Ordinance No. XX-2024 Page 1 of 3
DRAFT
ORDINANCE NO. XX-2024
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FREMONT AMENDING SECTION 10.05.630 OF THE FREMONT
MUNICIPAL CODE TO UPDATE CITY PARKING REGULATIONS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. LEGISLATIVE FINDINGS AND DECLARATIONS.
The City Council hereby adopts the following findings and declarations in support of this ordinance.
A. The California Vehicle Code, including Sections 22500 and 22507, prohibit the stopping, standing, and parking of vehicles in certain locations and authorizes the City of Fremont (“City”) to establish its own regulations that are not in conflict with state law by resolution or ordinance.
B. The City’s regulations regarding stopping, standing and parking are codified in the Fremont Municipal Code, Title 10, Chapter 10.05, Article X.
C. The term “daylighting” refers to a strategy to improve visibility at intersections by prohibiting parking within a certain distance of an intersection and crosswalks.
C. This ordinance amends the City’s parking regulations to incorporate new state legislation and existing California Vehicle Code regulations to enable the City implement “daylighting” which would increase visibility at intersections by prohibiting parking within a certain distance of intersections and crosswalks thereby improving safety for pedestrians, bicyclists, and motor vehicles.
D. The Council has considered all relevant information, the staff report, oral testimony if any, and all other information presented during the open and properly agendized City Council meeting, and adopts the findings herein.
SECTION 2. FREMONT MUNICIPAL CODE CHAPTER 10.05, AMENDED.
Fremont Municipal Code Title 10 (Vehicles and Traffic), Chapter 10.05 (Traffic Regulations), Article X (Stopping, Standing and Parking), Section 10.05.630 (Stopping or Parking Prohibited – Signs Required) is amended to read as follows (additions are shown as underlined text and deletions as strikethrough):
10.05.630 Stopping, standing, or parking prohibited – Signs required.
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Ordinance No. XX-2024 Page 2 of 3
(a) A person shall not stop, park, or leave standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device, in any of the following places:
(1) Within 20 feet of the vehicle approach side of any marked or unmarked crosswalk or within 15 feet of any crosswalk where a curb extension is present. Signs or curb paint is not required.
(b)(a) The city manager shall appropriately sign or mark the following places and when so signed or marked no person shall stop, stand or park a vehicle at in any of such places:
(1) At any place within 20 feet of a crosswalk at an intersection in any business district except that a bus may stop at a designated bus stop.
(2) Within 20 feet of the approach to any traffic signal, boulevard stop sign or official electric flashing device.
(3) At any place where the city manager determines that it is necessary in order to eliminate dangerous traffic hazards.
(c)(b) The city manager shall appropriately sign or mark any locations in the city within 50 100 feet from an intersectionng street or right-of-way extension, on certain streets or portions thereof, when the city manager determines it is necessary to prohibit parking of vehicles with an overall height of eight six feet or greater as measured from the ground, including any load thereon, except excluding for incidental equipment such as roof racks; and, when so signed or marked, no person shall stand, stop or park such a vehicle in any such place.
SECTION 3. CEQA.
The City Council finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3) and 15378, that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment and is a governmental activity that will not result in direct or indirect physical changes in the environment.
SECTION 4. 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 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.
SECTION 5. EFFECTIVE DATE.
This ordinance shall take effect thirty (30) days after its adoption. The ordinance, as amended, Formatted: Underline
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Ordinance No. XX-2024 Page 3 of 3
shall supersede any other city ordinance in conflict herewith.
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 _________, 2024 and adopted at a regular meeting of the City Council held on the ____day of _______________, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney