HomeMy WebLinkAbout2021-11-01; Traffic and Mobility Commission; ; Adoption of Ordinance No. __Amending Carlsbad Municipal Code, Chapter 10.40, Section 10.40.180(D)(6)to Allow Enforcement of the City’s Ban on Overnight Parking of OversizItem 1
Meeting Date: Nov. 1, 2021
To: Traffic and Mobility Commission
Staff Contact: Scott Merritt, Sergeant
scott.merritt@carlsbadca.gov 760-931-
Allegra Frost, Deputy City Attorney
Allegra.frost@carlsbadca.gov, 760-434-2891
Subject: Adoption of Ordinance No. __Amending Carlsbad Municipal Code,
Chapter 10.40, Section 10.40.180(D)(6) to Allow Enforcement of the
City’s Ban on Overnight Parking of Oversized Vehicles During a Declared
State of Emergency
Recommended Action
Support staff’s recommendation that City Council introduce an ordinance amending Chapter
10.40, Section 10.40.180 (D)(6) of the Carlsbad Municipal Code to give the Director of
Emergency Services the authority to decide whether to suspend city laws on the overnight
parking of oversized vehicles during a declared state of emergency.
Discussion
The City of Carlsbad has received numerous complaints from residents and business owners
about the parking of oversized vehicles on city streets between 2 a.m. and 5 a.m., in violation of
Carlsbad Municipal Code Section 10.40.180 – Parking of oversized vehicles. The complaints are
largely focused on recreational vehicles and on related quality of life and health and safety
issues, including illegal dumping, traffic hazards, blight, reduced driver visibility and restricted
access to residential areas, businesses, and tourist attractions.
One provision in this code, Section 10.40.180 (D)(6), states:
The prohibitions provided in this article shall not apply to the parking of any
oversized vehicle during the pendency of any state of emergency declared to
exist within the City of Carlsbad by the city council, city manager or governor.
Because of this provision, the city has been unable to enforce its laws on the parking of
oversized vehicles during the specified hours during the state of emergency declared due to the
COVID-19 pandemic.
The proposed amendment to the municipal code would empower the Director of Emergency
Services, a role held by the City Manager, to determine whether suspending the parking
restrictions on oversized vehicles during a local state of emergency would be in the public
interest.
Nov. 1, 2021 Item #1 1
Next Steps
Following the Traffic and Mobility Commissions review, staff will present the proposed
ordinance to City Council and recommend that the City Council introduce the ordinance for
adoption.
Exhibits
1. Ordinance
2. Version of Carlsbad Municipal Code 10.40.180 with proposed revisions highlighted
Nov. 1, 2021 Item #1 2
EXHIBIT 1
ORDINANCE NO. .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 10.40,
SECTION 10.40.180 REGARDING THE PARKING OF OVERSIZED VEHICLES
WHEREAS, the Carlsbad Municipal Code’s prohibition on the parking of oversized vehicles
contained in Title 10, Chapter 10.40, Article III do not apply during the pendency of any state of
emergency declared to exist within the City of Carlsbad; and
WHEREAS, the director of emergency services should be empowered to determine whether
suspending the parking restrictions applicable to oversized vehicles during a local state of emergency
would be in the public interest; and
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
1. The above recitations are true and correct.
2. Carlsbad Municipal Code, Chapter 10.40, Section 10.40.180(D)(6) is amended to read as
follows:
6. As part of a proclamation of a local emergency issued pursuant to Chapter 6.04,
the director of emergency services may suspend any provision of this section applicable
to the parking of oversized vehicles. The suspension shall expire upon the termination
of the local state of emergency unless an earlier time for expiration is provided in the
proclamation of local emergency.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the ______
day of __________, 2021, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the __ day of ________, 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
Nov. 1, 2021 Item #1 3
EXHIBIT 1
_________________________________
CELIA A. BREWER, City Attorney
_________________________
MATT HALL, Mayor
_________________________
BARBARA ENGLESON, City Clerk
(SEAL)
Nov. 1, 2021 Item #1 4
EXHIBIT 2
10.40.180 Parking of oversized vehicles.
A. Definitions. For purposes of this article, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
1. “Loading and unloading” shall mean actively moving items to or from an oversized vehicle
including the activities required to prepare the vehicle for travel or storage.
2. “Out-of-town visitor” shall mean any person who does not reside in the City of Carlsbad, who is
temporarily visiting as a guest of a resident of the city, and who has applied for and obtained an
oversized vehicle overnight parking permit.
3. “Oversized vehicle” shall mean any motorized vehicle as defined of Section 670 of the Vehicle
Code or combination of motorized vehicles and/or non-motorized vehicles or trailers that meets
or exceeds 22 feet in length at any time or a combination of the two following criteria, exclusive
of fixtures, accessories or property: seven feet in height and seven feet in width.
a. To determine the height, width or length of the vehicles defined in this section, any
extension to the vehicle caused by mirrors, air conditioners, or similar attachments as
allowed by Section 35109, 35110 or 35111 of the Vehicle Code as may be amended shall
not be included.
b. Oversized vehicle does not include pickup trucks, vans, or sport utility vehicles, which are
less than 25 feet in length and eight feet in height.
4. “Resident” shall mean a person who customarily resides and maintains a place of abode or who
owns land within the City of Carlsbad. It shall not mean a person who maintains an address at
a post office box, mailbox drop, or who rents a room without it being the primary place of abode.
B. Overnight Parking Prohibition. No person shall stop, stand, park or leave standing any oversized
vehicle on any public highway, street or city parking lot at any time between the hours of 2:00 a.m.
and 5:00 a.m. unless otherwise authorized by this article.
C. Utility Connections Prohibited. No person shall permit, cause or allow any electrical, water, gas,
telephone or other utility connection (such as electrical cords, extension cords, hoses, cables, or other
items) to encroach into any public right-of-way including across or above any street or sidewalk from
a residential or commercial property to an oversized vehicle or trailer parked on a public highway,
street or city parking lot.
D. Overnight Parking Exceptions to Prohibitions. The provisions of Section 10.40.180(B) shall not apply
to any of the following:
1. Oversized vehicles owned by a resident or out-of-town visitor displaying a permit for overnight
parking issued by the city manager or designee in accordance with this article. The issuance of
a permit shall not allow any other activity otherwise prohibited by law.
2. Oversized vehicles displaying a permit issued by the city manager to a hotel as defined in
Carlsbad Municipal Code Section 21.04.185 or a motel as defined in Carlsbad Municipal Code
Section 21.04.273 for the exclusive use of its registered guests.
3. Oversized vehicles involved in an emergency or being repaired under emergency conditions.
Emergency parking may be allowed for 24 consecutive hours where an oversized vehicle is left
standing at the roadside because of mechanical breakdown or because of the driver’s physical
incapacity to proceed.
4. Oversized vehicles belonging to federal, state or local authorities or public utilities that are
temporarily parked while the operator of the oversized vehicle is conducting official business.
5. Oversized vehicles actively engaged in the loading and unloading and deliveries of person,
merchandise, wares, supplies, goods or other materials in the course of construction or other
work from or to any adjacent building or structure.
6. As part of a proclamation of a local emergency issued pursuant to Chapter 6.04, the director of
emergency services may suspend any provision of this section applicable to the parking of
Nov. 1, 2021 Item #1 5
EXHIBIT 2
oversized vehicles. The suspension shall expire upon the termination of the local state of
emergency unless an earlier time for expiration is provided in the proclamation of local
emergency.
E. Overnight Parking Permit Conditions. Any resident may obtain an oversized vehicle overnight parking
permit to park an oversized vehicle registered to them adjacent to his or her residence. Any resident
may obtain an oversized vehicle overnight parking permit to park an oversized vehicle belonging to
an out-of-town visitor.
The city manager or designee may issue a permit for overnight parking of an oversized vehicle to any
resident or out-of-town visitor subject to the following provisions:
1. The oversized vehicle shall be owned, leased, rented by, or registered to, a resident or out-of-
town visitor.
2. The oversized vehicle shall park at the street curb immediately adjacent to the residence, or
within 400 feet of that person’s residence if this area is not available for parking due to curb
configuration or codified parking restrictions.
3. The oversized vehicle overnight parking permit shall be prominently displayed in the lower
driver’s side of the windshield or the nearest window of the vehicle. The permit shall be clearly
visible from the exterior of the oversized vehicle and shall not cover the vehicle identification
number. Trailers shall display the permit on the side of the trailer so that the permit is visible
from the street.
4. The oversized vehicle shall not be used for camping, lodging, residing or for accommodation
purposes. Nothing in this section shall be construed to permit sleeping or camping in a vehicle
as prohibited by the Carlsbad Municipal Code.
5. All oversized vehicle permit holders shall comply with the City of Carlsbad street sweeping
parking regulations pursuant to Carlsbad Municipal Code Section 10.40.150.
6. The city manager or designee may deny or revoke an oversized vehicle overnight parking permit
if, upon a review of the location where the oversized vehicle will be parked, the city manager or
designee determines that it would create a traffic hazard or otherwise would adversely affect
public safety, traffic flow or access.
F. Overnight Parking Permit Duration.
1. Each resident oversized vehicle overnight parking permit shall be valid for one year. A resident
oversized vehicle permit allows a resident to park an oversized vehicle for four periods of up to
72 consecutive hours per calendar month. The oversized vehicle must be absent from the
location authorized by Section 10.40.180(E)(2) for a minimum of 24 consecutive hours to be
lawfully parked overnight at the location again.
2. Each oversized vehicle overnight parking permit issued to an out-of-town visitor shall be valid
for a maximum of 72 hours.
3. No more than six out-of-town visitor permits shall be issued to a resident in a calendar year.
G. Fraudulent Permit Penalty. Every person who displays a fraudulent, forged, altered or counterfeit
oversized vehicle parking permit or permit number is guilty of a misdemeanor.
H. Overnight Parking Permit Denial. The city may deny the issuance of an oversized vehicle overnight
parking permit for up to one year if the city manager or designee finds that any of the following
conditions exist:
1. The applicant or the person the applicant is visiting is not a bona fide resident.
2. The resident or out-of-town visitor guests of a resident have been issued two or more citations
in the same calendar year for either exceeding the allotted 72-hour permit time and/or parking
greater than 400 feet from the designated residence or land owned address.
3. The out-of-town visitor is not a guest of the resident applicant.
Nov. 1, 2021 Item #1 6
EXHIBIT 2
4. An owner of an oversized vehicle has procured any oversized vehicle parking permit through
fraud or misrepresentation, for example, the information submitted by the applicant is materially
false.
5. The hotel or motel establishment is issuing oversized vehicle permits to non-paying guests of
the commercial establishment and/or the guests are camping in the vehicle rather than residing
in the commercial establishment.
Nov. 1, 2021 Item #1 7