COMMERCIAL
VEHICLES IN
RESIDENTIAL
ZONES
CURRENT MUNICIPAL CODE
10.16.210 Parking commercial vehicles in residential district.
No person shall park any commercial vehicle, having an unladen weight exceeding five thousand (5,000) pounds in any residential district except: (a) while loading or unloading property; or (b) when such vehicle is parked in connection with, or in aid of, the performance of a service to or on a property in the block in which such vehicle is parked. A “residence district” shall be determined as per California Vehicle Code, Division 1, Section 240 or Section 515, or as those districts or areas zoned as residential and indicated as such on the city zoning map, including low-medium, and high-density residential.
CA DMV COMMERCIAL VEHICLE DEFINITION
• Commercial Vehicle (CVC §260)—A commercial vehicle is a vehicle required to be registered which is used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property. The following vehicles may be registered as
passenger or commercial:
• Multipurpose vehicles.
• Passenger-type vehicles transporting persons for hire. • Pickup trucks with a camper permanently attached.
• Station wagons.
• A bus (CVC §233) is a commercial vehicle when it is used to transport persons for hire, compensation, or profit or when bus transportation is supplied by a profit-making entity and a customer pays for the bus service as part of the overall consideration for the primary service.
COMMERCIAL VEHICLE
CLASSIFICATIONS
VIOLATIONS OF CURRENT MUNICIPAL CODE
• No person shall park any commercial vehicle, having an unladen weight exceeding five thousand (5,000) pounds in any residential district except:
Vehicles used for non-commercial use exceed the
5,000-pound unladen weight.
COMMERCIAL
VEHICLES THAT
REQUIRE A
CLASS A OR
CLASS B LICENSE
Common complaints throughout
the city.
PROPOSED CHANGES (continued)
A. No person shall park any commercial vehicle that would require a Class A or Class B Commercial Divers License (CDL) in any residential district except as follows:
1. While loading or unloading property; or
2. When such vehicle is parked in connection with, or in aid of, the performance of a service to or on a property in the block in which such vehicle is parked, or an authorized emergency vehicle or other vehicles parked in compliance with a law enforcement service agreement.
3. In a manner not affecting the flow of traffic while parked on the street.
B. For the purpose of this section the following definitions are defined as follows:
1. A “residence district” shall mean those districts or areas zoned as residential and indicated as such on the city general plan land use and zoning maps, including land use designations of very-low, low, medium and high density residential, and zoning designations of R-1-5, R-1-12.5, R-1-20, R-M-2, and R-M-3.
2. Class A CDL as defined per the State of California Department of Motor Vehicles Commercial Driver Handbook.
3. Class B CDL as defined per the State of California Department of Motor Vehicles Commercial Driver Handbook.
PROPOSED CHANGES (continued)
C. Notwithstanding the provisions of subsection A of this section, for those properties with a zoning classification of R-1 R-1-12.5, R-1-20, R-M-2, and R-M-3, which also have a lot size greater than 10,000 square feet, it is lawful to park or permit to be parked a commercial vehicle requiring a Class A or Class be license on private property if all of the following conditions are met:
1. No more than one commercial vehicle shall be parked on any parcel or private property.
2. The commercial vehicle shall be parked on a paved driveway or other improved non-pervious parking surface per city’s paving standards and must not block the sidewalk.
3. The commercial vehicle shall be parked behind a six-foot high wood fence or gate constructed of permitted materials and shall screen the vehicle from the public street(s).
4. The vehicle shall not be parked in the minimum required front yard and/or side yard setbacks of any lot.
5. That a permit shall be applied for and issued administratively by the Community Development Director, with additional limitations as deemed reasonably necessary by the Director, prior to parking a commercial vehicle on a residential parcel.
6. The permit may be revoked by Community Development Director upon violation of any condition stated in the permit or this ordinance unless such violation is corrected within ten (10) days of notice of such violation.
7. If the event of a denial, revocation, or objections to limitations listed in the issuance of the permit an appeal may be made in writing to the planning commission in the same manner as an appeal under Visalia Municipal Code section 17.28.050.
EXPECTED OUTCOME WITH
PROPOSED CHANGES
NOT ALLOWED UNDER
PROPOSED CHANGES
COMMERCIAL
VEHICLES IN
RESIDENTIAL
ZONES
THANK YOU