HomeMy WebLinkAboutORD 1425 (2013)1
1
1
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. The Planning
Commission recommended that the City Council approve Code Amendment
2012 -04 by adopted Ordinance No. 1425.
D That on January 15, 2013, a public hearing was duly noticed, called, and held on
Code Amendment 2012 -04 by the City Council.
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 (4th Edition) data.
G. That the Public Works Engineering Division has reviewed and is in support of the
proposed code amendment.
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.
Ordinance No. 1425
Page 1 of 3
Policy 7.3: Encourage the efficient use of parking facilities, including
provisions for shared use of facilities, smaller vehicles and other
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
1 space for each employee and teacher on
maximum shift, plus 1 space for each 5
children at maximum enrollment; or
1 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
5th day of February 2013.
ELWYN A. ; URRA
Mayor
1
1
1
Ordinance No. 1425
Page 2 of 3
1
1
1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN
ORDINANCE NO 1425
JEFFREY C PARKER, 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 the 15th day of January
2013 and was given its second reading, passed, and adopted at a regular meeting of the City
Council held on the 5th day of February 2013 by the following vote:
COUNCILPERSONS AYES. Murray, Puckett, Gomez, Bernstein (4)
COUNCILPERSONS NOES• None (0)
COUNCILPERSONS ABSTAINED• None (0)
COUNCI PE' SONS ABS r Nielsen (1)
/n�
G
JEFF '• 1 'ARKER
City
Ordinance No. 1425
Page 3 of 3