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HomeMy WebLinkAboutAgenda Report - May 19, 1993 PH (9)or CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Set Public Hearing for June 16, 1993, to Consider the Introduction of an Ordinance Adding Section 10.52.080 to Lodi Municipal Code to Prohibit the Parking of Commercial Vehicles Operating Diesel and/or Auxiliary Engines Within 250 Feet of a "Residential District", Between the Hours of 10 p.m. and 7 a.m., on Any Street Except State Highways MEETING DATE: May 19, 1993 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council set a public hearing for June 16, 1993, to consider the introduction of an ordinance adding Section 10.52.080 to Lodi Municipal Code (LMC) to prohibit on -street parking of commercial vehicles operating diesel engines and/or auxiliary engines within 250 feet of a "residential district", between the hours of 10 p.m. and 7 a.m., on any street except State highways; and approve the method of sign placement for this restriction. Auxiliary engines include but are not limited to truck refrigerator units. BACKGROUND INFORMATION: At the public hearing held on March 17, 1993, regarding truck parking and truck travel on City streets, Council elected to address the issues associated with this subject on a case-by-case basis. These issues are: ° Noise complaints on trucks legally parked near residences ° Sight obstruction complaints on trucks parking too close to driveways and intersections ° Truck travel complaints on various City streets This is the first of three reports prepared on this subject and deals with noise complaints received related to truck parking. The two remaining issues will be revievied at future Council meetings. The following is a list of locations where truck rel...�d noise complaints have been received: ° Mills Avenue - (west side) south of Turner Road, adjacent to General Mills ° Stockton Street - (west side) from Mission Street to Poplar Street, adjacent to PCP Cannery ° Cherokee Lane - (east side) south of Kettleman Lane, adjacent to Lodi Truck Service (1430 South Cherokee Lane) ° Cherokee Lane - (east side) north of Almond Drive, in front of Croce's Restaurant parcel ° Walnut Street - (south side) east of Stockton Street, adjacent to Safeway Grocery Store ° Elm Street - (north side) west of Ham Lane, adjacent to Lakewood Mall 00 6 APPROVED. THOMAS A. PETERSON KYC w D,�, ` City Manager CC•1 CTRKNOIS/TXTW.02M (CO.COM) May 11, 1993 Set Public Hearing for June 16, 1993, to Consider the Introduction of an Ordinance Adding Section 10.52.080 to Lodi Municipal Code to Prohibit the Parking of Commercial Vehicles Operating Diesel and/or Auxiliary Engines Within 250 Feet of a "Residential District", Between the Hours of 10 p.m. and 7 a.m., on Any Street Except State Highways May 19, 1993 Page 2 This list does not include complaints received at locations where truck parking is illegal under the existing truck parking ordinance. A map showing these areas is attached as Exhibit A. Other areas where this problem could occur are at any location where a "residential district" abuts a nonresidential parcel, such as a commercial use. To address this issue, Public Works staff and the City Attorney drafted a new ordinance (LMC 10.52.080) designed to reduce residents' exposure to truck noise by restricting parked commercial vehicles from operating diesel or auxiliary engines within 250 feet of a "residential district" (Exhibit B). This restriction would be in effect everyda between the hours of 10 p.m. and 7 a.m. and applies to all on -street (public parking within the City limits with the exception of State highways. The ordinance does not prohibit noise from commercial vehicles in the process of being loaded or unloaded. Commercial vehicles operating diesel or auxiliary engines on private property are also not restricted. The 250 -foot distance was chosen based on the distance it would take to dissipate truck engine noise to an acceptable level at the boundary of the "residential district". Because each individual's tolerance to sound is different. comparing the level of noise to human annoyance is difficult to determine. The data used to determine the distance used for this restriction is shown in Appendix 1. The time limit used for this restriction (10 p.m. to 7 a.m.) corresponds with the existing noise ordinance described below. Currently, there are two existing ordinances in Title 9, "Public Peace, Morals and Welfare", of the Lodi Municipal Code related to public nuisance and excessive noise. These ordinances differ from the proposed ordinance because they only allow citations to be issued to the individual creating the offensive noise. Thus, citations for trucks could not be issued until the driver of the truck was located. The proposed ordinance would allow citations to be placed on the vehicle. The California Vehicle Code indicates that this type of restriction shall not apply until signs or markings giving adequate notice have been placed. Staff has reviewed the following two signing methods for this restriction. These methods and their advantages and disadvantages are shown below with additional discussion following. The proposed sign installation locations and sign wording are shown on Exhibit C. Method 1 - Install signs at all major entrances to the City. Provide warning period prior to issuing citations. CTRKNOIS/TXTW.02M (CO.COM) May 12, 1993 Set Public Hearing for June 16, 1993, to Consider the Introduction of an Ordinance Adding Section 10.52.080 to Lodi Municipal Code to Prohibit the Parking of Commercial Vehicles Operating Diesel and/or Auxiliary Engines Within 250 Feet of a "^esidential District", Between the Hours of 10 p.m. and 1 a.m., on Any Street Except State Highways May 19, 1993 Page 3 Advantages Disadvantages 'Provides notice to truck drivers entering °Only truck drivers entering the City the City of these restrictions would be exposed to signing °Warning period allows truck drivers to °May be difficult to read since it become familiar with the restrictions is a nonconforming sign prior to receiving a citation Method 2 - Install signs at all major entrances to the City and specific locations were problems have been reported. Advantages Disadvantages *Provides double notice to truck drivers °Could confuse drivers by implying entering the City and at complaint that the restriction is not in effect locations at unsigned locations °Nigh cost of signing all locations and "chasing" the problem around town Discussion/Recommendation: The proposed truck noise ordinance was designed to work in conjunction with t e existing commercial vehicle parking ordinance (LMC 10.52.050). The existing ordinance restricts commercial vehicle parking in "residential districts" at all times of the day. In combination with the proposed ordinance, they will resolve the majority of truck parking problems related to noise at or near residences. Of the six locations on which we have received complaints, the proposed ordinance will resolve the problem at all locations except on Cherokee Lane, adjacent to Lodi Truck Service. Staff believes this to be a rare incident since this is an isolated single-family residence surrounded by commercial and industrial uses. This restriction is also easy to enforce because a decibel reading is not required. The specified distance can also be easily measured since zoning boundaries which follow property lines are generally distinguishable in the field. The only concern staff has regarding this restriction is that noise problems could continue to occur if truck drivers park in this area when the noise ordinance is not in effect and leave during the restricted time, before enforcement can arrive at the scene. This problem can be remedied by restricting parking within 250 feet of a "residential district" at all times; however, an all -day restriction is not recommended based on the reason indicated below. Staff has received a citizen request to extend the time limit on this restriction to be in effect at all times. While this would be beneficial to those residents who sleep during the day, there would be a problem at locations where businesses are located within 250 feet of a "residential district". At these locations, commercial vehicles would not be allowed to park at any time in front of restaurants or stores within the restricted distance of a "residential district" with engines or CTRKNOIS/TXTW.02M (CO.COM) May 11, 1993 Set Public Hearing for June 15, 1993, to Consider the Introduction of an Ordinance Adding Section 10.52.080 to Lodi Municipal Code to Prohibit the Parking of Commercial Vehicles Operating Diesel and/or Auxiliary Engines Wit.,In 250 Feet of a "Residential District", Between the Hours of 10 p.m. and 7 a.m., on Any Street Except State Highways May 19, 1993 Page 4 refrigerator units operating. This problem would occur on Cherokee Lane, Lodi Avenue, Turner Road and many other locations. Since the needs of truck drivers should be balanced with the needs of the community, staff does not feel it is appropriate to restrict truck parking all day. Also, as previously discussed, the existing commercial vehicle parking restriction will continue to be in effect all day. When considering signing for a restriction, in general, the more signs posted the better compliance will be. However, due to the type of restriction, staff does not feel that is true in this case. Posting signs at problem areas as well as major entrances to the City would provide additional notice to drivers; however, it would also imply that parking in unsigned areas is legal. This could be a problem where unsigned areas and signed areas meet. Depending on the specific location, parking in these unsigned areas may or may not be legal. The only way to totally alleviate this confusion is by posting signs at every location where the restriction applies, which is not practical. Also, since this restriction is similar to the existing truck parking ordinance, signing individual locations for either or both of these restrictions could be confusing to drivers since the restrictions are different. Staff feels that a better solution would be to place signs only at the major entrances to the City, displaying both the parking and noise restrictions. Staff will prepare an information sheet describing the allowable parking areas. Because individual locations will not be signed, it may be desirable to provide a warning period prior to issuing citations to allow drivers to become familiar with the restriction. If enforcement is not effective at a particular location, an alternate method of restriction, such as the installation of no -parking zones, can be considered. Based on these factors, staff recommends that Council set a public hearing to consider the introduction of an ordinance adding Section 10.52.080 to Title 10 of the Lodi Municipal Code with the restriction applying everyday between the hours of 10 p.m. to 7 a.m. Staff also recommends the approval of signing Method I (installing signs only at the major entrances to the City). FUNDING: $5,000, source to be dete2bli Ronsko Works Director Prepared by Rick S. Kiriu, Senior Engineering Technician JLR/RSK/lm Attachments cc: City Attorney Police Chief Street Superintendent Associate Traffic Engineer Concerned citizens CTRKNOIS/TXTW.02M (CO.COM) May 11, 1993 Exhibit A j CITY OF LODI TRUCK PARKING PUBLIC WORKS DEPARTMENT NOISE COMPLAINTS rwv" no GENERAL MUS Ic 1n1 ■ ���,�_�---moi ! 1 1 t 11�� ;�•� �• .=min �.. • 1 1 Ifl l No v . lam Loa rEuc UJLi(_} r� J �� •��tt� LLiinfl CROCES - ry Vf l I .• ,jf 1 L,,,.c,�o a+ 1 Jf � �� ! II I> II 1 � �1 �-�1. 1 L_--� 1 _�.--• i I '.r=.._-1! U �r___ � LEGEND J NOISE COMPLAINT LOCATIONS (ONLY INCLUDES LOCATIONS WHERE TRUCK PARKING IS LEGAL) aTE: 5/9} ',T.UF X-\6ASMAP6 10.52080 Parking Noise Restrictions. A It is unlawful to stop, park or leave standing a commercial vehicle exceeding a maximum gross vehicle weight rating of 10.000 pounds within 250 feet of a 'residential district" while operating diesel and/or auxiliary engines between the hours of 10:00 p.m. and 7:00 a.m. p xdliary engines include but are not limited to refrigerator units. This distance is the shortest distance measured from the vehicle to the nearest point on the district boundary. 71"e term "residential district" is as defined in L.M.C. Section 10.52.G50(a). (Vehicle Code 22507) B. This section shall not prohibit parking of commercial vehiclss in the process of being loaded or unloaded. C. This section shall not apply to parking on state highways. TKPKORD 1.DOC Exhibit B 03AW93 Appendix 1 Determination of Acceptable Noise Level in Residential Areas Method of Determination: As briefly discussed in the report, determining an acceptable noise level in a residential area is difficult because it depends on the individual's tolerance. Staff has employed methods and data currently available on this subject in order to determine what is considered reasonable. The publications that have been referenced are indicated at the bottom of the page. Sound from a point source spreads in a spherical manner away from the source. This spreading results in a sound level decrease of 6 dB 'or each doubling of distance. It is known as the "inverse square law.' The reference material reviewed indicates that a truck produces approximately 80 decibels (dB), recorded 50 feet away. An acceptable level of noise in a residential area was determined to be up to 65 dB, measured outside, with common building construction making the indoor environment acceptable. Using this method, the distance it would take for the generated noise of 80 dB to reduce to 65 dB is 282 feet under optimum conditions. Staff recommends a restriction of 250 feet since the distance is measured to the district b jundary and does not include building setback. References: The reference data used is from the following publications: . Traffic and Transportation Handbook - published by the Institute of Traffic Engineers, second edition • U.S. Department of Housing and Urban Development - The Noise Guide Book • Noise Manual - published by the Department of Transportation, training manual TRKAPP 1.DOC CITY COUNCIL PHILLIP A. PENNINO. Mavor ;ACK A. SIEGLOCK Mavor Pro Tempore RAY G. DAVENPORT STEPHEN MANN JOHN R. (Randv) SNIDER CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. Box 301% LODI, CALIFORNIA 95241-1910 (209) 334-5634 F. X tlowl 33"745 Mav 13, 1993 THOMAS A PETERSON City Manager IENNIFEP, M PERRIN Citv Clerk BOB McNATT City Attorney SUBJECT: Set Public Hearing for June 16, 1993, to Consider t -ie Introduction of an Ordinance Adding Section 10.52.00 to Lcdi Municipal Code to Prohibit the Parking of Commercial Vehicles Operating Diesel and/or Auxiliary Engines Within 250 Feet of a "Residential District", Between the Hours of 10 p.m, and 7 a.m., on Any Street Except State Higtiways Dear Property Owner/Resident: Enclosed is a copy of background information on an item that is on the consent calendar for the City Council meeting on Wednesday, May 19, 1993, at 7:00 p.m. The meeting will be held in the City Council Chamber, Carnegie Forum, 305 West Pine Street. You are welcome to attend. Please note that at this meeting, the item is being set for a public hearing on June 16, 1993, at which time public comments will be heard and the Council will make a decision on the matter. If you wish to communicate with the City Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702. If you have any questions about the item, please call Rick Kiriu or me at (209) 333-6706. JaiYkRonsko Prks Director JLR/lm Enclosure ` / cc: City Clerk " LTRKhOIS/TXTW.02M CITY OF LODI 221 WEST PINS STREET LODI, CALIFORNIA 95290 ADVERTISING INSTRUCTIONS SUBJECT: NOTICE OF PUBLIC HEARING - INTRODUCTION OF ORDINANCE ADDING SECTION 10.52.080 TO THE LODI MUNICIPAL CODE PUBLISH DATES: SATURDAY, MAY 22, 1993 TEAR SHEETS WANTED: THREE AFFIDAVIT AND BILL TO: JENNIFER M. PERRIN,/C]/I�TY CLERK DATED: MAY 20, 1993 ORDERED BY:•'�• P NIcOLINI DEPUTY CITY CLERK DECLARATION OF MAILING On May 20, 1993 in the City of Lodi, San Joaquin County, California, I deposited in the united States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "8" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 20, 1993, at Lodi, California. Jennifer M. Perrin City Clerk Peg4tWcolini Deputy City Clerk DEC#01/TXTA.FRH 01 - CITY Or LODI CARNEGIE FORUM 305 West Pine Street. Lodi 40TICE OF PUBLIC HEARING Date: June 16, 1993 Time: 7:00 p.m. For information regarding this Public Hearing Please Contact: Jennifer M. Perrin City Clerk Telephone: 333.6702 NOTICE OF PUBLIC HEARING June 16, 1993 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7.00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing to consider the following matter: a) the introduction of an ordinance adding Section 10.52.080 to Lodi Municipal Code to prohibit the parking of commercial vehicles operating diesel and/or auxiliary engines within 250 feet of a "residential district", between the hours of 10 p.ra. and 7 a.m., on any street except State highways. All interested persons are invited to present theirviews and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order Of the Lodi City Council: ferk `er P'l Perrin y Cl Dated: May 19, 1993 Approved as to form:C—E;> s Bobby W. McNatt City Attorney &NAME &ADD &CITY JOHN & PENNY MATTOS 944 S STOCKTON ST LODI CA 95240 HAROLD HENNEY 468 PIONEER DR LODI CA 95240 MR & MRS DAVID MITTLEIDER 1925 ROBERT ST LODI CA 95242 ED WALLACE 1430 S CHEROKEE LN LODI CA 95240 SHIRLEY PLATH 1439 VOELKER DR LODI CA 95240 STEVE & CONNIE SCHNABEL 1107 WIMBLEDON DR LODI CA 95240 ALFRED JOACHIM 609 RIMBY AVE LODI CA 95240 DR HOMER 325 W LOCKEFORD ST LODI CA 95240 ALICE STOVER 231 W LOCKEFORD ST LODI CA 95240 ARLENE SCHLABS 25 S MILLS AVE LODI CA 95242 DAVE KIRKCALDY 1806 S CHURCH ST LODI CA 95240 GERALDINE PESSOA 621 EUREKA AVE LODI CA 95240 JIM PARKER 1993 CARMEL CR c LODI CA 95242 JOHN KONANZ 72 N PACIFIC AVE LODI CA 95242 JANE HOLDEN 207 E WALNUT LODI CA 95240 DON SOARES 359 E CENTURY BLVD LODI CA 95240 GARY LUND P 0 BOX 22 LODI CA 95241 GEORGE BARNES 2250 SCARBOROUGH DR 165 LODI CA 95240 LU BENSON 714 N MILLS AVE LODI CA 95242 BERNICE HANSON 1336 W ELM ST LODI CA 95242 BILL BARTON 1456 KEAGLE WAY LODI CA 95242 CHARLIE BECKMAN 850 E KETTLEMAN LN LODI CA 95240 ROBERT'S PETROLEUM 930 E VICTOR RD LODI CA 95240 PAUL E VAZ TRUCKING 12856 E HARNEY LN LODI CA 95240 TOM ZAYAS INC 26353 N VAIL RD THORNTON CA 95686 D H WINN TRUCKING INC 19555 N TULLY RD LOCKEFORD CA 95237 CTRUCKPK.LST/TXTW.02M VALLEY MATERIAL TRANSPORTATION INC 415 S SACRAMENTO ST LODI CA 95240 BOB L TONN TRUCKING 7000 E K€TTLEMAN LN LODI CA 95240 TIGER LINES INC P 0 BOX 1940 LODI CA 95241 TERESI TRUCKING 900 1/2 E VICTOR RD LODI CA 95240 T & T TRUCKING INC 11396 N HWY 99 LODI CA 95240 STRIBLING BROS LIVESTOCK TRANSPORTATION 13226 MC FARLAND GALT CA 95632 SHULZ BROS. TRUCKING 24375 N KENNEFICK RD GALT CA 95632 RAUSSER BROS TRUCKING 11964 E LIBERTY RD GALT CA 95632 POTTER ENTERPRISES INC P 0 BOX 2703 LODI CA 95241-2703 .LODI TRUCK SERVICE . 1430 S CHEROKEE LN LODI CA 95240 KISHIDA TRUCKING 19555 N HWY 99 ACAMPO CA 95220 KISHIDA TRUCKING CO 1725 ACKERMAN LODI CA 95240 JSG TRUCKING CO INC 19400 N HWY 99 ACAMPO CA 95220 CHARLIE GUESS TRUCKING 12101 E BRANDT RD CTRUCKPK.LST/TXTW.02M LOCKEFORD CA 95237 GARCIA'S TRUCKING 4679 E HARVEST RD ACAMPO CA 95220 FTG CONSTRUCTION MATERIALS 804 N CLUFF AVE LODI CA 95240 LES CALKINS TRUCKING 19501 N HWY 99 ACAMPO CA 95220 C W ENTERPRISES 23987 N HWY 99 ACAMPO CA 95220 BODINE TRUCKING 23835 N DUSTIN RD ACAMPO CA 95220 FRANK C ALEGRE TRUCKING INC 803 N CLUFF AVE LODI CA 95240 PACIFIC COAST PRODUCERS 32 E TOKAY ST LODI CA 95240 GENERAL MILLS INC P 0 BOX 3002 LODI CA 95241-1906 FRED & CORALEE DUTRA 2307 YOSEMITE DR LODI CA 95242 ERMINIO URIAS 612 RUTLEDGE DR LODI CA 95242 DEL SMITH 2505 W TURNER RD LODI CA 95242 EILEEN DENNY 1819 S CHEROKEE LN #62 LODI CA 95240 GEORGE GARCIA 852 DAISY AVE LODI CA 95240 CTRUCKPK.LST/TXTW.02M MIKE PATEL RANCHO GRANDE MOTEL 807 S CHEROKEE LN LODI CA 95240 RICK LONG WALLACE COMPUTER SERVICES 1831 S STOCKTON ST LODI CA 95240 ALAN BOHMAN LODI ACADEMY 1230 S CENTRAL AVE LODI CA 95240 LARRY WEAVER CORNER POCKET BILLIARDS 725 S CHEROKEE LN LODI CA "95240 SCOTT FREEMAN A & J AUTO 521 N CHEROKEE LN LODI CA 95240 OTTO ALBREHT ARBOR CONVALESCENT HOSPITAL 900 N CHURCH ST LODI CA 95240 LARRY BOWLES TGKAY BOWL 620 S TOKAY ST LODI CA 95240 LES DABRITZ CHAMBER OF COMMERCE P 0 BOX 386 LODI CA 95240 CTRUCKPK.LST/TXTW.02M