CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Justin J. Martin, Deputy City Manager
DATE: May 17, 2022
SUBJECT: Second Reading and Adoption of Ordinance No. 2022-214, Amending the Laguna Niguel Municipal Code Related to Parking Regulations and Restrictions in City Owned or Maintained Public Parking Facilities
RECOMMENDATION
Staff recommends that the City Council conduct second reading, by title only, and adopt Ordinance No. 2022-214.
ORDINANCE NO. 2022-214
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL
IMPOSING TIME LIMITS AND OTHER RESTRICTIONS FOR
PARKING IN PUBLIC PARKING FACILITIES, REQUIRING PARKING
WITHIN ANY DESIGNATED PAVEMENT MARKINGS, AMENDING
THE LAGUNA NIGUEL MUNICIPAL CODE, AND MAKING A
FINDING OF EXEMPTION UNDER CEQA IN CONNECTION
THEREWITH
BACKGROUND
During the City Council meeting held on May 3, 2022, the City Council discussed and introduced Ordinance No. 2022-214, to provide regulations to public parking facilities that are owned or maintained by the City and/or any other governmental entity. Currently, the City of Laguna Niguel Municipal Code includes provisions on parking regulations, which are contained in Division 4 of Title 7 of the Municipal Code. While the current provisions include regulations specific to streets, highways and residence districts, there is no reference to regulations that apply to public parking facilities that are owned or maintained by the City and/or any other governmental entity. Ordinance No. 2022-214 (Attachment A) serves to provide a specific reference to parking regulations at public parking facilities in the City of Laguna Niguel.
2 ANALYSIS
Examples of public parking facilities include parking lots at City of Laguna Niguel facilities and City parks. For the purposes of Ordinance No. 2022-214, a Public Parking Facility shall be defined as:
"Public parking facility means a ground level surface parking lot or an above- grouna, below ground, or multiple-level parking facility that is owned or operated by the City of Laguna Niguel or any other government entity." Additionally, the Municipal Code currently provides for a maximum vehicle parking time of 72 consecutive hours on City streets and highways. This provision, Section 7-4-603 (b), is silent as it relates to public parking facilities. Ordinance No. 2022-214 amends the existing provision to include public parking facilities as follows:
Maximum parking time. It shall be unlawful to park or stop a vehicle for a period of time longer than 72 consecutive hours upon or within any public parking facility. highway or street.
Section 7-4-603 (a) to (i) includes provisions on prohibited parking in the City. Ordinance No. 2022-215 includes an additional provision (j) which pertains to prohibited parking in a public parking facility. Section 7-4-603 (i) reads as follows:
"Unauthorized parking in public parking facilities. When the City has designated certain property as a public parking facility, or has restricted parking space for parking by permit only, or where signs, lines, or other physical evidence indicates the manner in which motor vehicles must be parked thereon, or restricts the time of day or period of time during which motor vehicles may be left standing thereon, any violation of any such signs, lines, directions, or notices shall constitute a violation of this code."
The final item to be amended is to add a new Section 7-4-608 (Parking within Designated Markings) which reads as follows:
"Sec. 7-4-608. - Parking within Designated Markings. Where any parking space has pavement markings designating the allotted parking space, vehicles shall be parked entirely within the designated limits of such parking space." All of the aforementioned Municipal Code Amendments are included in Ordinance No. 2022-214. Staff recommends that the City Council adopt Ordinance No. 2022-214.
ALTERNATIVES CONSIDERED
The City Council may elect to:
1. Not approve the proposed Ordinance and make no changes to the existing Municipal Code.
3 2. Make additional edits to the provisions of the proposed Ordinance and re-introduce the Ordinance for first reading.
FISCAL REVIEW
Adoption of Ordinance No. 2022-214 has no fiscal impact to the City.
LEGAL REVIEW
The City Attorney's Office has reviewed and approved this report and Ordinance No. 2022-214 as to form and content.
CONCLUSION
Staff recommends that the City Council conduct second reading, by title only, and adopt Ordinance No. 2022-214.
ORDINANCE NO. 2022-214
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL
IMPOSING TIME LIMITS AND OTHER RESTRICTIONS FOR
PARKING IN PUBLIC PARKING FACILITIES, REQUIRING PARKING
WITHIN ANY DESIGNATED PAVEMENT MARKINGS, AMENDING
THE LAGUNA NIGUEL MUNICIPAL CODE, AND MAKING A
FINDING OF EXEMPTION UNDER CEQA IN CONNECTION
THEREWITH
Jamasa Settuman Quati I. Natio
Tamara S. Letourneau Justin J. Martir
City Manager Deputy City Manager
Perri I. Ennis
Kevin G. Ennis, Esq.
City Attorney
Attachment:
A. Ordinance No. 2022-214
4 ATTACHMENT A
Ordinance No. 2022-214 Amending the Laguna Niguel Municipal Code Related to Parking Regulations and Restrictions in City Owned or Maintained Public Parking Facilities
ORDINANCE NO. 2022-214
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL
IMPOSING TIME LIMITS AND OTHER RESTRICTIONS FOR PARKING
IN PUBLIC PARKING FACILITIES, REQUIRING PARKING WITHIN ANY
DESIGNATED PAVEMENT MARKINGS, AMENDING THE LAGUNA
NIGUEL MUNICIPAL CODE, AND MAKING A FINDING OF
EXEMPTION UNDER CEQA IN CONNECTION THEREWITH
The City Council of the City of Laguna Niguel does hereby ordain as follows:
Section 1. Recitals.
a. The City is finding that certain vehicles are parking in City-owned public parking facilities for long durations of time that far exceed 72 consecutive hours. b. In addition, the City is finding some larger vehicles to be occupying more than one designated parking space and thereby parking outside of pavement markings or the designated and allotted parking spaces.
C. As a result of these conditions, there are fewer available parking spaces in the City for short-term parking.
d. The City Council now desires to amend the parking regulations contained in Division 4 of Title 7 of the Laguna Niguel Municipal Code to: (1) add a definition of "public parking facility"; (2) extend the applicability of the 72 hour time limit on parking to vehicles parked within public parking facilities; (3) clarify that any violation of parking signs, lines, directions, or notices shall constitute a violation of the Laguna Niguel Municipal Code; and (4) require vehicles to park within the designated limits of a parking space with pavement markings.
Section 2. Section 7-4-102 (Definitions) of Article 1 (General Provisions) of Division 4 (Traffic Ordinances) of Title 7 (Highways, Rights-of-Way and Vehicles) of the Laguna Niguel Municipal Code is hereby amended by adding a new entry for "public parking facility" to read as follows:
"Public parking facility means a ground level surface parking lot or an above-ground, below ground, or multiple-level parking facility that is owned or operated by the City of Laguna Niguel or any other government entity." Section 3. Subsection (b) of Section 7-4-603 (Prohibited parking) of Article 6 (Stopping, Standing and Parking of Vehicles) of Division 4 (Traffic Ordinances) of Title 7 (Highways, Rights-of-Way and Vehicles) of the Laguna Niguel Municipal Code is hereby amended to read as follows (additions are shown with underlining):
"(b) Maximum parking time. It shall be unlawful to park or stop a vehicle for a period of time longer than 72 consecutive hours upon or within any public parking facility, highway or street.
Ordinance No. 2022-214 Page 2
For purposes of this section, the vehicle shall be considered to have remained parked unless, during any 72-hour period, said vehicle has been removed at least 100 feet from the position it previously occupied; or the odometer on said vehicle exhibits a change of at least one-tenth (1/10 ) of one mile."
Section 4. Section 7-4-603 (Prohibited parking) of Article 6 (Stopping, Standing and Parking of Vehicles) of Division 4 (Traffic Ordinances) of Title 7 (Highways, Rights- of-Way and Vehicles) of the Laguna Niguel Municipal Code is hereby amended by adding a new subsection (j) to read as follows:
"(i) Unauthorized parking in public parking facilities. When the City has designated certain property as a public parking facility, or has restricted parking space for parking by permit only, or where signs, lines, or other physical evidence indicates the manner in which motor vehicles must be parked thereon, or restricts the time of day or period of time during which motor vehicles may be left standing thereon, any violation of any such signs, lines, directions, or notices shall constitute a violation of this code." Section 5. The reference to "Sections 7-4-608 to Section 7-4-699" as "Reserved" that is contained in Article 6 (Stopping, Standing and Parking of Vehicles) of Division 4 (Traffic Ordinances) of Title 7 (Highways, Rights-of-Way and Vehicles) of the Laguna Niguel Municipal Code is hereby changed to refer to "Sections 7-4-609 to 7-4- 699" as being "Reserved" so as to allow for the use of Section 7-4-608.
Section 6. Article 6 (Stopping, Standing and Parking of Vehicles) of Division 4 (Traffic Ordinances) of Title 7 (Highways, Rights-of-Way and Vehicles) of the Laguna Niguel Municipal Code is hereby amended to add a new Section 7-4-608 (Parking within Designated Markings) to read as follows:
"Sec. 7-4-608. - Parking within Designated Markings.
Where any parking space has pavement markings designating the allotted parking space, vehicles shall be parked entirely within the designated limits of such parking space."
Section 7. Exemption from CEQA. The adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) (Pub. Resources Code Section 21000 et seq.) pursuant to State CEQA Guidelines Section 15061(b)(3) because the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The adoption of this Ordinance provides for the amendment of the Laguna Niguel Municipal Code to incorporate additional provisions into the City's Municipal Code regarding prohibited and permissible vehicle parking. These amendments include time limits for parking in public parking facilities, clarifying that certain parking violations constitute a violation of the Laguna Niguel Municipal Code, and requiring parking within the designated limits of a Ordinance No. 2022-214 Page 3
parking space with pavement markings. This Ordinance does not have the possibility of resulting in any physical changes in the environment.
Section 8. Severability. 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, phrases, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 9. Effective Date of Ordinance. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
Section 10. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 17h day of May, 2022.
Elaine Gennawey, Mayor
ATTEST:
Thy M. Merritt, Deputy City Clerk