HomeMy WebLinkAbout11 ORDINANCE NO. 1363Agenda Item 11
Reviewed:
AGENDA REPORT City Manager
Finance Director N A
MEETING DATE: FEBRUARY 16, 2010
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: OFFICE OF THE CITY CLERK
SUBJECT: ORDINANCE NO. 1363 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING
TUSTIN CITY CODE SUBSECTION 5331 n REGARDING
DESIGNATION OF ZONES FOR PARKING BY PERMIT ONLY
SUMMARY:
A resident of Sandfield Place has made a written request to the Public Works
Department for a Preferential Permit Parking Zone along Sandfield Place from Browning
Avenue to Fernbrook Drive. Pursuant to the adopted Policy and Procedures for
Preferential Permit Parking on Public Streets, a parking analysis/evaluation was
conducted by the Department and is being carried forward to City Council for
determination. Ultimately, the City Council may, at its sole discretion, review and
approve or deny any application for Preferential Permit Parking in the interest of
community benefit or public safety.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1363 (roll call vote).
FISCAL IMPACT:
If granted, permits are issued at no fee.
BACKGROUND:
On February 2, 2010, the City Council had first reading by title only and introduction of
the following Ordinance:
ORDINANCE NO. 1363 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE
SUBSECTION 5331 n REGARDING DESIGNATION OF ZONES FOR
PARKING BY PERMIT ONLY
atricia Estrell
City Clerk Services Supervisor
ATTACHMENT: Ordinance No. 1363
ORDINANCE NO. 1363
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 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 far the designation of locations for preferential parking privileges to better
ensure availability of adequate parking within convenient proximity to residences.
D. 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.
E. That on February 2, 2010, a public meeting was duly noticed, called, and
held concerning this Code amendment.
F. That the 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.
G. That the proposed amendment is reasonably necessary to protect the
health, safety and welfare of the citizens of the City of Tustin.
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SECTION II. Subsection 5331 n of the Tustin City Code is hereby amended to add
subsection (9), and to read in its entirety as follows:
SECTION 5331 STOPPING, STANDING OR PARKING RESTRICTED OR
PROHIBITED ON CERTAIN STREETS
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. 1165, 4-1-96)
(4) Cloverbrook Drive. (Ord. No. 1236, 5-21-01)
(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. 1; 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)
(8) Copperfield Drive between Red Hill Avenue and Sandbrook Drive. (Ord. No, 1362).
(9} Sandfield Place between Browning Avenue and Fernbrook Drive.
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 continue to be enforced upon
the effective date of this Ordinance. The newly designated permit-only parking area (on
Sandfield Place between Browning Avenue and Fernbrook Drive) shall be enforced after
signs are placed vn the restricted portions of the street 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
b~dio~
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 2010
ATTEST:
PAMELA STOKER, CITY CLERK
JERRY AMANTE, MAYOR
APPROVED AS TO FORM:
DOUGLAS HOLLAND, CI' A T'ORNEY
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