California Assembly Bill AB2228 Amended / Bill

 BILL NUMBER: AB 2228AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 8, 2010 INTRODUCED BY Assembly Member Lieu FEBRUARY 18, 2010 An act to amend Section 22507.5 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 2228, as amended, Lieu. Vehicles: overnight parking. Existing law authorizes local authorities, by ordinance or resolution, to, among other things, prohibit or restrict the parking or standing of vehicles on certain streets or highways, or portions thereof, between the hours of 2 a.m. and 6 a.m.  The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, and authorizes the California Coastal Commission to issue permits for, and to regulate, various types of developments within the coastal zone.   This bill would make technical, nonsubstantive changes to that law.   This bill would provide that the City of Los Angeles is not required to obtain a permit or approval from the commission to establish an overnight parking restriction on public streets by nonresidents between the hours of 2 a.m. and 5:00 a.m. in the Venice coastal zone. The bill would also authorize the City of Los Angeles to establish a system of permits for purposes of exempting residents of the Venice coastal zone from the parking restrictions.   This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Los Angeles.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 22507.5 of the Vehicle Code is amended to read: 22507.5. (a) Notwithstanding Section 22507, a local authority may, by ordinance or resolution, prohibit or restrict the parking or standing of vehicles on certain streets or highways, or portions thereof, between the hours of 2 a.m. and 6 a.m., and may, by ordinance or resolution, prohibit or restrict the parking or standing, on a street, or portion thereof, in a residential district, of commercial vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or more. The ordinance or resolution relating to parking between the hours of 2 a.m. and 6 a.m. may provide for a system of permits for the purpose of exempting from the prohibition or restriction of the ordinance or resolution, disabled persons, residents, and guests of residents of residential areas, including, but not limited to, high-density and multiple-family dwelling areas, lacking adequate offstreet parking facilities. The ordinance or resolution relating to the parking or standing of commercial vehicles in a residential district, however, shall not be effective with respect to  any   a  commercial vehicle, or trailer component thereof, making pickups or deliveries of goods, wares, and merchandise from or to  any   a  building or structure located on the restricted streets or highways or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of a building or structure upon the restricted streets or highways for which a building permit has previously been obtained. (b) Subdivision (a) of this section is applicable to vehicles specified in subdivision (a) of Section 31303, except that an ordinance or resolution adopted pursuant to subdivision (a) of this section shall not permit the parking of those vehicles  that are   which is  otherwise prohibited under this code. (c) For the purpose of implementing this section, a local authority may, by ordinance, define the term "residential district" in accordance with its zoning ordinance. The ordinance is not effective unless the legislative body of the local authority holds a public hearing on the proposed ordinance prior to its adoption, with notice of the public hearing given in accordance with Section 65090 of the Government Code.  (d) (1) Notwithstanding any other law, the City of Los Angeles, regulating overnight parking pursuant to this section, shall not be required to obtain a permit or approval from the California Coastal Commission to establish an overnight parking restriction on public streets by nonresidents between the hours of 2 a.m. and 5:00 a.m. in the Venice coastal zone.   (2) An ordinance or resolution adopted by the City of Los Angeles pursuant to this section may provide for a system of permits for the purpose of exempting residents of the Venice coastal zone from the prohibition or restriction of the ordinance or resolution.   SEC. 2.   The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because for many years the residential neighborhoods of Venice, located in the City of Los Angeles, have been clogged with overnight parking by nonresident vehicles, causing crime, litter, public urination and defecation, late-night noise, public inebriation, and leakage and dumping of raw sewage into yards, alleys, and storm drains.