Yuba County Municipal Code Ch. 9.21 Restrictions on Commercial Vehicle Parking and Storage

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State Law reference— Stopping, standing and parking, Vehicle Code § 22500 et seq.

The purpose and intent of the requirements for parking and storage of commercial vehicles established by this Chapter is to ensure that parking and storage areas on private property are compatible with the surrounding land uses, to preserve peace and good order, to promote the aesthetic beauty of the community and to promote the health, safety and general welfare of the residents of the County of Yuba.

(Prior Code, § 9.21.010; Ord. No. 1442)

The provisions of this Chapter shall apply generally to all property throughout the unincorporated area of the County of Yuba wherein any of the conditions hereinafter specified are found to be in existence.

(Prior Code, § 9.21.012; Ord. No. 1442)

The following definitions shall govern the construction of the words and phrases used in this Chapter:

(1) Commercial vehicle means a motor vehicle of a type required to be registered under this Code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the Gross vehicle weight rating (GVWR) means the weight specified by the manufacturer as the loaded weight of a single vehicle. (Vehicle Code § 350(a))

(2) Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaging in loading or unloading merchandise and passengers. (Vehicle Code § 463)

(3) Residential area means contiguous properties where the majority/predominant use of the land is residential or the properties are improved with single-family dwelling units or multi-housing units.

(4) Stop or stopping means the standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic control device or signal (Vehicle Code § 587).

(5) Standing means a vehicle, whether occupied or not, which has stopped and remains motionless, still or stationary.

(6) Store or storage means the keeping of a vehicle on private property (including vessels, trailers, and recreational vehicles) that is not in regular and frequent use and is being kept or reserved for future use.

(Prior Code, § 9.21.020; Ord. No. 1442)

No person shall park or store a commercial vehicle on private property within the County of Yuba.

(Prior Code, § 9.21.030; Ord. No. 1442)

No person shall cause, allow or permit any vehicle of more than two-ton capacity, which is registered in that person's name or which is operated or controlled by that person to be parked on any public street, thoroughfare, sidewalk or other public way for more than five consecutive hours, except:

(1) When loading or unloading property and time in addition to such five-hour period is necessary to complete such work;

(2) When such vehicle is parked in connection with and in the aid of the performance of a service to or on the property in the block in which such vehicle is parked, and time in addition to such five-hour period is necessary to complete such service.

(Prior Code, § 9.21.040; Ord. No. 1442)

• Commercial vehicles over specified weight parking or standing on residential streets.

The parking or standing of commercial vehicles on streets in residential areas, including self-propelled vehicles with or without trailers, having a manufacturer's gross weight rating of 10,000 pounds or more, and all commercial trailers, is prohibited.

(Prior Code, § 9.21.045; Ord. No. 1442)

• Commercial vehicles over specified length or height parking or standing on residential street.

No person who owns or has possession, custody or control of any commercial vehicle measuring more than 20 feet in length or over eight feet in height shall park or leave standing such vehicle upon any street in a residential district or abutting any property or area within a residential district between the hours of 8:00 p.m. and 8:00 a.m.

(Prior Code, § 9.21.046; Ord. No. 1442)

The parking or storing of the maximum of one commercial vehicle accessory to a commercial use on a lot in the R-1, R-2, R-3, REE or AR/R districts or any residential portion of a plan area or PUD is subject to the following requirements:

(1) The truck is owned by the owner/resident of the property.

(2) No maintenance in regard to the truck tractor is permitted on the property.

(3) The truck- tractor shall be parked or stored entirely on private property; parking or storage of the commercial vehicle in the public right-of-way, front yard setback or front of the house shall not be permitted.

(4) The trailer portion of the truck-tractor shall not be parked on the property.

(5) The truck-tractor shall not enter the property after 10:00 p.m. and shall not leave the property before 7:00 a.m.

(6) The truck-tractor shall not be parked or stored within any required setback as set forth in Title 12 of the County of Yuba Ordinance Code, nor shall any truck-tractor be parked or stored closer than 50 feet from any dwelling on the property or the adjacent property.

(7) Screening of the truck-tractor is required.

(Prior Code, § 9.21.050; Ord. No. 1442)

• Commercial vehicle parking and storage in Commercial and Industrial zones, including areas zoned Rural Commercial "RC."

Parking and/or storage of commercial vehicles is allowed in commercial and industrial zones. Where adjacent to residential areas, vehicles need to be stored a minimum of 50 feet from the property line that is shared with the residential use. The area adjacent to the residential area shall be screened with a minimum of a six-foot masonry wall and evergreen trees planted 30 feet on center. Evergreen shrubs that reach a minimum of 15 feet in height at maturity may be substituted or used in conjunction with the evergreen trees.

(Prior Code, § 9.21.051; Ord. No. 1442)

Parking and storage of commercial vehicles may be allowed by a Conditional Use Permit (CUP) in areas zoned AE or A/RR and in public facilities zones with a five-acre minimum parcel size. Vehicles need to be stored a minimum of 50 feet from the property line and shall be screened from the adjacent property with a combination of evergreen trees or shrubs that reach a minimum of 15 feet in height at maturity.

(Prior Code, § 9.21.053; Ord. No. 1442)

Commercial vehicle parking and storage for onsite agricultural or timber harvesting vehicles is allowed in areas zoned AE and TPZ when associated with an active agricultural or timber harvesting operation.

(Prior Code, § 9.21.055; Ord. No. 1442)

Commercial vehicle parking and storage may be permitted with a conditional use permit in sports and entertainment zones.

(Prior Code, § 9.21.057; Ord. No. 1442)

Commercial vehicle parking and storage is prohibited in all "A" classification flood plain zones.

(Prior Code, § 9.21.059; Ord. No. 1442)

This Chapter shall not apply under the following conditions:

(1) When such commercial vehicle is making pickups and deliveries of goods, wares or merchandise from or to any building or structure located on the residential street.

(2) When such vehicle is parked in connection with and in aid of the performance of a service to or on a property within the residential area.

(3) When such vehicle is engaged in the construction, installation, repair or maintenance of a publicly or privately owned utility facility located within the residential area.

(4) When the area contains property used for commercial or industrial purposes and such vehicle is parked on the property.

(5) When such vehicle is a pickup truck or mounted camper used in daily commuting.

(6) When such vehicle is engaged in the delivering of materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any buildings or structures, for which a building permit has been obtained.

(7) When such vehicle is a bus that is engaged in stopping, standing or parking for the purpose of loading and unloading passengers.

(8) In areas containing developed property zoned AE, when that property is less than 40 acres but the lesser acreage is the current site of a viable agricultural operation.

(9) When the commercial vehicle is any privately, municipally or publicly owned vehicle engaged in work authorized by County permit or County contract.

(Prior Code, § 9.21.060; Ord. No. 1442)

(a) It is unlawful for any person to permit commercial vehicle parking or storage on private property in violation of this Chapter.

(b) Except as hereinafter provided, whenever any provision of this Chapter provides that any act is prohibited or made or declared to be unlawful or a misdemeanor or an infraction, or requires the doing of any act, or declares the failure to do any act unlawful or a misdemeanor or an infraction, the violation of such provision may be charged as an infraction punishable by imposition of the following fines:

(1) Upon a first conviction a fine not to exceed $100.00.

(2) Upon a conviction of violating any provision of this Chapter, and the offense occurred within one year of a separate violation of the same provision of this Chapter which resulted in a conviction, a fine of $200.00. For purposes of this Subsection, a bail forfeiture or a plea of nolo contendere shall be deemed a conviction. The prior conviction shall be alleged on the citation or complaint and either admitted or proven.

(3) Upon a conviction of violating any provision of this Chapter and the offense occurred within one year of two or more separate violations of the same provision of this Chapter which resulted in convictions, a fine not to exceed $500.00. For purposes of this Subsection, a bail forfeiture or a plea of nolo contendere shall be deemed a conviction. The prior convictions shall be alleged on the citation or complaint and either admitted or proven.

(c) Separate Offense. Each hour or part thereof that a person violates or continues to violate any such provision of this Code constitutes a separate offense and may be charged and punished separately without awaiting conviction of any prior violation. Notwithstanding the foregoing, a second citation shall not be issued until the alleged violator has been provided a ten-day period within which to correct the alleged violation unless the violation creates an immediate threat to the public health or safety.

(d) Misdemeanors. Any violation of any provision of this Chapter occurring within one year of three or more separate violations of the same provision of this Code which results in convictions may be charged as a misdemeanor punishable by a fine of not more than $1,000.00 or by imprisonment in a County Jail for not more than six months, or by both that fine and imprisonment. For purposes of this Subsection, a bail forfeiture or a plea of nolo contendere shall be deemed a conviction. The prior convictions shall be alleged on the citation or complaint and either admitted or proven at trial.

(Prior Code, § 9.21.070; Ord. No. 1442)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19, Vehicle Code § 42001.

The Director of the Community Development and Services Agency, or his or her designee, the Yuba County Sheriff and the California Highway Patrol and/or any peace officer within the State of California shall have the duty of enforcing the provisions of this Chapter, and such officials are empowered to issue citations for violations.

(Prior Code, § 9.21.080; Ord. No. 1442)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter, or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.