HomeMy WebLinkAbout10-02-2018 Item 12 Introduce Ordinance amending Title 10 - loading zone and towing Meeting Date: 10/2/2018
FROM: Daryl Grigsby, Public Works Directo r
Prepared By: Alexander Fuchs, Parking Services Supervisor
SUBJECT: AMEND TITLE 10 (VEHICLES & TRAFFIC) OF THE MUNICIPAL CODE
TO UPDATE COMMERCIAL LOADING ZONE ACCESS AND USE
REQUIREMENTS, ESTABLISH BUSINESS LICE NSE AND OTHER
REQUIREMENTS, UPDATE VEHICLE TOW PROVISIONS AND OTHER
TITLE 10 LANGUAGE CLEAN-UP
RECOMMENDATION
Introduce an ordinance amending Title 10 Vehicles and Traffic Regulations of the Municipal
Code including commercial loading zone, vehicle tow provisions, and other Title language clean-
up.
DISCUSSION
The proposed amendments to Title 10 (Vehicles and Traffic) of the Municipal Code are to
update the loading zone sections (10.44.010, 10.44.020, 10.44.030, and 10.44.040) to allow the
pick-up and drop-off of passengers in commercial loading zones. The purpose is to provide safe
pick-up and drop-off locations for ride share companies such as Uber , Lyft, and taxi cab
companies that operate within the City.
Section 10.12.090 is also being revised to authorize parking enforcement staff to remove
abandoned, illegally parked, or dangerously parked vehicles and trailers within the City right of
way.
The proposed amendments will also clean-up language in specific sections related to parking that
more accurately reflect current parking operations including the use of License Plate Recognition
(LPR) technology. See Attachment A for a full list of proposed Title 10 language updates.
Commercial Loading Zone Updates
In Summer 2017, the Police Department was cont acted by several Uber drivers that expressed
concern with the lack of available parking spaces for dropping off and picking up passengers ;
particularly in the evening and night time hours. Currently, ride share vehicles will stop in the
number one and three lanes on Marsh Street and Higuera Street to pick-up and drop-off
passengers when parking spaces are not available. Ride share drivers and Police staff recognize
the vehicular and pedestrian safety hazards associated with vehicles stopping in travel lanes to
pick-up and drop-off passengers.
The Uber drivers requested that specific on-street metered parking spaces on Higuera Street
between Garden Street and Broad Street be designated for passenger pick-up and drop-off after
meter enforcement hours end at 6:00 PM. Police and Parking staff evaluated the request and
determined that converting specific spaces for passenger pick -up and drop-off only after 6:00
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PM would be difficult to enforce as the parking meters would remain in place and additional
signage would need to be installed, both of which may cause confusion to potential parkers.
Staff developed an alternative approach to allow passenger vehicles use of the commercial
loading zones to pick-up and drop-off passengers and to extend the enforcement hours of the
commercial loading zones from 7:00 AM to 6:00 PM Monday to Saturday and 1:00 PM to 6:00
PM on Sunday to the new hours of 7:00 AM to 3:00 AM Monday to Saturday and 1:00 PM to
3:00 AM on Sunday. This will allow ride share vehicles multiple locations within the downtown
area to safely pick-up and drop-off passengers. Enforcement of the loading zones from 9:00 AM
to 6:00 PM would be the responsibility of the Parking Services Division, as it is presently, and
enforcement from 6:00 PM to 3:00 AM would be the responsibility of the Police Department.
Staff is recommending language changes to the loading zone sections of the Municipal Code that
will allow for the implementation of the above alternative approach.
Use of LPR Technology for Timed Enforcement
Section 10.40.010 – Time Parking, which is used by Parking staff to enforce time limit parking
in metered and non-metered areas, requires that a vehicle must move a minimum of one hundred
fifty meters once the designated time at a parking space has elapsed. As currently written, a
vehicle can park in a space for up to the posted time limit, drive one hundred fifty meters, and
return to the same space if that space is available. This makes enforcement difficult when using
LPR to enforce timed parking since the vehicle will appear that it has not moved between plate
reads even though it has in fact moved and does not comply with the original intent of the rule.
Staff recommends removing this language and instead require that, once the designated time in a
parking space has elapsed, a vehicle may not return to a parking space on the same block face or
within 500 feet of where previously parked on the same block face or to the same city parking
facility for a three-hour period. This language update will reduce the chance of false reads
because a vehicle will not legally be allowed to return to the same block face or within 500 feet
of the previous parking space on the same block face and will make clear to the driver the legal
requirements. The language update will also increase turnover, particularly in metered spaces in
the downtown area, which is the primary purpose of having timed parking limits.
Additional Language Clean-up
Staff is also recommending a clean-up to various sections of the Municipal Code that pertain to
parking enforcement. These changes include removal of language that specifies enforcement in
municipal lots or parking structures and instead replaces it with the more general term ‘parking
facilities’ as well as updates to the parking meter operational procedure section to remove
outdated language. Below is a list of sections that include proposed language clean-up as detailed
in Attachment A.
• 10.36.235 – Restricted parking in certain city parking lots
• 10.40.020 – Backing into parking space
• 10.40.060 – Parking space markings
• 10.52.040 – Operational procedure to be followed
• 10.52.050 – Unlawful to allow vehicle to remain parked after expiration of time
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CONCURRENCES
The Police Department concurs with the proposed amendments to the loading zone se ctions of
the Municipal Code.
ENVIRONMENTAL REVIEW
The recommended action is considered a “project” under the California Environmental Quality
Act (CEQA) Guidelines; however, it is exempt from review per the general rule exemption sec.
15061(B)(3).
FISCAL IMPACT
Replacement of the commercial loading zone signs is estimated to cost $5,200 for materials and
installation. The cost would be funded through the Parking Fund’s operating budget.
ALTERNATIVE
Deny approval of the Ordinance. City Council could choose to deny approval of the
amendments to Title 10 of the Municipal Code. Staff does not recommend this alternative
because the proposed amendments to Title 10 of the Municipal Code will increase vehicular and
pedestrian safety in the downtown area, provide ride share vehicles with areas to pick-up and
drop-off passengers, and clean-up language in parking operation specific sections.
Attachments:
a - Ordinance to Amend Title 10 of the Municipal Code
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ORDINANCE NO. _____ (2018 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING MUNICIPAL CODE TITLE 10
REGARDING VEHICLES AND TRAFFIC
WHEREAS, The Public Works Department recognizes the need for certain designated
employees to have the authority to remove vehicles from City streets in support of and coordination
with the Police Department; and
WHEREAS, the implementation of license plate reco gnition (LPR) technology for timed
parking enforcement purposes requires that the timed parking section be amended to clarify how
far a vehicle must move and for how long the vehicle must be moved before returning to the same
area in order to improve the accuracy of parking enforcement and ensure compliance with this
section; and
WHEREAS, the City recognizes the need to accommodate ride share vehicles in the
downtown area by allowing passenger vehicles the ability to load and unload passengers in
commercial loading zones without being subject to citation; and
WHEREAS, the City recognizes the need to allow passenger vehicles to be left
unoccupied in passenger loading zones in order for certain activities to take place such as checking
into a hotel or checking a student our from school without being subject to citation; and
WHEREAS, parking specific sections must be updated to maintain consistent language
throughout Title 10.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Section 10.12.090 of the San Luis Obispo Municipal Code, entitled Removal
of vehicles from street by police officers permitted when, is hereby amended to read as follows:
10.12.090 Removal of vehicles from street by police officers or designated employees
permitted when.
Any regularly employed and salaried officer or designated employee of the police
department or the public works department of this city may remove or cause to be removed:
A. Any vehicle that has been parked or left standing upon a street or highway for seventy-
two or more consecutive hours;
B. Any vehicle which is parked or left standing upon a street or highway when such parking
or standing is prohibited by ordinance or resolution of this city and signs are posted giving
notice of such removal;
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C. Any vehicle which is parked or left upon a street or highway where the use of such street
or highway or a portion thereof is necessary for the cleaning, repair or construction of the
street or highway or for the installat ion of underground utilities or where the use of the
street or highway or any portion thereof is authorized for a purpose other than the normal
flow of traffic or where the use of the street or highway or any portion thereof is necessary
for the movement o f equipment, articles or structures of unusual size and the parking of
such vehicles would prohibit or interfere with such use or movement; provided, that signs
giving notice that such vehicle may be removed are erected or placed at least twenty-four
hours prior to the removal;
D. Any vehicle which is blocking designated fire lanes or alleys where parking is
prohibited.
SECTION 2. Section 10.36.235 of the San Luis Obispo Municipal Code, entitled
Restricted parking in certain city parking lots, is hereby amended to read as follows:
10.36.235 Restricted parking in certain city parking lots facilities.
No person shall stop, stand, park or leave standing a motor vehicle in any city parking lot
facility or space where vehicular parking has been restricted by a resolution adopted by the
council; provided, that signs specifying the restrictions, or conditions under which parking
is permitted, shall have been posted at all entrances to such property or at designated
spaces. Such signs shall be approved both as to wording and posting by the public works
director or their designee(s)chief of police.
SECTION 3. Section 10.40.010 of the San Luis Obispo Municipal Code, entitled Timed
Parking, is hereby amended to read as follows:
10.40.010 Timed parking.
When authorized signs, parking meters or curb markings have been determined by the
public works director or their designee(s) to be necessary and are in place giving notice
thereof, no operator of any vehicle shall stop, stand or park said vehicle between the hours
established by Section 10.52.030, for a period of time longer than designated time posted
by sign, parking meter or curb marking. Green curb markings shall mean no standing or
parking of time longer than ten minutes up to one hour. All other time designations shall
be from one hour up to ten hours. Vehicle must move a minimum of one hundred fifty
meters Once the designated time at an occupied space has elapsed, a vehicle may not return
to a parking space in the same block face or within 500 feet o f where previously parked on
the same block face or to the same city parking facility for a three -hour period.
SECTION 4. Section 10.40.020 of the San Luis Obispo Municipal Code, entitled Backing
into parking space, is hereby amended to read as follows:
10.40.020 Backing into parking space.
No vehicle shall back in or park backwards in any city parking facility any municipal lot
or parking structure space with the exception of two -wheeled motorized vehicles.
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SECTION 5. Section 10.40.060 of the San Luis Obispo Municipal Code, entitled Parking
space markings, is hereby amended to read as follows:
10.40.060 Parking space markings.
A. The public works director or their designee(s) is authorized to install and maintain
parking space markings to indicate parking spaces adjacent to curbings on city streets and
in municipal parking lots city parking facilities where authorized parking is permitted.
B. When such parking space markings are placed on the highway or in city parking
facilities a municipal parking lot, subject to other and more restrictive limitations, no
vehicle shall be stopped, left standing or parked other than within a single space, unless the
size or shape of such vehicle makes compliance impossible.
SECTION 6. Section 10.44.010 of the San Luis Obispo Municipal Code, entitled Loading
Zones – Markings – Authority, is hereby amended to read as follows:
10.44.010 Loading zones—Marking—Authority.
A. The public works director or their designee(s) is authorized to determine and to mark
loading zones and passenger loading zones as follows:
1. At any place in the central traffic district or any business district;
2. Elsewhere in front of the entrance to any place of business or in front of any hall or place
used for the purpose of public assembly.
B. Loading zones shall be indicated by yellow paint upon the top and side of all curbs in
the zones.
C. Passenger loading zones shall be indicated by white paint upon the top and side of all
curbs in the zones.
SECTION 7. Section 10.44.020 of the San Luis Obispo Municipal Code, entitled Curb
Markings – Meanings – Authority to place, is hereby amended to read as follows:
10.44.020 Curb markings—Meanings—Authority to place.
The public works director or their designee(s) is authorized, subject to the provisions and
limitations of this chapter, to place, and when required herein shall place, the following
curb markings to indicate parking or standing regulations, and the curb markings shall have
the meanings as set forth in this section.
A. “Red” means no stopping, standing or parking at any time except as permitted by the
Vehicle Code, and except that a bus may stop in a red zone marked or signed as a bus zone.
B. “Yellow” means no stopping, standing or parking at any time between seven a.m. and
six p.m. three a.m. every Monday to Saturday, and between one p.m. and six p.m. three
a.m. every Sunday, unless otherwise indicated by posted signage, for any purpose other
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than the commercial loading or unloading of materials by a commercially registered and
licensed vehicle or a professionally signed passenger vehicle that displays an authorized
commercial loading zone permit or for the purpose of loading and unloading of passengers
by passenger vehicles. The commercial loading zone permit requirements and fee shall be
established by resolution.
C. “White” means no stopping, standing or parking for any purpose other than loading or
unloading of passengers, or for the purpose of depositing mail in an adjacent mailbox,
which shall not extend beyond the time nece ssary therefor and in no event for more than
be from three minutes to a maximum of ten minutes, and such restrictions shall apply
between seven a.m. and six p.m. every Monday to Saturday, and between one p.m. and six
p.m. every Sunday, and except as follow s:
1. When such zone is in front of a hotel or in front of a mailbox the restrictions shall apply
at all times.
2. When such zone is in front of a theater the restrictions shall apply at all times.
D. When the public works director or their designee(s) as authorized under this chapter has
caused curb markings to be placed, no person shall stop, stand or park a vehicle adjacent
to any such legible curb markings in violation of any of the provisions of this section.
SECTION 8. Section 10.44.030 of the San Luis Obispo Municipal Code, entitled Yellow
loading zone—Time restrictions for loading and unloading, is hereby amended to read as follows:
10.44.030 Yellow loading zone—Time restrictions for loading and unloading.
A. No person shall stop, stand or park a vehicle in any yellow loading zone for any purpose
other than loading or unloading materials or passengers for such time as is permitted in this
section.
B. The loading or unloading of materials shall be allowed only for those deliveries made
by commercially registered and licensed vehicles or professionally signed passenger
vehicles displaying an authorized commercial loading zone permit that is used for
commercial business deliveries; also, the de livery or pickup of express and parcel post
packages and United States mail. All other passenger vehicles not meeting the sign and
permit requirements may not use a loading zone for any purpose except when the zone is
not effective. The loading or unloading of materials shall not extend beyond the time
necessary therefor and in no event for more than thirty (30) minutes. Evidence that there
was no activity involving the loading or unloading of materials into or from a vehicle
during any continuous period of time of eight minutes or longer shall constitute prima facie
evidence that the vehicle was parked longer than the time necessary for loading or
unloading. The council may, by resolution, temporarily extend the time for unloading and
loading of materials at select locations when it is deemed in the best interest of the public
due to temporary conditions such as construction, street or public parking lot closures.
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C. Permission herein granted to stop or stand a vehicle for the purpose of loading or
unloading materials shall not extend beyond the time necessary therefor, and in no event
for more than thirty minutes. Evidence that there was no activity involving the loading or
unloading of materials into or from a vehicle during any continuous period of time o f eight
minutes or longer shall constitute prima facie evidence that the vehicle was parked longer
than the time necessary for loading or unloading. The council may, by resolution,
temporarily extend the time for unloading and loading of materials at select locations when
it is deemed in the best interest of the public due to temporary conditions such as
construction, street or public parking lot closures. The loading or unloading of passengers
shall not extend beyond the time necessary therefor and in no event for more than three (3)
minutes and during such time no person shall leave any such vehicle unattended.
SECTION 9. Section 10.44.040 of the San Luis Obispo Municipal Code, entitled White
zones—Time restrictions for loading and unloading, is hereby amended to read as follows:
10.44.040 White zones—Time restrictions for loading and unloading.
A. No person shall stop, stand or park any vehicle in any passenger loading zone or any
vehicle other than a taxicab in a specially marked loading zone for any purpose other than
the loading or unloading of passengers for such time as is specified in this section.
B. Permission herein granted to stop or park for purposes of loading or unloading
passengers shall include the loading or unloading of personal baggage and shall not extend
beyond the time necessary therefor and in no event for more than three ten (10) minutes
and during such time the vehicle may be left unoccupied to accommodate the use.
C. The council, may, by resolution, allow taxicabs to stand in specially marked passenger
loading zones and regular parking spaces for extended periods of time providing the driver
is present in the cab.
DC. Within the total time limits specified in this section the provisions of this section and
Section 10.44.030 shall be enforced so as to accommodate necessary and reasonable
loading or unloading, but without permitting abuse of the privileges hereby granted.
SECTION 10. Section 10.52.040 of the San Luis Obispo Municipal Code, entitled
Operational procedure to be followed, is hereby amended to read as follows:
10.52.040 Operational procedure to be followed.
No person shall cause, allow or permit any vehicle to remain parked in
any metered parking space unless a sign or signal indicating that meter fees have been paid
is displayed by the adjacent parking meter. Immediately after occupancy of a parking meter
space, the operator of a vehicle shall deposit a coin of the United States in the parking meter
and if necessary turn a crank, knob or handle in accordance with the instructions posted on
the face of the parking meter.
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SECTION 11. Section 10.52.050 of the San Luis Obispo Municipal Code, entitled
Unlawful to allow vehicle to remain parked after expiration of time , is hereby amended to read as
follows:
10.52.050 Unlawful to allow vehicle to remain parked after expiration of time.
No operator of any vehicle shall permit the vehicle to remain parked in any parking space
during any time that the meter is showing a sign or signal indicating that such space is
illegally in use other than such time immediately after the original occupancy as is
necessary to operate the meter to show legal parking.
SECTION 12. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance
is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such
invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions
of this ordinance, or any other provisions of the City’s rules and regulations. It is the City’s express
intent that each remaining portion would have been adopted irrespective of the fact that any one
or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or
unenforceable.
SECTION 13. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
t he expiration of thirty (30) days after its final passage.
INTRODUCED on the ____ day of ____, 201X, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the ____ day of ____, 201X, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
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APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo , California, this ______ day of ______________, _________.
______________________________
Teresa Purrington
City Clerk
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