HomeMy WebLinkAbout1990-03-13; City Council; 10524; APPEAL OF A TRAFFIC SAFETY COMMISSION RECOMMENDATION TO NOT ESTABLIISH A PARKING RESTRICTION ON PARK DRIVEI .
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CITWF CARLSBAD - AGEND(lB'LL f7p fi
10 52 DEPT.
C,TY,
AB#d TITLE:
MTG. APPEAL OF A TRAFFIC SAFETY COMMISSION
RECOMMENDATION TO NOT ESTABLISH A PARKING
03/13/90
DEPT. ENG RESTRICTION ON PARK DRIVE CITY 1
RECOMMENDED ACTION:
The Traffic Safety Commission recommends against establishing a NO
ANYTIME zone on the lagoon side of Park Drive between Marina Drive
Drive.
ITEIM EXPLANATION:
On February 5,1990 the Traffic Safety Commission considered the request (
Bacon to establish a parking restriction on Park Drive, specifically the est;
of a NO PARKING ANYTIME zone. Ms. Bacon is concerned about a large co
commercial tractor and trailer that parks on Park Drive in the vicinity of tl
Drive intersection. It is her contention that this vehicle is unsightly and ai
intrusion into the neighborhood.
Section 10.40.010(a) of the Carlsbad Municipal Code (CMC) restricts tl
duration of a vehicle on a public street to a maximum duration of 72 CI
hours. However, it is stipulated in Section 10.40.075 of the CMC that no pf
park a heavy duty commercial vehicle more than three hours on a strc
residential district. Although the portion of Park Drive in the vicinity of Net
can be considered to be within a residential area it does not qualify as a
district per the provisions of the California Vehicle Code. Consequently, the
time limit on Park Drive near where Ms. Bacon lives is not applicable and t
vehicle is permitted to park for a maximum of 72 consecutive hours.
At the Commission meeting Ms. Bacon showed photographs of problem
believes are occurring due to all types of vehicles parking along Park Drivt
people spoke in favor of or against a parking restriction, including Lori Siss
of the subject vehicle. Ms. Sisson indicated that she lives in the same con
complex as Ms. Bacon and only parks the truck for the three to five days e;
that she is home. She stated that she understands the concern of Ms. Bacc
no other location near her home to park the vehicle.
The Traffic Safety Commission listened to both sides of the matter and COI
their deliberations on the issue of traffic safety and the current City (
regarding parking restrictions. Sufficient dirt area exists within the public ri:
traffic lane. The Commission did not believe that the subject vehicle cor
safety concern that warranted establishing a parking restriction. In addi
projects being constructed and/or approved westerly of Neblina Drive, the Cc
stated that on-street parking would be necessary for users of the lagoon an(
residents in the hture dwellings to be constructed. New housing constn
widen Park Drive to a width that will allow on-street parallel parking.
on the lagoon side of Park Drive such that the parked truck does not encroac
, Q 0
PAGE TWO OF AB# /E f 5 "2- '!
The Traffic Safety Commission, by a 4-0 vote, recommended against estab
parking restriction on the lagoon side of Park Drive between Marina Drive i
Drive at this the.
FISCAL IMPACT:
NONE.
EXHIBITS:
1. Location Map.
2.
3.
4.
Appeal Form from Ms. Bacon.
Letter dated January 11, 1990 from Ms. Bacon.
Minutes of February 5, 1990 Traffic Safety Commission meeting.
PROJECT NAME:
PARK DRIVE - REQUESTED NO PARKING ZONE
( From Marina Drive to Kelly Drive )
EXHl
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+ 1200 ELM AVENUE TELEPI CARLSBAD, CALIFORNIA 92008 (619) 431
Office of the City Clerk
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COMMISSIONERS 4
February 5, 1990 TRAFFIC SAFETY COMMISSION Page 3
NEW BUSINESS: (Continued)
ed to be considered; for example, are
nd dental offices where people may ar
ation. Those people should be able t
e to the particular service they are
safe walking distance
like to see that give
be given the numb doesn't want any to be
missed because of a he said she thought
Laguna Drive was the
and now she sees it f the list. She asked
staff to go through tings as to how that
street was rated.
in the priority ratings,
close to the new r hose people will not
want the street an se to their houses or
garages and drivew
Mr. Johnson sa ere are a number o
t is a difficult pro
will be a lot of judgm
It where, and it will n
der. He said that some
Herring
ry Report in concept and instructed staff t Fuller
nsideration the comments by the Commissione Melideo
and provide a revision of the report. Stachoviak
the lagoon side.
Bob Johnson gave the staff presentation as included in the
packet, using a transparency to show the street and slides
of the area to show the dirt area and public right-of-way
toward the lagoon and the view from above the street.
Mr. Johnson stated that several sections of the Municipal
Code are a very important factor in this matter; as a
portion of Park Drive qualifies as a residential district
with a 25 mile per hour speed limit. The remaining subject
portion of Park Drive has a prima facie speed limit of 35
miles per hour and is posted.
Curb, gutter and sidewalk improvements have been constructed
along the northerly portion of Park Drive. The lagoon side
of the roadway has not been improved, however, and a wide
dirt area is available in most locations for off-street
parking.
m MINUTES.
February 5, 1990 TRAFFIC SAFETY COMMISSION Page 4
NEW BUSINESS: (Continued]
Section 10.40.075 of the Carlsbad Municipal Code restricts heavy-duty
commercial vehicles from parking for more than three hours in any
residential district. If an area does not qualify as a residential district per
the California Vehicle Code, then CMC Section 10.40.010 (a) restricts the
vehicle to a maximum parking duration of 72 hours.
Mr. Johnson stated that a portion of Park Drive does not qualify as a residential district and the Police Department cannot monitor a truck for
three-hour violations. He added that staff gets requests constantly from
citizens wanting restrictions for different types of vehicles, and those
requests are referred back to the homeowners associations, if there is one.
Without CC&R's, it is very difficult to get compliance.
Mr. Johnson said this truck does not constitute a danger or hazard to the
motoring public. He said the Traffk Safety Coordinating Committee discussed this matter at length, but felt this was not a traffic safety matter
and that no restrictions were necessary.
Chairman Herring opened the public testimony period at 3:56 p.m.
Marlene Bacon, 4809 Vigilant Way, the citizen making the request,
addressed the Commission, showing a picture board to the Commissioners.
She asked the Traffic Safety Commission to clean up Park Drive to restore
the natural beauty of the lagoon and remove the truck blight by
establishing a working ordinance. She said she did not want a "NO
PARKING" sign, but wanted an ordinance that works and would prevent
this on Park Drive--whatever it takes. People park there and walk to the lagoon, so "NO PARKING" would not be the solution. There is only one
Park Drive and one lagoon and the City needs to protect and preserve this.
People change the oil in their cars in that area and a church van has
parked there since 1986. Ms. Bacon showed the size of the 18-wheeler
truck and said she wanted the truck removed.
Chuck Daugherty, 4860 Park Drive, stated he lives in the single-family
development where there is curb-side parking on the north side of the
lagoon where their houses are and dirt on the other side of the road.
There are 15 houses along there, and most of them utilize that dirt area to
park cars--especially when they have visitors. He felt it would be a
disservice to the people along Park Drive to have that declared "NO
PARKING" for their vehicles. He said the church van does move and on
weekends there are a number of cars parked by the tennis courts.
Mr. Daugherty said the lagoon is beautiful and he is more concerned
about the four-wheelers and dirt bikers than the parking.
Paul Revelle, 4821 Flying Cloud Way, stated he realized the Commission
was concerned with safety issues first and environmental matters second,
but he said he did feel there is a safety concern with the parking of a rig
the size of this commercial vehicle. He said that there are joggers in the
morning on Park Drive, and they have to either go out into the street at
that point or on the other side of the truck out of sight of the traffic.
I_
NEW BUSINESS: (Continued)
Mr. Revelle stated there are no bike lanes on Park Drive
from Kelly through the Bristol Cove area, and ride in the
street. He felt that riding past the van was dangerous and
could cause an accident.
Mr. Revelle mentioned the approved projects that are to be
built in that area, and with that additional traffic on Park
Drive, he felt there was a problem with vehicles of this
size parking there. He said he was not urging a "NO
PARKING" area, but restrictions of some type to prevent
vehicles of this size parking there for long and sustained
times. He said that aesthetics could be considered, as they
are not precluded by law.
Lori Sisson, 4849 Flying Cloud Way, stated she drove the
notorious truck and comes home three to five days a month.
She said she was home for a longer time in December, but
that was not the usual schedule. Ms. Sisson said she had
tried to explain to Ms. Bacon that she lived there, also,
and makes house payments on a home that she only sees three
to five days a month. She said if anyone could find another
place for her to park her truck, she would be happy to do
that. Ms. Sisson stated that she usually parks well off of
the pavement, and Ms. Bacon can see the lagoon over her
truck.
Ms. Sisson stated that she was aware of the impending
development in that area and that she would not be able to
park there much longer. She expressed concern over the fact
that there is no place in Carlsbad for trucks to park.
Donald Wilber, 4777 Flying Cloud Way, representing the
Laguna Del Mar Homeowners Association, stated they were
neutral in this matter, but he felt this large a vehicle
does not belong in that area. The roadway is narrow in that
area and there are no lights on Park. Mr. Wilber said there
are bus stops on both sides of the street and the bus stops
on the street, which creates a safety hazard. He said that
as construction in the area gets heavier, the safety factor
will become worse. He mentioned that there are school
children walking in that area, and the density is coming for
that area. Even though it may not qualify as a residential
district legally, it is a residential area and will be a
district very soon.
Mr. Wilber felt the parking of the 18 wheeler in that area
creates a traffic safety problem for the lagoon, and he
recommended limiting parking along that area.
Commissioner Fuller asked Mr. Wilber to be specific about
the limiting of parking, and he replied that is a bottleneck
there and would want whatever was necessary to restrict
parking below Neblina, if that would remove the safety
problem.
Since no one else wished to speak on this matter, Chairman
Herring closed the public testimony portion at 4:26 p.m.
Commission discussion centered on the fact that the
developments that are forthcoming there are counting on
street parking for visitors.
COMMISSIONERS <
February 5, 1990 TRAFFIC SAFETY COMMISSION Page 6
NEW BUSINESS: (Continued)
Bob Johnson said that the new developments will be required
to provide parking as required by the zoning, but that if
there are several parties going on at the same time, they
will need on-street parking.
Commissioner Fuller commented about the people using the
lagoon who park in that area, and they will need that on-
street parking when the developments are in place. He said
that he did not want to take an action here that would
contradict what the Planning Commission was assuming with
regard to on-street parking for lagoon users, etc. He
further said that the people should recognize that what is
there now will change radically over the next few years.
Mr. Fuller said this is a short-term problem, and in the
long run it will not exist. He said that Ms. Sisson's use
of the area for her truck is insignificant.
The Traffic Safety Commission approved the Traffic Safety
Coordinating Committee recommendation that the request for a
"NO PARKING" zone on Park Drive be denied. In addition,
there is no recommendation to change CMC Section 10.40.075
to modify the California Vehicle Code residence district
criteria to one of subjective interpretation of a residence
area.
C. National Child Passenaer Safety Awareness Week -
Information item.
Bob Johnson referred to the material in the packet regarding
National Child Passenger Safety Awareness Week, which is
February 11 - 17, 1990. He said that a Proclamation will be
read at Council Meeting tomorrow night, and the information
included in the packet was sent to the elementary schools ir
the City and the day care centers. Mr. Johnson said it was
hoped that this material would be reproduced and distributed
to the children to take home.
REPORT FROM TRAFFIC SAFETY COMMISSIONERS:
Commissioner Melideo reported that the potholes are still at
the corner of Tamarack and Jefferson. Mr. Johnson said he
would see that a work order is issued for that.
REPORT FROM TRAFFIC ENGINEER:
Bob Johnson announced the March Meeting would be March 5,
1990.
ADJOURNMENT:
By proper motion, the Meeting of February 5, 1990, was
adjourned at 4:40 p.m.
Respectfully submitted, ,-- ,* - ,I /" ~ fl--. /j&t //#4L
Harriett Babbitt
Minutes Clerk
COMM,SS,ONERS
Herring
Fuller
Melideo
Stachoviak
T 10) i /
TELEPHf
(61 9) 434-: 1200 ELM AVENUE FEB 1s 1990 CARLSBAD, CALIFORNIA 92008
Office of the C~ty Clerk aitg of aarlstr
DATE : February 14, 1990 s 9. ".? -qq - 4 $-a 0 4YJ 1 r 2 .3"&7 ,*n I
I I(P 2
Bob Johnson, Traffic Engineer .* ... ** j=WOUrz~ -s
e 3 m- ---pi :. 7?+?em- Karen Kundtz, Deputy City Clerk
RE : Decision of Traffic Safety Commission on 2/6/90
Re Parking of Commercial Trucks on Park Drive
THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL.
According to the Municipal Code, appeals must be heard by the City Council
within 30 days of the date that the appeal was filed. (REMINDER: The item
will not be noticed in the newspaper until the agenda bill is signed off by
- all parties.) If this matter oes not need Po be a public hearing, please
14 let me know that also. A0 +;5'.-"cp ]+ZR-*/irh; I$ P 5 <: .
Please process this item in accordance with the procedures contained in the
Agenda Bill Preparation Manual. If you have any questions, please call.
7 1 Lu,LG C-Vei'i-e?kLT
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___________--______---------------------------------------------------------
The appeal of the above matter should be scheduled for the City Council
Meeting of ~~~~, 13, Iq . vo 3
21 I, G-1 q 0
Date ' I.