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HomeMy WebLinkAboutOrd 1025 Commercial Truck Parking I • MEETINS DAB ❑,,�C_...MUM TO E RAS8ED TO 2ND READING 10 ""I G —Co-.. CITY OF PALM DE BUILDING & SAFETY DEPARTMENT STAFF REPORT REQUEST: Repeal Section 10.98.010, Commercial vehicle parking restrictions, of the Palm Desert Municipal Code relating to Commercial Truck Parking and adopt Ordinance No. 1025 to replace, on first reading. DATE: September 26, 2002 CONTENTS: New Ordinance No. 1025 Exhibit "A" -- Photos Exhibit "B" — Current City Code Section 10.98.010 Exhibit "C" — Photos Recommendation: Repeal Section 10.98.010, Commercial vehicle parking restrictions, of the Palm Desert Municipal Code relating to Commercial Truck parking and adopt Ordinance No. 1025 to replace, on first reading. Executive Summary: In an effort to address the many concerns regarding commercial truck/trailer parking within our City, Staff has reviewed the issues and now make our recommendations related to the Commercial Truck Parking Ordinance. The issues are many: the storage of fleet vehicles in our streets, the storage of unattached, unattended trailers on our streets, and to mitigate the encroachment of commercial vehicle activities in residential areas. The goal is to maintain our quality of life while addressing the general parking issues that staff has received from the Citizens as well as law enforcement. Discussion: Here are the highlights of what the new proposed Ordinance will address: 1. Unattached trailers in the Public Right of Way (10.98.010 A. 3.) W:\Code CompliancelStaff Reports\CommercialTruckParking.dot Staff Report Commercial Vehicle Ordinance No. 1025 Page 2 September 26, 2002 Attached are photos (Exhibit "A") of unattached trailers stored on City streets throughout our City. The sizes range from small utility trailers to full-sized commercial type trailers. The Code Compliance Division has received many complaints from citizens as well as the Sheriff's Department. These unattended, non-motorized trailers are a concern because persons and businesses use our streets as storage for their property. In the commercial areas, our streets are used as a trailer staging area for future transport. Lines of sight problems have been reported as a result. Standing the trailer hitch on our streets has resulted in damage if not used in conjunction with blocks of wood. In some instances, the stacking of wood and other items to level the trailer has created a safety hazard by the lack of stability of the trailer itself. 2. Commercial Truck Parking in Residential Zones (10.98.010. B. 1. , 2.) The Current City Code Section 10.98.010 (see Exhibit "B") regulates the parking of commercial trucks in residential zones. The concern is that the current prohibition is for parking on "City streets" only, with no reference to parking on private property in residential zones. In the past, a commercial truck owner has pointed out that he is parking on private property and not on City streets. Staff would like to include "no parking on private property in residential zones" to cover this oversight in our current ordinance. 3. Commercial Fleet Vehicles Stored in the Public Right of Way (10.98.010. B. 4. , 5. , A., 6.) Attached are photos (Exhibit "C") that show the concern of some business owners, including the Sheriff's Department, complaining of the effect of vehicle fleet storage in the street; lack of costumer of parking, traffic line of sight problems, and lack of exposure of business signs and establishments. All fleet vehicles will be required to use City approved off street parking. W:\Code CompliancelStaf Reports\CommercialTruckParking dot Staff Report Commercial Vehicle Ordinance No. 1025 Page 3 September 26, 2002 4. Vehicles Transporting Waste (10.98.010.1 .) Staff has received many complaints regarding businesses that park their vehicles in residential and business areas that may be carrying waste clippings, or trash that emits a putrid, offensive odor. This ordinance change will compel the vehicle owner to lawfully remove and discard the waste at the landfill in a timely manner. 5. Adjacent Commercial Vehicle Activity (10.98. B., 3., 8., C.) Commercial Vehicle idling and size placement impacts are addressed here. Attached is the new Ordinance for your review. Staff is requesting adoption with the first reading. Staff wijI-be available if you have any questions. Submitted By: Department Head: \ / • Hart Ponder, Code Compliance Manager Amir Hamidzadeh, cting Director Building and Safety Department Approval: Homer Croy, c ' Assistant City Manager Development essing Reviewed B f CITY COUNCI4- ACTION: // APPROVED ►►// DENIED David J. rwin, y Attorney RECEIVED OTHER Approval: MEETING DATE lb- 10-CGX NOES: u i�Sl�ll,r"rile�, j�(u�,-� �� �/J L % Carlos Ortega, Cit anager ABSTAT: / ��BSTAIN: 'TERIFIED BY kWi Original on File h Vityr Cieik's Office W:ICode CompliancelStaf ReportslCommercialTruckParking.dot t ORDINANCE NO. 1025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 10.98 IN SECTION 10.98.010 OF THE PALM DESERT MUNICIPAL CODE OF THE CITY OF PALM DESERT, CALIFORNIA RELATING TO COMMERCIAL VEHICLES. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: CHAPTER 10.98 — COMMERCIAL VEHICLES A. That Section 10.98.010 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: Section 10.98.010 — Parking Prohibitions and Restrictions A. It is unlawful to park or leave standing any of the following: 1. Any vehicle or trailer which is used to transport animals or which harbors vermin, trash, yard waste or pestilence or which emits noxious or nuisance odors on any highway, street, road, alley or on any public or private property within the city; 2. Any vehicle or trailer which contains any hazardous substances as defined in Section 2452 of the California Vehicle Code on any highway, street, road, alley or on any public or private property within the city; 3. Any trailer, utility trailer, boat trailer, boat, camper, camper shell, camp trailer, trailer coach, or semi-trailer which is non-self propelled, non- motorized, or not capable of movement under its own power which is unattached to a vehicle on any highway, street, road or alley within the city; 4. Any vehicle on any highway, street, road or alley within the city for the purpose of servicing or repairing such vehicle except when necessitated by an emergency. B. It is unlawful to park or leave standing any commercial vehicle, truck, trailer or semi-trailer having a manufacturer's gross vehicle weight rating (Vehicle Code Section 390) of ten thousand (10,000) pounds or more as described in the following locations: 1. On any highway, street, road, alley or private property within any residential district within the city; W:\Code Compliance\Staff Reports\CommercialVehicleOrdinance.doc ORDINANCE NO. 1025 Page 2. 2. On any vacant lot or unimproved nonresidential property in the city; 3. On any nonresidential property so that any part of such vehicle is within one hundred (100) feet of any residential dwelling; 4. Within one hundred fifty (150) feet of any driveway opening; 5. Within any commercially zoned property for the purpose other than doing business at the site, or for the purpose not related to such business operation, or remaining parked or standing for longer than reasonably appropriate to do such business or acts related to such business operations. a. Businesses located within the City that maintain a commercial truck or any vehicle fleet related to any business activity must use only City approved off street parking; 6. On any nonresidential property so that any of such vehicle is within fifteen (15) feet of the property line, public sidewalk, or of a public or private roadway edge; 7. On any alley within the city; 8. On any highway, street or road which is adjacent to a parcel upon which there exists a public facility. Within the meaning of this subsection, "public facility" includes, but is not limited to, parks, schools and civic buildings; C. While adjacent to a developed residential area within the city, the operator shall not idle the vehicle's engine for longer than fifteen (15) minutes. PASSED, APPROVED and ADOPTED by the Palm Desert City Council this 10thday of October 2002, by the following vote, to wit: AYES: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE RICHARD S. KELLY, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA W:\Code Compliance\Staff Reports\CommercialVehicleOrdinance.doc • • t �a a . . ' iL • i�•qi 7id�rt 1. K` �.:._. h. fir. 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Exhibit A 10.98.010 Chapter 10.98 COMMERCIAL VEHICLES Sections: 10.98.010 Commercial vehicle parking restrictions. 10.98.020 Exemptions. 10.98.010 Commercial vehicle parking restrictions. No person shall park a commercial vehicle having a manufacturer's gross vehicle weight rating of ten thousand pounds or more on any street located in or immediately adjacent to an area zoned residential.(Ord.793 § 1 (part), 1996) 10.98.020 Exemptions. A. This chapter shall not apply where the commercial vehicle is making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on a street within a residential zone. B. This chapter shall not apply where the commercial vehicle is being used for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure located on a street within a residential zone. (Ord. 793 § 1 (part), 1996) 232-1 (Palm Desert 8-96) Exhibit B • 10.98.010 Chapter 10.98 COMMERCIAL VEHICLES Sections: 10.98.010 Commercial vehicle parking restrictions. 10.98.020 Exemptions. 10.98.010 Commercial vehicle parking restrictions. No person shall park a commercial vehicle having a manufacturer's gross vehicle weight rating of ten thousand pounds or more on any street located in or immediately adjacent to an area zoned residential.(Ord.793§ 1 (part), 1996) 10.98.020 Exemptions. A. This chapter shall not apply where the commercial vehicle is making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on a street within a residential zone. B. This chapter shall not apply where the commercial vehicle is being used for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure located on a street within a residential zone. 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'. ,".. i.,.-:.,..-:• .. .. ,- ,_•..,1„:. !,,.._,:,,,,,,,:t•-,,::,.....,,,. ;.1 ..;,- . 1.---. 0. -... ..mi:Iii: f vt . , ,- . . .._._1,,.:,„ : ,---- -.....„, .,,,,, , .vigp. . - •—•—••••..---.,,,,, , .. , .....4.• _•.._. , .. — •,- ??_..;;‘,i,,,,, It:, ...-„,... • ,--8:;:s., -.- ,•,..:,:--,4',,, ,,,i, 14, '4, . ,. . ...%,..-,''',!',..1,:;i:...',1, . , • ' .t, ..- — - -,,,.-..--,.. ,. e.,..'.1i.,:,..,..._,•..4,-.-----4t$,..' . . , ..." 4...,-: ',.-.--'1,- -,.,,y.T.1-z,..,4•04,''''...,.,,,,.--. - ,.... ..„. J. - w%).'• `.rd:AW'- `,,,,.,::14.•'',.%.*. • '.V.. N . _.. / , ,r Exhibit C SEP-26-2002 THU 01 :40 PM TANDEM WEST GLASS FAX NO. 7Afl 600632 P. 02 r!r'AIPALT39-610 ENTREPRENEUR:1� 1 LP-� FICE GLASS PALM DESERT, CA 9221.1 DESERT, CA TANDEMWEST pnone(760)360-3 21 2 SEP 26 PM 2: 44 fox(760)360-0632 SEPT.26,2002 TO THE CITY OF PALM DESERT, CITY COUNCIL REGARDING THE MEETING BEING HELD TODAY @ 4:00 P.M. DEAR COUNCIL, WE HAVE JUST BEEN MADE AWARE OF THIS MEETING AND NO ONE FROM OUR OFFICE WILL BE ABLE TO ATTEND,HOWEVER WE WANT TO ADDRESS THE TOPIC OF TRUCKS THAT ARE LEFT PARKED IN THE COUNTRY CLUB BUSNESS PARK, THEY ARE UN-HOOKED FROM THE CAB AND LEFT PARKED FOR 3 WKS TO A MONTH AT A TIME.THIS IS VERY DANGEROUS AS THEY ARE OFTEN TIMES AT A CURVE IN THE ROAD AND ALMOST BLOCKING THE DRIVEWAYS. ALSO THE PERSON TRYING TO SEE TO PULL OUT HAS A BLOCKED VIEW. PLEASE PASS WHATEVER TO ENFORCE THE PROPER RULING THAT WILL REQUIRE THE COMPANIES TO PARK THESE ON THEIR OWN PROPERTY,OR IN A YARD. OUR UNDERSTANDING IS THAT THERE IS A LAW THAT STATES THAT THE STREET IS NOT FOR STORAGE OF NON-OPERABLE VEHICLES OR TRAILERS. PLEASE ALLOW THIS LETTER TO REPRESENT OUR COMPANY'S VIEWS IN THIS IMPORTANT MATTER. THANK YOU. TANDEM WEST GLASS,INC. Ala Received Sep-26-02 01:Alpm From-7603600632 To-PALM DESERT CITY CLE Pare 02