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HomeMy WebLinkAboutOrdinance 1953 (Parking Time Limits)CLERK'S CERTIFICATE I, LINDSAY LARA, Interim City Clerk of the City of San Rafael, and Interim Ex- Officio Clerk of the Council of said City, do hereby certify that the foregoing ORDINANCE NO. 1953 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE SECTIONS 5.40.030 AND 5.12.090 REGARDING TIME-LIMITED PARKING ON CITY STREETS is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 16 th day of January, 2018; a SUMMARY of Ordinance No. 1953 was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City, held on the 5th day of February, 2018, by the following vote, to wit: AYES: NOES: ABSENT: COUNCll..,MEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips COUNCll..,MEMBERS: None COUNCll..,MEMBERS: Colin WITNESS my hand and the official Seal of the City of San Rafael this 7th day of February, 2018 ~~ LINDSAY LARA Interim City Clerk ORDINANCE NO. 1953 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE SECTIONS 5.40.030 AND 5.12.090 REGARDING TIME-LIMITED PARKING ON CITY STREETS WHEREAS, the City Council wishes to preserve the safety and attractiveness of the City's streets and the functionality for residents and businesses using those streets; and WHEREAS, public streets in the. City of San Rafael are increasingly used to regularly or routinely park or store vehicles for extended periods of time, either for commercial or personal use; and WHEREAS, the City of San Rafael has seen an increase in the number of complaints of stored vehicles and low turnover rates of parked vehicles on public streets; and WHEREAS, the regular storage of vehicles on City streets often creates increased demand for parking spaces, thus creating hazards to vehicular and pedestrian travel and reducing effective ingress and egress of emergency service vehicles when motorists park in areas where parking is prohibited; and WHEREAS, San Rafael Municipal Code Section 5.48.0lD authorizes the City Traffic Engineer to regulate, restrict, or prohibit parking upon specified streets and during specified hours; and WHEREAS, the City Council finds that implementing time limited parking restrictions in some areas that currently have seventy-two (72) hour limits, and giving the City additional powers to enforce such restrictions will decrease the number of vehicles stored on City streets while also reducing spillover of stored and parked vehicles into commerciallbusiness areas that rely on parking for customers and employees; and WHEREAS, the amendments to the San Rafael Municipal Code adopted herein will facilitate the City's ability to effectively enforce its time limited parking restrictions; and WHEREAS, the City Council finds that adoption of this ordinance would provide limitations on the use of public streets for parking, and is therefore categorically exempt from environmental review pursuant to the California Environmental Quality Act ("CEQA") Guidelines Section 15301 concerning the operation or minor alteration of existing public facilities involving negligible or no expansion of use; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1: AMENDMENT. 1 Section 5.40.030 of the San Rafael Municipal Code, entitled "Use of streets for storage of vehicles prohibited" is hereby amended to read in its entirety as follows: (a) No person who owns or has possession, custody or control of any vehicle shall park or leave the vehicle standing upon any street or alley for more than seventy-two (72) consecutive hours, or for longer than any shorter maximum time indicated on posted signs . (b) If signs are posted giving notice of such requirement, then for purposes of this section, a vehicle will be deemed to have been parked or left standing for longer than the time allowed if, after the expiration of the designated time period, the vehicle has not been moved to another location at least 100 feet away; and if, after having been so removed, the vehicle is returned to the original parking space sooner than two hours after that removal. DIVISION 2: AMENDMENT. Section 5.12.090 of the San Rafael Municipal Code, entitled "When vehicles may be removed from streets" is hereby amended to read in its entirety as follows: Any regularly employed and salaried officer of the police department, or any department of management services employee assigned to the enforcement of parking laws and regulations, may remove or cause to be removed: (a) Any vehicle that has been parked or left standing upon a street or highway for seventy-two or more consecutive hours. (b) Any vehicle which is parked or left standing upon a street or highway for longer than the posted parking time limit, where signs are posted giving notice of such removal. (c) Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided, that signs giving notice that such vehicle may be removed are erected or placed at least twenty-four (24) hours prior to the removal. DIVISION 3: SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this 2 Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases be declared invalid. DIVISION 4: PUBLICATION; EFFECTIVE DATE. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of the Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance. ATTEST: 'Xjffcvw- LINDSA Y LARA, Interim City Clerk The foregoing Ordinance No. 1953 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Tuesday, the 16th day of January 2018, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None and will corne up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 5th day of February 2018. LINDSA Y LARA, Interim City Clerk 3