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Home My WebLink About08 FIRST READING OF ORDINANCE NO. 1537 - PERMIT PARKING PROGRAMAgenda Item Reviewed: City Manager Finance Director AGENDA REPORT MEETING DATE: OCTOBER 3, 2023 TO: MATTHEW S. WEST, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: FIRST READING OF ORDINANCE NO. 1537 TO AMEND CITY CODE SECTION 5331(N)-(O) FOR THE CITY’S PREFERENTIAL PERMIT PARKING PROGRAM SUMMARY Section 22507(a) of the State of California Vehicle Code grants cities the authority to establish preferential permit 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 permit parking program. On November 15, 2022, the City Council adopted the Tustin Residential Parking Action Plan (PAP), identifying policies, procedures, and management strategies necessary to address the City’s current and future parking needs. On June 6, 2023, consistent with the PAP, the City Council adopted Resolution 23-26 approving the Preferential Permit Parking Program Policies and Procedures “Updated Guidelines” and established Permit Parking District 1 and preferential permit parking fees applicable to all existing or newly established permitted parking areas. An amendment to Section 5331(n)-(o) of the Tustin City Code is necessary to implement the PAP on public residential streets and reflect the City Council’s approval of the Updated Guidelines which also includes the introduction of a Permit Parking District Map encompassing public residential streets eligible for permit parking. RECOMMENDATION That the City Council introduce and have the first reading by title only of Ordinance No. 1537 to amend City Code Section 5331 (Stopping, Standing or Parking Restricted or Prohibited on Certain Streets) and Subsections “n” (Parking by Permit Only and District Map) and “o” (Policies and Procedures for Parking by Permit Only). FISCAL I MPACT There will be no fiscal impact to adoption of the Ordinance. However, further fiscal considerations regarding implementation will be presented through the formal budgetary process or independently as needed. Resolution 23-26 established preferential permit parking fees effective 2024 to offset the costs of administering the City’s preferential permit parking program in accordance with the Updated Guidelines. DocuSign Envelope ID: 23AF8516-502B-4BD4-8D0F-8E099FED4E66 8 N/A DocuSign Envelope ID: E556D097-C0B9-4B73-BB9C-8207B495A271 Ordinance No. 1537 to Amend City Permit Parking Program and Introduce District Map October 3, 2023 Page 2 CORRELATION TO THE STRATEGIC PLAN Permit parking contributes to the fulfillment of the City’s Strategic Plan Goal B: Public Safety and Protection of Assets. Specifically, the Ordinance implements or fosters the implementation of strategy #3, which among other items, is to ensure continuous maintenance and improvement of traffic control and transportation facilities so that Tustin can protect the health and safety and welfare of the public including those traveling upon and parking upon City streets. BACKGROUND Various residential neighborhoods throughout the City experience on-street parking congestion that has resulted from an increase in housing occupancy and spillover parking impacts from permit parking restrictions and neighboring jurisdictions. In October 2019, the City of Tustin (City) retained Dixon Resources Unlimited (DIXON) to help update the City’s Preferential Permit Parking Program and conduct a citywide Residential Parking Study (Study). DIXON has extensive parking and traffic management experience having worked with over 25 public agencies in California as well as those in over 15 other states. The Study included a traffic enforcement ride-along, a review of existing conditions, current parking policies, a comparable cities analysis, and community outreach that was conducted in a series of three (3) virtual community meetings in July, September and October 2021. A priority goal of the update was to align the Preferential Permit Parking (PPP) program and parking management within Tustin’s residential neighborhoods with the 2016 California Attorney General’s opinion (#14-304) and develop an equitable solution that serves the needs of all Tustin residents. The Study resulted in recommendations that became the basis for the PAP which identifies policies, procedures, and strategies necessary to address the City’s current and future residential parking needs. In addition to equitable access, the recommendations also enable a sustainable and efficient program. Ordinance No. 1537 (Attachment 1) amends Section 5331(n)-(o) of the Tustin City Code to implement the PAP for existing permit parking areas, provide the road map for establishing new permit parking areas and reflects the City Council’s approval of the Updated Guidelines. Staff has also provided a map that identifies eligible public residential streets within nineteen (19) Permit Parking Districts as outlined in the PAP (Attachment 2). Notices have been mailed to all residents within existing permit parking areas, to introduce the draft district map and the Updated Guidelines including policies, procedures, associated fees and informing them of tonight’s meeting and proposed actions. ___________________________________ ___________________________________ Douglas S. Stack , P.E. David E. Kendig Director of Public Works/City Engineer City Attorney Attachments: 1. Ordinance No. 1537 2. Permit Parking District Map DocuSign Envelope ID: 23AF8516-502B-4BD4-8D0F-8E099FED4E66DocuSign Envelope ID: E556D097-C0B9-4B73-BB9C-8207B495A271 ATTACHMENT 1 Ordinance No. 1537 DocuSign Envelope ID: 23AF8516-502B-4BD4-8D0F-8E099FED4E66DocuSign Envelope ID: E556D097-C0B9-4B73-BB9C-8207B495A271 ______________________ Ordinance No. 1537 Page 1 of 3 ORDINANCE NO. 1537 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING AND RESTATING TUSTIN CITY CODE SECTION 5331 (STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS) SUBSECTIONS “N” (PARKING BY PERMIT ONLY) AND “O” (POLICIES AND PROCEDURES FOR PARKING BY PERMIT ONLY) REGARDING THE CITY’S PREFERENTAL PERMIT PARKING PROGRAM The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A.That Section 22507(a) of the State of California Vehicle Code grants cities the authority to establish preferential permit 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 permit parking program. B.That on November 15, 2022, the City Council adopted the Tustin Residential Parking Action Plan (PAP), identifying policies, procedures, and management strategies necessary to address the City’s current and future parking needs. C.That on June 6, 2023, consistent with the PAP, the City Council adopted Resolution 23-26 approving updated Preferential Permit Parking Program Policies and Procedures (“Updated Guidelines”). D.That an amendment to Section 5331(n)-(o) of the Tustin City Code is necessary to implement the PAP and reflect the City Council’s approval of the Updated Guidelines. SECTION 2. Section 5331(n) (Parking by Permit Only) and Section 5331(o) (Policies and Procedures for Parking by Permit Only) of Part 3 of Chapter 3 of Article 5 of the Tustin City Code are hereby amended and restated in their entirety to read as follows: 5331 - STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN SREETS n Parking by Permit Only and District Map The City’s preferential parking permit program restricts vehicle parking on certain public streets from 2:00 a.m. and 6:00 a.m., seven (7) days a week, except by permit. The area(s) designated to require a special parking permit are included in the parking DocuSign Envelope ID: 65AA0BCF-D14B-473A-83C8-37AC412CEEEADocuSign Envelope ID: 65AA0BCF-D14B-473A-83C8-37AC412CEEEADocuSign Envelope ID: 23AF8516-502B-4BD4-8D0F-8E099FED4E66DocuSign Envelope ID: E556D097-C0B9-4B73-BB9C-8207B495A271 ______________________ Ordinance No. 1537 Page 2 of 3 district map maintained by, and on file with, the Director of Public Works. New permit parking areas may be established in accordance with the applicable Preferential Permit Parking and Procedures for Parking by Permit Only identified in subsection o below. o Policies and Procedures for Parking by Permit Only The Preferential Permit Parking Program Policies and Procedures for parking by permit only on public streets within the City are set forth in City Council Resolution No. 23-26, as the same may be amended from time to time. SECTION 3. Effective Date. This Ordinance shall take effect on the 31st day after its adoption. The City Clerk or her duly appointed deputy shall certify to adoption of the Ordinance and cause this Ordinance to be published as required by law. SECTION 4 CEQA Exemption. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out 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 of the City of Tustin hereby declares that it would have adopted this Ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 17th day of October 2023. _____________________________________ AUSTIN LUMBARD, Mayor ATTEST: ______________________________ ERICA N. YASUDA, City Clerk DocuSign Envelope ID: 65AA0BCF-D14B-473A-83C8-37AC412CEEEADocuSign Envelope ID: 65AA0BCF-D14B-473A-83C8-37AC412CEEEADocuSign Envelope ID: 23AF8516-502B-4BD4-8D0F-8E099FED4E66DocuSign Envelope ID: E556D097-C0B9-4B73-BB9C-8207B495A271 ______________________ Ordinance No. 1537 Page 3 of 3 APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, 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 five; that the above and foregoing Ordinance No. 1537 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 3rd day of October, 2023, and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2023, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: __________________________ ERICA N. YASUDA, City Clerk DocuSign Envelope ID: 65AA0BCF-D14B-473A-83C8-37AC412CEEEADocuSign Envelope ID: 65AA0BCF-D14B-473A-83C8-37AC412CEEEADocuSign Envelope ID: 23AF8516-502B-4BD4-8D0F-8E099FED4E66DocuSign Envelope ID: E556D097-C0B9-4B73-BB9C-8207B495A271 ATTACHMENT 2 Permit Parking District Map DocuSign Envelope ID: 23AF8516-502B-4BD4-8D0F-8E099FED4E66DocuSign Envelope ID: E556D097-C0B9-4B73-BB9C-8207B495A271 DocuSign Envelope ID: 23AF8516-502B-4BD4-8D0F-8E099FED4E66DocuSign Envelope ID: E556D097-C0B9-4B73-BB9C-8207B495A271