Item Coversheet

REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS


BOARD MEETING DATE:  May  2, 2017
CATEGORY:  Consent - General Government-3.

SUBJECT:

Parking Ordinance


DEPARTMENT: Clerk of the Board

Supervisorial District No. :  2

DEPARTMENT CONTACT:  Camile Woodstrom, Deputy Clerk of the Board, (530) 225-5550

STAFF REPORT APPROVED BY:  Julie Hope, Principal Administrative Analyst

Vote Required?

Simple Majority Vote
General Fund Impact?

No General Fund Impact 

RECOMMENDATION

As introduced April 18, 2017, enact an ordinance amending County of Shasta Ordinance No. 462 to: (1) Prohibit parking for all vehicles except commercial vehicles having a manufacturer’s gross vehicle weight of 11,500 pounds or more on an unnamed road (3H003) along State Route 273 near Happy Valley Road; and (2) update its enforcement provisions.

SUMMARY

An amendment to Ordinance 462 is proposed to limit parking along a frontage road near State Route 273 and to update its enforcement provisions.

DISCUSSION

The County maintains an unnamed frontage road (3H003) from its intersection with County Road 2G02 (Happy Valley Road) to .23 miles south to its intersection with State Highway 273 (the "Subject Road").  Concerns have been reported about the parking of vehicles (other than commercial vehicles with a manufacturer’s gross vehicle weight of 11,500 pounds or more) on the Subject Road and the associated County right of way.  The concerns relate to the creation of potential adverse health, sanitary, environmental, and safety impacts as a result of the parking of such vehicles on the Subject Road and the associated County right of way for the use of camping and vending.  For example, street vendors and their customers block shoulders and spill into the roadway.  These congested conditions create public health and safety issues. This ordinance is necessary to promote the public health and safety as a means to mitigate these potential adverse impacts within the Subject Road and the associated County right of way. Commercial vehicles with a manufacturer's gross vehicle weight of 11,500 pounds or more routinely park overnight along the road.  Local truck drivers pull off the highway and walk to their homes nearby.  Commercial truck parking sites are scarce and the site is well suited to this use.  The road is in a Commercial-Light Industrial (C-M) Zoning District, along a state highway with dense residential nearby.  Concerns, similar to those mentioned above, have not been expressed in connection with the parking of these commercial vehicles. The Department recommends that large commercial vehicle parking continue to be allowed. The proposed ordinance also serves to update the enforcement provisions of the no parking restrictions in the unincorporated area.  Pursuant to Vehicle Code section 40200, Tyler v. County of Alameda, 34 Cal. App. 4th 777 (1995), and U.S. v. Choudhry, 461 F.3d 1097 (9th Cir. 2006), “Legislative intent, California court decisions, and the interpretation of the California Attorney General all confirm that parking violations are no longer . . . treated as infractions within the criminal justice system, instead, they are treated as civil offenses subject to civil penalties and administrative enforcement.”  The proposed ordinance includes procedures and civil penalties designed to comply with these legal provisions. The proposed civil penalties are consistent with the civil penalties currently imposed for unlawful parking at the Shasta County Administration Parking structure and surrounding areas.

ALTERNATIVES

The Board may decline to change the existing parking regulations. This is not recommended given the public health and safety concerns as explained.  The Board may elect to also prohibit commercial truck parking along the Subject Road. Local commercial truck drivers would be impacted.

OTHER AGENCY INVOLVEMENT

The ordinance has been approved by County Counsel as to form. The recommendation has been reviewed by the County Administrative Office.

FINANCING

Sufficient funds to administer the County road system were included in the Adopted 2016/17 Roads budget.  There is no General Fund impact.


ATTACHMENTS:
DescriptionUpload DateDescription
Ordinance Amending No Parking Zones3/30/2017Ordinance Amending No Parking Zones