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HomeMy WebLinkAbout082316 Old Town Steering Committee Agenda In compliance with the Americans Disabilities Act,if you need special assistance to participate in this meeting,please contact the City Clerk's Department at 951-694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting[28 CFR 35.102.35.104 ADA Title II] MEETING NOTICE/AGENDA OLD TOWN STEERING COMMITTEE GREAT OAK CONFERENCE ROOM 41000 MAIN STREET TEMECULA, CALIFORNIA TUESDAY, AUGUST 23, 2016 5:00 PM CALL TO ORDER: ROLL CALL: Mayor Mike Naggar, Council Member Matt Rahn PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Committee on items that are not listed on the agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Committee on an item not listed on the agenda, a "Request to Speak" form should be filled out and filed with the staff liaison. When you are called to speak, please come forward and state your name for the record. For all Public Hearing/Committee Business matters on the agenda, a "Request to Speak" form must be filed with the staff liaison prior to the Committee addressing that item. There is a five-minute (5) time limit for individual speakers. COMMITTEE BUSINESS 1. Main Street Pedal Coach ADJOURNMENT \‘ti)t ef) Date ` Randi Johl, City Clerk NOTICE TO THE PUBLIC The Agenda will be available for viewing, prior to the meeting, at the Main Reception at City Hall—41000 Main Street, Temecula, 8:00 — 5:00 PM as well as on the City's website — www.cityoftemecula.orq. Any staff report/written material pertaining to this meeting will be available, prior to the meeting, for public review at the Main Reception and at the respective meeting. Any Supplemental Material distributed to a majority of the Committee Members regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception. In addition, such material will be made available for review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Hall — 951-694-6444. CITY OF TEMECULA AGENDA REPORT TO: Mayor Mike Naggar/Council Member Matt Rahn FROM: Luke Watson, Director of Community Development DATE: August 23, 2016 SUBJECT: Main Street Pedal Coach in Old Town Temecula PREPARED BY: Scott Cooper, Project Planner III BACKGROUND On May 9, 2016, Main Street Pedal Coach submitted a Pre-Application for a pedal powered "bike bus" for tours and events in Old Town Temecula. These events could include, but are not limited to, pub crawls, progressive dinners, historic tours, and special events. Since the submittal of the Pre-Application, city staff has had several meetings, phone calls, and email exchanges in regards to the project with the applicant including a pre-application meeting with planning at the planning counter. STATE SENATE BILL 530 State Senate Bill No. 530 (SB 530), which passed into law and became effective January 2016, expanded Section 467.5 of the State Vehicle Code's definition of a "pedicab" to include any 4- wheeled device that is primarily or exclusively pedal-powered; has a seating capacity for 8 or more passengers; cannot travel in excess of 15 miles per hour; and, is being used for transporting passengers for hire. The bill also establishes the allowance for alcohol consumption by passengers and gives local agencies the power to adopt their own governing ordinance. In addition, the legislation imposes specific requirements on these operations, including, but not limited to: o local authorization to operate o a maximum seating capacity for 15 passengers o no operation on any highway with a posted speed limit in excess of 30 miles per hour o operator qualifications and training o safety equipment, inspections, financial responsibility o reporting of accidents to the Department of California Highway Patrol o requirement for loading and unloading of passengers, and general operations of pedicabs o the consumption of alcoholic beverages CONSIDERATIONS o How would a pedicab be permitted? The City of Sacramento issues actual pedicab permits and pedicab driver permits. Since there is not a physical location for a pedicab a Conditional Use Permit (CUP) would not be appropriate as findings for approval of a CUP are site specific. Another consideration would be to issue an encroachment permit for each pedicab that would be required to be renewed on a yearly basis. Conditions which normally are placed on CUP's could then be used with an encroachment permit. o Per SB 530 a pedicab shall not load or unload passengers on roadways. Given the traffic, width of streets, and existing parallel parking in the Old Town Area the loading and unloading of passenger's poses a concern that would need to be mitigated. o The size of the Pedal Coach is 6'-3" wide by 20'-5" long, which is comparable to a crew cab/short bed Ford F350 pick-up truck. Given the width of streets in Old Town and the requirements that a pedicab not load or unload passengers on roadways, designated drop-off and pick-up locations may be required. o The operation of a pedicab would require designated routing in an effort to not impede the traffic of Old Town Temecula. o Due to the restrictions on the types of roadways that the pedal coach is allowed on by SB 530, the streets in which the business operation would be permitted is a very limited area. These operations are typically found in larger cities (Austin, Sacramento, San Diego, and San Francisco) with a much greater operation area. In addition, due to the size of the pedal cab, use of the trails system along the creek would be prohibited. WHAT WOULD BE REQUIRED? Per SB 530, a pedicab, with or without an alcohol component, shall be authorized by local ordinance or resolution to operate. City staff would most likely be required to perform research and draft a pedicab ordinance that adheres to the legislation detailed in SB 530 and incorporates additional requirements and restrictions by the City of Temecula that would ultimately be presented to the City Council for a decision. ATTACHMENTS: 1. Mega Cycle Specification Sheet 2. Senate Bill No. 530 MEGA EYCII__ L, pb PEDAL: • t • VEHICLE TYPE Pedal-powered bus I I PASSENGER 16 passengers E _ _ I I CAPACITY 2 team members g _� ,:s,: — PEDALING 1 -----r. I1 ` .., _ RIDERS 4-10 I 4.1..t. -- -1 . . " 5'4'l163cm • ---- 12'i'tau an -- i FRONT TRACK WHEEL RASE(15YI TYPICAL 5-7 mph[8-11 kph] - 6 r/-92cm .0 ]L'5-/en cm — SPEED 140-100 pedal cadence) WIDTH 75-1 LENG,H WEIGHT 1,600 lbs 1726 kg[ -.4•-•.', FRAME Steel and aluminum . , i . l II in BRAKING DISTANCE <10 ft[<3 m] 1 6 STEERING Rack and pinion TURNING RADIUS 25 ft[7-62 m] ' I WHEELS 17 x 7 in/aluminum -- ft = VI _� ,...._81.1;I ; TIRES 225/55R-17 Run Flat -- r FRONT 1 - % I (IA, SUSPENSION Independent with coil springs REAR SUSPENSION Solid Axle with coil springs ' '48' - r FRONT BRAKES Hydraulic disk brakes PARKING BRAKE Hand operated hydraulic 1 • - •EDAL ASSIST` ELECTRICAL • Dual 12v AGM batteries • Built-in smart charger ASSIST Active from 0-7 mph [0-11 kph] • LED lighting(head,tail, brake, and accent) CONTROL Electronic torque control based on load and speed •6 speaker sound system (manual control optional),forward &reverse capable STORAGE • Overhead storage MOTOR 48v A/C motor(20 hp) 100 lb*ft torque • In-floor lockable bins Individual purse/bag hooks BATTERY PACK (4)12v deep cycle,sealed,maintenance free, • Cup holders AGM batteries SAFETY • Forward-seated driver with RUN TIME 5-20 hours depending on incline and duty cycle 180°unobstructed view • DOT approved LED tail lights, CHARGE TIME 2-6 hours depending on state of charge headlights and brake lights MAX INCLINE 10%grade continuous,30% grade intermittent •Pedal Assist(Optional) • Adjustable seats with backs •,,pp°,e.newpmn-I • Low center of gravity PEDALBIZ LLC • Parking brake 281 E 6th Street,Suite 160 _ • Low step running board St,Paul,Minnesota 55101 pb PE DAA I E • Bar hand rail T:651.291.8001/F:651,291•8009 •Rear view mirror www.pedaibiz.com • Horn www.facebaok.comlpedalbirtLC PedalbiLLC2015Spot Shard Ilbw 17015106/011 Bill Text - SB-530 Pedicabs. Page 1 of 3 Ch'd (? ;�;tt[;t. LEGISLATIVE INFORMATION SB-530 Pedlcabs. (2015-2016) Senate Bill No.530 CHAPTER 496 An act to amend Sections 467.5 and 23229 of, and to add Article 4.5 (commencing with Section 21215) to Chapter 1 of Division 11 of, and to repeal Section 21215.2 of, the Vehicle Code, relating to vehicles. [ Approved by Governor October 04, 2015. Filed with Secretary of State October 04, 2015. I LEGISLATIVE COUNSEL'S DIGEST SB 530, Pan. Pedicabs. Existing law generally regulates the operation of bicycles, including, among other things, providing that a person operating a bicycle on the highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle, Including a prohibition against operating a bicycle while under the influence of an alcoholic beverage or any drug. These provisions also apply to a pedicab, as defined. A violation of the provisions regulating the operation of a bicycle or pedicab is an offense. This bill would expand the definition of a pedicab to include a 4-wheeled device that is pnmanly or exclusively pedal-powered, has a seating capacity for 8 or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire, as prescribed. Tile bill would impose specified requirements on these pedicabs defined by the bill, relating to, among other things, a maximum seating capacity for 15 passengers, local authorization to operate, operator qualifications and training, safety equipment, Inspections, financial responsibility, reporting of accidents to the Department of the California Highway Patrol, the loading and unloading of passengers, and general operation of pedicabs. The bill would, until January 1, 2020, establish requirements for pedicabs that allow passenger alcohol consumption. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1.Section 467.5 of the Vehicle Code is amended to read: 447.5."oedicab"means any of the following: (a) A bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that Is operated by a person, and that is being used for transporting passengers for hire. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB530 08/17/2016 Bill Text- SB-530 Pedicabs. Page 2 of 3 (b)A bicycle that pulls a trailer, sidecar, or similar device, that transports, or Is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire. (c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity For eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 2L215)of Chapter 1 of Division 11. SEC.2.Article 4.5 (commencing with Section 21215) is added to Chapter 1 of Division 11 of the Vehicle Code, to read: Article 4.6.Operation of Pedicabs 21215. (a)A pedicab defined in subdivision (c) of Section 467.5 shall operate subject to all of the following requirements: (1)The pedicab shall have a seating capacity for not more than 15 passengers. (2)The pedicab shall be authorized by local ordinance or resolution to operate within the applicable local jurisdiction. (3) The operator of the pedicab shall be at least 21 years of age, with a valid California driver's license. (4)The pedicab shall be equipped with seatbelts for all passengers, seat backs, brakes, reflectors, headlights, and grab rails. The pedicab shall be inspected annually for compliance with the requirements of this paragraph by an entity designated by the local jurisdiction that authorized the pedicab to operate. The entity may charge a reasonable fee to cover the costs of the inspection. A pedicab that does not meet these requirements shall meet these requirements by January 1, 2017,in order to continue operation. (5)The operator of the pedicab shall at all times be able to establish financial responsibility in a minimum amount of one million dollars ($1,000,000) general liability insurance coverage and an additional five hundred thousand dollars ($500,000) general umbrella insurance that covers the pedicab. The local jurisdiction that authorized the pedicab to operate may require additional proof of financial responsibility. (6)A pedicab shall not operate on any highway under the jurisdiction of the local authority unless authorized by resolution or ordinance. A pedicab shall not operate on any freeway and shall not operate on any highway with a posted speed limit in excess of 30 miles per hour,except to cross the highway at an Intersection. (7)The operator of the pedicab shall annually report to the Department of the California Highway Patrol, commencing on January 1, 2016, any accidents caused or experienced by the pedicabs_ (8)The pedicab shall not load or unload passengers on roadways or in the middle of highways. (9)Pedicabs shall be operated as close as practicable to the right-hand curb or edge of the roadway, except when necessary to overtake another vehicle, to avoid a stationary object, or when preparing to make a left turn. (b)This article only applies to pedicabs defined by subdivision (c) of Section 467.5, and does not apply to pedicabs defined in subdivision (a) or(b)of Section 467.5. 21215.2.(a) If alcoholic beverages are consumed on board the pedicab, a pedicab defined in subdivision (c) of Section 467,5 shall additionally operate subject to all of the following requirements: (1)The consumption of alcoholic beverages onboard the pedicab shall be authorized by local ordinance or resolution. (2)An onboard safety monitor who is 21 years of age or older shall be present whenever alcohol is being consumed by passengers during the operation of the pedicab. The onboard safety monitor shall not be under the influence of any alcoholic beverage and shall be considered as driving the pedicab for purposes of Article 2 (Commencing with Section 23152)of Chapter 12 of Division 11 Curing the operation of the pedicab. (3) Both the operator and safety monitor shall have completed either the Licensee Education on Alcohol and Drugs (LEAD) program implemented by the Department of Alcoholic Beverage Control or a training course https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB530 08/17/2016 Bill Text - SB-530 Pedicabs. Page 3 of 3 utilizing the curriculum components recommended by the Responsible Beverage Service Advisory Board established by the Director of Alcoholic Beverage Control, (4)Aicoholic beverages shall not be provided by the operator or onboard safety monitor or any employee or agent of the operator or onboard safety monitor of the pedicab. Alcoholic beverages may only be supplied by the passengers of the pedicab. All alcoholic beverages supplied by passengers of the pedicab shall be in enclosed, sealed, and unopened containers that have been labeled pursuant to Chapter 13 (commencing with Section 25170) of Division 9 of the Business and Professions Code prior to their consumption on board the pedicab. (5) Alcoholic beverages may be consumed by a passenger of the pedicab only while he or she is physically on board and within the pedicab. (6)All passengers shall be 21 years of age or older if alcohol is consumed during the operation of the pedicab. (7)For purposes of this subdivision, passengers who are pedaling the device are not operators. (b)A license or permit From the Department of Alcoholic Beverage Control shall not be required of the operator or onboard safety monitor, so long as neither they, nor their employees or agents sell, serve, or furnish any alcoholic beverage to any passenger. (c) For purposes of this section, "alcoholic beverage" has the same meaning as defined in Section 23004 of the Business and Professions Code. (d)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020,deletes or extends that date. 21215.5.This article does not preclude a local authority from imposing more stnngent operating or equipment requirements on a pedicab subject to this article. SEC.3. Section 23229 of the Vehicle Code is amended to read: 23229. (a) Except as provided in Section 23229.1, Sections 23221 and 23223 do not apply to passengers in any bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, the living quarters of a housecar or camper, or of a pedicab operated pursuant to Article 4.5 (commencing with Section 21215)of Chapter 1. (b) Except as provided in Section 23229.1, Section 23225 does not apply to the driver or owner of a bus, taxicab, or limousine for hire licensed to transport passengers pursuant to the Public Utilities Code or proper local authority, or of a pedicab operated pursuant to Article 4.5(commencing with Section 21215)of Chapter 1. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=20152016i0SB530 08/17/2016