Legislation Details

File #: 24-0015    Version: 1
Type: *Gen. Bus. - Staff Report Status: Agenda Ready
In control: City Council Regular Meeting
On agenda: 1/16/2024 Final action:
Title: Consideration of Options to Address Overnight Parking of Oversized Vehicles (City Manager Moe). (Estimated Time: 45 Min.) DISCUSS AND PROVIDE DIRECTION
Attachments: 1. Municipal Code Chapter 14.46 - On-Street Parking of Oversized Vehicles and Trailers, 2. Municipal Code Sections 14.36.060 and 14.36.180, 3. Map - Oversized Vehicle and Detached Trailer Parking Sign Locations, 4. Neighboring Cities Oversized Vehicle Regulations Comparison, 5. PowerPoint Presentation

TO:

Honorable Mayor and Members of the City Council

 

THROUGH:

Bruce Moe, City Manager

 

FROM:

George Gabriel, Assistant to the City Manager

Patricia Matson, Management Analyst

                     

SUBJECT:Title

Consideration of Options to Address Overnight Parking of Oversized Vehicles (City Manager Moe).

(Estimated Time: 45 Min.)

DISCUSS AND PROVIDE DIRECTION

Body

_________________________________________________________

 

RECOMMENDATION:

Staff recommends that the City Council discuss and provide direction whether Council would like to update the City’s current regulations regarding the overnight parking of oversized vehicles.

 

FISCAL IMPLICATIONS:

There are no fiscal implications associated with the recommended action. If City Council chooses to update the regulations to encompass a permit program or additional/removal of signage, staff will review the costs associated and will return to City Council requesting an appropriation.

 

BACKGROUND:

At the October 3, 2023, meeting, Mayor Pro Tem Franklin and Mayor Montgomery requested to discuss updating the City’s Municipal Code regarding the overnight parking of oversized vehicles. At the October 17, 2023, meeting, City Council directed staff to provide a comprehensive report with options as to whether to update the City’s Municipal Code regarding overnight parking of oversized vehicles.

 

Currently, Manhattan Beach Municipal Code (MBMC) Chapter 14.46 regulates the parking of oversized vehicles pursuant to Ordinance No. 2144 which was adopted by the City Council in 2011. Staff and City Council recognized that the parking of oversized vehicles and trailers presented safety concerns for pedestrians and drivers and impacted streets that were narrow or already limited by minimal parking.

 

The City Council and Parking and Public Improvements Commission reviewed the topic in 2010 and 2011 and considered several iterations of an ordinance including a proposed permit program and revised enforcement procedures. Ultimately, when the item returned on October 18, 2011, staff presented the City Council with five potential options to address overnight parking based off of the regulations and practices of other cities.

 

Following Council discussion and consideration of the five options, City Council chose the option that prohibited oversized vehicle parking in designated areas. This option was considered simple to enforce and required no day to day administration for staff compared to other options that included implementing a permit program.  Additionally, at the same meeting, City Council also introduced Ordinance No. 2145 which prohibited the parking of detached trailers in the City.

 

Current Regulations

Generally, the City already prohibits the storage of any vehicle on streets for more than 72 hours, per MBMC Section 14.36.060. This regulation is often utilized to discourage any vehicle parking in one location in the public right of way without being moved. However, for the purposes of the report, staff has summarized MBMC regulations regarding oversized vehicles and trailers. 

 

Oversized Vehicles

MBMC Chapter 14.46, titled “On-Street Parking of Oversized Vehicles and Trailers” defines an “Oversized Vehicle” as any vehicle, or combination of vehicles, which exceeds twenty-two feet (22’) in length, seven feet (7’) in width or eight feet (8’) in height, exclusive of projecting lights or devices allowed by Sections 35109 and 35110 of the California Vehicle Code. “Trailer” as used in the chapter means a trailer, semitrailer, camp trailer (including tent trailers), unmounted campers, trailer bus, or trailer coach regardless of trailer length or width, or a fifth-wheel travel trailer regardless of trailer length of width.

Chapter 14.46 provides that the stopping, standing, parking or leaving of an oversized vehicle or trailer is prohibited at any time upon any public street, alley or highway in a restricted oversized vehicle and trailer parking area as designated by the Police Chief and Traffic Engineer, or their designees.

 

The Police Chief’s authority to prohibit oversized vehicle and trailer parking applies to streets adjacent to private or public schools, city parks, community centers, and on any street where the stopping or parking of an oversized vehicle or trailer would interfere with vehicular or pedestrian traffic or create an otherwise hazardous situation. Signage must be posted before the prohibition is in effect.

The City Traffic Engineer’s authority to prohibit oversized vehicle and trailer parking applies to portions of city streets within 25 feet of any intersection where they believe that parking should be prohibited. It also applies to streets where the Traffic Engineer has designated through markings or other means individual parking spaces and allows the Traffic Engineer to prohibit the parking of an oversized vehicle or trailer to cross any of the markings or occupy more than a single space. Signage must be posted before the prohibition is in effect.

The prohibition allows for few exceptions including:

A.                     Oversized vehicles or trailers that are stopped, parked, or left standing as a result of a mechanical breakdown. All repairs need to be completed within 8 hours of the breakdown.

B.                     Commercial vehicles actively making deliveries or providing services.

C.                     Tow trucks and similar vehicles providing services.

D.                     Public or utility vehicles and trailers providing services as set forth in MBMC Section 14.08.080 Subsections A & C which states:

A. “Vehicles operated by the Police or Fire Departments, any public ambulance or any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified by the Vehicle Code in response to an emergency call; or

C. Any vehicle of a City department, trash or street sweeping city contractor or public utility while necessary in use for construction, repair work or the conduct of other city business or any vehicle owned or operated by the United States Post Office Department while in use for the collection, transportation or delivery of United States mail.”

E.                     Public emergency vehicles.

F.                     Oversized vehicles or trailers owned by government authorities that are temporarily parked while the operator of the vehicle is conducting official business.

G.                     Vehicles stopped to avoid immediate conflicts with other traffic or to comply with directions of a police officer or official traffic control device.

 

The City also prohibits the use electrical cords, extension cords, hoses, cables, or other items across, above or on the parkway or sidewalk from any residential or commercial property to an oversized vehicle or trailer parked on a public street.

 

Detached Trailers

MBMC Section 14.36.180 titled, “Parking of non-motorized vehicles and trailers prohibited on City streets,” prohibits the parking, stopping, or standing of non-motorized vehicles and trailers on City streets and provides that non-motorized vehicles, trailers or semitrailers must be attached to a motor vehicle at all times unless they are being actively loaded or unloaded; disabled and are moved no longer than 8 hours after the breakdown; or are parked, stopped or standing with construction related equipment that is in compliance with a Construction Site Temporary Encroachment Permit.

 

Signage and Enforcement

The City currently has a total of 70 signs throughout the community prohibiting the parking of oversized vehicles and trailers (MBMC 14.46) or detached trailers (MBMC Section 14.36.180). Staff has identified 35 parking signs prohibiting oversized vehicles along Valley Drive near the areas of the Joslyn Community Center and Live Oak Park (11 signs); around the perimeter of Pacific Elementary School (16 signs); along Bell Avenue near Grand View Elementary School (5 signs); and on 18th Street just off of the east side of Sepulveda Blvd (3 signs). The remaining 35 parking signs regarding the prohibition of detached trailers anywhere in the City are posted around the perimeter of the City (see attached map).

 

Those in violation of MBMC Chapter 14.46 and Section 14.36.180 are guilty of an infraction and are subject to towing and a citation. The Police Department has not issued any citations in 2023 pertaining to oversized vehicle violations.


DISCUSSION:

In an effort to review how the City’s current Municipal Code could be enhanced, staff researched the municipal codes of neighboring cities. The following is a breakdown of each of those cities and their current practices in regard to the parking of oversized vehicles. Currently, the City’s code does not prohibit overnight parking of an oversized vehicle, unless it is in an area where oversized vehicle parking is prohibited as indicated by signage.

 

Permit Programs
The cities listed below do not allow for the parking of oversized vehicles (times vary) unless they are permitted or meet criteria that would qualify them as an exception, much like Manhattan Beach’s exceptions as listed above. Each of the cities have an application process to register and receive permits for the parking of oversized vehicles for residents or their guests. The fees, issuance, duration, and limits of all registrations or permits vary. In addition, all of the cities, with the exception of Gardena, have a separate program for oversized vehicle disabled parking permits. The cities consider violations an infraction and vehicles may be towed and are subject to a citation. Use of any fraudulent, forged, altered or counterfeit permits or registrations are a misdemeanor.

 

The intent of these permit processes is to allow an oversized vehicle to park on a public street for a limited time, generally for the purposes of loading and unloading.

 

The following list summarizes different types of oversized vehicle programs with corresponding cities that have enacted similar regulations.

 

No Oversized Vehicle Parking at Any Time Without a Permit (Hermosa Beach and Torrance)

City of Hermosa Beach:

•                     Issued permits for residents and guests are valid for 24 hours and allow for parking from 12:00 p.m.-11:59 a.m. Applicants may request no more than 3 consecutive permits at one time (72 hours).

•                     Limits: Applicants cannot be issued more than 24 permits within a 90 day period and no more than 96 permits in a calendar year. Guests of residents may not be issued more than 9 permits in a calendar year. 

•                     Restriction: Permit holders must park directly in front of, on the side of, or as close as possible to the residence in which the permit is registered. Permit holders shall pay any applicable parking meter charges for all spaces occupied.

•                     Resident vehicle registration fee: $51 per year.

•                     Permit fee: Free.

 

City of Torrance:

•                     Issued permits are valid for 24 hours from 12:00 p.m. until 11:59 a.m. Residents can request up to 3 consecutive permits at one time. Guests can request up to 14 consecutive permits at one time. 

•                     Limits: Residents can be issued no more than 24 permits in any 90 day period and not more than 96 in a calendar year. Guests can be issued no more than 30 permits in a calendar year.

•                     Restriction: Permit holders must park directly in front of the residence in which is it is registered (or the side of the property if it is a corner lot).

•                     Resident vehicle registration fee: $25 one-time fee.

•                     Resident permit fee: $10 for one day; 24 daily permits for $20; 48 daily permits for $40; and 96 daily permits for $80.

•                     Guest permit fee: $15 per day.

 

Daytime Oversized Vehicle Parking Allowed. Permit Required for Overnight Oversized Vehicle Parking (El Segundo, Gardena, Redondo Beach)

City of El Segundo:

•                     Issued permits for residents and guests are valid for 2 consecutive days and allow for parking from 2:00 a.m. - 6:00 a.m. Applicants may request no more than 2 consecutive permits at one time, which would allow for 4 consecutive days of parking.

•                     Limits: Applicants may request no more than 12 2-day permits per quarter.

•                     Restriction: Permit holders must park adjacent to the residence in which the permit is registered.

•                     Resident vehicle registration fee: Free - valid for life of vehicle.

•                     Permit fee: Free.

 

City of Gardena:

•                     Issued permits are valid 2 years for residents and 2 weeks for guests (with the ability to request a one-week extension) and allow for parking from 10:00 p.m.-6:00 a.m.

•                     Limits: Residents may apply for additional permits without limitation on the number of successive permits issued, but only one permit can be issued for each residential address in the city; not including a guest permit. No RV guest permits will be issued for a residential address for more than 60 total calendar days in any consecutive 12 month period, regardless of the number of out-of-town visitors during that time.

•                     Restriction: Permit holders must park along the curb line within the same block as the as the residence in which the permit it issued. If residence is on a corner, then the permit holder may park along the curb line of either of the streets on the block on which the residence is located.

•                     Registration and permitting are part of the same process. There is no fee.

 

City of Redondo Beach:

•                     Issued permits are valid for one day and allow for parking from 2:00 a.m. - 6:00 a.m. Residents can be permitted for 3 consecutive weekdays (72 hours) and must be absent from the location for 24 hours from the expiration of the permits to be able to park overnight at the location again. Residents are required to obtain permits to park Tuesday-Friday. Guest permits are valid for a maximum of 7 days including Saturday and Sunday.

•                     Limits: Residents cannot be issued more than 6 overnight parking permits per month and no more than 60 permits in a calendar year on Tuesday-Friday. Guests can be issued no more than 3 permits in a calendar year.

•                     Restriction: Permit holders must park adjacent to the residence in which the permit is registered or within 400 feet if parking is not available due to curb configuration or codified parking restrictions. Permit holders need to comply with street sweeping. 

•                     Resident vehicle registration fee: One-time fee. $20 if registered in Redondo Beach per the DMV or $30 if the vehicle is registered to an address outside the City.

•                     Resident permit fee not listed.

•                     Guest permit fee: $15 per permit.

 

Oversized Vehicle Parking Allowed for Limited Period of Time Without Permit, Parking for Longer Period of Time Requires Permit (Hawthorne)

City of Hawthorne

•                     Residents or their guests can park up to 48 hours without a permit. Issued permits are valid for 24 hours and are not to exceed 72 consecutive hours.

•                     Limits: Residents cannot be issued more than 20 permits to any resident or any one vehicle in a calendar year and 72 hours must elapse between permits.

•                     Restriction: Permit holders must park within the same block as the residence in which the permit is registered and on either side of the street.

•                     No vehicle registration program.

•                     Permit fee: Free.

 

No Permit Program (Beverly Hills)

The City of Beverly Hills currently does not allow for the parking of oversized vehicles on any street as designated by the director of community development within a residential zone. There are a few exemptions, notably, any vehicle engaged in the loading or unloading adjacent to the residence.


POLICY ALTERNATIVES:

OPTION # 1: Status Quo (Maintain Current Municipal Code Provisions)
Should City Council express that no changes need to be made to the City’s current approach, Council can direct staff to take no additional action on the matter.

OPTION #2: Status Quo with Additional Prohibited Areas as Designated by the Police Chief and City Traffic Engineer

This option would require the Police Chief and City Traffic Engineer to evaluate and determine if any new areas would benefit from the prohibition of the parking of oversized vehicles (provided that there is a legitimate health and safety reason to include new areas). If new areas are identified, the City would need to purchase and install signage before enforcing those areas. If necessary, staff would return to City Council for an appropriation of funds.

OPTION #3: Revise the City’s Municipal Code to Establish a Permitting Process
Considering the reported research of our neighboring cities, City Council may want to consider establishing a permitting process to supplement some of the current Municipal Code provisions. This option would require additional staff time on a one-time and ongoing basis as the City would need to establish a process to implement and maintain it. If desired, some costs could be recovered through fees, similar to cities surveyed in staff’s analysis.

 

Should City Council select Option #3, staff will return with a draft ordinance that includes recommended parameters based off of best practices, enforcement expectations and to facilitate an uncomplicated resident experience when obtaining permits. The recommended parameters are as follows:

 

•                     Permit Program Type: No oversized vehicle parking at any time without a permit. If the vehicle of a resident or their guest meets or exceeds the definition of an oversized vehicle, a permit will need to be obtained in order to park on the street.

•                     Issuance: Residents will submit an application in order to receive a permit. Residents may also submit a secondary application in order to receive a guest permit. The guest permit is transferable and does not need to be assigned to a particular oversized vehicle.

•                     Application: Staff would reserve the ability to create an online permitting system. The following information would be requested of the resident:

o                     Resident Permit:

§                     Name and address

§                     Phone and e-mail

§                     Vehicle license number and license state

§                     Make, model, year, color, vehicle length.

o                     Guest Permit:

§                     Name and address of resident obtaining permit

§                     Phone and email address of resident obtaining permit

•                     Fee: Annually, the first permit will be issued at no cost to the resident. The fee of the guest permit is yet to be determined.

•                     Duration: Permits are valid for one year (July 1 - June 30). Residents will need to reapply for permits annually.

•                     Limits: Oversized vehicle parking permits are limited to two permits per year (one for the resident and one for their guests).

•                     Restrictions:

o                     Due to narrow streets and limited parking within the city, permit holders do not have to park directly in front of the associated residence. Permit holders may park on any street unless otherwise prohibited by signage, other markings, or if it presents a traffic or safety concern to pedestrians or other drivers. All other parking restrictions must be observed.

o                     Issuance of a permit does not allow the holder to utilize hook-ups (electrical cords, extension cords, hoses, cables, etc.), per MBMC Section 14.46.050.

•                     Enforcement:

o                     Permitted oversized vehicles can be parked in the same location for up to 72 hours. Permit holders will abide by MBMC Section 14.36.060: no person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of 72 hours.

o                     Permit holders will need to comply with any street sweeping.

o                     If parking in a metered space, permit holders will need to fund the meters for all spaces utilized.

•                     Penalties for Violations:

o                     Every person who violates the parking parameters is guilty of an infraction and will be subject to citation, towing, or both. Typically, in lieu of criminal prosecution, an administrative citation would be issued per MBMC Chapter 1.06. The current fine schedule is: $100 for the first violation, $200 for a second violation within 12 months, and $500 for each additional violation within 12 months.

o                     Every person who displays fraudulent, forged, altered, or counterfeit oversized vehicle permits or permit numbers is guilty of a misdemeanor.

o                     Every person who forges, alters, or counterfeits an oversized vehicle parking permit is guilty of a misdemeanor. Once again, in lieu of criminal prosecution, the City Prosecutor has the discretion to issue an administrative citation in lieu of prosecuting a misdemeanor per MBMC Chapter 1.06.  The penalties for this violation is: 1. A fine of not more than One Thousand ($1,000) Dollars; or 2.Imprisonment in the City Jail or the County Jail for a period not exceeding six (6) months; or 3.Both such fine and imprisonment.

•                     Exceptions: The city’s current exceptions will remain in place with the addition of those oversized vehicles displaying a valid permit.

 

Any additional details will be provided within the draft ordinance and will be available for City Council consideration.

 

CONCLUSION:

Staff recommends that City Council discuss and provide direction based off of the options provided and determine if they would like to update the City’s regulations regarding the overnight parking of oversized vehicles. If City Council chooses Option 3, staff will return with a report and an updated ordinance for consideration with the parameters mentioned in the report, unless otherwise directed by the City Council.

 

PUBLIC OUTREACH:
After analysis, staff determined that public outreach was not required at this time. Dependent upon City Council direction, public outreach and education may be required.

ENVIRONMENTAL REVIEW:
The City Council’s discussion of existing regulations and policy alternatives related to oversized vehicles is not a “project” as defined under Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus no environmental review is necessary. In the event that the City Council directs staff to prepare amendments to the Municipal Code, at that time, said activity would be subject to CEQA. 

LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.

 

ATTACHMENT:
1. Municipal Code Chapter 14.46 - On-Street Parking of Oversized Vehicles and Trailers

2. Municipal Code Sections 14.36.060 and 14.36.180

3. Map - Oversized Vehicle and Detached Trailer Parking Sign Locations

4. Neighboring Cities Oversized Vehicle Regulations Comparison

5. PowerPoint Presentation