03/03/15 Page 1 Item #: 18 CITY OF DANA POINT AGENDA REPORT Reviewed By: DH X CM X CA X DATE: MARCH 3, 2015 TO: FROM SUBJECT: CITY MANAGER/CITY COUNCIL BRAD FOWLER, DIRECTOR OF PUBLIC WORKS AND ENGINEERING SERVICES TRAFFIC IMPROVEMENT SUBCOMMITTEE INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA AMENDING CHAPTER 12.08.050 AND ADDING CHAPTER 12.08.060 OF THE MUNICIPAL CODE TO ADDRESS PARKING OF COMMERCIAL AND RECREATIONAL VEHICLES ON PUBLIC STREETS AND TO EXTEND ENFORCEMENT OF THE ORDINANCE TO DESIGNATED PARKING LOTS USED BY THE PUBLIC IN THE CITY OF DANA POINT RECOMMENDED ACTION: That the City Council hold a Public Hearing and introduce an Ordinance to amend Chapter 12.08.050 and add chapter 12.08.060 (Action Document A) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA AMENDING CHAPTER 12.08.050 AND ADDING CHAPTER 12.08.060 OF THE DANA POINT MUNICIPAL CODE TO ADDRESS PARKING OF COMMERCIAL AND RECREATIONAL VEHICLES ON PUBLIC STREETS AND TO EXTEND ENFORCEMENT OF ORDINANCE TO DESIGNATED PARKING LOTS USED BY THE PUBLIC IN THE CITY OF DANA POINT. BACKGROUND: Following public complaints about oversized recreational and commercial vehicles parked on residential streets, the City Council previously amended the Municipal Code to restrict parking and storing of trailers, campers, outsized commercial vehicles and recreational vehicles (RV s) on residential streets, except for necessary business stops and on loading/offloading, short visits, etc. City Municipal Code Section 12.08.020 states that no person shall park or otherwise store any vehicle on a public street for more than seventytwo (72) consecutive hours. DISCUSSION:
03/03/15 Page 2 Item #: 18 Since the adoption of this Section, additional complaints from residents and parking lot owners/managers have been received about urban blight and public storage of private outsized recreational and commercial vehicles, particularly on residential streets and publically used parking lots. The Sheriff s Department has requested an Amendment to the Ordinance to 1) make it clearer for parking enforcement staff, 2) to close a loophole where residents simply move these vehicles a few feet every few days to skirt the intent of the Ordinance, and effectively storing these commercial and recreational vehicles on City streets, and 3) allow enforcement of the Ordinance to extend to parking lots used by the public where these vehicles are being routinely parked overnight or for uses other than shopping at the businesses, i.e. the intended use. In order to extend the provisions of the Ordinance amendment section to publicly used private lots, the City Council must find and determine that the private parking lots listed in Exhibit A to Section 12.08.060, are open to the public and are frequently and regularly used to serve commercial establishments and that the public health, safety and welfare required such private parking areas be subject to reasonable public regulation and control per State law. Council approval of the recommended action will be evidence the Council is making this finding and determination. All the Exhibit A list property owners have been given 10 days notice of this proposed action, as required by State law. Staff has met with nearly all these property managers, and after listening to their questions on the draft Ordinance amendment, modified the language to be responsive to their concerns. The Traffic Improvement Subcommittee held a Public Meeting on January 21, 2015 to review subject Amendment, and following discussion, the Subcommittee recommended the proposed Amendment to the City Council. Public Works staff and the Orange County Sheriff s Department concur. NOTIFICATION/FOLLOW-UP: None. FISCAL IMPACT: None. ALTERNATIVE ACTIONS: Other City Council directed actions. ACTION DOCUMENTS: PAGE NO: A. Amended/New Ordinance... 3 - Exhibit A List of publicly used private lot... 10
03/03/15 Page 3 Item #: 18 ACTION DOCUMENT A: Amended/New Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA AMENDING SECTION 12.08.050 AND ADDING SECTION 12.08.060 OF THE DANA POINT MUNICIPAL CODE TO ADDRESS PARKING OF COMMERCIAL AND RECREATIONAL VEHICLES ON PUBLIC STREETS AND TO EXTEND ENFORCEMENT OF THE ORDINANCE TO DESIGNATED PARKING LOTS USED BY THE PUBLIC. WHEREAS, Chapter 12.08 of the Dana Point Municipal Code entitled Parking Restrictions for City Streets provides for the prohibition of parking or of storing vehicles in certain areas of the City; and WHEREAS, section 12.08.050 of the Dana Point Municipal Code restricts the parking of Commercial Vehicles, Wide Vehicles, and Trailers on City streets; and WHEREAS, residents routinely park Commercial Vehicles, Wide Vehicles, and Trailers, on City streets in spite of the restrictions within section 12.08.050; and WHEREAS, the Sheriff s Department requested the City amend section 12.08.050 to make it easier for parking enforcement staff to enforce the parking restrictions and to prohibit residents from moving their vehicles a few feet every day to skirt the intent of section 12.08.050; and WHEREAS, the Sheriff s Department requested the City extend certain parking restrictions to private parking roads and parking areas in the City which are open to the public and frequently and regularly used to serve adjacent commercial establishments; and WHEREAS, Vehicle Code section 21107.6 provides a city may, by ordinance, find and declare that there are privately owned and maintained roads as described in such ordinance within the city which are generally held open to the public for purposes of vehicular travel to serve commercial establishments; and WHEREAS, Vehicle Code section 21107.8 provides a city may, by ordinance or resolution, find and declare that there are privately owned and maintained off-street parking facilities within the city that are generally held open for use of the public for purposes of vehicular parking; and WHEREAS, the Office of the Attorney General of the State of California has concluded that local authorities may regulate off-street parking facilities with respect to the parking of certain categories of vehicles; and
03/03/15 Page 4 Item #: 18 WHEREAS, the parking restrictions set forth in section 12.08.050 of the Municipal Code shall apply to the privately owned and maintained roads and off-street parking facilities identified in Exhibit A of this Ordinance; and WHEREAS, a Notice of Public Hearing was given to the owners and operators of the privately owned and maintained off-street parking facilities at least ten days prior to the Public Hearing on this Ordinance in accordance with law. NOW, THEREFORE, LET IT BE RESOLVED, that the City Council of the City of Dana Point does hereby resolve, order, and determine as follows: SECTION 1: Each of the above recitals is true and correct and is adopted by the City Council. SECTION 2: The City Council hereby finds that there are privately owned and maintained roads and off-street parking facilities, as identified in Exhibit A, which are generally held open to the public for purposes of vehicular travel to serve commercial establishments and vehicular parking. SECTION 3: Section 12.08.050 is hereby amended to read in its entirety as follows: 12.08.050 Commercial, Wide Vehicle and Trailer Parking Restricted. A. Definitions. The following definitions shall govern this Section 12.08.050: 1. Bus shall have the meaning set forth in California Vehicle Code Section 233. 2. Camp Trailer shall have the meaning set forth in California Vehicle Code Section 242. 3. Camper shall have the meaning set forth in California Vehicle Code Section 243. 4. Commercial Vehicle means any vehicle meeting the definition of commercial vehicle in Section 260 of the California Vehicle Code, as that definition may be amended from time to time; provided, however, that for the purposes of this Chapter no pick-up truck, as that term is defined in California Vehicle Code Section 471, shall be considered a commercial vehicle unless: (1) goods, wares, or property of a commercial nature loaded thereon extend about the manufacturer s box; or (2) the standard bed of the vehicle has been replaced with a utility or stake bed over eighty (80) inches in width; or (3) the vehicle has been modified to include a rack extending over the length of the vehicle s bed which currently has goods or wares of a commercial nature stored thereon.
03/03/15 Page 5 Item #: 18 5. Trailers shall mean and include all Trailers that are capable of human habitation, including but not limited to Camper Trailers, Campers, House Cars, and Trailer Coaches. 6. House Car shall have the meaning set forth in California Vehicle Code Section 362. 7. Recreational Vehicle ( RV ) shall have the meaning set forth in California Health and Safety Code Section 18010. 8. Trailer shall have the meaning set forth in California Vehicle Code Section 630. 9. Trailer Bus shall have the meaning set forth in California Vehicle Code Section 636. 10. Trailer Coach shall have the meaning set forth in California Vehicle Code Section 635. 11. Wide Vehicle shall mean and refer to any vehicle that has a width that is in excess of eighty (80) inches (excluding side view mirrors). B. Wide Vehicles. The following regulations shall to all Wide Vehicles: 1. Between the hours of 8:00 p.m. and 6:00 a.m., no person shall park any Wide Vehicle, other than to make deliveries or repairs of an emergency nature on either the Wide Vehicle itself or to the adjacent properties, on any of the following described street locations: a. Any public street or cul-de-sac, which has a curb width of forty-four (44) feet or less. b. Any street on which a traffic lane line has been painted where the distance between the painted lane line or centerline and the nearest part of the Wide Vehicle is eleven (11) feet or less. C. Commercial Vehicles. The following regulations shall apply to all Commercial Vehicles: 1. No person shall park or leave stopped or standing any Commercial Vehicle between the hours of 2:00 a.m. and 6:00 a.m. on any City street, designated publically used parking lots or alley except for the purpose of actively loading, unloading, or servicing the property immediately adjacent to the Commercial Vehicle. 2. No person shall park a Commercial Vehicle on a City street, designated publically used parking lot or alley for over two (2) hours between the hours of 6:00 a.m. and 2:00 a.m. This Subsection shall not preclude a
03/03/15 Page 6 Item #: 18 resident from parking one (1) Commercial Vehicle used for business and parked immediately adjacent to the property to which the Commercial Vehicle is registered, provided the size of the Commercial Vehicle does not violate Section 6.14.002(N), regulating oversize vehicles. 3. Subsections (1) and (2) of this section shall not apply to any of the following: a. Any Commercial Vehicle then currently involved in the construction, reconstruction, maintenance, or repair of any street designated publically used parking lot or alley upon which the Commercial Vehicle is parked or any development occurring directly in front of that property; b. Any Commercial Vehicle employed by any governmental entity or public utility which is used for urgent response purposes including, but not limited to, ambulances and utility repair vehicles; or c. Any Commercial Vehicle parked on an arterial street directly adjacent to the commercial/retail-zoned business property to which the Commercial Vehicle is registered. D. RVs, Buses, and Trailers. The following regulations shall apply to RVs, Buses, and Trailers: It is the intent of this subsection that RVs, Buses, Vehicles, and Trailers shall not be parked on City streets, or designated publically used parking lot except as provided herein. 1. No Trailer shall be left unattached to any vehicle on any City street, designated publicly used parking lot or alley for any period of time exceeding two (2) hours. 2. No person shall park, stop, or leave standing any RV, Bus, or Trailer,, regardless of width, on any street, designated publically used parking lot or alley in the City except: a. For the purpose of loading, unloading, or visiting, the residential (non-commercial) property immediately adjacent to the RV, Bus, or Trailer, for a period not to exceed twenty-four (24) hours; or b. If the RV, Bus,, or Trailer is parked immediately adjacent to the property to which it is registered and is used for daily business activities for a period not to exceed seventy-two (72) hours, if a City issued permit is obtained; or
03/03/15 Page 7 Item #: 18 c. If the RV, Bus,, or Trailer is parked immediately adjacent to the property which its occupants are visiting, for a period not to exceed seventy-two (72) hours, if a City issued permit is obtained. E. Parking Permits. The following regulation shall apply to all City issued parking permits: 1. Where a City parking permit is required above, a maximum of six (6), seventy-two (72) hour parking permit extensions may be issued per residential address per calendar year. Longer running permits may be issued for designated publically used parking lots at the request of the parking lot owner or manager. 2. A parking permit/extension shall be issued free of charge and may be obtained from the City of Dana Point. 3. The following information must be provided by the property owner: the date and time the on-street parking permit is needed; the name and address of the user and property owner requesting the parking extension; the make, model and license plate number; and the location where the vehicle will be parked. 4. If the parking extension has been obtained, the vehicle may be parked on a City street at the location, and during the period of time, authorized by the parking extension. 5. At the expiration of the initial twenty-four (24) hour or seventy-two (72) hour period, or at the end of any authorized parking permit extension, the vehicle shall be moved from any and all City streets or designated publically used parking lots for the ensuing seventy two (72) hour period. 6. No two (2) consecutive parking extensions shall be granted within a six (6) day period. City parking permits shall not be issued for unattached boat or supply trailers. SECTION 4: Section 12.08.060 is hereby added to the Dana Point Municipal Code to read in its entirety as follows: 12.08.060 Private Off-street Parking Facilities. A. The Council hereby finds and determines that there are certain private roads and parking areas within the City which are open to the public and frequently and regularly used to serve commercial establishments and that the public health, safety, and welfare require such private roads and parking areas to be subject to reasonable public regulation and control. B. Pursuant to Sections 21107.6 and 21107.8 of the California Vehicle Code, the off-street private parking areas and privately-owned streets identified in Exhibit A,
03/03/15 Page 8 Item #: 18 attached to Ordinance XXX, adopted March XX, 2015, a copy of which is on file in the Office of the City Clerk, are hereby found to be open to the public and are hereby declared to be subject to traffic regulation by the County Sheriff, or such other law enforcement agency as may be designated by the Council. C. The parking restrictions set forth in section 12.08.050 of this Code shall apply to each of the off-street parking facilities identified in Exhibit A so long as the owner or operator of the off-street parking facility has posted a sign in compliance with Vehicle Code section 21107.8(b). SECTION 5: CEQA Determination. In adopting this Ordinance, the City Council finds that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of Regulations Sections 15061(b)(3) and 15378, in that it can be seen with certainty that the adoption of the Municipal Code amendments propose no activity that may have a significant effect on the environment and will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. SECTION 6 Effective Date. This Ordinance shall become effective thirty (30) days after its passage and adoption. Within fifteen (15) days of the date of adoption of this Ordinance, the City Clerk shall post a copy of said Ordinance in places designated for such posting and shall certify to the same. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED and ADOPTED this day of March, 2015. CARLOS N. OLVERA, Mayor ATTEST: KATHY M. WARD, City Clerk
03/03/15 Page 9 Item #: 18 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF DANA POINT ) I,, City Clerk of the City of Dana Point, do hereby certify that the foregoing Resolution No. was introduced at a regular meeting of the City Council of the City of Dana Point held on the day of, 2015 and was thereafter duly and regularly passed and adopted by the Council of the City of Dana Point at its regular meeting held on the day of, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN:
03/03/15 Page 10 Item #: 18 Exhibit A List of publicly used private lots Parking Lot Location APN Monarch Bay Plaza 670-011-30 Doheny Plaza (Jack s) 668-271-12 Remainder of Doheny Plaza 668-271-07 Big 5 121-254-13 Lantern Bay/Majestic 682-313-16 Albertsons 668-401-05 Brio 672-482-13 Ocean Ranch Village I 673-481-20 673-481-21 673-481-22 673-481-24 673-481-25