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Home My WebLink About09 SECOND READING AND ADOPTION OF ORDINANCE NO. 14580�AGENDA REPORT MEETING DATE: TO: FROM: SUBJECT: SUMMARY: DECEMBER 1. 2015 JEFFREY C. PARKER, CITY MANAGER ERICA N. RABE. CITY CLERK Agenda Item 9 Reviewed: City Manager Finance Director i NIA SECOND READING AND ADOPTION OF ORDINANCE NO. 1458 Ordinance No. 1458 amends Tustin City Code Section 5331n by establishing preferential permit only parking within the Walnut Park/Broadmoor neighborhood summary. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1458 (roll call vote). BACKGROUND: On October 6, 2015, the City Council had first reading by title only of the following Ordinance: ORDINANCE NO. 1458 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 On October 20, 2015, the City Council had second reading of Ordinance No. 1458 and continued the item to allow the Homeowners Association to provide a recommendation to the City of Tustin within 90 days. On November 22, 2015, the City Council received correspondence dated November 20, 2015 from the Walnut Park Homeowners Association requesting the City Council to implement permit parking. Attachments: 1. Ordinance No. 1458 2. Correspondence from the Walnut Park Homeowners Association dated November 20, 2015 Attachment 1 Ordinance No. 1458 ORDINANCE NO. 1458 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 as follows: 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 for 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 October 6, 2015, 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. Ordinance No. 1458 Page 1 of 4 G. 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 add subsection (12) and to read in its entirety as follows: 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 Lefty Lane (4) Cloverbrook Drive (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 (7) South side of Mitchell Avenue between Heatherfield Drive and Browning Avenue (8) Copperfield Drive between Red Hill Avenue and Sandbrook Drive (9) Sandfield Place between Browning Avenue and Fernbrook Drive (10) Debusk Lane; Raleigh Place; Walter Avenue; and Del Amo Avenue Ordinance No. 1458 Page 2 of 4 between Nisson Road and Mitchell Avenue (11) Carfax Avenue and Utt Drive between Mitchell Avenue and Nisson Road; Charloma Drive and Woodlawn Avenue between Veeh Drive and Nisson Road; North side of Mitchell Avenue between Carfax Avenue and Utt Drive; and Veeh Drive (12) Almside Drive, Atherton Lane, Birmingham Place, Denbigh Lane, Foresterra Lane, Grassmere Lane, Hamlet Lane, Kipling Lane, Langdale Lane, Penrith Lane, Tenby Lane, Tupelo Lane, Walden Lane, Wildeve Lane, and Windemere Lane SECTION III: This Ordinance shall become effective on the 31St day after its adoption on second reading. The newly designated permit -only parking area shall be enforced after signs are placed on the restricted portions of the City streets giving notice of the permit - only parking restrictions. SECTION IV: 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 hereof, 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 for the City of Tustin on the 20th day of October 2015. CHARLES E. PUCKETT, Mayor ATTEST: ERICA N. RABE, City Clerk Ordinance No. 1458 Page 3 of 4 APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1458 I, ERICA N. RABE, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1458 was duly and regularly introduced at a regular meeting of the Tustin City Council held on the 6th day of October 2015 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 20`h day of October 2015 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE, City Clerk Ordinance No. 1458 Page 4 of 4 Attachment 2 Correspondence from the Walnut Park Homeowners Association Walnut Park Homeowners Association c/o Angie Wahl, Secretary 1301 Windemere Lane Tustin, CA 92780 a_wahl@sbcglobal.net November 20, 2015 City of Tustin California Atm. City Council 300 Centennial Way Tustin, CA 92780 cc: Krys Saldivar Public Works Manager City of Tustin Public Works/Engineering RE: Walnut Park Community Permit Parking, Ordinance No. 1458 Esteemed Mayor and City Council: As requested in the October 20, 2015 City Council meeting, the Board of Directors for the Home Owner Association for Walnut Park Community advertised a meeting to ensure all interested homeowners would have input and met with them to discuss the parking situation. The intent was to get a consensus and provide the City Council with our recommendation. During the meeting, we discussed the requirement to use existing garage and carport space for parking, and the willingness of the Tustin Police Department to review exceptions on a case-by- case basis. We also validated that our garages are built up to code and can accommodate two regularly sized cars. In addition to the lack of available parking, homeowners noted the trash that is left by outsiders, fire hydrants, handicapped ramps and driveways blocked by outsiders and the reduction of property value and overall quality of life due to the overcrowded parking. The overwhelming consensus of the homeowners was FOR implementing permit parking in our community. Of those present, 93% present at this meeting were in favor of implementing the ordinance as soon as possible, many citing holiday gatherings that are affected by the lack of available parking. It is the recommendation of the Walnut Park HOA on behalf of the homeowners that the City of Tustin implement permit parking within our association as soon as feasibly possible. Please let us know when you can put this issue back on the City Council's meeting agenda so we can inform our interested homeowners, who wish to attend the meeting. You can reach me at my e-mail address: a wahlgsbcglobal.net. If you have any questions, please feel free to contact me. Angie Wahl Secretary, Walnut Park Homeowners Association