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POLICY AND PROCEDURES FOR ON-STREET PHYSICALLY CHALLENGED
ACCESSIBLE PARKING SPACE (BLUE CURB PARKING POLICY)
City of Commerce
Policy and Procedures for On-Street Physically
Challenged Accessible Parking Space
“Blue Curb Parking Policy”
Approved by:
City of Commerce City Council
October 11, 2022
POLICY AND PROCEDURES FOR ON-STREET PHYSICALLY CHALLENGED ACCESSIBLE PARKING
SPACE (BLUE CURB PARKING POLICY)
REVISED SEPTEMBER 2022
CITY OF COMMERCE | Page 2 of 13
I. POLICY
Objective: It is the objective of this policy to accommodate the needs of the community in the City of Commerce for the installation of on-street physically challenged accessible parking spaces (from this point on referred to as a “blue curb”) on residential streets/areas when no off-street or on property parking option is available. Industrial and commercial streets/areas shall not be considered for review, unless qualifying for the special exceptions outlined in Principles. Each application will be reviewed on a case-by-case basis and at the discretion of the Traffic Commission and/or the Director of Public Works.
Purpose: The purpose of this policy is to set forth the process and criteria by which the installation of a blue curb may be recommended to the Traffic Commission and to identify the conditions which they may be installed on public streets. For purposes of this policy the term “public street” shall not include alleys, whether public or private.
A. Principles:
1. The decision to install a blue curb will be based on an evaluation of the available options and the specific needs of the applicant.
2. On-street blue curbs cannot be reserved in any manner and are not intended as a means to reserve a private parking space in front of an individual’s house. Blue curbs are available for use on a first-come-first-served basis by anyone possessing a valid DMV-issued Disabled Person’s placard (either blue or red) and/or DMV-issued Disabled Person’s license plate.
3. The City of Commerce will not address disputes amongst residents over the use of blue curbs.
4. Requests for a blue curb on industrial and commercial streets shall not be considered unless it meets the exceptions outlined below.
5. Requests for a blue curb for apartments (or dwellings) with 5 or more units shall not be considered.
6. The standard blue curb shall be at minimum 20-feet in length and not less than 8-feet in width. If after painting the curb the remaining space between driveways cannot accommodate another parked vehicle, the remaining space shall be painted red to prevent drivers from parking illegally or blocking a driveway.
POLICY AND PROCEDURES FOR ON-STREET PHYSICALLY CHALLENGED ACCESSIBLE PARKING
SPACE (BLUE CURB PARKING POLICY)
REVISED SEPTEMBER 2022
CITY OF COMMERCE | Page 3 of 13
7. A blue curb must comply with Americans with Disabilities Act (ADA) requirements.
8. For requests for a blue curb on industrial and commercial streets the City of Commerce prefers that blue curbs be located off-street whenever feasible and appropriate.
9. Due to shortage of on-street parking in the City, any request for blue curbs at a location with available on-site parking will not be considered unless appealed as outlined in the appeal section.
10.Parking in the City of Commerce is impacted citywide and on-street blue curbs will be considered in all neighborhoods as the existing on-street parking demand does not allow residents to have general use of on-street parking convenient to their residence.
11.All existing on-street blue curbs will be documented and evaluated by staff for utilization. If the spaces are determined to be no longer used, they may be removed with proper noticing at the direction of the Traffic Commission’s and/or the Director of Public Works .
12.The issuance of any valid Disabled Person’s Placard is charged to the medical authority and the California Department of Motor Vehicles (DMV). The City of Commerce will not further investigate the validity of any such placard, other than getting confirmation from the DMV.
13.On-street blue curbs shall provide the shortest, and most reasonable, accessible path of travel to the residence. The Applicant's residence must be adjacent to a compliant corner curb ramp or the applicant's driveway substantially complies with curb ramp requirements contained in the ADA Accessibility Guidelines Section 4.7: Curb Ramps.
If not, one must be constructed where an on-street accessible space is installed at the applicant's or property owner's expense.
14.The number of blue curbs allowed per block may be limited by the number of existing blue curb spaces in proximity to the proposed blue curb location. Utilization of any existing blue curb spaces will be taken into consideration along with the specific needs of the applicant.
15.Applications for on-street blue curb may not be processed for temporary or short-term use by the applicant. A blue placard designated a “permanent” disability, whereas a red placard designated a “temporary” disability.
16.An applicant who has been granted an on-street blue curb must still adhere to all
POLICY AND PROCEDURES FOR ON-STREET PHYSICALLY CHALLENGED ACCESSIBLE PARKING
SPACE (BLUE CURB PARKING POLICY)
REVISED SEPTEMBER 2022
CITY OF COMMERCE | Page 4 of 13
parking laws and regulations, as statutorily regulated in the California Vehicle Code and also in the City of Commerce Municipal Code.
17.Blue curb requests to be utilized by buses, transport or caregivers will not be considered since blue curbs are intended as a direct benefit to Commerce residents only.
18.The City also takes into consideration the following elements to ensure that no significant impacts may result from the installation of a blue curb space.
Existing Parking Restrictions:
a. Statutory Restriction: Existing parking or regulatory restrictions that prohibit parking in front of the applicant’s residence cannot be removed to accommodate a blue curb space.
b. Parking Demand: The existing on-street parking demand during evenings and weekends must exceed 70% of the available on-street parking within 500-feet of the requested blue curb space location. There should also be no other existing blue curb spaces within 150-feet in any direction of the proposed location.
c. Passenger Side-Vehicle Entry: In cases where passenger side-entry of the applicant’s vehicle is required, the sidewalk or park strip in front of the proposed blue curb space should be unobstructed or mitigated for access at the cost of the homeowner prior to installation of the blue curb space. d. Roadway Safety: No unusual roadway characteristics should be present that may impact roadway operations or entry/exit from the driver-side of the applicant’s vehicle such as curves in the roadway or pavement failure.
The resident’s property must lack a driveway to their residence and not have a garage in order to allow the installation of handicap parking along the property’s frontage along the public street.
The property of the owner/resident requesting the handicapped parking must not have a garage of sufficient length x width x height (20-feet x 12-feet x 8-fee) or a driveway of sufficient length x width (20-feet x 14-feet) to accommodate a handicapped vehicle.
Having a cluttered garage or other vehicles in the garage would not be a viable reason for not satisfying this requirement. If the property has the sufficient dimension requirements for a garage but does not meet the sufficient dimension requirements
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SPACE (BLUE CURB PARKING POLICY)
REVISED SEPTEMBER 2022
CITY OF COMMERCE | Page 5 of 13
for a driveway and does not have ADA access from the garage entrance into the residence, the property maybe be eligible for a blue curb space.
19.In approving a disabled parking space, the City is not making any representations regarding the safety or suitability of the parking space for disabled parking. The Applicant shall use the disabled parking space at his or her own risk. The City shall not be responsible for any damages or injuries to the Applicant or any other person resulting from the use of the parking space for disabled parking. The Applicant shall be provided notice of this paragraph at the time the Public Works Director approves an application pursuant to this policy.
B. Exceptions:
Existing non-residential streets and sidewalks and qualified people-with-disabilities and representatives of places of public accommodations (businesses, medical facilities, places of worship, etc.) may request installation of blue curb spaces on non-residential streets. Blue curb spaces will be established where a demonstrated need for such space is shown. The following criteria will be considered in determining whether a demonstrated need is shown:
1. Off-street parking is unavailable or where available is not accessible to persons with disabilities, as required by State and/or Federal laws.
2. Parking in the proposed location and on surrounding City streets is frequently not available requiring persons with disabilities to park an unreasonable distance (approximately 350-feet) from the business or requiring usage of routes that are not accessible to persons with disabilities as required by State and/or Federal laws.
3. The surface of proposed on-street accessible parking locations including access aisles should not exceed 5% slope (1:20) in any direction, and no other hazardous surface condition should exist in the immediate area. The Applicant's business must be adjacent to a compliant corner curb ramp as contained in the ADA Accessibility Guidelines Section 4.7: Curb Ramps. If not, one must be constructed where an onstreet accessible space is installed at the applicant's or property owner's expense.
4. Establishment of new blue curb spaces should not result in the net loss if existing metered parking spaces (if any).
5. There is no existing blue curb space in the same block within 150-feet of the applicant’s address in any direction.
POLICY AND PROCEDURES FOR ON-STREET PHYSICALLY CHALLENGED ACCESSIBLE PARKING
SPACE (BLUE CURB PARKING POLICY)
REVISED SEPTEMBER 2022
CITY OF COMMERCE | Page 6 of 13
II. PROCEDURES
A. Screening and Submittal Process
To process an application for blue curbs, an applicant must complete and submit a “Resident On-Street Blue Curb Request From” application available at the City, please refer to Attachment 1 for the application. Each application will be reviewed following the screening criteria on a case-by-case basis in a two-step process as follows:
Step 1: Applicants are required to fill out and submit the “Screening Application” form available at the City, please refer to Form 1 for the application. This serves as an initial screening tool for applicants based on 9 criteria, if YES is answered to any of the questions listed below (questions 1 through 9 in the application) the request for a blue curb will be denied and not brought before the Traffic Commission, except for Question 1 where it meets the exceptions outlined in the section “Exceptions” of the Policy. If the request is denied, a denial letter will be mailed to the applicant, if the applicant provided an email address, the denial letter will also be sent via email. The applicant may appeal the denial of their application by filling out and returning the “Request to Appeal to Traffic Commission” form by either mail, email, or hand delivery. The applicant shall submit their request for appeal by submitting the completed form to the Public Works Department within 14 calendar days from date of the denial letter.
Step 1 Screening Criteria Questions 1 through 9:
1. Is this request for a business or commercial property?
2. Is there an existing blue curb within 1 block that can be used?
3. Does the request property have on-site parking?
4. Does the request property have a driveway?
5. Can at least one vehicle park in the driveway?
6. Does the request property have a garage or carport?
7. Does the request property have access to a back alley where a car can park inside the property or along the alley?
8. Is this request for an apartment with 5 or more units?
POLICY AND PROCEDURES FOR ON-STREET PHYSICALLY CHALLENGED ACCESSIBLE PARKING
SPACE (BLUE CURB PARKING POLICY)
REVISED SEPTEMBER 2022
CITY OF COMMERCE | Page 7 of 13
9. Is this request for bus or van pick up use?
Step 2: If an applicant answered NO to all questions listed above (questions 1 through 9 in the application), then the applicant will be contacted by City staff for subsequent information needed prior to review by the Traffic Commission. Each request will be evaluated on a case-by-case basis. The applicant or a representative of the applicant must be present when the request is taken before the Traffic Commission for review.
If the request will be brought before the Traffic Commission for review, the applicant will be required to submit the following information:
1. A completed Blue Curb request application, including all applicable City forms.
2. Along with a completed application, the applicant must submit a petition on a City form, with at least five (5) signatures of nearby residents/neighbors. All neighbors filling out the petition must live in the same block as the applicant. The five-signature requirement will be re-assessed by the City if the applicant is in an area where there are less than five residents.
3. Proof of a physically challenged parking placard from the applicant, (including number and color) or disabled person's license plate number.
The applicant has a disability as defined by the Americans with Disabilities Act of 1990 that prevents him or her from walking long distances and be in possession of a Disabled Person License Plate with adequate identification (ID) or a permanent Disabled Person Placard ID Card, as required by the California Vehicle Code Section 5007, 22511.55 or 22511.59.
4. Proof of residency - the applicant must be a full-time resident of the address in question. The applicant shall provide two (2) forms of proof of residency including:
(i) a rental agreement, homeowner's insurance policy statement, or Commerce Resident Activity Card and (ii) one other form of proof, either utility statement or California driver's license.
5. The applicant shall also provide a California Department of Motor Vehicles (DMV) vehicle registration in his/her own name or vehicle registration of his/her primary livein caregiver who resides full time at the address in question. Vehicle registration street address must match the proposed Blue Curb street address.
POLICY AND PROCEDURES FOR ON-STREET PHYSICALLY CHALLENGED ACCESSIBLE PARKING
SPACE (BLUE CURB PARKING POLICY)
REVISED SEPTEMBER 2022
CITY OF COMMERCE | Page 8 of 13
6. The applicant may be the property owner. If the applicant is not the owner, the applicant shall notify the property owner in writing on “Tenant Addendum” form to install the Blue Curb Parking Space.
7. If the parking space cannot be located in front of the applicant's residence but must be located in front of another residence on the applicant's street, the applicant must obtain written permission on the “Neighbor Addendum” form from the owner of the property in which the proposed space will be in front of.
8. Written justification from the applicant for requesting the installation of an on-street physically challenged accessible parking space in lieu of using the driveway:
An explanation as to why the off-street parking, if any, at the applicant's residence is inadequate to satisfy the applicant's accessibility requirements. This may be demonstrated through such factors as garage or driveway width, slope, the presence of physical barriers, etc. Using off-street parking for another use is not a valid reason.
For example, it would not be valid to request a disabled parking space because the applicant’s driveway is used for another car. If modifications to this off-street parking would allow the parking area to meet accessibility requirements, the applicant must demonstrate why it is not feasible for the applicant to make these modifications.
9. The City may impose a fee at actual cost for staff processing and implementing an onstreet physically challenged accessible parking space request.
B. Analysis of Application
1. Review submitted material from applicant.
2. Based on this policy and application in step 1, determine if there is adequate justification to allow or not allow blue curb space to be installed.
3. Evaluate the existing conditions based on the criteria set in the Principles section including driveway width, parking conditions, curb ramps, existing blue curb in the area, etc.
4. Review any written support documents submitted by the applicant from neighbors in the area. If necessary, confer with the adjacent neighbor, property owner and Staff regarding the possible installation.
5. The Public Works Department. will complete the necessary administrative and field
POLICY AND PROCEDURES FOR ON-STREET PHYSICALLY CHALLENGED ACCESSIBLE PARKING
SPACE (BLUE CURB PARKING POLICY)
REVISED SEPTEMBER 2022
CITY OF COMMERCE | Page 9 of 13
work and respond to the applicant.
6. If approved, a service request for installation is issued.
7. The actual limits of the on street physically challenged accessible space and sign location are marked in the field by traffic engineering staff for proper installation by the Public Works Department. or contractor for such services.
8. If not justified, applicant will explore other options, such as the widening of the driveway at the applicant's or property owner's expense.
C. Appeals
If the request is denied during the Screening Phase, a denial letter will be mailed to the applicant, if the applicant provided an email address, the denial letter will also be sent via email. The applicant may appeal the denial of their application by filling out and returning the “Request to Appeal to Traffic Commission” form by either mail, email, or hand delivery.
The applicant shall submit their request for appeal by submitting the completed form to the Public Works Department within 14 calendar days from date of the denial letter. Their application will then be presented to the Traffic Commission for consideration.
If the request is denied by the Traffic Commission, the request may be then appealed by the applicant to the City Council by filling out and mailing the “Request to Appeal to the City Council” form. The applicant shall submit their request for appeal by submitting the completed form to the Public Works Department within 14 calendar days from date of denial by either mail, email, or hand delivery. City Council decision will be considered final, and no further appeals will be granted.
D. Biennial Re-Application
1. For an on-street Blue Curb to remain, the applicant will be required to fill out and submit the “Biennial Re-Application” form every two years to the Public Works Department. This re-application form will be mailed to all applicants with a previously approved space, and property owners who have an on-street Blue Curb in front of their property.
2. If no re-application form is received within 15 working days, staff will attempt a second means of contact. This may include a second letter, a phone call, an e-mail or a personal visit by staff to the residence. Should no response be forthcoming from the applicant within a reasonable amount of response time, a service request may be processed for the space markings and sign to be removed.
POLICY AND PROCEDURES FOR ON-STREET PHYSICALLY CHALLENGED ACCESSIBLE PARKING
SPACE (BLUE CURB PARKING POLICY)
REVISED SEPTEMBER 2022
CITY OF COMMERCE | Page 10 of 13
3. The re-application period shall be from July to August every two years.
E. Application for Removal
1. A blue curb can be removed following the submittal of a filled-out “Removal” form.
2. If a party other than the person who requested the blue curb space installation submits the application for removal, the original applicant is contacted to determine if the space is still being used.
3. The Public Works Department may obtain input from other departments, as necessary, regarding observations of on street Blue Curb utilization.
4. If the on-street Blue Curb is no longer necessary, or if the original applicant is deceased, the applicant or a family member shall contact the Public Works Department for removal of on-street Blue Curb within 30 days.
5. If the Public Works Department is contacted about a space that is no longer needed or utilized, it shall follow up by contacting the original requestor (or their family member) as to the need for the parking space and take the appropriate action.
F. Application for Transfer
1. If the on-street Blue Curb is no longer needed by the original applicant, or if the original applicant is deceased, an existing blue curb can be transferred following the submittal of a filled-out completed Blue Curb request application, including all applicable City forms per Section A, Screening and Submittal Process.
2. If the Public Works Department is contacted about a space that is no longer needed or utilized by the original applicant, the original requestor (or their family member) will be contacted as to the need for the parking space.
3. The application will be evaluated according to Section B, Analysis of Application.
4. If the applicant meets the criteria set forth by the Policy, then the on-street Blue Curb shall remain.
G. Procedure Review
The on-street Blue Curb procedures will be reviewed by the Public Works Department
POLICY AND PROCEDURES FOR ON-STREET PHYSICALLY CHALLENGED ACCESSIBLE PARKING
SPACE (BLUE CURB PARKING POLICY)
REVISED SEPTEMBER 2022
CITY OF COMMERCE | Page 11 of 13
periodically to determine their applicability and approach to customer service. Any significant changes to the procedures will be submitted to the Traffic Commission for review.
H. Conditions
If the Applicant meets all the above criteria, the following requirements must be met, and conditions agreed to before implementation:
1. The Applicant is under duty to inform the City if the Blue Curb is no longer required and the City has the option of removing such Blue Curb.
2. The Applicant must observe and obey all parking regulations.
3. In approving a disabled parking space, the City is not making any representations regarding the safety or suitability of the parking space for disabled parking. The Applicant shall use the disabled parking space at his or her own risk. The City shall not be responsible for any damages or injuries to the Applicant or any other person resulting from the use of the parking space for disabled parking. The Applicant shall be provided notice of this paragraph at the time the Public Works Director approves an application pursuant to this policy.
4. A disabled parking space shall not be misused. Any misuse shall result in the removal of the space. Misuse shall be determined by the City, in its discretion. In ascertaining whether a disabled space has been misused, the City shall consider the following factors:
a. The extent of the applicant's disability;
b. The length of time in which the applicant has left the vehicle in the space without operating it;
c. Misuse of the applicant's disabled placard or license plates; d. Any other factors the City deems reasonable and relevant to the issue. e. The disabled parking space is not a private space and may be used by other vehicles licensed to park in a disabled parking zone on a first-come first-serve basis.
f. The space shall not to be used for long-term storage of vehicles. The vehicle must
POLICY AND PROCEDURES FOR ON-STREET PHYSICALLY CHALLENGED ACCESSIBLE PARKING
SPACE (BLUE CURB PARKING POLICY)
REVISED SEPTEMBER 2022
CITY OF COMMERCE | Page 12 of 13
be kept in good repair and shall be operational, as outlined in the California Vehicle Code. For the purpose of this policy, long-term storage of vehicles is defined as any vehicle parked or left standing on a public street in the same location and not driven or moved in excess of 14 consecutive calendar days.
The above conditions are "non-negotiable" and are deemed final.
FORMS
Form 1. SCREENING APPLICATION FORM
Form 2. STEP 2 APPLICATION INFORMATION FORM
Form 3. STEP 2 APPLICATION ADDENDUM IF APPLICANT IS THE TENANT AND NOT
THE PROPERTY OWNER
Form 4. STEP 2 APPLICATION ADDENDUM IF APPLICANT IS INTENDING TO INSTALL THE BLUE CURB PARKING SPACE IN FRONT OF NEIGHBOR’S
RESIDENCE
Form 5. BIENNIAL RE-APPLICATION FOR BLUE CURB PARKING SPACE Form 6. APPLICATION FOR REMOVAL OF BLUE CURB PARKING SPACE Form 7. REQUEST TO APPEAL TO TRAFFIC COMMISSION
Form 8. REQUEST TO APPEAL TO CITY COUNCIL
POLICY AND PROCEDURES FOR ON-STREET PHYSICALLY CHALLENGED ACCESSIBLE PARKING
SPACE (BLUE CURB PARKING POLICY)
REVISED SEPTEMBER 2022
CITY OF COMMERCE | Page 13 of 13
Diagram Rendition of On-Street Disabled Persons Parking Space (Blue Curb)1 1 California Manual of Uniform Traffic Control Devised (CAMUTCD), Chapter 3B – Pavement and Curb Markings, Part 3 – Markings, Revision 2 (March 29, 2019)