Loading...
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 Page 1 of 4 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 Resolution No. 16-12 Page 2 of 4 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 Page 3 of 4 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 Page 4 of 4