HomeMy WebLinkAbout2020-06-04; City Council; CS-376; AN ORDINANCE REPEALING CARLSBAD MUNICIPAL CODE SECTION 10.40.300 AND ELIMINATING THE NO PARKING ZONES ON CARLSBAD BLVD FROM PINE AVE AND LA COSTA AVE, ON PONTO DR FROM PO...June 4, 2020 Item #1 Page 5 of 26
ORDINANCE NO. CS-376
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REPEALING CARLSBAD MUNICIPAL CODE SECTION 10.40.300
AND ELIMINATING THE NO PARKING ZONES ON CARLSBAD BOULEVARD
FROM PINE AVENUE AND LA COSTA AVENUE, ON PONTO DRIVE FROM
PONTO ROAD AND THE SOUTH TERMINUS, AND ON PONTO ROAD.
EXHIBIT 1
WHEREAS, on March 16, 2020 the Director of Emergency Services (Director) signed a
Proclamation of Local Emergency as a Result of the Spread of COVID-19; and
WHEREAS, the City Council ratified the Proclamation of Local Emergency on March 17, 2020,
and adopted the findings and determinations made by the Director in support of the proclamation; and
WHEREAS, the Proclamation of Local Emergency will remain in effect until further action by the
City Council, the need for which will be reviewed when the state and county states of emergency end;
and
WHEREAS, to reduce the spread of COVID-19, the County Health Officer ordered, effective
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, because social distancing requirements were not being followed at Carlsbad beaches
and to deter further ongoing violations of the County Health Officer's order, on April 2, 2020, the
Director ordered the prohibition of parking on Carlsbad Boulevard from Pine Avenue and La Costa
Avenue, on Ponto Drive from Ponto Road to the south terminus, and on Ponto Road; and
WHEREAS, on April 7, 2020, the City Council introduced and adopted urgency Ordinance No.
CS-372, ratifying and codifying the Director's order by adding Section 10.40.300 to Title 10, Chapter
10.40 of the Carlsbad Municipal Code; and
WHEREAS, since the City Council's enactment of Carlsbad Municipal Code Section 10.40.300,
the County Health Officer's order has been amended to permit some public use of the beach; and
WHEREAS, the permissible public use of the beach has resulted in traffic and parking impacts
adversely affecting the public peace, health and safety; and
WHEREAS, the adverse effects include excess speeding, reckless driving, illegal turns, illegal
parking, disregard for pedestrian and bicyclist safety, and other unsafe actions; and
June 4, 2020 Item #1 Page 6 of 26
WHEREAS, on June 2, 2020, the County Health Officer's order was amended to allow additional
public use of the beach, including sunbathing; and
WHEREAS, the additional public use of the beach is expected to substantially increase the
number of beach visitors, exacerbating the traffic and parking impacts and further adversely affecting
the public peace, health and safety; and
WHEREAS, the further adverse effects are expected to include a shortage in available Americans
with Disabilities Act {ADA)-compliant parking spaces, an increase in excess speeding, reckless driving,
illegal turns, illegal parking, disregard for pedestrian and bicyclist safety, and other unsafe actions; and
WHEREAS, to accommodate the substantial increase in the number of beach visitors, reduce
the related traffic and parking impacts and protect the public peace, health and safety, the Director
has recommended the City Council immediately repeal Carlsbad Municipal Code Section 10.40.300 and
eliminate the no parking zones on Carlsbad Boulevard from Pine Avenue and La Costa Avenue, on Ponto
Drive from Ponto Road and the south terminus, and on Ponto Road.
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.
2. That Carlsbad Municipal Code Section 10.40.300 is repealed in its entirety.
3. That the City Council finds and declares that the adoption and implementation of this
ordinance is an urgency measure required for the immediate preservation of the public
peace, health and safety for the reasons stated in the recitals.
4. That under California Government Code Section 36937, subdivision (b}, this ordinance
shall take effect immediately upon its passage by a four-fifths vote of the City Council.
EFFECTIVE DATE: This ordinance shall be effective immediately upon 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.
June 4, 2020 Item #1 Page 7 of 26
INTRODUCED, PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council of
the City of Carlsbad on the 4th day of June, 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor