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HomeMy WebLinkAboutORD 1362 (2009)ORDINANCE NO. 1362 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SUBSECTION 5331n REGARDING DESIGNATION OF ZONES FOR PARKING BY PERMIT ONLY The City Council of the City of Tustin, California, hereby ordains: 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 the City Council has adopted a ban on parking on some arterial streets in the City that, in some locations, is causing those who might otherwise park their vehicles on those streets to park on streets located adjacent to the arterial streets. Some of those adjacent streets already have limited parking available for residents and their guests. D. 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. E. 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. F. That on March 17, 2009, a public hearing was duly noticed, called, and held concerning this Code amendment. Ordinance No. 1362 Page 1 of 3 G. 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. H. 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 to add subsection (8), and to read in its entirety as follows: SECTION 5331 STOPPING, STANDING OR PARKING RESTRICTED OR PROHIBITED ON CERTAIN STREETS 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. (Ord. No. 985, 5-4-87; Ord. No. 1131, 7- 18-94; Ord. No. 1165, 4-1-96) (4) Cloverbrook Drive. (Ord. No. 1236, 5-21-01) (5) Myrtle Avenue between Second Street and Main Street. (6) Main Street between Pasadena Avenue and Pacific Street (north side of Main Street); Lorelei Lane; and Myrtle Avenue, Medallion Avenue, California Street, Pacific Street, and Corla Avenue, north of McFadden Avenue. (Ord. No. 370, Sec. 1; Ord. No. 786, Sec. 20, 2-5- 79; Ord. No. 1244, 10-1-01; Ord. No. 1247, 11-5-01) (7) South Side of Mitchell Avenue between Heatherfield Drive and Browning Avenue. (Ord. No. 1266, 3-3-03) (8) Copperfield Drive between Red Hill Avenue and Sandbrook Drive. SECTION III: EFFECTIVE DATE/ENFORCEMENT. This Ordinance shall take effect on the 31St day after it is enacted. Existing permit-only parking areas for which signs were previously placed shall continue to be enforced upon the effective date of this Ordinance. The newly designated permit-only parking area (on Copperfield between Red Hill Avenue and Sandbrook Drive) shall be enforced after signs are placed on the restricted portions of the street giving notice of the time of the permit-only parking restrictions. Ordinance No. 1362 Page 2 of 3 SECTION IV. SEVERABILITY. 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 any one or more sections, subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 7th day of April, 2009. 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 5; that the above and foregoing Ordinance No. 1362 was dul~r and regularly introduced at a regular meeting of the Tustin City Council, held on the 17t day of March, 2009 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 7th day of April, 2009 by the following vote: COUNCILMEMBER AYES: Davert. Amante, Gavello, Nielsen (4) COUNCILMEMBER NOES: Palmer (1) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: None (0) PAMELA STOKE CITY CLERK Ordinance No. 1362 Page 3 of 3