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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week; and WHEREAS, an amendment to Tustin City Code section 5331(n) will remove unnecessary language that refers to an outdated City Council Resolution; and WHEREAS, the adoption of Tustin City Code section 5331(o) will refer readers to newly amended Policies and Procedures for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