ATTACHMENT 1 – 1
Eff.: ORDINANCE NO. ____
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BURBANK AMENDING TITLE 6 (MOTOR VEHICLES AND
TRAFFIC), CHAPTER 1 (VEHICLES AND TRAFFIC) OF THE
BURBANK MUNICIPAL CODE RELATING TO PARKING
NEAR INTERSECTIONS
City Attorney’s Synopsis
This Ordinance amends Title 6, Chapter 1 of the Burbank Municipal Code by clarifying the City’s parking restrictions near intersections, crosswalks, traffic control devices and stop signs in compliance with recent updates to California Vehicle Code Section 22500.
THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. Assembly Bill (“AB”) 413 amended California Vehicle Code Section 22500 by prohibiting parking statewide within 20 feet of the vehicle approach side of any marked or unmarked crosswalk, or within 15 feet of any crosswalk where a curb extension is present, regardless of whether the no- parking area is marked with signage or paint .
Beginning on January 1, 2025, parking restrictions near crosswalks under AB 413 may be enforced by issuing citations. Prior to this time, enforcement was limited to issuing a warning.
B. AB 413 allows local authorities to establish different parking restrictions near crosswalks by ordinance if the different distance is justified by established safety standards and if the no parking area is marked using paint or a sign.
C. Visibility and sight distance are important safety factors at intersections.
The National Association of City Transportation Officials (“NACTO”) explains that in urban areas, corners of intersections frequently act as gathering places for people, businesses, bus stops, bicycle parking, and other elements, and therefore intersection design should facilitate eye contact between all of these users rather than focusing solely on clear sightlines for moving traffic only. To improve safety through adequate sightlines, NACTO recommends restricting parking within 20 to 25 feet of intersections.1
D. However, NACTO acknowledges that a blanket statewide parking restriction near all intersections is not necessarily appropriate in every local jurisdiction and that cities should consider overall context to determine if a different local parking restriction may be more appropriate.2
1 https://nacto.org/publication/urban-street-design-guide/intersection-design-elements/visibility-sight- distance/
2 See AB 413 – 9/11/23 - Senate Floor Analyses, Comments available at:
https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=202320240AB413 ATTACHMENT 1 – 2
E. Data from the American Association of State Highway and Transportation Officials (“AASHTO”) shows that the sight distance required for drivers to react to and brake for unexpected events increases as speed increases. Further, driver’s reaction times increase by 35 percent when an event is unexpected. AASHTO advises that roadway designs should take driver reaction times into account.3
F. Burbank Municipal Code (“BMC”) Section 6- 1-1029 currently prohibits parking within 15 feet of an intersection or curb return, and within 25 feet of a traffic signal, stop sign, or electric flashing beacon, when signs or paint mark the no-parking areas. In practice, the City typically applies these no-parking restrictions at all corners of intersections along arterial roadways and other streets that generally experience higher rates of speed to account for increased driver reaction time. These local parkin g restrictions often exceed the parking restrictions established by AB 413 under California Vehicle Code Section 22500(n) by applying to all corners of an intersection (as opposed to only the vehicle approach side of an intersection), and by creating a larger no-parking zone by measuring from the curb return as opposed to the crosswalk.
G. The City Council desires to maintain the existing parking restrictions in BMC Section 6-1-1029, by finding that the distances therein are justified by established safety standards, including but not limited to the NACTO recommendation that parking be restricted within 20 to 25 feet of intersections, and the AASHTO recommendation that driver reaction times should be taken into account when designing safe intersections.
This Ordinance clarifies definitions and confirms the City’s local parking restrictions near intersections when red-painted or signed to reflect the restriction. When a curb near an intersection or crosswalk does not include any painted or signed parking restrictions, the default parking restriction under AB 413 will apply.
H. The City Council exercises its independent judgment and finds that the adoption of this Ordinance has no potential for resulting in a direct or reasonably foreseeable indirect physical change to the environment and as such, falls outside the definition of a “project” under the California Environmental Quality Act ( “CEQA”) and is therefore not subject to CEQA pursuant to Sections 15378 and 15060(c)(2)-(3) of Title 14 of the California Code of Regulations ( “CEQA Guidelines ”) because the Ordinance maintains existing parking restrictions in place as they currently exist. Furthermore, even if this action constitutes a “project” subject to CEQA review, it is exempt from environmental review pursuant to CEQA Guidelines Section 15301, as any decision to restrict on-street parking near intersections constitutes operation and minor alteration of existing street facilities involving negligible or no expansion of existing or former use and does not create additional automobile lanes. No unusual circumstances preclude the use of this exemption.
3 AASHTO. (2018). A Policy on Geometric Design of Highways and Streets (7th Ed.). The American Association of State Highway and Transportation Officials, AASHTO Greenbook, Washington DC.
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THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Findings. The City Council of the City of Burbank hereby finds that the above findings are true and correct and are hereby incorporated by reference.
Section 2. Amendment to Burbank Municipal Code (“BMC”) Section 6-1- 102. BMC Section 6-1-102 (Other Definitions) is amended by adding the following definition for “curb return” to read as follows (additions are marked in underline and deletions are marked in strikethrough):
“CURB RETURN: The curved portion of a street curb joining the normal curb line of a street with that of an intersecting street, alley, or driveway.”
Section 3. Amendment to BMC Section 6 -1-1029. BMC Section 6 -1-1029 (Stopping or Parking Prohibited at Certain Places) is amended and restated in its entirety to read as follows (additions are marked in underline and deletions are marked in strikethrough):
“6-1-1029: STOPPING OR PARKING PROHIBITED AT CERTAIN PLACES6:
Notwithstanding any different parking restrictions that may be established under California Vehicle Code Section 22500 , nNo person shall stop, stand or park a vehicle in any of the following places when they are so signed or marked as directed by the Public Works Director:
A. NEAR SAFETY ZONE.
At any place within twenty (20) feet of a point on the curb immediately opposite the mid-block end of a safety zone.
B. NEAR INTERSECTION.
At any place within fifteen (15) feet of the starting point of the curb return of an intersection or curb return, except that a bus or taxicab may stop at a designated bus or taxicab stop.
C. NEAR TRAFFIC CONTROL DEVICE OR STOP SIGN.
At any place wWithin twenty-five (25) feet of the approach to any traffic signal, stop sign, or official electric flashing device as measured from the corresponding traffic signal, stop sign, or official electric flashing device.
D. PLACES DESIGNATED BY PUBLIC WORKS DIRECTOR.
At any place where the Public Works Director in their discretion after due ATTACHMENT 1 – 4
consideration of all relevant factors determines that the stopping or parking of vehicles on a street constitutes a hazard to traffic, life or property, or an obstruction to adequate access by fire, police, health, sanitation or public utility vehicles.”
Section 4. Severability. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provisio n or application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 5. Environmental Review. Adoption of t his Ordinance has no potential for resulting in a direct or reasonably foreseeable indirect physical change to the environment and as such, falls outside the definition of a “project” under the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA pursuant to Sections 15378 and 15060(c)(2) -(3) of Title 14 of the California Code of Regulations (CEQA Guidelines) because the Ordinance maintains existing parking restrictions in place as they currently exist . Furthermore, even if this action constitutes a “project” subject to CEQA review, it is exempt from environmental review pursuant to CEQA Guidelines Section 15301, as any decision to restrict on-street parking near intersections constitutes operation and minor alteration of existing street facilities involving negligible or no expansion of existing or former use and does not create additional automobile lanes.
No unusual circumstances preclude the use of this exemption.
Section 6. Effective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.
PASSED AND ADOPTED this day of , 2025.
________________________
Nikki Perez
Mayor
Approved as to Form:
Attest: Office of the City Attorney
________________________ By: _______________________ Kimberley Clark, City Clerk Lisa Kurihara
Senior Assistant City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the day of , 2025, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following its _______, 2025 adoption.
___________________________
Kimberley Clark, City Clerk