EXHIBIT A ORDINANCE NO. ________________ AN ORDINANCE OF THE COUNTY OF MONTEREY, STATE OF CALIFORNIA, ADDING SECTION 21.64.320 TO THE MONTEREY COUNTY CODE RELATING TO THE PARKING OF COMMERCIAL VEHICLES AND EMERGENCY VEHICLES ON PRIVATE RESIDENTIAL PROPERTY. County Counsel Summary This ordinance allows for the parking of commercial vehicles and emergency vehicles on private residential property, subject to specific standards and requirements. The ordinance will allow property owners who are owners and operators of businesses utilizing commercial vehicles as defined in the ordinance to park commercial vehicles on their private residential property for the purpose of staging and dispatch of the vehicles. The ordinance will also allow for persons utilizing emergency vehicles to park such vehicles on private residential property as an accessory to their residential use. The ordinance also allows for on-site minor maintenance and repair of the vehicles and storage of equipment and materials on site. The Board of Supervisors of the County of Monterey ordains as follows: Section 1. Section 21.64.320 of the Monterey County Code is added to read: Section 21.64.320 Regulations for the Parking of Commercial Vehicles on Private Residential Property A.
Purpose: The purpose of this section is to provide a process whereby a property owner or operator of a business using a commercial vehicle may apply for an Administrative Permit for the parking of the commercial vehicle on private residential property for the purpose of the staging and dispatch of the vehicle. Applicability: The provisions of this section are applicable in all residential zoning districts. Where the provisions of this Section differ from the provisions of other sections of this code, this section shall apply. Definitions: For the purposes of this section, the following definitions apply: 1. Commercial vehicle: Commercial vehicle means any two-axle car, pickup, truck, van or similar vehicle used to transport people, materials, equipment, supplies and similar resources in conjunction with a legally established commercial operation. 2. Emergency vehicle: Emergency vehicle means any authorized emergency vehicle as defined by Section 21055.165 of the California Vehicle Code.
3. Equipment and materials storage: Equipment and materials storage means any equipment and materials required for the minor maintenance and repair of a commercial vehicle or emergency vehicle. 4. Minor maintenance and repair: Minor maintenance and repair means oil change, tune-up, exchange of parts, replacement of external parts and similar routine vehicle maintenance activities. Body and fender repair, painting, dismantling, overhauls or other repairs involving the internal engine, transmission or similar parts is not minor maintenance and repair. Regulations: 1. Parking of Commercial Vehicles: a. Subject to an Administrative Permit in each case, one commercial vehicle may be parked on private property in any residential zoning district. The Director of Planning and Building Inspection is the Appropriate Authority to consider the Administrative Permit. b. Not more than one commercial vehicle may be parked on a residential property. c. All vehicles, employee parking and accessory equipment and materials must be parked or stored in an enclosed area screened from the street fronting the property. d. Only minor maintenance and repairs to the commercial vehicle is allowed on the site. e. All on-site vehicle maintenance and repair activities and vehicle, equipment and materials storage shall occur within an enclosed impervious area that is properly graded and/or bermed for surface drainage into an approved oil/water separator. f. All on-site vehicle maintenance and repair activities and vehicle, equipment and materials storage shall be in accordance with the requirements of the local fire jurisdiction. g. Exterior lighting for the facility shall be approved by the Planning Director. h. Commercial vehicles shall not be allowed to sit and idle while parked on site. i. No other vehicles may be towed to or stored on the site, except the private vehicles of the residents. j. Any modification to the above criteria shall require a Use Permit. The Planning Commission is the appropriate authority to consider the Use Permit. 2. Parking of Emergency Vehicles: a. The parking of emergency vehicles on private residential property is allowed provided that: 1. Only two emergency vehicles are allowed per residential property. 2. Only minor maintenance and repair of the vehicle is allowed on the site. All on-site vehicle maintenance and repair activities and vehicle, equipment and materials storage shall occur within an
enclosed impervious area that is properly graded and/or bermed for surface drainage into an approved oil/water separator. b. Any modification to the above criteria shall require a Use Permit. The Planning Commission is the Appropriate Authority to consider the Use Permit. Section 2:
If any section, subsection, sentence, clause or phrase or this ordinance is for any reason held invalid by a court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this ordinance. The Board of Supervisors declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase therefore, irrespective of the fact that any one section, subsection, sentence, clause, or phrase be declared invalid.
Exhibit C California Vehicle Code 21055. The driver of an authorized emergency vehicle is exempt from Chapter 2 (commencing with Section 21350), Chapter 3 (commencing with Section 21650), Chapter 4 (commencing with Section 21800), Chapter 5 (commencing with Section 21950), Chapter 6 (commencing with 22100), Chapter 7 (commencing with Section 22348), Chapter 8 (commencing with Section 22450), Chapter 9 (commencing with Section 22500), and Chapter 10 (commencing with Section 22650) of this division, and Article 3 (commencing with Section 38305) and Article 4 (commencing with Section 38312) of Chapter 5 of Division 16.5, under all of the following conditions: (a) If the vehicle is being driven in response to an emergency call or while engaged in rescue operations or is being used in the immediate pursuit of an actual or suspected violator of the law or is responding to, but not returning from, a fire alarm, except that fire department vehicles are exempt whether directly responding to an emergency call or operated from one place to another as rendered desirable or necessary by reason of an emergency call and operated to the scene of the emergency or operated from one fire station to another or to some other location by reason of the emergency call. (b) If the driver of the vehicle sounds a siren as may be reasonably necessary and the vehicle displays a lighted red lamp visible from the front as a warning to other drivers and pedestrians. A siren shall not be sounded by an authorized emergency vehicle except when required under this section. 165. An authorized emergency vehicle is: (a) Any publicly owned and operated ambulance, lifeguard, or lifesaving equipment or any privately owned or operated ambulance licensed by the Commissioner of the California Highway Patrol to operate in response to emergency calls. (b) Any publicly owned vehicle operated by the following persons, agencies, or organizations: (1) Any federal, state, or local agency, department, or district employing peace officers as that term is defined in Chapter 4.5 (commencing with Section 830) of Part 2 of Title 3 of the Penal Code, for use by those officers in the performance of their duties. (2) Any forestry or fire department of any public agency or fire department organized as provided in the Health and Safety Code. (c) Any vehicle owned by the state, or any bridge and highway district, and equipped and used either for fighting fires, or towing or servicing other vehicles, caring for injured persons, or repairing
damaged lighting or electrical equipment. (d) Any state-owned vehicle used in responding to emergency fire, rescue or communications calls and operated either by the Office of Emergency Services or by any public agency or industrial fire department to which the Office of Emergency Services has assigned the vehicle. (e) Any vehicle owned or operated by any department or agency of the United States government when the vehicle is used in responding to emergency fire, ambulance, or lifesaving calls or is actively engaged in law enforcement work. (f) Any vehicle for which an authorized emergency vehicle permit has been issued by the Commissioner of the California Highway Patrol. 165.5. No act or omission of any rescue team operating in conjunction with an authorized emergency vehicle as defined in Section 165, while attempting to resuscitate any person who is in immediate danger of loss of life, shall impose any liability upon the rescue team or the owners or operators of any authorized emergency vehicle, if good faith is exercised. For the purposes of this section, "rescue team" means a special group of physicians and surgeons, nurses, volunteers, or employees of the owners or operators of the authorized emergency vehicle who have been trained in cardiopulmonary resuscitation and have been designated by the owners or operators of the emergency vehicle to attempt to resuscitate persons who are in immediate danger of loss of life in cases of emergency. This section shall not relieve the owners or operators of any other duty imposed upon them by law for the designation and training of members of a rescue team or for any provisions regarding maintenance of equipment to be used by the rescue team. Members of a rescue team shall receive the training in a program approved by, or conforming to, standards prescribed by an emergency medical care committee established pursuant to Article 3 (commencing with Section 1797.270) of Chapter 4 of Division 2.5 of the Health and Safety Code, or a voluntary area health planning agency established pursuant to Section 127155 of the Health and Safety Code.