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Home My WebLink About2365 ORDINANCE NO. 2365 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE CITY OF ARCADIA UNIFORM TRAFFIC ORDINANCE TO AUTHORIZE THE CITY TO RESTRICT DESIGNATED PARKING SPACES AND STALLS IN OFF-STREET PARKING FACILITIES OWNED OR OPERATED BY THE CITY FOR THE EXCLUSIVE PURPOSE OF CHARGING AND PARKING A VEHICLE THAT IS CONNECTED FOR ELECTRIC CHARGING PURPOSES AND TO CAUSE THE REMOVAL OF VEHICLES NOT CONNECTED FOR ELECTRIC CHARGING PURPOSES WHEREAS, the City of Arcadia ("City") is a Charter City, duly organized under the constitution and laws of the State of California; and WHEREAS, Article XI, section 7 of the California Constitution grants City broad discretionary power to "make and enforce within its limits all local police, sanitary, and other ordinances and regulations not in conflict with general laws"; and WHEREAS, City currently controls its traffic administration, regulation and enforcement through City of Arcadia Uniform Traffic Ordinance ("UTO"); and WHEREAS, Vehicle Code section 22511 ("Section 22511") authorizes City to designate by ordinance or resolution stalls or spaces in an off-street parking facility owned or operated by City for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes. Section 22511 further grants to City the authority, after notifying City's police department and upon satisfying certain requirements and conditions outlined in Section 22511, including necessary signage, to cause the removal of a vehicle that is not connected for electric charging purposes from any such designated space or stall; and WHEREAS, pursuant to Vehicle Code Section 22511.1, no person shall park or leave standing a vehicle in a space designated pursuant to Section 22511 unless the vehicle is connected for electric charging purposes, and no person shall obstruct, block, 1 or otherwise bar access to a such designed space except a vehicle that is connected for electric charging purposes; and WHEREAS, City now desires to amend its UTO to authorize City to restrict designated spaces in off-street parking facilities owned or operated by City for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes and to cause the removal of vehicles in violation of same; and WHEREAS, these proposed regulations are designed to protect and promote public health, safety, community welfare, aesthetics and the unique setting and views of City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3214.19 Chapter 2 of Article 3 of the Arcadia Municipal Code is hereby amended by adding to read as follows: "3214.19. - SECTION 10.18 ADDED. To Article X of said Uniform Traffic Ordinance is added Section 10.18 and its subsections as follows: Section 10.18. Restricted Parking for Vehicles Connected to Electric Charging Stations. a. Definitions. As used in this section, the below words shall have the meanings ascribed to them herein: (1) "Designated Space" shall mean a parking stall or space in an off- street parking facility owned or operated by the City designated by the City Council by ordinance or resolution to be used for the exclusive purpose of charging and parking a vehicle that is connected for electric charging purposes and that has posted an Electric Vehicle Parking Sign in conformity with this section 10.18. 2 (2) "Electric Vehicle Parking Sign" shall mean a sign placed by the City Traffic Engineer or his or her designee at an off-site parking facility containing a Designated Space. An Electric Vehicle Parking Sign shall be no less than 17 by 22 inches in size with lettering not less than one inch in height that clearly and conspicuously states the following: "Unauthorized vehicles not connected for electric charging purposes will be towed away at owner's expense. Towed vehicles may be reclaimed at Jan's Towing, 1045 W. Kirkwall Road, Azusa, California 91702 or by telephoning (626) 914-1841 or Arcadia Police Department (626) 574-5150." An Electric Vehicle Sign shall be posted either (1) immediately adjacent to, and visible from, a Designated Space, or (2) in a conspicuous place at each entrance to the off-street parking facility containing the Designated Space. (3) "Garage" shall mean a building or other space wherein the business of storing or safekeeping vehicles of a type to be registered under the Vehicle Code and which belong to members of the general public is conducted for compensation. b. A person shall not park or leave standing a vehicle in a Designated Space unless the vehicle is connected for electric charging purposes. c. A person shall not obstruct, block, or otherwise bar access to a Designated Space unless the vehicle is connected for electric charging purposes. d. The City, as owner or operator of the off-street parking facility containing a Designated Space, after notifying its police department, may cause the removal of a vehicle in violation of subsection (b), subsection (c), or subsection (d), of this section from a Designated Space to the nearest Garage that is owned, leased, or approved for use by the City. e. The provisions of this section do not exempt a person or his or her vehicle from compliance with any and all other parking regulations set forth in this Uniform Traffic Ordinance or the Arcadia Municipal Code." SECTION 3. CEQA. The City Council determines that this Code amendment is not subject to environmental review under the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines (14 Cal. Code Regs., § 15000 et seq.) sections 15060(c)(3) and 15061(b)(3). Pursuant to State CEQA Guidelines section 15060(c)(3), the proposed parking restrictions do not constitute a project under CEQA as it has no potential to result in a direct or reasonably foreseeable indirect physical change 3 in the environment. Further, pursuant to State CEQA Guidelines section 15061(b)(3), CEQA only applies to projects with the potential for causing a significant effect on the environment, and here the proposed parking restrictions will not result in a significant effect on the environment. The City Council further finds that none of the exceptions to these exemptions, found in State CEQA Guidelines section 15300.2 apply. City staff is hereby directed to file with the County Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance. SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council of the City of Arcadia hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published at least once in the official newspaper of the City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty-first (31st) day after its adoption. [SIGNATURES ON THE FOLLOWING PAGE] 4 Passed, approved, and adopted this 1 9th day of November , 2019. t �'/ //��' ti :or of the City of Arcadia ATTEST: ,diody Cit Jerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2365 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 19th day of November, 2019 and that said Ordinance was adopted by the following vote, to wit: AYES: Amundson, Beck, Tay, Chandler, and Verlato NOES: None ABSENT: None • j 'Ierk oft - ity of Arcadia 6