Note: Prior ordinance history: Ord. 2033.
This chapter is adopted in accordance with Article XI, Section
7 of the California Constitution and applicable provisions of the
California Vehicle Code for the purpose of mitigating traffic congestion;
improving aesthetics; reducing safety hazards; and ameliorating noise
pollution by regulating tour bus parking within the city's jurisdiction.
(Ord. 2086 § 2, 2012)
Unless the contrary is stated or clearly appears from the context,
the following definitions will govern the construction of the words
and phrases used in this chapter:
means a motor-propelled sedan vehicle of either standard
or extended length, with a lawful seating capacity of not more than
fourteen passengers, including the driver, and used in the transportation
of passengers on a prearranged basis.
means hotels; motels; restaurants; cultural and entertainment
centers; and other retail businesses within the city.
means a passenger vehicle designed for carrying not more
than eight persons, excluding the driver, used to carry passengers
for hire that is not regulated by the California Public Utilities
Commission, or any successor agency, which operates within the city's
jurisdiction.
means any motor-propelled vehicle that is used for the transportation of passengers for consideration or compensation and is subject to license for such by the Public Utilities Code, except taxicabs and limousines, and except "buses" as defined and regulated under Section 10.52.070 of this code.
means the owner, proprietor, and/or manager of the bus company
providing the transportation service, including any agents therefor.
(Ord. 2086 § 2, 2012)
The limitations on standing or parking in this code will not
relieve any person from the duty to observe other and more restrictive
provisions of the California Vehicle Code or this code prohibiting
or limiting the standing or parking of vehicles in specified places
or at specified times.
(Ord. 2086 § 2, 2012)
(a)
The city council may, by resolution, establish tour bus loading zones
in the city of Monterey Park for the safe and convenient loading and
unloading of passengers. The resolution may provide as follows:
(b)
It is unlawful for any tour bus to be parked in locations other than
the designated tour bus loading zones for the designated times, except
as follows:
(c)
It is unlawful for vehicles, other than tour buses, to park in a
tour bus loading zone, except as authorized by city council resolution.
(d)
The engine of a tour bus must remain off while the tour bus is parked
in a tour bus loading zone.
(e)
These sections do not become effective until signs giving notice
of these restrictions are erected at the tour bus loading zones.
(Ord. 2086 § 2, 2012)
Notwithstanding any other provision in this code, the city council
may by resolution designate certain streets or portions thereof upon
which preferential parking privileges for tour buses are provided
to merchants immediately adjacent to the proposed tour bus parking
area for their use and the use of their guests ("designated tour bus
parking area"). The city council may adopt such a resolution approving
such designated tour bus parking areas either: (a) notwithstanding
any other provision in this code, on its own motion through any lawful
procedure it deems appropriate; or (b) upon application and after
a public hearing before the traffic commission as set forth below:
(a)
Application. Any person seeking a designated tour bus parking area
must file an application with the city manager, or designee, containing
the following:
(1)
The name, address and phone number of the applicant;
(2)
The location of the proposed designated tour bus parking area and
times requested for parking;
(3)
Additional information the city manager, or designee, may reasonably
require including if necessary any information or studies necessary
to conduct review under the California Environmental Quality Act (Public
Resources Code Section 21000, et seq., "CEQA") and the regulations
promulgated thereunder (14 Cal. Code of Regulations Section 15000,
et seq.);
(4)
The applicant must sign an application under penalty of perjury.
(b)
Fee. Applicants for designated tour bus parking areas issued pursuant
to this chapter will pay to the city a fee equal to the sum of money
sufficient to reimburse the city for expenses incurred by it in connection
with processing the applications, including providing notice for a
public hearing and the other associated costs such as installing appropriate
signage. The amount of such fees will be established periodically
by city council resolution.
(c)
Fee Deposit. The city manager is authorized to promulgate administrative
policies and procedures ("AP&P") for recovering administrative,
consultant (including legal) or other costs incurred by the city for
review of applications for designated tour bus parking areas, for
any required environmental review in accordance CEQA. Such AP&Ps
should include the following provisions:
(1)
Persons seeking discretionary approval for tour bus parking areas
must reimburse the city for all costs associated with reviewing such
applications;
(2)
To ensure that the city is reimbursed for such costs, the city may
require applicants to deposit an amount reasonably estimated to cover
the costs of such services depending on the size and complexity of
the application;
(3)
The applicant's deposit, if any, will be placed in a non-interest
bearing trust account established by the city manager. Costs associated
with review of a particular project will be charged against the deposit
amount. The city may require the applicant to replenish the amount
should the balance fall below a reasonable amount;
(4)
Funds remaining in a deposit upon conclusion of the city's approval
process, and after all costs are reimbursed, will be promptly returned
to the applicant.
(Ord. 2086 § 2, 2012)
(a)
Traffic Commission Public Hearing. After receiving an application
as set forth above, the traffic commission must hold a public hearing
to consider the tour bus parking area designation and make a recommendation
to the city council.
(b)
Notice Required. Not less than ten days before the date of a hearing
on applications for a parking permit, the city must give notice of
the scheduled hearing. The notice must include the time, place, nature
of the application, and the general location of the parking area under
consideration.
(c)
Such notice must be mailed first-class and postage prepaid to the
applicant; and to all persons whose names and addresses appear on
the latest available assessment roll of the county of Los Angeles
as owners of property within a minimum distance of three hundred feet
from the proposed parking area and to anyone filing a written request
for notification. The city manager, or designee, may require a greater
distance of notification, at his or her discretion.
(d)
Wider Area. If the city manager or designee finds that the mailing
of notices required in this section does not give sufficient notice
to the affected persons, then additional notices must be posted at
such locations as are deemed best suited to reach the attention of
and inform those persons who may be affected.
(Ord. 2086 § 2, 2012)
(a)
After holding the public hearing, the traffic commission may make
a recommendation to the city council to designate a tour bus parking
area by resolution, with or without conditions, provided that all
of the following findings of fact are made:
(1)
That the site is adequate in size, shape and topography for the proposed
parking;
(2)
That the site will not impair traffic and is adequate in width and
pavement type to permit the proposed parking;
(3)
That the proposed parking will not negatively impact any nearby noise-sensitive
uses and will comply with the requirements of this code regarding
noise;
(4)
The proposed parking will not, under the circumstances of the particular
case, be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity or injurious to property
or improvements in the vicinity;
(5)
A recommendation to the city council for a maximum number of parking
spaces for a designated tour bus parking area; and
(6)
A report on the benefits and detriments to the community that would
result from the approval of the designated tour bus parking area.
(b)
The city council may consider the traffic commission's recommendation,
receive any further public comment, and by resolution may approve,
reject or modify the traffic commission's recommendation or return
the matter with direction to the traffic commission to reconsider.
(Ord. 2086 § 2, 2012)
A designated tour bus parking area remains in effect unless
repealed by the city council. If at any time the city manager, or
designee, determines that any of the findings set forth in the preceding
section are no longer present or that there is no longer a purpose
for the designation to continue, then the city manager may notice
a public hearing before the traffic commission pursuant to the procedures
set forth in this chapter. The traffic commission may at that time
consider whether such findings continue to be present and whether
there is still a need for the designation. If not, then the traffic
commission must make a recommendation to the city council to repeal
the resolution designating tour bus parking area. The city council,
after consideration of the traffic commission's recommendation and
receiving any further comment, may by resolution approve, reject or
modify the traffic commission's recommendation or return the matter
with direction to the traffic commission to reconsider.
(Ord. 2086 § 2, 2012)
Notwithstanding any other provision in this code, persons holding
a valid permit issued pursuant to this chapter may park a tour bus
in a designated tour bus parking area consistent with the requirements
of such permit.
(Ord. 2086 § 2, 2012)
The city manager, or designee, is authorized to issue parking
permits pursuant to this chapter.
(Ord. 2086 § 2, 2012)
Every person seeking a parking permit for a designated tour
bus parking area must file an application with the city manager, or
designee, containing the following:
(a)
The name, address and phone number of the registered applicant;
(b)
Verification that the location of the applicant's business is a bona
fide city merchant adjacent to the designated parking area;
(c)
Additional information the city manager, or designee, may reasonably
require. The city requires that all federal, state, local regulatory
requirements must be complied with;
(d)
The applicant must sign an application under penalty of perjury.
(Ord. 2086 § 2, 2012)
Applicants for parking permits issued pursuant to this chapter
will pay to the city a fee equal to the sum of money sufficient to
reimburse the city for all expenses incurred by it in connection with
processing permit applications and anticipated ongoing maintenance
and enforcement costs. The amount of such fees will be established
periodically by city council resolution.
(Ord. 2086 § 2, 2012)
Unless the city council finds that no indemnity and insurance
is required for the protection of the city or the public and waives
the requirements of this section, the permit is not effective unless
and until the applicant posts and maintains with the city a policy
of public liability and property damage insurance, approved as to
form and insurer by the city manager and conditioned so as to protect,
indemnify and save harmless, the city, its officers and employees
from any and all loss, damages, liability, costs and expenses which
may result from or arise out of the granting of the permit or the
use of the permit of any kind by the permittee or any guest of permittee
and to pay any and all loss or damage that may be sustained by any
person as a result thereof. The limit of liability upon any such policy
cannot in any case be less than one hundred thousand dollars for the
death or bodily injury of one person and three hundred thousand dollars
for the death or bodily injury of more than one person, and fifty
thousand dollars for property damage.
(Ord. 2086 § 2, 2012)
(a)
It is unlawful for any person to falsely represent themselves as
eligible for a parking permit under this chapter or to furnish false
information in an application for a parking permit.
(b)
It is unlawful for any person to copy, produce, or otherwise bring
into existence a facsimile or counterfeit parking permit.
(c)
It is unlawful for any person to knowingly use or display a facsimile
or counterfeit parking permit, with intent to evade prohibitions or
limitations on parking in a specified area.
(Ord. 2086 § 2, 2012)
The city manager or designee must issue a permit if:
(a)
The application was complete in accordance with this chapter;
(b)
There are no grounds for denying the permit; and
(c)
The applicant accepts the permit in writing.
(Ord. 2086 § 2, 2012)
The permit issued pursuant to this chapter must contain, and
use of such permit must conform to, the following conditions:
(a)
All requirements of the corresponding resolution designating the
tour bus parking area;
(b)
The engine of a tour bus will be turned off while the tour bus is
parked in a tour bus parking area;
(c)
The general permit conditions of this chapter.
(Ord. 2086 § 2, 2012)
A parking permit is valid for one calendar year. Upon expiration,
the applicant may apply for and be granted additional parking permits
if the applicant still qualifies under the requirements set forth
in this chapter.
(Ord. 2086 § 2, 2012)
A permit must be denied if the city manager finds that:
(a)
The applicant is not a bona fide merchant adjacent to the designated
parking area;
(b)
Information submitted by the applicant is materially false; or
(c)
The number of tour buses allowed to park in the permit issued exceeds
the number of tour bus parking spaces available for use by permittees.
(Ord. 2086 § 2, 2012)
Permits issued pursuant to this chapter will be in a form prescribed
by the city manager or designee.
(Ord. 2086 § 2, 2012)
Every person who is issued a notice of parking violation pursuant
to this chapter may request review of that notice under Vehicle Code
Section 40215, et seq.
(Ord. 2086 § 2, 2012)
All permits will be placed at the lower driver's side of the
windshield of the vehicle to which it relates so that it is clearly
visible from the exterior of the oversized vehicle.
(Ord. 2086 § 2, 2012)
The time limitations on standing or parking in this code will
not relieve any person from the duty to observe other and more restrictive
provisions of the California Vehicle Code or this code prohibiting
or limiting the standing or parking of vehicles in specified places
or at specified times.
(Ord. 2086 § 2, 2012)
(a)
Vehicles, including tour buses, unlawfully parked in designated tour
bus loading zones or designated tour bus parking areas are subject
to a parking citation and a fine as set forth in the city's master
fee schedule, as adopted by the city council, and amended from time
to time by resolution.
(b)
Except as otherwise provided by this chapter, tour bus operators
who unlawfully park tour buses in locations other than the designated
tour bus loading zones or designated tour bus parking areas during
the hours the tour bus loading zones are exclusively available to
tour buses are subject to a citation and fine as set forth in the
city's master fee schedule, as adopted by the city council, and amended
from time to time by resolution.
(c)
Any vehicle, including tour buses, which are in violation of this
chapter, are subject to removal by the city pursuant to the grounds
and procedures in the California Vehicle Code.
(Ord. 2086 § 2, 2012)
(a)
Signs giving reasonable notice of the prohibitions contained in this
chapter will be erected within the specified areas as required by
the California Vehicle Code.
(b)
The city engineer is authorized to post conspicuous signs giving
notice of the restrictions on using commercial streets, the existence
of tour bus loading zones and designated tour bus parking areas and
the time limitations for parking in such zones or areas. The regulations
imposed by this section are not effective until such time as signs
giving notice of such restrictions are erected.
(Ord. 2086 § 2, 2012)
