HomeMy WebLinkAboutPS RV Ordinance - not approvedC/TYOF Agenda Item No: 3.b
n4 Meeting Date: July 5, 2016
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Parking Services
Prepared by: Jim Myhers, Manager City Manager Approval:
TOPIC: REGULATION OF RECREATIONAL VEHICLE AND OVERSIZED VEHICLE PARKING
ON CITY STREETS
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING SAN RAFAEL MUNICIPAL CODE CHAPTER 5.40 ENTITLED "STOPPING, STANDING
AND PARKING", TO ADD RESTRICTIONS ON PARKING, STOPPING, AND STANDING OF
RECREATIONAL VEHICLES AND OVERSIZED VEHICLES
RECOMMENDATION: Adopt ordinance.
BACKGROUND: At its June 20, 2016 meeting, the City Council passed to print an ordinance that
would amend the City's Municipal Code to prohibit the parking of Recreational Vehicles (including other
similar vehicles as defined in the ordinance) or "RV's" on public streets throughout the City, and to
include "oversized vehicles" (as defined in the ordinance) in the one-hour restriction on the parking of
commercial vehicles, except during active loading and unloading. The Council approved the ordinance
with the inclusion of two additional provisions requested by Councilmember McCullough to:
1. Include a vehicle's load in determining whether the vehicle exceeds the height, width and
length standards defining an "oversized vehicle" for purposes of the one-hour parking
regulation; and
2. Prohibit as unsafe the loading and unloading of salvaged vehicles, vehicle parts, or heavy
machinery on public streets.
The ordinance before the Council for final adoption includes these additional provisions (highlighted by
underlining).
ANALYSIS: The ordinance must be adopted by the City Council, and will then go into effect in 30
days.
As noted at the June 20 Council meeting, Staff has committed to issue warnings to violators for 60 days
and producing informational flyers to inform RV and oversized vehicle owners about alternative parking
options. In addition, Staff will conduct additional outreach with members of the Chamber of Commerce
FOR CITY CLERK ONLY
File No.: 9-3-87
Council Meeting: 07/05/2016
Disposition: Return for Second Reading or Reintroduction
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
and BID who have expressed concern over the effect of the ordinance on their businesses, and will
also request input via the informational flyers. Staff will determine if a temporary permit system similar
to that for the RV's should be enacted and will also determine if an amendment to the ordinance should
be brought forward to the Council for consideration.
FISCAL IMPACT: Signage advising persons of the RV parking restrictions must be posted at each
entrance to the City. There are approximately 50-55 signs that will be required. The total cost for
signage, labor and staff time is estimated at $15,000 and will be paid from appropriations in the Parking
Fund.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the ordinance as presented;
2. Direct staff to make further modifications to the ordinance to be re -introduced at a later Council
meeting;
3. Reject the ordinance and do not adopt any new regulations governing the parking of
Recreational Vehicles and Oversized Vehicles
RECOMMENDED ACTION: Adopt the ordinance as presented.
ATTACHMENTS:
An Ordinance of the City Council of the City of San Rafael Amending San Rafael Municipal
Code Chapter 5.40 Entitled "Stopping, Standing and Parking", to add Restrictions on Parking,
Stopping, and Standing of Recreational Vehicles and Oversized Vehicles
2. Redlined copy of Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE
CHAPTER 5.40 ENTITLED "STOPPING, STANDING AND
PARKING", TO ADD RESTRICTIONS ON PARKING, STOPPING,
AND STANDING OF RECREATIONAL VEHICLES AND
OVERSIZED VEHICLES
WHEREAS, the City Council wishes to preserve the safety and attractiveness of the
City's streets and the health of its residents and others using those streets; and
WHEREAS, public streets in the City of San Rafael are increasingly used to regularly or
routinely park or store certain vehicles built or modified to temporarily or permanently domicile
persons or animals, such as recreational vehicles, campers, trailers, motorhomes, and boats,
hereafter referred to collectively, for convenience, as "RV's"; and
WHEREAS, the regular or routine parking and/or storage of RV's and other oversized
vehicles on City streets often creates driver's line of sight obstructions from intersections and
driveways, thus creating hazards to vehicular and pedestrian travel and reducing effective ingress
and egress of emergency and critical service vehicles; and
WHEREAS, the routine parking and/or storage of RV's creates public health and safety
hazards due to the occurrence of illegal discharges of septic waste, wastewater, fuels, trash or
garbage from such vehicles into City streets, sewers or storm drains; and
WHEREAS, the City of San Rafael has seen an increase in the number of complaints of
traffic and pedestrian dangers and health concerns arising from the routine or regular parking
and/or storage of RV's and oversized vehicles on public streets of the City; and
WHEREAS, the City Council finds that regulating the parking of RV's and oversized
vehicles will promote the safety of public streets for motorists, pedestrians and children by
improving visibility and driving conditions, and will improve the health and safety of the entire
San Rafael community by minimizing the use of City streets and thoroughfares for the illegal
discharge of septic waste, wastewater, garbage and trash; and
WHEREAS, the City Council finds that adoption of this ordinance would provide
limitations on the use of public streets for parking, and is therefore categorically exempt from
environmental review pursuant to the California Environmental Quality Act ("CEQA")
Guidelines Section 15301 concerning the operation or minor alteration of existing public
facilities involving negligible or no expansion of use;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES HEREBY ORDAIN AS FOLLOWS:
DIVISION 1: AMENDMENT.
Section 5.40.140 of the San Rafael Municipal Code, entitled "Parking—Commercial
vehicles and trailers" is hereby amended to amend subsection (A) thereof to read in its entirety as
follows:
A. Residential Districts. No person shall park any commercial vehicle of more than
ten thousand (10,000) pounds unladen gross weight, any oversized vehicle any
trailer, semi -trailer, utility trailer or auxiliary dolly (as these vehicles are defined
in the California Vehicle Code) for more than one hour upon any city street or
portion thereof, within any residential district (Chapter 14.04), planned residential
development district (Chapter 14.07), public/quasi-public district (Chapter 14.09),
or parks/open space district (Chapter 14.10), within the city. For purposes of this
section, a vehicle will be deemed to have been parked for longer than the time
allowed if it has not been moved at least "out of the block face" after the
expiration of the designated time period. A "block face" is defined as the block in
which the vehicle is parked, bordered by an intersection at each end. A vehicle
may not return to the same block face sooner than two hours following the
expiration of the initial time period.
DIVISION 2: AMENDMENT.
Section 5.40.140 of the San Rafael Municipal Code is hereby amended to amend
subsection (B) thereof to read in its entirety as follows:
B. Commercial/Office/Industrial Districts. No person shall park any commercial
vehicle of more than ten thousand (10,000) pounds unladen gross weight, any
oversized vehicle, any trailer, semi -trailer, utility trailer or auxiliary dolly (as
these vehicles are defined in the California Vehicle Code) for more than one hour
upon any city street or portion thereof, within any commercial and/or office
district (Chapter 14.05), industrial district (Chapter 14.06), planned
commercial/office/industrial development district (Chapter 14.07), marine -related
district (Chapter 14.08) or water district (Chapter 14.11) within the city. For
purposes of this section, a vehicle will be deemed to have been parked for longer
than the time allowed if it has not been moved at least "out of the block face"
after the expiration of the designated time period. A "block face" is defined as the
block in which the vehicle is parked, bordered by an intersection at each end. A
vehicle may not return to the same block face sooner than two hours following the
expiration of the initial time period.
DIVISION 3: AMENDMENT.
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Section 5.40.140 of the San Rafael Municipal Code is hereby amended to amend
subsection (D) thereof to read in its entirety as follows:
D. Loading and Unloading. Commercial vehicles, oversized vehicles, trailers, semi-
trailers, utility trailers or auxiliary dollies (as these vehicles are defined in the
California Vehicle Code) which, in the ordinary course of business, are in the
process of safely loading, unloading, or are performing a service to an adjacent
property, shall park upon the city street or portion thereof no longer than one
hour, or the time necessary to complete the loading, unloading or the performance
of the service. For purposes of this section, a vehicle will be deemed to have been
parked for longer than the time allowed if it has not been moved at least "out of
the block face after the expiration of the designated time period. A "block face"
is defined as the block in which the vehicle is parked, bordered by an intersection
at each end. A vehicle may not return to the same block sooner than two hours
following the expiration of the initial time period.
The time necessary to complete loading, unloading or the performance of a
service shall only include continuous, uninterrupted loading, unloading or
performance of a service in the ordinary course of business. Parking of a
commercial vehicle in anticipation of future loading, unloading or performance of
a service, or temporary storage of a commercial vehicle on a city street or portion
thereof, or the loading or unloadinfz of salvaged vehicles, vehicle parts, and heavy
machinery on the public streets, which is deemed to be an unsafe use of the public
streets, shall not be permitted except pursuant to subsection E of this section.
DIVISION 4: AMENDMENT.
Section 5.40.140 of the San Rafael Municipal Code is hereby amended by adding new
subsection (F) thereto, to read in its entirety as follows:
F. For purposes of this Chapter, an "oversized vehicle" shall mean any vehicle, as
defined by California Vehicle Code Section 670, or combination of vehicles,
which exceeds twenty-two feet (22') in length, or seven feet (7') in width or eight
feet (8') in height, exclusive of projecting lights or devices allowed by Sections
35109 and 35110 of the California Vehicle Code, but includinz any load in or on
a vehicle which effectively causes the vehicle's length, width or height to exceed
the standards in this section so as to create potential hazards from sight -line
obstructions and/or illegal deposits of waste which this Chapter seeks to prevent.
DIVISION 5: AMENDMENT.
San Rafael Municipal Code Chapter 5.40 entitled "Stopping, Standing and Parking" is
hereby amended by adding new Section 5.40.145, to read in its entirety as follows:
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5.40.145 Stopping, Standing, and Parking of Recreational Vehicles --Prohibited.
A. Definitions. For purposes of this Section, the following definitions shall apply
unless the context clearly indicates or requires a different meaning:
1. "Recreational Vehicle" or "RV" shall mean any vehicle or trailer which is
capable of human habitation or designed or used for recreational camping or
travel use, whether self-propelled or mounted on or drawn by another vehicle,
or any structure inspected, approved and designated as a recreational vehicle
by and bearing the insignia of the State of California or any other State or
Federal agency having the authority to approve recreational vehicles.
"Recreational vehicle" may include, without limitation, any of the following:
a "camp trailer", as defined by California Vehicle Code Section 242; a "fifth
wheel travel trailer", as defined by California Vehicle Code Section 324; a
"house car", as defined in California Vehicle Code Section 362; a "trailer" as
defined in California Vehicle Code Section 630; a "trailer coach", as defined
in California Vehicle Code Section 635; a mobile home, as defined by
California Vehicle Code Section 396; a boat, watercraft, and/or a trailer for a
boat or watercraft; a "park trailer" as defined in California Health & Safety
Code Section 18009.3; a "recreational vehicle" as defined in California Health
& Safety Code Section 18010; and a "truck camper" as defined in California
Health & Safety Code Section 18013.4.
2. "Resident" shall mean a person who customarily resides and maintains a place
of abode or who owns land within the City. It shall not mean a person who
maintains an address at a mailbox drop, or who rents a room which is not his
or her primary place of abode, nor shall it mean a person who maintains only a
post office box, unless that person also provides evidence of residence at a
street address within the City.
3. "Out-of-town visitor" shall mean any person who does not reside in the City
who is temporarily visiting as a guest of a resident of the City, and who has
applied for a Temporary RV Parking Permit.
B. Prohibitions.
1. Notwithstanding anything in Section 5.40.140 of this code to the contrary,
except as provided in Subsections C and D of this Section, no person shall
park, stop, or leave standing any Recreational Vehicle upon any public
highway or public right-of-way or public property within the city.
2. No person shall display a fraudulent, forged, altered, or counterfeit Temporary
RV Parking Permit or Permit number with the intent to avoid compliance with
this Section.
C. Exemptions. The prohibitions in this Section shall not apply to any of the
following:
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1. A Recreational Vehicle for which a Temporary RV Parking Permit has been
issued by the Parking Services Manager as provided in Subsection D;
2. A Recreational Vehicle parked, stopped, or left standing as a result of a
mechanical breakdown so as to allow the performance of emergency repairs
on the vehicle for a period not to exceed twenty-four (24) hours;
3. Any public emergency vehicle.
D. Temporary RV Parking Permits.
1. Temporary RV Parking Permits --Purpose. The purpose of authorizing the
issuance of Temporary RV Parking Permits is to give owners of Recreational
Vehicles the opportunity, for a limited time, to park the Recreational Vehicle
on a public street or highway directly in front of (or the side of the property if
it is a corner lot) their residence for purposes of loading and unloading, and to
allow an out-of-town visitor who owns a Recreational Vehicle to park on a
public street or highway directly in front of (or the side of the property if it is
a corner lot) the residence which the out-of-town visitor is visiting for a
limited time period, and to allow a Recreational Vehicle to be used on a
temporary basis for a community -serving event, or, in order to provide
flexibility in administration, as deemed appropriate by the Parking Services
Manager.
2. Temporary RV Parking Permits—Limitations.
a. A resident with a Temporary RV Parking Permit who parks, stops, or
leaves standing his/her Recreational Vehicle on a public street or highway
other than directly in front of (or the side of the property if it is a corner
lot) his/her residence will be subject to citation, towing, or both.
b. An out-of-town visitor with a Temporary RV Parking Permit who parks,
stops, or leaves standing his/her Recreational Vehicle on a public street or
highway other than directly in front of (or the side of the property if it is a
corner lot) the residence which the out-of-town visitor is visiting will be
subject to citation, towing, or both.
c. No person shall cause or permit any electrical, water, gas, telephone or
other utility connection from any property to a recreational vehicle parked,
stopped, or left standing on a public highway or street, including but not
limited to electrical cords, extension cords, hoses, or cables, to encroach
into any public right-of-way, including across or above any street or
sidewalk.
3. Temporary RV Parking Permits—Application and Issuance. The Parking
Services Manager or designee, is authorized to issue Temporary RV Parking
Permits, pursuant to the following:
a. Residents. Each resident desiring a Temporary RV Parking Permit shall
file with the Parking Services Department a completed City application
form, signed under penalty of perjury, containing the following:
i. The name, address, and phone number of the registered owner of
the designated Recreational Vehicle;
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ii. The name, address, and phone number of the applicant(s) for the
permit;
iii. Proof of residency. Acceptable proof of residency must be current
and must include a California Driver's License or California
Identification Card, and either a property tax bill or a public utility
bill;
iv. The registration from the California Department of Motor Vehicles
for the Recreational Vehicle or Trailer that shows the Recreational
Vehicle is registered in the City of San Rafael;
v. The license number, make, and model of the designated
Recreational Vehicle;
vi. The dates for which the permit is requested;
vii. Additional information the Parking Services Department may
require.
b. Out-of-town visitors. Each out-of-town visitor desiring a Temporary RV
Parking Permit shall file with the Parking Services Department a
completed City application form, signed under penalty of perjury,
containing the following:
i. The name, address, and phone number of the registered owner of
the designated Recreational Vehicle;
ii. The name, address, and phone number of the applicant(s) for the
permit;
iii. The registration from the California Department of Motor
Vehicles, or equivalent agency for another state, for the
Recreational Vehicle;
iv. The name, address, and phone number of the resident that is being
visited;
v. The license number, make, and model of the designated
Recreational Vehicle;
vi. The dates for which the permit is requested;
vii. Additional information the Parking Services Department may
require.
c. Community -serving uses and others. Each person or organization desiring
a Temporary RV Parking Permit shall file with the Parking Services
Department a completed City application form, signed under penalty of
perjury, containing the following:
viii. The name, address, and phone number of the registered owner of
the designated Recreational Vehicle;
ix. The name, address, and phone number of the applicant(s) for the
permit;
x. The registration from the California Department of Motor
Vehicles, or equivalent agency for another state, for the
Recreational Vehicle;
xi. The event or purpose for which the RV will be parked;
xii. The license number, make, and model of the designated
Recreational Vehicle;
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5.
xiii. The dates for which the permit is requested;
xiv. Additional information the Parking Services Department may
require.
Temporary RV Parking Permits—Display. Temporary RV Parking Permits
issued and approved by the Parking Services Department shall include the
license plate number of the designated Recreational Vehicle, the date of
permit issuance, and the day of permit expiration.
a. Permits shall be displayed in the lower driver's side of the windshield or
nearest window of the Recreational Vehicle for which it has been issued
so that it is clearly visible from the exterior of the vehicle. Permits shall be
displayed on the side of the Recreational Vehicle for which it has been
issued so that it is visible from the street, which is usually the left side.
b. The Parking Services Manager or designee is authorized to set up a
Temporary RV Parking Permit call-in phone number or internet
processing system.
Temporary RV Parking Permits—Duration.
a. Residents. A Temporary RV Parking Permit issued to a resident shall be
valid for one (1) calendar day. An applicant may request no more than
three (3) consecutive Temporary RV Parking Permits (a total of three (3)
calendar days of parking) at one time. Upon expiration of the permit, the
applicant may apply for and be granted additional Temporary RV Parking
Permits if the applicant still qualifies under the conditions set forth in this
Section. In no event shall any person residence and/or designated
Recreational Vehicle be issued more than thirty-six (36) Temporary RV
Parking Permits for residents in any calendar year.
b. Out-of-town visitors. A Temporary RV Parking Permit issued to an out-
of-town visitor shall be valid for a period not to exceed eight (8) calendar
days. Upon expiration of the permit, the applicant may apply for and be
granted additional Temporary RV Parking Permits if the applicant still
qualifies under the conditions set forth in this Section. The Temporary RV
Parking Permit will be tied to the residence being visited. In no event
shall any person, residence and/or designated Recreational Vehicle be
issued more than twelve (12) Temporary RV Parking Permits for out-of-
town visitors in any calendar year.
c. Community -serving uses. A Temporary RV Parking Permit may be
issued for a temporary community -serving use, such as a blood drive or
mobile library stop, and shall be valid for a period not to exceed twelve
(12) hours. In no event shall any person or organization be issued more
than twelve (12) Temporary RV Parking Permits for community -serving
uses in any calendar year.
d. Other. The Parking Services Manager, in his or her discretion, may issue
Temporary RV Parking Permits for such other purposes and time periods,
and with such conditions, as he or she shall deem appropriate for the
promotion of the public health, safety or general welfare.
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E. Violations. Vehicles violating any provision of this Section may be cited and/or
immediately removed.
F. Signs. The Director of Public Works shall post streets signs giving notice of the
parking prohibitions herein at appropriate locations on any streets within the city,
including at the entrances and exits to the city. Such signs shall give notice that
vehicles violating this Section may be cited/and or towed at the owner's expense.
DIVISION 7: SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases be declared invalid.
DIVISION 8: PUBLICATION; EFFECTIVE DATE.
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the
Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after the adoption,
together with the names of the Councilmembers voting for or against same, in the Marin
Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for and against the Ordinance.
KATE COLIN, Vice -Mayor
ATTEST:
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. was read and introduced at a regular meeting of the City
Council of the City of San Rafael on , the day of 20, and was
ordered passed to print by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the day of , 20.
ESTHER C. BEIRNE, City Clerk
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SUMMARY OF ORDINANCE NO. 1941
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE CHAPTER
5.40 ENTITLED "STOPPING, STANDING AND PARKING", TO ADD
RESTRICTIONS ON PARKING, STOPPING, AND STANDING OF
RECREATIONAL VEHICLES AND OVERSIZED VEHICLES
This Summary concerns a proposed ordinance of the City Council of the City of San
Rafael, designated as Ordinance No. 1941, which will amend Chapter 5.40 of the San Rafael
Municipal Code, entitled "Stopping, Standing and Parking" as detailed in the complete text of
Ordinance No. 1941. Ordinance No. 1941 is scheduled for adoption by the San Rafael City
Council at its regular meeting of July 5, 2016. The City Clerk has been directed to publish this
Summary pursuant to City Charter and California Government Code section 36933(c)(1).
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
The Ordinance will amend San Rafael Municipal Code Chapter 5.40 to prohibit
Recreational Vehicles (including other similar vehicles as defined in the ordinance) from parking
on public streets anywhere in the City of San Rafael, except as allowed with a temporary permit
issued by the City's Parking Services Division. Such permits would be issued for defined
purposes, including, but not limited to: allowing residents to park their Recreational Vehicles for
loading/unloading before and after use; and allowing out-of-town visitors to park on a street
adjacent to the residence of the persons they are visiting in San Rafael. The proposed ordinance
would also prohibit commercial vehicles and oversized vehicles other than Recreational Vehicles
(as defined in the ordinance) from parking on public streets within the City for more than one
hour, except during active loading and unloading.
For a copy of the complete text of Ordinance No. 1941, please contact the City Clerk at
(415) 485-3066 or the Parking Services Department at (415) 458-5333. Copies of Ordinance No.
1941 will also be available for public review as of Wednesday, June 29, 2016, at the San Rafael
City Clerk's Office, 1400 Fifth Avenue, 2nd Floor, Room 209 during regular business hours, 8:30
a.m. to 5:00 p.m.
/s/ Esther C. Beirne
ESTHER C. BEIRNE
San Rafael City Clerk
Dated: June 29, 2016
ORDINANCE NO. 1941
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE
CHAPTER 5.40 ENTITLED "STOPPING, STANDING AND
PARKING", TO ADD RESTRICTIONS ON PARKING, STOPPING,
AND STANDING OF RECREATIONAL VEHICLES AND
OVERSIZED VEHICLES
WHEREAS, the City Council wishes to preserve the safety and attractiveness of the
City's streets and the health of its residents and others using those streets; and
WHEREAS, public streets in the City of San Rafael are increasingly used to regularly or
routinely park or store certain vehicles built or modified to temporarily or permanently domicile
persons or animals, such as recreational vehicles, campers, trailers, motorhomes, and boats,
hereafter referred to collectively, for convenience, as "RV's"; and
WHEREAS, the regular or routine parking and/or storage of RV's and other oversized
vehicles on City streets often creates driver's line of sight obstructions from intersections and
driveways, thus creating hazards to vehicular and pedestrian travel and reducing effective ingress
and egress of emergency and critical service vehicles; and
WHEREAS, the routine parking and/or storage of RV's creates public health and safety
hazards due to the occurrence of illegal discharges of septic waste, wastewater, fuels, trash or
garbage from such vehicles into City streets, sewers or storm drains; and
WHEREAS, the City of San Rafael has seen an increase in the number of complaints of
traffic and pedestrian dangers and health concerns arising from the routine or regular parking
and/or storage of RV's and oversized vehicles on public streets of the City; and
WHEREAS, the City Council finds that regulating the parking of RV's and oversized
vehicles will promote the safety of public streets for motorists, pedestrians and children by
improving visibility and driving conditions, and will improve the health and safety of the entire
San Rafael community by minimizing the use of City streets and thoroughfares for the illegal
discharge of septic waste, wastewater, garbage and trash; and
WHEREAS, the City Council finds that adoption of this ordinance would provide
limitations on the use of public streets for parking, and is therefore categorically exempt from
environmental review pursuant to the California Environmental Quality Act ("CEQA")
Guidelines Section 15301 concerning the operation or minor alteration of existing public
facilities involving negligible or no expansion of use.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES HEREBY ORDAIN AS FOLLOWS:
DIVISION 1: AMENDMENT.
Section 5.40.140 of the San Rafael Municipal Code, entitled "Parking—Commercial
vehicles and trailers" is hereby amended to amend subsection (A) thereof to read in its entirety as
follows:
A. Residential Districts. No person shall park any commercial vehicle of more than
ten thousand (10,000) pounds unladen gross weight, any oversized vehicle any
trailer, semi -trailer, utility trailer or auxiliary dolly (as these vehicles are defined
in the California Vehicle Code) for more than one hour upon any city street or
portion thereof, within any residential district (Chapter 14.04), planned residential
development district (Chapter 14.07), public/quasi-public district (Chapter 14.09),
or parks/open space district (Chapter 14.10), within the city. For purposes of this
section, a vehicle will be deemed to have been parked for longer than the time
allowed if it has not been moved at least "out of the block face" after the
expiration of the designated time period. A "block face" is defined as the block in
which the vehicle is parked, bordered by an intersection at each end. A vehicle
may not return to the same block face sooner than two hours following the
expiration of the initial time period.
DIVISION 2: AMENDMENT.
Section 5.40.140 of the San Rafael Municipal Code is hereby amended to amend
subsection (B) thereof to read in its entirety as follows:
B. Commercial/Office/Industrial Districts. No person shall park any commercial
vehicle of more than ten thousand (10,000) pounds unladen gross weight, any
oversized vehicle, any trailer, semi -trailer, utility trailer or auxiliary dolly (as
these vehicles are defined in the California Vehicle Code) for more than one hour
upon any city street or portion thereof, within any commercial and/or office
district (Chapter 14.05), industrial district (Chapter 14.06), planned
commercial/office/industrial development district (Chapter 14.07), marine -related
district (Chapter 14.08) or water district (Chapter 14.11) within the city. For
purposes of this section, a vehicle will be deemed to have been parked for longer
than the time allowed if it has not been moved at least "out of the block face"
after the expiration of the designated time period. A "block face" is defined as the
block in which the vehicle is parked, bordered by an intersection at each end. A
vehicle may not return to the same block face sooner than two hours following the
expiration of the initial time period.
DIVISION 3: AMENDMENT.
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Section 5.40.140 of the San Rafael Municipal Code is hereby amended to amend
subsection (D) thereof to read in its entirety as follows:
D. Loading and Unloading. Commercial vehicles, oversized vehicles, trailers, semi-
trailers, utility trailers or auxiliary dollies (as these vehicles are defined in the
California Vehicle Code) which, in the ordinary course of business, are in the
process of safely loading, unloading, or are performing a service to an adjacent
property, shall park upon the city street or portion thereof no longer than one
hour, or the time necessary to complete the loading, unloading or the performance
of the service. For purposes of this section, a vehicle will be deemed to have been
parked for longer than the time allowed if it has not been moved at least "out of
the block face after the expiration of the designated time period. A "block face"
is defined as the block in which the vehicle is parked, bordered by an intersection
at each end. A vehicle may not return to the same block sooner than two hours
following the expiration of the initial time period.
The time necessary to complete loading, unloading or the performance of a
service shall only include continuous, uninterrupted loading, unloading or
performance of a service in the ordinary course of business. Parking of a
commercial vehicle in anticipation of future loading, unloading or performance of
a service, or temporary storage of a commercial vehicle on a city street or portion
thereof, or the loading or unloading of salvaged vehicles, vehicle parts, and heavy
machinery on the public streets, which is deemed to be an unsafe use of the public
streets, shall not be permitted except pursuant to subsection E of this section.
DIVISION 4: AMENDMENT.
Section 5.40.140 of the San Rafael Municipal Code is hereby amended by adding new
subsection (F) thereto, to read in its entirety as follows:
F. For purposes of this Chapter, an "oversized vehicle" shall mean any vehicle, as
defined by California Vehicle Code Section 670, or combination of vehicles,
which exceeds twenty-two feet (22') in length, or seven feet (7') in width or eight
feet (8') in height, exclusive of projecting lights or devices allowed by Sections
35109 and 35110 of the California Vehicle Code, but including any load in or on
a vehicle which effectively causes the vehicle's length, width or height to exceed
the standards in this section so as to create potential hazards from sight -line
obstructions and/or illegal deposits of waste which this Chapter seeks to prevent.
DIVISION 5: AMENDMENT.
San Rafael Municipal Code Chapter 5.40 entitled "Stopping, Standing and Parking" is
hereby amended by adding new Section 5.40.145, to read in its entirety as follows:
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5.40.145 Stopping, Standing, and Parking of Recreational Vehicles --Prohibited.
A. Definitions. For purposes of this Section, the following definitions shall apply
unless the context clearly indicates or requires a different meaning:
1. "Recreational Vehicle" or "RV" shall mean any vehicle or trailer which is
capable of human habitation or designed or used for recreational camping or
travel use, whether self-propelled or mounted on or drawn by another vehicle,
or any structure inspected, approved and designated as a recreational vehicle
by and bearing the insignia of the State of California or any other State or
Federal agency having the authority to approve recreational vehicles.
"Recreational vehicle" may include, without limitation, any of the following:
a "camp trailer", as defined by California Vehicle Code Section 242; a "fifth
wheel travel trailer", as defined by California Vehicle Code Section 324; a
"house car", as defined in California Vehicle Code Section 362; a "trailer" as
defined in California Vehicle Code Section 630; a "trailer coach", as defined
in California Vehicle Code Section 635; a mobile home, as defined by
California Vehicle Code Section 396; a boat, watercraft, and/or a trailer for a
boat or watercraft; a "park trailer" as defined in California Health & Safety
Code Section 18009.3; a "recreational vehicle" as defined in California Health
& Safety Code Section 18010; and a "truck camper" as defined in California
Health & Safety Code Section 18013.4.
2. "Resident" shall mean a person who customarily resides and maintains a place
of abode or who owns land within the City. It shall not mean a person who
maintains an address at a mailbox drop, or who rents a room which is not his
or her primary place of abode, nor shall it mean a person who maintains only a
post office box, unless that person also provides evidence of residence at a
street address within the City.
3. "Out-of-town visitor" shall mean any person who does not reside in the City
who is temporarily visiting as a guest of a resident of the City, and who has
applied for a Temporary RV Parking Permit.
B. Prohibitions.
1. Notwithstanding anything in Section 5.40.140 of this code to the contrary,
except as provided in Subsections C and D of this Section, no person shall
park, stop, or leave standing any Recreational Vehicle upon any public
highway or public right-of-way or public property within the city.
2. No person shall display a fraudulent, forged, altered, or counterfeit Temporary
RV Parking Permit or Permit number with the intent to avoid compliance with
this Section.
C. Exemptions. The prohibitions in this Section shall not apply to any of the
following:
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1. A Recreational Vehicle for which a Temporary RV Parking Permit has been
issued by the Parking Services Manager as provided in Subsection D;
2. A Recreational Vehicle parked, stopped, or left standing as a result of a
mechanical breakdown so as to allow the performance of emergency repairs
on the vehicle for a period not to exceed twenty-four (24) hours;
3. Any public emergency vehicle.
D. Temporary RV Parking Permits.
1. Temporary RV Parking Permits --Purpose. The purpose of authorizing the
issuance of Temporary RV Parking Permits is to give owners of Recreational
Vehicles the opportunity, for a limited time, to park the Recreational Vehicle
on a public street or highway directly in front of (or the side of the property if
it is a corner lot) their residence for purposes of loading and unloading, and to
allow an out-of-town visitor who owns a Recreational Vehicle to park on a
public street or highway directly in front of (or the side of the property if it is
a corner lot) the residence which the out-of-town visitor is visiting for a
limited time period, and to allow a Recreational Vehicle to be used on a
temporary basis for a community -serving event, or, in order to provide
flexibility in administration, as deemed appropriate by the Parking Services
Manager.
2. Temporary RV Parking Permits—Limitations.
a. A resident with a Temporary RV Parking Permit who parks, stops, or
leaves standing his/her Recreational Vehicle on a public street or highway
other than directly in front of (or the side of the property if it is a corner
lot) his/her residence will be subject to citation, towing, or both.
b. An out-of-town visitor with a Temporary RV Parking Permit who parks,
stops, or leaves standing his/her Recreational Vehicle on a public street or
highway other than directly in front of (or the side of the property if it is a
corner lot) the residence which the out-of-town visitor is visiting will be
subject to citation, towing, or both.
c. No person shall cause or permit any electrical, water, gas, telephone or
other utility connection from any property to a recreational vehicle parked,
stopped, or left standing on a public highway or street, including but not
limited to electrical cords, extension cords, hoses, or cables, to encroach
into any public right-of-way, including across or above any street or
sidewalk.
3. Temporary RV Parking Permits—Application and Issuance. The Parking
Services Manager or designee, is authorized to issue Temporary RV Parking
Permits, pursuant to the following:
a. Residents. Each resident desiring a Temporary RV Parking Permit shall
file with the Parking Services Department a completed City application
form, signed under penalty of perjury, containing the following:
i. The name, address, and phone number of the registered owner of
the designated Recreational Vehicle;
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ii. The name, address, and phone number of the applicant(s) for the
permit;
iii. Proof of residency. Acceptable proof of residency must be current
and must include a California Driver's License or California
Identification Card, and either a property tax bill or a public utility
bill;
iv. The registration from the California Department of Motor Vehicles
for the Recreational Vehicle or Trailer that shows the Recreational
Vehicle is registered in the City of San Rafael;
v. The license number, make, and model of the designated
Recreational Vehicle;
vi. The dates for which the permit is requested;
vii. Additional information the Parking Services Department may
require.
b. Out-of-town visitors. Each out-of-town visitor desiring a Temporary RV
Parking Permit shall file with the Parking Services Department a
completed City application form, signed under penalty of perjury,
containing the following:
i. The name, address, and phone number of the registered owner of
the designated Recreational Vehicle;
ii. The name, address, and phone number of the applicant(s) for the
permit;
iii. The registration from the California Department of Motor
Vehicles, or equivalent agency for another state, for the
Recreational Vehicle;
iv. The name, address, and phone number of the resident that is being
visited;
v. The license number, make, and model of the designated
Recreational Vehicle;
vi. The dates for which the permit is requested;
vii. Additional information the Parking Services Department may
require.
c. Community -serving uses and others. Each person or organization desiring
a Temporary RV Parking Permit shall file with the Parking Services
Department a completed City application form, signed under penalty of
perjury, containing the following:
viii. The name, address, and phone number of the registered owner of
the designated Recreational Vehicle;
ix. The name, address, and phone number of the applicant(s) for the
permit;
x. The registration from the California Department of Motor
Vehicles, or equivalent agency for another state, for the
Recreational Vehicle;
xi. The event or purpose for which the RV will be parked;
xii. The license number, make, and model of the designated
Recreational Vehicle;
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xiii. The dates for which the permit is requested;
xiv. Additional information the Parking Services Department may
require.
Temporary RV Parking Permits—Display. Temporary RV Parking Permits
issued and approved by the Parking Services Department shall include the
license plate number of the designated Recreational Vehicle, the date of
permit issuance, and the day of permit expiration.
a. Permits shall be displayed in the lower driver's side of the windshield or
nearest window of the Recreational Vehicle for which it has been issued
so that it is clearly visible from the exterior of the vehicle. Permits shall be
displayed on the side of the Recreational Vehicle for which it has been
issued so that it is visible from the street, which is usually the left side.
b. The Parking Services Manager or designee is authorized to set up a
Temporary RV Parking Permit call-in phone number or internet
processing system.
Temporary RV Parking Permits—Duration.
a. Residents. A Temporary RV Parking Permit issued to a resident shall be
valid for one (1) calendar day. An applicant may request no more than
three (3) consecutive Temporary RV Parking Permits (a total of three (3)
calendar days of parking) at one time. Upon expiration of the permit, the
applicant may apply for and be granted additional Temporary RV Parking
Permits if the applicant still qualifies under the conditions set forth in this
Section. In no event shall any person residence and/or designated
Recreational Vehicle be issued more than thirty-six (36) Temporary RV
Parking Permits for residents in any calendar year.
b. Out-of-town visitors. A Temporary RV Parking Permit issued to an out-
of-town visitor shall be valid for a period not to exceed eight (8) calendar
days. Upon expiration of the permit, the applicant may apply for and be
granted additional Temporary RV Parking Permits if the applicant still
qualifies under the conditions set forth in this Section. The Temporary RV
Parking Permit will be tied to the residence being visited. In no event
shall any person, residence and/or designated Recreational Vehicle be
issued more than twelve (12) Temporary RV Parking Permits for out-of-
town visitors in any calendar year.
c. Community -serving uses. A Temporary RV Parking Permit may be
issued for a temporary community -serving use, such as a blood drive or
mobile library stop, and shall be valid for a period not to exceed twelve
(12) hours. In no event shall any person or organization be issued more
than twelve (12) Temporary RV Parking Permits for community -serving
uses in any calendar year.
d. Other. The Parking Services Manager, in his or her discretion, may issue
Temporary RV Parking Permits for such other purposes and time periods,
and with such conditions, as he or she shall deem appropriate for the
promotion of the public health, safety or general welfare.
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E. Violations. Vehicles violating any provision of this Section may be cited and/or
immediately removed.
F. Signs. The Director of Public Works shall post streets signs giving notice of the
parking prohibitions herein at appropriate locations on any streets within the city,
including at the entrances and exits to the city. Such signs shall give notice that
vehicles violating this Section may be cited/and or towed at the owner's expense.
DIVISION 7: SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases be declared invalid.
DIVISION 8: PUBLICATION; EFFECTIVE DATE.
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the
Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after the adoption,
together with the names of the Councilmembers voting for or against same, in the Marin
Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for and against the Ordinance.
KATE COLIN, Vice -Mayor
ATTEST:
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. 1941 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on the 20th day of June, 2016, and was ordered passed to
print by the following vote, to wit:
AYES: Councilmembers: Gamblin, McCullough & Vice -Mayor Colin
NOES: Councilmembers: None
ABSENT: Councilmembers: Bushey and Mayor Phillips
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 5th day of July, 2016.
ESTHER C. BEIRNE, City Clerk
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