Legislation Details

File #: HIST-1660    Version: 1 Subject:
Type: Historical Status: Action Item
In control: City Council Meeting Agenda
On agenda: 2/6/2006 Final action: 2/6/2006
Title: Discussion of Public Comments Relating to Oversized Vehicle Parking Regulations.
Attachments: 1. A_1_06-02-06_CA_RVPublicComment.doc, 2. A_1_RV Discussion.pdf
City of Culver City, California City Council Agenda Item Report RECOMMENDATION: That the City Council discuss public comments relating to the recently adopted oversized vehicle parking regulations and direct staff as it deems appropriate. BACKGROUND / DISCUSSION: At its meetings of October 24 and November 7, 2005, respectively, the City Council introduced and adopted an Ordinance amending various provisions of Chapter 7.03 of the Culver City Municipal Code relating to the parking of oversized, non-motorized and commercial vehicles (Attachment 2). Notification of the consideration of the Ordinance included the various homeowners’ associations and neighborhood groups; all residents on Culver Boulevard between Sepulveda Boulevard and Elenda Street; individuals who had requested notice or commented on this issue at past Council Meetings; Chamber of Commerce; Downtown Business Association; The Good Sam RV Club; and the Master Notification List. One of the components of the Ordinance is a prohibition against the parking of large motor vehicles, including recreational vehicles (RVs), on any public street, highway, parkway or alley. An exception to this regulation allows for limited parking for 48 hours for the limited purpose of loading, unloading, cleaning, battery-charging, or other activity preparatory or incidental to travel. Meeting Date: 02/06/06 Item Number: A-1 AGENDA ITEM: Discussion of Public Comments Relating to Oversized Vehicle Parking Regulations. Contact Person/Dept.: Heather Iker/City Attorney Phone Number: (310) 253-5660 Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X] Public Hearing: [] Action Item: [X] Attachments: [X] Public Notification: Published in the Culver City News on January 26 and February 2, 2006 (Attachment 1); Via mail on January 23, 2006: Homeowners’ Associations and Neighborhood Groups; All residents on Culver Boulevard between Sepulveda Boulevard and Elenda Street; Via mail or e-mail on January 23, 2006: Persons who have requested notice or commented on this issue at past Council Meetings; Via e-mail on January 30 and 31, 2006: Chamber of Commerce; Downtown Business Association; The Good Sam RV Club; Via e-mail on February 2, 2006: Master Notification List. Department Approval: Carol Schwab, City Attorney (01/30/06) CAO Approval: Martin R. Cole for Jerry B. Fulwood (01/30/06) City Controller Approval: n/aCity of Culver City, California City Council Agenda Item Report Subsequent to the adoption of the Ordinance, several Culver City residents who own RVs attended the January 9, 2006 Council meeting, at which time they voiced opposition to the newly adopted regulations and requested that the City Council reconsider its decision. In response to their concerns, the Council requested that the residents submit any new information they wished the Council to consider in determining whether to agendize this issue for further discussion. On January 17, 2006, the residents submitted to City staff a proposal to revise the newly adopted regulations to allow for a permit parking system for Culver City residents (Attachment 4). In summary, the proposed permit process would allow a resident of Culver City to park their RV along the curb in front of their residence, if the vehicle has a permit affixed to the inside of its windshield. The proposal also suggests that the Police Department be authorized to remove any vehicle that is in violation of the permit requirements only after a three day (or shorter period) notice has been posted on the vehicle. It has also been recommended in the proposal that the permit parking system allow for the parking of RVs by an individual who is visiting a Culver City resident. Per Council’s direction at its January 9, 2006 meeting, City staff is providing the above information for discussion and to further direct staff as it deems appropriate. FISCAL ANALYSIS: There is no fiscal impact associated with this item. ATTACHMENTS: 1. Public notification in Culver City News on January 23 and February 2, 2006 2. Ordinance No. 2005-009 3. Residents’ proposal MOTION: That the City Council: Discuss public comments relating to the recently adopted oversized vehicle parking regulations and direct staff as it deems appropriate. MEETING DATE: 02/06/06 AGENDA ITEM: Discussion of Public Comments Relating to Oversized Vehicle Parking Regulations. ATTACHMENTS Pages 1. Public notification in Culver City News on January 23 and 1 February 2, 2006 2. Ordinance No. 2005-009 2-9 3. Residents' proposal 10OFFICE OF THE CIT( ATTORNEY i FA:1316_25315664- ITY:OF PAVER CIT City Attorney AirrAcoli wr 1:7 0770 CULVER-BOULEVARD. -C.ALIFoRNIAT902320507t::•. , • . . • . .• . •.• .Ncemp-9F.i.c.MATR .CITY . COUNCIL . MEETiNG. EGARDING DISCUSSION .0E-11NUBLIC: COMMENTSAELATING.TOSATRSIZED •2•VEHICLEPARKINGIREGVLATIONs...: . • ••• • ydii. are liereliY notify that the following -itejin Will be Considered by the CitYCouncil at its rrieeting Monday, February 6; 2006: . _ _ Discussion of Public Comments Relating to OVersizedVehitile . . • :parking -Reg-idatiOns • TheiteikW1111* .: C lil.50iigsed . during the regular meeting of the City Council, 'which will convene at 7 04) 0:014 4i.-51 will be heldin-the: Mike Balknian Council Chambers at the City Hall 9710, Culver Boulevard, which -is accessible to disable persons Anyone wisjilng to address the City Council in ge06# ink spirisi,ppi .ri , - rin:qcy do : fm : at the tirne:of the Meeting COnnrienOes: 'AiiYont who is .tittahle: :toiatiend the •• meeting :hut who wlshLS to provide the City Council with written input or :',:eciininent: i:rikaY,:d.so by any of the following means BEFORE 5 30 pm on TehttOry 6, 2006: 2 1. By LETTER to the City Clerk City of Culver City, 9770 Culver Blvd., Culver City, CA 90232;1 2. By FAX to the city Clerk at 3107253-5830; or 3.- By E-MAIL t6-city.cletk@culvercity.org . The City Council Agenda Item Report will be available for viewing _ , on the Clty's website on or after February'', 2006 at www.Culverci- ty.org or at the City Clerk's Office or the Julian Dixon .Library4975 , Overland Avenue, Culver City. If you have any questions regarding this matter, please call Heather lk.er, Deputy City Atthrney, at (310) 253-5660prrAcsmetkr ORpINANCE NO 2005-009 AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF CHAPTER 703 OF THE CULVER CITY MUNICIPAL CODE RELATING TO PARKING OF OVERSIZED, NON-MOTORIZED AND COMMERCIAL VEHICLES, 72-HOUR PARKING LIMITATION AND VEHICLE HABITATION WHEREAS, the City of Culver City has experienced an increase in complaints regarding the parking and/or storage of oversized vehicles, including recreational vehicles campers trailers and boats, on City streets in residential and commercial areas throughout the City and WHEREAS, the parking of such vehicles throughout the City has caused the City and the community concerns regarding safety issues, including reduced visibility of dnvers when backing out of dnveways and entenng intersections resulting from oversized vehicles being parked on public streets and nghts-of-ways, as well as concerns of, visual blight and persons living in vehicles and WHEREAS, the public streets, highways, parkways and alleys are not intended to be used for the storage of vehicles or vehicle habitation, and WHEREAS the City acknowledges that the temporary parking of oversized and commercial vehicles is reasonably necessary for limited purposes such as activities that are preparatory or incidental to travel and the loading and unloading of goods / / / / / / / / / / / / / / / / / / / / -I- 2005-009 I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 L3°NOW THEREFORE, the City Council of the City of Culver City, California, DOES HEREBY ORDAIN as follows SECTION 1 Chapter 7 03 of the Culver City Municipal Code is hereby amended to add subchapter 7 03 600, et seq as follows PROHIBITED AND LIMITED PARKING OF OVERSIZED, NON-MOTORIZED AND COMMERCIAL VEHICLES § 7 03 600 Definitions § 703 605 Measurements § 7 03 610 Prohibitions § 7 03 615 Exemption § 7 03 620 Removal and Penalties § 7 03 625 Conflict of Provisions § 703 600 DEFINITIONS For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning Any term that is not defined herein shall have the meaning as set forth in the California Vehicle Code Chief of Police shall mean the Chief of Police of the City of Culver City or his or her designee Commercial Vehicle shall mean any vehicle having more than two axles or any single commercial vehicle or combination of said vehicles which exceed twenty feet (20') in length, any single commercial vehicle or combination of said vehicles eighty-four inches (84 ) or more in width, or any single commercial vehicle or combination of said vehicles having a manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or more A commercial vehicle includes a truck tractor but does not include a large motor vehicle or non-motorized vehicle as defined herein or a pick-up|1010| 1|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 -2- 2005-009 31|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 truck without a camper or sports utility vehicle Large Motor Vehicle shall mean any house car, pick up truck with camper, recreational vehicle or any other vehicle, or combination of vehicles, that measures more than twenty feet (20') in length, or is both more than eight-four inches (84 ) in width and eighty-four inches (84") in height The term "large motor vehicle" does not include a commercial vehicle as defined herein, a pick-up truck without a camper or sports utility vehicle Non-motorized Vehicle shall mean any trailer, boat, or any other device that can be used for transporting persons or property, and is not self- propelled Motor Vehicle shall mean any passenger vehicle, pick-up truck without a camper, sports utility vehicle motorcycle or motor-dnven cycle but shall not include a house car Police Department shall mean the Culver City Police Department Residential District shall mean any area within the City that is zoned R1 R2 R3, RLD RMD, RHD, and those portions of PD Zone districts which are specified for residential uses Vehicle Owner shall mean the registered owner or person who has possession custody or control of any motor vehicle large motor vehicle or non-motonzed vehicle § 703 605 MEASUREMENTS To determine the width or length of the vehicles defined in this subchapter, any extension to the vehicle caused by mirrors, air conditioners, or similar attachments shall not be included § 7 03 610 PROHIBITIONS A No person shall, at any time, park or leave standing any large motor vehicle or non-motonzed vehicle on any public street, highway, -3- 2005-0091|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 parkway or alley except|109| In residential districts large motor vehicles or non- motorized vehicles attached to a motor vehicle or large motor vehicle, which are parked adjacent to the vehicle owners residence, are allowed for a penod of time not to exceed forty-eight (48) consecutive hours for the sole purpose of loading unloading cleaning, battery-charging or other activity preparatory or incidental to travel|109| In residential districts, large motor vehicles, or non- motorized vehicles attached to a motor vehicle or large motor vehicle, which are parked adjacent to the vehicle owner's residence, may be allowed for an additional period of time of up to twenty-four (24) consecutive hours, but no more than a total of seventy-two (72) consecutive hours, provided an extension has been granted by the Chief of Police Any large motor vehicle, or non-motorized vehicle attached to a motor vehicle or large motor vehicle, which is parked on a public street, highway parkway or alley pursuant to either subsection (A)(1) or (A)(2) hereinabove shall, at the end of the permitted penod of time, whether forty- eight (48) or seventy-two (72) hours, be removed from its location and shall not be parked on any public street, highway, parkway or alley for a period of at least forty-eight (48) hours No person who owns or has possession, custody or control of any commercial vehicle shall park or leave standing any such vehicle on any public street highway, parkway roadway, alley or thoroughfare for more than three (3) hours, except 1 For such reasonable period of time in excess of three (3) hours that may be necessary for the purpose of making pick-ups or deliveries of goods wares, and merchandise from or to any building or structure or for -4- 30 2005-009 5I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 the purpose of delivering materials to be used for repair, alteration, remodeling, or construction of any building or structure upon a restricted street or highway or|109| For such reasonable period of time in excess of three (3) hours that may be necessary when such vehicle is parked in connection with the performance of a service to or on a property in the block in which such vehicle is parked or|109| For such reasonable time in excess of three (3) hours that may be necessary to make emergency repairs No person who owns or has possession, custody or control of any motor vehicle, large motor vehicle, non-motorized vehicle or commercial vehicle, which is six feet (6') or more in height, including any load thereon, shall park or leave standing any such vehicle on any street or highway within forty-five feet (45') of any intersection § 703 615 EXEMPTIONS The provisions of this subchapter shall not apply to the following A Any government, public utility or emergency vehicle, or Any motor vehicle, large motor vehicle, non-motorized vehicle or commercial vehicle that is parked on any public street, highway, parkway, roadway, alley or thoroughfare pursuant to a permit lease license or other entitlement issued by the City § 7 03 620 REMOVAL AND PENALTIES A Unless otherwise specified a violation of any provision of this subchapter shall be deemed a civil offense and punishable by a fine established by resolution of the City Council Any vehicle found in violation of this subchapter may be cited or -5- 2005-009removed, or both cited and removed, by any member of the Police Department authorized by the Chief of Police in the manner and subject to the requirements of this section and California Vehicle Code Sections 22651 and 22651 05 After any vehicle has been removed summarily as provided in subsection (B) above, the registered and legal owners of the vehicle shall be given the opportunity for a post-removal hearing to determine the validity of the storage of the vehicle in accordance with California Vehicle Code Section 22852 The procedures for hearings provided for in subsection (C) above shall be established by the Chief of Police and the hearing shall be held by the Chief of Police or his or her designee Said designee shall not be the person who directed the storage of the vehicle The disposition of any stored vehicle shall be in accordance with California Vehicle Code Sections 22850 5 through 22855 § 7 03 625 CONFLICT OF PROVISIONS In the event of any conflict between this subchapter and any other provisions of this Code this subchapter shall control SECTION 2 The title of Section 7 03 220 of the Culver Crty Municipal Code is hereby amended as follows § 7 03 220 USE OF STREETS FOR PARKING, STANDING OR STORING OF VEHICLES PROHIBITED SECTION 3 Sections 7 03 220 (C) (D) and (E) of the Culver City Municipal Code are hereby repealed (Note The provisions of repealed sections (C)(1) (D) and (E) have been relocated and revised in new subchapter 7 03 600, et seq as set forth above in Section 1 of this Ordinance and the provisions of repealed section (C)(2) have been -6- 2005-009 17|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 revised and adopted as a new section (C) as set forth below in Section 4 of this Ordinance ) SECTION 4 A new Section 7 03 220(0) is hereby adopted to read as follows Exemptions The provisions of subsections (A) and (B) above shall not apply to the following|109| Any government, public utility or emergency vehicle, or|109| Any motor vehicle, large motor vehicle, non- motonzed vehicle or commercial vehicle that is parked on any public street highway parkway, roadway, alley or thoroughfare pursuant to a permit lease, license or other entitlement issued by the City SECTION 5 Section 703 242 of the Culver City Municipal Code is hereby repealed and replaced with a new Section 7 03 242 as follows § 7 03 242 REGULATING VEHICLE HABITATION ON PUBLIC STREETS AND OTHER PUBLIC PROPERTY A Except in a venfiable emergency, no person shall use any vehicle parked or standing upon any public street, alley, right-of- way, public park or other public property as a temporary or permanent substitute for a residence or dwelling unit For purposes of this section|109| Evidence that a vehicle is being used as a temporary or permanent substitute for a residence or dwelling unit shall include, but not be limited to, use of the vehicle for living sleeping, cooking and/or bathing purposes,|109| The term "vehicle" shall include any boat and any device, operable or inoperable with or without wheels, by which any -7- 2005-009PFIER ARMENIA, City Clerk CHRIS ATTEST person or property may be propelled, moved or drawn upon any street or highway including but not limited to, a motor vehicle mobile home and trailer SECTION 6 Pursuant to Section 512 of the City Charter, this Ordinance shall take effect thirty (30) days after the date of its adoption Pursuant to Sections 514 and 517 of the City Charter, prior to the expiration of fifteen (15) days after the adoption, the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the Culver City News and shall post this Ordinance or a summary thereof in at least three places within the City SECTION 7 The City Council hereby declares that, if any provision, section, subsection paragraph, sentence, phrase or word of this ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City Council would have independently adopted the remaining provisions sections, subsections, paragraphs, sentences, phrases or words of this ordinance and as such they shall remain in full force and effect APPROVED AND ADOPTED this 7th day of November 2005 ALBERT M VERA Mayor City of Culver City, California APPROVED AS TO FORM I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 2005-009 -8-ATTAciiiiws 71010 111111=6.___-, From; Sent: To: Subject: Guzman, Liz on behalf of Attorney, City Tuesday, January 17, 2006 4:53 PM lker, Heather FW: Jan 17 deadline: Amendment for RV Parking Original Message From: DavBreg@aol.com [mailto:DavBreg@aol.coml Sent: Tuesday, January 17, 2006 2:31 PM To: Attorney, City; Schwab, Carol; Fulwood, Jerry Subject: Jan 17 deadline: Amendment for RV Parking Attention: Heather S. Iker, deputy city attorney Final Working document--Jan 17 deadline 1. (Modified) Permit parking system: For any legitimate resident of Culver City. Attach copy of valid current RV registration to inside of windshield or to-be-specified window of towed vehicle, visible to any Police Officer. Only street address without apartment or unit numbers needs to be readable. Name and/or apt numbers may be blacked out. The city and zip code needs to be readable. Alternate only if desired by registered owner: Permit from city of Culver City to be affixed to inside of windshield. Permit fee not to exceed clerical costs. Location of above in windshield to be specified by city attorney. Permit system for visitors to legitimate residents of Culver City to be determined by City Attorney. 2. Parking along curb in front of residence owned or rented by RV owner. City policy that no restrictions to be put in effect on this, except for any other applicable State or City laws. 3. Parking in front of any other Ri or R2 residence. City policy to encourage and /or allow owner, renter or other legitimate occupant of this residence to call police at any time asking for posting three day notice to remove or be towed. If city wishes establish one day notice or shorter. 4. If ticketed for Street Sweeping violation, immediately have Ticketing City employee affix Notice to Remove with three day limit. 5. Strictly enforce No Parking 3 to 6 AM where posted. 6. Ticket offending vehicles without Permit (see point 1 above); post two hour Notice to Remove or be Towed. END OF WORKING DOCUMENT Please review this and get back to me at (310) 837=.7332. Also email if additional. Thank you David Bregman, working closely with Mayor Vera Please place copy in Mayor Vera's in-box. 10|1013|