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HomeMy WebLinkAbout2021-12-07; City Council; ; Introduce an Ordinance 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 V Meeting Date: Dec. 7, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Steve Thomas, Lieutenant steve.thomas@carlsbadca.gov, 760-931-3820 Allegra Frost, Deputy City Attorney Allegra.frost@carlsbadca.gov, 760-434-2891 Subject: Introduce an Ordinance 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 Emergency Recommended Action 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 or enforce city laws on the overnight parking of oversized vehicles during a declared state of emergency. Executive Summary/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 related the parking of oversized vehicles during the specified hours during the state of emergency declared due to the COVID-19 pandemic. This 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 or whether the restrictions should continue to be enforced during the emergency. Dec. 7, 2021 Item #9 Page 1 of 7 Options Staff provides the following options for the City Council’s consideration: Option 1 - Introduce the ordinance amending Carlsbad Municipal Code Section 10.40.180 – Parking of oversized vehicles, (D)(6) to give the Director of Emergency Services the authority to suspend any provision of this article applicable to the parking of oversized vehicles Pros •Would enable the city to address the community’s quality of life and public safety concerns related to the parking of oversized vehicles, during the night, during a state of emergency •Continuous enforcement of city parking regulations tends to result in greater compliance Cons •May result in reduced options for the legal parking of oversized vehicles during the night, during a state of emergency Option 2 - Do not introduce the ordinance. Pros •Will not limit the parking of oversized vehicles, during the night, during a state of emergency Cons •Parking of oversized vehicles, during the night cannot be enforced during a state of emergency Fiscal Analysis The existing fiscal year 2021-22 budgets for the City Attorney’s Office and City Clerk’s Office include sufficient funding for the cost of amending the referenced code provisions. Next Steps The city clerk will prepare the ordinance for adoption at the next regular City Council meeting. Once adopted, the city clerk will publish the ordinance or a summary of the ordinance in a newspaper of general circulation within 15 days. The ordinance will be effective 30 days following its adoption. Environmental Evaluation (CEQA) This action does not constitute a “project” within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and therefore does not require environmental review. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public review at least 72 hours prior to the scheduled meeting date. Exhibits 1.City Council ordinance 2.Version of Carlsbad Municipal Code 10.40.180 with proposed revisions highlighted Dec. 7, 2021 Item #9 Page 2 of 7 ORDINANCE NO. CS-411 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 EXHIBIT 1 WHEREAS, the Carlsbad Municipal Code's prohibition on the parking of oversized vehicles contained in Title 10, Chapter 10.40, Article Ill do not apply during the pendency of any state cf 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 emergenq 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 e·mergency 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 terminatior 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 Cit\, 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 genera[ circulation in the City of Carlsbad within fifteen days after its adoption. Dec. 7, 2021 Item #9 Page 3 of 7 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the }!B-day of December 2021, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City cf Carlsbad on the_ day of ___ ~ 2021, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Dec. 7, 2021 Item #9 Page 4 of 7 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.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 Exhibit 2 Dec. 7, 2021 Item #9 Page 5 of 7 the city council, city manager or governor. 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. 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. Dec. 7, 2021 Item #9 Page 6 of 7 3. The out-of-town visitor is not a guest of the resident applicant. 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. Dec. 7, 2021 Item #9 Page 7 of 7 Oversized Parking Enforcement Ordinance Steve Thomas, Traffic Lieutenant Police Department Allegra Frost, Deputy City Attorney Carlsbad City Attorney’s Office December 7, 2021 {city of Carlsbad TODAY’S PRESENTATION •Overview •Purpose •Current Municipal Code •Options •Fiscal Analysis {city of Carlsbad OVERVIEW •City has received numerous complaints about the parking of oversized vehicles on city streets between 2 a.m. and 5 a.m. •Violation of Carlsbad Municipal Code Section 10.40.180 –Parking of oversized vehicles •The complaints largely focused on RVs and on related quality of life and health and safety issues {city of Carlsbad PURPOSE •Amend an ordinance to give the Director of Emergency Services (the City Manager) authority to decide whether to suspend or enforce city laws on the overnight parking of oversized vehicles during a declared state of emergency {city of Carlsbad CURRENT MUNICIPAL CODE 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 a.m. 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. OVERSIZED PARKING ENFORCEMENT ORDINANCE {city of Carlsbad OPTION 1 PROS CONSIntroduce the ordinance amending Carlsbad Municipal Code Section 10.40.180 – Parking of oversized vehicles, (D)(6) to give the Director of Emergency Services the authority to suspend any provision of this article applicable to the parking of oversized vehicles Would enable the city to address the community’s quality of life and public safety concerns related to the parking of oversized vehicles, during the night, during a state of emergency Continuous enforcement of city parking regulations tends to result in greater compliance May result in reduced options for the legal parking of oversized vehicles during the night, during a state of emergency {city of Carlsbad OPTION 2 PROS CONS Make no amendment to the municipal code Will not limit the parking of oversized vehicles, during the night, during a state of emergency Parking of oversized vehicles, during the night cannot be enforced during a state of emergency {city of Carlsbad FISCAL ANALYSIS The existing fiscal year 2021-22 budgets for the City Attorney’s Office and City Clerk’s Office include sufficient funding for the cost of amending the referenced code provisions. •The proposed code amendment was presented to the Traffic & Mobility Commission on November 1, 2021 •The Commission recommended amending the section COMMISSION’S REVIEW OVERSIZED PARKING ENFORCEMENT ORDINANCE {city of Carlsbad STAFF RECOMMENDATION Staff recommends Option 1, 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 Emergency. OVERSIZED PARKING ENFORCEMENT ORDINANCE {city of Carlsbad QUESTIONS?