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158 ORDINANCE NO. 158 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CA. ADOPTING AMENDMENT Z-95-04 REPEALING CHAPTER 10 OF THE GRAND TERRACE MUNICIPAL CODE AND ADOPTING A REVISED CHAPTER 10 AND ITS ASSOCIATED NEGATIVE DECLARATION (E-95-10) WHEREAS, currently the City has limited regulations as noted in the Municipal Code regarding commercial vehicle parking in the residential districts; WHEREAS, the City has received complaints regarding the parking of commercial vehicles on private property and public streets in the residential areas; and WHEREAS, the complaints are based on the aesthetic impact of commercial vehicles have to the residential areas/streets or front yards; and WHEREAS, the current regulations in the Municipal Code do address the parking of large commercial vehicles on the public streets and limited.regulations on private property in residential areas, are noted as Chapter 4.40/4.44 (Traffic Signs, Markings,. and Parking Citations), Chapter 8 (Nuisance Ordinance and Vehicle Abatement), Chapter 10 (Street Specifics, Weight Limits, 72 hour/Storage, Commercial Vehicles, Permits, Street Cleaning). WHEREAS, the current regulations of.the Municipal Code do not address the parking of commercial vehicles in the front yard, driveways or side yards of residences; and WHEREAS, as a result of complaints and survey results of some commercial vehicles parked on front yards/driveways of residential areas in order to provide some aesthetic relief to the neighborhoods of those areas an amendment with aesthetic and technical mitigation measures is proposed; and WHEREAS, certain types of commercial vehicles will not be allowed to be parked on the front yards of residences in visible view from the street; and WHEREAS, the Planning Commission at a discussion meeting.reviewed the preliminary proposed Zoning Amendment Z-95-04 at the September 7, 1995 meeting, and at a properly noticed public hearing on September 21, 1995. WHEREAS, the enforcement of this proposed amendment, Z-95-04, will not take place until 6 months after the adoption date of this ordinance to allow the owners of such vehicles time to find alternatives to comply with the Code; and - 1 WHEREAS, in accordance with the provisions of the California Environmental Quality _ Act, an Initial Study has been conducted and a Negative Declaration(E-95-10)has been prepared and is attached as Exhibit 1; and WHEREAS, the City Council held a properly noticed public hearing regarding Z-95-04 and E-95-10 on October 12, 1995; and WHEREAS, the Zoning Amendment Z-95-04 proposed includes, clarification of types of commercial vehicles prohibited in residential. areas, and clear regulations regarding the parking of commercial vehicles; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES HEREBY ORDAIN THAT THE ORDINANCE WILL READ AS FOLLOWS: PROPOSED CHAPTER AMENDMENTS Chapter 10.16 Storage/Parking of Vehicles Chapter 10.16.021 Restriction of Commercial Vehicles in Front Yards, Paved Driveways and Side Yards of Residential Areas The parking and/or storage of the following,commercial vehicles in the front yards, front yard paved area, driveway, or side yards when these are visible from the street shall be prohibited in all residentially zone areas: Refer to Graphic Display a) Large Commercial Trucks; above 7 feet in height, above 22 feet in length. Refer to Graphic Illustration from State Vehicle Code. b) Three or more axle trucks c) Tow Trucks d) Concrete Mixer Trucks e) Flatbed Trucks f) Tractor/Cabs Only g) Tank Vehicles (i.e., water, oil, liquids) h) Big Rigs and Their Trailers i) Farm related vehicles j) Delivery Trucks/Vans (i.e., ice cream, materials, goods and services)* k) White (or colored) Panel or Box Trucks (i.e., goods, produce, bread etc.).* * These two types are not considered commercial vehicles per the State Vehicle Code unless carrying hazardous materials. However, when used for commercial purposes State DMV requires a commercial driver's license. 2 Chapter 10.16.030 Permit Parking for Personal or Commercial Vehicles. The City Manager or his appointed representative shall have the authority to issue to any persona revocable written.parking permit to park or leave standing a personal or commercial vehicle referred to in this chapter upon written application setting forth the reasons therefor. Such permit shall be issued for a specified period of time and may be revoked by notice, in writing, to the applicant. Terms and conditions are to be as are reasonable and necessary to,ensure safety of persons and property, and that it will be in the best interest of the neighborhood and will prevent any adverse effect upon persons or property affected thereby. The City Manager may issue such permit if the following findings can be made: A. That good reason exists to park such vehicle upon a prohibited area in that an emergency or unusual circumstance requires the parking of such vehicle upon such area and no other suitable alternative exists;. B. That no adjacent properties will be adversely affected thereby; C. That the parking or storage of the vehicle in the location will not create a hazard to persons or property; D. That parking or storage of the vehicle in such location will not obstruct nor obstruct nor interfere with visibility of adjacent properties; E. That the vehicle and area immediately around it is maintained in a clean and orderly manner without the accumulation of trash or debris thereabouts. The Community Development Director or appointed representative shall have the authority to issue to any person a written parking/Landuse Permit approval to park or leave-standing a commercial vehicle on private property referred to in this chapter upon written application setting forth the reasons therefore. Such permit shall be issued for a specified period of time and may be revoked by notice, in writing, to the applicant. Terms and conditions. are to be as are reasonable and necessary to ensure safety of persons and property, and that it will be in the best interest of the neighborhood and will prevent any adverse effect upon persons or property affected thereby. The Community Development Director may issue such permit if the following findings can be made: A. That good reason exists to park such vehicle upon a prohibited area in that an emergency or unusual circumstance requires the parking of such vehicle upon such area and no other suitable alternative, exists; B. That no adjacent properties will be adversely affected thereby; C. That the parking or storage of the vehicle in the location will not create a hazard to persons, or property, or create a negative environmental impact. 3 D. That parking or storage of the vehicle in such location will not obstruct nor interfere with visibility of adjacent properties; E. That the vehicle and area immediately around it is maintained in a clean and orderly manner without the accumulation of trash, debris. or maintenance/repair work to be allowed . F. If the parking of such vehicle is to be on a vacant lot, then written permission from respective property owner must be submitted to the City along with a Site . and Architectural Review per Zoning Code Chapter 18, Section 18.60 (Parking Design). FURTHERMORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES-HEREBY ORDAINS AS FOLLOWS: SECTION 1: E-95-10, a Negative Declaration prepared for Z-95-04 included herewith as Exhibit A is hereby:approved; and SECTION 2: The Grand Terrace Municipal Code is hereby revised for Chapter 10.16, Sections 10.16.000, 10.16.021 and 10.16.030) which is set out in full, included herewith and is hereby adopted; and . SECTION 3: Effective Date - This Ordinance shall be in full force and effect at 12:01 A.M. on the 31st day of its adoption. SECTION 4: Posting : The City Clerk shall cause this Ordinance to be posted in three (3)public places within fifteen(15) days of its adoption, as designated for. such purpose by the City Council. SECTION 5: First read at a regular meeting of the City Council of said City held on the 12th day of October, 1995, and finally adopted and ordered posted at a regular meeting of said City Council on the 26th day of October, 1995. ATTEST: City Clerk of the Ci or of the City of Grand,Terrace and of the Grand Terrace and of the City'Council thereof City Council thereof 4 I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 26th day of October, 1995 by the following vote: AYES: Councilmembers Hilkey, Singley, and Buchanan; Mayor Pro Tem Carlstrom; Mayor Matteson NOES: None ABSENT: None ABSTAIN: None Approved as to form: City Attorney -c:\wp51\planning\zc\zc9504.cco 5