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Home My WebLink About2013-20 - Amending Section 12.68.060 of the Newport Beach Municipal Code to Establish a Residential Parking Permit Program for Aralia StreetORDINANCE NO. 2013 -20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CALIFORNIA AMENDING SECTION 12.68.060 OF THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH A RESIDENTIAL PARKING PERMIT PROGRAM FOR ARALIA STREET WHEREAS, residents and property owners in the area surrounding Corona del Mar High School have expressed concerns about students parking in their neighborhood and impacting parking conditions on the neighborhood streets on days in which school is in session; and WHEREAS, on October 22, 2013 the City Council adopted Resolution No. 2013- 73 finding that parking on Aralia Street is regularly and substantially interfered with by the use of students parking for the purposes of attending Corona del Mar High School between the hours of 7:00 a.m. and 4:00 p.m. on days in which school is in session; and WHEREAS, by its action in adopting Resolution No.2013 -73 City Council limited the parking of vehicles on Aralia Street between the hours of 7:00 a.m. and 4:00 p.m. on days in which school is in session; and WHEREAS, the City has explored possible improvements with representatives of the Newport Mesa Unified School District but recognizes that there will be continued pressure for students to park in the surrounding neighborhood; and WHEREAS, the majority of residents adjacent to the street on which parking is limited pursuant to Resolution No, 2013 -73 desire, agree and request preferential parking privileges; and WHEREAS, Newport Beach Municipal Code Section 12.68.060 authorizes the City Council to designate certain residential streets or any portion thereof as preferential parking zones for the benefit of residents adjacent thereto, in which zones vehicles displaying a permit may be exempt from parking prohibitions or restrictions otherwise posted, marked, or noticed; and WHEREAS, the City Council does hereby find that a preferential parking zone for the street where parking is limited between the hours of 7:00 a.m. and 4:00 p.m. on days in which school is in session pursuant to Resolution No. 2013 -73 is required to enhance and protect the quality of life in the area of Aralia Street is desirable in order to alleviate parking impacts resulting from long -term nonresident parking; and necessary to provide reasonably available and convenient parking for the benefit of the adjacent residents. 6E THE CITY COUNCIL OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Section 12.68.060 C. is added to the Newport Beach Municipal Code to read as follows: 12.68.060 C. Zone °3" — Aralia Street. Parking on the following street shall be limited to one (1) hour duration on school days between the hours of 7:00 a.m. and 4:00 p.m., except by permit. 1. Aralia Street SECTION 2. The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. SECTION 3: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4. The City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(C)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly, Alternatively, the City Council finds the approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. sm This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 22nd day of October, 2013, and adopted on the 12th day of November, 2013, by the following vote, to -wit: AYES, COUNCILMEMBERS Gardner, Petros, Hill, Selich, Henn, Mayor Curry NOES, COUNCILMEMBERS None RECUSED, COUNCILMEMBERS: Daigle ABSENT COUNCILMEMBERS None KEITH D. CURRY, MAYOR ATTEST: LEILANI I, BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY -3- STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2013 -20 was duly and regularly introduced on the 22nd day of October, 2013, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of November, 2013, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Hill, Selich, Henn, Mayor Curry Nays: None Recused: Daigle IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of November, 2013. CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2013 -20 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: Introduced Ordinance: October 26, 2013 Adopted Ordinance: November 16, 2013 /� �� In witness whereof, I have hereunto subscribed my name this U`� �/1 day of P,V 2013. RNA c City Clerk City of Newport Beach, California (Seal)