2/23, 566-11/50, 1155-8/65)
10.44.040 Two-hour parking. When authorized signs or curb marlirgsstencil
have been determined by the Director of Public Works to be necessary and are in
place giving notice thereof, no operator of any vehicle shall stop, stand or park
1
them vehicle between the i,etifs f 9 a.m. and 6 r of n<, day o rt Sundays
and holida-ysadiacent to any such legible curb stencil or sign for a period of time
longer than two hours. (322-1/29, 373-7/34, 1155-8/65)
10.44.050 Penalty--Continuing violations. Any person violating any provision
of this chapter shall, upon a conviction thereof, be guilty of an infraction, and
punishable by a fine not to exceed one hundred dollars ($100), provided further
that each period of time a vehicle is left parked after the initial violation of such
provisions shall be deemed a separate offense, equal to the maximum legal
parking time for the particular time zone or parking space as designated in
sections setting the maximum legal time. (1155-8/65,2276-5/78)
10.44.060 Oversized vehicle parking regulations. Except as herein provided,
no person shall park or leave standing upon any public street or highway in a
residential district: (3699-04/05)
(a) Any motor vehicle over twenty-five (25) feet long measured from the extreme
forward point to the extreme rear point, including extensions or attached
vehicles; (3823-4/09)
(b) Any motor vehicle, over ninety-six (96) inches wide, measured at its widest
point excluding side-view mirrors or similar extensions, designed, used or
maintained for the transportation of property;
(c) Any motor vehicle, including buses, motor trucks, trailers, semitrailers,trailer
coaches, or truck tractors as defined in the Vehicle Code, over ninety-six (96)
inches wide, measured at its widest point excluding side-view mirrors or
similar extensions, designed, used or maintained for the transportation of
property;
(d) Any motor vehicle which is designed, used or maintained as farm machinery
or a special purpose or equipment machine; (3699-04/05)
(e) Any nonniotorized vehicle, such as a semitrailer, trailer, trailer coach, utility
trailer, two or more axle camper, or a one-axle camper, which has been
detached from its drawing vehicle; or (1935-11/74,2115-11/76,2514-12/81,2855-12/86,
3699-04/05)
(f) Any "recreational vehicle (RV)", over twenty (20) feet long measured from
the extreme forward point to the extreme rear point, including extensions or
attached vehicles. The term"recreational vehicle (RV)" shall have the same
meaning as set forth in California Health and Safety Code Section 18010 or
successor statute. (3699-04/05,3823-4/09)
10.44.062 Recreational vehicle parking in a residential district-special
permits.
(a) The Chief of Police may issue a temporary permit for the overnight parking of
a recreational vehicle prohibited by 10.44.060 if there is a finding that the
vehicle is used on a daily basis and on-premise parking is not reasonably
available. A permit issued based on this finding shall not be valid for longer
than six months. (3699-04/05)
2
(b) The Chief of Police may issue a temporary permit to persons who demonstrate
by way of written statement from a licensed medical doctor, that the
recreational vehicle prohibited by 10.44.060 must be kept near a residence for
medical reasons. (3699-04/05)
10.44.065 Exceptions. Section 10.44.060 shall not apply to the following:
(a) Recreational vehicles as defined in Section 10.44.060, or unattached boat or
personal water craft trailer, parked for the purpose of loading, or other short
term use,provided that a permit has been issued in advance by the Chief of
Police. A permit may be issued for loading, unloading, or other short-term
use not to exceed twenty-four hours, provided that: (3699-04/05)
1. no more than sixteen(16) such periods are allowed in a calendar month;
and (3699-04/05)
2. no more than eight days consecutively; and (3699-04/05,3742-8/06)
3. no more than one hundred forty-four days in any twelve (12)month
period.
(3735-5/06,3742-8/06)
Such parking shall be limited to the area in front of the residence from which
the loading or unloading will occur, or in reasonable proximity thereto if the
front of the residence is not available for parking. (3699-04/05)
(b) Nothing in this ordinance shall be construed to permit sleeping in a vehicle
prohibited by Section 9.54.010 of the Huntington Beach Municipal Code.
(3699-04/05)
(c) A permit may be issued for any oversized motor vehicle parked while used in
performing or assisting in performing services or repairs on residential
property. The permit will be valid for 45 days and will be renewed only upon
proof that the vehicle is continuing to be used in performing the services
described herein. (3699-04/05)
(d) Any oversized motor vehicle which is parked for not more than twenty-four
(24) consecutive hours to make emergency repairs to such vehicle. Nothing
herein shall be construed to permit violation of any restriction on vehicle
repair elsewhere in the Huntington Beach Municipal Code. (3699-04/05)
(e) Any nonmotorized vehicle, such as a semitrailer,trailer,trailer coach, utility
trailer,two or more axle camper, or a one-axle camper which has been
detached from its drawing vehicle parked for a period not to exceed four (4)
hours in any area other than a residential district. Successive acts of parking
within a two-tenths of a mile area shall be presumed to be a single act of
parking for purposes of this ordinance. (1935-11/74,2115-11/76,2514-12/81,2855-12/86,
3699-04/05)
(f) Any recreational vehicle parked in reasonable proximity to a park between the
hours of 6 a.m. and 9 p.m. (3699-04/05)
3
10.44.067 Street Sweeping—Compliance. All recreational vehicle permit
holders shall comply with the City of Huntington Beach street sweeping parking
regulations pursuant to Chapter 10.40 of the Huntington Beach Municipal Code
and as thereafter amended. (3735-5/06)
10.44.070 Arterial highway oversize vehicle parking regulations.
(a) Except as provided in subsection(b) and (c) hereof, no person shall park or
leave standing upon any arterial highway between the hours of 9 p.m. and 6
a.m., or for longer than two (2)hours at any other time, any motor vehicle
over eighty-four (84) inches high, measured from the surface of the roadway
to its highest point, or over eighty-four(84) inches wide, measured from its
widest point, excluding side view mirrors or similar extensions on any of the
following highways in the City of Huntington Beach:
Adams Avenue Edinger Avenue McFadden Avenue
Algonquin Street Edwards Street Newland Street
Argosy Avenue Ellis Avenue Pacific Coast Highway
Atlanta Avenue Garfield Avenue Seventeenth Street
Banning Avenue Goldenwest Street Slater Avenue
Beach Boulevard Gothard Street --Springdale Street
Bolsa Avenue Graham Street Talbert Avenue
Bolsa Chica Street Hamilton Avenue Ward Street
Brookhurst Street Heil Avenue Warner Avenue
Bushard Street Indianapolis Avenue Yorktown Avenue
Center Avenue Magnolia Street
(2177-5/77,2644-12/83,2692-7/84,2795-10/85,2855-12/86,3011-9/89,3336-12/96)
(b) In case of emergency, oversize vehicles shall be removed immediately if
between the hours of 9 p.m. and 6 a.m., otherwise they may park on the
highways listed in this section provided that such vehicles shall be removed
within four (4) hours. Emergency parking is defined to mean any vehicle left
standing at the roadside because of mechanical breakdown or because of
driver's physical incapacity to proceed. (3336-12/96)
(c) Nothwithstanding the prohibition contained in this section, wherever highway
markings clearly indicate legal on-street parking in front of residential
property facing any arterial highway set out in subsection (a) hereof, an
oversized vehicle may park or stand in front of such residential property for
not more than eight (8) consecutive hours to load or unload passengers or
property, or to furnish commercial services or repairs to the premises.
(3336-12/96)
10.44.080 Overnight Parking of Recreational Vehicle in Commercial or
Industrial District.
No person shall park or leave a recreational vehicle over twenty (20) feet long
measured from the extreme forward point to the extreme rear point, including
extensions, in a commercial or industrial district between the hours of 9 p.m. and
6 a.m. (3699-04/05)
4