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HomeMy WebLinkAbout2005-05-17; City Council; 18127; Night Parking Time Restriction Carlsbad Boulevard10 B# 18,127 TITLE: DESIGN ATE PARK1 NG TIM E RESTR l CTl ON ITG. 5/17/05 CARLSBAD BOULEVARD EPT. ENG AT NIGHT ON PORTIONS OF RTyF &7 DEPT. HD. RECOMMENDED ACTION: ROAD SEGMENT West side of southbound Carlsbad Boulevard from Avenida Encinas to south city limits 35 feet south of Cerezo Drive to 345 feet south of Manzano Drive (west side) 140 feet north of Cerezo Drive to 35 feet south of Cerezo Drive (west side) Shore Drive (south) to 140 feet north of Cerezo Drive (west side) Chew Avenue to 160 feet north of Introduce Ordinance No. NS-756 amending the Carlsbad Municipal Code to designate No Parking from 11 :00 p.m. to 5:OO a.m. on a portion of Carlsbad Boulevard and to amend the existing time designations that restrict parking at night at various other locations on Carlsbad Boulevard. PROPOSED SEVEN DAYS A WEEK 11 :00 p.m. to 5:OO a.m. 11 :00 p.m. to 5:OO a.m. 11:OO p.m. to 5:OO a.m. 11 :00 p.m. to 5:OO a.m. EXISTING PARKING RESTRICTION, PARKING RESTRICTLON None 12:OO midnight to 5:OO a.m. 12:OO midnight to 5:OO a.m. 12:OO midnight to 5:OO a.m. ITEM EXPLANATION: Redwood Avenue (west side) Problems with individuals that park automobiles and/or recreational vehicles on-street at night on the west side of Carlsbad Boulevard south of Avenida Encinas have been reported by the Carlsbad Police Department. The Rangers from the State of California Parks and Recreation Department have also reported similar problems. Individuals sleep in these vehicles all night or they are on the beach late at night leading to complaints of loud parties or vandalism. These and other issues that occur at night can be remedied by establishing a No Parking zone on Carlsbad Boulevard from 1 1 :00 p.m. to 5:OO a.m. seven days a week at locations where parking is allowed. 2:OO a.m. to 6:OO a.m. 2:OO a.m. to 5:OO a.m. Other locations on Carlsbad Boulevard have parking restrictions that begin or end at different hours of the night. This leads to confusion on the part of the public and presents additional difficulties to the Police Department when enforcing parking restrictions at night. Currently, there are four different sets of times that prohibit parking at night. A more uniform time restriction for parking at night will assist enforcement and will more closely align with the State Parks and Recreation Department beach closure time at night. Grand Avenue to Carlsbad Village Drive East side of Carlsbad Boulevard from Christiansen Way to Beech Avenue This issue was reviewed by the Traffic Safety Commission at their meeting of May 2, 2005. Locations where parking time limits are recommended to be added or modified are indicated on Exhibit 1. By a 4-0 vote, the Commission recommended that the parking restrictions at night on Carlsbad Boulevard be revised and established as follows: 3:OO a.m. to 5:OO a.m. 3:OO a.m. to 5:OO a.m. 2:OO a.m. to 5:OO a.m. 2:OO a.m. to 5:OO a.m. I Page 2 of Agenda Bill No. 18,127 ENVIRONMENTAL REVIEW: The installation/replacement of an official traffic control device is a project that is a Class 1 categorical exemption (minor alteration of existing structure or facility) and is, therefore, exempt from the environmental review process under the provisions of the California Environmental Quality Act (CEQA), Section 15301 (c). FISCAL IMPACT: Modifying and/or installing new No Parking signs with appropriate time restrictions will cost about $3,000 to manufacture and install. EXHl B ITS: 1. Location Map. 2. Ordinance No. NS-756 amending the Carlsbad Municipal Code to designate No Parking from 11 :00 p.m. to 500 a.m. on a portion of Carlsbad Boulevard and to amend the existing time designations that restrict parking at night at various other locations on Carlsbad Boulevard. 3. Redline/strikeout version of CMC 10.40.041. DEPARTMENT CONTACT: Robert T. Johnson, Jr., (760) 602-2752, biohn Bci.carlsbad.ca.us 2 NOT TO SCALE 3 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 Exhibit 2 ORDINANCE NO. NS-756 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.40 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 10.40.041 TO ESTABLISH NO PARKING FROM 11 :00 P.M. TO 5:OO A.M. ON A PORTION OF CARLSBAD BOULEVARD AND TO AMEND THE EXISTING TIME DESIGNATIONS THAT RESTRICT PARKING AT NIGHT AT VARIOUS OTHER LOCATIONS ON CARLSBAD BOULEVARD. 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 the addition of Section 10.40.041 (b)(6) to read as follows: “(6) On the westerly side of the southbound lane of Carlsbad Boulevard from a point 77 feet southerly of Avenida Encinas to a point 287 feet southerly of Avenida Encinas there will be no parking between eleven p.m. and five a.m.” SECTION 2: That Title 10, Chapter 10.40 of the Carlsbad Municipal Code is amended by the addition of Section 10.40.041 (b)(7) to read as follows: “(7) On the westerly side of the southbound lane of Carlsbad Boulevard from a point 613 feet southerly of Avenida Encinas to a point 1,432 southerly of Avenida Encinas there will be no parking between eleven p.m. and five a.m.” SECTION 3: That Title 10, Chapter 10.40 of the Carlsbad Municipal Code is amended by the addition of Section 10.40.041 (b)(8) to read as follows: “(8) On the westerly side of the southbound lane of Carlsbad Boulevard from a point 2,070 feet southerly of Avenida Encinas to a point 2,664 southerly of Avenida Encinas there will be no parking between eleven p.m. and five a.m.” SECTION 4: That Title 10, Chapter 10.40 of the Carlsbad Municipal Code is amended by the addition of Section 10.40.041 (b)(9) to read as follows: “(9) On the easterly side of the northbound lane of Carlsbad Boulevard from a point 100 feet north of Christiansen Way to Beech Avenue there will be no parking between two a.m. and five a.m.” SECTION 5: That Title 10, Chapter 10.40 of the Carlsbad Municipal Code is amended by the amendment of Section 10.40.041 (b)(4) to read as follows: “(4) On the west side of Carlsbad Boulevard between Shore Drive (south) and a point three hundred forty-five feet southerly of Manzano Drive there will be no parking between eleven p.m. and five a.m. 4 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 SECTION 6: That Title 10, Chapter 10.40 of the Carlsbad Municipal Code is amended by he amendment of Section 10.40.041 (b)(3) to read as follows: “(3) On the west side between Grand Avenue and Carlsbad Village Drive there will be no parking between two a.m. and five a.m.” SECTION 7: That Title 10, Chapter 10.40 of the Carlsbad Municipal Code is amended by .he amendment of Section 10.40.041 (b)(2) to read as follows: “(2) On the west side between a point one hundred sixty feet north of Redwood Avenue to Cherry Avenue there will be no parking between two a.m. and five a.m.” 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 17th dayof Mav ,2005, and thereafter, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the day of , 2005 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 (SEAL) RONALD R. BALL, City Attorney 5 EXHIBIT 3 10.40.041 The parking of vehicles is prohibited during all hours of the day and night at the following locations along Carlsbad Boulevard: The east side between the south city limits and a point two hundred fifty feet north of Pine Avenue; The east side between a point one hundred fifty feet south of Carlsbad Village Drive and a point three hundred ninety feet north of Cypress Avenue; The east side between a point five hundred thirty feet north of Cypress Avenue and the north city limits; The west side between the south city limits and a point one hundred sixty feet north of Redwood Avenue, except at those locations where parking is permitted between certain hours of the day as provided in subsection (b) of this section; Parking restricted on certain parts of Carlsbad Boulevard. (a) (1) (2) (3) (4) (5) (6) (7) (b) (1) The west side between Cherry Avenue and Carlsbad Village Drive; The west side between Cypress Avenue and Beech Avenue; The west side between Mountain View Drive and the north city limits. The parking of vehicles is prohibited between certain hours of the day at the following locations along Carlsbad Boulevard; On the west side between a point three hundred feet north of Tierra Del Oro Street and a point one thousand two hundred thirty feet south of Tamarack Avenue there will be no parking between eleven p.m. and five a.m.; On the west side between a point one hundred sixty feet north of Redwood Avenue to Cherry Avenue there will be no parking between two a.m. and six five a.m.; On the west side between Grand Avenue and Carlsbad Village Drive there will be no parking between thee two a.m. and five a.m.; On the west side of Carlsbad Boulevard between Shore Drive (south) and a point three hundred forty-five feet southerly of Manzano Drive there will be no parking between Weke iwhtgh4 eleven p.m. and five a.m. On the easterly side of the southbound lane of Carlsbad Boulevard from Palomar Airport Road to a point five hundred thirty-five feet southerly of Palomar Airport Road there will be no parking between eleven p.m. and five a.m. (6) On the westerly side of the southbound lane of Carlsbad Boulevard from a point 77 feet southerly of Avenida Encinas to a point 287 feet southerly of Avenida Encinas there will be no parking between eleven p.m. and five a.m. (7) On the westerly side of the southbound lane of Carlsbad Boulevard from a point 61 3 feet southerly of Avenida Encinas to a point 1,432 southerly of Avenida Encinas there will be no parking between eleven p.m. and five a.m. (8) On the westerly side of the southbound lane of Carfsbad Boulevard from a point 2,070 feet southerly of Avenida Encinas to a point 2,664 southerty of Avenida Encinas there will be no parking between eleven p.m. and five a.m. (9) On the easterly side of the northbound lane of Carlsbad Boulevard from a point 100 feet north of Christiansen Way to Beech Avenue there wilt be no parking between two a.m. and five a.m. (c) Unless otherwise prohibited or restricted, vehicles shall be parked off the paved roadway at the following locations along Carlsbad Boulevard: (1) The west side between a point nine hundred forty feet north of the south city limits and a point one thousand five hundred feet north of the south city limits; (2) The west side between a point three hundred fifty feet north of Descanso Boulevard and a point one thousand one hundred seventy feet north of Descanso Boulevard; (2) (3) (4) (5) 6 (3) The west side between a point three thousand one hundred twenty-five feet north of Descanso Boulevard and a point three thousand eight hundred sixty feet north of Descanso Boulevard; (4) The east side of the southbound lane between a point five hundred fifteen feet south of Palomar Airport Road and Palomar Airport Road; (5) The west side between a point one thousand two hundred fifty feet south of Cerezo Drive and a point thirty-five feet south of Cerezo Drive; (6) The west side between a point one hundred forty feet north of Cerezo Drive and Shore Drive (north). (d) The Carlsbad Police Department is authorized to remove any such illegally parked vehicles. (e) There will be two-hour parking between the hours of five a.m. to six p.m. on the west side of Carlsbad Boulevard between Carlsbad Village Drive and Grand Avenue. (f) There will be three-hour parking on the east side of Carlsbad Boulevard from a point one hundred feet north of Christiansen Way to Beech Avenue between the hours of seven a.m. and six p.m. except for Sundays and holidays. (Ord. NS-712 5 1, 2004; Ord. NS-543 5 1,2000; Ord. NS-486 5 1, 1999; Ord. NS-401 5 1, 1997; Ord. 31 76 5 1, 1984: Ord. 3088, 1972) 7 1 Page 1 of 2 From: To: "Bob Johnson" <Bjohn@ci.carlsbad.ca.us> Date: 05/17/2005 12:07 PM Subject: RE: FW: overnight beach parking cc: cppret @ci.carlsbad.ca.us> "kasey " ckcinciarelli @ adelphia.net> The CC copy should be distributed by the administrative assistant to council prior to today's meeting. Dear Mr. Johnson, Thank you for your responce, but it failed to address many of the significant points I made in my previous correspondence. The state camp ground is frequently full in the spring, summer and fall and costs, I believe $15 per night to get in. In addition you are limited to the number of contiguous nights you may spend theere. If this was a practical solution, the vehicle dwellers would be doing it. Like I said, if the police and state Rangers really are having problems with the people sleeping in their vehicles between the hours of 1 lpm -5am, then the problem people will be pushed onto our city streets, much closer in proximity to residents, hence more complaints and problems, resulting in the ultimate conversion of these citizens to criminals, for the mere violation of not having a home. I guess you need to voice specifics of what the problems the city and state rangers are having and how this change, ie banning overnight parking is going to help. I don't see that in your brief. I doubt that these people who reside in their vehicles are responsible for auto burglaries, since just about no one uses the beach during those hours. I think this is a good area for them to sleep in their vehicles, it keeps them in a known area and concentrated all together, where police patrols can merely cruise by to make sure no trouble is being made. It seems to me that this area will soon be developed with the south carlsbad redevelopment plan and the real intent here is to get these persons sleeping in their vehicles to sleep elsewhere, preferably out of Carlsbad. Again, I don't think we are primarily dealing with the criminal element. STaff should recommend delaying this action until a much more indepth study can be conducted, and those effected can be notified and come and speak for themselves in front of council. Like I said in my first correspondence. City of Carlsbad should make some type of effort to accomodate these vehicle dwellers, ie, somewhere within our city should be designated for the exclusive purpose of allowing vehicle dwellers to sleep at night. This number of folks doing this is only bound to increase and when concentrated in one area, (as they are now in this stretch of beach) it would be much easier for the police to monitor the vehicle dwellers. If they truly do represent a larger porportion of the criminal element why would you want them dispersed onto our city streets? If they break any laws now they can be arrested and their vehicles impounded. I'm sure each of these people realize what an incredible ordeal that would be; dealing with the humiliation of arrest, incarceration, finding the money to unimpound your vehicle. So my point is they can be easily arrested if they break the laws by the beach and we have two jurisdictions of police to do that. So what exactly is going to be accomplished by outlawing overnight parking on this, the only stretch of beach that allows it for many, many, many miles. Tell me, where exactly do you expect them to go that they can park their vehicle for free and sleep overnight? Our city needs to be more accomodating to the underpriviledged, who typically, just like in this case have NO voice in the polictical process. I doubt that these people have any impact of your precious tourists. Perhaps a portapotty should be in the area for them, surely more study is needed, and outlawing overnight parking should not be done until this issue is fully studied. file://C:V>ocuments and Settings\ppret\Local Settings\Temp\GW }OOOOl .HTM 05/ 17/2005 Page 2 of 2 -----Original Message----- From : Bob Johnson [ mailto : Bjo h n@ci .ca rls bad.ca. us] Sent: Monday, May 16,2005 3:29 PM To: kcinciarelli@adelphia.net Subject: Re: FW: overnight beach parking Kasey Cinciarelli, thank you for your comments. Tomorrow night the ordinance that will be considered for introduction by the City Council is in response to problems that the Police Department and the State Park Rangers have encountered with individuals that park vehicles overnight on Carlsbad Boulevard since the State beach is closed at night. The proposal will allow vehicles to be parked in legal designated parking spaces all day except for between the hours of 11:OO p.m. and 5:OO a.m., similar to other current parking restrictions at night on Carlsbad Boulevard. The nearby South Carlsbad State campground is available for those that want to take their vehicle to camp and sleep overnight in that location. >>> "kasey" ckcinciarelli@adelphia.net> 05/16/05 3:03 PM >>> Staff may email me back with more information, or a real suggested solution to where these vehicles dwellers can legally park within the city of cbd. thank you Kasey To our City representatives and staff, Before staff recommends outlawing overnight parking s. of avenida encinas the city of cbd should publicly designate where persons living in vehicles CAN park overnight. I don't think it's such a bad idea to have such people who reside in a motorized vehicle, sleeping and parking in the middle of the night on a stretch near the beach that would otherwise be COMPLETELY UNUSED during those time periods. The city needs to change it's attitude toward these underpriviledged people and instead of harassing these people provide accomodation for them. Without such an overnight parkingkleeping area being designated, you will merely force these people onto city streets, where they will also be told to move, when a complaint is filed. Surely our police have better things to do than hassle homeless, yet law abiding people who reside in their vehicle, as they do now in all the beach areas where no overnight stays are permitted. Let's have a little compassion for these folks and not push the problem into our city neighborhood streets. I would venture to guess only a small fraction of these people are not law abiding citizens and should be dealt with as the law may see fit. Let's not make people who reside in their motorized vehicles into criminals by not allowing anyplace in our city for them to sleep in their vehicles. Reconsider this recommended action, staff should do much more research on a permanent, workable solution before this action is taken. Kasey Cinciarelli Lyons Ct. Carlsbad. CA file://C:\Documents and Settings\ppret\Local Settings\Temp\GW }OOOOl .HTM 05/17/2005