HomeMy WebLinkAboutORD 1323 (2007)
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.
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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 following 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 within 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
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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
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 15th day of January, 2007.
LOU BONE,
Mayor
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ATTEST:
PAMELA STOKER
City Clerk
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 15th day of
January, 2007, by the following vote:
COUNCILPERSONS AYES: Bone. Amante. Davert. Kawashima. Palmer (5)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILPERSONS ABSENT: None (0)
PAMELA STOKER
City Clerk
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