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HomeMy WebLinkAbout16 SECOND READING AND ADOPTION OF ORDINANCE NO. 1454; AND OLD TOWN RESIDENTIAL ON-STREET PARKING UiS"f j % Agenda Item 1 6_� Reviewed ��f�'((P�te1 . AGENDA REPORT City Manager ,.pa,t f' Finance Directorf GSIS�` MEETING DATE: SEPTEMBER 15, 2015 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1454; AND OLD TOWN RESIDENTIAL ON-STREET PARKING SUMMARY: Adoption of Ordinance No. 1454 would amend the Tustin City Code to provide new standards for second residential units and prohibit new accessory buildings used as guest quarters in the Cultural Resources (CR) District. Various public workshops were held on the subject of second residential units in Old Town Tustin on February 20, 2013, March 12, 2013, and March 11, 2014. On February 24, 2015, and March 24, 2015, the Planning Commission held public hearings on the subject matter and adopted Resolution No. 4277 (renumbered Resolution No. 4280), recommending that the Tustin City Council adopt Ordinance No. 1454, approving Code Amendment 2015-001. On April 21, 2015, and May 5, 2015, the City Council held public hearings and introduced and had first reading by title only of Ordinance No. 1454, and set the second reading of the Ordinance for the September 15, 2015, City Council meeting. The City Council also directed staff to study on-street parking, consider residential privacy at plan check, and continue to enforce the California Vehicle Code and illegally converted structures in the CR District. Since the May 5, 2015, City Council meeting, staff from various City departments have conducted surveys and studies regarding parking in Old Town. This report provides the study results and recommendations. RECOMMENDATION: That the City Council: 1) Have second reading by title only and adopt Ordinance No. 1454 (roll call vote), amending Article 9 Chapter 2 of the TCC to provide new standards for second residential units in the CR District and to prohibit new accessory buildings used as guest quarters in the CR District; and City Council Report September 15, 2015 Ordinance 1454 and Old Town Parking Page 2 2) Direct staff to take the following actions regarding on -street parking in the CR District: a. Conduct outreach to the residents of the Tustin Acres community to encourage the use of available on-site parking spaces and reduce parking impacts within the CR District; b. Facilitate residents' requests to implement permit parking on a street by street basis; c. Continue to enforce the California Vehicle Code for illegally parked cars obstructing sidewalks, driveways and/or accessible ramps; and, d. Continue to enforce illegally constructed or converted structures. APPROVAL AUTHORITY: The TCC Section 9295g authorizes the City Council to adopt Zoning Code amendments following a recommendation by the Planning Commission and a public hearing. INTRODUCTION: This staff report provides the City Council with an overview of proposed Ordinance No.1454, and an analysis and discussion, as well as available options to address parking in Old Town. The report is organized as follows: • BACKGROUND — A brief description of prior actions at the public workshops, Planning Commission hearings, and City Council hearings. • ANALYSIS/DISCUSSION — A discussion of: • The intent and purpose of proposed Ordinance No. 1454 • Summary of the predominant public input received regarding parking issues in Old Town. • Parking analysis related to proposed Ordinance No. 1454. • Old Town parking survey and analysis conducted by City staff/Police Department and their findings. • Facts regarding the Tustin Acres residential community. • OPTIONS —A summary of available options to address parking in Old Town for City Council consideration. • ENVIRONMENTAL ANALYSIS —The environmental exemption applicable to proposed Ordinance No. 1454. BACKGROUND: Public Workshops and Planning Commission Actions In response to the public's interest in having and renting second residential units on lots of various sizes in Old Town Tustin, the City conducted public workshops on the subject of second residential units in Old Town Tustin on February 20, 2013, March 12, 2013, City Council Report September 15, 2015 Ordinance 1454 and Old Town Parking Page 3 and March 11, 2014. Significant input was received at the workshops and via a public survey (Attachment B). On February 24, 2015, the Planning Commission held a public hearing on Draft Ordinance No. 1454 (Code Amendment 2015-001), and continued the item to March 24, 2015, to provide time for an analysis based on alternative proposals from Commissioners Altowaiji and Smith. On March 24, 2015, the Planning Commission adopted Resolution No. 4277 (renumbered Resolution No. 4280), recommending that the Tustin City Council adopt Ordinance No. 1454. City Council Actions On April 21, 2015, the City Council opened the public hearing, staff provided a presentation, and nine (9) members of the public provided testimony. The City Council deliberated the matter and continued consideration of Draft Ordinance No. 1454 (CA 2015-001) and the associated concerns of the Planning Commission to May 5, 2015, to provide time for a more specific recommended approach to address the issue of parking in the CR District. On May 5, 2015, the City Council introduced and had first reading by title only of Ordinance No. 1454, and set the second reading of the Ordinance for the September 15, 2015, City Council meeting. The City Council also directed staff to take the following actions regarding on -street parking, residential privacy, and illegally converted structures in the CR District: a. Conduct an analysis and workshop to explore solutions to address parking impacts within the CR District; b. During the plan check process, examine ways to respect residential privacy for properties adjacent to any proposed second floor residential project; c. Continue to enforce the California Vehicle Code for illegally parked cars obstructing sidewalks, driveways and/or accessible ramps; and, d. Continue to enforce illegally constructed or converted structures. ANALYSIS/DISCUSSION: Ordinance No. 1454 (CA 2015-001) would provide new standards for second residential units, allow new second residential units on any residentially zoned lot regardless of lot size, and prohibit new accessory buildings used as guest quarters in the CR District. The standards for second residential units in all other areas of the City are not proposed to be amended, and all second residential units in the City would continue to be allowed ministerially without discretionary review or a public hearing. The proposed code amendment would provide all property owners within the CR District the opportunity to have second residential units which could be rented out for additional income and/or could provide housing options to their grown children, parents, friends and relatives. The proposed code amendment is based on the unique historic City Council Report September 15, 2015 Ordinance 1454 and Old Town Parking Page 4 development pattern and character of Old Town; the size, shape, and configuration of many of the properties and residences within the CR District; and the desire of many residents to have and/or rent out second residential units. A detailed analysis of second residential units and the proposed code amendment is included in the May 5, 2015, City Council staff report, which is attached for reference (Attachment B). Parking was the predominant issue raised by the public at the workshops, Planning Commission hearings, and the City Council hearings. According to the residents of the CR District (Old Town Tustin), Old Town currently has a variety of parking issues. Many vehicles are parked on the residential streets adjacent to properties with existing rental units and in locations close to businesses and multiple family residences. Residents are concerned that the proposed code amendment would exacerbate the parking related issues in Old Town. Parking Analysis for Code Amendment 2015-001 Staff conducted an analysis regarding the potential parking impacts associated with the Code Amendment. There are approximately 190 single family properties in the CR District that would be eligible for second residential units. The Ordinance requires two (2) garage parking spaces for the primary residence and one (1) covered parking space for the second residential unit. A second residential unit is limited to 600 square feet, which corresponds to the requirement for one additional parking space. The covered parking space for the second residential unit is required to be setback a minimum of fifty (50) feet from the property line, which provides driveway space for at least two (2) vehicles. Properties that are not able to accommodate two (2) garage parking spaces, one (1) covered parking space, plus the setback of fifty (50) feet or more for the covered parking assigned to the second residential unit would not qualify for a second residential unit. Based upon the required criteria outlined in the proposed Code Amendment, ample accommodations for on-site parking related to the second residential unit would be provided in the covered parking space and on the driveway; therefore no impact to street parking is anticipated as a result of Ordinance No. 1454. Accordingly, staff recommends that the issue of parking in Old Town be bifurcated from Ordinance No. 1454. On -street Parking in Old Town In response to City Council direction to analyze the parking issues, the Tustin Police Department conducted counts of on -street vehicles parked overnight in the Old Town residential area and then identified the ownership of these vehicles. Of the vehicles counted, approximately forty-nine (49) percent were registered to addresses outside of Old Town Tustin, and thirty-five (35) percent were registered to addresses outside of Tustin. However, it should not be assumed that all of these parked vehicles belong to residents outside of Old Town Tustin, because some of these vehicles may be owned City Council Report September 15, 2015 Ordinance 1454 and Old Town Parking Page 5 by Old Town Tustin residents who previously lived elsewhere and had their vehicles registered at other addresses, and subsequently moved to Old Town Tustin. Of those parked on the streets, a total of 65 vehicles were registered to residents of Tustin Acres. Although many of these vehicles were parked on Main Street adjacent to Tustin Acres, many were parked on nearby streets, including ten (10) vehicles on Pacific Street between Main Street and Sixth Street. In general, approximately twenty (20) percent of the vehicles parked overnight were registered to residents of Tustin Acres. The ratio is considerably higher on Pacific Street between Sixth Street and Vain Street, where about thirty-three (33) percent of the on - street vehicles belonged to Tustin Acres residents. It has also been observed that the Tustin Acres parking structure is not fully utilized, especially on the upper level. Based upon the parking survey data, the impacted parking is largely the result of Tustin Acres residents not fully utilizing their on-site parking spaces. Tustin Acres Community The residential area within the CR District is predominately single family in character. However, there are several multiple family properties within the District, including the Tustin Acres community. There are 180 condominium residences within Tustin Acres, and 361 parking spaces are provided on-site, including 153 parking spaces within a three-level parking structure. Figure 1 provides an aerial view of Tustin Acres community and its surrounding neighborhoods. Note that the parking structure is located toward the rear of the complex adjacent to the I-5 and SR -55 freeway interchange. The distance of the parking structure from some of the residences and the fact that no elevator is provided in the parking structure make it less convenient for some residents to park within the structure, and more convenient to use on -street parking (Main and Pacific Streets). Figure 1 City Council Report September 15, 2015 Ordinance 1454 and Old Town Parking Page 6 OPTIONS TO ADDRESS PARKING IN OLD TOWN: To further address the parking concerns in the CR District, the following actions could be taken: • Meet directly with the Tustin Acres Homeowners Association Board and management company to identify the most effective ways to outreach to all residents of the community to encourage the residents to use all available on-site parking spaces, including full utilization of garages, carports and parking structure, prior to parking on the streets within Old Town. Outreach methods may include direct mailings to owners/tenants, City staff presentations at homeowners association meetings, and informational flyers posted in common areas within the community. Better utilization of on-site parking could be achieved through lighting and safety improvements to the parking structure and the removal of stored items from garages. • Residents may request the implementation of permit parking on single family residential streets within the CR District. Residents within single family neighborhoods may request permit parking to prevent non-residents from parking on the street overnight. The City Council has implemented permit parking in several single family locations throughout the City and in the following single family blocks in the CR District: Myrtle Avenue between Second Street and Main Street, and the north side of Main Street between Pasadena Avenue and Pacific Street. Staff would be available to assist interested Old Town residents in requesting permit parking on individual streets within the CR District in accordance with the City's existing permit parking policy. If permit parking were requested, staff would conduct an analysis of parked vehicles on the particular street and generally would recommend to the City Council that permit parking on an individual street be implemented when at least fifty (50) percent of the parked vehicles belong to owners who are not residents of the particular street. Staff could also recommend that adjacent streets be included within a permit parking area when staff's analysis determines that spillover parking onto adjacent streets is likely to result in the fifty (50) percent threshold being exceeded on the adjacent street(s). • Enhanced enforcement of on -street parking violations within the CR District. Additional parking enforcement by the Police Department is an additional way to address parking issues in the CR District, such as vehicles that are obstructing the sidewalk or access to driveways and ADA accessible ramps. The Police Department is aware of the public's desire for increased parking enforcement in Old Town and is responding accordingly. City Council Report September 15, 2015 Ordinance 1454 and Old Town Parking Page 7 ENVIRONMENTAL: The proposed CA 2015-001 is exempt from further environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA), as found in Public Resources Code Section 21080.17. CONCLUSION: The proposed CA 2015-001 would provide options to residents of the CR District to have and rent second residential units while allowing a multi -generational type of housing, preserving the appearance and nature of the single family neighborhood, providing a way to legalize existing non -permitted units, providing ample on-site parking, and protecting the character of the CR District. Staff recommends that the City Council approve CA. 2015-001 and direct staff to conduct outreach, facilitate the implementation of permit parking if desired by Old Town residents, and continue enforcement efforts in the Old Town area. Scott Reekstin Principal Planner Attachments: A. Draft Ordinance No. 1454 B. May 5, 2015, City Council Report Elizabeth A. Binsack Director of Community Development