HomeMy WebLinkAbout07 PERMIT PKG, ORD 1362 & RES 09-11 03-17-09~~.
\\ r_•'
AGENDA REPORT
Agenda Item 7
Reviewed:
City Manager
Finance Director
MEETING DATE: MARCH 17, 2009
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: TIM D. BEREFT, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: AMEND CITY CODE SECTION 5331 n BY ORDINANCE 1362 TO
APPROVE PERMIT ONLY PARKING ZONES BY RESOLUTION AND
CONSIDERATION OF RESOLUTION 09-11 FOR THE ESTABLISHMENT
OF PREFERENTIAL PERMIT PARKING ALONG COPPERFIELD DRIVE,
RED HILL AVENUE TO SANDBROOK DRIVE
SUMMARY
It is proposed to modify the procedure for designation of permit-only parking areas to allow
the City Council to approve the designations of such areas by Resolution rather than by
Ordinance. Doing so would save time in future approvals or amendments to such parking
zones.
In addition, residents of Copperfield Drive have expressed concerns regarding an overflow
of parking from adjacent apartments. These residents have requested that the City
establish overnight on-street permit parking and designate Copperfield Drive as an on-
street permit parking zone.
RECOMMENDATION
It is recommended that the City Council:
A. Authorize the first reading, by title only and introduction, of the attached Ordinance
1362 to amend the Tustin City Code to allow future permit-only parking zone
designations to be made by City Council Resolution rather than Ordinance; and
B. Approve Resolution 09-11 identifying all existing permit-only parking zones, and
designating Copperfield Drive, Red Hill Avenue to Sandbrook Drive for parking by
permit only (to take effect when Ordinance 1362 takes effect).
FISCAL IMPACT
There will be no fiscal impact to allow the list of permit-only parking areas to be amended by
resolution. However, it is estimated that the cost to install permit parking signage along
Copperfield Drive is $700.00. Funding is currently available in the Public Works/Engineering
Division and Field Services operating budgets to accommodate this work.
Approval of Ordinance No. 1362 and Resolution 09-11
March 17, 2009
Page 2
BACKGROUND
A. Amendment of Tustin City Code Section 5331 n.
All existing permit-only parking zones are designated expressly in the Tustin City Code
Section 5331 n (attached). Because designations have occurred that way, amendments to
add or delete areas designated for permit-only parking zones have required adoption of an
ordinance to amend the City Code itself.
Ordinances require two readings before enactment and do not take effect until the 31st day
after enactment. Resolutions may be adopted without a second reading and may take
effect immediately. Therefore, amending the City Code to allow designation of permit-only
parking zones by Resolution will expedite the process in the future.
The attached Ordinance 1362 would amend Tustin City Code 5331 to allow future
designations to occur by City Council Resolution. Section 5331 n would also be amended
to identify certain exemptions from the permit requirement (e.g., for emergency vehicles,
utility vehicles and for vehicles parked when signs are covered in connection with City-
permitted events).
B. Request to Designate Copperfield Drive, Redhill Avenue to Sandbrook Drive, as
Permit-Only Parking Zone
On March 7, 2006 residents of Copperfield Drive between Red Hill Avenue and Sandbrook
Drive signed a petition requesting a permit parking zone on their street. At that time, they
were informed that a new policy for permit parking on public streets was being developed.
On October 7, 2008 the Policy and Procedures for Preferential Permit Parking on Public
Streets was approved by the City Council. Under these guidelines, certain criteria were
identified which must be met in order for a street to qualify for a permit parking zone.
On February 2, 2009 parking was removed on Red Hill Avenue between Sycamore Avenue
and Mitchell Avenue (which includes Red Hill Avenue at Copperfield Drive) in order to
provide six travel lanes. Cars that were previously parked on Red Hill Avenue are now
spilling over onto Copperfield Drive, thereby exacerbating the parking problem on
Copperfield Drive.
As required under the permit parking criteria, the need for permit parking on Copperfield
Drive has been assessed by Public Works staff, with assistance from the Police
Department. Surveys of parked cars were conducted at approximately 5:00 AM on the
days listed below with the following results:
Approval of Ordinance No. 1362 and Resolution 09-11
March 17, 2009
Page 3
Table 1.0 - Copperfield Drive Parking Statistics
Vehicles Registered to Copperfield 5 5 5 6
Vehicles not Registered to Copperfield 21 25 28 33
Total Vehicles: 26 30 33 39
Copperfield Drive is thirty six (36)
feet wide (from curb to curb) and
approximately 850 feet long, with a
parking capacity of approximately
46 vehicles. The photos were taken
at approximately lam in the
morning.
Approval of Ordinance No. 1362 and Resolution 09-11
March 17, 2009
Page 4
Complaints from residents of Copperfield Drive indicate that trash is being left on the street
(including beer cans and bottles); solid waste disposal is being impaired; guest parking is
frequently not available; parked cars frequently partially block driveways; concerns
regarding personal safety have grown due to the frequent presence of strangers in the
neighborhood; and general quality of life has been undermined.
By approving Resolution 09-11, Copperfield Drive will be added to the existing list of
permit-parking only areas. On such streets, a permit is required to park vehicles between
2:00 a.m. and 6:00 a.m., seven days a week. Resolution 09-11 provides this condition
once Ordinance No. 1362 takes effect.
This action is categorically exempt from the California Environmental Quality Act (CEQA)
as provided under CEQA Guidelines Section 15301, Class 1, (Existing Facilities -minor
alteration iryt~ge operation of the existing City roadway system.)
v ~~
i erlet
hector of Public Works/City Engineer
Attachments:
1. Ordinance No. 1362
2. Resolution No. 09-11
3. Tustin City Code Section 5331 n (existing)
4. Location Exhibit
Q~
Dana R. asdan
Engineering Services Manager
S:\City Council Items\2009 Council Items\Coppefield Drive Permit Parking, Ord. 1362 & Reso. 09-11.DOC
ORDINANCE NO. 1362
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE
SUBSECTION 5331n REGARDING DESIGNATION OF ZONES
FOR PARKING BY PERMIT ONLY.
The City Council of the City of Tustin, California, hereby ordains:
SECTION I: The City Council finds and determines:
A. That section 22507(a) of the State of California Vehicle Code grants cities the
authority to establish preferential parking on designated streets or portions thereof,
during all or certain times of the day, upon approval by the City Council of an ordinance
or resolution containing provisions that are reasonable and necessary to assure the
effectiveness of a preferential parking program, and after signs giving adequate notice
of such regulations are placed.
B. That the City Council has determined that, for a variety of reasons that differ
by location in the City, parking in certain locations in the City is impacted, and at times,
residents and their guests are unable to find parking spaces in convenient proximity to
their residences. A lack of adequate parking within convenient proximity to residences
can have an adverse impact on safety of the traveling and pedestrian public, and may
adversely affect the quality of residential living.
C. That the City Council has adopted a ban on parking on some arterial streets in
the City that, in some locations, is causing those who might otherwise park their
vehicles on those streets to park on streets located adjacent to the arterial streets.
Some of those adjacent streets already have limited parking available for residents and
their guests.
D. That in light of the foregoing, it is beneficial to the business merchants, the
residents and to the safety and welfare of the community as a whole, to establish a
process for the designation of locations for preferential parking privileges to better
ensure availability of adequate parking within convenient proximity to residences.
E. That in the past the City has designated the portions of streets affected by
preferential parking restrictions by Ordinance amendment to the City Code Subsection
5331 n.
F. That in order to expedite future designations, the Council prefers to designate
the portions of streets that are subject to preferential parking restrictions through City
Council Resolution rather than through Ordinance amending the City Code.
G. That this Code amendment is regulatory in nature, and the City of Tustin has a
substantial interest in protecting the health and safety and welfare of the public,
including those traveling upon and parking upon City streets.
Ordinance 1362
Page 2
H. That this Ordinance and Code amendment regulates the use of existing public
highways and streets for public health, safety and welfare purposes, directs a minor
alteration in the operation of the City roadway system, and as such, the Class 1 Existing
Facilities exemption in the California Environmental Quality Act Guidelines, Section
15301 applies.
I. That the proposed amendment is reasonably necessary to protect the health,
safety and welfare of the citizens of the City of Tustin.
SECTION II. Subsection 5331 n of the Tustin City Code is hereby amended to read as
follows:
SECTION 5331 STOPPING, STANDING OR PARKING RESTRICTED OR
PROHIBITED ON CERTAIN STREETS
n Parking by Permit Only
(1) Designation by Resolution of Permit-Only Parking Areas. The streets and
portions of streets that are subject to permit-only parking requirements shall be
designated by Resolution of the City Council. Apermit-only parking area shall not be
established on that portion of a street or highway adjacent to residential units for which
Tustin Ordinance 1335 (or any other ordinance) expressly allows on-street parking to
fulfill visitor/guest parking requirements.
(2) Prohibition. Except as otherwise provided in this subsection, it shall be
unlawful for any person to stand or park any vehicle on any street or portion thereof
restricted by resolution of the City Council to permit-only parking during all or certain
portions of the day, provided signs giving notice of said restriction have been posted,
unless a valid parking permit is issued and displayed on the vehicle in accordance with
the terms of the permit.
(3) Exemptions. The restrictions in Subsections (1) and (2) above shall not
apply to:
A. any ambulance, or to a law enforcement or fire department vehicle; or
B. a service, maintenance, construction or other vehicle owned or operated
by a government agency or by an entity governed by the Public Utility
Commission; or
C. any vehicle parked in connection with aCity-permitted event during
which the City covers the signs or otherwise notifies the public that
enforcement of permit-only parking restrictions has been suspended.
Suspension of the restrictions may occur at the discretion of the City
Council, the Chief of Police, or the Public Works Director.
Ordinance 1362
Page 3
(4) Requests to Designate Special Permit Parking Areas. The policies and
procedures to request a study and designation of a permit-only parking area shall be
those Policy and Procedures for Preferential Permit Parking on Public Streets approved
by the City Council on October 7, 2008, as they may be amended from time to time.
(5) Placement of Signs. Upon designation of a permit-only parking restriction
for a street or portion thereof by the City Council, the City Traffic Engineer is authorized
to place and maintain, or cause to be placed and maintained, signs on the restricted
portions of the streets giving notice of the time of the permit-only restrictions.
SECTION III: EFFECTIVE DATE/ENFORCEMENT
This Ordinance shall take effect on the 31St day after it is enacted. Existing permit-only
parking areas for which signs were previously placed shall be enforced upon the
effective date of this Ordinance. Newly designated permit-only parking areas shall be
enforced after signs are placed on the restricted portions of the streets giving notice of
the time of the permit-only parking restrictions.
SECTION IV. SEVERABILITY: If any section, subsection, subdivision,
paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any
reason, held to be unconstitutional or invalid, or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or effectiveness of the remaining
portions of this Ordinance or any part thereof. The City Council hereby declares that it
would have passed this Ordinance and each section, subsection, subdivision, sentence,
clause, and phrase thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional.
PASSED, APPROVED, AND ADOPTED this day of 2009.
Doug Davert, Mayor
ATTEST:
Pamela Stoker, City Clerk
APPROVED AS TO FORM:
DOUGLAS HOLLAND, CITY ATTORNEY
RESOLUTION NO. 09-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA IDENTIFYING ALL EXISTING PERMIT-ONLY PARKING
ZONES, AND DESIGNATING COPPERFIELD DRIVE BETWEEN RED
HILL AVENUE AND SANDBROOK DRIVE FOR PARKING BY PERMIT
ONLY
The City Council of the City of Tustin finds:
A. WHEREAS, the City has received numerous complaints regarding on-street
parking of vehicles overflowing from apartments and condominiums within the City, and
from prohibition of parking on certain arterial streets;
B. WHEREAS, the City Council has determined that the most appropriate
method of managing the problem of overflow street parking in residential areas is the
continuation of existing, and the implementation of new, "Parking by Permit Only" areas
during certain hours for residents of certain streets;
C. WHEREAS, each of the streets designated herein were previously
designated by the City Council for parking by permit only, with the exception of Copperfield
Drive between Red Hill Avenue and Sandbrook Drive, which is added by this Resolution.
D. WHEREAS, adding Copperfield Drive between Red Hill Avenue and
Sandbrook Drive to the list of Permit-only parking streets regulates the use of existing
public highways and streets for public health, safety and welfare purposes, and directs a
minor alteration in the operation of the City roadway system, and as such, is
categorically exempt under the Class 1 Existing Facilities exemption of the California
Environmental Quality Act Guidelines, Section 15301.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1: Pursuant to Section 5331 n of the Tustin City Code, the following
areas are designated permit-only parking areas between the hours of 2:00 a.m. and 6:00
a.m., seven days a week:
(1) Heatherfield Drive and Sandwood Place between Mitchell Avenue and
Cloverbrook Drive.
(2) Rosalie Place and Quent Drive.
(3) Cindy Lane and Letty Lane.
(4) Cloverbrook Drive.
(5) Myrtle Avenue between Second Street and Main Street.
Resolution No. 09-11
Page 2
(6) Main Street between Pasadena Avenue and Pacific Street (north side of
Main Street); Lorelei Lane; and Myrtle Avenue, Medallion Avenue,
California Street, Pacific Street, and Corla Avenue, north of McFadden
Avenue.
(7) South Side of Mitchell Avenue between Heatherfield Drive and Browning
Avenue.
(8) Copperfield Drive between Red Hill Avenue and Sandbrook Drive.
SECTION 2: This resolution shall become effective upon the effective date of
Ordinance 1362.
SECTION 3: If any section, subsection, subdivision, paragraph, sentence, clause,
or phrase in this resolution or any part thereof is for any reason, held to be
unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Resolution or any part thereof. The City Council hereby declares that it would have
passed this resolution and each section, subsection, subdivision, sentence, clause, and
phrase thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, or phrases be declared unconstitutional.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin, California, held on the 17th day of March 2009.
Doug Davert
Mayor
Pamela Stoker
City Clerk
TUSTIN CITY CODE TRAFFIC REGULATIONS 5331m
vehicle arrives at said parking space prior to any vehicle other than his, and who proceeds
beyond said space a distance not to exceed ten (10) feet measured at the rear bumper, for the
purpose of backing his vehicle therein, shall have the right-of--way over any person driving, or
attempting to drive any other vehicle .directly into such curb parking space, and driver of such
other vehicle shall yield the right-of--way to the driver first arrived at said parking space. (Ord.
No. 370, Sec. 2; Ord. No. 885, Sec. 1, 5-2-83)
n Parking by Permit Only
The following area(s) have been designated to require a special parking permit to park
vehicles on the streets between the hours of 2:00 a.m. and 6:00 a.m., seven (7) days a week.
(1) Heatherfield Drive and Sandwood Place between Mitchell Avenue and Cloverbrook
Drive.
(2) Rosalie Place and Quent Drive.
(3) Cindy Lane and Letty Lane. (Ord. No. 985, 5-4-87; Ord. No. 1131, 7-18-94; Ord. No.
;,;~;,,, 1T65, 4-1-96)
(4) Cloverbrook Drive. (Ord. No. 1236, 6-21-O1)
(5) Myrtle Avenue between Second Street and Main Street.
(6) Main Street between Pasadena Avenue and Pacific Street (north side of Main Street);
Lorelei Lane; and Myrtle Avenue, Medallion Avenue, California Street, Pacific Street,
and Corla Avenue, north of McFadden Avenue. (Ord. No. 370, Sec. l; Ord. No. 786, Sec.
20, 2-5-79; Ord. No. 1244, 10-1-01; Ord. No. 1247, 11-5-01)
(7) South Side of Mitchell Avenue between Heatherfield Drive and Browning Avenue.
~- (Ord. No. 1266, 3-3-03)
'"~ 5332 STOPPING FOR LOADING OR UNLOADING ONLY
a Authority to Establish Loading Zones
(1) The City Traffic Engineer is hereby authorized to determine and to mark loading zones
and passenger loading zones as follows:
(a) At any place in the central traffic district or any business district.
(b) Elsewhere in front of the entrance to any place of business or in front of any hall
or place used for the purpose of public assembly.
(2) In no event shall more than one-half of the total curb length in any block be reserved
for loading zone purposes.
(3) Loading zones shall be indicated by yellow paint upon the top of all curbs within such
zones.
(4) Passenger loading zones shall be indicated by white paint upon the top of all curbs in
r said zones.
REV: ~-2003 PS-3-19
z
LL
U
W -
J
t
0
w
z
J
Q o
,~,
~
a
w ~
°
~
J
N BR00
_
Vl
p -
CT. U
Z
O r
a~ Q
~ m
~ ?CENTRAL r
Q ~ CT. PINE ~
~
MITCHELL m TUSTIN CL
cr. li U
YOLANDA
REN CIR
AV.
p
w Q
W p
= z
Q p z
~
o =
SANDWOOD Y
o
~
COPPERFIELD DR. o
o PL.
COPPERFIELD ~
~
DR. ~
m
O
~
Y >
Q >
O Y
O
Q ~ p DR. >
a v o
Z
BIRCHFIELD ~
m
w
w
~
p
o m
w
DR
J
w ~
WALNUT AVENUE `~ ° °
O
p
0
0
D'
W
w
HAMP
AV
(I-5) SANTA ANA FREEWAY
NISSON RD.
'~L
w~
~ma'
p
C~~
SYCAMORE AVE
~ n n
AMHERST RD. ~ HAMPSHIRE RD.
I
>
a
z
Z
w
P ROANOKE xo AV.
Y m ~ a .~~~~O~OQ-
S
~- i
I
o J
~-
Q
w Q Q
ATHER o ~ AV. U
w
Q!
~ ~- _
J ~ ~
Q
W
o
Q ~ ~ O ~' m ~ ~ d
U W U =
~ Q
J rc
m
Z g
U ~ U
~ m Z
Y -
(n
a w
o_ >" a
g
w
~
~
Q
Y
?
U
~ U
= ° ~°
c
i~ ~
o ~
w CENTENNIAL Q a
° PARK " ~ 4