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HomeMy WebLinkAbout03/16/2004, C7 - FINAL PASSAGE OF ORDINANCE NO. 1447 AMENDING SECTION 10.44.030 OF MUNICIPAL CODE, STOPPING FOR LOAD 1 council o �� acEnaa Repoin C I T Y OF SAN LU I S O B I S P O FROM: Mike McCluskey,Director of Public Works POA Prepared By: Robert Horch, Parking Manager SUBJECT: FINAL PASSAGE OF ORDINANCE NO. 1447 AMENDING SECTION 10.44.030 OF MUNICIPAL CODE,STOPPING FOR LOADING OR UNLOADING ONLY AS ADOPTED BY THE CITY OF SAN LUIS OBISPO CAO RECOMMENDATION Grant final passage to Ordinance No. 1447. DISCUSSION On March 1, 2004, the Council voted 5:0 to introduce Ordinance No. 1447 to print. This ordinance amends section 10.44.030 of the Municipal Code to allow the Council, by resolution, to temporarily extend the time for unloading and loading of materials at select locations when it is deemed in the best interest of the public due to temporary conditions such as construction, street or public parking lot closures. Ordinance No. 1447 is now ready for final passage and will become effective thirty days after the date of its final passage. ATTACHMENT Ordinance No. 1447 I:\-Council Agenda Reports\2004 agenda reports\Transportation and Development Review(Bochum)\Parldng(Horch)\CR Ordinance final Passage Agenda Report 1447.doc n Attachment 1 ORDINANCE NO. 1447-(2004 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING SECTION 10.44.030 OF MUNICIPAL CODE CHAPTER 10.40, STOPPING FOR LOADING OR UNLOADING ONLY AS ADOPTED BY THE CITY OF SAN LUIS OBISPO WHEREAS, the City Council conducted a public hearing on March 1, 2004, and has recommended approval of amendments to the commercial loading zone times; and WHEREAS, the City Council has considered testimony.of interested parties, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed amendment is consistent with the City's goal for development of downtown and other areas. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Subsection C of Section 10.44.030 of Chapter 10.44 of the San Luis Obispo Municipal Code is hereby amended to read as follows: 10.44.030 Yellow loading zone—Time restrictions for loading and unloading. C. Permission herein granted to stop or stand a vehicle for the purpose of loading or unloading materials shall not extend beyond the time necessary therefor, and in no event for more than thirty minutes. Evidence that there was no activity involving the loading or unloading of materials into or from a vehicle during any continuous period of time of eight minutes or longer shall constitute prima facie evidence that the vehicle was parked longer than the time necessary for loading or unloading. The Council may, by resolution, temporarily extend the time for unloading and loading of materials at select locations when it is.deemed in the best interest of the public due to temporary conditions such as construction, street or public parking lot closures. SECTION 2. If any provision of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, the City of San Luis Obispo hereby declares that it would have passed each and every remaining provision irrespective of such holding in order to accomplish the intent of this ordinance. SECTION 3. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage in the Tribune, a newspaper published and circulated in this City. This Ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 15` day of March 2004, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 16th day of March 2004, on the following roll call vote: Attachment 1 AYES: NOES: ABSENT: Mayor David F. Romero ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jon .'Lowell, City Attomey