The URL can be used to link to this page

Home My WebLink About2002-10-15; City Council; 16935; Commercial Vehicle Parking OrdinanceCITY OF CARLSBAD - AGENDA BILL iI I I rB# 16,935 TITLE: AMEND SECTION 10.40.075 OF THE CARLSBAD MUNICIPAL CODE REGARDING ITG. 10-15-02 COMMERCIAL VEHICLE PARKING IN I DEPT. HD. I CITY ATTY. RESIDENTIAL DISTRICTS AND NON-RESIDENTIAL AREAS IEPT. ENG I CITY MGR.% RECOMMENDED ACTION: Introduce Ordinance No. NS-650 regarding commercial vehicle parking in residential districts and non-residential areas. ITEM EXPLANATION: Frequent complaints from residents are received by the Carlsbad Police Department when commercial vehicles park in a residential district. Upon investigation, officers have found that some non-commercial vehicles fall within the current commercial vehicle ordinance for Carlsbad. The police officer cannot take enforcement action in this circumstance since the current City ordinance uses parameters of vehicle size only and the ordinance does not specifically exclude non-commercial vehicles. Additionally, there is no reference to vehicle weight limits in the current ordinance, further limiting enforcement ability. Althou h some vehicles may exceed the size measurement specified in the Carlsbad Municipal Code YCMC), based upon the vehicle weight it would not be considered a commercial vehicle. The current definition of a heavy duty commercial vehicle contained in the Carlsbad Municipal Code could, inadvertently, include some vehicles that are not necessarily commercial vehicles. Subsequently, a vehicle that does not meet the definition of a commercial vehicle as defined by the California Vehicle Code may still be in violation of the Carlsbad Municipal Code. The Police Department also encounters problems when large vehicles legally park in outlying areas of the City that are adjacent to a residential district. There is no current legal remedy to prohibit the parking of such vehicles since these outlying areas are not addressed by an ordinance regarding parking and no enforcement action can take place. Carlsbad Municipal Code section 10.40.075, with respect to commercial vehicles in a residential district, currently has an ambiguous definition for determining what a "heavy duty commercial vehicle" is. The Police Department has found that the current definition could be interpreted to include vehicles that are not necessarily commercial vehicles because this section does not differentiate a "heavy duty commercial vehicle" from any other larger vehicle. For example, a two- axle, Chevrolet extended cab pickup truck with dual rear wheels that is used for non-commercial purposes is restricted from parking in front of the owner's house. The reason is that this vehicle is wider and longer than permitted by the currently defined size limits. The three-hour parking time limit specified in section 10.40.075 of the Carlsbad Municipal Code also needs clarification. This section allows a period of three hours to lapse before loading or unloading of the vehicle takes place and it provides an exception. The text before the exception authorizes large vehicles to park for three hours. However, only in the exception is the time extended for the actual loading or unloading to take place. At their meeting of April 1, 2002, the Traffic Safety Commission reviewed potential revisions to CMC section 10.40.075 that would clearly reflect that only defined commercial vehicles are to be held to the intent of the Carlsbad Municipal Code. By a 3-0 vote, the Commission recommended revisions that would provide that: 0 large vehicles would be restricted from residential areas unless making a delivery or a 0 removal of the three-hour time limit would not hinder a motor carrier from performing pick-up. functions such as deliveries or pick-ups. areas in Carlsbad are clearly defined as to where a commercial vehicle is restricted from parking to those residential areas defined in the Carlsbad Municipal Code beginning with section 21.08 with respect to zoning. Page 2 of Agenda Bill No. 16,935 The revisions recommended by the Traffic Safety Commission would include advantages such as: 0 the definition of a commercial vehicle used in the City ordinance would be the same as California Vehicle Code section 260. 0 the burden on an officer to mark tires to monitor the parking time limit and return three hours later to issue a citation would be removed. 0 broadening the area of enforcement to include the same areas of the City specified in the zoning ordinance will allow more latitude for enforcement of the ordinance and may reduce citizen frustration and complaints. Revisions contemplated by changes in the ordinance are not applicable to recreational vehicles (RV's) that park in residential districts. With respect to the regulation of vehicles, a city council may only enact ordinances on a traffic or vehicle matter where the California Vehicle Code allows such regulation. There is no provision in the code to allow local authorities to exempt certain types of commercial vehicles, such as tow trucks, from the provisions of the proposed commercial vehicle ordinance. The Vehicle Code specifically states in section 21 that "....no local authority shall enact or enforce any ordinance on the matters covered by this code unless expressly authorized herein." Based upon the Traffic Safety Commission recommendation, the existing CMC section 10.40.075 would be repealed and replaced in its entirety. FISCAL IMPACT: Minor administrative costs to revise the Carlsbad Municipal Code. EXHIBITS: 1. Existing Carlsbad Municipal Code section 10.40.075-Commercial vehicles in residential district. 2. Ordinance No. NS-650 regarding commercial vehicle parking in residential districts and non-residential areas. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS - 650 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.40, OF THE CARLSBAD MUNICIPAL CODE REGARDING COMMERCIAL VEHICLE PARKING IN RESIDENTIAL DISTRICTS AND NON-RESIDENTIAL AREAS. The City Council of the City of Carlsbad, California, hereby ordains as follows: SECTION 1 : That Title 10, Chapter 10.40 of the Carlsbad Municipal Code is amended by he repeal and re-enactment of Section 10.40.075 to read as follows: "1 0.40.075 Commercial vehicles in residential district. (a) No person shall stop, park, or leave standing, any commercial vehicle having a manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or more on a street in any residential district whether attended or unattended except: (1) While making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located within any residential district; or (2) While delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building within 200 feet of the parked vehicle when a permit has previously been obtained; or (3) When such vehicle is parked in connection with, and in aid of, the performance of a service to or on a property on the block in which such vehicle is parked so long as the commercial vehicles presence is required to provide the service; or (4) Buses when loading or unloading passengers at established zones. (b) For the purpose of this section: A "commercial vehicle" is a motor vehicle of a type required to be registered under the California Vehicle Code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. Passenger vehicles which are not used for the transportation of persons for hire, compensation, or profit and housecars are not commercial vehicles. This subdivision shall not apply to California Vehicle Code Chapter 4 (commencing with Section 6700) of Division 3. Any vanpool vehicle is not a commercial vehicle. The term "Residential District" shall be defined as any property or portion thereof zoned R-A (Residential Agricultural Zone), R-E (Rural Residential Estate Zone), R-1 (One-Family Residential Zone), R-2 (Two-Family Residential Zone), R-3 (Multiple-Family Residential Zone), R-T (Residential Tourist Zone), R-W (Residential Waterway Zone), P-C (Planned Community Zone), or RD-M (Residential Density Multiple Zone) as defined in Title 21 of this code." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen (1 5) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of said City Council held on the 15 thday of W'JJBER , 2002, and thereafter, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the day of , 2002 by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST LORRAINE M. WOOD, City Clerk APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney Page 2 of 2 of Ordinance No. NS-650 (SEAL)