HomeMy WebLinkAbout2021-12-14; City Council; ; Adoption of Ordinance No. CS-411 – Enforcement of the City’s Ban on Overnight Parking of Oversized Vehicles During a Declared EmergencyMeeting Date: Dec. 14, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 760-434-5989
Subject: Adoption of Ordinance No. CS-411 – Enforcement of the City’s Ban on
Overnight Parking of Oversized Vehicles During a Declared Emergency
Districts: All
Recommended Action
Adopt Ordinance No. CS-411 amending Chapter 10.40, Section 10.40.180 (D)(6) of the Carlsbad
Municipal Code to give the Director of Emergency Services the authority to decide whether to
suspend or enforce city laws on the overnight parking of oversized vehicles during a declared
state of emergency.
Executive Summary/Discussion
Ordinance No. CS-411 was introduced and first read at the City Council meeting held on Dec. 7,
2021. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, the
City Council voted 5-0 to introduce Ordinance No. CS-411. The second reading allows the City
Council to adopt the ordinance, which will become effective 30 days after its adoption.
Fiscal Analysis
The existing fiscal year 2021-22 budgets for the City Attorney’s Office and City Clerk’s Office
include sufficient funding for the cost of amending the referenced code provisions.
Next Steps
The City Clerk will have the ordinance, or a summary of the ordinance, published in a
newspaper of general circulation within 15 days following adoption of the ordinance.
Environmental Evaluation
This action does not require environmental review because it does not constitute a “project”
within the meaning of the California Environmental Quality Act under California Public
Resources Code Section 21065 in that it has no potential to cause either a direct physical
change in the environment or a reasonably foreseeable indirect physical change in the
environment.
Public Notification
This item was noticed in keeping with the Ralph M. Brown Act and it was available for public
viewing and review at least 72 hours before the scheduled meeting date.
Dec. 14, 2021 Item #12 Page 1 of 4
Exhibits
1. Ordinance No. CS-411
Dec. 14, 2021 Item #12 Page 2 of 4
ORDINANCE NO. CS-411
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE CHAPTER 10.40,
SECTION 10.40.180 REGARDING THE PARKING OF OVERSIZED VEHICLES
EXHIBIT 1
WHEREAS, the Carlsbad Municipal Code's prohibition on the parking of oversized vehicles
contained in Title 10, Chapter 10.40, Article Ill do not apply during the pendency of any state of
emergency declared to exist within the City of Carlsbad; and
WHEREAS, the director of emergency services should be empowered to determine whether
suspending the parking restrictions applicable to oversized vehicles during a local state of emergency
would be in the public interest; and
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
1. The above recitations are true and correct.
2. Carlsbad Municipal Code, Chapter 10.40, Section 10.40.180(D)(6) is amended to read as
follows:
6. As part of a proclamation of a local emergency issued pursuant to Chapter 6.04,
the director of emergency services may suspend any provision of this section applicable
to the parking of oversized vehicles. The suspension shall expire upon the termination
of the local state of emergency unless an earlier time for expiration is provided in the
proclamation of local emergency.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
Dec. 14, 2021 Item #12 Page 3 of 4