Loading...
HomeMy WebLinkAboutORD-16-1359 (OVERSIZED VEHICLES)1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 16-1359 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 10.32.340 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING PARKING OF OVERSIZED VEHICLES THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 10.32.340 of the Hermosa Beach Municipal Code is amended to read as follows: A. For purposes of this Section, "Oversized Vehicle" shall mean any vehicle, as defined by Section 670 of the California Vehicle Code, or combination of vehicles, which exceeds twenty (20) feet in length or seven (7) feet in width, exclusive of projecting lights or devices allowed by Sections 35109 or 35110 of the California Vehicle Code, as may be amended. Oversized Vehicle does not include pickup trucks or sport utility vehicles, which are less than twenty-five (25) feet in length and eighty-two (82) inches in height. B. Except as provided in this Section, no person shall park or leave standing any Oversized Vehicle upon any public street or highway or in a public parking lot in the City. C. The prohibitions contained in this Section shall not apply to any of the following: 1. Oversized Vehicles for which an Oversized Vehicle Parking Permit has been issued in accordance with this Section; 2. Oversized Vehicles parked or left standing as a result of a mechanical breakdown so as to allow the performance of emergency repairs on the vehicle for a period not to exceed seventy-two (72) hours; 3. Commercial vehicles making pickups or delivery of goods, wares or merchandise, or while providing services to a residence, including, but not limited to, yard maintenance, pool care and maintenance, repair and construction services; 4. Tow trucks and similar vehicles that are in the course of providing services; 5. Public or utility vehicles that are in the course of providing services; Page l of 7 Ma91r1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. Any public emergency vehicle; and 7. The parking of any Oversized Vehicle during the pendency of any state of emergency declared to exist within the City of Hermosa Beach. D. Registration of Oversized Vehicles 1. Each person registering an Oversized Vehicle with the City must file with the Finance Department a completed application containing the following: a. The name, address, and phone number of the registered owner of the designated Oversized Vehicle; b. The name, address, and phone number of the applicant for the registration; C. Proof of residency. Acceptable proof of residency must be current and must include the following: i. California Driver's License or California Identification Card and one of the following: ii. Property Tax Bill or Public Utility Bill, showing the service address; iii. Residential Rental or Lease Agreement signed within the last thirty (30) days; d. Current registration from the California Department of Motor Vehicles, or equivalent agency in another state, for the Oversized Vehicle; e. The license number, make, and model of the designated Oversized Vehicle; f. Additional information the Finance Department may require; and g. The applicant's signature under penalty of perjury. 2. The City will issue Oversized Vehicle Registration Stickers to persons who meet the requirements listed above and pay a fee that will be set by resolution of the City Council. Oversized Vehicle Registration Stickers must be displayed on the street side of the bumper of an Oversized Vehicle so it is clearly visible from the street. E. Oversized Vehicle Parking Permits Page 2 of 7 16-1359 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. The purpose of authorizing the issuance of Oversized Vehicle Parking Permits is to give owners of Oversized Vehicles the opportunity, for a limited time, to park the Oversized Vehicle on a public street or highway directly in front of, on the side of, or as close as possible to their own residence, and to allow an out-of-town visitor who owns an Oversized Vehicle to park on a public street or highway directly in front of, on the side of, or as close to the residence which the out-of-town visitor is visiting for a limited time period. 2. Oversized Vehicle Parking Permits shall be issued by the Community Services Division. The Community Services Manager shall be responsible for establishing policies, administering procedures and disseminating information to the public regarding the distribution of Oversized Vehicle Parking Permits at City Hall. 3. Permits may be issued only to City of Hermosa Beach residents, and only for: (1) an Oversized Vehicle registered to the resident or (2) an Oversized Vehicle registered to an out-of-town guest who will be staying with a resident. F. Issuance of Oversized Vehicle Parking Permits 1. This subsection shall apply to Oversized Vehicles that are registered with the City. 2. The Community Services Manager or designee is authorized to issue Oversized Vehicle Parking Permits, pursuant to the following: a. Each person desiring an Oversized Vehicle Parking Permit shall file with the Community Services Division a completed City Oversized Vehicle Registration Form containing the following: i. The name, address, and phone number of the registered owner of the designated Oversized Vehicle; ii. The name, address, and phone number of the applicant for the permit; iii. Proof of residency. Acceptable proof of residency must be current and must include the following: Identification Card and one of the following: a. 11 Page 3 of 7 California Driver's License or California Property Tax Bill or Public Utility Bill; 16-1359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Residential Rental or Lease Agreement signed within the last thirty (30) days; iv. Proof that the vehicle is currently registered with both the California Department of Motor Vehicles, or equivalent agency in another state, and the City of Hermosa Beach; V. The license number, make, and model of the designated Oversized Vehicle; vi. The dates for which the permit is requested; vii. The dates and duration of any and all Oversized Vehicle Parking permits issued to the applicant within the immediately preceding ninety (90) day period; viii. Additional information the Community Services Division may require; and ix. The applicant's signature under penalty of perjury. 3. Oversized Vehicle Parking Permits issued and approved by the Community Services Division shall include the license plate number of the designated Oversized Vehicle, the date of issuance, the day of its expiration and a prominent designation that it is a resident or a guest permit. 4. Permits shall be displayed in the lower driver's side of the windshield or nearest window of the Oversized Vehicle for which it has been issued so that it is clearly visible from the exterior of the vehicle. 5. An Oversized Vehicle Parking Permit shall be valid for a period not to exceed twenty-four (24) hours. An Oversized Vehicle Parking Permit will be valid from 12:00 P.M. one (1) day until 11:59 A.M. the next day. Upon expiration of the permit, the applicant may apply for and be granted additional Oversized Vehicle Parking Permits if the applicant still qualifies under the conditions set forth in this Section. An applicant may request no more than three (3) consecutive Oversized Vehicle Parking Permits (a total of seventy-two (72) hours of parking to load and unload) at one time. a. In no event shall any person, residence and/or designated Oversized Vehicle be issued more than twenty-four (24) Oversized Vehicle Parking Permits Page 4 of 7 16-1359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 within any ninety (90) day period and no more than ninety-six (96) Oversized Vehicle Parking Permits in any calendar year. b. In no event shall any person, residence and/or designated Oversized Vehicle be issued more than three (3) consecutive Oversized Vehicle Parking Permits at one time for a vehicle registered to a resident's guest. In no event shall any person, residence and/or designated Oversized Vehicle be issued more than nine (9) Oversized Vehicle Parking Permits in any calendar year for a vehicle registered to a resident's guest. G. Handicapped Oversized Vehicle Parking Permits. If an applicant for an Oversized Vehicle Parking Permit meets all of the requirements below, the Community Services Division shall issue a Handicapped Oversized Vehicle Parking Permit, which shall authorize parking of the designated Oversized Vehicle for up to one (1) year, so long as the permit holder continues to meet the requirements of this section during the term of the permit. 1. The applicant must be entitled to receive a handicapped placard or license plate pursuant to the provisions of the California Vehicle Code. 2. The applicant provides a statement to the City that the Oversized Vehicle is the only vehicle owned by the applicant and is required to meet the daily transportation needs of the applicant. 3. On the Oversized Vehicle Parking Permit application form, the applicant requests an extended term of parking, not to exceed one (1) year. Handicapped Oversized Vehicle Parking Permits may be renewed on an annual basis. Except as otherwise provided herein, the provisions of this Section shall apply to Oversized Vehicles displaying license plates or placards for disabled persons and disabled veterans. H. Oversized Vehicles parked in the City with a valid permit shall pay any applicable parking meter charges, and any vehicle occupying more than one space shall pay the parking meter charge for all spaces occupied. I. Violations of this Section. 1. Unless otherwise noted, any person who violates any provision in this Section is guilty of an infraction and will be subject to citation. 2. Any vehicle parked in violation of this Section is subject to towing. Page 5 of 7 16-1359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. No person shall display a fraudulent, forged, altered, or counterfeit Oversized Vehicle Parking Permit or permit number with the intent to avoid compliance with this Section. Violation of this subsection is a misdemeanor. 4. No person shall forge, alter, or counterfeit an Oversized Vehicle Parking Permit. Violation of this subsection is a misdemeanor. 5. No person shall assign, transfer or use a permit for any consideration, monetary or otherwise. 6. No person shall misuse a permit or display a stolen permit. Any such misuse or display on a vehicle shall be cause for immediate ticketing and towing in addition to the penalty set forth above. Misused permits shall be confiscated by the impounding authority. 7. No person shall alter, deface, or intentionally conceal an expiration date or otherwise attempt to present false information as true and genuine, on the face of a permit which is displayed in a vehicle parked on a City street. SECTION 2. This ordinance shall be enforceable only after the City has erected signs at every entrance to the City prominently stating that parking of oversized vehicles, as defined in this ordinance, is prohibited upon any public street, highway or parking lot in the City absent issuance of a valid Oversized Vehicle Parking Permit. SECTION 3. CEQA. This project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061. This section of CEQA states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This project qualifies for this exemption because the ordinance amends an existing permit program to monitor and limit parking of oversized vehicles throughout the City. Vehicle Code Section 22507 authorizes cities to restrict parking during all or certain hours of the day and this ordinance adopts additional regulations to better manage and monitor the limited parking supply in the City. Under existing law, oversized vehicles registered to residents and residents' guests are permitted to park on a public street or highway for a maximum of 72-hours if a permit has been issued. This ordinance shortens the length of permits to 24-hours, requires vehicles to be registered with the City to apply for a parking permit, excludes vehicles that exceed eight feet in height but do not Page 6 of 7 16-1359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27, 28 I exceed twenty feet in length or seven feet in width, and clarifies that oversized vehicles displaying a handicapped placard must obtain a permit to park an oversized vehicle which may be for an extended period of time. Due to their size, oversized vehicles take up more than one parking spot at a time and limiting oversized vehicle parking will free up parking spaces, allowing more regular -sized vehicles to park in the City and reducing the amount of time vehicles circle around looking for parking. In compliance with state law, existing signs advising drivers of the parking restrictions will be updated to reflect the amendments set forth in this ordinance. Therefore, the ordinance has no potential for causing a significant effect on the environment. SECTION 4. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 5. The City Council designated the City Attorney to prepare a summary of this ordinance to be published pursuant to Government Code Section 36933(c)(1) in lieu of the full text of said ordinance. The City Clerk caused said summary to be published on January 21, 2016 [five (5) days before the adoption of the ordinance] in the Easy Reader, a weekly adjudicated newspaper of general circulation, published and circulated in Hermosa Beach. Prior to the expiration of fifteen (15) days after the date of adoption of the ordinance, the City Clerk shall cause the summary to be re -published in the Easy Reader. SECTION 6. The City Clerk shall certify to the passage of this ordinance, shall enter the same in the book of original Ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 26th day of January, 2016 by the following vote: AYES: Duclos, Fangary, Massey, Mayor Petty NOES: None ABSENT: None ABSTAIN: , None PRESIDENT o "e City ATTEST: City Clerk and MAYOR of the City of Page 7 of 7 Attorney ,a Beach, California RM: 16-1359 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 16-1359 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a regular meeting held at the regular meeting place thereof on the 26th day of January, 2016, and a summary of said Ordinance will be re -published in the Easy Reader newspaper on February 4, 2016. The vote was as follows: AYES: Duclos, Fangary, Massey, Mayor Petty NOES: None ABSENT: None ABSTAIN: None DATED: January 26, 2016 City Clerk