Ordinance No. XX- 2024 Page 1 of 5
DRAFT
ORDINANCE NO. XX-2024
AN ORDINANCE OF THE CITY OF FREMONT AMENDING
FREMONT MUNICIPAL CODE SECTION 1 0.05.550
RESTRICTING ON -STREET PARKING TO 72 HOURS AND
ADDING SECTION 10.05.555 RESTRICTING OVERSIZED
PARKING IN RESIDENTIAL AREAS
THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. FMC § 10.05.550 AMENDED
Fremont Municipal Code Title 10, Chapter 10.05, Section 10.05.550 is amended to read as follows (additions are shown as underlined text and deletions as strikethrough):
Sec. 10.05.550 Use of streets for storage of vehicles prohibited.
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. a. For purposes of this Section, the term "vehicle" shall mean any device by which any person or property may be propelled, moved, or drawn upon a street or highway, except a device moved exclusively by human power.
b. No person shall park or leave standing any vehicle on any public street, highway, alley, or publicly owned parking lot for more than seventy -two (72) consecutive hours. This prohibition shall apply to all vehicles parked or left standing within Fremont city limits unless explicitly exempt from this parking restriction by this Section or another section of this code. c. Any vehicle that has been parked or left standing in the same location or parking spot for seventy-two (72) consecutive hours must be moved at least one thousand (1 ,000) feet (approximately two -tenths (2/10) of a mile) from its current location and may not return to the same location or parking spot for at least twenty -four (24) hours after its departure. d. A vehicle shall be deemed to have been parked or left standing in violation of the seventy - two (72) hour parking limit if:
1. the vehicle has not been moved at least one thousand (1 ,000) feet (approximately two - tenths (2/10) of a mile) from the location or parking spot where it was originally parked or left standing for seventy -two (72) consecutive hours; or Ordinance No. XX- 2024 Page 2 of 5
2. less than twenty -four (24) hours after the vehicle is moved in accordance with this Section, the vehicle returns to the same location or parking spot where it was previously parked or left standing for seventy -two (72) consecutive hours. e. Any vehicle that has been parked or left standing in violation of this seventy -two (72) hour parking limit may be removed from the street in accordance with California Vehicle Code Section 22651, as may be amended or renumbered from time to time. f. Prior to removing any vehicle from the street for violation of this seventy -two (72) hour parking limit, a warning notice advising that the vehicle will be removed or towed for violation of this Section if the vehicle is not moved at least one thousand (1 ,000) feet (approximately two-tenths (2/10) of a mile) from its current location within the next thirty -six (36) hours shall be conspicuously affixed to the vehicle. The notice shall also advise that the vehicle shall not be returned to its current location or parking spot for at least twenty -four (24) hours after departure and, if it does return, it will be subject to immediate removal. g. Whenever a member of the Fremont police department or other authorized city employee removes a vehicle from the street pursuant to this Section and causes it to be stored or impounded as permitted by the California Vehicle Code, the police chief or th eir designee shall comply with California Vehicle Code Section 22852, as may be amended or renumbered from time to time, governing post -storage notice and hearing requirements for registered and legal owners of record.
h. The police chief or his or her designee may establish and promulgate written administrative guidelines governing enforcement of the seventy -two (72) hour parking limit and said guidelines shall be made accessible to members of the public.
SECTION 2. FMC § 10.05.555 ADDED
Fremont Municipal Code Title 10, Chapter 10.05, Section 10.05.555 is added to read as follows:
Sec. 10.05.555 Parking of oversized vehicles restricted. a. “Oversized Vehicle” shall mean any motorized vehicle as defined in California Vehicle Code section 670 or a combination of motorized vehicle(s) and/or non-motorized vehicle(s), including any attached trailers, vehicle or loads thereon, which exceeds 22 feet in length, and/or 6 feet in width and 7 feet in height. To determine the height, width or length of a vehicle defined in this Section, any extension to the vehicle caused by mirrors, air conditioners, or similar attachments allowed by Section 35109, 35110 or 35111 of the California Vehicle Code, as the same may be amended from time to time, shall not be included. Oversized Vehicle shall include 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 and Safety Code section 18010 or successor statute.
b. “Loading and Unloading” shall mean loading or unloading passengers or material to or from an Oversized Vehicle including the activities required to prepare the vehicle for travel or storage.
Ordinance No. XX- 2024 Page 3 of 5
c. Parking Prohibition. Unless otherwise authorized by this Section or another section of this Code, no person shall stop, stand, park or leave standing any Oversized Vehicle on any public street within 100 feet from the property line of a residential use, including multi-family residential and mix-uses.
d. Exemptions. This section shall not apply to:
1. Oversized Vehicles involved in an emergency or being repaired under emergency conditions. Emergency parking may be allowed for 24 consecutive hours where an Oversized Vehicle is left parked on a city street because of mechanical breakdown or because of physical incapacity of the driver or owner.
2. Oversized Vehicles belonging to federal, state or local authorities or public utilities that are parked while the operator of the vehicle is conducting official business.
3. Oversized Vehicles actively engaged in loading and unloading or deliveries of person, merchandise, wares, supplies, goods or other materials in the course of construction or other work from or to an adjacent residence or building. Oversized Vehicles actively engaging in loading and unloading shall park at the street curb immediately adjacent to the residence or building, or within 400 feet of the residence if this area is not available for parking due to curb configuration or codified parking restrictions.
4. Oversized Vehicles parked on a street immediately abutting a street lot line of the lot upon which the vehicle owner resides, subject to the following limitations: such parking shall be for the convenient departure from or return to the lot commencing or ending the same day of such departure or return, including any loading or unloading of persons and personal property or for the preparation of the vehicle incidental to such departure or return. Such parking shall in no event extend beyond two consecutive days, nor more than three days during any seven-day period. 5 Oversized Vehicles parked or standing in connection with, and in aid of, and during the performance of a service to or on a property in the block in which such Oversized Vehicle is parked.
e. Any owner of a vehicle in violation of this section shall be informed of said provisions of this section by written warning notice thereof by an authorized representative of the city and provided 24 hours to cease and desist any such parking violations prior to the issuance of a citation. The warning notice shall also advise the registered owner of the vehicle that they may be subject to penalties upon a subsequent violation of the ordinance that may include the removal of the vehicle.
f. Any vehicle that has been parked or left standing in violation of this oversized vehicle parking restriction after issuance of a written warning notice, may be removed from the street in accordance with California Vehicle Code Section 22651, as may be amen ded or renumbered from time to time.
SECTION 3. CEQA
The City Council determines that this ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) as it can be Ordinance No. XX- 2024 Page 4 of 5
seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.
SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.
SECTION 6. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption, this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within fifteen (15) days after adoption of this ordinance, the City Clerk shall cause the ordinance to be published again with the names of those City Council members voting for and against the ordinance; and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
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The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ____ day of ______, and finally adopted at a regular meeting of the City Council held on the ____ day of _______, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Mayor
Ordinance No. XX- 2024 Page 5 of 5
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
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City Attorney