Westminster City Council
SUBJECT
Title
Introduce for First Reading an Ordinance Amending Section 10.44.050 and Adding Section 10.44.245 of the Westminster Municipal Code Relating to the Permit Requirement for the Parking of Recreational Vehicles.
End
publichearing
End
From: Traffic Commission Chairman Jimmy Pham
Requested by: Administration
Prepared by: Veronica Johnson, Management Analyst
____________________________________________________________
RECOMMENDED ACTION
Recommendation
Introduce an Ordinance entitled, “AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, AMENDING SECTION 10.44.050 (USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED), OF CHAPTER 10.44 (STOPPING, STANDING AND PARKING) TO TITLE 10 (VEHICLES AND TRAFFIC) AND ADDING SECTION 10.44.245 (RECREATIONAL VEHICLE PARKING - PERMIT REQUIRED) OF CHAPTER 10.44 (STOPPING, STANDING AND PARKING) TO TITLE 10 (VEHICLES AND TRAFFIC) OF THE WESTMINSTER MUNICIPAL CODE RELATING TO THE PERMIT REQUIREMENT FOR THE PARKING OF RECREATIONAL VEHICLES AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,” read by title only and waive further reading.
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BACKGROUND
Staff presented this item at the Traffic Commission meeting on June 27, 2024. The Traffic Engineering Division has received many complaints and requests to address Recreational Vehicles (RV) parking on city streets throughout the years. Particularly, for the past two decades, the city has struggled with quality-of-life issues related to enforcement of casino buses; heavy-duty vehicles such as semi-trucks, semi-trailers, and big rigs; and RVs. Many cities in Orange County have enacted laws restricting the parking of RVs on public streets. A growing number of owners of these vehicles are storing them long-term on city streets to avoid storage fees. A large number of these owners reside outside of the city. These large RVs impede visibility for cars, pedestrians, and bicyclists, and add to neighborhood blight. Parking these vehicles in city neighborhoods has negatively impacted the quality of life in the city for residents. There is particular concern for the safety of children playing around these vehicles.
In response to these complaints and concerns regarding RVs parked on city streets, the Traffic Engineering staff worked with the Westminster Police Department Traffic Bureau and the City Attorney’s Office to draft a reasonable and fair ordinance to reduce or eliminate the problem caused by these large vehicles stored on public streets by establishing a permit policy for RV parking on city streets. Efforts were made by staff to research and prepare draft regulations prior to COVID. However, due to the pandemic, priorities were shifted.
During the discussion to establish the RV permit policy, local cities were surveyed regarding their RV policies. The table below depicts the City of Westminster’s temporary parking terms compared to those of other local agencies in the area.
|
City/Agency |
Permit Duration (hour) |
Maximum Duration (hour) |
Number of Permits per Calendar Year |
|
Westminster |
24 |
24 |
36 |
|
Garden Grove |
72 |
72 |
12 |
|
Buena Park |
48 |
48 |
6 |
|
Huntington Beach |
24 |
72 |
144 (max # of days) |
|
Stanton |
72 |
72 |
12 |
|
Seal Beach |
24 |
72 |
6 |
Currently, the City of Westminster Municipal Code (WMC) Section 10.44.050(B) restricts the parking of RVs upon any street or alley for more than 24 consecutive hours. It is being proposed to amend this section to delete this and instead require owners of RVs to obtain a temporary parking permit from the Police Department.
Section 10.44.050(A) of the Westminster Municipal Code, which is a general prohibition on the storage of any motor or nonmotorized vehicles upon any public street or dedicated alley for a consecutive period of more than 72 hours, has been part of the Westminster Municipal Code for over 20 years. Although Section 10.44.050(A) will remain unchanged, Section 10.44.050(B) is being amended to prohibit RVs from parking on a public street, unless a temporary RV parking permit is obtained from the Police Department. Therefore, Section 10.44.050 is being added to establish the regulatory scheme for the issuance of these temporary RV parking permits. Section 10.44.245 adds definitions, which are taken directly from the California Vehicle Code, as well as the following regulations which are summarized as follows:
1. Permits are available to Westminster residents only. A resident must present government issued identification along, with either vehicle registration, or a recent utility bill to show proof of residency.
2. The Police Department may issue a temporary permit for recreational vehicles solely to allow residents the opportunity to load, unload, clean or maintain their RV.
3. The Police Department will establish an application process and the person applying for the temporary RV parking permit shall pay a fee to the City if determined so by the Mayor and City Council.
4. The term of the RV permit is for 24 hours only. Each resident may be issued no more than thirty-six (36) non-consecutive temporary parking permits in any calendar year per residential address, with at least one day in between each of the thirty-six (36) non-consecutive permits.
5. No more than one permit per address shall be issued at any given time.
6. The RV must be parked in front of the resident’s address from which the loading or unloading will occur, or within two-tenths of a mile from where the resident resides, whichever is closer.
7. The RV permit must be displayed in a manner clearly visible to the Police Department.
8. Display of a false RV parking permit constitutes grounds for disqualification from obtaining another permit for one year.
9. The RV parking permit is not transferable.
10. The permittee shall not park the RV within ten feet from the beginning of the apron of any driveway where the RV is parked. Nor shall the permittee park the RV within twenty feet of any intersection.
11. All RV permit holders shall comply with the City of Westminster street sweeping parking regulations.
RV prohibited activities are listed as follows:
1. Use slide outs/pop outs or opening an awning on an RV in such a manner as to interfere with safe travel of vehicles or pedestrians.
2. Cause or permit utility connections, electric cords, extension cords, hoses, or cables to cross over, above, on or across any street or sidewalk to or from an RV.
3. Use power generators or other noise-generating equipment between the hours of 10 p.m. and 7 a.m. within or adjacent to an RV.
4. Connect an RV to the public sewer system or dump waste onto public or private land or into streets, gutters, or storm drains.
5. Knowingly allow any type of grease, oil, fuel, or other harmful substance to leak or to be emitted onto any public right-of-way or storm drains.
6. Any RV parked in violation of this section shall be subject to citation or towing as authorized by California Vehicle Code sections 22650 or 22651. In addition, any violation of Section 10.44.245 is punishable pursuant to Chapter 1.14 of this Code.
7. The Police Department shall have the authority to revoke a temporary RV parking permit if: 1) the RV has fallen into a state of disrepair and has become a public nuisance; 2) the RV has become inoperable; 3) there have been at least three parking citations issued for the RV associated with temporary parking permit; or 4) there has been a violation of this Chapter.
The City will install appropriate signs or markings giving notice of the restrictions provided at every entrance to the City in the manner required by the California Vehicle Code.
The Commission questioned the need for permits for RV parking. Commander Drinnin clarified that surrounding cities all have a permit system. This has led to residents from other cities parking their RVs within the City of Westminster since we do not require a permit. By the time a complaint is received, the RV has been parked for some time or has moved to a new location within the City. Commander Drinnin added that there is not a large number of RV-owning residents requesting on-street parking as most have on-site parking available.
Discussion ensued regarding the number of parking permits being proposed per calendar year. Vice Chairperson Summers raised her concern in speaking with RV-owning neighbors regarding the number of permits being proposed. She stated that they were concerned that twelve per year would not be enough and proposed increasing the number of permits issued per year.
Vice Chairperson Summers proposed to approve amending Section 10.44.050 and adding Section 10.44.245 of the Westminster Municipal Code regarding Recreational Vehicles (RV) as presented with the modification of increasing the number of permits from twelve (12) to thirty-six (36) per year; seconded by Commissioner K. Nguyen.
The motion was carried by a 3-0 vote with Commissioner Ngo and Commissioner A. Nguyen absent.
FISCAL IMPACT
Fiscal impact is limited to the posting of signs on city streets to provide notice of this new recreational vehicle parking ordinance pursuant to California Vehicle Code Section 22507. Currently, no fees are being proposed for the issuance of the permits in accordance with surrounding agencies.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
It is recommended the City Council adopt this ordinance amending Section 10.44.050 and adding Section 10.44.245 of the Westminster Municipal Code establishing a comprehensive permit scheme for the parking of recreational vehicles.
ATTACHMENTS
1. Proposed Ordinance
2. Traffic Commission Report dated June 27, 2024
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager