BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: AB 213
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  Lowenthal
                                                         VERSION: 3/25/09
          Analysis by: Mark Stivers                      FISCAL:  No
          Hearing date: June 9, 2009






          SUBJECT:

          Left-side parking

          DESCRIPTION:

          This bill allows cities and counties, under specified  
          conditions, to permit parking on the left side of two-way local  
          residential streets that dead-end with no cul-de-sac or other  
          designated turnaround area.

          ANALYSIS:

          Under current law, drivers must generally park their vehicles in  
          the same direction as the flow of traffic (i.e., on the right  
          side of two-way roadways and on either side of one-way  
          roadways).  The premise for this requirement is that it helps to  
          avoid head-on collisions with oncoming traffic that would be  
          risked when entering or exiting parking spaces that face the  
          flow of traffic.  

          Under current law, a driver may back a vehicle onto a street or  
          highway only when such a movement can be made with reasonable  
          safety.

           This bill  allows a city or county, by ordinance or resolution,  
          to permit drivers to park vehicles on the left-hand side of  
          residential streets that dead-end with no cul-de-sac or other  
          designated turnaround area, if the city or county makes a  
          finding supported by a professional engineering study that the  
          ordinance or resolution is justified by the need to facilitate  
          the safe and orderly movement of vehicles.  A city or county may  
          limit application of the ordinance or resolution to certain  
          streets or portions of streets, and the ordinance or resolution  
          does not apply until the city or county erects proper signage.




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          COMMENTS:

           1.Purpose of the bill  .  According to the author, the Peninsula  
            area of Long Beach has a significant number of narrow, parking  
            impacted, dead-end streets with no cul-de-sacs.  It is very  
            difficult for drivers to turn around on these streets, and  
            when they do, the likelihood of a fender bender accident is  
            great.  As a result, residents and visitors have long parked  
            their vehicles facing the wrong direction on the street, in  
            violation of the Vehicle Code.  The city has issued parking  
            citations for these offenses, which has led to frustrated  
            residents who believe it is safer to park facing the wrong  
            direction than to turn around.  This bill allows a city to  
            permit left-side parking on such streets provided that it  
            facilitates the safe and orderly movement of vehicles.

           2.Backing out into traffic  .  The issue raised by this bill is  
            not left-side parking on dead-end streets but the fact that  
            drivers who do not turn around on the side streets are forced  
            to back into the adjacent arterial.  In the case of the  
            Peninsula, this means backing into four-lane Ocean Boulevard.   
            Moreover, because Ocean Boulevard itself dead-ends at the end  
            of the Peninsula, residents entering Ocean Boulevard from the  
            south must either back across two-lanes of eastbound traffic  
            to access the westbound lanes that lead into town and to all  
            other destinations or back into the adjacent eastbound lanes  
            and make a u-turn to head west.  

            The author points out that Peninsula residents have been  
            backing into the immediately adjacent lanes and making later  
            u-turns for some time without any significant negative safety  
            impacts being observed and that neither the Long Beach police  
            nor the city's traffic engineer foresees any detrimental  
            impacts from the continued practice.  Nonetheless, it is this  
            concern that prompted the author to accept the amendment to  
            require a city finding supported by a professional engineering  
            study that left-side parking is justified by the need to  
            facilitate the safe and orderly movement of vehicles.   
            Presumably, the city would still ticket drivers who back  
            across two lanes of traffic to reach the westbound lanes.

           3.Arguments in opposition  .  The California Highway Patrol (CHP)  
            believes that parking concerns affecting a few small streets  
            in selected communities should be handled at the local level  
            without a change to state statutes.  As an alternative, CHP  




          AB 213 (B. LOWENTHAL)                                     Page 3

                                                                       


            encourages the City of Long Beach to provide additional space  
            for vehicles to turn around on the one-way streets by  
            implementing a parking permit system or limiting parking to  
            one side of the street.

          Assembly Votes:
               Floor:    75-0
               Trans:    14-0

          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday,  
                     June 3, 2009)

               SUPPORT:  City of Long Beach (sponsor)
                         American Federation of State, County and  
          Municipal Employees
                         Peninsula Beach Preservation Group
          
               OPPOSED:  California Highway Patrol