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HomeMy WebLinkAboutApprove for introduction Ordinance No. 4028 amending Hunting Dept. ID PD-14-004 Page 1 of 4 Meeting Date:6/16/2014 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/16/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Robert Handy, Chief of Police SUBJECT: Approve for introduction Ordinance No. 4028 amending Huntington Beach Municipal Code Chapter 10.44 related to oversized vehicle parking regulations, exceptions, and overnight parking in a commercial or industrial district Statement of Issue: There is a need to revise the Oversize Vehicle Parking Ordinance, Chapter 10.44 in response to traffic safety, neighborhood wellness, and public health impacts of oversized vehicles and unattached trailers being stored on City streets. Financial Impact: Minor costs associated with new signage and mailing communications that will be absorbed in current budget. No anticipated increase or decrease in fines to City. Recommended Action: Approve for Introduction Ordinance No. 4028, "An Ordinance of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking — Time Limits" (Oversized Vehicle Parking Regulations, Exceptions, and Overnight Parking in a Commercial or Industrial District) Alternative Action(s): Do not approve and direct staff accordingly. Analysis: In response to continual complaints from citizens and business owners, the Police Department is proposing several changes to Chapter 10.44 of the Huntington Beach Municipal Code (HBMC). These changes are needed to address the inequities of the current ordinance, better align the ordinance with the California Vehicle Code, and more closely match the standards in neighboring cities. Amendments to HBMC Chapter 10.44 being recommended to better manage the parking of Oversized, Recreational, and non-motorized vehicles (trailers). To develop these amendments, Staff researched the best practices of other agencies to find the best fit for Huntington Beach. HBMC Chapter 10.44 was last amended on March 21, 2005. Asa result of the amendment, the current recreational vehicle and oversized parking restrictions were implemented and the RV permit system was created. However, over the past few years, issues attributed to on-street parking and storage of oversized vehicles and unattached trailers have become more pronounced, with the volume of complaints and City responses at an increased level. The purpose of the proposed changes are to address the traffic safety, neighborhood wellness, and public health impacts that larger vehicles and unattached trailers create while being stored on City streets. Staff focused on Item 22. - I HB -420- Dept. ID PD-14-004 Page 2 of 4 Meeting Date:6/16/2014 crafting municipal code updates that apply universally to the residents and visitors of the City, without favoring one type of vehicle, non-motorized or otherwise over another. The intent of the law is to allow RV owners, boat/watercraft owners, and other trailer owners the temporary use of streets for the purpose of loading, unloading and general pre-trip and post-trip preparations or other appropriate short term or emergency use. The four hour grace period before enforcement allows for such use. There are three primary issues associated with oversized vehicles and non-motorized vehicles (unattached trailers) being parked on public streets: 1. Diminished traffic safety — encroachment into the travel way on narrow roads, and obstruction of sight distance approaching intersections, driveways, or curves. 2. Blight and Neighborhood Wellness — the City receives hundreds of complaints per year regarding oversized vehicles and unattached trailers parked and stored on streets in the City. The current ordinance demands excessive staff resources to regulate and enforce and has proven ineffective at meeting the needs of residents. A non-motorized vehicle (trailer) that is not attached to a drawing vehicle is, by definition, being stored. 3. Public Health and Safety — storage of oversized vehicles and non-motorized vehicles (unattached trailers) with onboard utilities (such as fuel, water and sewer storage along with electrical components commonly found on toy haulers, boats, utility trailers, motorhomes and travel trailers) on public streets can be problematic. While parked, even short term, these vehicles can pose health and safety hazards such as raw sewage or fuel leaking from tanks, extension cords and water hoses creating trip hazards when draped across sidewalks and electrical hazards and noise generated from various types of accessory motors, pumps, battery chargers, and other various facilities. Specific HBMC proposed changes include: 1. Amend section 10.44.060 Oversized Vehicle Parking Regulations; • To include all streets in the city • Allow a four(4) hour grace period before enforcement • To include any motor vehicle over 84 inches wide • To clean up other language for clarity and consistency. 2. Amend section 10.44.065 Exceptions; • To allow all Oversized Vehicles, as defined in 10.44.060 (A), to get a permit. • To prohibit all types of unattached trailers from being stored on any street. • To reduce the number of consecutive days allowed for a single permit to comply with the California Vehicle Code and HBMC, which prohibits parking over 72 hours. • To limit the 45 day exception for oversized motor vehicles parked while used in performing services or repairs on residential property to 90 days maximum. • To reword the emergency and mechanical breakdown exception to be consistent with other areas in the HBMC. • Prohibit overnight parking of recreational vehicles and over-sized vehicles in a commercial or industrial district (10.44.065 (G)). • To clean up other language for clarity and consistency. 3. Delete section 10.44.080 Overnight Parking of Recreational Vehicle in Commercial or industrial District. HB -421- Item 22. - 2 Dept. ID PD-14-004 Page 3 of 4 Meeting Date:6/16/2014 • This section will no longer be needed with the addition of 10.44.065 (G) which prohibits overnight parking of recreational vehicles and over-sized vehicles in a commercial or industrial district. The following are examples of what other cities are doing: Newport Beach • Large motor vehicles (including RV's) or trailers, which are attached to a motor vehicle may park for less than 24 hours for the purpose of loading/unloading and cleaning while adjacent to the owner's residence. Requires permit for longer period not to exceed 72 hours. • Unattached trailer parking in residential district prohibited. Costa Mesa • Large motor vehicles (including RV's) only allowed for 48-72 hours and only when adjacent to owner's property. • No unattached trailers allowed on any street. Trailers attached to drawing vehicles only allowed for 48-72 hours and only when adjacent to owners property. • Commercial vehicles only allowed on designated streets, prohibited between 2 a.m. and 6 a.m., and never more than three hours at one time. Fountain Valley • No oversized vehicles allowed on any street—except actively loading or unloading. • Unattached trailer in a residential area — allowed for up to 36 hours with a permit in front of the owner's residence. • RV — allowed for up to 36 hours for actively loading or unloading with a permit directly in front of or within reasonable proximity of the owner's residence. • No parking of commercial vehicle trailers on any street at night. Westminster • No oversized vehicle parking on any street allowed except for the purpose of active delivery or pickup. • No unattached non-motorized vehicle allowed on any street. • RV may be parked for no more than 24 hours. No permit required. Seal Beach • No oversized vehicle parking (including RV's) on any street allowed except for the purpose of actively loading or unloading. • No oversized vehicle parking upon any street between 2:00 a.m. and 5:00 a.m. without a permit. Permit valid for up to 14 days. • No unattached trailers (regardless of length) without a permit. Permit valid for up to 14 days. Laguna Beach • No commercial vehicle, RV or trailers (regardless of length) attached or unattached, allowed on any street for more than five (5) hours in any 24 hour period. • Permit may be issued for up to 72 hours, but no more than two permits per year. Dana Point • No oversized vehicles on any street between the hours of 8:00 p.m. and 6:00 a.m. • Unattached trailer on any street is limited to two hours. • Trailer that is attached to drawing vehicle (regardless of length) — 24 hour max, 72 hours with a permit, directly adjacent to the property where the vehicle is registered. • RV — 24 hour maximum, 72 hours with a permit, directly adjacent to the property where the vehicle is registered. A maximum of six 72 hour permits per year. • Commercial Vehicle parking allowed only between 6 a.m. and 2 a.m., two hour max. Item 22. - 3 HB -422- Dept. ID PD-14-004 Page 4 of 4 Meeting Date:6/16/2014 San Clemente ® RV and trailer mounted boats - allowed on street up to five hours with no permit, 36 hours with a permit. Maximum six round-trip parking extensions may be issued per residential address per calendar year. ® Vehicles with attached trailer is limited to five hours on any City street or alley. ® Unattached trailer is prohibited unless the trailer is currently involved with construction, repairs or development occurring on any adjacent property. Environmental Status: Not applicable. Strategic Plan Goal: Maintain and Enhance Public Safety Attachment(s): 1. Ordinance No. 4028, "An Ordinance of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking —Time Limits" (Oversized Vehicle Parking Regulations, Exceptions, and Overnight Parking in a Commercial or Industrial District) 2. Legislative Draft, HBMC Chapter 10.44, Parking —Time Limits HB -423- Item 22. - 4 ORDINANCE NO. 4028 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING 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 10.44.060 of the Huntington Beach Municipal Code is hereby amended to read as follows: 10.44.060 Oversized Vehicle Parking Regulations Except as herein provided, no person shall park or leave standing upon any public street or highway: A. Any motor vehicle over 25 feet long, measured from the extreme forward point to the extreme rear point, including extensions or attached vehicles; B. Any motor vehicle over 84 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 84 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; E. Any non-motorized vehicle, such as a semitrailer, recreational vehicle trailer, watercraft trailer, trailer, trailer coach, utility trailer, motorcycle 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 hours on any public street or alley. 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 chapter, or F. Any"recreational vehicle (RV)" over 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. 14-4260/110249 1 Ordinance No. 4028 SECTION 2. Section 10,44,065 of the Huntington Beach Municipal Code is hereby amended to read as follows: 10.44.065 Exceptions Section 10.44.060 shall not apply to the following: A. Recreational vehicles or oversized motor vehicles as defined in Section 10.44.060, parked for the purpose of loading, or other short term use, provided that a permit has been issued in advance by the Police Chief. A permit may be issued for loading, unloading, or other short-term use not to exceed 24 hours, provided that: 1. No more than 12 such periods are allowed in a calendar month; and 2. No more than three days consecutively; and 3. No more than 144 days in any 12-month period. 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. B. Nothing in this chapter shall be construed to permit sleeping in a vehicle prohibited by Section 9.54,010 of the Huntington Beach Municipal Code, 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 not to exceed 90 days in any 12-month period. D. Any oversized motor vehicle which is parked for not more than 4 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, E. Any non-motorized vehicle, such as a semitrailer, recreational vehicle trailer, watercraft trailer, trailer, trailer coach, utility trailer, motorcycle 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 hours on any public street or alley. 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 chapter. F. Any recreational vehicle, as defined in Section 10.44.060(f), motorized or attached to its drawing vehicle, parked in reasonable proximity to a park between the hours of 6:00 a.m. and 9:00 p.m. G. Oversized vehicles and/or Recreational vehicles as defined in 10.44,060 parked upon any public street or highway in a commercial or industrial district between the hours of 6:00 a.m. and 9:00 p.m. 14-4260/110249 2 Ordinance No. 4028 SECTION 3. Section 10.44.080 of the Huntington Beach Municipal Code is hereby repealed. SECTION 4. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7 th day of July , 2014. mayor ATTEST: APPROVED AS TO FORM: B �L. ity Clerk Carty Attorney P0 CD:\ �t`L REV&EZPPROVED: INITIATED AND APP VED: t anager Police Chief 14-4260/110249 3 Ord. No. 4028 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 June 16,2014, and was again read to said City Council at a Regular meeting thereof held on July 7,2014, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Katapodis, Hardy, Boardman, Shaw, Sullivan, Carchio NOES: Harper 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 July 17,2014. In accordance with the City Charter of said City Joan L. Flynn, Ci1y Clerk Ci lerk and ex-officio Jerk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Ordinance No. 4028 LEGISLATIVE DRAFT HBMC Chapter 10.44 Parking—Time Limits 10.44.060 Oversized Vehicle Parking Regulations Except as herein provided, no person shall park or leave standing upon any public street or highway ; a eside +;,,, distfie : A. Any motor vehicle over 25 feet long, measured from the extreme forward point to the extreme rear point, including extensions or attached vehicles; B. Any motor vehicle over 9684 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 9684 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; E. Any non-motorized vehicle, such as a semitrailer, recreational vehicle trailer, watercraft trailer, trailer, trailer coach, utility trailer, motorcycle 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 hours on any public street or alley. 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 chanter; or F. Any "recreational vehicle (RV)" over 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 Cede Section 18010 or successor statute. (1935-11/74, 2115-11/76, 2514-12/81, 2855-12/86, 3699-04/05, 3823-4/09) 10.44.065 Exceptions Section 10.44.060 shall not apply to the following: A. Recreational vehicles or oversized motor vehicles as defined in Section 10.44.060, a beat E)fpefsanA wate fe ft+Ma"er, parked for the purpose of loading, or other short term use, provided that a permit has been issued in advance by the Police Chief A permit may be issued for loading, unloading, or other short-term use not to exceed 24 hours, provided that: 1. No more than 4-612 such periods are allowed in a calendar month; and 2. No more than eigbAthree days consecutively; and 3. No more than 144 days in any 12-month period. 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. B. Nothing in this chapter shall be construed to permit sleeping in a vehicle prohibited by Section 9.54.010 of the Huntington Beach Municipal Code. 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 not to exceed 90 days in any 12-month period. D. Any oversized motor vehicle which is parked for not more than 244 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. E. Any non-motorized vehicle, such as a semitrailer, recreational vehicle trailer, watercraft trailer,trailer, trailer coach, utility trailer, motorcycle 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 hours i thef than side fia distfieton any public street or alley. 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 chapter. F. Any recreational vehicle as defined in Section 10.44060(f), motorized or attached to its drawing vehicle, parked in reasonable proximity to a park between the hours of 6:00 a.m. and 9:00 p.m. (1935-11/74, 2115-11/76, 2514-12/81, 2855-12/86, 3699-04/05, 3735-5/06, 3742-8/06) G. Oversized vehicles and/or Recreational vehicles as defined in 10 44 060 parked upon any public street or highway in a commercial or industrial district between the hours of 6:00 a.m. and 9:00 p.m. HBMC Chapter 10 . 44 OversizedVehicle Parking Regulations Chapter 10 . 44 Amendments ❑ Limit oversized permits to 3 consecutive days. ❑ Limit parking of unattached trailers to 4 hrs. ❑ Include all trailer types in permit system — watercraft, motorcycle and utility ❑ Prohibit oversized vehicles from parking overnight in the commercial and industrial d i st ri cts. f r L ft 10.44.060 Oversized Vehicle Parking Regulations ❑Limit parking of all unattached trailers to 4 hours on any city street. ❑Align watercraft trailers with all trailer types. M6 A%W 10.44.065 Exceptions ❑Limit 24 hour RV and Oversized Vehicle permit to 3 days from 8 days ❑Limit days per month to 12 days from 16 days ❑Include vehicles over 25' in total length in permit system M d Repeal 10.44.080 and add 10.44.065 (G) Exceptions ❑No overnight parking on any street in commercial or industrial districts ❑Better align HBMC with neighboring cities ❑Prevent oversized vehicles registered in neighboring cities from parking on HB streets for extended periods