BUSINESS OF THE CITY COUNCIL CITY OF MERCER ISLAND, WA

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BUSINESS OF THE CITY COUNCIL CITY OF MERCER ISLAND, WA September 21, 2009 Regular Business OVERSIZED VEHICLE PARKING ORDINANCE (1 ST READING) Proposed Council Action: Conduct first reading of

1 BUSINESS OF THE CITY COUNCIL CITY OF MERCER ISLAND, WA September 21, 2009 Regular Business OVERSIZED VEHICLE PARKING ORDINANCE (1 ST READING) Proposed Council Action: Conduct first reading of ordinance adopting parking restrictions for boats, trailers, and oversized vehicles. DEPARTMENT OF COUNCIL LIAISON EXHIBITS City Attorney (Shane Moloney) n/a 1. Neighborhood petition from Mr. Agather 2. Summary of other jurisdictions' oversized vehicle restrictions 3. Proposed Ordinance No. 09C-12 APPROVED BY CITY MANAGER AMOUNT OF EXPENDITURE $ n/a AMOUNT BUDGETED $ n/a APPROPRIATION REQUIRED $ n/a SUMMARY CITIZEN COMPLAINT: On September 8, 2009, Michael Agather, a Mercer Island resident, addressed the Council during public appearances and requested the Council to change the City Code to prevent oversized vehicles from parking on city streets for extended periods of time. Staff was directed to return with an ordinance addressing the concerns raised by Mr. Agather. Mr. Agather provided City staff with the petition that is attached to this agenda bill as Exhibit 1. The petition has 23 signatures on it and requests the Council to amend the parking ordinance to prevent violators from avoiding penalties by making inconsequential changes in where the vehicle is parked. A hand written notation on the petition references Seattle s oversized vehicle parking regulation, which prohibits vehicles that are wider than 80 inches from parking on Seattle s streets between midnight and 6 a.m. The petition also included pictures of a recreational vehicle that the petitioners view as an eyesore. EXISTING LAW AND ENFORCEMENT ISSUES: The City of Mercer Island s current relevant code provision (MICC ) prohibits any person from parking any vehicle upon any City street or highway, or the right-of-way portion thereof, for a continuous period in excess of 72 hours. Pursuant to this law, as long as the subject vehicle is moved within the 72 hour period, the 72 hour rule is not violated. The only practical way the City can enforce this regulation is to mark the subject vehicle s tires and check back after 72 hours has passed to determine whether the vehicle has moved. Page 1

2 This method of enforcement, which is done on a complaint basis, is effective to prevent junk vehicles from being stored on City streets. However, Mr. Agather and his neighbors have complained that the owners of the Recreational Vehicles (RVs) in their neighborhood move the RVs mere inches for the sole purpose of avoiding the 72-hour rule. Although such movements violate the purpose and spirit of the 72-hour rule, law enforcement has no practical way of proving that movement of a vehicle was minute and only for the purpose of avoiding the 72-hour rule. Unless a vehicle is under constant 72-hour surveillance, the City has no practical way to prove whether the movement of a vehicle was only for the purpose of avoiding the 72- hour rule. As a result, the 72-hour rule does not effectively prevent owners from moving their vehicles short distances purely to avoid enforcement of the 72-hour rule. Although this loophole to the 72-hour rule potentially affects enforcement of the rule against vehicles of all sizes (from motorcycles to RVs), there is no significant history of citizen complaints about smaller vehicles being moved slightly to avoid enforcement of the 72-hour rule. Rather, complaints have been limited to the parking and storage of oversized vehicles, such as RVs, trailers, and boats, which neighbors argue diminish the attractiveness of their neighborhoods and values of their homes, and cause potential safety issues when parked in a way that limits the line of sight for passing drivers. SOLUTION: Staff believes a new code provision that limits parking of boats, trailers, and oversized vehicles will adequately address the concerns of the citizens who signed the petition attached as Exhibit 1. What Other Jurisdictions Are Doing: Other jurisdictions have passed a wide variety of laws that restrict the parking and/or storage of RVs, boats, trailers, and/or other oversized vehicles. The Municipal Research and Services Center of Washington published a summary of some of the city ordinances that address this issue in the document attached to this agenda bill as Exhibit 2. A number of cities regulate parking and storage of large vehicles through their respective zoning and land use codes rather than parking regulations. Bellevue, for example, prohibits recreational vehicles, trailers and boats from being parked or stored in any residential land use district for purposes other than loading or unloading unless the vehicle is screened from public view. This prohibition applies not just to parking on city streets but also to parking on private property, including the owner s driveway. Staff does not recommend such broad changes to the Mercer Island City Code, because it would involve more complicated code changes that would go beyond the scope of the current citizen complaints. If the Council wishes to regulate parking and storage of large vehicles on residentially zoned property through the zoning code, this matter should be referred to the Planning Commission for the consideration of such regulations. Staff s Proposed Ordinance: Staff recommends taking a more targeted approach by considering the adoption of Ordinance No. 09C-12. Ordinance No. 09C-12 prohibits parking of boats, trailers, and oversized vehicles. The ordinance includes exceptions for loading and unloading, deliveries and pickups, parking that is allowed by a building or construction permit, and parking pursuant to a right of way agreement with the City. The ordinance was drafted after review of other jurisdictions parking ordinances and consultation with the Police Department regarding enforcement issues. Staff believes the proposed ordinance would provide an enforceable means of prohibiting storage of boats, trailers, and oversized vehicles on City streets, while allowing for reasonable periods of parking for limited purposes. Page 2

3 Ordinance No. 09C-12 defines oversized vehicles as any vehicle over 22 feet in length or over 9 feet in height. These dimensions are based upon a comparison of the heights and lengths of vehicles citizens may commonly use as their regular commuting vehicles and the heights and lengths of recreational vehicles and commercial trucks (such as U-Hauls). Below is a table listing the applicable dimensions of some common commuting vehicles and oversized vehicles: Vehicle Type Vehicle Length Vehicle Height 2009 Cadillac Escalade SUV Chevy Silverado Crew Cab Long Bed GMC Savana Van Chevy Express Cargo Van Dodge Sprinter Van 144 WB Dodge Sprinter Van 170 WB U-Haul 10 Mini Moving Truck U-Hall 14 Thrifty Moving Truck Ventura Class B Motor home to Chateau Citation Sprinter RV 24 6 to Four Winds Siesta Class C Motor home 22 8 to Magellan Class A Motor home to SUMMARY Use of the right of way for parking is intended to be limited to temporary parking of vehicles that are regularly used. The right of way is not intended to be used for storage of boats, trailers, or vehicles that are used only occasionally. Ordinance No. 09C-12 effectively closes the loophole in the 72-hour rule with respect to boats, trailers, and oversized vehicles, which are generally not used by citizens every 72 hours and tend to be the source of citizen complaints due to their appearance and adverse affects on roadway safety. Meanwhile, the existing 72-hour rule will continue to be enforced with respect to normal sized vehicles. RECOMMENDATION Assistant City Attorney MOVE TO: Conduct first reading of Ordinance No. 09C-12 and set it to October 5 th for second reading and adoption. Page 3

4 flcc~d9 ~4ü~ c~ PETITION This is a petition asking the council to amend the parking ordinance to prevent violators from avoiding penalties by making ~O 5 IklcG.jruL.ci1imeteri& changes in where the vehicle is parked. Sc~a-H.c- altu5&r-6~* Name ~s Name / L?b~Z~R K~ %_( /~ ~S3?co~q~ ~dic~ye~ Exhibit 1 Page 4

5 ~ontact List 400 Block of 79th Ave SE Last Ni~me First Name Address Home # eeii (1) Cell (2) (~) 1 Rempe Don & Dorthy donrernoe@comcast.ne 2 Lovell Walter & Connie , connieloveilc~comcast.r 3 JoneslShort All & Ken q6-94Ø-6262 alikavo8o9@hotrnail.coi 4 Agather Mike & Kathy ~ agathermk@comcast n 5 Soter Rick & Ellen cl6-75~-4097 ricksoter@comcast.net 6 Wallace Calvin & Kay mizkavlw@comcast.net 7 Chinn Kay chankchinn@corncastn 8 Andrews Steve & Elizabeth rbless~@com~stnel 9 Brasfielct Larry & Giane dmsbrasfield@iinet corn 10 Kalas Theresia & Vaclouv betulananpc~msn corn Parking in excess of 72 hours. No person shall park any vehicle upon any city street or highway, or the right-of-way C portion thereof, for a continuous period in excess of 72 hours. (Ord , 1978) Parking not to obstruct traffic. No person shall park any vehicle upon a city street in such a manner or under such conditions as to leave available for free movement of vehicular traffic less than eight feet of width r~uired from the cente line of a two lane roadway... (Ord. 4511, 1978). Angela Stewart 7915 SE 34th &~kt~ - Jim & Charlotte Wilhelm th Ave. SE Bonnie Parker 8000 SE 34th P1. 0 6L Ardell Fromm 8023 SE 34th P1 Virginia Anion th Ave. SE Exhibit 1 Page 5

6 I e firrior I, a p I Would you like a permanent view of this 1W from your front windows? This family lives with closed shades. I. ~ P~.. ill~~ A.:$ ~ f0~ -I Exhibit 1 Page 6

7 Updated 03/09 Parking and Storage of Oversized Vehicles (Commercial Vehicles, RV's, Boats) Contents About Parking and Storage of Oversized Vehicles Ordinance Provisions MRSC Related Pages Comprehensive Parking Regulations Parking in Yards - See Automobile Storage - Too Many Parked Cars About Parking and Storage of Oversized Vehicles Restrictions for on-street and off-street parking of oversized vehicles and recreational vehicles vary from community to community. The definitions of "oversized vehicles" vary, as do the length of time such vehicles are allowed to park, if at all. Some jurisdictions define oversized and commercial vehicles by gross weight, such as 12,000 lbs, or 10,000 pounds gross vehicle weight rating. Others may define them in terms of length and height, for example 12 feet long, or in the case of Seattle, 80 inches wide. Even more specific are combinations of height and weight such as a commercial vehicle not more than nine feet in height and 22 feet long, or, in the North Bend code provisions, a truck-tractor, truck and/or trailer, truck-tractor and/or semitrailer combination over 32,000 pounds licensed gross weight, over 80 inches in width, or over 30 feet in length. Most communities prohibit overnight parking of trucks in residential areas. A few, such as Edmonds, provide for off-street parking in a residential zone by permit, or in the example from Federal Way (below), in accordance with specific zoning requirements. Vehicles, such as campers and RVs are allowed in residential areas under various zoning requirements. A few cities allow temporary on-street parking, such as Burlington, which limits the parking to two consecutive days or no more than two days in any seven-day period. Tacoma allows a maximum of 7 calendar days for a vehicle, boat trailer, recreation trailer, camper, or other licensed or unlicensed vehicle or device on the street. Most cities require boats to be stored off-street and to be sight screened. Some allow temporary on-street parking of a short duration. Ordinance Provisions Battle Ground Municipal Code Chapter Truck and Trailer Parking on Residential Streets Bellevue Land Use Code Section Recreational Vehicles, Watercraft, and Utility Trailers Burlington Municipal Code Section Parking Restrictions for Commercial and Recreational Vehicles Clark County Code Chapter Truck and Trailer Parking on Residential Streets Des Moines Municipal Code Section Parking and Storage of Recreational, Utility, and Commercial Vehicles in Residential Neighborhoods Edmonds Municipal Code Section Commercial Vehicle Regulations - Storage in R zoned districts Federal Way Municipal Code Chapter 22, Article XII Division Commercial Vehicles, Recreational Vehicles, and Boats Issaquah Land Use Code Section Parking and Storage of Vehicles and Boats Lake Forest Park Ordinance No Regulates parking of commercial truck, trailer, or any type of construction equipment in residential zone except for loading or unloading, passed North Bend Municipal Code Chapter Parking (Trucks in Multi-family Zones, Time Limits for Large Commercial Vehicles) Exhibit 2 Page 7

8 Olympia Unified Development Code Section (F) - Pleasure Boat Storage Pullman Municipal Code Chapter ( 72 KB) - See Recreational Vehicle and Trailer Parking and Storage Regulations and Camper and Canopy Storage Regulations Puyallup Municipal Code Section (3) - Performance Standards RS Zones - Outdoor Storage of Vehicles Redmond Community Development Code Section 20D Parking and Storage of Recreational, Utility and Commercial Vehicles in Residential Neighborhoods Renton Municipal Code Title X, Section Parking of Certain Commercial Vehicles or Vehicles over Twelve Thousand Pounds Gross Vehicle Weight Regulations Seattle Municipal Code Section Commercial and Large Size Vehicles Sequim Sequim Municipal Code Section ( 182 KB) - Recreational Vehicles, Boats and Trailers - parked on street Sequim Municipal Code Chapter ( 182 KB) - Commercial Vehicle Parking Regulations Sequim Municipal Code Section ( 1.2 MB) - Parking and Storage of Recreational Vehicles, Boats and Trailers on Residential Property Tacoma Municipal Code Section through ( 3.50 MB) - MTO -Covers commercial vehicles and time restrictions on recreational vehicles Related Resources MRSC Index - Overnight and oversized vehicle parking, including parking trucks and recreational vehicles overnight on city streets, camping in vehicles MRSC Index - Green River ordinances Exhibit 2 Page 8

9 CITY OF MERCER ISLAND ORDINANCE NO. 09C-12 AN ORDINANCE OF THE CITY OF MERCER ISLAND, WASHINGTON, AMENDING MERCER ISLAND CITY CODE CHAPTER 10.36, RULES OF THE ROAD BY ADOPTING A NEW SECTION TO REGULATE OVERSIZED VEHICLE PARKING AND STORAGE ON CITY STREETS, HIGHWAYS, AND RIGHT-OF-WAYS AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, storage and parking of boats, trailers and oversized vehicles such as recreational vehicles, campers, and commercial trucks on city streets can diminish the value and desirability of neighboring properties and diminishes the aesthetic qualities of Mercer Island s neighborhoods; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MERCER ISLAND, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1: MICC Chapter Rules of the Road. MICC Chapter Rules of the Road is hereby amended to create a new section, MICC , as follows: Parking of oversized vehicles, trailers, and boats Unlawful A. It is unlawful for any person to park or store a boat, trailer, or oversized vehicle on a city street, highway, or the right of way portion thereof. B. The restrictions set forth in this section shall not apply to the following: 1. Temporary parking on a street, highway, or the right of way portion thereof that abut the lot upon which the owner or operator resides so long as such parking is solely for the purpose of loading or unloading of persons or things and so long as such temporary parking may not occur on more than two days in any seven-day period; 2. Temporary parking for purpose of deliveries or pick-ups; provided, however, that such parking does not last for more than 3 hours; 3. Temporary parking or storage that is permitted pursuant to MICC or a valid City issued construction or building permit. C. For the purposes of this section, oversized vehicle means any vehicle over 22 feet in length or over 9 feet in height. Section 2: Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Exhibit 1 Page 9

10 Section 3: Effective Date. This Ordinance shall take effect and be in force on 30 days after its passage and publication. PASSED by the City Council of the City of Mercer Island, Washington at its regular meeting on the 5th day of October, 2009 and signed in authentication of its passage. CITY OF MERCER ISLAND ATTEST: Jim Pearman, Mayor Allison Spietz, City Clerk Approved as to Form: Katie Knight, City Attorney Date of Publication: Exhibit 1 Page 10

STAFF REPORT FOR THE PLANNING COMMISSION MEETING OF JULY 29, 2009 FILE NO: ZCA AGENDA ITEM: H-4

STAFF REPORT FOR THE PLANNING COMMISSION MEETING OF JULY 29, 2009 FILE NO: ZCA-09-057 AGENDA ITEM: H-4 STAFF AUTHOR: Lee Plemel, Planning Director APPLICANT: Carson City Planning Division SUBJECT: Action