TITLE
Adopt resolution directing the Director of Public Works to submit a request to the California Coastal Commission to certify an amendment to the certified Local Coastal Program; and
Find that the proposed action is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15061(b)(3) (General Rule). (Citywide)
DISCUSSION
This office has prepared and now submits for your consideration the attach amendments to Long Beach Municipal Code Section 10.24.078 et seq., prohibiting parking of an oversized vehicle, as defined, on residential streets in the City of Long Beach, without a valid permit issued by the Department of Public Works, Traffic Engineering division. Residents and their sponsored visitors would be able to park oversized vehicles registered to them adjacent to their residences for a maximum of seventy-two (72) consecutive hours. An annual maximum of twenty (20) oversized vehicle permits could be issued to a resident.
Pursuant to Council motion on June 11, 2017, the following exceptions to the oversized vehicle permit requirement have also been included:
• Exceptions to the 72-hour parking limit and the 20-permit annual maximum may be requested in writing from the Traffic Engineer upon a showing of good cause. Applicants will be required to show proof of a current, valid rental or other agreement for storage of the applicant's oversized vehicle.
• An exception may be requested in writing from the City Traffic Engineer if an oversized vehicle otherwise prohibited by Section 10.24.080 is used on a daily basis and on-premises parking is not reasonably available. A permit issued based on this finding shall not be valid for longer than six months.
• The request to place an item on the Planning Commission agenda to allow oversized vehicles to be parked outside of an enclosure will be handled separately.
Disability Exemption
Since the June 11, 2017 Council hearing on this item, an issue was raised by disabled residents whose primary means of transportation is their oversized vehicle. In consultation with the City's disability coordinator, it was determined to be necessary to include in the ordinance amendment an exemption to provide a reasonable accommodation for disabled residents. The proposed language would allow the issuance of a permit for residents to park an oversized vehicle adjacent to their residence upon proof to the City Traffic Engineer of the following circumstances:
• They own or lawfully possess an oversized vehicle, which is used as their primary means of transportation;
• They are permanent resident(s) of the City of Long Beach;
• They possess a valid, distinguishing disabled placard or license plate properly issued pursuant to the California Vehicle Code; and
• They can demonstrate that by reason of the disability which warranted issuance of their California distinguishing placard or license plate, the oversized vehicle is specially equipped and necessary to accommodate the disability of the person seeking the permit so that a reasonable modification to the City's on-street parking regulations is warranted under state and federal law.
The permit will allow parking where the applicant resides, at a facility at which the applicant receives services, or at the applicant's place of employment. The Oversized Vehicle Disability Parking Permit provides an exception to the oversized vehicle parking prohibition only. All other parking restrictions apply, including but not limited to the 72-hour parking restriction and posted street cleaning closures.
Coastal Commission Approval
It is recommended that the City Council adopt the attached draft ordinance and adopt a Resolution directing the Department of Public Works to submit this ordinance amendment to the California Coastal Commission for a Local Coastal Program (LCP) Amendment.
California Environmental Quality Act ("CEQA") Determination.
In adopting the ordinance and resolution, it is recommended that the City Council make a finding that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14, California Code of Regulations Section 15061 (b)(3), in that it can be seen with certainty that the adoption of the amendments to the Long Beach Municipal Code propose no activity that may have a significant effect on the environment and will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
SUGGESTED ACTION
Approve recommendation.
BODY
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Respectfully Submitted,
CHARLES PARKING
CITY ATTORNEY
BY:
AMY R. WEBBER
DEPUTY CITY ATTORNEY