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HomeMy WebLinkAbout040924-03.1 STUDY STUDY SESSION MEMORANDUM 3.1 TO: Mayor and Town Council April 9, 2024 SUBJECT: Review Proposed Amendments to Traffic and Zoning Ordinances BACKGROUND On a regular basis, Town staff reviews the Municipal Code for required updates or amendments necessary to keep the Code current. Based on recent reviews, staff has identified three amendments to the Code: two involve traffic regulations in Chapter 8 and one involves the regulation of short-term rentals in the zoning ordinance. Each is addressed below. DISCUSSION Traffic Regulations Chapter 8, Article 2 of the Danville Municipal Code contains traffic regulations adopted by ordinance, as opposed to those (like parking and speed limits) adopted by resolution. There are two of these regulations that Town staff recommend be repealed. The first is Section 8-6 which prohibits cruising in the “central traffic area,” which is the downtown commercial district. The ordinance was originally adopted in April 1985 as an urgency ordinance in anticipation of a large “cruise” that was to occur on April 20, 1985. It was subsequently adopted as a regular ordinance. The Town has not enforced the ordinance and could not currently do so because the signs required by the Vehicle Code are not present. More importantly, AB 436, which became effective January 1, 2024, amended the Vehicle Code to remove the ability of cities to prohibit cruising. Repealing the ordinance from the Municipal Code will remove any potential confusion. The second provision recommended for repeal is Section 8-7, which prohibits U-turns on Blemer Road in front of Los Cerros Middle School. This ordinance, along with a companion resolution prohibiting parking in front of the school, was adopted in 1990 at the request of the then-principal at Los Cerros. With the opening of Weber Lane, this regulation is no longer necessary. The Town’s transportation staff recommends repealing the ordinance. Traffic and Zoning Ordinances 2 April 9, 2024 Short Term Rentals In 2016, the Town Council adopted Ordinance No. 2016-02, prohibiting short-term rentals (those of less than 30 days) in all zoning districts allowing residential uses. Town staff recently realized that as part of the complete rewrite of the single and two-family zoning ordinances in 2023 (Ordinances 2023-05 and 2023-06), the language prohibiting short- term rentals was inadvertently left out. In order to reinstate the prohibition, staff will bring forward an ordinance adding that language back into the zoning ordinance. RECOMMENDATION Receive the report and provide direction to Town staff. Prepared by: Robert B. Ewing City Attorney Attachment: Municipal Code Sections 8-6 and 8-7 8-6 CRUISING. 8-6.1 Authority. This section is enacted under California Vehicle Code Section 21100(k). (Ord. #59-85, §1; Ord. #68-85, §1) 8-6.2 Definitions. As used in this section: Central traffic area shall mean the area bordered by and including San Ramon Valley Boulevard at Midland Way and continuing north through South Hartz, Hartz Avenue and Danville Boulevard at Las Barrancas Drive; Kiablo Road at Hartz Avenue east to Camino Tassajara north and south on Railroad Avenue from Linda Mesa Avenue to San Ramon Valley Boulevard. Cruise or cruising shall mean the repetitive driving of a motor vehicle past a traffic control point in traffic which is congested. Driving is considered repetitive if a driver drives past the control point three (3) or more times within a two (2) hour period. Highway and motor vehicle are defined in California Vehicle Code Sections 360 and 415, respectively. (Ord. #59-85, §l; Ord. #68-85, §1) 8-6.3 Cruising Prohibited. a. No person may cruise in the central traffic area. b. This subsection applies only (1) if notice is posted on the streets subject to cruising controls as provided in subsection 8-6.4 and (2) if a driver has been given written notice on a previous trip past the control point and then again passes the control point within a two (2) hour period. (Ord, #59-85, §1; Ord. #68-85, §1) 8-6.4 Posting Streets. The beginning and end of the portions of the streets subject to cruising controls shall be clearly identified by signs which announce the prohibition on cruising. (Ord. #59-85, §1; Ord. #68-85, §1) 8-6.5 Exclusions. This section does not apply to in-service emergency vehicles, taxicabs for hire, buses and other vehicles being driven for business purposes. (Ord. #59-85, §1; Ord. #68-85, §1) 8-6.6 Penalty. A person who violates this section is guilty of an infraction punishable by the penalty stated in Chapter I, Section 1-5. (Ord. #59-85, §1; Ord. #68-85, §1) 8-7 “U”-TURNS. 8-7.1 “U”-Turns Prohibited. a. “U”-Turns are not permitted on Blemer Road between the intersections of Blemer Road and Green Valley Road, and Blemer Road and Blemer Court.