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HomeMy WebLinkAbout2023-101 - Resolution RESOLUTION NO. 2023-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING PARKING RESTRICTIONS AT PARKS AND RECREATIONAL TRAILS AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT A. Recitals 1. Pursuant to California Vehicle Code Section 22519, a city may prohibit, restrict, or regulate the parking, stopping, and standing of vehicles on city-owned or operated off- street parking facilities. 2. Pursuant to California Vehicle Code Section 40203.5, a city may establish penalties for parking violations within its jurisdiction. 3. Pursuant to California Vehicle Code Section 22651(n), a city may authorize the removal of a vehicle that is parked in a prohibited parking space. 4. Pursuant to Rancho Cucamonga Municipal Code Section 12.04.010.C., a person may not enter or remain in a City-owned park or recreational trail between the hours of 10:00 PM and 6:00 AM. As a result, parking a vehicle in the parking lot of a City- owned or operated park or recreational trail is effectively prohibited between such hours. 5. The City Council desires to affirm the restriction on parking vehicles in the parking lots of City-owned parks and recreational trails in the manner set forth in this Resolution. 6. Pursuant to Rancho Cucamonga Municipal Code Section 10.64.030, a person may not park or store any recreational vehicle, trailer, camp trailer, trailer coach, camper or boat upon any public street, highway, or alley within the City for longer than one hour between the hours of 2:00 AM and 6:00 AM on any day. 7. The City Council further desires to protect the constitutional rights of persons experiencing homelessness, who may use their vehicles for shelter, by providing such persons with a safe location within the City of Rancho Cucamonga to park their vehicles for use as a shelter between the hours of 2:00 AM and 6:00 AM. B. Resolution NOW,THEREFORE,the City Council of the City of Rancho Cucamonga does hereby find, determine, conclude, and resolve as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. No person shall park or store a vehicle in any parking space, or on the grounds of, a City-owned or operated parking lot located within a park or a City-owned or operated Resolution No. 2023-101 y Page 1 of 3 parking lot designated for recreational trail users, between the hours of 10:00 PM and 6:00 AM. 3. The fine for parking a vehicle in violation of this Resolution is $110. In addition to all other grounds for removal specified in the California Vehicle Code, vehicles parked in violation of this Resolution shall also be subject to removal. 4. The parking restrictions set forth in this Resolution and other reasonable regulations adopted by the City Manager or his or her designee shall be posted on signs at vehicle entrances to City-owned or operated parking lots located within parks and City-owned or operated parking lots designated for recreational trail users. No vehicle shall be involuntarily removed from such parking lots unless signs have been posted giving notice of the removal. 5. City staff or authorized personnel shall not enforce the overnight parking restrictions set forth in Rancho Cucamonga Municipal Code Section 10.64.030 on streets located between the 1-15 Freeway to the West, Arrow Route to the North, Etiwanda Avenue to the East, and 4th Street to the South, against a person using their vehicle as a shelter where, despite that person requesting or accepting an alternative indoor sleeping option, no other indoor sleeping option is reasonably available to that person. 6. This Resolution shall not apply to the Cucamonga Canyon Paid Parking Zone, which is subject to the regulations set forth in Rancho Cucamonga Municipal Code Section 10.52.025. 7. Nothing in this Resolution is intended to limit the City Council's existing delegation of authority to the City Traffic Engineer to prohibit, regulate, or limit stopping, standing, or parking of vehicles during designated hours at other City owned or operated parking lots, with or without an engineering and traffic survey, under Rancho Cucamonga Municipal Code Section 10.52.010. In accordance with Rancho Cucamonga Municipal Code Section 10.52.090, vehicles parked in violation of such parking restrictions are subject to involuntary removal from a regulated parking lot if signs have been posted giving notice of the removal. 8. The City Council finds that the establishment of parking regulations on existing, City- owned parking lots is not subject to the California Environmental Quality Act("CEQA") because it can be seen with certainty that there is no possibility that the parking regulations would have a significant effect on the environment. (Pub. Res. Code Sec. 15061(b)(3)). In addition, the parking regulations are exempt from CEQA pursuant to a Class 1 exemption for existing facilities, which includes existing highways, streets, and sidewalks, and alterations thereto. (14 Cal. Code Regs. 15301 (c)). 9. If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Resolution would be subsequently declared invalid or unconstitutional. Resolution No. 2023-101 Page 2of3 PASSED,APPROVED, AND ADOPTED this 6th day of September, 2023. L. enni Michael, ayor ATTEST: (ganice C. Reynolds, Citq Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 6th day of September, 2023. AYES: Hutchison, Kennedy, Michael, Scott, Stickler NOES: None ABSENT: None ABSTAINED: None Executed this 7th day of September, 2023, at Rancho Cucamonga, California. ice C. Reynolds, City Clerk - Resolution No. 2023-101 Page 3of3