Fremont City Council Meeting: 04/02/24 07:00 PM
3300 Capitol Avenue Div/Dept: Public Works
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5112) DOC ID: 5112
Updated: 3/29/2024 12:48 PM by Dina Lewis Page 1
UPDATE TO PARKING REGULATIONS - Introduce an Ordinance Amending Fremont Municipal Code Section 10.05.630 “Stopping or Parking Prohibited – Signs Required” Related to Parking Near Intersections and Vehicle Heights; and Find Actions are Exempt from CEQA Review
Contact Persons:
Name: Noe Veloso Hans Larsen
Title: Assistant City Engineer Public Works Director
Div/Dept: Public Works Public Works
Phone: 510-494-4774 510-494-4722
E-Mail: [email protected] [email protected]
Executive Summary: The purpose of this report is introduce an ordinance updating Fremont’s parking regulations to incorporate new state legislation and existing California Vehicle Code regulations. The parking regulation updates will allow for enforcement of parking violations that create traffic safety concerns or issues in the community, relating to visibility at street intersections and the height of parked vehicles.
BACKGROUND: In October 2023, Governor Newsom signed into law Assembly Bill 413 (AB 413), which was sponsored by Fremont’s State Assembly representative, Alex Lee.
AB 413, which is also referred to as the “daylighting” law, prohibits stopping, standing, or parking of a vehicle within 20 feet of the vehicle approach side of any marked or unmarked crosswalk or 15 feet of any crosswalk where a curb extension is present. The bill also allows cities to establish a different distance by ordinance that is justified by established traffic standards and has marked the different distance at the intersection using curb paint or a sign. AB 413 takes effect on January 1, 2024, but citation enforcement cannot commence until January 1, 2025. AB 413 is codified in California Vehicle Code Section 22500(n)(1)(A).
California Vehicle Code (CVC) Section 22507 allows local authorities to prohibit or restrict the stopping, parking, or standing of vehicles, including but not limited to, vehicles that are six feet or more in height within 100 feet of an intersection, on certain streets or portions thereof, during all or certain hours of the day. In order for the City of Fremont to use the legislative authority enabled by AB 413 (intersection daylighting) and CVC 22507 (vehicle height restrictions), the City must adopt an ordinance to incorporate these regulations into the Fremont Municipal Code.
DISCUSSION/ANALYSIS: The intent of the “daylighting” law is to create better visibility of pedestrians at intersection crossings. Vehicles that are parked immediately adjacent to marked or unmarked crossings limit visibility of pedestrians, which increases the risk for pedestrian related severe injury or fatal collisions. Intersection daylighting is considered a best practice for improving traffic safety. The City of Fremont has implemented intersection daylighting measures in the past, particularly in school zones, as part of the Vision Zero traffic safety program using physical devices such as signs, markings, and plastic posts.
Currently, the Fremont Municipal Code allows for the use of curb paint or signs to restrict parking within twenty feet of a crosswalk at an intersection in any business district or within Council Staff Report (ID # 5112) Meeting of April 2, 2024 Updated: 3/29/2024 12:48 PM by Dina Lewis Page 2
twenty feet of the approach to any traffic signal, boulevard stop sign or official electric flashing device. AB 413 would restrict parking on the approach side of an intersection crossing citywide without the need for curb paint or signs. All other parking restrictions not already codified in the CVC would need the installation of curb paint or signs.
The enforcement of AB 413 will be gradual to allow for widespread community education.
Significant efforts will be made to educate the community of the “daylighting” law through social media posts and newsletter articles throughout the remainder of the year. Early enforcement will result in warnings to educate motorists until citations can be issued starting January 1, 2025.
Similarly, the intent of CVC 22507 is to create visibility at intersection crossings or throughout a roadway corridor where there may be multiple driveways where clear line of sight is needed. The parking restrictions of vehicles over six feet in height will be implemented in areas where large vehicles are impeding clear line of sight or where the stopping, standing, or parking of such vehicles would unduly interfere with the free movement of traffic. Signs would be required for the implementation and enforcement of CVC 22507.
Staff has prepared a draft Ordinance (see Attachment) that amends Section 10.05.630 of Chapter 10.05 of Title 10 of the Fremont Municipal Code to adopt parking regulation updates.
FISCAL IMPACT: There is no direct cost associated with the recommended action to amend the City’s parking regulations. There will be minimal cost for purchasing and installation of parking restriction signs as needed. Funding for new parking restriction signs is part of the City’s existing operating budget for street maintenance, and funding for enforcement of the proposed parking restrictions is included in the existing operating budget for the Parking Compliance Program. It is noted that the new “daylighting” law makes parking near an intersection illegal and therefore reduces the need to provide signs or curb markings, resulting is a potential savings of future costs.
ENVIRONMENTAL REVIEW: This ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), in that it is not a project which has the potential for causing a significant effect on the environment.
ATTACHMENTS:
• Draft Ordinance Update to Parking Regulations
RECOMMENDATIONS:
1. Find that the recommended action is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), in that it is not a project which has the potential for causing a significant effect on the environment.
2. Introduce an ordinance amending Section 10.05.630 of the Fremont Municipal Code to update parking regulations.