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Ord 715ORDINANCE NO. 715 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING THE POWAY MUNICIPAL CODE TO ADD SECTION 10.28.280 REGARDING PARKING FOR THE DISABLED ON PUBLIC STREETS — BLUE CURB WHEREAS, Section 22511.7 of the California Vehicle Code (CVC) gives local municipalities the authority to designate parking spaces for the exclusive use of any vehicle which displays either a special identification license plate issued pursuant to Section 5007 or a distinguishing placard issued pursuant to Sections 22511.55 or 22511.59 of the CVC; and WHEREAS, City Council finds in some limited instances, a disabled parking space identified by blue curb and appropriate signs is appropriate on public streets; and WHEREAS, City Council finds in some instances, a designated blue curb parking space on public streets will greatly facilitate access for the disabled person to his or her residence; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1 : Section 10.28.280 of the Poway Municipal Code, Parking for the Disabled — Blue Curb, is to read as follows: A. Purpose and Intent The City Council finds and declares that public street parking should be preserved for the use of the general public whenever possible. Because approval of Blue Curb parking spaces for the disabled on the public streets limits the use of those spaces by the general public, they shall be approved only upon a strong showing of necessity by the applicant, based on the factors set forth in subsection (B). B. Approval Process 2. The Director of Development Services may determine that it is necessary to designate parking spaces on certain public streets for the exclusive use of any vehicle which displays either a disabled person's identification license plate issued pursuant to Section 5007 of the CVC, or a distinguishing placard issued pursuant to Sections 22511.55 or 22511.59 of the CVC. A blue curb shall not be designated for a specific resident and will be available to any qualified disabled person. In evaluating the request, the Director of Development Services may approve a blue curb only after consideration of the following factors: a. Inadequate onsite parking at the applicant's residence (for example, a steep driveway or inadequate garage /driveway parking) so that the on- street parking space will provide better access to the applicant's residence; b. Lack of reasonable parking alternatives; Ordinance No. 715 Page 2 C. Current parking conditions within the neighborhood; Other conditions deemed necessary by the Director of Development Services; C. The Traffic Safety Committee shall make a recommendation on any proposed blue curb prior to the Director of Development Services making a determination. Upon the determination of the necessity of blue curb, the Director of Development Services shall request the posting of signs and marking of the curb or edge of pavement with blue paint immediately adjacent to and visible from the space. D. The applicant must demonstrate a continued need for the blue curb on an annual basis by providing the Director of Development Services with a copy of a current DMV placard. In the event the applicant is no longer eligible for the DMV placard, or has moved from the subject residence, the Director of Development Services shall request the removal of the blue curb. Section 2 : This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names of members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a Regular Meeting of the City Council of the City of Poway held the 22nd day of February 2011, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 1st day of March 2011. ATTEST: Ordinance No. 715 Page 3 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 715, was duly adopted by the City Council at a meeting of said City Council held on the 1st day of March 2011, and that it was so adopted by the following vote: AYES: GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: BOYACK DISQUALIFIED: NONE and A. Troyan, MMC, City Clerk Ci y of Poway