Agenda Item Wording:
title
Receive staff presentation and provide comment and/or direction on Visalia Municipal Code Chapter 10.16.210 Parking Commercial Vehicles in Residential Districts.
body
Deadline for Action: 8/15/2022
Submitting Department: Community Development
Contact Name and Phone Number:
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 receive the staff report and presentation of Visalia Municipal Code Section 10.16.210 “Commercial Vehicles in Residential Districts” and provide direction to staff regarding any proposed changes to this ordinance that Council would like to have researched and developed further.
Background Discussion:
Over the past year, Councilmembers and staff received complaints related to the enforcement of commercial vehicles in residential districts. Typically, the complaints entail large scale semi-trucks (with trailer attached) or the cab minus the trailer. Over the past year, several complaints were received regarding large commercial vehicles of a lesser scale than semi-trucks but violating the ordinance none the less. 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.
Visalia Municipal Code Section 10.16.210 states the following:
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.
The concern from some in the community is the weight limitation of 5,000 pounds as stated in the ordinance is no longer relevant today since most vehicles/trucks already exceed this weight limitation. In addition, property owners have begun 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.
It should also be noted that the City’s Home Occupation Permit (HOP) ordinance, Visalia Municipal Code Section 17.32.030, conflicts with section 10.16.210 since a HOP can allow the parking of a three-quarter ton (6,500 pounds) vehicle.
Additionally, staff has also received complaints regarding tow trucks being parked in residential areas. This is the result of an employee parking their tow truck vehicle at the home while they are on call. This is prevalent with a number of 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 residentially zone areas. However, relocating the vehicle away from the tow truck driver’s residence would make it impossible to comply with the law enforcement service agreements.
As staff researched the code provisions related to tow trucks, it became apparent that several ambulance posts are also operating in residential zones through approval of a Conditional Use Permit. The average weight of an ambulance is 10,000 to 14,000, resulting in a conflict between Section 10.16.210 as it is currently written and activities that are allowed under the City’s Zoning Ordinance.
Possible Amendment Considerations to Section 10.16.210
If directed by City Council, staff will expand on the research that has been conducted and look for potential code updates that the City Council could consider for implementation that would permit, in certain instances, commercial vehicles to be parked in residential zones. Potential considerations that could be further explored include:
1. Define commercial vehicles and emergency vehicles.
2. Identify an exemption for tow trucks to comply with required response times under law enforcement service agreements or commercial vehicles parked pursuant to a home occupation permit, and potentially modify the allowed weight of commercial vehicles allowed to park under the home occupation permit.
3. Increase the minimum unladen weight limitations for commercial vehicles as stated in Section 10.16.210.
4. Allow commercial vehicles to park in “residential districts” with certain development standards/restrictions as defined below:
a. Limit the number of commercial vehicles allowed to park per parcel
b. Require a minimum parcel size (i.e., 10,000 square feet).
c. Require the commercial vehicle to be parked outside of any front yard area and be located behind a solid gate or wall.
d. Require the commercial vehicle to be parked on an improved non-pervious surface.
e. Require a Conditional Use Permit.
f. Require and identify setback requirements.
g. Identify a maximum commercial vehicle weight that would be prohibited from parking in residential zones.
h. Prohibit semi-trucks/18 wheeler vehicles.
Fiscal Impact:
None at this time.
Prior Council Action:
N/A
Other:
N/A
Alternatives:
The City Council may, in lieu of the recommended motion, direct staff to not process any amendments to Visalia Municipal Code Section 10.16.210 “Parking Commercial Vehicles in Residential Districts.”
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to direct staff to initiate amendments for City Council consideration to Visalia Municipal Code 10.16.210 Commercial Vehicles in Residential Districts as noted in the staff report.
end
Environmental Assessment Status:
None.
CEQA Review:
N/A
Attachments:
1. Visalia Municipal Code 10.16.210