Ordinance No. XX- 2023 Page 1 of 2
DRAFT
ORDINANCE NO. XX-2023
AN ORDINANCE OF THE CITY OF FREMONT AMENDING
CHAPTER 10.05 (TRAFFIC REGULATIONS) OF THE FREMONT
MUNICIPAL CODE TO CONTINUE THE MISSION PEAK
PERMIT PARKING PROGRAM
WHEREAS, pursuant to the authorization set forth in the Vehicle Code, as well as the police power set forth in Article XI, Section 7 of the California Constitution, and this title, the City of Fremont has established a permit parking ordinance for the purpose of providing preferential parking.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. FMC SECTION 10.05.970 AMENDED
Fremont Municipal Code Title 10, Chapter 10.05, Section 10.05.970 is amended to read as follows:
Sec. 10.05.970 Mission Peak neighborhood permit parking area.
This Permit Parking Ordinance shall be a temporary program which shall automatically expire on July 7, 20232033. This Permit Parking Ordinance may be extended only by an ordinance of the city council approved at a public hearing noticed in accordance with Government Code Section 65090, at which the city council finds, after reviewing evidence regarding the effectiveness of the Mission Peak neighborhood permit parking program, that an extension of the Permit Parking Ordinance will be in the best interests of the city.
SECTION 2. CEQA
The City Council determines that this ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) and as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
SECTION 3. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Fremont hereby declares that it would have passed this ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
Ordinance No. XX- 2023 Page 2 of 2
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect and will be enforced thirty (30) days after its adoption.
SECTION 5. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption, this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within fifteen (15) days after adoption of this ordinance, the City Clerk shall cause this ordinance to be published again with the names of those City Council members voting for and against the ordinance. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ___ day of __________, 2023, and finally adopted at a regular meeting of the city council held on the ___ day of__________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney