HomeMy WebLinkAbout1980-06-17; City Council; 6274; Handicapped parking-2 - - CITY OF CARLSBAD - c;) 41
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Dept.Hd.
June 17, 1980 C. Atty.
C. Mgr.
' w li!XR'DA BILL NO.
DATE:
DEPARTMENT : City Manaqer
Subject: HANDICAPPED PARKING
Statement of the Matter
At the June 3, 1980 meeting, the City Council set a public hearing on a proposal to require handicapped parking spaces to be installed in existing parking lots. The vehicle code allows the City Council to require handicapped spaces and to issue citations for unauthorized
parking.
Twenty-two existing owners were notified of the hearing and advised
that Council could require one handicap parking space for each 50 spaces .
in the lot. The.number of spaces required is discretionary with the Council.
The resolution prepared by the City Attorney delegates to the City Manager the responsibility for determining how many spaces to require on each lot.
This public hearing applies only to the twenty-two properties listed in the report. capped spaces during plan processing.
Councilman Anear requested this matter be placed on the agenda. desired, you may wish to continue action until he is present.
Future developments can be required to provide Handi-
If
Fiscal Impact
Some staff time will be required to enforce this resdlution. spaces and signs will be paid for by property owners. city $13.50 each to make.
The parking
Signs cost the
Exhibit
A-Memo from Assistant City Attorney dated 5-30-79. 2-Letter from Department of Rehabilitation.
3-~fesolution NO. i 2 / 3 +&List of owners noticedoand location.(Exhibit A to Resolution) 5,Notice of Public Hearing.
&-Recommendation
Adopt Resolution No. 6a/3
parking spaces as designated by the City Manager.
which requires owners to instax1 handicap
Council Action
6-17-30: Council continued this item to the first meeting when all Council Members would be present.
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DATE :
TO :
FROM:
SUBJECT :
r-
MEMO RAN DUM
May 30, 1979
Assistant City Manager
Assistant City Attorney
HANDICAPPED PARKING
Attached you will find a copy of a proposed resolution to establish on and off-street handicapped parking zones within the City of Carlsbad. By enacting this resolution, the City
Council would put into effect Vehicle Code Section 22507.8 which makes it unlawful for any person to park in a handicapped zone- Pursuant to this resolution, and this Vehicle Code section, any person found parking in a handicapped zone when
the vehicle did not display a distinguishing placard or license plate would be subject to citation, It is possible to draft the ordinance so that the vehicle can be towed away at the owner's expense. If this is desired by the Council, then the resolution would have to be revised to providG for
additional signs and notification that the vehicle would be
towed away. That determination is a policy judgment for Council. At this time staff will have to determine which of the privately owned and maintained off-street parking facilities
should be subject to this resolution. is made, notice will have to be given to those off-street parking facility owners and operators at least ten days prior to the public hearing on the xesolution. Sn addition, we should have someone in the Engineering or Building Departments
draw up Appendix A which,would consist,of a sign showing the
standard international handicapped identifi,cation mark and
.
Once this determination
the dimensions of the
Assistang City Attorney
DSH/mla
Attachment
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To:
( 916) 3 22-3078
18, 1977
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City Pbnagers
County Adpkistrators
Iam writing to encourage you to adopt a Local ordinance -lo bprove the
evailability of parlchg for' handicapped persons.
California law (beginning with Section 21107.8 of the Kotor Vehicle Code)
now provides guidmce for enactmsnt of an ordinance to designate exclusive
pwkiig spaces for the physically handicappd.
referred to as the flBlus Curb Lawt1.
Lhder the Blue Curb Law, citles and couities can now designate reserved
pzrhg spc~!s for the handicapped.
provisions for erxorcing special parking privileges 5y allowi~ig citation ar.r3/c?i tow-away of vehicles parked in the spaces without proper authcri- zatim.
This ndvw Law is comaonly
The l%.l.ue Curb k.w" also'rnakes
For youk convenience, we have dra:.m 'up a model ordinance, which is enclosed.
Z?e have also enclosed' infornation necessary for implementation of the WLue
Curb law" i.. your comnunity.
If the Departrncnt of Rehabilitation can provide you with further assistaxe in enacting "Blue Curb" p;.ovisions, please contact the Idobility Barriers Section, 839 "K" Street I~laU., Sacramento, Cniifornia (916) 322-3078.
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' ED;iMftD V. HODiTS Director
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0 21102 VEHICLE CODE
sppropriate signs giving notice thereo. ire postat dong I-..? street or highway affected, nor in the case of state highways, until such ordinance or resolution is approved by the Department of Transportation.
4 21103. Signs required
No ordinance or rcsolutidn enacted under Section 21 101 shall be effective until signs giving notice of the local trafic laws are ported at all entranca to the highwily or part thereof affccted. All signs giving notice of any local trafic laws under subdivision (b) of Section 21 101 shall conform to the specifications applicable to stop signs.
$ 21104. Approvnl of Local Rcgulations
No ordinance or rcvolution proposed to be enacted under Section 211Ci or subdivision (d) of Section 21100 is effective as to any highway not under the exclusive jurisdiction of the local authority enacting
the same, except that an ordinance or resolution which is submitted to the Department of Transportation by a local legislative body in complete draft form for approval prior to the cnactmeiit thereof is effective as to any state to the enactment ihercof is effective as to any state highway or part thereof specified in the written approval of the department. No such ordinance or resolution enacted under subdivision (c) of Section 21101 which applies to any state highway included in the national system of interstate and
defense highways, shall subssqucntly be disapproved until such disapproval has been concurred in by a four-fifths vote of the California Highway Commission except that no such ordinance or resolution enacted prior to January I, 1969, under subdivision (c) of Section 21101 which applies to any state highway iiicluded in the national system of interstate and defense highways, shall subsequently be disapproved until such disapproval has been concurred in by both the local authority and by a four-fifths vote of the California Highway Commission.
8 22107.8. Private Parking Facilities
(a) Any city or county may, by ordinance or resolution, find and declare that there are privately owned and maintained off-street parking facilities as described in such ordinance or resolution within the city or
county that are generally held open for use of the public for purposes of vehicular'parking. Upon enactment by a city or county of such an ordinance or resolution, Sections 22350, 22507.8, 23103, and 23109 shall apply to any such privately owned and maintained off-street parking facilities, except as provided in subdivision (b). In addition, if specifically stated in such ordinance or resolution, the provisions of Division 16.5 (commencing with Section 38000) shall apply to any such facilities, except as provided in subdivision (b).
(b) Notwithstanding the provisions of subdivision (a), no ordinance or resolution enacted thereunder shall apply to any off-street parking facility described therein unless the owner or operator has caused to be posted in a conspicuous place at each entrance to such off-street parking facility a notice not less than 17 by 22 incha in size with lettering not less than one inch in height, to the effect tnat such off-street parking facility is subject to public trafic regulations and control.
(c) No ordinance or resolution shall be enacted under subdivision (a) without a public hearing thereon and IO days prior written notice to the owner and operator of the privately owned and maintained off- street parking facility involved.
(d) The department shall not be required to provide patrol or eiforce any piovisions of this code on any privately okned and maintained off-street parking facility subjected to the provisions of this code under this section exepi those provisions applicable to private property other than by action under this section.
5 21109. Tunnels, Bridges, and Viaducts
14 authorities may adopt rules and regulations by ordinance or resolution regulating vehicular and pedestrian traffic in subways. tubes, and tunnels cr upon bridges or viaducts. The proposed ordinance or resolution stAall not be effective as to any state highway until approved in writing by the Department of Transportation.
The rules or regulations shall not be effcctivc until appropriate signs have been posted giving notice thereof to drivers and pedestrians approaching the highway structures.
$21112. Taxicab and Bus Stands
Local authorities may by ordinance license and regulate the location of stands on streets and highways for use by taxicabs and other public carriers for hirc in their respective jurisdictions. No such ordinance shall be effective as to any state highway until approved in writing by the Department of Transportation. Where niaintenance of any state highway is delegated by such department to a city, such approval is not required.
5 21113. Public Grounds
(a) No person shall drive any vehicle or animal, nor shall any person stop, park, or leave vehicle or animal. whether attended or unattendeJ, upon the driveways, paths, parking f3c grounds of any public school. state university. srate college. unit ol' the state park system, county park, municipal airport, rapid transit district, or any property under the direct control of the lcgislative bod)' of a municipality, or any state, county, or hospital district institution or building, or any educational institution exempted in whole or in part from taxation, except with the permission of, and upon and
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112 [4 Veh codel
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4 22507 VEHICLE CODE
5 22,207. Locnl Refiulatlon
Local authoritin may by ordinance or resolution prohihit or restrict the parking or standing of vehicles on certain strcets or highways, or portions thcrcof. during all or ccrl;iin hours of the day. Such ordiiiancc or resolution nisy inchide a designation of certain strccts upon which preferential parking privilegcs shall be given to residenis and merchants adjacent to such strccls undcr which such residents and merchants may be issued a Ixrmit which exempts tlicm I'roin the prohibitiori or restriction of such ordinance or resolution. With the exception of alleys. no such ordinance or resolution shall apply until signs or markings giving adcquate notice thcrcof have been placed.
Notwithstanding the provisions of Section 22507, local authorities may, by ordinance or resolution. prohibit or restrict the parking or standing of vchicls on certain streets or highways, or portions thereof, between the hours of 2 a.m. and 6 a.m., and my, by ordin;incc or resolution, prohibit or restrict the parking or standing. on any street, or portion thereof, in a rcsidcntial district, of commercial vehicles having a manufacturcr's gross veliicle wcight rating of 10,oOO pounds or more. Such ordinance or resolution rela!ing to parking bctwcen the hours of 2 a.m. and 6 a.m. may provide for a system of perriiits for the purpose of exempting from the prohibition or restriction of such ordinance or resolution handicapped persons and residents of high-density. multiple-family dwelling areas or similar areas lacking adequate offstrcet parking facilities. No such ordinance or resolution relating to the parking or standing of comnierciil.vehiclcs in a residential district shall, howcver. be effective with rcspcct to any commercial vehic!e making pickups or deliveries of goods, wares, and nlerchandise from or to any building or structure located on the restricted streets or highways or for the purpose cf dclivering materials to be used in the actual and bona fide repair, alteration. remodeling, or construction of any building or structure upon the restricted streets or highways for which a building permit has previously been obtained.
Q 22507.8, Parking in Sprees Designr.ted for Disabled Persons Prohibited
(a) It is unlawful for any person to park or leave standing any vehicle in a stall'or space designated for physically handicapped persons, if, immediately adjacent to and visible from such stall or space, there is posted a sign consisting of a proiiie vicw of a wheelchair with occupant in white on a blue background, unless the vehicle displays either one of the distingiiishing license plates or a placard issued pursuant to Section 22511.5 or to disabled veterans, as specified in Section 9105.
(b) The provisions of subdivision (a) shall apply to all offstrect parking facilities owned or operated by the state, and to all offstreet parking facilities owned or operated by a local authority if so designated by the local authority by ordinance or resolution. The provisions of subdivision (a) shall also apply to any privately owned and nizintained ofstreet parking facility as provided in Section 21 107.8.
5 22508. Parking Meter Zones
Local authorities shall not establish parking meter zones or fix the rate of fees for such zones except by ordinance. An ordinance establishing a parking meter zone shall describe the area which would be included within the zone.
Local authorities may by ordinafice case streets and highways to be marked with white lines designating parking spaces and require vehicles to park within the parking spaces.
No ordinance adopted by any local authority pursuant to this section with respect to any state highway shall become efiective until the proposed Ordinance has Sern submitted to and approved in writing by the Department of Transportation. The proposed- ordinance shall be submitted to the department only by action of the iocal legislative body and the propased ordinance shall be submitted in complete draft form.
Any ordinance adopted pursuant to this section establishing a parking meter zone or fixing rates of fees for such a zolie shall be sui)ject to local referendum processes in the same manner as if such ordinance dealt with a matter of purely local concern.
5 22510. Parking in Snow Are.-
Where any highway has been cleared of snow by snowplows, and the width of the highway is rcstrieted by rraFon of snow conditions, the Department of Transportation, in respect to state highways, arid local authoritic5. in respect to highways under thcir jurisdiction. may place and maintain signs indicating those arcas within which parking is prohibitcd on either or both sides of the highways. No person shall stop, park, or leave standing any vehicle within the areas marked by signs, whether attendcd or unattended. except when ntTessary to avoid conflict with other trallic or in compliance with the directions of a traffic or peace officer.
8 22511. Certain Veteran's Exemption
Notwithstanding any other provision of this code, any veteran, who is entitled to either of the exemptions provided in Section ?IC5 of this cc;de and Section 10783 of the Rcvenue and Taxation Code. shali be allow:C IO park in restricted zones and shall be allowed to park in any mctercd parking space without bcing required to pay any parking meter fecs. This seclion shall not be construed. houevcr, to
allow the stopping. parking. or standing of a vehicle at the hies and places that stopping. parking, or standing of all vehicles is prohibited absolutely by state I;lw or local ordindance.
22507.5. Local Regulation: Overnight Parking; Commercial Vehicles
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128 14 voh cod.]
VEHICLE CODE
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I' 5 22511.8
.- ( I) 22511.5. "Disabled person"
(a) A disabled person is:
(1) Any person who has lost, or has lost the use of, one or more lower extremities or both hands, or who has significant liniitation in the use of lower extremities, or who has a diagnosed disease or disorder which substantially impairs or interferes with mobility, or who is so severely disabled as to be unable to move without the aid of an assistant device.
(2) Any person who is blind to such an extent that the person's central visual acuity does not exceed 20/ 200 in the better eye, with corrective lenses, as measured by the Snellen test, or visual acuity that is greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees.
(3) Any person who suffers from lung disease to such an extent that his forced (respiratory) expiratory volume one second when measured by spirometry is less than one liter or his arterial oxygen tension code is less than 60mm/Hg on room air at rest.
(4) Any person who is impaired by cardiovascular -disease to the extent that his functional limitations are classified in severity as class 111 or class IV according to standards accepted by the Amencan Heart Association.
(b) Disabled persons shall be allowed to park for unlimited periods in parking zones restricted as to the length of time parking is permitted and shall be allowed to park in any metered parking space without being required to pay any parking meter fees. This section shall have no application to those zones in
'' which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special
types of vehicles.
(c) As a condition to this privilege, the vehicle shall display a distinguishing license plate which shall be issued for a vehicle registered to the disabled person, or a vehicle which is not registered to the disabled
1 person, but which is used primarily to transport a disabled person and which would otherwise qualify for a distinguishittg license plate if the vehicle were registered to the- disabled person. The distinguishing license plate shall be issued without additional fees by the Department of Motor Vehicles pursuant to procedures adopted by the department.
(d) Any disabled person, or vehicle owner as provided in subdivision (c) of this section, may also apply
to the Department of Motor Vehicles for issuance of a distinguishing placard for prrrking purposes when displayed on the driver's side dashboard of a vehicle. The placard shall be at least six inches by twelve inches in size and blue in color.
The Department of Motor Vehicles may establish procedures for the issuance of such placards. The Department of Motor Vehicles may charge a fee sufficient to pay the actual cost to the department for issuance of placards.
(e) Prior to issuing a disabled person plate or placard, the Department of Motor Vehicles may require a certificate, signed by a licensed physician or surgeon. The blindness of any person applying shall be certified by a licensed physician or surgeon who specializes in diseases of the eye.
(f) A person who is temporarily disabled for a period of less than one year, may apply for a placard as
Former 0 22511.5, similar to the present section, was repealed by.stats 1978 ch 457 0 1.
Q 22511.7. Designation of Parking for Disabled Persons and Veterans
Local authorities may by ordinance or resolution designate parking spaces for the exclusive use of vehicles which display a distinguishing license plate or a placard issued pursuant to Sectioh 22511.5 or to disabled veterans, as specified in Section 9105. Whenever a local authority so designates a parking space, it shall be indicated by blue paint on the curb or edge of the paved portion of the street adjacent to the space. In addition to blue paint, the space may also be indicated by signs or other suitable means.
The provisions of this section shall not be construed to restrict the privilege granted to disabled veterans by Scction 22511 and to disabled persons by Section 2251 1.5.
Q 22511.8. [Designation of stalls or spaces in off-street parking facilities for exclusive use by handicrp-
Any local authority, by ordinance or resolution, and any person in lawful possession of an off-street parking facility may designate stalls or spaces in an off-street parking facility owned or operated by the local authority or person for the exclusive iise of vehiclcs which display a distinguishine,liccnse plate or placard issued pursuant to Section 2251 1.5 or to disabled veterans, as spccified in Section 9105. Such designation shall bc made by posting inimediatcly adjacent to, and visiblc from. each stall or space. a sign
consistjng of a profile view of a wheelchair with occupant in white on a blue background.
The owner or person in lawful possession of an om-street parking Facility, after notifying the police or sheriffs department. as the case niay be, and any local authority owning or operating an of-street parking fxility. may cause the renioval, from a stall or space designated for physically hmdicapped persons in such facility to the nearest public garage. of any vehicle not disphying one of the distinguishing placards or license plats spcvificd in this section if thcre is wsted inin~edinkly adjacent
to, and visiblc from. such stall or slyace. or, if there is posted. in a conspicuous place at each entrance to the orstreet parking facility, not less than 17 by 22 inches in size with lettering not less 11inri one inch in
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prescribed in subdivision (d) of this section. ,.
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NOTICE OF PUBLIC HEARING
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Handicapped Parking
NOTICE IS HEREBY GIVEN that the Carlsbad City Council will hold a public hearing on Tuesday, June 17, 1980 at 6:OO P.M. in the City Council Chambers, 1200 Elm Avenue, to consider adoption of a resolution requiring handicapped parking spaces to be installed at the expense of property owners.
State law provides that the City Council designate the number of handicapped parking spaces required. it is proposed that one handicapped space be provided for each 50 spaces in a lot. would be appropriate, you are urged to present arguments to support your position at the public hearing.
invited to attend the public hearing. please call Bill Baldwin, Assistant City Manager, 438-5561
As a general rule,
If you feel that a lesser number of spaces
Those persons wishing to speak to this matter are cordially If you have any questions,
PUBLISH : June 7, 1980
CARLSBAD CITY COUNCIL
1200 ELM AVENUE CARLSBAD. CALIFORNIA 92008
dltp of darrs’ibab
August 19, 1980
Subject: Provision For Parking For Handicapped Persons
The matter of handicapped parking will be scheduled for the City Council consideration at their meeting of August 26, 1980.
TELEPHONE:
(71 4) 438-5621
If the resolution is adopted as proposed, it would allow the police department to enforce parking restrictions in handicapped
spaces if properly marked and signed in accordance with the provisions of the resolution. The resolution will not require
existing developments to provide handicapped parking spaces, but will enable police enforcment of handicapped parking restrictions for those who desire the enforcement.
If you have any questions concerning the matter, please call Bill Baldwin at 438-5561.
Sincerely,
WILLIAM C. BALDWIN, Assistant City Manager
Operations
WCB:ALR:adm
LOCATION LIST - HANDICAPPED PARKING
Shopping Centers
Plaza Camino Real, Administrative Offices 2525 El Camino Real, Suite 202
Carlsbad Plaza North/South c/o Hughes Investments, Attn: William H. Hughes 2 Corporate Plaza, Suite 250 Newport Beach, CA
West Bluff Plaza c/o Mola Development Corporation, Attn: Peter A. Mola, President El Camino Real & Alga Road
Hadley's Fruit Orchards, Inc. 6115 Paseo Del Norte
Poinsettia Plaza c/o Big Bear Markets
955 Elm Avenue
Carl County, Car Country Association c/o Feist, Vetter, Knauf & Loy (Attorneys for the Association) 810 Mission Avenue, Suite 300 Oceanside, CA
Colonial Mall c/o Robert L. Watson 1207 Elm Avenue
Safeway Stores, Inc. /I1436 Box 399 Terminal Annex Thomas F, Hinds, Inc., Owner
Los Angeles, CA 90051 and Beverly Hills, CA 92012
985 Tamarack Avenue
Safeway Stores, Inc. 1'1436
9720 Wilshire Blvd., Suite 204
Res taurant s
Old World Shopping Center c/o Dr. Howard F. Murphy 640 E. Grand and Donald A. Agatep, Agent 2921 Roosevelt
Wayside Inn 3050 Pi0 Pic0 Drive
Esponda's Basque Restaurant 2820 Roosevelt
Fidel's Norte
3001 Carlsbad Boulevard
Richard Goldberg (Henry's)
G&G Restaurant
264 Elm Avenue
and 1632 Curry Comb Drive
San Diego, CA 92069
Edward Ken tner Twin Inns
2978 Carlsbad Boulevard
Daisy's Restaurant 11129 5075 Federal Boulevard San Diego, CA 92102 and 850 Tamarack Street Car lsbad
Denny ' s , Inc . 14256 E. Firestone Blvd. La Mirada, CA 90637 Attn: W. Engle and 1048 Elm Avenue
Public Buildings
City Hall
Harding Street Community Center
Magee House
Library Fire Station 1 Post Office, 2772 Roosevelt
Other
Carlsbad School District 801 Pine Avenue
Burroughs Corporation 5600 Avenida Encinas
Hughes Aircraft Co. , Industrial Products Division
6155 El Camino Real
Anthony Pools 6225 El Camino Real
Robert Wilson Wilson's of Carlsbad, Inc. Box 1215 Car lsbad
La Jolla Federal Savings & Loan 800 Grand Avenue
Robco Investments (State Street Complex) 2541 State Street
Chamber of Commerce P. 0. Box 1605
Jefferson Trust BuiLding I
c/o William Bettles 2725 Jefferson Street
Housing & Redevelopment Advisory Committee
Eva Carney, 3380 #14A
Jesus Mariz Beltram, 350 Chestnut 84
Roy Sanchez, 3482 Roosevelt
Matthew Hall, 2631 Galicia Way
Kennith C. Chriss, 3149 Jefferson
C. R. Helton, 2760 Arland Road
Roy J. Ward, 1207 Elm Avenue, Suite "D"
Frankie Gene Runzo, 355 Elm Avenue
Thelma I. Hayes, 580 Laguna
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