HomeMy WebLinkAbout2020-04-07; City Council; CS-372; AN URGENCY ORDINANCE ESTABLISHING A NO PARKING ZONE ON CARLSBAD BLVD BETWEEN PINE AVE AND LA COSTA AVE, AND ON PONTO DR BETWEEN PONTO RD AND THE SOUTH TERMINUS, AND ON PO...April 7, 2020 Item #8 Page 4 of 26
ORDINANCE NO. CS-372
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ESTABLISHING A NO PARKING ZONE ON CARLSBAD
BOULEVARD BETWEEN PINE AVENUE AND LA COSTA AVENUE, AND ON
PONTO DRIVE BETWEEN PONTO ROAD AND THE SOUTH TERMINUS, AND
ON PONTO ROAD
Exhibit 1
WHEREAS, on March 16, 2020 the Director of Emergency Services (DES) signed a Proclamation
of Local Emergency as a Result of the Spread of COVID-19; and
WHEREAS, the Proclamation of Local Emergency was ratified by the City Council on March 17,
2020 and the City Council adopted the findings and determinations made by the DES in support of the
proclamation; and
WHEREAS, the Proclamation of Local Emergency shall expire on May 15, 2020 at 5:00 p.m.
unless otherwise lawfully extended or terminated earlier by the City Council; and
WHEREAS, the DES has been directed and authorized to address any impacts and conditions
caused by the spread of COVID-19; and
WHEREAS, under Carlsbad Municipal Code Section No. 6.04.l00(A)(G)(a) the DES is empowered
to make and issue rules and regulations on matters reasonably related to the protection of life and
property as affected by such emergency, however such rules must be confirmed by the City Council;
and
WHEREAS, the County Health Officer ordered on March 27, 2020, effective on March 29, 2020,
that "Government entities shall enforce social distancing requirements at all beaches and parks; if a
government entity is unable to enforce social distancing at a beach or park, it shall be closed to the
public."; and
WHEREAS, social distancing requirements are not being followed at Carlsbad beaches; and
WHEREAS, a stated purpose of the County Public Health order is to decrease the likelihood that
gatherings will attract people from a broad geographic area and to prevent gatherings of a large
number of people at a single location; and
WHEREAS, the prohibiting of parking on Carlsbad Boulevard between Pine Avenue and La Costa
Avenue, on Ponto Drive from Ponto Road to the south terminus, and on Ponto Road would discourage
large gatherings of people from a broad geographic area at the beaches of Carlsbad; and
April 7, 2020 Item #8 Page 5 of 26
WHEREAS, on April 2, 2020 the DES ordered the prohibition of parking on Carlsbad Boulevard
between Pine Avenue and La Costa Avenue, on Ponto Drive from Ponto Road to the south terminus,
and on Ponto Road; and
WHEREAS, California Government Code Section No. 8634 allows the City Council, as the
governing body, to make orders and regulations necessary to provide for the protection of life and
property; and
WHEREAS, the City Council finds that there is an emergency necessitating immediate adoption.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California,
ordains as follows that:
1. The above recitations are true and correct and are each incorporated by reference.
2. That Title 10, Chapter 10.40 of the Carlsbad Municipal Code is amended by the addition
of Section 10.40.300 to read as follows:
10.40.300 Parking Restricted on Carlsbad Boulevard between Pine Avenue and La Costa
Avenue, on Ponto Drive from Ponto Road to the south terminus, and on Ponto Road:
There will be no parking on each side of Carlsbad Boulevard from Pine Avenue to La
Costa Avenue, on each side of Ponto Drive from Ponto Road to the south terminus, and
on each side of Ponto Road.
3. This Ordinance shall remain in effect until the expiration of the Local Emergency as a
Result of the Spread of COVID-19. To the extent that it conflicts with Carlsbad Municipal
Code Sections No. 10.40.041 and 10.40.127, this ordinance shall control.
4. The City Council finds and declares that the adoption and implementation of this
Ordinance is an emergency measure required for the immediate preservation of the
public peace, safety, health, and welfare, for the reasons set out herein and pursuant to
Government Code Section No. 36937, and shall take effect immediately upon its
adoption by four-fifths of the City Council.
EFFECTIVE DATE: This Ordinance shall be effective immediately upon 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.
April 7, 2020 Item #8 Page 6 of 26
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 7th day of April, 2020, by the following vote, to wit:
AYES:
NAYS:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
__,~oilllili&Ji~ 1to11 .
BARBARA ENGLESON, City Clerk G""'
(SEAL)