REGULATION OF OVERSIZED VEHICLE PARKING/TEMPORARY RV PARKING PERMIT MARCH 14,2023
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The City of Downey has received complaints regarding the parking of recreational vehicles and other oversized vehicles on public streets and highways. These complaints have involved traffic and safety concerns resulting from oversized vehicles inhibiting line of sight (visibility) at intersections and driveways; decreased roadway space as a result of oversized vehicles parked along curbs that extend further into streets and highways (especially along more narrow residential streets); reduced on -street parking as a result of oversized vehicles occupying multiple on -street parking spaces; and persons living in recreational vehicles (and accompanying issues resulting from the improper disposal of waste).
The City Council and City Manager directed Staff to provide the City Council with its options to permit, restrict, and/or ban the parking of oversized vehicles — including recreational vehicles, on public streets and highways.
This report will not be addressing potential land -use regulations that the City could impose to regulate or ban the parking of oversized vehicles — including recreational vehicles, on private residential property.'
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California Vehicle Code Section 22507 explicitly authorizes local authorities, by ordinance or resolution, to prohibit or restrict the stopping, parking, or standing of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day. Such authorization explicitly authorizes the imposition of restrictions or a complete ban on vehicles that are six feet (6) or more in height that are located within 100 feet of any intersection.
The parking of recreational vehicles and other oversized vehicles on public streets creates a variety of concerns for the City — including traffic and safety concerns resulting from oversized vehicles inhibiting line of sight (visibility) at intersections and driveways; decreased roadway space as a result of oversized vehicles parked along curbs that extend further into streets and highways (especially along more narrow residential streets); reduced on -street parking as a result of oversized vehicles occupying multiple on -street parking spaces; and persons living in recreational vehicles (and accompanying issues resulting from the improper disposal of waste)
The proposed Ordinance defines "oversized vehicles" as
It should be noted, however, that the City has enacted Zoning regulations that restrict the parking of self-propelled and other types of recreational vehicles on private property — including within Single -Family (R-1) and Two -Family (R-2) Residential Zones. See DMC §9312.08(b)(13).
REGULATION OF OVERSIZED VEHICLE PARKING/TEMPORARY RV PARKING PERMIT MARCH 14,2023
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a) Any motorized vehicle and/or non -motorized vehicle(s), including any attached trailers, vehicles or loads thereon, which exceeds any of the following and/or any combination of the following: twenty-two feet (22') in length or seven feet (7') in width or seven feet (7') in height;
b) Any recreational vehicle (including, but not limited to, camp trailer, camper, fifth wheel travel trailer, mobilehome, boat, dune buggy, and ATV), irrespective of its height, width, or length.
The proposed Ordinance seeks to impose reasonable restrictions on the time, plans, and manner in which oversized vehicles can be parked on public streets, alleys, and highways within the City in order to alleviate the specific concerns that result from the parking of such vehicles on public property in the City.
The proposed Ordinance explicitly prohibits the parking of oversized vehicles — including recreational vehicles, as follows:
1. Qpytime Hours: No parking on any public street, alley, or highway for any period exceeding four (4) consecutive hours between 7:00 a.m. and 8:00 p.m.
2. Nighftime Hours: No parking on any public street, alley, or highway— orin any parking lot or structure owned, controlled, or operated by the City during the hours of
8:00 p.m. and 7:00 a.m. of the succeeding day.
The Ordinance provides exceptions to these restrictions to allow for the parking of oversized vehicles in limited circumstances — including, but not limited to, delivery vehicles parked while actively loading or unloading; vehicles actively providing a service to or on a property; governmental vehicles; school buses during the course of a student activity or event; and vehicles that are mechanically broken and in need of repair (for a period not to exceed 24 hours).
Additionally, the Ordinance allows for the overnight parking of recreational vehicles on public streets, as well as in excess of 4 hours during daytime hours, if that vehicle is displaying a current and valid permit issued by the City.
STREETS
The proposed Ordinance creates a program that allows residents (providing proof of residency) to obtain up to fifteen (15) permits per calendar year for the temporary parking of recreational vehicles. The permits would be valid for a period of up to 72 hours — however, residents would need to wait at least 24 hours from the expiration of one permit before another permit would be valid.
REGULATION OF OVERSIZED VEHICLE PARKING/TEMPORARY RV PARKING PERMIT MARCH 14,2023
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Although residents would be able to obtain permits to temporarily park recreational vehicles on public streets, the Ordinance would require such vehicles to be parked on the same block as the resident's address — and would be prohibited from being parked within one hundred feet (100') or in a manner that creates a dangerous traffic safety condition (e.g., obstructing a lane of traffic or visibility of traffic control devices; or hindering critical sight lines for driveways, alleyways, or streets).
The proposed • also creates a procedure where persons who have a disabled placard •: license plate issued •.. the Department • Motor Vehicles would also be eligible for obtaining a permit from the City authorizing the temporary parking of a recreational This Ordinance does not impact the parking of oversized vehicles or recreational vehicles on pn�o�_pMpedy — as the City already regulates such parking in the Downey Comprehensive Zoning Ordinance.
As provided by law, the proposed Ordinance would •- effective thirty (30) •. after adoption • the City •
Furthermore, as mandated by the California Vehicle Code — and as set forth in th,; proposed Ordinance, the parking prohibitions in this Ordinance applicable to streets an,"' •' would • be effective until such time as the City has installed required signage. [Such signage is not required for the effectiveness of the prohibitions related to parkinre in alleys.]
In the meantime, the Police Department and/or City StZff will commence an educational campaign to advise • residents and •'I • the City's new restrictions • the parking • oversized vehicles.
Quality of Life
REGULATION OF OVERSIZED VEHICLE PARKING/TEMPORARY RV PARKING PERM11 MARCH 14,2023
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There is no significant fiscal impact of the regulations in this Ordinance. Any costs resulting from the implementation of the temporary parking permit programs would be defrayed or borne by the cost of such permits.
ATTACHMENTS
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F,,1WRM=s
ATTACHMENT A
REGULATIONS ENACTED IN OTHER JURISDICTIONS
Several local municipalities have enacted some degree of regulations pertaining to the stopping, r)arking, and/or standinq of oversized vehicles — includinq recreational vehicles, on public streets Bell Garde Prohibited parking
Yes
between 2 am and
1 No more than 6 3-day
5 am
permits and 6 7-day
permits per calendar
- - - - — -------------- --
Long Bea Prohibited parking
Prohibited in
Yes
between 2 am and
residential areas
0 No more than 72 hours
5 am in non-
0 20/year
residential areas
_�parki
Los Angeles Prohibited parking
Los Ang d
Yes
2 am a
between 2 am and
No more than 3
6 am
consecutive days
Prohibited parking
No parking at City
Yes
between 8 pm and
parking lots or parks
0 4/month or 12/year
7 am; no longer
0 No more than 48 hours
than 4 hours all
other times
F§an Diego Prohibited parking
Yes
between 2 am and
No more than 24 hours
6 am
72/year
Santa Prohibited parking
Yes
Monica between 9 pm and
1 per 30-day period
6 am
Santa Prohibited in entire
Prohibited in entire
Yes
Barbara City where signs
City where signs
0 5 consecutive days
posted with limited
posted with limited
0 No more than 10
exceptions
exceptions
consecutive days in 90
calendar days
Different permit program
for contractors
oversized vehicles
loans im-Mm
WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and,
WHEREAS, the California Legislature has authorized local governments in California Vehicle Code Sections 22507 and 22507.5 to regulate vehicular parking on public streets and highways within their jurisdiction; and,
WHEREAS, the City Council of the City of Downey recognizes the legitimate use of oversized vehicles — including recreational vehicles, that requires such vehicles to be parked on public streets and highways; and,
WHEREAS, the City Council of the City of Downey also recognizes that the parking of oversized vehicles on public streets, alleys, and highways within the City have resulted in certain instances with health and safety concerns due to the height, width, and/or length of oversized vehicles, including, but not limited to:
a) Obstructions of line of sight (visibility) at intersections and driveways; b) Decreased roadway space resulting from oversized vehicles parked along curbs that extend further into streets and highways (especially along more narrow residential streets);
c) Improper disposal of waste accompanying persons living in recreational vehicles parked on public streets.
WHEREAS, the City Council of the City of Downey also recognizes that the parking of oversized vehicles on public streets results in a decrease of available off-street parking spaces due to the oversized vehicles utilizing multiple on -street parking spaces; and, WHEREAS, the City Council of the City of Downey seeks to impose appropriate time, place, and manner restrictions upon the parking of oversized vehicles on public streets to address the health and safety and on -street parking concerns, while still providing an opportunity for limited and temporary parking of recreational vehicles.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY
HEREBY ORDAINS AS FOLLOWS:
SECTION 1: Section 3120.5 ("Oversized Vehicle") of Part 1 ("Definitions") of Chapter 1 ("Traffic Regulations") of Article III ("Public Safety") to is hereby added as follows:
As used in this Chapter, "oversized vehicle" shall mean any of the following:
(a) Any motorized vehicle as defined in California Vehicle Code Section 670 or combination of motorized vehicle(s) and/or non -motorized vehicle(s), including any
ATTACHMENT B
attached trailers, vehicles or loads thereon, which exceeds any of the following or any combination of the following: twenty-two feet (22') in length or seven feet (7') in width or seven feet (7') in height.
(1) Height. The height of a vehicle shall be measured from the lowest point of the tire to the top of the vehicle or trailer roof or skylight, at its highest point. The height shall not include any antenna, but shall include any cab, camper shell, rack, or other device used to contain passengers or cargo that has been placed on the vehicle.
(2) Width. The width of a vehicle shall be measured at the widest point of the vehicle or trailer body, including any cab or camper shell that has been placed on the vehicle or trailer, and including any flares around the wheel wells — however, it shall not include and lights, mirrors, door handles, or similar attachments allowed by California Vehicle Code Sections 35109, 35110, or 35111, as same may be amended from time to time.
(3) Length. The length of a single vehicle (i.e., no trailer) shall be measured from leading edge of the front bumper to the trailing edge of the rear bumper, not including any projecting lights, trailer hitches, or winches. The length of a combination of vehicles (i.e., vehicle with trailer or camper) shall be measured from the leading edge of the front bumper of the towing vehicle to the trailing edge of the rear bumper or body (whichever is longer) of the towed vehicle or trailer. (b) Irrespective of height, width, or length, any recreational vehicle (as defined by this Chapter).
SECTION 2: Section 3127.5 ("Recreational Vehicle") of Part 1 ("Definitions") of Chapter 1 ("Traffic Regulations") of Article III ("Public Safety") to is hereby added as follows:
As used in this Chapter, "recreational vehicle" shall mean any of the following:
(a) Any camp trailer, camper, fifth wheel travel trailer, house car, mobilehome, trailer coach, as defined in California Vehicle Code Sections 242, 243, 324, 362, 396, 635, or successor statutes, or any recreational vehicle, as defined by California Health & Safety Code Section 18010 or successor statute. (b) A boat, dune buggy, all -terrain vehicle ("ATV") or other motorized or towed vehicle designed, maintained, or used primarily for recreational purposes.
SECTION 3: Section 3182.5 ("Parking of Vehicles Prohibited — Oversized Vehicles and Recreational Vehicles") of Part 10 ("Stopping, Standing and Parking") of Chapter 1 ("Traffic Regulations") of Article III ("Public Safety") to is hereby added as follows:
3182.5 Parking of Vehicles Prohibited — Oversized Vehicles Vehicles
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A. Long -Term Parking Prohibited. Unless otherwise exempted by this Section, no person shall stop, stand, park, or leave standing any oversized vehicle (including any recreational vehicle) on any public street, alley, or highway within the City for a period exceeding four (4) consecutive hours.
(a) For purposes of this Section, any oversized vehicle that is moved from one location or parking space ("original space") to a different location or parking place on the same block (as defined by Section 3199.1 of this Code) shall be deemed to be parked at the same original space.
B. Overnight Parking Prohibited. Unless otherwise exempted by this Section, no person shall stop, stand, park, or leave standing any oversized vehicle (including any recreational vehicle) on any public street, alley, or highway within the City — or in any parking lot or structure owned, controlled, or operated by the City during the hours of 8:00 p.m. and 7 a.m. of the succeeding day.
C. Exemptions. Sections 3182.5.A and 3182.5.B of this Code shall not apply to the following oversized vehicles:
1. Any oversized vehicle — except recreational vehicles - actively engaged in loading or unloading of goods, wares, merchandise, or passengers from or to any building or structure.
(a) Any oversized vehicles actively engaged in loading or unloading of goods, wares, merchandise, or passengers shall park at the street curb immediately adjacent to the residence or building from or to which the goods, wares, merchandise, or persons are being loaded or unloaded, or within 500 feet of the residence or building if the area is not available for parking due to curb configuration or codified parking restrictions
2. Any oversized vehicle parked or left standing on a public street or highway in connection with, and in aid of, the active performance of a service to or on a property in the block of which the oversized vehicle is parked or left standing;
3. Any oversized vehicle belonging to a Federal, State, or Local governmental agency, or a public utility, while the operator of the vehicle is conducting official business;
4. Any school bus involved in the transportation of students, or to any bus used for the transportation of youths, elderly, or disabled persons during the course of the activity for event or which they were transported. No bus shall be parked in excess of 30 minutes prior to or after the activity or event.
5. Any oversized vehicle lawfully parked, stopped, or standing in an authorized commercial loading zone;
6. Any oversized vehicle involved in an emergency or being repaired under emergency conditions.
(a) Emergency parking may be allowed for 24 consecutive hours when an oversized vehicle is left parked on a public street or highway because of
a mechanical breakdown or because of physical incapacity of the driver or owner. The driver or owner shall notify the Downey Police Department of any mechanical breakdown or physical incapacity within 60 minutes of the emergency parking of the vehicle.
7. Any oversized vehicle engaged in activity allowed under a permit issued by the Department of Public Works.
8. Any Recreational Vehicle displaying a current and valid permit issued pursuant to the provisions of Sections 3182.5.E or 3182.5.F of this Code D. Notice. With the exception of as applied to alleys, the prohibitions and restrictions contained in Section 3182 shall not be effective until signs or markings providing adequate notice of the prohibitions and restrictions of Section 8132 have been erected, installed, or placed in accordance with California Vehicle Code Section 22507.
E. Temporary Parking Permit for Recreational Vehicles. In a manner that is consistent with the provisions of this Section, the City Manager (or designee thereof) is authorized to adopt procedural rules and regulations governing a process for the issuance, denial, and revocation of permits authorizing the temporary parking of recreational vehicles on a public street to any resident of the City. No permit authorizing the temporary parking of a recreational vehicle on a public street shall issue to any person other than a resident of the City.
1. Application. Any City resident seeking a permit for the temporary parking of a recreational vehicle on a public street shall submit a completed application, on a City -approved form, to the City Manager (or designee thereof). Said application shall be accompanied by a fee as set by Council resolution, and shall contain, at a minimum, the following:
(a) The name and address of the City resident requesting the permit;
(b) Proof of residency in a manner approved by the City Manager (or designee thereof);
(c) The make and model of the recreational vehicle to be temporarily parked on a public street, along with the Vehicle Identification Number and/or license plate number;
(d) Proof of ownership, lease, or rental of the recreational vehicle to be temporarily parked on a public street or, alternatively, a statement under penalty of perjury that the owner or person in possession and control of the recreational vehicle is a bona fide guest of the applicant in a manner approved by the City Manager (or designee thereof);
(e) A statement under penalty of perjury that the recreational vehicle will not be used for overnight camping, lodging, sleeping, or other accommodation purposes while parked on the public street; (f) The signature of the resident/applicant; and,
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(g) Such other information as the City Manager (or designee thereof) deems necessary for the administration and enforcement of this Chapter as specified on the application form required by this Section.
2. Quantity. No more than fifteen (15) permits for the temporary parking of a recreational vehicle on a public street shall be issued relating to any one address in any one calendar year.
3. Duration. No permit issued pursuant to this Section for the temporary parking of a recreational vehicle on a public street shall be valid for a period exceeding seventy-two (72) hours.
4. Frequency. No permit issued pursuant to this Section for the temporary parking of a recreational vehicle on a public street shall be valid for any period of time within twenty-four (24) hours of the expiration of another permit for the same address.
5. Parking Location. No person shall cause or allow the parking of a recreational vehicle on any public street pursuant to a permit issued under this Section unless it is located on either side of the street of the same block (as defined by Section 3199.1 of this Code) as the resident's address.
6. Dangerous Traffic Safety Condition. Notwithstanding any permit authorizing the temporary parking of a recreational vehicle on a public street, no recreational vehicle may be parked in a location that creates or exacerbates a dangerous traffic safety condition, including, but not limited to, any location that:
alleyways, or streets;
(a) Blocks or hinders a traffic lane;
(b) Blocks or interferes with critical sight lines for driveways, (c) Blocks or hinders the visibility of a traffic control device; or, (d) Is within one hundred feet (100') of any intersection in violation of Section 3174 of this Code.
7. Where strict adherence to Subsection 3182.E(5) results in a violation of Subsection 8132.E(6), the City Manager (or designee thereof) may authorize the temporary parking of a recreational vehicle on a public street in an alternate location.
F. Disability Parking Permit for Recreational Vehicles. In a manner that is consistent with the provisions of this Section, the City Manager (or designee thereof) is authorized to adopt procedural rules and regulations governing a process for the issuance, denial, and revocation of permits authorizing the temporary parking of recreational vehicles on a public street to any resident of the City who possesses a distinguishing disabled placard or license plate property issued pursuant to the California Vehicle Code. No permit issued pursuant to this Section authorizing the temporary parking of a recreational vehicle on a public street shall issue to any person other than a resident of the City.
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1 . Application. Any City resident seeking a permit for the temporary parking of a recreational vehicle on a public street shall submit a completed application, on a City -approved form, to the City Manager (or designee thereof). Said application shall be accompanied by a fee as set by Council resolution, and shall contain, at a minimum, the following:
(a) The name and address of the City resident requesting the permit;
(b) Proof of residency in a manner approved by the City Manager (or designee thereof);
(c) The make and model of the recreational vehicle to be temporarily parked on a public street, along with the Vehicle Identification Number and/or license plate number;
(d) Proof of ownership, lease, or rental of the recreational vehicle to be temporarily parked on a public street or, alternatively, a statement under penalty of perjury that the owner of the recreational vehicle is a bona fide guest of the applicant in a manner approved by the City Manager (or designee thereof); (e) Proof of a valid disabled license plate issued pursuant for the recreational vehicle or a disabled placard properly issued pursuant to the California Vehicle Code;
(f) Proof in a manner approved by the City Manager (or
designee thereof) that the proposed parking location is necessary to provide access to a specific fixed residential address sited with a lawful dwelling unit at which the person resides or to a specific facility or facilities at which the person is employed or receives services;
(g) Proof in a manner approved by the City Manager (or
designee thereof) that by reason of the disability which warranted issuance of the California distinguishing placard or license plate, the recreational vehicle is specially equipped and necessary to accommodate the disability of the person seeking the permit so that a reasonable modification to the City's on -street parking regulations is warranted under State and Federal law.
(h) A statement under penalty of perjury that the recreational vehicle will not be used for overnight camping, lodging, or other accommodation purposes while parked on the public street;
(i) The signature of the resident/applicant; and,
0) Such other information as the City Manager (or designee thereof) deems necessary for the administration and enforcement of this Chapter as specified on the application form required by this Section.
2. Duration. A parking permit issued under the provisions of this Section shall be valid so long as the person remains disabled, but for no longer than twelve (12) months.
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3. Renewal. Any person seeking to renew a permit issued pursuant to the provisions of this Section shall submit to the City Manager (or designee thereof) a new application with all information set forth under Subsection 8.38.040.C, accompanied by a fee as set by Council resolution, at least thirty (30) calendar days prior to expiration.
4. Parking Location. No person shall cause or allow the parking of a recreational vehicle on any public street pursuant to a permit issued under this Section unless it is located on either side of the street of the same block as the resident's address.
5. Dangerous Traffic Safety Condition. Notwithstanding any permit authorizing the temporary parking of a recreational vehicle on a public street, no recreational vehicle may be parked in a location that creates or exacerbates a dangerous traffic safety condition, including, but not limited to, any location that:
alleyways, or streets;
(a) Blocks or hinders a traffic lane;
(b) Blocks or interferes with critical sight lines for driveways, (c) Blocks or hinders the visibility of a traffic control device.
6. Where strict adherence to Subsection 8.38.040.F results in a violation of Subsection 8.38.040.F.1, the City Manager (or designee thereof) may authorize the temporary parking of a recreational vehicle on a public street in an alternate location.
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1. Nothing in this Section shall negate any other obligation, restriction, or regulation pertaining to the operation or parking of vehicles (including recreational vehicles and other oversized vehicles) set forth in the California Vehicle Code, this Code, or other applicable law; and nothing in this Section shall limit or preclude the enforcement of other laws applicable to the operation or parking of oversized vehicles (including recreational vehicles).
2. If a vehicle is classified as both an oversized vehicle (as defined in Section 3120.5 of this Code) and a commercial vehicle (as regulated in Section 3173 of this Code), the more restrictive regulation set forth in this Code pertaining to the stopping, standing, or parking of said vehicle shall apply.
H. Penalty. Notwithstanding Section 1200 of this Code, a violation of this Section is subject to a civil penalty in accordance with California Vehicle Code Section 40200.
SECTION 4. If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this Chapter, and each section, subsection,
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sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.
APPROVED AND ADOPTED this 14 th day of March, 2023.
CLAUDIA M. FROMETA, Mayor
MARIA ALICIA DUARTE, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) ss:
CITY OF DOWNEY
I HEREBY CERTIFY that the foregoing Ordinance No. 23- was introduced at a Regular meeting of the City Council of the City of Downey held on the 28 1h day of February, 2023, and adopted at a Regular meeting of the City Council of the City of Downey held on the 1411 day of March, 2023, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 23-- , was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on March 2, 2023, (after introduction), and on March 16, 2023, (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates.
MARIA ALICIA DUARTE, CMC
City Clerk
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