HomeMy WebLinkAboutOrdinance 1704 (Parking, Commercial Vehicles, Semi-Trailers)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio
Clerk of the Council of said City, do hereby certify that the foregoing Charter
Ordinance No. 1704 entitled:
'AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTION 5.40.140 OF
THE SAN RAFAEL MUNICIPAL CODE -- PARKING, COMMERCIAL VEHICLES AND
SEMI -TRAILERS'
is a true and correct copy of an Ordinance of said City and was introduced at a
REGULAR meeting of the City Council of the City of San Rafael, held on the 4th day
of NOVEMBER, 1996, published as required by City Charter in the MARIN INDEPENDENT
JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as
an Ordinance of said City at a REGULAR meeting of the City Council of said City held
on the 18th day of NOVEMBER, 1996, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
20th day of NOVEMBER, 1996.
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JEANNW'M- LEONCINI, �Cler
ORDINANCE NO. 1704
AN ORDINANCE OF THE CITY OF SAN RAFAEL
AMENDING SECTION 5.40.140 OF THE SAN RAFAEL
MUNICIPAL CODE -- PARKING, COMMERCIAL VEHICLES
AND SEMI -TRAILERS
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1.
Section 5.40.140 is hereby repealed and a new section 5.40.140
is hereby added to the San Rafael Municipal Code to read as
follows:
5.40.140 -- Parking, Commercial Vehicles and Trailers.
A. Residential Districts: No person shall park any
commercial vehicle of more than 10,000 lbs. unladen gross weight,
any trailer, semi -trailer, trailer coach, 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), parks/open space
district (Chapter 14.10), within the City.
B. Commercial/Office/Industrial Districts: No person shall
park any commercial vehicle of more than 10,000 lbs. unladen gross
weight, any trailer, semi -trailer, trailer coach, 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, between the hours of 7:00 A.M. and 7:00 P.M.,
Monday through Friday, 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.
C. Streets in Dual Districts: In circumstances where one
side of a section of a particular street is in a residential
district (as defined in A. above), and the other side of the same
street is in a commercial district (as defined in B. above) , the
following restrictions shall apply:
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1. No person shall park any vehicles as described in
subsections A. & B. above, on either side of the
street in a dual district, between the hours of
7:00 P.M. and 7:00 A.M.
2. No person shall park any vehicle as described in
subsections A. & B. above, on either side of the
street in a dual district for more than one hour,
between the hours of 7:00 A.M. and 7:00 P.M.
D. Loadina and Unloadina: Commercial vehicles, trailers,
semi -trailers, trailer coaches, 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 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.
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, shall not be permitted except pursuant
to subsection "E" herein.
E. Reauest for Exception:
1. The owner of a commercial vehicle of more than
10,000 pounds may apply for a permit to exceed the parking time
limits specified herein. The owner shall complete a parking permit
application provided by the Public Works Department, and shall pay
the appropriate permit fee. The permit fee shall be set in
accordance with procedures established by the City for rates,
charges, and fees. The exception permit shall be for a term of one
year, and shall be renewable.
2. Upon the submission of the completed application and
fee, the permit application shall be reviewed by the Director of
Public Works, who shall consider the following, non-exclusive
criteria:
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a. Site distances from intersections or driveways
that might be affected;
b. Traffic patterns and flows at the location;
C. Proximity to any residential district;
d. Nature of the operation or business of which
the vehicles are a part;
e. The location of the primary place of business
of the applicant in relation to the location for which exception is
sought;
f. Any other factor reasonably related to
commercial vehicle street parking which may affect the public
health, safety, or welfare.
3. After review, the Director shall determine whether
or not to issue the exception permit and, if granted, to impose any
appropriate conditions upon the permit. The Director shall notify,
in writing, the applicant, all owners of property abutting the
street for which the exception permit is sought, and the local
homeowners association, of his decision. An Exception permit shall
not become final until thirty days after the date this notice was
deposited in the mail.
4. Appeal. The applicant and/or any other affected party
may, within thirty days of the date notice was deposited in the
mail by the Director pursuant to section 3 above, appeal the grant
or denial of an exception permit to the City Council by presenting
to the Public Works Department, a written notice of appeal clearly
stating the grounds for the appeal. The Council shall hear the
appeal at a noticed public hearing and its decision shall be final.
The exception permit shall be stayed until the appeal is heard and
decided by the City Council.
5. Revocation. An exception permit can be revoked by the
Director for the following, non-exclusive reasons:
a. Violation of any condition placed upon the
exception permit;
b. A change in any of the circumstances listed in
section 2, above;
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c. Any facts demonstrating that the vehicle parking
permitted under the exception permit is detrimental to the public
health, safety and welfare.
A permittee, may within thirty days of the date notice of the
revocation was deposited in the mail by the Director, appeal the
revocation by presenting to the Public Works Department, a written
notice of appeal clearly stating the grounds for the appeal. The
appeal will be heard and decided in the same manner as specified in
section 4.
DIVISION 2.
This ordinance shall be published once in full before its final
passage in a newspaper of general circulation, published and
circulated in the City of San Rafael, and shall be in full force
and effect thirty (30) days after its final passage.
A '71 J . B , ayorr
ATTEST:
JE E M. �'C1INI, Cly Clerk
The foregoing Ordinance No. 1704 was read and introduced at a
Regular Meeting of the City Council of the City of San Rafael, held
on the 4th day of NOVEMBER , 1996, and ordered passed to
print by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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 18th
day of NOVEMBER , 1996.
(Revised 11/7/96)
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JEAN . LEONCINI, City Clerk