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PISMO BEACH CITY COUNCIL STAFF REPORT
'O- BEPc� Agenda Item #9.D
Meeting Date: September 17, 2024
TITLE:
Adoption (Second Reading) of an Ordinance Amending Municipal Code Section
10.12.030 Relating to Weight Limits for Commercial Vehicles on City Streets RECOMMENDATION:
Adopt an Ordinance amending Section 10.12.030 relating to weight limits for commercial vehicles on City streets.
DISCUSSION:
On September 3, 2024, the City Council introduced the subject ordinance (Attachment 1) with modification, and it is now being returned for adoption. The following strike-and- underscore demonstrates the modification made to the draft ordinance prior to introduction:
10.12.030 Eight-thousand-pound limit.
On all other streets in the city, other than those listed in Sections 10.12.010 and
10.12.020, and except as otherwise authorized by the Director of Public Works or designee, no trucks or commercial vehicles and no vehicles of any type where the total gross loaded weight on such vehicle exceeds eight thousand (8,000) pounds shall be allowed thereon; provided however, that trucks or commercial vehicles having less than a total gross loaded weight of eight thousand(8,000)pounds shall be permitted thereon when necessary for the purpose of making pickups or deliveries of goods, wares, merchandise from or to any building or structure located on one of such restricted streets within the city limits;provided further that neither the limitation as to type of vehicle or as to weight limitation shall apply to a vehicle necessarily being on one of such restricted streets for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon such a restricted street within the city limits for which a building permit has previously been obtained from the city. Deliveries shall be demonstrated by a bill of lading or other documentation acceptable to the chief of police, director of public works, or their respective designees. The provisions of this section shall not apply to passenger buses under the jurisdiction of the Public Utilities Commission, to any vehicle owned by a public utility while necessarily in use in the construction, installation, or repair of any utility, or to emergency vehicles.
The staff report for the September 3, 2024 agenda item, which includes background and analysis, is provided as Attachment 2.
Conclusion and Recommendation
Staff recommends that the Council adopt an ordinance (Attachment 1)amending Section
10.12.030 of the Pismo Beach Municipal Code regulating weight limits for commercial Council Agenda 9-17-2024 9.13-1
vehicles on City streets. If the Council acts to adopt the Ordinance as recommended, it will become effective by statute 30 days thereafter.
FISCAL IMPACT:
There is no fiscal impact associated with introduction of the proposed ordinance. The fiscal impact of implementing the proposed ordinance, if adopted, is expected to be minimal. Enforcement costs will depend on the number and frequency of violations of the ordinance but are expected to be within budgeted code enforcement resources.
ATTACHMENTS:
1. Ordinance as introduced
2. September 3, 2024 staff report (with ordinance attachment) Submitted by: Erica Inderlied, City Clerk
City Manager Approval:
1f l -
4 Council Agenda 9-17-2024 9.D-2
Attachment 1
ORDINANCE NO. 0-2024-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING SECTION 10.12.030 OF THE CITY OF PISMO BEACH
MUNICIPAL CODE, RELATING TO WEIGHT LIMITS FOR COMMERCIAL VEHICLES
ON CITY STREETS
WHEREAS, Vehicle Code Sections 35701 et seq. authorize the legislative body of any city to adopt ordinances limiting the use of city streets by commercial vehicles in excess of specified maximum gross vehicle weights; and
WHEREAS, the Vehicle Code provides statutory exemptions from such city ordinances for specific types of commercial vehicles; and
WHEREAS, commercial vehicles in excess of eight thousand pounds have a direct and ongoing adverse impact to the quality, longevity and safety of City streets.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
Section 10.12.030 of the Pismo Beach Municipal Code is hereby revised to read as follows:
10.12.030 Eight-thousand-pound limit.
On all other streets in the city, other than those listed in Sections 10.12.010 and 10.12.020, and except as otherwise authorized by the Director of Public Works or designee, no trucks or commercial vehicles and no vehicles of any type where the total gross loaded weight on such vehicle exceeds eight thousand (8,000) pounds shall be allowed thereon; provided however, that trucks or commercial vehicles having less than a total gross loaded weight of eight thousand (8,000) pounds shall be permitted thereon when necessary for the purpose of making pickups or deliveries of goods, wares, merchandise from or to any building or structure located on one of such restricted streets within the city limits; provided further that neither the limitation as to type of vehicle or as to weight limitation shall apply to a vehicle necessarily being on one of such restricted streets for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon such a restricted street within the city limits for which a building permit has previously been obtained from the city. Deliveries shall be demonstrated by a bill of lading or other Council Agenda 9-17-2024 9.D-3
Attachment 1
documentation acceptable to the chief of police, director of public works, or their respective designees. The provisions of this section shall not apply to passenger buses under the jurisdiction of the Public Utilities Commission, to any vehicle owned by a public utility while necessarily in use in the construction, installation, or repair of any utility, or to emergency vehicles.
SECTION 3.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 4.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 5.
This ordinance shall become effective on the thirtieth (30t") day following passage and adoption hereof.
SECTION 6.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 3rd day of September, 2024, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:
Council Agenda 9-17-2024 9.D-4
Attachment 1
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this to day of , 2024, on motion of Council Member seconded by Council Member , and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
David M. Fleishman, City Attorney
CERTIFICATION OF ORDINANCE POSTING
Government Code §40806
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN LUIS OBISPO }
I, Erica Inderlied, the City Clerk of the City of Pismo Beach, California, hereby certify in accordance with California Government Code Section 40806 that the foregoing document is a true and correct copy of Ordinance No. 0-2024-XXX, titled AN ORDINANCE OF Council Agenda 9-17-2024 9.D-5
Attachment 1
THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING SECTION 10.12.030 OF THE CITY OF PISMO BEACH MUNICIPAL CODE, RELATING TO WEIGHT LIMITS FOR COMMERCIAL VEHICLES ON CITY STREETS, and that I caused the same to be duly posted in three public places within the City within fifteen (15) days of adoption thereof, pursuant to the requirements of California Government Code Section 36933.
Dated this t" day of , 2024. Witness my hand and official seal.
Erica Inderlied, City Clerk
Council Agenda 9-17-2024 9.D-6
Attachment 2
September 3, 2024 Staff Report for Introduction
PISMO BEACH CITY COUNCIL STAFF REPORT
UB'S=PAgenda Item #12.A
Meeting Date: September 3, 2024
TITLE:
Introduction (First Reading) of an Ordinance Amending Municipal Code Section
10.12.030 Relating to Weight Limits for Commercial Vehicles on City Streets RECOMMENDATION:
Introduce an Ordinance amending Section 10.12.030 relating to weight limits for commercial vehicles on City streets.
DISCUSSION:
Section 10.12.030 of the Pismo Beach Municipal Code currently governs the weight limits of commercial vehicles on city streets. Maintaining appropriate weight restrictions for commercial vehicles is important to protect the investment the City has made in its streets, as well as ensuring compliance with state laws. California Vehicle Code Sections 35701 et seq. allow cities to place limitations on commercial vehicle weights with certain limited exceptions.
Section 10.12.030 currently does not contain references to the types of commercial vehicles that are exempt from the City's weight restrictions. The proposed ordinance amendment cures that issue by making explicit reference to the types of commercial vehicles listed in the Vehicle Code that are permitted to use City streets notwithstanding the weight of the vehicle. For example, under the Vehicle Code, vehicles operated by public utilities such as PG&E are authorized to use City streets when necessary to construct, install or repair public utilities. The proposed ordinance includes this provision.
In addition, the Vehicle Code allows pickups and deliveries of goods by overweight commercial vehicles to buildings or structures located on the restricted streets. Section
10.12.030 currently allows for such deliveries, but the code section is ambiguous as to whether the restrictions applies to properties outside the City limits over which the City has no jurisdiction when access can be made through a property within the City limits.
The proposed ordinance makes it clear that for the Vehicle Code exemption to apply, the delivery must be made to a property within the City limits, or to a property for which the City has issued a building permit. Under the proposed ordinance, overweight commercial vehicles will not be permitted to use City streets to make deliveries to properties outside the City limits, or to deliver building materials to properties for which the City does not have building permitting authority. Operators of vehicles found in violation of the proposed ordinance would be subject to citation.
Alternatives
The Council could elect to not introduce the ordinance, in which case staff would continue to enforce Section 10.12.030 as it is currently worded. This option is not recommended, as the current ordinance does not provide for certain statutory exemptions as required by the Vehicle Code.
Council Agenda 9-3-2024 12.A-1
Council Agenda 9-17-2024 9.D-7
Attachment 2
September 3, 2024 Staff Report for Introduction
Conclusion and Recommendation
Staff recommends that the Council introduce an ordinance (Attachment 1) amending Section 10.12.030 of the Pismo Beach Municipal Code regulating weight limits for commercial vehicles on City streets. If the Council acts to introduce the ordinance as recommended, it will be returned for adoption at the next available meeting and will become effective by statute 30 days thereafter.
FISCAL IMPACT:
There is no fiscal impact associated with introduction of the proposed ordinance. The fiscal impact of implementing the proposed ordinance, if adopted, is expected to be minimal. Enforcement costs will depend on the number and frequency of violations of the ordinance but are expected to be within budgeted code enforcement resources.
ATTACHMENTS:
1. Ordinance
Submitted by:
Dave Fleishman, City Attorney
City Manager Approval:
Council Agenda 9-3-2024 12.A-2
Council Agenda 9-17-2024 9.13-8
Attachment 2
September 3, 2024 Staff Report for Introduction
Attachment 1
ORDINANCE NO. 0-2024-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING SECTION 10.12.030 OF THE CITY OF PISMO BEACH
MUNICIPAL CODE, RELATING TO WEIGHT LIMITS FOR COMMERCIAL VEHICLES
ON CITY STREETS
WHEREAS, Vehicle Code Sections 35701 et seq. authorize the legislative body of any city to adopt ordinances limiting the use of city streets by commercial vehicles in excess of specified maximum gross vehicle weights; and
WHEREAS, the Vehicle Code provides statutory exemptions from such city ordinances for specific types of commercial vehicles; and
WHEREAS, commercial vehicles in excess of eight thousand pounds have a direct and ongoing adverse impact to the quality, longevity and safety of City streets.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
Section 10.12.030 of the Pismo Beach Municipal Code is hereby revised to read as follows:
10.12.030 Eight thousand pound limit.
On all other streets in the city, other than those listed in Sections 10.12.010 and 10.12.020, no trucks or commercial vehicles and no vehicles of any type where the total gross loaded weight on such vehicle exceeds eight thousand (8,000) pounds shall be allowed thereon; provided however, that trucks or commercial vehicles having less than a total gross loaded weight of eight thousand (8,000) pounds shall be permitted thereon when necessary for the purpose of making pickups or deliveries of goods, wares, merchandise from or to any building or structure located on one of such restricted streets within the city limits; provided further that neither the limitation as to type of vehicle or as to weight limitation shall apply to a vehicle necessarily being on one of such restricted streets for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon such a restricted street within the city limits for which a building permit has previously been obtained from the city. Deliveries shall be demonstrated by a bill of lading or other documentation acceptable to the chief of police, director of public works, or their Council Agenda 9-3-2024 12.A-3
Council Agenda 9-17-2024 9.13-9
Attachment 2
September 3, 2024 Staff Report for Introduction
Attachment 1
respective designees. The provisions of this section shall not apply to passenger buses under the jurisdiction of the Public Utilities Commission, to any vehicle owned by a public utility while necessarily in use in the construction, installation, or repair of any utility, or to emergency vehicles.
SECTION 3.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 4.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 5.
This ordinance shall become effective on the thirtieth (30t") day following passage and adoption hereof.
SECTION 6.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
INTRODUCED at a regular meeting of the City Council held this 3rd day of September, 2024, on motion of Council Member seconded by Council Member and on the following roll call vote, to wit:
Council Agenda 9-3-2024 12.A-4
Council Agenda 9-17-2024 9.13-10
Attachment 2
September 3, 2024 Staff Report for Introduction
Attachment 1
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this t" day of 2024, on motion of Council Member seconded by Council Member and on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
David M. Fleishman, City Attorney
CERTIFICATION OF ORDINANCE POSTING
Government Code §40806
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN LUIS OBISPO }
I, Erica Inderlied, the City Clerk of the City of Pismo Beach, California, hereby certify in accordance with California Government Code Section 40806 that the foregoing document is a true and correct copy of Ordinance No. 0-2024-XXX, titled AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING Council Agenda 9-3-2024 12.A-5
Council Agenda 9-17-2024 9.D-11
Attachment 2
September 3, 2024 Staff Report for Introduction
Attachment 1
SECTION 10.12.030 OF THE CITY OF PISMO BEACH MUNICIPAL CODE, RELATING TO WEIGHT LIMITS FOR COMMERCIAL VEHICLES ON CITY STREETS, and that I caused the same to be duly posted in three public places within the City within fifteen (15) days of adoption thereof, pursuant to the requirements of California Government Code Section 36933.
Dated this t" day of 2024. Witness my hand and official seal.
Erica Inderlied, City Clerk
Council Agenda 9-3-2024 12.A-6
Council Agenda 9-17-2024 9.D-12