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Home My WebLink About21 ORD 1323-PUB PKG AREAS 01-15-07AGENDA REPORT MEETING DATE: JANUARY 15, 2007 TO: WILLIAM HUSTON, CITY MANAGER FROM: OFFICE OF THE CITY CLERK SUBJECT: ORDINANCE SECOND READING - ORDINANCE NO. 1323 - DESIGNATION OF PUBLIC PARKING AREAS SUMMARY: This action recommends an ordinance providing for the designation of public parking areas within the City; adoption of a resolution for the designation of parking spaces owned by the City and located at the Tustin Water Yard parking lot as a public parking area, and includes City Council approval to transmit a proposed Development Agreement recommended for subsequent review and action by the Tustin Planning Commission. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1323 (roll call vote). FISCAL IMPACT: None. BACKGROUND: On January 2,2007, the City Council had first reading by title only and re-introduction of the following Ordinance: ORDINANCE NO. 1323 - An ordinance of the City of Tustin, California, adding Chapter 9 to Article 7 of the Tustin City Code, providing for the designation of public parking areas within the City Maria R. Huizar Chief Deputy City Clerk ORDINANCE NO. 1323 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, ADDING CHAPTER 9 TO ARTICLE 7 OF THE TUSTIN CITY CODE, PROVIDING FOR THE DESIGNATION OF PUBLIC PARKING AREAS WITHIN THE CITY. The City Council of the City of Tustin, California, ordains: SECTION 1. Chapter 9 is added to Article 7 of the Tustin City Code in its entirety to read as follows: Chapter 9 DESIGNATED PUBLIC PARKING AREAS Sections: 7900 - Purpose and Intent 7905 - Designation of Public Parking Areas 7910- Use of Designated Public Parking Areas 7915 - De-Designation of Public Parking Areas . 7920 - Notice and Hearing Requirements 7925 - Establishment of Conditions, Rules and Regulations 7930 - Enforcement of Regulations Applicable to the Designated Public Parking Areas 7900 Purpose and Intent. The purpose of this Chapter is to provide a mechanism by which the City Council may designate available City-owned property as public parking areas in order to increase the availability of parking in certain areas of the City. 7905 Designation of Public Parking Areas. Upon making each of the following findings, the City Council may, by resolution, designate any available and suitable City-owned property within the City, or any portion thereof, as a public parking area: 1. That the designation of the subject property as a public parking area will not be detrimental to the health, safety, peace, morals, comfort, and general welfare of residents or businesses in the area of the designation; and 2. That such designation will not interfere with the public safety or access to the subject property, or with preexisting traffic patterns, as applicable. In determining whether to make such a designation, the City Council shall take into account the existing parking conditions in the area and the extent of the desire and need of residents and/or commercial proprietors in the area for the public parking area. 7910 Use of Designated Public Parking Areas. 523911.1 Any property designated as a public parking area pursuant to this Chapter shall be held open to the general public solely for the purpose of temporary parking of automobiles, trucks, motorcycles, or other motor-driven forms of transportation not in excess of 6,000 pounds gross weight, subject to those conditions, rules, and regulations established by the City Council. Use of designated public parking areas for public parking shall be non-exclusive, and the City Council shall retain the right to concurrently use the property for whatever additional purposes the City Councilor its designee reasonably determines are necessary or convenient and consistent with such parking use. 7915 De-Designation of Public Parking Areas. Upon making each of the fo"lIowing findings, the City Council may, by resolution, de- designate City-owned property previously designated as a public parking area pursuant to Section 7905: 1. That the subject property is needed for a significant public use; 2. That the continued use of the property as a public non-exclusive parking area is inconsistent or incompatible with such other public use; and 3. That the loss of the public parking area will not have a significant adverse impact on parking in the vicinity of the public parking area. 7920 Notice and Hearing Requirements. A. Public Hearing. Prior to the adoption of a resolution designating or de- designating City-owned property as a public parking area, the City Council shall hold a public hearing and shall consider comments received from the public, property owners wjthin 500 feet of the public parking area, and any other interested persons or property owners. B. Notice of Hearing. 1. Publication and Mailing of Notice. The City Clerk shall prepare a notice of the public hearing and shall publish the notice at least once in a newspaper of general circulation within the City of Tustin, no less than ten (10) days prior to the public hearing. Notice of the hearing shall also be mailed or delivered at least ten (10) days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 500 feet of the exterior boundary of the real property constituting the proposed or affected public parking area. 2. Failure to Post Notices. Failure to mail or publish notices as specified in Subsection "B.1" hereof shall not invalidate any proceedings. 3. Filing of Affidavit. Upon completion of the publication and mailing of the notices provided for in Subsection "B.1" hereof, the City Clerk shall cause an affidavit of such mailing or publication to be filed in the permanent records of the particular proceedings to which such notices pertain. 7925 Establishment of Conditions, Rules, and Regulations. The resolution designating a public parking area may provide such special conditions, rules, and regulations, including without limitation, hours of operation and duration, as the City Council deems necessary or appropriate in order to assure proper and appropriate use of designated public parking areas and to prevent interference with the orderly and efficient conduct of the City's business. A written statement or other graphic depiction of such special 523911.1 conditions, rules, and regulations shall, upon adoption by the City Council, be filed in the office of the City Clerk. 7930 Enforcement of Regulations Applicable to the Designated Public Parking Areas. A. Pursuant to Vehicle Code Section 21113, a written statement or other graphic depiction of all special conditions, rules, and regulations adopted per Section 7925 shall, at all times while the same remain effective, be kept on file and available at the office of the City Clerk, for examination by all interested persons. B. The City Manager or the City Manager's designee shall erect, place, and maintain appropriate signs and markings at each designated public parking area giving notice of all special conditions, rules and regulations applicable thereto, adopted per Section 7925 and imposed under Vehicle Code Section 21113. C. Any vehicle operation, parking, stopping, or left standing, and not complying with said special conditions, rules, and regulations, will constitute a violation of Vehicle Code Section 21113, except that subsection (a) of Vehicle Code Section 22507.8 shall apply with respect to unauthorized parking in stalls or spaces designated for physically handicapped persons. Section 2. This Ordinance shall become effective at 12:01 am on the thirty-first day after passage. Section 3. 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 anyone or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional. PASSED, APPROVED, AND ADOPTED this _ day of 2007. LOU BONE, MAYOR ATTEST: PAMELA STOKER, CITY CLERK 523911.1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Interim Ordinance was passed and adopted at a regular meeting of the City Council held on the _ day of , 2007, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, CITY CLERK 523911.1