CITY COUNCIL STAFF REPORT
MEETING DATE: SEPTEMBER 2, 2015
PREPARED BY: Renee Gurza, City Attorney
APPROVED BY: City Attorney and City Manager
TITLE
ORDINANCE CLARIFYING THAT THE PROVISIONS OF SECTION 10.40.210 OF THE MORGAN HILL MUNICIPAL CODE APPLY TO PUBLIC STREETS IN RESIDENTIAL AREAS
END
RECOMMENDATION(S)
RECOMMENDATION
1. Open/Close Public Hearing;
2. Waive the first and second reading of the Ordinance amending Morgan Hill Municipal Code Section 10.40.210; and
3. Introduce an Ordinance amending Morgan Hill Municipal Code Section 10.40.210 by title.
BODY
COUNCIL PRIORITIES, GOALS & STRATEGIES:
Ongoing Priorities
Enhancing public safety
Preserving and cultivating public trust
REPORT NARRATIVE:
Section 10.40.210 of the Morgan Hill Municipal Code currently provides that oversized vehicles (meaning vehicles exceeding 22 feet in length or 7 feet in height) cannot stop, stand or park "in a residential zone, as shown on the official zoning map of the City" except for the temporary loading or unloading of items or due to a temporary, unplanned inoperability (not exceeding 10 days).
On its face, this language applies to the parking of oversized vehicles on private property that is residentially zoned, despite the fact that such parking on private land can be allowed in certain instances under City's zoning ordinance and despite the fact that this provision is contained within Title 10 of City's Municipal Code (Vehicles and Traffic), which Title generally pertains to regulations of vehicles on public streets.
The staff report for the ordinance that originally adopted this Municipal Code section, as well as uncodified portions of that ordinance, were clear that this Municipal Code provision was intended to prohibit the parking of oversized vehicles on public streets in residential zones. Unfortunately, this intent was not reflected within the actual language of this Code section.
The proposed ordinance clarifies t...
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