HomeMy WebLinkAboutORD-11-1325 (OVERSIZED VEHICLES)1
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ORDINANCE NO. 11-1325
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING AN AMENDMENT TO THE MUNICIPAL CODE TO ADD
PROVISIONS FOR REGULATING PARKING OF OVERSIZED
VEHICLES
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
I DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 10.32.340 is added to Title 10, Chapter 10.32 of the Hermosa Beach
Municipal Code to read as follows:
10.32.340 Parking of Oversized Vehicles
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, seven (7) feet in width, or eight (8) feet in height, 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 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;
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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;
6. Any public emergency vehicle;
7. The parking of any Oversized Vehicle during the pendency of any state of
emergency declared to exist within the City of Hermosa Beach; and
8. Oversized Vehicles displaying valid license plates or placards for disabled persons
and disabled veterans, provided that the vehicles are parked in compliance with Vehicle Code
Section 22511.5, as maybe amended from time to time.
D. Issuance of Permits
1. Oversized Vehicle Parking Permits shall be issued by the Finance Department. The
Finance Director 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.
2. Permits may be issued only to City of Hermosa Beach Residents, and only for (1)
Oversized Vehicle registered to the resident; or (2) Oversized Vehicles registered to an out-of-
town guest who will be staying with a resident.
3. Each person desiring an Oversized Vehicle Parking Permit shall file with the City
of Hermosa Beach Finance Department a completed City application form containing the
following:
a. The name, address, and phone number of the registered owner of designated
Oversized Vehicle, and if different, the resident applicant;
b. Proof of applicant 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:
j acceptable);
ii. Property Tax Bill or Public Utility Bill (telephone bills are not
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C. The registration from the California Department of Motor Vehicles, or
equivalent agency in another state, for the Oversized Vehicle;
d. The license number, make, and model of designated Oversized Vehicle;
e. The dates for which the permit is requested;
f. The dates and duration of any and all Oversized Vehicle Parking Permits
issued to the applicant within the immediately preceding ninety (90) day period;
g. Additional information the Finance or Police Department may require;
h. The signature of the applicant under penalty of perjury.
E. Oversized Vehicle Parking Permits will be issued upon payment of a fee that will be
established by Resolution of the City Council and upon demonstration that the applicant is eligible
for a permit in accordance with this Section.
F. Oversized Vehicle Parking Permits issued and approved by the Finance Department 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.
G. 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.
H. An Oversized Vehicle Parking Permit shall be valid for a period not to exceed seventy-two
(72) hours. An Oversized Vehicle Parking Permit will be valid from 12:00 P.M. one (1) day until
expiration, as set forth on the permit. 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.
1. In no event shall any person, residence and/or designated Oversized Vehicle be
issued more than eight (8) Oversized Vehicle Parking Permits within any ninety (90) day period
and no more than thirty-two (32) Oversized Vehicle Parking Permits in any calendar year.
2. In no event shall any person, residence and/or designated Oversized Vehicle be
issued more than four (4) 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
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Oversized Vehicle or Trailer be issued more than ten (10) Oversized Vehicle Parking Permits in
any calendar year for a vehicle registered to a resident's guest.
I. 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 the meter
charge for all spaces occupied.
J. 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, towing, or both.
2. 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.
3. No person shall forge, alter, or counterfeit an Oversized Vehicle Parking Permit.
Violation of this subsection is a misdemeanor.
4. No person shall assign, transfer or use a permit for any consideration, monetary or
otherwise.
5. 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.
6. 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 is prohibited upon
any public street or highway in the City absent issuance of a valid Oversized Vehicle Parking
Permit.
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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 of 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 implements a 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, vehicles are permitted to park in one space for a maximum of 72-hours. This
ordinance maintains the existing 72-hour limit for oversized vehicles registered to residents and
residents' guests. 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, signs will be posted at the entrance to the City advising
visitors of the parking restrictions. 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
I and after thirty (30) days of its final passage and adoption.
SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
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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 of July 2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
1'NTof the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS 110 FORM:
City Clerk City Attorney
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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. 11-1325 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 of July 2011, and said
ordinance will be published in the Easy Reader newspaper on August 4, 2011.
The vote was as follows:
AYES: Bobko, DiVirgilio, Duclos, Tucker Mayor Fishman
NOES: None
ABSENT: None
ABSTAIN: None
DATED: July 26, 2011
City Clerk