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HomeMy WebLinkAbout2022-09-13; City Council; ; Amend the Carlsbad Municipal Code by Adding Section 10.40.302 to Restrict Overnight Parking on Surfside Lane and Island WayCA Review __AF__ Meeting Date: September 13, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Scott Meritt, Sergeant scott.meritt@carlsbadca.gov, 442-339-2107 Allegra Frost, Deputy City Attorney allegra.frost@carlsbadca.gov, 442-339-2891 Subject: Amend the Carlsbad Municipal Code by Adding Section 10.40.302 to Restrict Overnight Parking on Surfside Lane and Island Way Recommended Action Introduce an ordinance restricting overnight parking on both sides of Surfside Lane, north of Island Way and both sides of Island Way, east of Surfside Lane. Parking would be restricted from 11 p.m. to 5 a.m. Executive Summary The Carlsbad Police Department received a letter from Grand Pacific Resorts, the owner of Carlsbad Seapointe Resort, in March 2022 concerning the area of Surfside Lane in front of the business being used for long-term parking. (Exhibit 2.) Police Department staff verified complaints that the street in front of the resort is being used for long term, overnight parking by numerous passenger vehicles, recreational vehicles, buses and camper vans. Residents in the area have reported similar concerns to the Police Department. Resort staff and area residents have also reported that subjects are using the resort’s outdoor rinse shower for bathing. The recommended action would amend the Carlsbad Municipal Code by adding Section 10.40.302 to establish no parking zones between the hours of 11 p.m. and 5 a.m. on both sides of Surfside Lane, north of Island Way and both sides of Island Way, east of Carlsbad Boulevard. Discussion The City of Carlsbad has received several complaints regarding recreational vehicles and passenger vehicles parking overnight and for extended periods on Surfside Lane and Island Way. The Police Department conducted an increased number of enforcement contacts in this area in response. Oversized vehicles parked on those streets have been cited for violating Carlsbad Municipal Code 10.40.180- Parking of oversized vehicles. However, Police Department staff have noted many of the vehicles parked in the area do not qualify as oversized vehicles as defined in the Carlsbad Municipal Code. There are currently no parking time restrictions on the affected Sept. 13, 2022 Item #8 Page 1 of 11 streets and the Police Department has only been able to mark passenger vehicles with a notice of 72-hour violation (California Vehicle Code Section 22651(k)). When officers recheck the vehicles after 72 hours, they generally find their owners have moved them to new parking spaces in the same area so the vehicles cannot be towed or cited. The use of city streets for long-term and overnight parking of vehicles often increases the calls for police services to address noise complaints, littering, public urination, and concerns of suspicious or unwanted activity in the adjacent areas. The proposed overnight parking restriction would not decrease access to the coast because people don’t usually go to the beach during the hours when parking is to be banned, from 11 p.m. to 5 a.m. The beach areas in the vicinity of the proposed parking restriction also lack lighting that would allow safe access at night. From June 1, 2021, to June 30, 2022, the Police Department responded to the following calls for service on Surfside Lane and Island Way, abutting the Carlsbad Seapointe Resort: CALL TYPE Parking complaints from community or initiated by Police staff 29 Extra patrols initiated by Police staff to address parking issues 11 Municipal Code complaints for oversize RV parking 10 Public relations contacts regarding illegally parked vehicles 3 Noise disturbance related to parked RVs 1 Special details focusing specifically on oversize vehicle enforcement 7 TOTAL 61 Carlsbad Police Department staff distributed flyers explaining the proposed parking ban to all homes in the residential neighborhood of Surfside Lane south of Island Way and all residences on Franciscan Road on March 24, 2022. The Police Department also solicited feedback from residents in the area to determine the impact of banning overnight parking in the affected area. Lt. Jason Jackowski spoke with residents in approximately ten households. All of the residents agreed that the area immediately surrounding Seapointe Resort warrants some form of restricted parking to better regulate problems in the area. Several residents expressed concerns that the parking issues would migrate into their residential neighborhood. A meeting was held at Seapointe Resort on June 30, 2022 to address the concerns of the community. The distributed flyers to all residences on Surfside Lane, south of Island Way and all residences on Franciscan Road. About ten households were represented along with the resort’s ownership and management. All attendees agreed that regulating overnight parking on Surfside Lane, north of Island Way and Island Way, east of Carlsbad Boulevard was necessary. All attendees also agreed to move forward with a request to the Traffic and Mobility Commission and the Carlsbad City Council to request no overnight parking from 11 p.m. to 5 a.m. for the affected streets, directly adjacent to the resort. Police Department staff assured community members they would monitor the area to prevent the overnight parking problem moving into the residential neighborhood, conduct increased Sept. 13, 2022 Item #8 Page 2 of 11 enforcement if necessary and evaluate whether the parking restrictions put in place adjacent to Seapointe Resort would need to be modified or expanded onto nearby residential streets. The department made a recommendation to the Traffic and Mobility Division and the city Traffic Engineer on July 11, 2022, to install marked spaces and signage in the affected area to restrict parking of oversized vehicles. The request was made in keeping with Carlsbad Municipal Code 10.40.145 - Parking space markings, which grants the Traffic Engineer the authority to determine locations for parking space markings. Police staff presented the recommendation for the ordinance to the Traffic and Mobility Commission on August 18, 2022. The commission voted unanimously to recommend that City Council adopt the ordinance. (Exhibit 3.) Options Option 1 Amend Section 10.40.302 of the Carlsbad Municipal Code to establish no-parking zones between 11 p.m. and 5 a.m. on Surfside Lane, north of Island Way and Island Way, east of Surfside Lane. Pros • Would reduce public health and safety concerns on these streets by eliminating overnight parking in the area of concern. • Will likely reduce littering and illegal dumping in the area. Cons • An unintended consequence of restricting overnight parking in this manner may increase similar vehicle parking issues in other areas. Option 2 Make no amendments to the municipal code ordinance that would prohibit overnight parking. Pros • Will maintain existing overnight parking spaces. Cons • Does not address the concerns of Seapointe Resort and the surrounding community. Staff recommend Option 1. Fiscal Analysis The preliminary cost estimate accounts for producing and installing signs with the new restrictions. The Traffic Engineering Division determined 32 signs will be needed for the project. These signs cost $300 each, so the total cost estimate for the signs is $9,600. There are sufficient funds in the Police Department’s fiscal year 2022-23 operating budget to cover the cost of this project. Sept. 13, 2022 Item #8 Page 3 of 11 Environmental Evaluation The project is exempt from the California Environmental Quality Act under CEQA Guidelines Section 15301 (c), which covers the minor alteration of existing facilities, including streets, involving negligible or no expansion of use. Next Steps The Office of 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. 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. Ordinance 2. Letter to the Carlsbad Police Department from Carlsbad Seapointe Resort 3. Council memorandum summarizing Traffic & Mobility Commission Meeting of Aug. 18, 2022 Sept. 13, 2022 Item #8 Page 4 of 11 ORDINANCE NO. CS-430 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADDING SECTION 10.40.302 OF THE CARLSBAD MUNICIPAL CODE TO ESTABLISH NO PARKING ZONES ALONG BOTH SIDES OF SURFSIDE LANE, NORTH OF ISLAND WAY AND BOTH SIDES OF ISLAND WAY, EAST OF CARLSBAD BOULEVARD BETWEEN THE HOURS OF 11 P.M. AND 5 A.M. WHEREAS, the City of Carlsbad has received numerous reports of individuals parking recreational and passenger vehicles overnight along Surfside Lane and Island Way for extended periods; and WHEREAS the Carlsbad Police Department received a letter from Grand Pacific Resorts, I concerning the area of Surfside Lane in front of the business being utilized for long term parking; and WHEREAS, Police Department staff has verified complaints that the street in front of the resort is being used for long term, overnight parking by numerous passenger vehicles, recreational vehicles, buses, and camper vans; and WHEREAS, the Carlsbad Police Department distributed flyers to all homes in the residential neighborhood of Surfside Lane, south of Island Way and all residences on Franciscan Road and solicited feedback to determine the impact of overnight parking restrictions in the affected areas; and WHEREAS, residents agreed that the area immediately surrounding Seapointe Resort warrants some form of restricted parking to better regulate the problems in the area; and WHEREAS, the use of city streets for long term and overnight parking of vehicles often increases the calls for police services to address noise complaints, littering, public urination and concerns of suspicious or unwanted activity in the adjacent areas; and WHEREAS, the overnight parking restriction would not decrease access to the coast because beach activities do not commonly occur during the 11 p.m. to 5 a.m. time period, beach activity is generally limited to daytime and early dusk use, and the beach areas in the vicinity of the proposed parking restriction lack lighting to allow safe access at night; and WHEREAS, the City Council of the City of Carlsbad has determined that it is in the interest of public safety that a parking restriction be implemented along both sides of Surfside Lane, north of Island Way and both sides of Island Way, east of Carlsbad Boulevard between the hours of 11 p.m. and 5 a.m.; and Exhibit 1 Sept. 13, 2022 Item #8 Page 5 of 11 WHEREAS, the City Planner has determined that the project is categorically exempt from the California Environmental Quality Act (CEQA) per state CEQA Guidelines section 15301 (c) and that no exception to the exemption as set forth in CEQA Guidelines section 15300.2 applies; NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1.The above recitations are true and correct. 2.That Title 10, Chapter 10.40, of the Carlsbad Municipal Code is amended by the addition of Section 10.40.302 to read as follows: 10.40.302 Parking restricted on Surfside Lane and Island Way. Parking of vehicles is prohibited between 11:00 p.m. and 5:00 a.m. on both sides of Surfside Lane, north of Island Way and both sides of Island Way, east of Carlsbad Boulevard. 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 13th day of September, 2022, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ � 2022, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: CINDIE McMAHON, City Attorney MATT HALL, Mayor FAVIOLA MEDINA, City Clerk Services Manager (SEAL) Sept. 13, 2022 Item #8 Page 6 of 11 5900 PASTEUR COURT, SUITE 200 ♦ CARLSBAD, CA 92008 ♦ TELEPHONE 760-431-8500 ♦ FAX 760-431-4580 ♦ www.grandpacificresorts.com March 3, 2022 Lieutenant Jason Jackowski Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92008 Dear Lieutenant Jackowski, Thanks for reaching out and assisting us in managing the street parking on Surfside Lane. Given the close proximity of Seapointe Resort to the beaches, Surfside Lane provides parking for many who want to enjoy our beaches. Unfortunately, what is occurring is that people are not just day parking, but using Surfside Lane for overnight and long- term parking. We have had some people set up home base and dispose of their waste inappropriately in the marsh area in front of the property. We understand that Surfside Lane is open for public parking and are in full support of this. What we would appreciate is your assistance in managing the long term and overnight vehicles. We have a couple ideas on how to manage this: 1.Post no parking signs during the hours of 11:00 PM to 5:00 AM, which I believe is consistent with beach parking. 2.Stripe the roadway to accommodate a regular vehicle parking, but puts the larger RV’s outside the parking stripe Of course, we would appreciate any suggestions you might have as to better manage this situation. I have enclosed a few pictures (we have lots!) of vehicles parking overnight that our staff has been taking daily since November 2021 at around 2:00 am each morning, as well as videos. Thank you for your partnership in this matter. Over the years, we are grateful for the support and relationship with the Carlsbad Police Department. Please let me know if you need any additional information. Sincerely, Tim Stripe Exhibit 2 Sept. 13, 2022 Item #8 Page 7 of 11 GRAND PACIFIC RESORTS Sept. 13, 2022 Item #8 Page 8 of 11 Sept. 13, 2022 Item #8 Page 9 of 11 Public Works Branch Transportation Department 1635 Faraday Avenue  Carlsbad, CA 92008  442-339-2746 t Council Memorandum Aug. 26, 2022 To: Honorable Mayor Hall and Members of the City Council From: Nathan Schmidt, Transportation Planning & Mobility Manager Re: Summary of Traffic & Mobility Commission Meeting of Aug. 18, 2022 APPROVAL OF MINUTES: By a 5/0/1/1 (Absent: Commissioner Edward Newlands; Abstain: Commissioner Diane Proulx) vote, the Traffic and Mobility Commission approved the minutes of July 5, 2022, meeting as amended. Motion by Commissioner Proulx, seconded by Commissioner Penseyres to approve Consent Item Nos. 1 through 3. Motion carried: 6/0/0/1 (Absent: Commissioner Edward Newlands) 1.AVENIDA ENCINAS COASTAL RAIL TRAIL AND PEDESTRIAN IMPROVEMENTS PROJECT - FINAL DRAFT – The Traffic & Mobility Commission supported staff’s recommendation to implement the improvement plans for Segment 2 of the Avenida Encinas Coastal Rail Trail and Pedestrian Improvements, Capital Improvement Program Project No. 6004. 2.INTERSECTION IMPROVEMENTS AT MELROSE DRIVE AND PALOMAR AIRPORT ROAD –The Traffic & Mobility Commission supported staff’s recommendation to approve the plans and specifications of the intersection improvements at Melrose Drive and Palomar Airport Road, Capital Improvement Project No. 6034. 3.REVISE PRIMA FACIE SPEED LIMITS FOR GATEWAY ROAD AND CADENCIA STREET - The Traffic & Mobility Commission supported staff’s recommendation to City Council to revise prima facie speed limits on: a)Gateway Road between El Camino Real and El Fuerte Street, from 40 miles per hour to 35 miles per hour b)Cadencia Street from Del Rey Avenue to 0.15 mile north of Piragua Street, from 40 miles per hour to 35 miles per hour 4.AMEND THE CARLSBAD MUNICIPAL CODE BY ADDING SECTION 10.40.302 TO RESTRICT OVERNIGHT PARKING ON SURFSIDE LANE AND ISLAND WAY - By a 5/0/1/1 (Absent: Commissioner Edward Newlands; Abstain: Commissioner Diane Proulx) vote, the Traffic & Mobility Commission supported staff’s recommendation to City Council to introduce an ordinance amending the Carlsbad Municipal Code by adding Section 10.40.302 to restrict overnight parking from 11 p.m. to 5 a.m. on both sides of Surfside Lane, north of Island Way and both sides of Island Way, east of Carlsbad Boulevard. Exhibit 3 Sept. 13, 2022 Item #8 Page 10 of 11 {city of Carlsbad Council Memo – Summary of Traffic and Mobility Commission Meeting of Aug. 18, 2022 Aug. 25, 2022 Page 2 Public Works Branch Transportation Department 1635 Faraday Avenue  Carlsbad, CA 92008  442-339-2746 t 5. POLICE REPORT REGARDING TRAFFIC & MOBILITY-RELATED MATTERS DURING THE MONTH OF JULY 2022 – Received the report on Traffic & Mobility related matters during the month of July 2022. 6. UPDATE ON THE SOUTH CARLSBAD BOULEVARD CLIMATE ADAPTATION PROJECT – Received an update on the traffic impact analysis and roadway design options studies for the grant- funded South Carlsbad Boulevard Climate Adaptation Project. TRAFFIC & MOBILITY COMMISSION COMMENTS: By a 5/1/0/1 (No: Commissioner Diane Proulx; Absent: Commissioner Edward Newlands) vote, the Traffic & Mobility Commission requested staff to agendize a staff report presenting solutions to expedite projects. By a 6/0/0/1 (Absent: Commissioner Edward Newlands) vote, the Traffic & Mobility Commission requested staff to agendize an update on Valley Street and Magnolia Avenue Complete Streets Project, Capital Improvement Projects Nos. 3904 and 6019 cc: Scott Chadwick, City Manager Cindie McMahon, City Attorney Geoff Patnoe, Assistant City Manager Paz Gomez, Deputy City Manager, Public Works Gary Barberio, Deputy City Manager, Community Services Laura Rocha, Deputy City Manager, Administrative Services Mickey Williams, Police Chief Robby Contreras, Assistant City Attorney Jeff Murphy, Community Development Director Jason Geldert, Engineering Manager Tom Frank, Transportation Director/City Engineer John Kim, City Traffic Engineer Hossein Ajideh, Engineering Manager Sheila Cobian, Legislative and Constituent Services Director Faviola Medina, City Clerk Services Manager Jason Jackowski, Lieutenant, Police Department Scott Meritt, Sergeant, Police Department Nikki Matosian, Communication & Engagement James Wood. Environmental Sustainability Director Sept. 13, 2022 Item #8 Page 11 of 11 Overnight Parking on Surfside Lane & Island Way Scott Meritt, Traffic Sergeant Police Department Allegra Frost, Deputy City Attorney Carlsbad City Attorney’s Office September 13, 2022 {city of Carlsbad TODAY’S PRESENTATION •Overview •Recommended Action •Current Municipal Code •Community Concerns •Calls for Service •Options •Fiscal Analysis {city of Carlsbad OVERVIEW •The city has received several complaints regarding vehicles and motorhomes parking overnight and for extended periods on Surfside Lane and Island Way •Complaints that vehicles and motorhomes are parked for days at a time, individuals living in their vehicles, littering and unlawful dumping of gray water {city of Carlsbad RECOMMENDED ACTION Introduce an ordinance amending the Carlsbad Municipal Code by adding Section 10.40.302 to restrict overnight parking on both sides of Surfside Lane, north of Island Way and both sides of Island Way, east of Surfside Lane. Parking would be restricted from 11 p.m. to 5 a.m. {city of Carlsbad CURRENT MUNICIPAL CODE •Currently there are no restrictions for overnight parking of passenger vehicles on Surfside Lane and Island Way {city of Carlsbad •A community meeting was held with residents on June 30, 2022 •10 households and Seapointe Resort Management attended •All supported restricting overnight parking on Surfside Lane and Island Way COMMUNITY CONCERNS {city of Carlsbad •The data was presented to the Traffic and Mobility Commission on August 18, 2022. •The Traffic and Mobility Commission recommended Option 1. •Therefore, an ordinance reflecting Option 1 and corresponding resolution has been prepared for Council’s consideration. COMMUNITY CONCERNS {city of Carlsbad Call for Service June 1, 2021 –June 30, 2022 CALL TYPE Parking Complaints from community or initiated by Police staff 29 Extra Patrols initiated by Police staff to address parking issues 11 Municipal Code complaints for oversize RV parking 10 Public Relations contacts regarding illegally parked vehicles 3 Noise Disturbance related to parked RV 1 Special Details focusing specifically on oversize vehicle enforcement 7 TOTAL 61 {city of Carlsbad OPTION 1 PROS CONSIntroduce an ordinance amending Section 10.40.302 of the Carlsbad Municipal Code to establish no parking zones between 11:00 p.m. and 05:00 a.m. on both sides of Surfside Lane, north of Island Way and both sides of Island Way, east of Surfside Lane Reduce public health and safety concerns by eliminating overnight parking in the area of concern Likely reduce littering and illegal dumping in the area An unintended consequence of restricting overnight parking in this manner may increase similar vehicle parking issues in other areas [2] {city of Carlsbad OPTION 2 PROS CONSMake no changes to the current municipal code.Does not address the community concerns Will maintain existing overnight parking spaces [2] {city of Carlsbad FISCAL ANALYSIS # of Signs Unit Price Total Cost Option 1 32 $300 $9,600 STAFF RECOMMENDATION Recommended Action Staff recommends introducing an ordinance restricting overnight parking on both sides of Surfside Lane, north of Island Way and both sides of Island Way, east of Surfside Lane between the hours of 11 p.m. and 5 a.m. {city of Carlsbad QUESTIONS?