HomeMy WebLinkAbout1986-08-04; Traffic Safety Commission; ; Garfield Street between Elm Avenue and Grand Avenue could be closed and made into a public parking lotCITY Of CARLSBAD
TRAFFIC SAFETY COMMISSION
COMMISSION REPORT OF: August 4, 1986 ITEM NO.D-1
LOCATION: Garfield Street between Elm Avenue and Grand
Avenue.
INITIATED BY: Housing and
Carlsbad
PROBLEM AS STATED BY REQUESTOR:
Redevelopment Agency, City of
A portion of Garfield Street needs to be closed to provide
public parking.
BACKGROUND:
Garfield Street has a 60-foot right-of-way between Elm Avenue
and Grand Avenue. It is paved 50-feet wide and has curb and
gutter and sidewalk installed along a portion of the easterly
side. Right angle parking is currently available on the west
side, controlled by concrete wheel stops.
Patrons of the Ocean Manor Hotel use these parking stalls as
motel parking. At the February, 1986 Traffic Safety Commis-
sion meeting, motel parking was discussed. The decision of
the Commission at that time was for parking to remain as is
on Garfield Street, with this item brought back at a later
date.
DATA:
The Redevelopment Agency is proposing to hire a consultant to
design the parking layout, lighting, landscaping, etc., with
final design approval subject to the recommendation of the
Traffic Safety Commission. Final design would be required to
comply with the City Parking Ordinance, otherwise a standards
variance would be necessary.
\
TRAFFIC SAFETY COMMISSION
COMMISSION REPORT OF: August 4, 1986
Continued
' I
ITEM NO.D-1
As proposed by the Redevelopment Agency within the 50-feet of
existing pavement, a 20-foot stall (90° parking) and an 8-
foot parallel parking stall would result in a 22-foot travel
aisle, which is two feet less than the minimum required.
Angled parking could provide the necessary aisle width,
however, existing physical constraints such'as garages, power
poles and a tree limits the design options. The optimum
layout would need to be carefully studied, possibly including
one-way direction,
It is staff's opinion that the road is not necessary for
traffic circulation in this portion of the City. The City
Attorney has provided an opinion (attached) for closing the
street to provide a parking lot. His opinion is that it is
possible to close the street, subject to appropriate
findings.
Staff could support the road closure provided that the final
design allows adequate circulation within the parking lot
and existing businesses and residences on Garfield Street
have sufficient access from the parking lot. The parking
lot would be public, therefor motel patrons would be able
to use the parking lot.
CONCLUSION:
Garfield Street between Elm Avenue and Grand Avenue could be
closed and made into a public parking lot without undue
hardship or detrimental effects to the public, as this street
is not a vital link in the downtown circulation pattern,
RECOMMENDATION:
The Traffic Safety Coordinating Committee recommends that
Garfield Street be closed between Elm Avenue and Grand Avenue
and converted to a public parking lot, subject to review and
approval of the final layout and design by the City Engineer
and the Traffic Safety Coordinating Committee.
NECESSARY COUNCIL ACTION:
An ordinance will be required for Council _action to declare
that the street shall be used for parking purposes and
declaring that the street is no longer needed for the
purpose~ of vehicular traffic and to establish the rules and regulations for use of the land as a parking lot.
July 16, 1986
TO: TRAFFIC ENGINEER
FROM: Housing and Redevelopment Manager
RECEIVED
JULlS 1986
CITY OF CARLSBAD
ENGINEERING DEPARTMENT
CLOSING A PORTION OF GARFIELD STREET TO MAKE A PARKING LOT
Redevelopment Staff is proposing that the portion of Garfield
Street between Elm Avenue and Grand Avenue be closed to through
traffic and converted to a public parking lot. For several
years, this proposal has been considered as a method of creating
public parking in a highly used area close to the beach. The
recent successful development in the area is again forcing the
issue. Also, City Council has just allocated funds for major
streetscape improvements on the Elm Avenue corridor from I-5
to the ocean. This streetscaping project would likely
eliminate all on-street parking on Elm and increase demand in
the Village area. The completion of Elm Avenue to El Camino
Real will generate additional access to the beach area.
Finally, two recent studies, one of the Redevelopment Area and
one of the Special Treatment Area, indicate a demand for beach
public parking.
Staff is suggesting that the 60 foot right of way between Elm
and Grand on Garfield be closed to normal traffic. All existing
property access would be accommodated. A conceptual rendering
is provided in Exhibit A. This version shows a total of forty
five (45) spaces being made available for public use. The
project would also bring into conformance some illegal parking
spaces now scattered throughout the block. A legal opinion
from the City Attorney's Office addressing this proposal dated
October 27, 1981 is attached (Exhibit B).
If approved, the final design could include landscaping, signage,
lighting, and complement the proposed streetscaping. Funds
would be available from various sources including Redevelopment
funds.
CHRIS SALOMONE
CS:sh
Attachments
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J. MURRAY
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DATE:
TO:
MEMORANDUM
October 27, 1981
City Engineer
City Attorney
EXHIBIT B·
FROM:
·SUBJECT: CLOSING OF A PORTION OF GARFIELD TO M~KE IT A
PARKING LOT
vehicle Code Section 21101(a) permits the City Council by
ordinance or resolution to close any highway to vehicular
traffic when in the opinion of the legislative body having -
jurisdiction the highway is no longer needed for vehicular
traffic.
In Simpson v. City of Los Angel~s, et al., the predecessor of the
existing section of the Vehicle Code was applied by the
California Supreme Court to permit the closing of Alavera Street
to make it into a "Mexican Mall." At the time of passage of the
ordinance closing Alavera Street to vehicular traffic the street
was, according to the court, unpaved and insanitary. The court
upheld the closing against a challenge that it was.an unlawful
exercise of the police power because it denied a person on the
street reasonable access, thus denying he~ the use and enjoyment
_ of her property. The court concluded:
"Our conclusion is that it is
within the police power of the C:ity
to close Alavera Street to vehicular
traffic; that the closing of the
street to that extent does not
deprive the plaintiff's property of
all vehicular access but i_n-fact
leaves her property with such access
on other street frontage that damage
to the property of the plaintiff by
reason of such limited closing is
insubstantial and incidental to the
exercise by the city of unlawful
powers." 47 P.2d 477 (1935).
City Engineer -2-October·27, 1981
The city's power to close streets under Section 21101 has also
been upheld by several recent cases, including Rumford v. City of
Berkeley, 167 Cal. Rptr. 196, a 1980 case. In that case the city
partially closed the street to through traffic by the. placement
of traffic control devices.
All we need to do to close the street to vehicular traffic is to
have the City Council" find that it is no longer needed for such
use. The land still remains a designated city street.
There are two provisions of the Streets and Highways. Code which
allow the use of city lands for parking spaces. Those provisions
are contained in the Vehicle Parking District Law of 1943 and in
the Parking District Law of 1951. The-provisions of the Vehicle
Parking District Law of 1943 (Sections 31580 through 31582) state
that city lands may be used for parking spac·es and treated the
same as parking spaces acquired with pro.ceeds of the 1911, 1913
and 1915 Bond Acts. The provisions of the Parking· District Law
of 1951 (Sections 35300 through 35305 of the Streets and Highways
Code) are similar to those of the Parking Distri,ct Law of 1943
except that an ordinance is required for declaring the use of the
land for private parking spaces and requires the formation of a
district and the issuance of bonds pursuant to the Parking
Di.strict Law of 1951 before the city lands may be used for
parking spaces. There is no such restriction under the 1943
Act. •
In order to establish the parking lot on Garfield the City
Council must do two things. First, they must adopt an ordinance
declaring that the streets shall be used for parking purposes and
declaring that the street is no longer needed for the purposes of
vehicular traffic and, secondly, the city should by ordinance
establish the rules and regulations for use of the land as a
parking lot. This could all be done by one ordinance. In order
to adopt the ordinance, your department will have to come up with
evidence to allow the Council to ma~e the findings required by
the code. If you need help drafting the reports or further
information on the type of evid~.n~ needed, let us know. • • / l
DSH/mla
ENT F. BIONDO, JR., City Attorney
J s. HENTSCHKE, Assistant
Attorney·
CITY .OF CARLSBAD r. , , L. ") c) ) )c) ~ k>
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