In an effort to give Oakley’s Code Enforcement more ability to cite illegally parked commercial vehicles on residentially zoned property, the Oakley City Council will better clarify by definition what a “Commercial Vehicle” is and where they are prohibited to park during this evenings City Council Meeting.
According to the staff report, Oakley’s current code only restricts commercial vehicles with a Gross Vehicle Weight Rating of 10,000 pounds or more from parking or driving on streets or highways that are in or abut residentially zoned areas. What the code doesn’t state is whether or not these commercial vehicles are allowed to be parked on private property.
The staff report further explains that an interpretation of the current code could be made that because the vehicles aren’t allowed to be driven on streets in residentially zoned areas then there wouldn’t be a way to store them on properties in these areas as well. However; the current code only states that these vehicles are restricted from the streets in residentially zoned areas.
The City is attempting to make the ordinance clear to interpret while adding a provision that allows commercial vehicles used in conjunction with an approved Home Based Businesses permit to be allowed in order for the code sections to be internally consistent.
According to Josh McMurray, Oakley Senior Planner, explained via email that The Ordinance as it exists today does not allow commercial vehicles to park or drive on streets or highways in or adjacent to residentially zoned areas. What the Ordinance does not specify is if these same vehicles are allowed to park on residentially zoned properties.
“There have been several code enforcement cases dealing with commercial vehicles (dump truck, tow trucks, box vans like u-hauls) being parked on residentially zoned property in the past and the code does not address this specific issue,” said McMurray. “In looking at other codes for various Cities, we found some prohibit both, the driving or parking of commercial vehicles on commercial streets and on private property in residentially zoned areas.”
According to McMurray, the ordinance will also allow pick-up trucks whether associated with a Home Based Business or not—this would include your PG&E or Comcast work trucks that employees are allowed to take home.
If you go:
Tuesday, April 8, 2014
6:30 P.M.
Oakley City Council Chambers
3231 Main Street, Oakley, CA
Editors Note: From what we understand, the Oakley City Council will further clarify the changes in this Ordinance this evening. This ordinance also appears to be targeted at commercial trucks parked on Main Street in the gravel areas –ultimately this ordinance will have some unintended consequences on local residents.
Here is a look at the Staff Report and Ordinance below:
Background and Analysis
This is a City initiated project to consider an ordinance amending Section 204 of Chapter 1 of Title 6 of the Oakley Municipal Code regulating the Parking of Commercial Vehicles. Adoption of this ordinance will amend the code language to further clarify what a “Commercial Vehicle” is and where they are prohibited to park in residentially zoned areas of the City, both on public and private property. This will further enhance the ability of the City Code Enforcement Officer to cite the illegal parking of commercial vehicles on residentially zoned property.
Oakley’s current code only restricts commercial vehicles with a Gross Vehicle Weight Rating of 10,000 pounds or more from parking or driving on streets or highways that are in or abut residentially zoned areas. What the code doesn’t state is whether or not these commercial vehicles are allowed to be parked on private property. An interpretation of the current code could be made that because the vehicles aren’t allowed to be driven on streets in residentially zoned areas then there wouldn’t be a way to store them on properties in these areas as well. However; the current code only states that these vehicles are restricted from the streets in residentially zoned areas. Staff has researched other municipalities in the area and is common to include a provision restricting not only the parking of these vehicles on public streets but to also restrict the parking of these vehicles on private property. This code amendment makes it very clear to interpret. In addition to the modifications shown in the attached resolution, Staff has also added a provision that allows commercial vehicles used in conjunction with an approved Home Based Businesses permit to be allowed in order for the code sections to be internally consistent.
Fiscal Impact
There is no ongoing negative fiscal impact created by amending the municipal code to further clarify the parking of commercial vehicles.
Recommendation
Staff recommends that the City Council waive the first reading and introduce an ordinance amending Oakley Municipal Code Section 6.1.204 (Parking of Commercial Vehicles).
ORDINANCE NO. XX-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKLEY AMENDING SECTION 204 OF CHAPTER 1 OF TITLE 6 OF THE OAKLEY MUNICIPAL CODE DEALING WITH THE PARKING OF COMMERCIAL VEHICLES
The City Council of the City of Oakley does ordain as follows:
SECTION 1. Findings.
The City Council hereby finds and determines as follows:
A. The proposed amendments to Section 204 Chapter 1 of Title 6 of the Oakley Municipal Code will not only clean up internal inconsistencies, but provide further clarification and more enforceable regulations dealing with the parking of commercial vehicles in residential zoned except as otherwise allowed by the code.
SECTION 2. Code Amendments.
Section 6.1.204 of the Oakley Municipal Code is hereby amended to read as follows:
“a. Prohibition. No person shall stand or park a Commercial Vehicle on public or private property in any residential district as defined by subsection (b) herein unless such vehicle is permitted through a Home Based Business Permit or exempted per subsection (c) below. For the purpose of this subsection a Commercial Vehicle means any vehicle defined by California Motor Vehicle Code Section 15210.
b. Residential District. For the purposes of this section, “residential district” shall be defined as any residential zoning district listed in the City of Oakley Zoning Ordinance, including any area zoned P-1 that has residential uses, or any area designated for residential uses in the City of Oakley General Plan. This definition includes any highway or street that abuts a residential district.
c. Exemptions. This section does not apply to any commercial vehicle actively making any delivery or pick-up of goods, wares, building materials and merchandise to any dwelling or structure located in a residential district. The term “commercial vehicle” does not include recreational vehicles, such as camping trailers, motor homes, and recreational boats on trailers. The term “commercial vehicle” also does not include any pickup truck, whether having commercial license plates or not. The term “commercial vehicle” also does not include a moving truck being used for the purposes of moving.
d. Punishment. Any person violating this section shall be punished as provided in Vehicle Code Section -42-0-0″1. ”
SECTION 3. California Environmental Quality Act (CEQA) Finding.
This ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3), Review for Exemption, because it can be seen with certainty that the project will not have a significant effect on the environment; therefore the project is not subject to CEQA.
SECTION 4. Severability.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be held unconstitutional, invalid or unenforceable.
SECTION 5. Effective Date and Posting.
This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk shall cause the ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation, or by publishing a summary of the proposed ordinance, posting a certified copy of the proposed office in the City Clerk’s Office at least five (5) days prior to the City Council meeting at which the ordinance is to be adopted, and within fifteen (15) days after its adoption, publishing a summary of the ordinance with the names of the Council Members voting for and against the ordinance.
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22 comments
If I want to park a vehicle of any kind on my property, I have that right. The City of Oakley need to remember who they serve. US NOT STAFF!
Way to go Oakley, drive out business yet again. If the city staff had a brain, they would be looking at ways to generate money off this, not write a ticket.
Why? I’s time for our city government to stop trying to tell us what we can do to our property. No boats or trailers in our driveways, garbage cans have to be hidden, etc. etc. etc. The concern regarding the trucks parking in the gravel area is greatly amusing since the City has pretty much abandoned the orignal downtown area in order to build that joke around city hall.
Code Enforcement? Seriously?????? Do they even have the authority to do this? Sorry but after my experience 2 weekends ago I have some very very serious concerns about the code enforcement dept. I put up a banner at the Oakley Rec Center so that our customer’s could find us. There is NO signage for the rec center and the address can not be seen from Northbound O’Hara until you pass the site. A man wearing a City of Oakley polo shirt “badged me”. He quickly flashed a leather badge case that PD officers use off-duty-inside were the words “special agent” imprinted and his CA DRIVER LICENSE. No city ID, no badge. Does he think it gives him some authority? I thought he was some sort of a police officer until I saw what was inside the badge case, then I laughed at him .It was apparent that this was something bought off the rack not issued. who the hell did he think he was???? someone from the Oakley Police Dept should go over to city hall and explain the law regarding trying to impersonating a police officer. OH, my “crime”? I had tied one end of the banner to a street sign on the rec property.
Just a little side note-we asked the city employee who opened up the Rec Center for us for phone number in case of an emergency, he said that the due to the city budget, they no longer had cell phone and he didn’t want to give us his. So we can’t provide the city staff with a cheap Metro PC phone for emergency contact on rentals but we can afford to pay 2 city employees to drive around in a city car on a Saturday removing posters and signs???? Boy our priorities are really screwed up.
Yes, they can tell you what you can or cannot park in your driveway, back yard or anywhere else on your property. Whether you like it or not, what you do on your property greatly affects your community, not to mention your neighborhood property values. You really want your neighbor parking a semi or 40 foot RV in their driveway? When you live in the city, county, and state you are bound by the rules (known as laws).
If you want to see what lack of enforcement looks like, drive through Brentwood, out to the Southern border past where Balfour Rd. intersects the old Highway 4. You will see a long line of trucks parked along the highway there. Not only is it blight, but if a traveling vehicle happens to collide with one of them them the city will learn the hard way about deep pocket liability in California.
So I say good for Oakley! They have figured out how to make the city a more attractive place to live. You really think you would find Semi Trucks parked on the streets in Danville? Alamo? Walnut Creek? Orinda? Moraga? It’s not rocket science for most people.
Amen B-Wood, you hit that out of the park. Nice reply in a sea of ignorance…
attractive for who? not for the working class, which oakley is.
I agree with you 100%. I hate seeing my neighborhood looking trashy, because of 3 tow trucks, 1 dump truck, & 2 semi-tractors on our streets. Let alone garbage cans left in the streets, boats covered with torn tarps and never moved over a year. The street issue makes it dangerous for my neighborhood as they are never exactly parallel to the curb and one in particular is parked this way on a curve, so one must stop for oncoming traffic. Pollution, oil on the streets just brings MY property value down, and I’m not ready to allow that to happen. For all you negative writers, the question is, are you a homeowner or a renter???
diane, seems like you only care about your property value and not your neighbors. why does it matter if if we are owners or renters? do you think owners should have more rights than renters?
Tim, now lets not be silly…Of course I care for everyones property. I just don’t want to lose more property value on mine. Renters vs. Owners. You must be one of those liberals who sees all equal. Renters come and go by the dozen, some are good, some aren’t. Buyers, some and not some, take pride in their homes until the day they move. So there you have my view point!!! BTW, we retired as the “working class” people…so eat that one also!!
one of those liberals? i am so far from it. but you sound like of of those “conservatives” that gives the rest of us conservatives a bad name by automatically assuming things and name calling. you called me a liberal, i take offense to that! lol
Ok Tim, you area conservative. Yeah!
this is oakley. we are a working class community.
It costs thousands of dollars to license a semi truck. I don’t think you can kick them off their owners property. That would never hold up in court unless there is some law hazard broken. What are they going to do tow it off of private property when its properly licensed?
The city is opening a can of worms it can’t afford to enforce.
Well geez, let me see, I own a garbage hauling truck, Can I park it on the street after I buy the house next door to you???
dianne, the issue isnt about parking on the street. its about being able to park on private property.
Ok, I stand corrected on the street issue, so I’ll buy the house next door to you and park my garbage truck in the driveway!!
thats fine, as long as you dont complain about my work truck in my driveway lol
Apples and oranges. The situation in Brentwood does. not involve private property. It does, however, demonstrate how hard working community members have found a solution to a problem. I’m not a fan of it, but i can appreciate the situation and put up with it.
There are no rules on Oakley preventing the use of private property for parking commercial vehicles, and it is possible (though unlikely) to use private roads to access private parking in residential zones. If the intent was to preclude parking onrivate property then the rules were very poorly drafted. It seems the rules were quite intentional in their lack of control over private property.
And remember, we are only talking about private property. All of you who have tried to bring public streets into your parking complaints are completely missing the point.
This change would present a hardship for hardworking men and women, renters and owners of property in Oakley. If there is an actual issue (complaints) with regard to the parking of these vehicles then there are other ways to address it.
If any change is implemented it should grandfather in the people who are currently using their property in this manner.
Code enforcement priorities provide an interesting insight into the leadership of a community.
Amen B-wood and Diane. Barbara, if you don’t like the rules of Oakley, you can always move somewhere else where they don’t enforce the rules. I am so glad that Oakley has rules, and is working to change our city into something to be proud of, like reconstructing the downtown area. Also, very soon there will be more businesses willing to set up shop in Oakley, because our community is about to grow big, and with these new rules, it will be something to be proud of with code enforcement enforcing the parking rules. I too lived in a neighborhood that had RV’s and Boats in the driveway, and it look terrible!!! Especially the old ones. Thank God the City of Oakley is putting their foot down and not letting our city get trashed, and keeping our property values up.
Annette, you think it is great “our community is about to grow big”. Very big mistake. You folks are screaming about stuff now, wait 10 years and Oakley will be a sewer just like Antioch and Pittsburg have been. It has taken Pittsburg 50 years to clean it up.
exactly Julio, exactly. The way things are going, oakley will be turing into antioch pretty soon.
Anyone who thinks Oakley will turn into Antioch hasn’t noticed the “nortenos” tags all over town… we already are Antioch!
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