HomeMy WebLinkAboutAgenda Statement 1987/02/03 Item 8 COUNCIL AGENDA STATEMENT
Item 8
Meeting Date 2/3/87
ITEM TITLE: Ordinance„C/j 0 Amending Section 10.52.090 of the Chula
Vista Municipal Code relating to the parking of commercial
vehicles in residential districts �j
SUBMITTED BY: Director of Public Works/City Engineer 4 4
Director of Public Safety
Director of Planning SECOND READING AND ADOPTION
REVIEWED BY: City Manager(. (4/5ths Vote: Yes No X )
At its meeting of January 20, 1987, the City Council considered an ordinance
which would have restricted the parking of heavy duty commercial or other
vehicles (i .e. , recreational vehicles) in residential districts to 72 hours.
It was staff' s recommendation that the ordinance not be adopted. (See
Attachment 4. )
After discussion, Council continued the item to January 27, 1987, for a
history of this item, background material and a clearer definition of
commercial vehicles.
RECOMMENDATION: That Council adopt the attached ordinance revising Section
10.52. 090 to the Municipal Code relating to the parking of commercial vehicles
in residential districts (Attachment 8) and file proposed Ordinance 10.59.096
relating to 72-hour limit (Attachment 4, pp. 4 and 5).
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission voted not to
consider the previous ordinance. There was insufficient time to have the
Safety Commission review the latest ordinance and meet the Council set
deadline.
DISCUSSION:
At the November 25 public hearing, there were two related items on the
agenda. No. 1 was a public hearing considering amendments to Title 10 and 19
of the Municipal Code regarding the parking, storage, and repair of vehicles
on public and private property (Attachment 5). The related item on the agenda
was the report on proposed ordinances adding Section 10. 52.096 to the Chula
Vista Municipal Code to prohibit the parking of any heavy duty commercial or
other vehicles from parking in a residential area for more than three hours
and a report on an ordinance adding Section 10.52.095 to the Chula Vista
Municipal Code relating to the parking of certain vehicles within 100' of an
intersection (Attachment 6). At that meeting, the Council adopted Ordinance
#1276 amending Chapters 10.52, 10.84, 19. 58, 19.62, and 19. 70 relating to
Page 2, Item 8
Meeting Datc -'2/3/87
community appearance and parking (Attachment 3). Part of that ordinance
revising Section 10. 52.090 titled Commercial vehicles parking in residential
districts-prohibited when was revised to indicate commercial vehicles are
those whose primary use is for commercial purposes; increased the vehicle
weight for a commercial vehicle from 10,000 pounds or more to 12,000 pounds or
more; added the requirement that this ordinance include parking on private as
well as public property. However, this ordinance did not have a detailed
definition of commercial vehicles in residential districts.
The second related item discussed at the public hearing were the two new
proposed ordinances, Sections 10. 52. 096 limiting the parking time of heavy
duty commercial or other vehicles (i.e. , recreational vehicles) from parking
in a residential area for more than three hours, and an ordinance adding
Section 10.52.095 relating to the parking of certain vehicles within 100' of
an intersection. Council decided to file the ordinance relating to parking
within 100' of an intersection. Council further directed that the ordinance
relating to parking of heavy duty commercial or other vehicles be modified to
allow up to 72 hours for parking in a residential area but tighten up the
72-hour provision so that RV owners could not simply drive around the block
and virtually park continuously in front of their house.
On January 20, staff returned to Council with the revision to Section
10.52.096 which would limit the parking of heavy duty commercial and other
vehicles to 72 hours within a residential district out of a period of 4 days.
However, staff recommended that the ordinance not be approved due to the
reasons discussed in the A-113 (Attachment 4). Staff' s position was that if
the goal of the Council was to prohibit the parking of heavy duty commercial
vehicles and other vehicles on residential streets, allowing them to park for
72 hours would be virtually impossible to enforce, and it really would not be
an effective tool to prohibit RVs from parking in residential districts. It
should be remembered that Ordinance #10. 52.090 already prohibits COMMERCIAL
vehicles from parking in residential districts for more than 5 hours. But
that section does not restrict RV vehicles. Council was concerned that the
ordinance--10.52.090--did not detail accurately enough the definition of
commercial vehicles to include such things as dump trucks. They felt that if
the ordinance before them were filed, certain types of commercial vehicles
that might be less than 12,000 pounds would still be allowed to park in
residential districts. Staff was, therefore, directed to return with wording
to correct that deficiency. The second revision to Ordinance 10.52.090
reflecting that direction has been prepared and is before the Council this
evening (Attachment 8). Council also requested that staff return with a
chronology of events on this whole issue and provide all of the backup
material . The chronology and backup material are attached to the report as
defined below.
Attachment 1 : Chronology of Events
Attachment 2: Ordinance No. 10.52.090 as existed prior to any modifications
in 1986
Attachment 3: Ordinance No. 1276 adopted by City Council as revised on
December 2, 1986
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Meeting Date 2/3/87
Attachment 4: Council agenda statement for the meeting of January 20, 1987,
relating to parking of heavy duty commercial or other vehicles
Attachment 5: The agenda statement and attached material for the public
hearing on November 25, 1986, regarding parking, storage, and
repair of vehicles on public and private property
Attachment 6: The report on the ordinance amending Section 10.52.096 to the
Chula Vista Municipal Code to prohibit parking of heavy duty
commercial or other vehicles (i.e. , RV) from parking in a
residential area for more than 3 hours: and report on the
ordinance adding Section 10.52.095 to the Chula Vista
Municipal Code relating to the parking of certain vehicles
within 100' of an intersection
Attachment 7: Minutes for the public hearing on November 25 and the public
hearing held by the Planning Commission on October 22, 1986
Attachment 8: Modified ordinance for Section 10. 52.090 before the Council on
January 27 more clearly defining commercial vehicles in
residential districts
If the Council adopts the proposed ordinance amending Section 10. 52.090 of the
Municipal Code and files the proposed ordinance before them on January 20,
1987, adding Section 10.52.096 of the Municipal Code, the impacts will be as
follows:
1. Commercial vehicles will not be allowed to park in residential districts
for more than 5 hours. Furthermore, the definition of commercial vehicles
will include vehicles which are used primarily for commercial purposes,
are more than 12,000 pounds in weight, and will include but not be limited
to such vehicles as dump trucks, moving vans, tractors, pole or pipe
dollies.
2. Residential district shall be defined as any block in which over 50% of
the ground-level buildings fronting on said block are dwellings.
3. Recreational vehicles or other vehicles not used primarily for commercial
purposes will be allowed to park on City streets for 72 hours. However,
the result of this provision (which is currently in the State Vehicle Code
and the City Ordinance) will not prohibit RVs from parking on the streets;
it will simply make them move the vehicles every 72 hours. If it is the
desire of the Council to prohibit RV vehicles from parking on City
streets, then more consideration needs to be given to this issue as
further discussed in the staff report for the meeting of 1/20/87
designated in your packet as Attachment No. 4.
FISCAL IMPACT: Not applicable.
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WPC 2578E
y the City Council of by the City Council of
Chula Vista, California Chula Vista, California
Dated ? -d Dated -