HomeMy WebLinkAboutORD 1500 (2019)ORDINANCE NO. 1500
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 5331 (STOPPING,
STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN
STREETS), SUBSECTION "N" (PARKING BY PERMIT ONLY); AND ADDING A
NEW SUBSECTION "O" TO SECTION 5331 OF THE TUSTIN CITY CODE
REGARDING THE CITY'S PERMIT PARKING PROGRAM.
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, HEREBY
FINDS AND DETERMINES AS FOLLOWS:
WHEREAS, 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
WHEREAS, Section 5331(n) of the Tustin City Code currently designates public
streets within the City that require a special parking permit to park vehicles between
the hours of 2:00 a.m. and 6:00 a.m., seven (7) days a week; and
WHEREAS, an amendment to Tustin City Code section 5331(n) will remove
unnecessary language that refers to an outdated City Council Resolution; and
WHEREAS, the adoption of Tustin City Code section 5331(o) will refer readers
to newly amended Policies and Procedures for Preferential Permit Parking on public
streets both within and outside the Old Town Residential Areas; and
WHEREAS, the proposed code amendment and adoption are reasonably
necessary to protect the health, safety, and welfare of the citizens of the City.
THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct, and are
incorporated herein by reference.
SECTION 2. Section 5331, subsection "n(15)" of the Tustin City Code is hereby
amended to read in its entirety as follows:
Ordinance No. 1500
Page 1 of 4
"(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
Street 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."
SECTION 3. Section 5331 is hereby amended to add a new subsection "o" to read as
follows:
"o Policies and Procedures for Parking by Permit Only"
"(1) The Policies and Procedures for Preferential Permit
Parking on Public Streets Within the Old Town Residential
Area, as those streets are designated in subsection n(15),
are set forth in City Council Resolution No. 19-09, as the
same may be amended from time to time."
"(2) The Policies and Procedures for Preferential Permit
Parking on Public Streets Outside the Old Town
Residential Area, as those streets are designated in
subsections n(1) through n(14) and n(16), shall be set forth
in City Council Resolution No. 19-10, as the same may be
amended from time to time."
SECTION 4. CEQA. Public Resources Code § 21065 defines "project" as "an activity
which may cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment." The proposed Ordinance
does not have the potential to result in either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment,
as the Ordinance does not call for any change in the existing environmental conditions
within the City. The proposed Ordinance merely revises existing law granting eligible
residents special parking permits and does not authorize new programs or
activities. Accordingly, the Ordinance is not a "project" subject to CEQA. (Public
Resources Code § 21065; CEQA Guidelines § 15378(a).)
Ordinance No. 1500
Page 2of4
Even if the Ordinance could be construed to be a project subject to CEQA, the
proposed Ordinance is exempt. CEQA's Class 1 Exemption applies to the operation,
repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public
or private structures, facilities, mechanical equipment, or topographical features,
involving negligible or no expansion of existing or former use at the time of the lead
agency's CEQA determination. (CEQA Guidelines, § 15301.) Because the proposed
Ordinance merely revises existing law granting eligible residents special parking
permits and does not authorize new programs or activities, the proposed Ordinance
calls for the continued operation of existing public or private facilities involving no
expansion of the existing uses. As a result, the proposed Ordinance is exempt from
CEQA pursuant to the Class 1 exemption.
SECTION 5. This Ordinance shall take effect the 31 st day following the adoption of this
Ordinance by the City Council. Upon the effective date of this Ordinance, the
provisions hereof shall supersede any inconsistent or conflicting provisions of the
Tustin City Code.
SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council hereby declares that it
would have adopted this Ordinance and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be
declared invalid or unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City
of Tustin on this 5th day of March, 2019.
CHARLES E. PUCKETT,
Mayor
ATTEST:
ERICA N. YASUPA,
City Clerk
Ordinance No. 1500
Page 3of4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR. ORDINANCE NO. 1500
I, Erica N. Yasuda, 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.
1500 was duly and regularly introduced and read by title only at the regular meeting of
the City Council held on the 19th day of February, 2019, and was given its second
reading, passed and adopted at a regular meeting of the City Council held on the 5th
day of March, 2019, by the following vote:
COUNCILMEMBER AYES: Puckett, Clark, Cooper, Lumbard (4)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: Bernstein (1)
Ln 1114sa-ze—,
ERICA N. YAS A,
City Clerk
Ordinance No. 1500
Page 4 of 4