REPORT TO COUNCIL
SUBJECT
Title
Introduce an Ordinance to Amend Section 9.26.030 (Nuisances Described - Authority to Abate) of Chapter 9.26 (Abatement of Nuisances) of Title 9 (Public Peace, Safety or Welfare) of the Sunnyvale Municipal Code to Maintain Prohibitions Related to Parking on Unpaved Surfaces; Finding of CEQA Exemption Pursuant to Guideline Section 15061(b)(3)
Report
BACKGROUND
On December 18, 2012, the Planning Division presented the City Council with a comprehensive study issue pertaining to non-residential parking requirements. As part of the study, Sunnyvale Municipal Code (SMC) Chapter 19.46 (Parking) was amended. The section expressly requiring vehicles to be parked on paved surfaces was inadvertently deleted. Upon discovery, Neighborhood Preservation (NP) worked with the Planning Division and determined that SMC section 19.46.120(c) (Surfaces and Markings) could be used in enforcement to continue to prohibit vehicles parked on unpaved surfaces; however, the code section and specific language was not as clear as the previous language that had been inadvertently deleted.
EXISTING POLICY
General Plan, Chapter 3, Land Use and Transportation - Land Use, Policy LT-4.4
Preserve and enhance the high quality character of residential neighborhoods.
General Plan, Chapter 4, Community Character - Design, Policy CC-1.6
Maintain city neighborhoods as safe, healthy places to live.
ENVIRONMENTAL REVIEW
Amendments to the City's ordinance related to parking on unpaved surfaces are exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
DISCUSSION...
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