HomeMy WebLinkAbout14 SECOND READING & ADOPTION-ORDINANCE 1425AIM*
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WAGENDAIRIEPORT
MEETING DATE:
TO:
FROM
FEBRUARY 5, 2013
JEFFREY C. PARKER, CITY MANAGER
Agenda Item 14
Reviewed:
City Manager
Finance Director /A
ERICA RABE, CITY CLERK SERVICES SUPERVISOR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1425
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN AMENDING PART 6 OF CHAPTER 2 OF ARTICLE 9 OF
THE TUSTIN CITY CODE RELATED TO DAY CARE CENTERS
PARKING REQUIREMENTS
SUMMARY:
Code Amendment (CA) 2012 -04 amends Part 6 (Off- street Parking) of the Tustin City
Code.
On December 11, 2012, the Planning Commission adopted Resolution No. 4213,
recommending that the City Council approve Code Amendment 2012 -04 (Ordinance
No. 1425), amending the parking code.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1425 (roll call vote).
FISCAL IMPACT:
None.
BACKGROUND:
On January 15, 2013, the City Council had first reading by title only and introduction of
the following Ordinance:
ORDINANCE NO. 1425
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN
AMENDING PART 6 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY
CODE RELATED TO DAY CARE CENTERS PARKING REQUIREMENTS
I
ORDINANCE NO. 1425
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN AMENDING PART 6 OF CHAPTER 2 OF ARTICLE 9
OF THE TUSTIN CITY CODE RELATED TO DAY CARE
CENTERS PARKING REQUIREMENTS
The City Council of the City of Tustin does hereby ordain as follows:
Section 1. The City Council finds and determines as follows:
A. That the Parking Ordinance was adopted in 2008 and provided standards for day
care centers. That the proposed amendment would provide an optional criterion
for day care center parking ratio of one (1) space per staff member and one (1)
space for every ten (10) students with adequate drop-off and pick-up areas.
B. That the City of Tustin has a substantial interest in protecting the public health
and safety, and harmony of the community by providing strengthened and
clarified off-street parking requirements and standards.
C. That on December 11, 2012, a public hearing was duly noticed, called, and held
on minor Code Amendment 2012-04 by the Planning Commission.
D. That on , 2013, a public hearing was duly noticed, called, and held on
Code Amendment 2012-04 by the City Council.
E. That the proposed amendment is considered a "project" subject to the terms of
the California Environmental Quality Act ("CEQA"). That the City has prepared
an Initial Study and Negative Declaration for the Code Amendment in conjunction
with Code Amendment 2012-03 (Parking Code Update) in accordance with the
City of Tustin's procedures regarding implementation of the California
Environmental Quality Act.
F. That the proposed amendment is consistent with the Institute of Transportation
Engineers Parking Generation (4`" Edition) data.
G. That the Public Works Engineering Division has reviewed and is in support of the
proposed code amendment.
H. That the proposed amendment is consistent with the Tustin General Plan in that
it complies with the following goals and policies:
Circulation Element
Goal 7: Provide for well-designed and convenient parking facilities.
Policy 7.2: Provide sufficient off-street parking for all land uses.
Policy 7.3: Encourage the efficient use of parking facilities, including
provisions for shared use of facilities, smaller vehicles and other
Draft Ordinance 1425
CA 2012-04
Page 2
provisions to improve the effectiveness of City codes and
ordinances.
Section 2. Subsection 9263g Table 1 of the Tustin City Code, regarding Child Day Care
Center parking is hereby amended as follows:
land ,,Use ,Type
Parking Spaces Required
Child day care centers
III
1 space for each employee and teacher on
maximum shift, plus 1 space for each 5
children at maximum enrollment; or,
I space for each employee and teacher on
maximum shift, plus 1 space for each 10
children at maximum enrollment if adequate
drop-off facilities provided. Drop-off facilities
must be designed to accommodate a
continuous flow of passenger vehicles to
safely load and unload children. The
adequacy of drop-off facilities proposed shall
be determined by the approval body for the
proposed use.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held out 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, 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 for the City of Tustin on this
— day of _, 2013.
ELWYN A. MURRAY, Mayor
PATRICIA ESTRELLA, City Clerk
Draft Ordinance 1425
CA 2012-04
Page 3
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN
PATRICIA ESTRELLA, 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 5; that the above and foregoing Ordinance No. 1425 was duly and regularly
introduced at a regular meeting of the Tustin City Council, held on day of _, 2013
and was given its second reading, passed, and adopted at a regular mWeting of the City Council
held on the day of _, 2013 by the following vote:
PATRICIA ESTRELLA
City Clerk
Published: