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HomeMy WebLinkAboutNS-2457 - Amending Santa Ana Municipal Code Relating to Parking of Commercial Vehicles in Residential Districts267 ORDINANCE NO. NS -2457 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTION 36-145.5 AND AMENDING SECTIONS 41-33, 41-192.2 AND 41-607 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: For many years, the City's Code has banned "trucks" from being stored in residential neighborhoods in order to preserve the residential character of these neighborhoods. Over the last decade, more and more individuals have purchased small trucks to serve primarily as passenger vehicles. During this same period, the residential character of the City's residential neighborhoods has been threatened by an intrusion of large commemial vehicles. Some of these vehicles are "take home" company trucks capable of being dispatched from residences during the night. Others are related to a now common business time-saving feature of allowing an employee to take home a company truck at the end of the work day so that the employee does not have to return to the place of employment the following morning, but can proceed directly to a job site. Do The Planning Commission and City Council have received evidence of very large, commercial and industrial vehicles being stored in residential neighborhoods, including school buses, tow trucks and heavy construction vehicles. Some of these vehicles, in addition to threatening the residential character of the City's residential neighborhoods, create a hazard to cars seeking to make right or left tums at intersections by blocking views of traffic on the cross street. California Vehicle Code section 22507 expressly grants the City the authority to ban parking of vehicles exceeding six feet (6') in height, including any load thereon, from parking within one hundred feet (100') of designated intersections. Given these factors, it is appropriate to revise the City's regulations in this area in order to (1) further define the types and kinds of trucks that are threatening the residential character of the City's residential neighborhoods, (2) adopt further regulation to prevent very tall vehicles parked near Ordinance No. NS-2457 Page I of 8 268 intersections from constituting a traffic hazard, and (3) further clarify that the dispatch of commemial vehicles from a residence is a business activity. ~: The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA') and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XlV, California Code of Regulations ('CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XlV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. ~: Section 36-145.5 is added to Chapter 36 of the Santa Aha Municipal Code to read in full as follows: Sec. 36-145.5. Ban on Parking Vehi¢lee Exceeding Six Feet In Height Within One Hundred Feet of Intareections. The executive director of public works may designate certain streets or highways, or portions thereof, for which during all or certain hours of the day, the stopping, parking, or standing of vehicles that are six feet or more in height (including any load thereon) shall be prohibited within 100 feet of any intersection. W'~h the exception of alleys, any such prohibition shall not apply until signs or markings giving adequate notice thereof have been placed. ~: Section 41-33 of the Santa Aha Municipal Code is hereby amended to include dispatching as a business activity, such that it reads as follows (new language in bold): Sec. 41-33. Business; business activity. Business is any enterprise or livelihood whereby goods, services, use of properly or facilities, or other valuable consideration is offered, or advertised Ordinance No. NS-2457 Page 2 of 8 269 as available, to the public, or any segment thereof, in exchange for payment of money or other valuable consideration, whether or not such enterprise or livelihood is carried out for profit, and includes, but is not limited to, the ownership or management of stores, shops, offices and recreational or amusement centers, and the use of offices by members of professions and trades rendering services. A business activity is any conduct or practica which forms part of, or is incidental to, the operation of a business, including but not limited to, the store or display of goods for purposes of future sales, or the dispatching of vehicles for business purposes, SECTION 5: Section 41.192.2 of the Santa Ana Municipal Code is amended to allow holders of a home occupancy permit to park a single commercial-type vehicle on their property under the same terms and conditions as all other residents, such that it reads as follows (new language in bold): Sec. 41-192.2. Regulation of home occupations. No person shall conduct any home occupation in violation of any of the following regulations: (a) There shall be no signs or other devices identifying or advertising the home occupation. (b) There shall be no sales activity, either wholesale or retail, except mail order sales. (c) There shall be no work, storage, or display outside of any fully enclosed structure. (d) (e) Nothing associated with the home occupation shall alter the residential character of the subject property or nearby residential property. There shall be no activity which involves frequent meetings or gatherings of any kind such as may generate traffic and parking congestion, noise, or disturbances beyond that which is normal to residential use. (f) There shall be no use of any mechanical equipment, appliance, or motor outside of an enclosed building or which generates noise detectable from outside the building in which it is located. (g) Only one (1) home occupation shall be conducted on the subject property. Ordinance No. NS-2457 Page 3 of 8 270 (h) No more than two (2) persons shall be engaged in the conduct of the home occupation. (i) There shall be no dispatching of persons or equipment from the subject property. (j) No more than a aingla vehicle used pdmadly in the conduct of the business may be pad(ed or stored on the public street nor anywhere on the subject property other than an enclosed garage; and that single vehicle shall comply at all times with the proviaions of sections 36-145 and 41-607(h) of this Code. (k) Home occupation activities shall not involve the use of more than one (1) reom or four hundred (400) square feet of a dwelling, whichever is more restrictive, and no garage space shall be used for the conduct of any home occupation which interferes with the use of such space for parking of vehicles, if such use for parking of vehicles is necessary to satisfy the off-street parking requirements of this chapter. SECTION 6: Section 41-607 of the Santa Aha Municipal Code is amended to add definitions to the long-standing prohibition on "trailers" and "trucks stored on the premises," such that it reads as follows (new language in bold and deleted language in "strike out"): Sec. 41-607. Same--Miscellaneous provisions. (a) For an attached accessory garage, carport, or other accessory building, including an open breezeway, patio cover or trellis, the same yards shall be maintained as are required for the main building except as provided in section 41-606(e). (b) No provision set forth in this chapter shall permit any violation of any setback established as prescribed in Article VII of this chapter. (c) Where property fronts, sides, or rears onto any primary street, as shown on the adopted master plan of streets and highways, the required front, rear, or side yard for the district in which said property is situated shall be measured from the future right-of-way line adopted for such primary street; provided, however, with respect to the determination of required front yard for a lot zoned Al, RE, R1, R2 or and fronting on such primary street, where forty (40) per cent or more of the lots along that block, excluding reverse corner lots and key lots, are developed with buildings, then paragraph (2) of subsection (b) of section 41-603 shall apply. Ordinance No. NS-2457 Page 4 of 8 271 (d) (e) (f) (g) (h) The front yard on key lot in any residential district shall be not less than three-fourths (3~4) the required front yard for the district in which located. No part of any yard shall be used for the off-street parking of motor vehicles, trailers (which shall, for purposes of this subsection (e), include but not be limited to any vehicle included within the definition of "trailer," "trailer coach" or "camp trailer" as set forth in Vehicle Code sections 630, 636 and 242, respectively), or boats or for storage of personal property, which is: (i) (ii) (iii) The front yard, or a side yard which faces on a street, on any lot used for a single-family or two-family dwelling; or Within any area adjacent to a street which is required to be used as a yard by the yard requirements imposed by this chapter; or Within twelve (12) feet of the centerline of an alley; provided, however, that driveways providing direct access to a garage accessory to a single-family or two-family dwelling may be used for the parking of operable motor vehicles incidental to such use. Yard areas other than those specified above may be used for the off-street parking of motor vehicles, trailers, or boats and for storage of personal property, provided such use is incidental to the primary use of the lot. (iv) Nothing in this subsection (e) shall be deemed or interpre..ted to permit a. motor vehicle to park. on residential property, which is otherwise prohibited pursuant to subsection (h) of this section. Any setback line or required yard, whichever is greater, shall determine the building line. There shall be a distance of not less than fifteen (15) feet between detached dwelling units and main buildings. In the RE, R1, ~ R2, R3 and R4 districts and at any residential use in a Specific Development zoning district, there shall be no display, storage of materials or supplies, no stock in trade or commodity sold upon the premises, no service rendered, no professional equipment, apparatus or business equipment or trucks kept or stored on the premises, no person, employee, or assistant in connection therewith engaged for services on the Ordinance No. NS-2457 Page 5 of 8 272 premises or dispatched from the premises; and no mechanical equipment used except as is customarily used for housekeeping purposes. For purposes of this subsection (h), the word "truck" shall mean any of the following vehicles (except when kept or stored within a fully enclosed garage): (i) a "commercial vehicle" as defined in California Vehicle Code section 260, with a weight in excess of 10,000 pounds "gross vehicle weight rating" aa defined in California Vehicle Code section 390; or (ii) a commercial vehicle that exceeds eight feet (8') in total outside width, or seven feet (7') in height (including any load thereon), or twenty-one feet (21') in length in total bumper to bumper length; or (iii) a "tank vehicle," which shall mean any commercial vehicle that is designed to transport any liquid or gaseous material within a tank that ia permanently .or attached to the vehicle or the chassis, temporeHly . . including, but not I,m,ted to, cargo tanks and portable tanks, aa defined in Part 171 of Title 49 of the Code of Federal Regulations (this definition doee not include portable tanks having a rated capacity under 100 gallons), or a motor vehicle holding ha.zardoua w..aatas or hazardous materials which ia requ,red to display placards or markings pursuant to Vehicle Code section 27903; or (iv) a "general public peratranait vehicle" or a ".p?retranait vehicle" or a "transit bus" aa defined in Vehicle Code sections 336, 462 and 642, respectively, but not a "vanpool vehicle" as defined in California Vehicle Code section 686; or (v) a "achoolbua" or a "school pupil activity bus" or a "youth bus" aa defined in California Vehicle Code sections 545, 546 and 680, respectively; or (vi) a "eemitrailer" as defined in California Vehicle Code section 660; or (vii) a pickup truck with a "utility body" aa defined in California Vehicle Code section 471; or (viii) a atake bed truck which shall mean any motor vehicle Ordinance No. NS-2457 Page 6 of $ 273 (i) with a bed surrounded by side tells or endreils or a stake gate; or (ix) a "utility trailer" as defined in California Vehicle Code section 666; or (x) a "watering truck" or a "water tender vehicle" as defined in California Vehicle Code sections 675.5 and 676.5, respectively; or (xi) "special construction equipment" vehicles as defined in California Vehicle Code section 565; or (xii) a "tow truck" or a "tow dolly" as defined in California Vehicle Code sections 615 and 617, respectively; or (xiii) a "tour bus" or a "trailer bus" as defined in California Vehicle Code sections 612 and 636, respectively; or (xiv) a "truck tractor" as defined in California Vehicle Code section 655; or (xv) an "armored vehicle" as defined in California Vehicle Code section 115; or (xvi) a "taxicab" as defined in Article II of Chapter 32 of the Code, commencing with section 32-3. This subsection (h) shall not apply to any vehicle which is making pickups or deliveries of goods, wares and merchandise from or to any building or structure; except when the building or structure is used as a home occupation as defined in section 41-192.1 et seq. of the Code. Nor shall this subsection (h) apply to any vehicle parked for the purpose of delivering matorial8 to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure. Nor shall this subsection (h) apply to any vehicle which is screened by a fence or wall from vieibility (at ground level) from the public right-of-way, so long as the vehicle does not violate subsections (i) or (ii) of this subsection (h). No wires, ropes, beams, boards or similar connecting matedal or device, which is attached to any building or structure or to any appurtenance thereon, including television or radio antennas, shall be attached to or connected with the ground or any fixture within any required front yard setback as provided for in this chapter. Ordinance No. NS-2457 Page 7 of 8 274 SECTION 7: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 2r~ day of January, 2001. Al-rEST: Patricia E. Healy Clerk of the Council COUNCILMEMSERS: Pulido Aye McGuigan Aye Alvarez Nay Bist Absent Christy Aye Franklin Aye Solorio ~ APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney /~ C~ief Assil~tant City Atto y CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance No. NS-2457__ to be the original ordinance adopted by the City Council of the City of Santa Ana on ~D~,~,~; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. / -~"~Clerk Of the Council - ~ City of Santa Aha Ordinance No. NS-2457 Page 8 of 8