HomeMy WebLinkAboutCC RES 16-12 RESOLUTION NO. 16-12
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA ADOPTING A
POLICY RELATED TO SIDEWALK INSTALLATION
The City Council of the City of Tustin does hereby resolve as follows:
1. The City Council finds and determines as follows:
A. That the requirement for streets to have sidewalks appears to have been
around since the adoption of the "Minimum Design Standards for Public
Works Improvements Constructed within Public Rights of Way or
Improvements to be maintained with Public Funds."
B. That overtime, sidewalks were installed either as part of new development
or City's Capital Improvement projects.
C. That several streets in the Old Town Tustin and Industrial areas do not
currently have sidewalks.
D. That prior to 1972 sidewalks were not required in the Industrial areas
based upon the nature of uses in the industrial district where pedestrian
linkages among industrial uses were not necessary.
E. That many of the uses in the industrial areas have changed to offices and
assembly type of uses such as churches, gyms, dance studios, etc.
F. That on February 23, 1990, the City Standard No. 104 was revised to
require sidewalk to be installed minimum five (5) foot wide, utility clear in
industrial zones, except in areas of concentrated retail uses where
sidewalk is to be full width.
G. That it has been a policy of the City to require applicants to either design
and construct sidewalks as part of a project, or enter into an agreement to
construct sidewalks in the future when the project involves the
construction of additional floor area or a change in use.
H. That concerns have been expressed by property owners on the burden to
design and construct sidewalks as condition of approval of
development/improvement application.
I. That appropriate policy is necessary to ensure equitable and consistent
conditions of approval are applied to development applications.
Resolution No. 16-12
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J. That a policy requiring sidewalks be installed on all streets is consistent
with the General Plan Circulation Element as follows:
• GOAL 1: Provide a system of streets that meets the needs of current
and future inhabitants and facilitates the safe and efficient movement
of people and goods throughout the City consistent with the City's
ability to finance and maintain such a system.
• Policy 1.16: Continue to require dedication of right-of-way and
construction of required public improvements on streets adjacent to
construction projects at the developers expense.
• Policy 6.1: Promote the safety of pedestrians and bicyclists by
adhering to uniform standards and practices, including designation of
bicycle lanes, off-road bicycle trails, proper signage, and adequate
sidewalk, bicycle lane, and off-road bicycle trail widths.
• Policy 6.2: Maintain existing pedestrian facilities and require new
development to provide pedestrian walkways between developments,
schools and public facilities.
• Policy 6.3: Ensure accessibility of pedestrian facilities to the elderly
and disabled.
• Policy 6.8: Support retrofit installation of sidewalks in industrial districts
and Planned Community Business Parks as development occurs.
• Policy 6.12: Provide for a non-vehicular circulation system that
encourages bicycle transportation and pedestrian circulation.
• Policy 6.14: Require new development to dedicate land and fund
improvement of bicycle, pedestrian and equestrian facilities, where
deemed necessary to meet public needs arising in conjunction with
development.
K. That American with Disabilities Act (ADA) and Title 24 of the California
Building Standards Code require that public rights-of-way and facilities to
be accessible to persons with disabilities. These statutes prohibit public
agencies from discriminating against persons with disabilities by excluding
them from services, programs, or activities. These statutes mean that the
all State and local government agencies must provide pedestrian access
for persons with disabilities to the agency's streets and sidewalks,
whenever a pedestrian facility exists.
The City Council hereby adopts a policy related to sidewalks as follows:
1. Sidewalks should be required on all streets.
2. An improvement for the purpose of requiring sidewalks means any new
development, redevelopment, change of use/occupancy, or significant
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intensification of any use. For purposes of this policy, an improvement does
not include maintenance work, minor repairs, or replacements which do not
intensify any use pursuant to the California Building Code and/or Zoning
Code.
3. For Single Family Residential Neighborhoods*:
Upon improvement, the City shall:
o Obtain necessary right-of-way from property owner.
o Require property owners to dedicate portion of their property to
accommodate sidewalks at time of improvement.
o Construct sidewalk upon securing appropriate right-of-way and
necessary funding.
If a single family residential subdivision is proposed, then number
4 below shall apply.
4. For Multiple Family Residential and Industrial Areas:
Upon improvement, the City shall:
o Obtain necessary right-of-way from property owner.
o Require sidewalks to be designed and constructed by property
owner/applicant at time of improvement unless deemed otherwise by
the City Engineer.
0 Property owner/applicant is to pay for the costs to construct sidewalk.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on
the 19th day of April 2016.
JOHN -NIlt-L-SEN,
Mayop
ATTEST
ERICA N. BE,
City Clerk
Resolution No. 16-12
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Rabe, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council is
five; that the above and foregoing Resolution No. 16-12 was duly and regularly passed and
adopted at a regular meeting of the City Council held on the 19th day of April, 2016 by the
following vote:
COUNCILMEMBER AYES: Nielsen, Bernstein, Gomez, Murry,-
Puckett
urry,Puc e ( 5 )
COUNCILMEMBER NOES: tonne ( 0)
COUNCILMEMBER ABSTAINED: None (p )
COUNCILMEMBER ABSENT: None ( o )
1h,/V '111
ERICA N. RABE,
City Clerk
Resolution No. 16-12
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