Agenda Item Wording:
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Second reading and adoption of Ordinance No. 2023-06 approving the revision to Visalia Municipal Code Chapter 10.16.210, which regulates commercial vehicles in residential zones within the City of Visalia. A Notice of Exemption was prepared for the ordinance amendment in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (Public Resources Code 21083). Notice of Exemption No. 2023-34 disclosed that the revisions to Section 10.16.210 will have no significant effect on the environment because the proposed ordinance will establish objective performance standards that regulate the parking of commercial vehicles in in residential zones.
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Deadline for Action: 8/7/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Jesse Villegas, Code Enforcement Officer, (559) 713-4191, jesse.villegas@visalia.city <mailto:jesse.villegas@visalia.city> Tracy Robertshaw, Neighborhood Preservation Manager, (559) 713-4187 tracy.robertshaw@visalia.city <mailto:tracy.robertshaw@visalia.city>
Paul Bernal, Community Development Director, (559) 713-4025 paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>
Department Recommendation:
Staff recommends that the Visalia City Council conduct the second reading and adopt Ordinance No. 2023-06 amending Visalia Municipal Code Section 10.16.210 “Commercial Vehicles in Residential Districts” per the attached Ordinance No. 2023-06.
Summary:
On July 17, 2023, the City Council held a public hearing to consider amending Visalia Municipal Code Section 10.16.210 regarding enforcement concerns and issues related to the parking of the large-scale commercial vehicles in residential districts.
During the public hearing, the City Council received a staff report, staff presentation, and received public comment. No persons spoke in opposition at the City Council meeting, and the City Council voted (5-0) to introduce the first reading of Ordinance No. 2023-06, amending Visalia Municipal Code Section 10.16.210 as provided in the attached ordinance.
The second reading of the Ordinance is the final action the City Council takes in order for amendment of Visalia Municipal Code Section 10.16.210 to take effect. Following the second reading and Council adoption, the ordinance will go into effect 30 days following adoption of the second reading.
Background Discussion:
During the August 15, 2022 City Council meeting, staff presented a work session item to City Council regarding enforcement concerns and issues related to the parking of large scale commercial vehicles in residential districts. The Visalia Municipal Code (VMC) Section 16.16.210 reads as follows:
“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.”
Complaints about parking commercial vehicles in residential neighborhoods has been an ongoing occurrence. In the past, issues arose with large semi-trucks and/or their cab, but most recently City staff has received complaints for large commercial vehicles of a lesser scale that are not semi-trucks but violate the ordinance nonetheless due to unladen weight requirements as specified in Section 16.16.210 of the VMC. It is the enforcement of these complaints that has generated concerns and questions from property owners found in violation of the ordinance as it currently reads.
During the work session presentation, public comment received from community members stated that the weight limitation of 5,000 pounds is no longer relevant today since most vehicles/trucks already exceed the weight limitation. In addition, comment was provided about the potential to afford property owners the ability to inquire on exceptions to this ordinance if their residential parcel is large enough to accommodate parking their commercial vehicle on-site without impacting the residential neighborhood and neighboring properties.
Additionally, staff has also received complaints regarding tow trucks being parked in residential areas. This is the result of the employee parking their tow truck vehicle at the home while they are on call. This is prevalent with several tow companies that have contracts with law enforcement agencies that require a 30-minute response to a call for service by officers. The code, as currently written, prohibits these vehicles from being parked within residential zoned areas. However, relocating the vehicle away from the residence would make it impossible to comply with the law enforcement service agreements. Under the proposed changes emergency vehicles that will be allowed to park in residential zones, may include tow trucks, ambulances, and some utility company vehicles.
Based on the information provided in the work session staff report and public comment received, Council directed staff to initiate amendments to VMC Section 10.16.210 for City Council’s consideration at a future meeting.
Fiscal Impact:
None.
Prior Council Action:
• On August 15, 2022, Council received a presentation by staff seeking direction to make changes to Visalia Municipal Code 10.16.210 “Commercial Vehicles in Residential Districts”.
• On July 17, 2023, the City Council held a public hearing to introduce Ordinance No. 2023-06. The City Council voted 5-0, to introduce and adopted Ordinance No. 2023-06.
Other: N/A
Alternatives: None.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve the second reading of Ordinance No. 2023-06 amending Visalia Municipal Code Section 10.16.210 “Commercial Vehicles in Residential Districts”.
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Environmental Assessment Status:
The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) which states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that 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, the activity is not subject to CEQA. The proposed ordinance will establish objective performance standards that regulate the parking of commercial vehicles in residential zones.
CEQA Review:
The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption (NOE No. 2023-34) has been prepared for the project.
Attachments:
1. Ordinance No. 2023-06 - Amending Section 10.16.210 Parking commercial vehicles in residential districts.
2. City Council Introduction and First Reading Staff Report dated July 17, 2023