HomeMy WebLinkAbout2010/11/23 Item 17
CITY COUNCIL
AGENDA STATEMENT
~(f~ C1lYOF
.~ (HULA VISTA
November 23,2010, Item No. 17
ITEM TITLE:
REVIEWED BY:
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
SECTION 10.52.465 TO CHAPTER 10.52 OF THE CHULA VISTA
MUNICIPAL CODE TO PROHIBIT PARKING CARS FOR SALE
ON PUBLIC STREETS ONLY IN AREAS WHERE SIGNS ARE
POSTED
CITY ATTORNEY'S OFFICECg'----..
CITY ATTORNEY'S OFFlCEq-
4/STHS VOTE: YES 0 NO ~
SUBMITTED BY:
SUMMARY
In response to citizen concerns involving persons conducting the business of selling vehicles on
public streets the City Attorney's Office and the Chula Vista Police Department recommend the
adoption of a parking ordinance restricting this activity where signs are posted. Currently there
is no Chula Vista Municipal Code provision that restricts persons from parking cars. being listed
for sale on public streets.
City staff is concerned about the aesthetic appearance of City streets.when specific areas morph
into used car lots. Certain streets in Chula Vista have effectively become just that with rows and
rows of cars parked with signs listing them for salc. Some of the cars being parked for sale are
not registered in California or even the United States.
The persistent parking of cars for sale in these areas prevents other Chula Vista citizens from
using these same parking spots to canvass our local merchants. In addition, citizens have
complained that these. persons are taking business from local car salesmcn because they have
parked their cars adjacent to these establishments.
l'vIorcover, the Police Department does possess public safety concerns with regard to streets that
contain vehicles being listed for sale. Traffic control officers have stated that there is a tendency
for motorists to slow down to view the vehicles causing traffic blockage and the possibility of
accidents.
Staff recommends that the Council adopt the following ordinance within the parking and traffic
provisions within the Chula Vista Municipal Code: "It is unlawful for any person to park a
vehicle that visibly contains a 'for sale' sign on it that offers the vehicle for sale where there are
signs posted forbidding this activity."
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So long as staff has not posted signs under tbis ordinance on a specific street parking a car with a
"for sale" sign would not be prohibited. Therefore, Cbula Vista citizens would still be permitted
to park their vehicles listing them for sale in other, non-posted areas.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California Environmental
Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined
under Section 15378 of the state CEQA Guidelines because it will not result in a physical change
in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelll1es,
[he activity is not subject to the CEQA. Thus, no environmental review is necessary.
RECOMMENDA nONS
Council adopt the proposed ordinance.
BOARDS/COMMISSION RECOMMENDA nON
N/A.
DECISION MAKER CONFLICT
There are no conflicts based on the 500-foot proximity of councilmember property holdings.
FISCAL IMP ACT
None anticipated.
A 1'1' ACHMENTS
1. Proposed Ordinance.
Prepared by- Chance Hawkins. Deputy City Attorney, City Attorney's Office
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
ADDING SECTION 10.52.465 TO CHAPTER 10.52 OF
THE CHULA VISTA MUNICIPAL CODE TO
PROHIBlT PARKING CARS FOR SALE ON PUBLIC
STREETS ONLY IN AREAS WHERE SIGNS ARE
POSTED
WHEREAS, the Chula Vista Municipal Code does not contain a regulation
forbidding persons from parking their vehicles and listing them lor sale on public streets;
WHEREAS, Chula Vista citizens have complained to City Council ahout persons
parking cars amI listing them for sale on specific public streets;
WHEREAS, the Chula Vista Police Department has identified public safety
tranic concerns when persons park their vehicles with signs listing them for sale causing
other vehicles to slow down and disregard traffic laws;
WHEREAS. City stafT and the City Council are concerned about the aesthetics of
certain public streets becoming areas where vehicles are commonly being parked and
listed for sale;
WHEREAS, the Chula Vista Municipal Code needs to be amended to prohibit the
parking of vehicles with signs visibly listing them for sale on public streets where signs
are posted forhidding this activity;
WHEREAS, Chula Vista citizens may still list their vehicles for sale and park
them in their driveways or in areas where there are no signs posted forbidding this
activity; and
WHEREAS, other than the addition of to Section 10.52.465, the remainder of
Chapter 10.52 will remain the same.
NOW, THEREFORE, the City Council of the City ofChula Vista does, hereby, ordain as
follows:
SECTION I. That section 10.52.465 be added to Chula Vista Municipal Code Chapter
10.52 to read as follows:
10.52.465 Parking Vehicles Listed For Sale On Public Streets
It is unlawfi.ll for any person to park a vehicle that visibly contains a "for sale" sign
on it that offers the vehicle for sale where there are signs posted forbidding this
activity.
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SECTION II. EFFECTIVE DATE.
This ordinance will take effect and be in force thirty days after final passage.
Chance Hawkins
Deputy City Attorney
Approved as to form by
-? .
~---~~-
Bart C. Miesfelde> 'ti>J7 '7
City Attorney
Presented by
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