HomeMy WebLinkAboutOrdinance 2825 N.C.S. 11/07/2022 DocuSign Envelope ID:01A1F17A-E65D-4840-90C4-D2C8915BD04E
EFFECTIVE DATE
OF ORDINANCE ORDINANCE NO. 2825 N.C.S.
December 7, 2022
Introduced by: Mike Healy Seconded by: Dennis Pocekay
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
AMENDING PETALUMA MUNICIPAL CODE SECTION 11.48.085
(PARKING IN SPACES FOR THE DISABLED)
WHEREAS, California Vehicle Code Section 22507 authorizes cities to prohibit and restrict the stopping,
parking, or standing of vehicles on certain streets or highways during all or certain hours of the day; and
WHEREAS, California Vehicle Code Section 22519 authorizes cities to prohibit and restrict the stopping,
parking, or standing of vehicles on any off street parking facility which it owns; and
WHEREAS, Petaluma Municipal Code Section 11.48.085 regulates the use, preservation of, access to, and
identification of parking spaces reserved for the use of disabled persons in the city; and
WHEREAS, this ordinance amends Section 11.48.085 to prohibit parking in the crosshatched area adjacent
to parking spaces designated for disabled persons in accordance with California Vehicle Code Section 22507.8;
and
WHEREAS, this ordinance is exempt from the requirements of the California Environmental Quality Act
(CEQA) in accordance with CEQA Guidelines Section 15378, in that amending the Petaluma Municipal Code to
prohibit parking in the crosshatched markings adjacent to parking spaces reserved for disabled persons does not
meet CEQA's definition of a "project," because the action does not have the potential for resulting in either a
direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment
because the existing City parking regulations already make parking in crosshatched spaces illegal, and this
ordinance will permit City staff to enforce the prohibition; and
WHEREAS, if this ordinance were a "project" under CEQA, it would be categorically exempt under CEQA
Guidelines Section 15061(b)(3) because it can be seen with certainty for the reasons described in these recitals
that there is no possibility that this ordinance could have a significant impact on the environment; and
WHEREAS,this ordinance is exempt from CEQA requirements pursuant to CEQA Guidelines Section 15304
as enforcement of the prohibition against parking in cross hatched makings adjacent to parking spaces reserved
for disabled persons is a minor alteration to the condition of land by permitting the citing of people who park
illegally in these locations in violation of the California Vehicle Code;
WHEREAS, on October 17, 2022, City Council considered the amendments and approved the proposed
amendments by a vote of 5-0 with two absent.
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Petaluma, as follows:
Section 1. Recitals Incorporated The City Council finds and determines the foregoing recitals are true and
correct and hereby incorporates the recitals as findings and determinations of the City Council.
Ordinance No. 2825 N.C.S. Page 1
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Section 2. CEOA Compliance This ordinance is exempt from the requirements of the California Environmental
Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378 in that amending the Petaluma
Municipal Code to prohibit parking in the crosshatched markings adjacent to parking spaces reserved for disabled
persons does not meet CEQA's definition of a "project," because the action does not have the potential for
resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change
in the environment because the existing City parking regulations already make parking in crosshatched spaces
illegal, and this ordinance will permit City staff to enforce the prohibition. If this ordinance were a"project"under
CEQA, it would be categorically exempt under CEQA Guidelines Section 15061(b)(3) because it can be seen
with certainty for the reasons described in the recitals incorporated into this ordinance that there is no possibility
that this ordinance could have a significant impact on the environment. This ordinance is also exempt from CEQA
requirements pursuant to CEQA Guidelines Section 15304 as enforcement of the prohibition against parking in
cross hatched makings adjacent to parking spaces reserved for disabled persons is a minor alteration to the
condition of land by permitting the citing of people who park illegally in these locations in violation of the
California Vehicle Code and the Petaluma Municipal Code.
Section 3. Section 11.48.085 Amended Petaluma Municipal Code Section 11.4.085 is hereby amended to read
as follows (s4ikethr-e =deletion; underline= addition):
A. It is unlawful for any person to park or leave standing any vehicle in any stall or space designated for
disabled persons and disabled veterans unless the vehicle displays either a special identification license
plate or placard issued to disabled persons pursuant to the California Vehicle Code Sections: 5007,
22511.55, 22511.591.
B. It is unlawful for any person to obstruct,block, or otherwise bar access to those parking stalls or spaces in
either of the following places:
1. On the lines marking the boundaries of a parking stall or space designated for disabled persons or
veterans.
2. Blocking the sidewalk access ramps for wheelchair occupants.
C. A disabled person parking space shall be identified by a ,.,,ri,b ina4ie e the following:
1. For on 9n street parking:
a. The posting of a disabled person metal sign and one of the following:
(1) A blue curb or
(2) A painted profile view of an outline depicting a wheelchair with occupant.
2. For off Off street parking:
a. Posting a disabled persons parking sign and a blue curb marking or by outlining or
painting the stall or space in blue and outlining on the ground in the staff or space in
white or suitable contrasting color a profile view depicting a wheelchair with occupant.
D. Any area of the pavement adjacent to a parking stall or space designated for disabled persons or disabled
veterans that is marked by crosshatched lines is intended for the loading and unloading of vehicles parked
in the stall or space designated for disabled persons or disabled veterans.
E. It is unlawful for any person to park or leave standing any vehicle,including a vehicle displa3dng a special
identification license plate issued pursuant to California Vehicle Code Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59 of the California Vehicle Code in any area of
the pavement adjacent to a parking stall or space designated for disabled persons or disabled veterans that
is marked by crosshatched lines.
'https:Hle ing fo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=VEH
Ordinance No. 2825 N.C.S. Page 2
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Section 4. Severability If any part of this ordinance is for any reason held to be unconstitutional, unlawful or
otherwise invalid by a court of competent jurisdiction, such decision will not affect the validity of the remaining
parts of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and
adopted this ordinance and each of its provisions irrespective of any part being held invalid.
Section 5.Effective Date This ordinance shall become effective: thirty(30) days after the date of its adoption by
the Petaluma City Council.
Section 6. Posting/Publishing of Notice The City Clerk is hereby directed to post and/or publish this ordinance
or a synopsis of it for the period and in the manner required by the City Charter.
INTRODUCED and ordered published and posted this 17th day of October 2022 by the following vote:
Ayes: Barrett, Fischer, Healy, McDonnell, Pocekay
Noes: None
Abstain: None
Absent: Barnacle, King
ADOPTED this 7th day of November 2022 by the following vote:
Ayes: Barrett, Barnacle, Fischer, Healy, McDonnell, Pocekay
Noes: None
Abstain: None
Absent: King
FDocuSigned by:
So, bayyt-f
AB895 6DAD4
eresa arre ;Mayor
ATTEST: APPROVED AS TO FORM:
DocuSigned by: DocuSigned by:
r
ve.,
Ken a awyer, CMC, City Clerk nc TO y04�,°ity Attorney
Ordinance No. 2825 N.C.S. Page 3