To: Honorable Mayor and Members of City Council
From: Steve Potter, City Manager
Prepared By: Molly Rattigan, Deputy City Manager; Chris Pacheco, Lieutenant; and Tony Valadez, Code Compliance Manager
TITLE:
Title
Amendment of Napa Municipal Code Section 10.36.070-Trailers and Oversized Vehicle Regulations
LABEL
RECOMMENDED ACTION:
Recommendation
Approve the first reading and introduction of an ordinance amending Napa Municipal Code Section 10.36.070 related to parking of trailers and oversized vehicles and determining the action to be exempt from CEQA.
Body
DISCUSSION:
Background
Napa Municipal Code Section 10.36.070 pertains to the parking of oversized vehicles on City streets, alleys, and other rights-of-ways. This section of the code has not been updated since 1954 which means that the code lacks modern day definitions, and has not evolved as vehicle makes and models, and sizes have changed since the code was last adopted.
City staff have received an increasing number of complaints related to the parking of oversized vehicles on City streets, particularly in residential areas. The nature of the complaints generally relates to the parking of recreational vehicles, food trucks not in operations, and oversized commercial vehicles being parked adjacent to residential parcels and thus limiting parking for those that live at or visit these properties. An increase of complaints has also been received in commercial and industrial areas where large vehicles tend to accumulate on city streets causing significant visibility issues and safety concerns to drivers and pedestrians.
Parking standards have changed since 1954, particularly as it relates to meeting housing production goals through State incentives designed to increase housing density which can sometimes allow concessions related to on-site parking standards. When oversized vehicles are parked on city streets, multiple spots are taken which severely impacts the ability for regular sized vehicles to access parking near properties individuals live, visit, or patron.
Proposed Amendments
This proposed ordinance deletes the current language in Napa Municipal Code Section 10.36.070 and replaces it in its entirety with updated language.
Specifically, this ordinance:
• Defines oversized vehicles and trailers consistent with the California Vehicle Code
• Creates parking restrictions for oversized vehicles and trailers, that unless is subject to an exemption, is generally a maximum of four hours in one location.
• Defines movement standards as ¼ mile
• Prohibits a vehicle from moving back to within ¼ mile of the same parking spot for a period of 72 hours
• Creates exemptions for certain oversized vehicles, including:
o Parking a recreation vehicle immediately adjacent to the registered address for a period of 48 consecutive hours for the purpose of loading and unloading
o Emergency and public safety vehicles
o Government vehicles for the purpose of government business
o Actively loading or unloading goods while parked immediately adjacent to a delivery address
o Food trucks open for business in front of non-residential properties
o Emergency repairs not to exceed eight hours
Community Caretaking Laws and Immediate Towing of Vehicles
The City of Napa will be subject to all Federal and State laws pertaining to the towing of vehicles. Specifically, the City will comply with California Vehicle Section 22650 that prohibits the unlawful search and seizure of vehicles unless the removal is necessary to meet a community caretaking need as determined under the authority of the Napa Police Department. Community Caretaking threshold requirements exist for the purpose of ensuring that there isn’t an undue hardship on an individual due to seizing a vehicle that is used as a primary means of transportation to maintain a job or transport kids to school.
The Vehicle Code was updated by the State of California in 2023 and has severely limited the ability of public agencies to immediately tow vehicles, even when other factors like a series of unpaid parking tickets exist. However, when it comes to oversized vehicles, these vehicles do tent to obstruct the line of site for pedestrians and drivers and meet a community care threshold for removal. The Police Department will consider the totality of the circumstances in which the vehicle presents a hazard to public safety or the community. Many factors are considered when determining if the vehicle falls within the community caretaking threshold for the protection of the people, property, and the safety of all. These factors may include but are not limited to:
• The vehicle itself is a public safety or traffic hazard
• The driver can’t legally move the vehicle to a safe location
• The vehicle is blocking a driveway or crosswalk
• The vehicle’s location may make it a target for theft or vandalism
• The vehicle is unsafe to be operated on a public roadway
Implementation
If this first reading is approved by the City Council, the item will return on the December 17, 2024, consent calendar for final adoption. City staff will use the 30 days following December 17, 2024, to provide bilingual information and outreach to vehicles that would potentially be in violation of the City’s ordinance on the effective date of January 17, 2025. Additionally, homeless services resources, including shelter beds, storage of oversized vehicles while in shelter, and rental assistance at RV parks will be offered to those currently living in oversized vehicles in the City of Napa.
Available City resources will be prioritized to respond to complaints received through the City’s Online Service Center.
FINANCIAL IMPACTS:
There are no direct costs related to the adoption of the proposed Ordinance. There is a cost to implementing the ordinance which will be prioritized and done with existing staffing resources.
CEQA:
The City Manager has determined that the Recommended Action is exempt from CEQA pursuant to CEQA Guidelines Section 15301 (minor alteration of existing streets and sidewalks).
DOCUMENTS ATTACHED:
ATCH 1 - Ordinance
ATCH 2 - Public Comments Rec’vd by 11_22_24
NOTIFICATION:
Legal notice of public hearing published in the Napa Valley Register on November 23, 2024.
Information was posted on the City website and shared via social media and the City’s newsletter in November 2024.
Individuals that have contacted City staff regarding parking or homeless services issues were also notified via email of this scheduled agenda item.