HomeMy WebLinkAboutITEM III-ACITY OF -J
AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Ordinance 6275
Date: April 28, 2010
Department:
Attachments:
Budget Impact:
Public Works
Ordinance No. 6275
$ 0
Administrative Recommendation: Adopt Ordinance No. 6275
Background
Parking on landscape (parking) strips was initially brought to the City's attention by residents who
requested the City evaluate the restriction of parking on landscape strips where there is insufficient on-
street parking available due to the narrow width of the roadway. As a result, the City Council asked staff
to look into this and see if the City's parking laws could potentially be amended to allow residents to park
on landscape strips within the right-of-way without being cited for a parking violation.
In November of 2008 the City Council Adopted Ordinance No. 6211 which temporarily allowed parking on
landscape strips on an interim basis. This ordinance specified that during the interim period staff would
evaluate the feasibility of parking on landscape strips, take any public comments, and return to the PWC
with a recommendation.
Staff Recommendation
Upon receipt of public input, discussions at several Public Works Committee meetings and analyzing both
the positive and negative impacts of allowing parking on landscape strips Staff recommends that parking
be allowed on landscape strips in the City where the landscape strip is 8 feet or greater in width between
the edge of pavement and the sidewalk or the edge of right-of-way if there is no sidewalk, is adjacent to a
mountable curb, and is subject to new maintenance requirements contained in Section 10.36.215 ACC.
In addition, to help address parking concerns in these types of neighborhoods where there are narrow
roadways, on-street parking may be provided on one side of the street on a case-by-case basis where
feasible. The feasibility of on-street parking will include consideration of traffic engineering and
emergency access requirements.
W0503-5
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: Dowdy
Meeting Date: : May 3, 2010
Item Number:
*moRE THAN YQLJ IMAGINED
AuBt
ORDINANCE NO. 6 2 75
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTION
10.36.270 OF THE AUBURN CITY CODE, RELATING TO
STOPPING, STANDING, AND PARKING
WHEREAS, the Auburn City Code includes public safety regulations which
address traffic and parking regulations enforceable within the City; and
WHEREAS, the current provisions of the City Code define parking in terms of the
types of streets to which regulations apply and enforcement alternatives; and
WHEREAS, it is the goal of the City of Auburn to ensure adequate off-street
parking is available, mitigate stormwater run-off, provide safe pedestrian routes, ensure
adequate emergency vehicle access and diminish sight distance limitations while taking
into account the property's use and the visual/aesthetic characteristics of the affected
street(s) and the community at large; and
WHEREAS, in November of 2008 the City Council Adopted Ordinance No. 6211
which temporarily allowed parking on landscape strips on an interim basis; and
WHEREAS, the intent of this interim measure was to determine if parking is
feasible on landscape strips and if so are there specific requirements that shall be met
to continue this practice; and
WHEREAS, upon analyzing both the positive and negative impacts of allowing
parking on planter strips, the City Council has determined it is not supportable to allow
parking on landscape strips in most cases, unless the landscape strip is 8 feet or
greater in width and includes a mountable curb, and if specific standards regarding the
Ordinance No. 6275
May 3, 2010
Page 1 of 7
use and maintenance of said landscape strips are followed long term so as to protect
the health, safety, and general welfare of the citizens of Auburn.
WHEREAS, a review of the parking regulations indicates it necessary to amend
those regulations to clarify definitions and regulatory provisions, including parking
regulations on landscape strips.
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 is amended to read as follows:
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. "Landscape Strip" means that portion of street lyinq between the
constructed curb and edge of the right-of-way, exclusive of any sidewalk or
pedestrian .path....
.5. "Median lane" means a speed change lane within the median to
accommodate left turning vehicles.
6. "Mountable curb" is a curb designed so vehicles can cross them
readily when the need arises. Mountable curbs are low with sloping faces and
are typically combined with a putter.
Ordinance No. 6275
May 3, 2010
Page 2 of 7
'5 7 . 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.
68. "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.
8..9. "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.
10 "Recreational vehicle" means a vehicular-type unit primarily
designed for recreational camping or recreational travel use that (a) has its own
motive power, or (b) is mounted on, or (c) is towed by another vehicle, whether
attached or unattached to a towing vehicle.
11. "Residential neighborhood" means an area where the majority of
property in the vicinity is used for residential purposes and/or is zoned for
residential uses in the city.
12. '.'Shoulder"...means that....port on of..the roadway conti.quous with the
traveled way for accommodating stopped vehicles, for emergency use, and for
lateral support of base and surface courses.
13 "Street" means and includes streets, avenues, ways, boulevards,
drives, highways and all places, except private alleys, open to the public for the
use of vehicles. Street also means unpaved areas within the right of way.
14. "Traffic Island" shall mean a curbed area in a roadway from which
traffic is excluded.
15. "Traffic lane" means the portion of the traveled way for the
movement of a single line of vehicles.
16. "Traveled way" means the portion of roadway for the movement of
vehicles, exclusive of shoulder.
17. "Vertical or Barrier curb" shall mean a curb with a vertical or nearly
y.ertical face intended to discourage vehicles form lea .J.0P the roadway..
(Ord. 6247 § 1, 2009, Ord. 6222 § 1, 2009; Ord. 6211 § 1, 2008; Ord. 5684 § 1,
2002; Ord. 5212 § 1 (Exh. F), 1999; 1957 code § 9.22.010.)
Section 2. Amendment to City Code. That Section 10.36.270 of the Auburn
City Code is amended to read as follows:
10.36.270 Prohibited parking places.
A. 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, 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:
1. Within an intersection area;
2. Within 20 feet of an uncontrolled intersection;
Ordinance No. 6275
May 3, 2010
Page 3 of 7
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;
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 landscape strip. However,
parkinq shall be permitted on landscape strips subject to the maintenance
requirements contained in Section 10.36.215 ACC, and where the landscape
strip is 8 feet or qreater in width between the curb and the sidewalk or the edqe
of ri ht of wa if there is no sidewalk the ad acent curb is mountable and the
parked vehicle does not obstruct the use of the traveled way or 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 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;
Ordinance No. 6275
May 3, 2010
Page 4 of 7
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;
28. Adjacent to a traffic island.
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.
D. Violation - Penalty. Any person who violates this section has
committed an infraction and, except for those subsections set forth in Table 270-
1 below, shall pay a fine of $30.00 within 15 days from the date of issuance of a
notice of violation or of $40.00 if paid after the fifteenth day from issuance of the
notice.
Any person who violates any of the subsections listed in Table 270-1 shall
pay a fine as set forth in that table.
Table 270-1
Subsection
If paid within
If paid after
15 days
15th day
10.36.270(1)
$40.00
$50.00
10.36.270(2)
$40.00
$50.00
10.36.270(3)
$40.00
$50.00
10.36.270(7)
$50.00
$60.00
10.36.270(8)
$50.00
$60.00
10.36.270(10)
$40.00
$50.00
10.36.270(16)
$50.00
$60.00
10.36.270(17)
$50.00
$60.00
Ordinance No. 6275
May 3, 2010
Page 5 of 7
Section 3. Amendment to City Code. That a new section be added to the Auburn
City Code to read as follows:
10.36.215 Responsibility and duty to maintain, repair and construct landscape
strips w . . . . . . . here park . . inq is per . . . . . . . . . . m . . . . . . . . . . . . . . . . . . . . . . . . . . . itted.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A. It shall be the responsibility and duty of...the...abuttinro property... owner. to
maintain, repair and construct adjacent landscape strips in an attractive and safe
manner when utilized for parkinq motorized vehicles as follows:
1. When any landscape strip permitted under Section 10.36.270(10) ACC is
permitted to be utilized for parkinq the duty, burden, and expense of the maintenance
and qeneral upkeep of such landscape strip shall be the responsibility of the owner of
the private property directly abutting the landscape strip.
2. The parkinq area associated with a landscape strip shall be free of
conflicts with utilities, fire hydrants, and Iandscapinq as determined by the City
Engineer, and notwithstanding and in addition to any other provisions, no parkinq shall
be permitted on any landscape strip within fifteen (15) feet of a fire hydrant, street tree
or driveway cut.
3. A parked vehicle shall not obstruct the traveled way of the street, the
sidewalk, or any other pedestrian pathways and be located in a way that does not
impede sight distance for other vehicles or pedestrians from exiting or entering
driveways or side streets.
4 The owner shall not allow anymaterial to be tracked onto the Citv streetl
such as mud, gravel, or other debris.
5. For construction of any new landscape strips, or re-construction of existing'
landscape strips allowed for parkinq, the owner of the private property directly abutting
the landscape strip shall utilize a surface material that allows stormwater to be
absorbed, filtered, and cleaned before discharging' to the groundwater. As determined
by the City Engineer materials such as; brick, interlocking pavers, .grassblock, _turfblock,
gravel, or porous concrete/asphalt/pavement are acceptable materials.
6. The provisions hereof may be enforced by the City's Police Department
for parkinq violations or other criminal violations or traffic infractions, or by the City's
Code Enforcement officers for compliance with maintenance and re air requirements,
or either the Police and Code Enforcement departments, jointly or separately, where
appropriate.
B. The above duties and responsibilities shall continue so long as the
landscape strip is able to be used for parkinq in compliance with City standards,
Provided that the property owner may request in writing of the City Engineer that the
landsca a strip abutting his or her ro erty no longer be used for parkinq. The City
Engineer shall evaluate any such request and determine what measures the property
owner must take to restore the landscape strip to a functional landscape area to
removed it from availability for parkinq. The City Engineer shall also be authorized to
evaluate any other steps appropriate for such transition.
Ordinance No. 6275
May 3, 2010
Page 6 of 7
Section 3. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 4. 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 5. 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.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
ATTEST:
PETER B. LEWIS
MAYOR
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6275
May 3, 2010
Page 7 of 7