CC - Item 5B - Amendments to Municipal Code Relative to Private Bus Loading and Unloading of Passengers on Private Properties and Parking Displacement on City Streets by Bus PatronsROSEMEAD CITY COUNCIL
STAFF REPORT
TO: MAYOR AND CITY COUNCIL
FROM JEFF ALLRED, CITY MANAGER (/
DATE: DECEMBER 9, 2014
SUBJECT: AMENDMENTS TO MUNCIPAL CODE RELATIVE TO PRIVATE BUS
LOADING AND UNLOADING OF PASSENGERS ON PRIVATE PROPERTIES
AND PARKING DISPLACEMENT ON CITY STREETS BY BUS PATRONS
SUMMARY
On October 28, 2014, the City Council discussed the impacts of private bus patrons
parking on City streets for long periods of time. This has resulted in parking space
displacement and other adverse impacts (i.e., late -hour noise and litter) in adjacent
residential neighborhoods. At that time, the City Council directed staff to prepare an
ordinance for consideration to mitigate these adverse parking impact conditions. The
City Council will consider the introduction of an Ordinance that would remove existing
provisions in the municipal code that enable agreements between private bus operators
and private property owners for the loading and unloading of bus patrons, and to make
such agreements prohibited under the Rosemead Municipal Code.
RECOMMENDATION
It is recommended that the City Council take action to introduce Ordinance No. 948 for
first reading.
Early in 2014, the City began to explore alternatives to mitigate problems created by
private bus operations on public streets. The problems included bus patron littering
adjacent to loading and unloading areas, pedestrian safety concerns (i.e., jaywalking by
bus patrons), bus traffic on residential streets, and parking displacement on residential
streets by bus patrons.
On June 10, 2014, the City Council adopted Ordinance No. 941, after second reading,
to address the above listed problems. Ordinance No. 941 prohibited the stopping of
private buses on City streets for the loading and unloading of passengers. However,
Ordinance 941 also enabled private bus operators to enter into agreements with private
property owners for the loading and unloading of passengers on private properties.
At its meeting of October 14, 2014, the City Council adopted Ordinance No. 943 to
accommodate private buses coming into Rosemead to patronize local restaurants and
ITEM NUMBER:.
City Council Meeting
October 28, 2014
Page 2 of 3
gift shops between the hours of 5 p.m. and 10 p.m. daily. As of November 13, 2014, the
City's regulations relative to private buses are as follows.
• Private buses are prohibited from stopping on City streets to load and unload
passengers. Exceptions to these regulations are: 1) emergency situations; 2)
while loading or unloading hotel guests adjacent to hotels; and 3) tour buses with
an appointment itinerary at local businesses and a passenger roster may park on
City streets daily between the hours of 5 p.m. to 10 p.m., without loading new
passengers.
• Private buses may load and unload passengers on private properties if they
obtain an agreement with a private property owner through a City application
process. The administrative rules for such private property agreements are as
follows:
1. Private buses cannot create a parking an on -site deficiency or exacerbate an
existing parking deficiency (shortage) in a parking lot based on the City's
parking standards specified in the Zoning Code.
2. Private buses cannot block driving aisles or load /unload in already approved
loading zones.
3. The circulation pattern for the private buses must be workable without
creating safety hazards for other motorists (for example, a three -point turn
cannot endanger other motorists or parked cars).
4. Safe ingress and egress from, and onto, commercial (non - residential) streets
is required.
5. The loading /unloading area shall not create loitering or other public safety
concerns.
On October 14, 2014, residents on streets adjacent to private bus loading /unloading
areas addressed the City Council to register complaints of parking displacement on
residential streets by casino bus patrons for lengthy periods of time. On October 28,
2014, the City Council focus on the source of the problem which is bus patrons who
park on residential streets to board private buses bound for casinos and directed the
preparation of an ordinance to mitigate the problem. It was suggested that the most
effective way to mitigate the problem of parking displacement on residential streets
would be to remove provisions in the Municipal Code that permit private buses to enter
into agreements with property owners to load and unload passengers on private
properties.
Under the City's Zoning Code, the parking of buses on private commercial -zoned
properties is not a permitted use. To date, with respect to this issue, staff has
City Council Meeting
October 28, 2014
Pace 3 of 3
distinguished the loading and unloading of passengers from actual parking of private
buses on private commercial -zoned properties, which is not a permitted use. The
proposed amendment would remove from the Code he ability to load and unload
passengers onto and from private buses.
Attachment: Proposed Ordinance No. 948
ORDINANCE NO. 948
AN ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD
AMENDING SUBSECTION 10.24.030 TO CHAPTER 10.24 OF THE ROSEMEAD
MUNICIPAL CODE TO PROHIBIT PRIVATE BUSES FROM LOADING AND
UNLOADING PASSENGERS ON PRIVATE PROPERTY
WHEREAS, the City of Rosemead in an effort to address public welfare and
safety issues associated with the loading and unloading of passengers from private
buses on private property which is not used as its primary permitted use the parking of
vehicles; and
WHEREAS, permitting the loading and unloading of passengers from private
buses on private property described above, has resulted in adverse conditions to
adjacent neighborhoods, and
WHEREAS, these adverse conditions include noise at late hours of the night,
littering by bus patrons, pedestrian safety concerns, bus traffic on residential streets and
a severe reduction in parking on the public streets adjacent to the private properties as
a result of the bus patrons driving and parking near the private property locations to be
picked up by the private buses; and
WHEREAS, the City is empowered to adopt regulations to protect the public
health, safety and welfare of its residents and businesses.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Rosemead hereby amends Section
10.24.030 of Chapter 10.24 to the City of Rosemead Municipal Code to read as follows:
"10.24.030 - Parking and Operating Vehicles on Private Property Prohibited.
No person shall operate or drive or leave any vehicle in, over or upon any private
property for the purpose of loading and unloading of passengers, except that the
provisions of this section shall not apply to private parking lots as provided for in
Chapter 17.16 of the Rosemead Municipal Code."
SECTION 2. Severability. If any section, subsection, sentence, clause, or
phrase of this ordinance is for any reason held to be invalid or unconstitutional by a
decision of any court of competent jurisdiction, such decision will not affect the validity
of the remaining portions of this ordinance. The City Council hereby declares that it
would have passed this ordinance and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3. Publication. The City Clerk is directed to cause this ordinance to
be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this day of
2014.
Bill Alarcon, Mayor
City of Rosemead, California
ATTEST:
Gloria, Molleda, City Clerk
City of Rosemead, California:
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP