Loading...
HomeMy WebLinkAboutAdopt Ordinance No. 4223 - Amend Ch 10.44 of the HBMC - Recr 4 _ City of Huntington Beach File #: 20-2042 MEETING DATE: 12/7/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Travis K. Hopkins, Assistant City Manager Subject: Adopt Ordinance No. 4223 amending Chapter 10.44 of the Huntington Beach Municipal Code regarding Recreational Vehicles Approved for introduction November 16, 2020 - Vote: 7-0 Statement of Issue: Ordinance No. 4223 approved for introduction on November 16, 2020, requires adoption. Recently, it was requested that staff assess the feasibility of allowing Huntington Beach residents to obtain a permit to lawfully park recreational vehicles (RVs) under 20 feet in length in front of their homes. Given that proposal, a draft ordinance was developed that if approved, would provide homeowners the ability to obtain a permit from the Police Department to park RVs under 20 feet in length in front of their home. Financial Impact: Not applicable. Recommended Action: Adopt Ordinance No. 4223, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Regarding Recreational Vehicles." Alternative Action(s): Do not approve the proposed ordinance and direct staff accordingly. Analysis: Currently, the City of Huntington Beach requires a permit to park an RV of any size, a vehicle over 22 feet, or a trailer (as defined in section 10.44.060a HBMC) on a public street. The City has established a permit system which allows residents to obtain permits for the purpose of loading and unloading oversized vehicles. Permits are granted for no more than 12 days in a calendar month, and no more than 144 days in a calendar year. Similar temporary exemptions exist under the exception clause when existing medical conditions limit the off-street parking of an RV or when City City of Huntington Beach Page 1 of 2 Printed on 12/2/2020 ce,verecZq�Legist-ar-` File #: 20-2042 MEETING DATE: 12/7/2020 permitted construction work requires the use of an RV. The proposed ordinance would amend the Huntington Beach Municipal Code by removing the time and number of occurrence restrictions for parking recreational vehicles under 20 feet in length in front of an individual's home. Per the proposed regulation, residents would be required to obtain a parking permit from the Police Department, which would allow the smaller RVs to be parked in front of or adjacent to their residence. The Police Department will have the authority to make and enforce rules and regulations for or regarding administration and enforcement of the permit. Environmental Status: The amendment to the Oversized Vehicle Parking Regulations is subject to the "common sense" environmental review exemption of CEQA Guideline Section 15-61(b)(3), which provides that it can be seen with certainty that there is no possibility that the parking in question may have a significant effect on the environment. Strategic Plan Goal: Enhance and maintain high quality City services Enhance and modernize public safety service delivery Attachment(s): 1. Ordinance No. 4223, including legislative draft City of Huntington Beach Page 2 of 2 Printed on 12/2/2020 powered,'*LegistarTM ORDINANCE NO. 4223 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE REGARDING RECREATIONAL VEHICLES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 10.44.065 Exceptions is hereby amended to add subsection B and adjust lettering as follows: 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, or unattached trailers provided that a permit has been issued in advance by the Police Chief. The Police Chief, or his or her designee, shall have authority to make and enforce any rules and regulations for or regarding the issuance, administration or enforcement of any permit as set forth in this chapter. 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. Permits are issued to the oversized vehicle as defined in Section 10.44.060 of the Huntington Beach Municipal Code and not the drawing vehicle. B. Recreation vehicles not more than 20 feet lone and 84 inches wide parked in front of and adjacent to the same residence that the vehicle owner either owns or rents, provided that a permit has been issued in advance by the Police Chief. The Police Chief, or his or her designee, shall have authority to approve, deny or condition any permit, and to make and enforce any rules and regulations for or regarding the issuance, administration or enforcement of any permit as set forth in this Chapter. C. Nothing in this Chapter shall be construed to permit sleeping in a vehicle. D. A permit may be used for any oversized motor vehicle parking while used in performing or assisting in performing city permitted 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. E. Oversized vehicles as defined in Section 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. ORDINANCE NO. 4223 SECTION 2. 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 7th day of December , 2020. Ma r ATTEST: INITIATED AND APPROVED: A/c.. �&�44444) City Clerk Ch' f f Polic REVIEWED AND APPROVED: APPROVED AS TO FORM AND CONTENT: City Manager s,, City Attorney 2 20-9069/240769/SFF Ord. No. 4223 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU,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 November 16, 2020, and was again read to said City Council at a Regular meeting thereof held on December 7,2020, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden NOES: None ABSENT: None ABSTAIN: None I,Robin Estanislau,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 Orange County Register on December 17,2020. In accordance with the City Charter of said City. Robin Estanislau, City Clerk City Clerk and ex-officio Clerk Deputy City Clerk of the City Council of the City of Huntington Beach, California LEGISLATIVE DRAFT HBMC 10.44.065 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, or unattached trailers provided that a permit has been issued in advance by the Police Chief. The Police Chief, or his or her designee, shall have authority to make and enforce any rules and regulations for or regarding the issuance, administration or enforcement of any permit as set forth in this chapter. 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. Permits are issued to the oversized vehicle as defined in Section 10.44.060 of the Huntington Beach Municipal Code and not the drawing vehicle. B. Recreation vehicles not more than 20 feet long and 84 inches wide parked in front of and adjacent to the same residence that the vehicle owner either owns or rents, provided that a permit has been issued in advance by the Police Chief. The Police Chief, or his or her designee, shall have authority to approve deny or condition any permit and to make and enforce any rules and regulations for or regarding the issuance, administration or enforcement of any permit as set forth in this Chapter. C. Nothing in this chapter shall be construed to permit sleeping in a vehicle. E D. A permit may be used for any oversized motor vehicle parking while used in performing or assisting in performing city permitted 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. E. Oversized vehicles as defined in Section 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. 12/1/2020 10.44.065 Exceptions Huntingtw,'i Beach Charter and Codeua Up PreVIOUSNeat Main Search Print No Frames MUNICIPAL CODE Title 10 VEHICLES AND TRAFFIC Chapter 10.44 PARKING—TIME LIMITS 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, or unattached trailers provided that a permit has been issued in advance by the Police Chief. The Police Chief, or his or her designee, shall have authority to make and enforce any rules and regulations for or regarding the issuance, administration or enforcement of any permit as set forth in this chapter. 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. Permits are issued to the oversized vehicle as defined in Section 10.44.060 of the Huntington Beach Municipal Code and not the drawing .............................. vehicle. B. Nothing in this chapter shall be construed to permit sleeping in a vehicle. C. A pen-nit may be used for any oversized motor vehicle parking while used in performing or assisting in performing city permitted 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. Oversized vehicles as defined in Section 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. (1935-11/74, 2115-11/76, 2514-12/81, 2855- 12/86, 3699-04/05, 3735-5/06, 3742-8/06,4028-8/14, 4155-11/18) View the mobile version. hitps://www.gcode.us/codes/huntingtonbeach/view.php?topic=municipal_code-10-10_44-10_44_065&frames=on 1/1 H-B-Wave PUBLISH DATE: 12/17/2020 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO. 4223 Adopted by the City Council on December 7, 2020 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE REGARDING RECREATIONAL VEHICLES" SYNOPSIS: Ordinance No. 4223 amends the Huntington Beach Municipal Code by removing the time and number of occurrence restrictions for parking recreational vehicles under 20 feet in length in front of an individual's home. Residents will be required to obtain a parking permit from the Police Department, which will allow the smaller RVs to be parked in front of or adjacent to their residence. The Police Department will have the authority to make and enforce rules and regulations for or regarding administration and enforcement of the permit. COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held December 7, 2020 by the following roll call vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden NOES: None ABSENT: None This ordinance is effective January 6, 2021. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 ROBIN ESTANISLAU, CITY CLERK Huntington Beach Wave PROOF OF PUBLICATION 2190 S.Towne Centre Place Suite 100 Anaheim, CA 92806 Legal No. 0011431100 714-796-2209 H.B.wave PUBLISH DATE: 17/l1/1020 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO.4223 Adopted by the City Council on December 7,2020 5190751 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAP- TER 10.44 OF THE BEACH MNICI- HUNTINGTON BEACH, CITY OF PAL CODE REGARDINGHUNTINGTON RECREATIONALVEHI- CITY CLERK DEPARTMENT CLES" 2000 MAIN ST SYNOPSIS : HUNTINGTON BEACH, CA 92648-2763 ordinance—No. 4223 amends the Huntington Beach Mu- nicipal Code by removing the time and number of oc- currence restrictions for Parking recreational vehicles under 20 feet in length in front of on individual's home. Residents will be required to obtain o parking permit from the Police Department, which will allow the smaller RVs to be parked in front of or adiacent to FILE NO. ORD. 4223 their residence. The Police Department will have the authority to make and enforce rules and regulations AFFIDAVIT OF PUBLICATION for administration and enforcement of for COPIES OF THIS ORDINANCE ARE AVAILA- STATE OF CALIFORNIA, BLE IN THE CITY CLERK'S OFFICE. SS. PASSED AND ADOPTED by the City Council of the City of Huntington Beach of a regular meeting held County of Orange December 7,2020 by the following roll call vote: AYES: Posey, Delgleize,Hardy,Semeta, Peterson,Carr, Brenden NOES: None I am a citizen of the United States and a resident of the ABSENT: None County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I This ordinance is effective January 6,2021. am the principal clerk of the Huntington Beach Wave, a CITY OF HUNTINGTON BEACH newspaper that has been adjudged to be a newspaper of HUNTINGTON BEACH,CA 92648 general circulation by the Superior Court of the County of 714-536-5227 Orange, State of California, on July 1, 1998, Case No. ROBIN ESTAN ISLAU,CITY CLERK A-185906 in and for the City of Huntington Beach, County PublishedOC Register Dec.17.2070 11431100 of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 12/17/2020 I certify(or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: December 17, 2020. Signature ,UP,.w,v,e 1 �,,,,W1,S City of Huntington Beach File #: 20-2030 MEETING DATE: 11/16/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Travis K. Hopkins, Assistant City Manager Subject: Approve for Introduction Ordinance No. 4223 Amending Chapter 10.44 of the Huntington Beach Municipal Code Regarding Recreational Vehicles Statement of Issue: Recently, it was requested that staff assess the feasibility of allowing Huntington Beach residents to obtain a permit to lawfully park recreational vehicles (RVs) under 20 feet in length in front of their homes. Given that proposal, a draft ordinance was developed that if approved, would provide homeowners the ability to obtain a permit from the Police Department to park RVs under 20 feet in length in front of their home. Financial Impact: Not applicable. Recommended Action: Approve for Introduction Ordinance No. 4223, "An Ordinance of the City Council of the City of Huntington Beach amending Chapter 10.44 of the Huntington Beach Municipal Code regarding recreational vehicles." Alternative Action(s): Do not approve the proposed ordinance and direct staff accordingly. Analysis: Currently, the City of Huntington Beach requires a permit to park an RV of any size, a vehicle over 22 feet, or a trailer (as defined in section 10.44.060a HBMC) on a public street. The City has established a permit system which allows residents to obtain permits for the purpose of loading and unloading oversized vehicles. Permits are granted for no more than 12 days in a calendar month, and no more than 144 days in a calendar year. Similar temporary exemptions exist under the exception clause when existing medical conditions limit the off-street parking of an RV or when City permitted construction work requires the use of an RV. City of Huntington Beach Page 1 of 2 Printed on 11/12/2020 powerEQ*Legistar'" File #: 20-2030 MEETING DATE: 11/16/2020 The proposed ordinance would amend the Huntington Beach Municipal Code by removing the time and number of occurrence restrictions for parking recreational vehicles under 20 feet in length in front of an individual's home. Per the proposed regulation, residents would be required to obtain a parking permit from the Police Department, which would allow the smaller RVs to be parked in front of or adjacent to their residence. The Police Department will have the authority to make and enforce rules and regulations for or regarding administration and enforcement of the permit. Environmental Status: The amendment to the Oversized Vehicle Parking Regulations is subject to the "common sense" environmental review exemption of CEQA Guideline Section 15-61(b)(3), which provides that it can be seen with certainty that there is no possibility that the parking in question may have a significant effect on the environment. Strategic Plan Goal: Enhance and maintain high quality City services Enhance and modernize public safety service delivery Attachment(s): 1. Ordinance No. 4223 2. Legislative Draft of Ordinance No. 4223 City of Huntington Beach Page 2 of 2 Printed on 11/12/2020 powered,LegistarT" ORDINANCE NO. 4223 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUN, INGTON BEACH AMENDING CHAPTER 10.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE REGARDING RECREATIONAL/VEHICLES The CityCouncil of the City of Huntington Beach does hereby ordi�in as follows: Y SECTION 1. Section 10.44.065 is hereby amended to read az follows: "Parking Exceptions: tions: / 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, or unattached trailers provided that a permit has been issued in advance by the Police Chief. The Police Chief, or his or her designee, shall have authority to approve, deny or condition any permit, and to make and enforce any rules and regulations for or regarding the issuance, administration or enforcement of any permit as set forth in this chapter. A permit may be issued for loading, unloading, or other short-term use not to exceed twenty-fout hours, provided that: 1. No more than sixteen(16) such periods are allowed in a calendar month; and 2. No more than eight day,s consecutively; and 3. No more than one hundred forty-four days in any twelve (12) month period. Such-oarkiniz shall be limited to the area in front of the residence from which the loading or unloadinia will occur, or in reasonable proximity thereto if the front of the residence is not available for narkinia. Permits are issued to the oversized vehicle as defined in Secti�n 10.44.060 of the Huntington Beach Municipal Code and not the drawing vehicle. B. Recreation vehicles not more than 20 feet Ionia and 84 inches wide parked in front of and adjacent to the same residence that the vehicle owner either owns or rents, provided that a perpnit has been issued in advance by the Police Chief. The Police Chief, or his or her designee, shall have authority to approve, deny or condition any permit, and to make and enforce any rules and regulations for or regarding the issuance, administration or enforcement of any permit as set forth in this Chapter. C. % Nothing in this Chapter shall be construed to permit sleeping in a vehicle. D./ A permit may be used for any oversized motor vehicle parking while used in performing or assisting in performing city permitted 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. E. Oversized vehicles as defined in Section 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. ORDINANCE NO. 4223 SECTION 2. This ordinance shall become effective 30 days after i6 adoption. i PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2026. Mayor ATTEST: INITIATED AND APPROVED: City Clerk Chief of Police REVIEWED AND APPROVED: APPROVED AS TO FORM AND CONTENT: i i' City Manager To, City Attorney �l 1 2 20-9069/239219/SFF LEGISLATIVE DRAFT HBMC 10.44.065 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 0,44.060 parked for the purpose of loading, or other short-term use, or unattached trailers provi ed that a permit has been issued in advance by the Police Chief. The Police Chief, or his or lie r�designee, shall have authority to approve deny or condition anv permit and to make and enflrce any rules and regulations for or regarding the issuance, administration or enforcenierit of any permit as set forth in this chapter.A permit may be issued for loading, unloading, or othelhort-term use not to exceed 24 hours, provided that: 1. No more than 12 6such periods are allowed in a calendar month; and 2. No more than dffee-gighLdays consecutively; and 3. No more than 144 days s i any 12 mentlpeF _01il—chundred forty- _bu d�vs fil any twelve 12)month / 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. Permits are issued to the oversized vehicle as defined in Section 10.44,060 of the Huntington Beach Municipal Code and not the drawing vehicle. B. Recreation vehicles not moro than 20 feet lot '9 and 84 inches wide narked in front of-and AlLe.e.ntto the sate —residence that the vehicle owner either owns or rents. provided that a permit has been issued in advance by the Police Chief.i The Police Chief, or his or h ne tier desige shall have authority to approve deny or condition all permit ancLto make and enforce any rules i r_e ula io»s for of re ar in tg lie issuance adtnninistration o enforcement of any uermit as set forth in this Chapter / C. Nothing in this chapter shall be construed to permit sleeping in a vehicle. G, D_ A permit maybe used for any oversized motor vehicle parking while used in performing or assisting in performing city permitted/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. E. Oversized vehicles as definned in Section 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. r I J 483 11/20/2020 City of Huntington Beach Recreational Vehicles November 16, 2020 I. HUNTINGTON BEACH Parking of Recreational Vehicles Huntington Beach Municipal Code Chapter 10.44 • Municipal Code Section 140.44 • Parking of oversized vehicles no allowed on public roads or alleys with a few exceptions • This includes all Recreational Vehicles, and any motor vehicle over 22 feet long or 84 inches wide including buses, motor trucks,trailers,vehicles used or maintained as farm machinery or special purpose or equipment. • Exceptions allowed by obtaining a permit. • No more that 12 periods in a calendar year • No more than three days consecutively • No more than 144 days in any 12 month period. 11/20/2020 Parking of Recreational Vehicles Huntington Beach Municipal Code Chapter 10.44 • Proposed Modifications Municipal Code Section 140.44 • Proposed Ordinance will allow RV Parking by Permit and the following requirements • Parking allowed in front of the residents home with out time limits • The RV must be no longer than 20 feet or no wider than 84 inches Parking of Recreational Vehicles Huntington Beach Municipal Code Chapter 10.44 • Other Proposed Modifications Municipal Code Section 140.44 • Proposed Making Minor Modifications to the existing exclusions for all RVs with a Permit • The number of parking days allowed per month from 12 to 16 days • Updating the number of consecutive days from 3 days to a maximum of 8 days • No change to the 144 days per. 2 11/20/2020 Questions? AW