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HomeMy WebLinkAboutITEM VIII-A-4 UJqJPA CITY OF AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: Ordinance No. 6211 November 12, 2008 Department: Attachments: Budget Impact: Public Works Ordinance No. 6211 $ 0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6211. Background Summary: Ordinance 6211 authorizes a 5 month temporary period of time to test allowing residential parking in non- paved right of way areas that are greater than 8 feet in width within the area normally designated as the "landscape strip" in a manner that would not obstruct the traveled way or pedestrian thoroughfare on sidewalks or pedestrian paths. This issue came up from neighborhood meetings where residents have requested that the City evaluate lifting the prohibition of parking on landscape strips. There are many places in established residential areas where the paved portion of the public Right of Way is only wide enough for two lanes of traffic, leaving no paved areas for parking. Staff recommends that the test be conducted during the fall/winter season to ensure that the valley soils would support this long-term practice when soils are in a saturated condition. During the test period, staff will review areas where gravel is used between the edges of pavement and the sidewalk, or property line by residents and other issues that may arise. After the test period, the parking code changes would sunset unless further extended or amended by action of City Council. This Ordinance would be applicable only to local public streets within Residential Zones. W1117-10 01.2 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ? Arts Commission COUNCIL COMMITTEES: ? Building ? M&O ? Airport ? Finance ? Cemetery ? Mayor ? Hearing Examiner ? Municipal Serv. ? Finance ? Parks ? Human Services ® Planning & CD ? Fire ? Planning ? Park Board ®Public Works ® Legal ® Police ? Planning Comm. ? Other ® Public Works ? Human Resources Action: Committee Approval: ?Yes ?No Council Approval: ?Yes ?No Call for Public Hearing Referred to Until Tabled Until Councilmember: Wagner Staff: Dowd Meeting Date: November 17, 2008 Item Number: VIII.A.4 AUBURN * MORE THAN YOU IMAGINED ORDINANCE NO. 6 2 1 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 10.36.020, 10.36.160, 10.36.170, 10.36.240, AND 10.36.270 OF THE AUBURN CITY CODE RELATING TO PARKING IN RESIDENTIAL ZONES WHEREAS, in certain residential neighborhoods of the City, the public rights-of-way are wide enough to allow for both two-way traffic and for vehicle parking within the right-of-way, but the paved streets within those rights-of-way are only wide enough to accommodate two-way vehicle traffic; and WHEREAS, the Auburn City Code does not allow vehicle parking on unimproved portions of the right-of-way; and WHEREAS, this restriction effectively eliminates all on-street parking within those neighborhoods, creating a hardship for the residents of those neighborhoods; and WHEREAS, the City is investigating the options to provide a permanent solution to this parking problem; and WHEREAS, the City Council wishes to provide temporary relief to the residents of the affected neighborhoods while the City investigates a permanent solution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That Section 10.36.020 of the Auburn City Code be and the same hereby is amended to read as follows: Ordinance No. 6211 November 6, 2008 Page 1 of 9 10.36.020 Definitions. A. The definition of words and phrases contained in RCW 46.04.010 through 46.04.700, except 46.04.150 and 46.04.355, adopted by reference in Chapter 10.04 ACC, shall, for the purpose of this chapter, have the same meanings ascribed to the words and phrases therein. B. The following words and phrases, when used in this chapter, shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section, unless where used the context thereof clearly indicates to the contrary: 1. "Bicycle lane" means the portion of the travel way for the movement of bicycles. 2. "Commercial loading zone" means a designated portion of the street along the curb reserved for use in loading and unloading commodities, merchandise, produce, freight or animals by commercial vehicles only. 3. "Individual parking space" means a portion of the paved section of the street, of sufficient length and depth from the sidewalk curb to accommodate a vehicle to be parked, as shall be specified and marked off by the street division of the city. 4. "Median lane" means a speed change lane within the median to accommodate left turning vehicles. 5. "Nonmetered parking zones" means portions of streets described and established by the city council as zones within which the parking of vehicles shall be controlled, regulated and inspected by the parking enforcement personnel of the city. 6. "Parking" means the standing of a vehicle upon a street, whether such vehicle is occupied or not, and whether such vehicle is accompanied or not, by an operator, for a period of time in excess of two minutes. 7. "Passenger loading zone" means a designated portion of the street along the curb reserved for use in loading and unloading passengers by passenger vehicles only. 8. "Planting Strip" means, for streets with curb and gutter, the area between the curb and the adjoining property line, exclusive of any sidewalk or pedestrian trail present. For streets with a rolled curb or no curb, Planting Strip means the area between the edge of pavement and any sidewalk or pedestrian trail present or if no such sidewalk or trail is present, the Ordinance No. 6211 November 6, 2008 Page 2 of 9 area between the edge of the pavement and the adjoining property line. 99. _"Street" means and includes streets, avenues, ways, boulevards, drives, highways and all places, except alleys, open to the public for the use of vehicles. 10-9. _"Traffic lane" means the portion of the traveled way for the movement of a single line of vehicles. 1140. _"Traveled way" means the portion of roadway for the movement of vehicles, exclusive of shoulder. (Ord. 5684 § 1, 2002; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.010.) Section 2. Amendment to City Code. That Section 10.36.160 of the Auburn City Code be and the same hereby is amended to read as follows: 10.36.160 Angle parking - One side of street - Minimum pavement width. Except as set forth in ACC 10.36.270, fit is unlawful to park or angle park a vehicle on more than one side of any street or avenue on which the width of the pavement is 25 feet or less between the curbs. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.090(E).) Section 3. Amendment to City Code. That Section 10.36.170 of the Auburn City Code be and the same hereby is amended to read as follows: 10.36.170 Angle parking - Minimum pavement width. Except as set forth in ACC 10.36.270, tit is unlawful to park or angle park a vehicle on either side of a roadway 20 feet or less in width. (Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.090(F).) Section 4. Amendment to City Code. That Section 10.36.240 of the Auburn City Code be and the same hereby is amended to read as follows: 10.36.240 Parking method generally. Unless other parking requirements are specifically set forth elsewhere in the Auburn City code, the following shall apply to all vehicle parking within the City. A vehicle parked on a one-way street shall be headed in the direction designated by traffic signs for such street and when parked parallel shall be parked with the vehicle wheels parallel to and within 12 inches of the curb or edge of the roadway, and further, when a vehicle is parked upon a two-way roadway, it shall be stopped or parked with the right-hand wheels parallel to and within 12 inches of the right-hand curb or Ordinance No. 6211 November 6, 2008 Page 3 of 9 edge of the roadway; provided, however, if the roadway is marked for right angle parking, the right front wheel of such vehicle shall be next to the curb or edge of the roadway; and, provided further, that if the roadway is marked for left angle parking, the left front wheel of such vehicle shall be next to the curb or edge of the roadway. In every event this section shall be interpreted so as to require vehicles parked upon the public right-of- way to be parked consistent with the required flow of traffic and facing in the same direction as the flow of traffic for the side of the street where parked. (Ord. 6129 § 2, 2007; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.140(r).) Section 5. Amendment to City Code. That effective until April 30, 2009, unless otherwise modified by Ordinance, Section 10.36.270 of the Auburn City Code be and the same hereby is amended to read as follows: 10.36.270 Prohibited parking places. A. It is unlawful for the operator of a vehicle to stop, stand, park or angle park such vehicle in or on any of the following places except when necessary to avoid conflict with other traffic or to comply with other provisions of this code or with the direction of a police officer or traffic-control sign or signal: 1. Within an intersection area; 2. Within 20 feet of an uncontrolled intersection; 3. Within 30 feet of an intersection controlled by a stop sign, yield sign, or traffic-control signal; 4. On a crosswalk or within 20 feet of a crosswalk, whether marked or unmarked; 5. In front of or within 50 feet of the driveway entrance to any fire or police station or within any marked area contiguous to such driveway, when properly signed; 6. In front of or within a fire or emergency service access or an area signed for other safety access purposes; 7. In front of or within 15 feet of a fire hydrant; 8. Within any space marked as a fire lane; 9. In front of a public or private driveway, or within five feet of the end of the curb radius leading thereto; 10. On a sidewalk, pedestrian path, or aandseaffe-planting strip;, Provided that parking is allowed on plantinq strips within the residential zones of the City where the planting strip is greater than 8 feet in width between the edge of pavement and the sidewalk and the parked vehicle does not obstruct the traveled way or the sidewalk; ---------------------------- Ordinance No. 6211 November 6, 2008 Page 4 of 9 11. Alongside or opposite any street excavation or obstruction when such stopping, parking or angle parking would obstruct traffic; 12. In any alley, except that trucks or delivery vehicles may park or angle park in alleys for such time, not in excess of 30 minutes, as may be necessary for the expeditious loading or unloading of such vehicles or the delivery or pickup of articles or materials, unless otherwise restricted by this chapter; 13. Upon any bridge, overpass, underpass, trestle, or approaches thereto; 14. On that portion of any street contiguous to and opposite any outside court, corridor, passage, fire escape, exit or entrance door or any other place adjacent to, or any door opening in any outer wall of any building containing, in whole or in part, any theater, public auditorium, church, dance hall or other place of public assembly through which the public must pass to leave such building, while such building is being utilized for public gatherings; and it shall be incumbent upon and the duty of the owner or agent of the property used for the purpose herein specified to designate such prohibited areas by the placement of stanchions or signs or curb markings of the form and type satisfactory to the city engineer; 15. On the roadway side of any vehicle stopped or parked at the edge or curb of a street; 16. At any place where official traffic signs have been erected at the direction of the city engineer prohibiting parking and/or angle parking, either at all times or at such times as are indicated upon signage giving notice thereof; 17. Outside of the limits of the individual parking spaces (stalls) designated for vehicular on-street parking; 18. Within 30 feet of the nearest rail of a railroad crossing; 19. At any place where all official signs prohibit stopping; 20. Within traffic lanes that are less than 18 feet wide on arterial and collector roadways, as designated in the comprehensive transportation plan, except when authorized by sign; 21. Within median lanes in the traveled way; 22. Within roadway shoulders that are less than eight feet wide; 23. Within marked bicycle lanes; Ordinance No. 6211 November 6, 2008 Page 5 of 9 24. Upon any street or public way for the principal purposes of displaying the vehicles for sale or for advertising services for vehicles; or 25. Upon any street or public way for the purpose of doing any work on, maintaining or repairing any vehicle except for repairs necessitated by an emergency. 26. Within any street side drainage ditch or drainage swale; 27. Where prohibited by signage. B. No person shall move a vehicle not owned by him into any such prohibited area or away from a curb such distance as is unlawful. C. If any person wishes a different parking restriction sign placement or a different time parameter for any parking restrictions under this section, said person may forward such request to the city engineer, the mayor, the city council public works committee, or the full city council; provided, that the opportunity to request such change does not create a right to such change, and the ultimate decision on such request shall be with the city engineer, then the mayor, then the city council public works committee, and then the full city council. (Ord. 6129 § 4, 2007; Ord. 6082 § 1, 2007; Ord. 5684 § 1, 2002; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.140.) Section 6. Amendment to City Code. That effective on April 30, 2009, unless otherwise modified by Ordinance, Section 10.36.270 of the Auburn City Code be and the same hereby is amended to read as follows: 10.36.270 Prohibited parking places. A. It is unlawful for the operator of a vehicle to stop, stand, park or angle park such vehicle in or on any of the following places except when necessary to avoid conflict with other traffic or to comply with other provisions of this code or with the direction of a police officer or traffic-control sign or signal: 1. Within an intersection area; 2. Within 20 feet of an uncontrolled intersection; 3. Within 30 feet of an intersection controlled by a stop sign, yield sign, or traffic-control signal; 4. On a crosswalk or within 20 feet of a crosswalk, whether marked or unmarked; Ordinance No. 6211 November 6, 2008 Page 6 of 9 5. In front of or within 50 feet of the driveway entrance to any fire or police station or within any marked area contiguous to such driveway, when properly signed; 6. In front of or within a fire or emergency service access or an area signed for other safety access purposes; 7. In front of or within 15 feet of a fire hydrant; 8. Within any space marked as a fire lane; 9. In front of a public or private driveway, or within five feet of the end of the curb radius leading thereto; 10. On a sidewalk, pedestrian path, or planting strip; PFouided residential zones of the f it where the planting stRPI gFeater than 8 feet in width between the edg f . lent and the s*dewalk, aRd the parked vehiGle does Rot obstruG the traveled way or the sidewalk; 11. Alongside or opposite any street excavation or obstruction when such stopping, parking or angle parking would obstruct traffic; 12. In any alley, except that trucks or delivery vehicles may park or angle park in alleys for such time, not in excess of 30 minutes, as may be necessary for the expeditious loading or unloading of such vehicles or the delivery or pickup of articles or materials, unless otherwise restricted by this chapter; 13. Upon any bridge, overpass, underpass, trestle, or approaches thereto; 14. On that portion of any street contiguous to and opposite any outside court, corridor, passage, fire escape, exit or entrance door or any other place adjacent to, or any door opening in any outer wall of any building containing, in whole or in part, any theater, public auditorium, church, dance hall or other place of public assembly through which the public must pass to leave such building, while such building is being utilized for public gatherings; and it shall be incumbent upon and the duty of the owner or agent of the property used for the purpose herein specified to designate such prohibited areas by the placement of stanchions or signs or curb markings of the form and type satisfactory to the city engineer; 15. On the roadway side of any vehicle stopped or parked at the edge or curb of a street; 16. At any place where official traffic signs have been erected at the direction of the city engineer prohibiting parking and/or angle parking, either at all times or at ---------------------------- Ordinance No. 6211 November 6, 2008 Page 7 of 9 such times as are indicated upon signage giving notice thereof; 17. Outside of the limits of the individual parking spaces (stalls) designated for vehicular on-street parking; 18. Within 30 feet of the nearest rail of a railroad crossing; 19. At any place where all official signs prohibit stopping; 20. Within traffic lanes that are less than 18 feet wide on arterial and collector roadways, as designated in the comprehensive transportation plan, except when authorized by sign; 21. Within median lanes in the traveled way; 22. Within roadway shoulders that are less than eight feet wide; 23. Within marked bicycle lanes; 24. Upon any street or public way for the principal purposes of displaying the vehicles for sale or for advertising services for vehicles; or 25. Upon any street or public way for the purpose of doing any work on, maintaining or repairing any vehicle except for repairs necessitated by an emergency. 26. Within any street side drainage ditch or drainage swale; 27. Where prohibited by signage. B. No person shall move a vehicle not owned by him into any such prohibited area or away from a curb such distance as is unlawful. C. If any person wishes a different parking restriction sign placement or a different time parameter for any parking restrictions under this section, said person may forward such request to the city engineer, the mayor, the city council public works committee, or the full city council; provided, that the opportunity to request such change does not create a right to such change, and the ultimate decision on such request shall be with the city engineer, then the mayor, then the city council public works committee, and then the full city council. (Ord. 6129 § 4, 2007; Ord. 6082 § 1, 2007; Ord. 5684 § 1, 2002; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.140.) Section 7. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 6211 November 6, 2008 Page 8of9 Section 8. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 9. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law, and as indicated herein. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APP ED AS-TO FORM: 0 b-adiel B. H ' ?- City Attorney Published: Ordinance No. 6211 November 6, 2008 Page 9 of 9