HomeMy WebLinkAboutOrd 1025 Commercial Truck Parking I • MEETINS DAB
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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
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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
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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
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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 (Palrn txs=8-96)
Exhibit B
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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