HomeMy WebLinkAboutOrdinance No. 19779daa~t~al~ca~NCa...~.~ .~~~~~?~~C.,o,~a..
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n ~r~d~n~nc~. ~artcernin.q _a:$p~al s~_
rom traffic rotated adm~nistrati
.040, 5.!)45, 5.050, 5,055, 7.~3Q5,
epcat~nq r~eso'lution No. 2414; and
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~~9rnted '!`q ~~ CiEy CounCi~ 1~s
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ORDINANCE fill}. 197'9
A~ CRDINANCir CtTNCERNING !'~,PpEAL~ FRtY.4 'TRAFFIC Ei~Al`ECT
At~iINISTRATIVE DECISIgNS; AMENaiNG SECTIONS 5.035, 5.D4EI,
5.Q45, 5.054, 5.055, 7'.4p5 AND 7.410 OF THE EUGENE CODE, ~St~D;
REPEALING RESOLUTIQI~ N4. X414;' ~ .
TNiw CITY DF EUGENE DOES ORDAIN AS FOLLOWS:
5e~tian i. ~ectiars 5.05, 5.1140, 5.045, 5.D5Q, and 5.055 of the f~ugene
Cade, I SPA I , are amend~yd to pray i de:
5.05 Pawers of the Council. Subject to st<<te laws, the council "hall
exert i s- a af"~m~;n~~c a I traf f i c authax~ i ty except thastti powers specie
fically and expressly delegated herein ar by ordinance.
5.040 Duties of the Cit Mana er.
~I~~xcept as req~~ire by subsection {2} of this section, t'he city
manager ar the manager's designee shall exercise the Following duties try
administratiYe actions:
(a) Implement the ordinances, resolutions and ~atiarrs of the
council and his or her awn orders by installing trai`~ic c~r~tral
devices..
(b) Designate through streets.
(c.) Designate the direction of traffic flaw.
(d) Designate parking meter zones.
(e) Designate truck routes ar streets where trucks are pro-
hibited.
(~) Restrict the use of certain streets by any class ar kind
of vehicle to protect the streets from daaage-.
(g) Authorize greater maximum weights or lengths for vehicles
using city streets than specified by state law r~here not delete"-
sous tQ city streets or public safety.
(hj Establish, maintain, remove, or alter all trai`fic control
areas and traffic control devices including:
1. "Traffic control signals, signs, and pavement hark-
ings.
~. Crosswalks, safety xanes and traffic lanes.
3. Traffic diverters and similar traffic caritrol d'ev~iecs.
4. Intersection channe°lizatian and areas where drivers
of vehicles shall not make right, left, or U-turns a.nd the
time when the prohibition applies.
5, parking areas and time limmtatians, including fire
form of perrnissibl-e parking and any fees therefor.
6. Loading zones and steps for all vehicles.
(i) Issue oversize or overweight vehicle permits.
(,)) Designate certain streets as bridle p ohs and prohibit
bicycles, harse>s and animals on other streets.
Ordinance - 1
(ic) !rouse ~- cont~aual check to be made of traffic aao~vement,
congestion and accidents on the streets of the city and of"ter
appropriate study take appropriate action es provided in thus code,
(lj Deep and maintain a record showing a description oi` all
signs and signals haw installed or hereafter installed nn any
street.
{mJ Close or open any street to vehicular or pedestrian.
traffic. This does not include the authority:
I. 1a abandon; all cr part of a pedestrian mall,
2. To vacate all or part of any street, or to claxe or
open a street which the council ar city manager determi'res is
of community-wi:de interest.
(n) 6~rovide for and regulate access to and from any street,
(oy l3esignate vision safety parking pones.
gyp) Impose conditiCns upon which the streets and other puihlic
property m,~y be used for parking
(qj &rant permission far use of particular streets by one or
more horse drawn wagons or carrfages an a regular ar isolated basix.
(2) blhen state law prescribes s specific procedure before exercis•
ing the authority granted the city manager in this section, or when si;ate
law expressly requires a council action, the city manager shall proceed as
required by such taws. Any council hearing required by s~`~'~ laws shall be
conducted by a hearing official who shalt take the testintir~y and suEunit a
written report of the testimony for c:auncil consideration.
{3l When the city manager or the manager's designee has determined
that an adraini$trative action r~wst 5e implemented inniediately in order to
preserve the public safety, the~~ order shall be effective upon the date speci•
fled in the order nttwithstanding the ability to appeal and review the action
as provided in section 5.Q45.
5.045 A eal.
n
manager or the ma
may appeal. the ac
of this eade 'by f
30 days after the
upon. tin days' pr
hearing an the ap
The hearings offs
using the criteri
vided in subsecti
cial shall be fin
time the decision
vision shall be m
tion ar removal a
the decision shat
(2) Th
shall be reducQd
duration which w~
such appeals, ver
suffice.
(3~ An
~rdinarce 2
y person aggrieved by administrative action of the city
nager's designee taken under the provisions of this chapter
tion to the hearings official appointed under section 2.370
cling hiss/her writt`.;~ abi:ectian with the city manager within
administrative act has occurred. The hearings offi`cial',
for written notice to the aggrieved person, stall conduct a
peal within g0 days of its filing with the city manager.
cial may affirm, modify or repeal the administrative action
a set Earth in section 5.055. Except when reviewed as pro-
on ~3) of this section, the decision of the he rings offs-
al when it is fired. with ttre city recarde 's office. At the
is filed with the city recorder's office a copy of the de-
ailed to the appellant. When the decision concerns installa•
f traffic diverters or the permanent closure Af a street,
l also be promptly distributed to the council.
e time limits set forth in s~absectian (1) of this section
when the action being appealed is for a single event of short
`ll occur within l5 days of" the administrative action. In
bal r-otice to the aggrieved person of tfie hearing shall
y councilor may seek council review of tfie hearing offi-
ciai's decision concerning the installation or removal of traffic diverters
or the permanent closure of a street by filing with the city manager's office
a written request to have placed on the. council's next agenda the eonsidP~^a-
lion of whither the council wilt review the hearings off`icial's decision.
Such request shall be filed within 30 days from the date the hearings offi-
cial's decision is filed with the city recorder. Tf the cauncil agrees to
review the decision, ft sha?1 designate a tame for hearing the matter and
the implementation of the hearings official's decisian shall be suspended
anvil the council decides the matter. "ten days prior written notice of the
council's hearing shall bE mailed to or otherwise delivered to all persons
who appeared before the hearings official. At the council hearing the
council shall consider the record before the hearings official and any addi-
tional evidence and testimony it wishes to consider. After the hearing,
upon consideration of the standards in section 5.b55, the council may affirm,
:mollify or reverse the hearings official's detision. The decision of the
council shalt be final.
5.054 Tem orar~ Traffic Controls. Under conditions constituting a danger
to t e public, tie city manager or the manager's designee mfay in-
stall temporary traffic control devices deemed by hia or her ta'be necessary.
5.055 Criteria for Administrative Actions. The adn~ir~i=_i:-stave action of
t e city manager or t'e managers esigr,ee shah be based upon con-
sideration of:
(a) Traffic engineering principle and traffic investiga-
tions.
(b) Standards, limitations, and rules promulgated by the
Oregon Transportation Commission or the Oreyun Public Utility
Commmissan or their successors.
(e) Other recognized traffic control standards.
(d) The city's adopted. transportation-related plans and
policies.
(e) Existing state and local laws regulating use of public
ways.
(f) The efficient. use of the public way by the public.
(g) The use of abutting property.
(h) The intensity of use of the street by vehicle and
pedestrians.
(i) The physi-cal condit;on and characteristics oi:' the street
and abut+ing property.
(~) Emergencie .
(k) The public health, safety and welfare.
(l) Special events of community i;~ierest including parades
and public gatherings.
(m) Construction within or adjacent to the street.
(n) Ylhen establishing conditions upon the use of parking
permits, parking hoods or authorizations under subsection (2j of
section 5.270s
1. The relative, seasonal and special event demands
for parking spaces within the areas of t~° requested parking;
2. The other public uses for the pro~~erty;
Ordinance - 3
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x
3. The location and physical characteristics of the
parking facilities;
4. The demand for operating revenues, the casts of
operations and enforcement for the parking facilities;
5. The ease of enforcing the provisions of this
chapter; and
6. The availability of other parking spaces.
Section Z. Sections 7.405 and 7.410 of the Eugene Code, 1971, are
amended to provide:
7.405
bi
n5rsvv..ar ~ v~, .
1 No riveway approach shall be permitted to encompass a me•ni-
cipal facility. Under the permit, the applicant may be authorized to relo-
cate a munc#:pal facility, including any within the limits of a curb return
which may be encroached upon as allowed under subsection 7.4':05{3).
(2) At intersections driveway approaches shall be at 1-east 10
feet from the crosswalk a,t the curb line, or 10 feet from the projection of
the property line on the intersecting street when the crosswalk is not
defined.
(3) A map entitled "City of Eugene - Major Streets Requiring
Special Driveway Approach Control" shall be maintained in the department.
The map and subsequent changes thereto shall be approdred by the planning com-
mission. Ali applications for driveway approaches on streets shown on the
map and al'1' commercial and industrial land uses shall be reviewed by the city
manager ar the manager's designee who may alter driveway approach require-
ments from standards provided in this code, based an the following:
{a) To maximize safety for vehicular traffic, or
(b) To praYi'de adequate protection for pedestrians and
bicyclists; or
(c) To provide protection for establishments using
streets for their servica facilities.
{4) ?he city manager or the manager's designee shalt have the
right, after due notice to affected property owners and tenants, to alter and
to revoke curb cut permits when curb cuts are not constructed according to
specification, are not maintained in a safe manner,. or become hazardous due
to traffic congestion.
(5) Any person aggrieved by administrative action of the city man}
tiger or the. manager's designee taken under the provisions of this section may
appeal the action to a hearings official in the same manner as provided in
section 5.045. When rendering a decision the hearings official shall consider
the criteria in subsection 7.4'05(3) as well as the criteria in section 5.05'5
of this Cade.
7.410 Dri:vewa sue- Curb Cut.
The lengt~`~riveway curb cuts shall not exceed the follow-
ing dimensions:.
(a) Each single ownership shall be entitled to a 70-foot
Ordinance - 4
driveway curb cut,
(b) Where a driveway curb cut or curb cuts in excess of d0
feet. are requested for a stngle ownership,. the maximum 1eng~hs
which the city manager ar the manager's designee may approve are
as ~allowss
dumber of
Fron±a a Curb Cuts `total length of Curb Cuts
40 ft. ar less 1 20 feet
Over 40 ft, to 100 ft. 2 20 ft. + 507L of frontage
aver 40 ft.
Over 100 ft, to 200 ft. 3 50 ft. + 349G of frontage
aver 10:0 ft~
Over 20'O ft, to 3!10 ft. 4 ~0 ft. ~ 24~ of frontage
over 200 ft.
Over 300 ft. to S~1c' ft. 5 100 ft. + 10~L of frontage
over 340 ft.
Over 500 ft. 6 120-ft. + 57G of frontage
over '-540 f t .
(2) A safety Island of nat lest than 22 feet oi' full height curb
shall in all cases 6e provided between drive~ray app"ro;a~ches :under one owner-
ship ar where practicable under separate ownership.
(3) 1~he maxim4~m length of a sirg~ie c~~~b cut shall tot exceed 35
feet unless .authorized uy the city r~anager ot~ this manager's designee as pro<
provided in section 7.:445.
(4~ In no event shall the .curb cui; extend beyond' the property
line ar r'i'ghts of the ~swner requesting the eur~r cut, except irr those cases
wh-ere.:
(a) 1"he aci,~acent property owner gives written approval, or
{b) In the opinion of the city manager nr the manager's
designee sac!; a decision is necessary for safe ingress and egress
for t`ha 'traveling public; or
(c~ Two attached single-family dwellings i`a.r the same;
street with side by side parking, in which event, a single cur-b
cut shall be required, acid the property owners shah execute a
recordable agreement providing for the faint use'of the curb cut.
Upon finding-that a single curb: cut would be impractical or unsafe,
the city manager or the manager"s designee may grant an e~Ception
to this requirement..
(5) Upon application of the involved property owners.,. more than
one industrial development site ~aay share a single curb cut in I~1, I-e and
-3 zone ,upon a finding by the city manager ar the manager's designee that
it wily result in safe ingress and egress fnr uers thereof and i:he general
public,
Section 3. Resolution 2414 concerning the Traffic Diverter Policy is
hereby ;°epealed aind the City Manager is requested to establish similar prace~-
dares adn,~;nistratively when considering administrative actions concerning
prdinance - 5
traffic d~v~rters.
Sec4ion ~« The Cfity recorder, at t'he request cf, or with the eoncurre"nce
of the pity Attorney, {s authorized to adminixtratively correct any refnren~e
errors contained fierein or in other provisions of the Eugene Code, 19~I, to
the provisions added, amended or ~epeafi<ed herein
~Q,ttion 5a That t'he matters contained irereit~ concern tyre public r~ert`fare
and safety and therefore, an emergen+~y is hereby declared to exist, and flits
~rdinanc+a shall becpme effective immed{ately upon its passage by thy: Council
and approval by the. Mayor, retention by the 'Mayor for more than ten: days,..
or readoption over a mayoral veto by two thirds of all member`s of the Councils
Passed by the C{ty Cattnc{1 th{s
10th day of ,dune, 1991
~~
C{ty eca er
Approved by tine Mayer this
10th day of June,,,195
~~~ C:
,...Mayor
Ordinance ~ 6