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Ordinance Number 1121Page 1 of 9 ORDINANCE NO. 1121 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING TITLE 4, CHAPTER 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO PARKING METERS WHEREAS, the City of San Juan Capistrano, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Vehicle Code Section 22508 authorizes cities to establish parking meter zones within a city; and WHEREAS, metered parking technology has advanced considerably since the adoption of the City’s Parking Meter Ordinance; and WHEREAS, the City Council desires to amend the City’s Parking Meter Ordinance to make certain changes and update the Ordinance language to account for the advancements in technology and strengthen enforcement of the City’s Parking Meter Ordinance. NOW, THEREFORE, the City Council of the City of San Juan Capistrano does ordain as follows: Section 1. Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Amendment to San Juan Capistrano Municipal Code Title 4, Chapter 4. San Juan Capistrano Municipal Code, Title 4, Chapter 4 (“Parking Meters”) is hereby amended and restated as provided in Exhibit “A,” attached hereto and incorporated herein by this reference. Section 3. CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15060(c)(3) because this activity is not a project as defined by Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that it will not have a significant effect or physical change to the environment. Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after adoption. Section 5. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof. Page 2 of 9 Section 6. Custodian of Records. The Custodian of Records for this Ordinance is the City Clerk and the records compromising the administrative record are located at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Section 7. Publication. The City Clerk shall certify to the adoption of this Ordinance and post or publish this Ordinance as required by law. PASSED, APPROVED AND ADOPTED by the City Council of San Juan Capistrano, California, at a regular meeting of the City Council held on the 18th day of June, 2024. City of San Juan Capistrano ________________________________ Sergio Farias, Mayor ATTEST: ________________________________ Christy Jakl, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHRISTY JAKL, City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1121 which was regularly introduced and placed upon its first reading at the Regular Meeting of the City Council on the 4th day of June 2024 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting of the City Council on the 18th day of June 2024 by the following vote, to wit: AYES: COUNCIL MEMBERS: Hart, Campbell and Mayor Farias NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Mayor Pro Tem Bourne RECUSED: COUNCIL MEMBERS: Taylor _____________________________________ CHRISTY JAKL, CITY CLERK Page 3 of 9 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, CHRISTY JAKL, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government Code section 36933(1) of the State of California, on the 5th day of June 2024, at least 5 days prior to the adoption of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING TITLE 4, CHAPTER 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO PARKING METERS This document was posted in the Office of the City Clerk ________________________________ CHRISTY JAKL, CITY CLERK San Juan Capistrano, California STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) I, CHRISTY JAKL, declare as follows: That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in compliance with State laws, Government Code section 36933(1) of the State of California. On the 19th of June 2024, I caused to be posted a certified copy of Ordinance No. 1121, adopted by the City Council on June 18, 2024, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO AMENDING TITLE 4, CHAPTER 4 OF THE SAN JUAN CAPISTRANO MUNICIPAL CODE PERTAINING TO PARKING METERS This document was posted in the Office of the City Clerk ________________________________ CHRISTY JAKL, CITY CLERK San Juan Capistrano, California Page 4 of 9 EXHIBIT “A” Sec. 4-4.01. Chapter not exclusive. The provisions of this chapter imposing a time limit on standing or parking of vehicles shall not release any person from the duty to observe other and more restrictive provisions of the California Vehicle Code or the Ordinances of this City, prohibiting or limiting the standing or parking of vehicles on specified places or at specified times. Sec. 4-4.02. Willfully interfering with legal enforcement of parking spaces. It is unlawful to willfully interfere with legal enforcement or metered or time-limited parking spaces, including but not limited to covering up of license plates, permits, erasing chalking or other markings made by any police officer or other employee or officer of this City from tires by any means other than to leave the parking space and drive along the street. Sec. 4-4.03. Parking meters—Parking meter zone established. Under the authority of California Vehicle Code section 22508, the City Council of the City of San Juan Capistrano shall by ordinance, immediately and hereafter from time to time as traffic conditions require, establish zones to be known as "parking meter zones," and upon such streets or portions of streets of the City of San Juan Capistrano as are selected for the location of the parking meter zones, shall cause parking meters to be installed and shall cause parking meter spaces to be designated as hereinafter provided. The City Council may change or eliminate any of said zones by ordinance. The City’s parking meter zones are as follows: Franciscan Plaza Parking Structure Location: 26732 Verdugo Street Spaces: 1-34 – Overnight Parking Only Seven days a week; 72-hour parking limit $20 per day Spaces: 35-108 – Daily Commuter and All-Day Public Parking $2 all-day parking if parked before 10 am (intended for daily commuters) After 10:00 a.m. Parking $2 hourly parking Page 5 of 9 No overnight parking 2 am to 5 am Spaces: 109-355 – All-Day Public Parking Seven days a week $2 hourly parking No overnight parking 2 am to 5 am Multi-Modal Parking Lot Location: 26732 Verdugo Street Spaces: All parking spaces (73) Rate/Fee: $2.00 Hourly Parking Duration: 4-hour maximum No overnight parking 2 am to 5 am Mission Promenade/Swallows Inn Parking Lot Location: 31775 El Camino Real Spaces: All parking spaces (52) Rate/Fee: $2.00 Hourly Parking Duration: 4-hour maximum No overnight parking 2 am to 5 am Love-Mitchell Parking Lot Location: 31811 El Camino Real Spaces: All parking spaces (56) Rate/Fee: $2.00 Hourly Parking Duration: 4-hour maximum No overnight parking 2 am to 5 am Page 6 of 9 Sec. 4-4.04 Parking meters – Parking meter zone fees The rates or fees for parking meters located within the designated parking meter zones shall be pursuant to the rates set forth in Section 4-4.03. Notwithstanding the foregoing, these rates or fees shall vary as determined by the City Council based on the following criteria: - Special events - Holidays - Peak demand - Reduction of traffic congestion - Tourism and visitor management - Promotion of public transportation - Promotion of off-peak parking Sec. 4-4.05. Parking meters—Installation authority. The City Manager, or his or her designee, is authorized to install or place parking meters in such parking meter zones provided for herein, or to be provided for hereafter, and the City Manager is authorized to maintain said meters in good workable condition. Regulation and control of parking or standing of vehicles may be by parking meters, parking attendants, automated self-pay machines, app-based mobile pay parking or other appropriate means or technologies. Sec. 4-4.06. Parking meters—Indication of time limit. Parking meters installed in the parking meter zones established, as provided in Section 4-4.03, shall, upon parking in a designated parking space, display or confirm by some other means, including, but not limited to, a physical automated pay station receipt or an app-based mobile pay parking receipt, the amount of time purchased for legal parking and the expiration of said legal parking time. Sec. 4-4.07. Parking meters—Parking spaces—Designation. The City Manager, or his or her designee, is authorized to have lines or markings painted or placed upon the lot or curb and/or the street adjacent to any parking meter for the purpose of designating the parking space for which the meter is to be used, and each vehicle parking alongside of or next to any parking meter shall park within the lines or marking so Page 7 of 9 established. It is unlawful and a violation of this title to park any vehicle across any such line or marking or to park said vehicle in such position that the same shall not be entirely within the area so designated by such lines or markings. Sec. 4-4.08. Parking meters—Parking spaces—Deposit of payment. It is unlawful to park any vehicle in any space controlled by a parking meter located in accordance with the provisions of this title, without immediately initiating the payment transaction using some form of legal payment of the United States and operate the parking meter in accordance with the instructions thereon. Sec. 4-4.09. Parking meters—Hours of operation. Parking meters in parking meter zones, shall be operated in said parking meter zones at days and hours as established and amended by the City Council. Sec. 4-4.10. Parking meters—Overtime parking prohibited. A vehicle will be deemed to have been stopped, parked or left standing for longer than the time allowed in this section, if it has not been moved at least out of the block face following the expiration of the posted time limit in a timed parking zone. A block face consists of the legal parking spaces on both sides of the street on a block in which the vehicle is parked, bounded by an intersection at each end. A vehicle may not re-park in the same block face sooner than a timeout period equal to double the posted time limit following the time at which a vehicle was initially parked. Sec. 4-4.11. Parking meters—Collections and maintenance. It shall be the duty and responsibility of the City Manager to appoint a designee to make collections from and maintain parking meters. Sec. 4-4.12. Parking meters—Installation in parking meter district. Parking meters shall be installed for parking meter zones, except spaces in red, white, blue, or yellow zones, and excepting zones designated by the Traffic Engineer. The City Council, by resolution, may exclude the installation of parking meters, in the parking meter zone, in green zones existing or hereafter established adjacent to buildings used exclusively by any public agency for public or governmental purposes. Sec. 4-4.13. Parking meters—Parking spaces—Parking when meter expired. It is unlawful to park, or permit to be parked, in a metered parking space any vehicle, except a commercial vehicle when loading or unloading materials during any time the parking meter is expired. The time of loading or unloading shall not exceed twenty (20) Page 8 of 9 minutes. Sec. 4-4.14. Parking meters—Operation. Every person who operates a parking meter shall be responsible for establishing confirmation that the payment transaction has successfully completed. It is unlawful for any person to complete a payment transaction via a parking meter without the consent or knowledge of the owner or operator of the vehicle parked in the space for which the payment transaction is designated. Sec. 4-4.15. Parking meters—Tampering with is unlawful. It is unlawful for any unauthorized person to open, or for any person to tamper with or impair the usefulness or appearance of any parking meter. Sec. 4-4.16. Parking meters—Attaching to or leaning objects against unlawful. It is unlawful for any person to attach anything to or allow a bicycle, newsrack, or other article or thing to lean against a parking meter or parking meter standard. Sec. 4-4.17. Parking lots—Parking spaces—Designation. The City Manager, or his or her designee, is authorized to have lines or markings painted or placed upon the parking lot for the purpose of designating the parking space each vehicle parking shall park within the lines or marking so established. It is unlawful and a violation of this title to park any vehicle across any such line or marking or to park said vehicle in such position that the same shall not be entirely within the area so designated by such lines or markings. Sec. 4-4.18. Time limited parking lots. A. The time limited parking lots are subject to a time limit on parking in addition to applicable rules and regulations as may be established by the City Council by resolution. B. It is prohibited to park in a time limited parking Lot for more than the applicable posted time limit as designated by the Traffic Engineer or as may be established by the City Council by resolution. Sec. 4-4.19. Parking lots—Pay machines. When fees have been established and pay machines have been installed in parking lots, pay machines shall post the amount of fees to be paid. Sec. 4-4.20. Parking lots—Parking fees. Page 9 of 9 Unless otherwise included within an established parking meter zone as set forth in Section 4-4.03, the City Council shall establish or modify fees for parking within parking lots by ordinance or resolution. When such fees have been established signs shall be posted in parking lots on pay machines giving such notice.