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Home My WebLink About08 SECOND READING & ADOPTION OF ORDINANCE NO. 1494MEETING DATE: TO: FROM: SUBJECT: �;lII Ly, I Ly, 1_1 Zvi Agenda Item 8_ AGENDA REPORT Reviewed: City Manager Finance DirectorN/A MARCH 20, 2018 JEFFREY C. PARKER, CITY MANAGER ERICA N. RABE, CITY CLERK SECOND READING AND ADOPTION OF ORDINANCE NO. 1494 Ordinance No. 1494 amends the Tustin City Code by establishing preferential permit only parking in the Old Town residential area. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1494. BACKGROUND: On March 7, 2018, the City Council had first reading by title only of the following Ordinance: ORDINANCE NO. 1494 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING TUSTIN CITY CODE SUBSECTION 5331n TO ESTABLISH PREFERENTIAL PERMIT ONLY PARKING IN THE OLD TOWN RESIDENTIAL AREA Attachment: Ordinance No. 1494 ORDINANCE NO. 1494 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SUBSECTION 5331 n TO ESTABLISH PREFERENTIAL PERMIT ONLY PARKING IN THE OLD TOWN RESIDENTIAL AREA 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 the California Attorney General's Opinion No. 14-304 concluded that local authorities may limit the issuance of long-term preferential parking permits to residents only, but may not distinguish among residents based on the type of dwelling in which they live. F. That many vehicles from other areas of Tustin and from other cities are parked on the residential streets of Old Town. Ordinance No. 1494 Page 1 of 5 G. That illegally parked vehicles frequently obstruct sidewalks, driveways, and visibility. H. That many Old Town residents are concerned that new residential units in the Old Town residential area will exacerbate the demand for on -street parking in the Old Town residential area. I. To address concerns regarding on -street parking in the Old Town residential area, staff has taken several actions including: the facilitation of permit parking requests; increased enforcement; an updated overnight vehicle count; a resident survey; a community workshop; meeting with apartment managers; studying potential parking impacts in conjunction with the proposed Downtown Commercial Core Plan; outreach to the Tustin Acres community; and the distribution of an advisory ballot to property owners and tenants in the Old Town residential area. J. That on February 20, 2018, the City Council considered two (2) alternative permit parking programs for the Old Town residential area and directed staff to set the required ordinance for first reading, develop associated guidelines, and implement permit parking in the Old Town residential area in accordance with Alternative Two. K. That on March 7, 2018, a public meeting was duly noticed, called, and held concerning this Code amendment. L. 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. M. 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 by repealing subsection (5), amending subsection (6), and adding subsection (15) to read in its entirety as follows: 5331 STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS Ordinance No. 1494 Page 2 of 5 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 (4) Cloverbrook Drive (5) Repealed (6) 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 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 Ordinance No. 1494 Page 3 of 5 (13) Shadybrook Drive and Fernbrook Drive (14) Carfax Drive South of Sycamore, Charloma Drive North of Sycamore, Del Amo Avenue West of Mear Lane, Drayton Avenue, and Mear Lane (15) A Street, Myrtle Avenue, and Pasadena Avenue between First Street and Main Street; west side of B Street between First Street and its terminus at Interstate 5; east side of B Street and west side of C Street from Sixth Street to 300 feet north of Sixth Street; California Street; Main Street from State Route 55 to B Street; Pacific Street between First Street and Sixth Street; Second StYeet between Pasadena Avenue and Myrtle Avenue and between Pacific Street and B Street; Third Street between Myrtle Avenue and B Street; north side of Sixth Street between C Street and its terminus at Interstate 5; and south side of Sixth Street between B Street and 670 feet west of B Street. Policies and procedures for permit parking on the aforementioned streets listed in Section (15) shall be as set forth in City Council Resolution No. 18-14. SECTION III: This Ordinance shall become effective on the 31St day after its adoption on the 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 of the City of Tustin on this 20th day of March, 2018. ELWYN A. MURRAY MAYOR Ordinance No. 1494 Page 4 of 5 ATTEST: ERICA N. RABE, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1494 Erica N. Rabe, 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 Ordinance No. 1494 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 7th day of March, 2018, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 20th day of March, 2018, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Erica N. Rabe, City Clerk Published: Ordinance No. 1494 Page 5 of 5