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Home My WebLink About11 SECOND READING/ADOPTION OF ORDINANCE NO. 1416Wo. AGENDA REPORT L611 1 MEETING DATE: TO: FROM: APRIL 3, 2012 JEFFREY C. PARKER, CITY MANAGER Agenda Item 11 Reviewed: City Manager LI Finance Director �A PATRICIA ESTRELLA, CITY CLERK SERVICES SUPERVISOR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1416, (CODE AMENDMENT NO. 2012 -002) AMENDING TUSTIN CITY CODE SECTION 9252J3(d)(3) TO PROVIDE AN ADDITIONAL PARKING EXCEPTION OPTION FOR THE COMMERCIAL PORTION OF THE CULTURAL RESOURCES DISTRICT SUMMARY: In 2008, the Tustin City Council approved the Old Town Parking Study that determined Old Town had a significant amount of available private parking and modern parking standards were an impediment to the area's economic development and health. The City Council has supported economic development in Old Town by waiving parking related in -lieu and lease fees. Proposed Ordinance No. 1416 would establish a new parking exception option that allows all or a portion of a project's required on -site parking spaces to be met through the payment of an annual $60 fee intended to compensate the City for the proportional use and maintenance of public parking. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1416 (roll call vote). FISCAL IMPACT: None. BACKGROUND: On March 20, 2012, the City Council had first reading by title only and introduction of the following Ordinance: ORDINANCE NO. 1416 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 9252J3(d)(3) TO PROVIDE AN ADDITIONAL PARKING EXCEPTION FOR THE COMMERCIAL PORTION OF THE CULTURAL RESOURCES DISTRICT. Patricia Estrella City Clerk Services Supervisor ORDINANCE NO. 1416 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE SECTION 9252J3(d)(3) TO PROVIDE AN ADDITIONAL PARKING EXCEPTION FOR THE COMMERCIAL PORTION OF THE CULTURAL RESOURCES DISTRICT. The City Council of the City of Tustin ordains: Section 1. The City Council finds and determines as follows: A. That on June 20, 1988, the Tustin City Council adopted Ordinance No. 1001 providing three parking options to assist the development of new projects in Old Town without the provision of all required onsite parking. B. That on February 19, 2008, the Tustin City Council approved a comprehensive Parking Study for Old Town Tustin which found that Old Town Tustin's existing parking supply is not heavily utilized, and that there is significant available public parking available. C. That the acquisition of additional public parking areas is not necessary at this time. And, "no- cost" leases and in -lieu waivers utilized in the past provide no offset for maintenance costs assumed by the City for public parking facilities utilized for private purposes. D. That the Tustin City Council considered Code Amendment 2012 -002 (Ordinance No. 1416) that proposes a fourth parking option to foster economic development, create jobs, and increase the number of persons shopping and working in Old Town Tustin. E. That although new development in Old Town may meet the City's parking requirements by providing parking onsite or in any other manner provided by the Code, Ordinance No. 1416 enables an Old Town developer to request, and upon City approval, receive a waiver of all or a portion of a proposed development's private, onsite parking spaces following the developer's agreement to compensate the City for the use and maintenance of an equal number of public street or lot parking spaces. F. That on March 20, 2012, a public hearing was called, and held before the City Council concerning Code Amendment 2012 -002 (Ordinance No. 1416). G. That Ordinance No. 1416 is exempt from environmental review under CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines. This section provides that a project is exempt from environmental review 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 proposed amendment deals only with procedural matters related to an existing parking relief process and would not change any development or use standards, cause any development to occur, or otherwise directly or indirectly affect the environment. Ordinance No. 1416 Page 2 H. That Code Amendment 2012 -002 (Ordinance No. 1416) is considered minor, proposes no revisions that would alter the development potential of any property in the City, and is therefore consistent with the Tustin General Plan. Section 2. Section 9252J3(d)(3) of Part 1 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined): (3) As an exception to the general sections of this Chapter and other provisions of the Zoning Ordinance, when commercial and professional properties are developed or converted to permitted uses under the provisions of this section, on -site parking requirements may be modified under any one or a combination of the following provisions: a. Property or properties that lie within a Vehicle Parking Assessment District or Business Improvement Area shall be exempt from the requirement for on -site parking accommodations, subject to the provisions of the Parking or Improvement District Ordinance. b. On -site parking requirements may be waived upon the presentation to the City of a long term lease, running with and as a condition of the business license, for private off -site parking accommodations within 300 feet of the business or activity to be served. c. All or a portion of required number of parking spaces may be satisfied by depositing with the City an amount, to be used for public parking accommodations within the area, equal to four (4) times the assessed value as determined from the latest assessment roll of the County Assessor, of 200 square feet of land within the area, for each required parking space not otherwise provided. d. Development proposed within both the Central Commercial District (C -2) and the Old Town Commercial General Plan land use designation (the commercial portion of Old Town Tustin), may satisfy all or a portion of the required number of on -site parking spaces through the payment of a fee, in an amount determined by Fee Resolution of the City Council, upon a determination of the Tustin Planning Commission that the proposed project meets the following findings: • The proposed project is an infill project located within the commercial district of Old Town. • That the proposed project is considered to be relatively small. • That the proposed project has incorporated building or site design enhancements that make it an outstanding addition to Old Town Tustin. • That the proposed project provides some onsite parking, but is aesthetically superior to one that provided all required parking on site. • That the project applicant shall agree to pay an annual fee for each public space not provided on site. • Other findings that may be adopted from time to time by the City Council. Ordinance No 1416 Page 3 Section 3. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 3rd day of April, 2012. JOHN NIELSEN, MAYOR ATTEST: PAMELA STOKER, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN 1 CERTIFICATION FOR ORDINANCE NO. 1416 PAMELA STOKER, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1416 was duly and regularly introduced and read at the regular meeting of the City Council held on the 20M day of March, 2012, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 3rd day of April, 2012, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Published: