HomeMy WebLinkAboutORD 1416 (2012)AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY
CODE SECTION 9252J3(d)(3) TO PROVIDE AN
ADDITIONAL PARKING EXCEPTION FOR THE
COMMERCIAL PORTION OF THE CULTURAL
RESOURCES DISTRICT.
The City Council of the City of Tustin ordains:
Section 1. The City Council finds and determines as follows:
A. That on June 20, 1988, the Tustin City Council adopted Ordinance No. 1001
providing three parking options to assist the development of new projects in
Old Town without the provision of all required onsite parking.
B. That on February 19, 2008, the Tustin City Council approved a
comprehensive Parking Study for Old Town Tustin which found that Old Town
Tustin's existing parking supply is not heavily utilized, and that there is
significant available public parking available.
C. That the acquisition of additional public parking areas is not necessary at this
time. And, "no-cost" leases and in-lieu waivers utilized in the past provide no
offset for maintenance costs assumed by the City for public parking facilities
utilized for private purposes.
D. That the Tustin City Council considered Code Amendment 2012-002
(Ordinance No. 1416) that proposes a fourth parking option to foster
economic development, create jobs, and increase the number of persons
shopping and working in Old Town Tustin.
E. That although new development in Old Town may meet the City's parking
requirements by providing parking onsite or in any other manner provided by
the Code, Ordinance No. 1416 enables an Old Town developer to request,
and upon City approval, receive a waiver of all or a portion of a proposed
development's private, onsite parking spaces following the developer's
agreement to compensate the City for the use and maintenance of an equal
number of public street or lot parking spaces.
F. That on March 20, 2012, a public hearing was called, and held before the City
Council concerning Code Amendment 2012-002 (Ordinance No. 1416).
Ordinance No. 1416
Page 1 of 4
G. That Ordinance No. 1416 is exempt from environmental review under CEQA
pursuant to Section 15061(b)(3) of the State CEQA Guidelines. This section
provides that a project is exempt from environmental review where it can be
seen with certainty that there is no possibility that the activity in question may
have a significant effect on the environment. The proposed amendment deals
only with procedural matters related to an existing parking relief process and
would not change any development or use standards, cause any
development to occur, or otherwise directly or indirectly affect the
environment.
H. That Code Amendment 2012-002 (Ordinance No. 1416) is considered minor,
proposes no revisions that would alter the development potential of any
property in the City, and is therefore consistent with the Tustin General Plan.
Section 2. Section 9252J3(d)(3) of Part 1 of Chapter 2 of Article 9 of the Tustin City
Code is hereby amended to read as follows (new text underlined):
(3) As an exception to the general sections of this Chapter and other
provisions of the Zoning Ordinance, when commercial and professional
properties are developed or converted to permitted uses under the
provisions of this section, on-site parking requirements may be modified
under any one or a combination of the following provisions:
09 0 "MR.
a. Property or properties that lie within a Vehicle Parking Assessment
g
District or Business Improvement Area shall be exempt from the
requirement for on-site parking accommodations, subject to the
provisions of the Parking or Improvement District Ordinance.
b. On-site parking requirements may be waived upon the presentation to
the City of a long term lease, running with and as a condition of the
business license, for private off-site parking accommodations within
300 feet of the business or activity to be served.
c. All or a portion of required number of parking spaces may be satisfied
by depositing with the City an amount, to be used for public parking
accommodations within the area, equal to four (4) times the assessed
value as determined from the latest assessment roll of the County
Assessor, of 200 square feet of land within the area, for each required
parking space not otherwise provided.
d. Development proposed within both the Central Commercial District (C-
2) and the Old Town Commercial General Plan land use designation
(the commercial portion of Old Town Tustin), may satisfy all or a
portion of the required number of on-site parking spaces through the
payment of a fee, in an amount determined by Fee Resolution of the
Ordinance No. 1416
Page 2 of 4
City Council, upon a determination of the Tustin Planning Commission
that the proposed project meets the following findings:
• The proposed project is an infill project located within the
commercial district of Old Town.
• That the proposed project is considered to be relatively small.
• That the proposed project has incorporated building or site design
enhancements that make it an outstanding addition to Old Town
Tustin.
• That the proposed project provides some onsite parking, but is
aesthetically superior to one that provided all required parking on
site.
• That the project applicant shall agree to pay an annual fee for each
public space not provided on site.
• Other findings that may be adopted from time to time by the City
Council.
Section 3. If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason held 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, sentence, 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 he ity Council of the City of
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Tustin on this 3 day of April, 2012. �-\ !!� 1 ( %
JOHN
Mayor
ATTEST:
PAMEbVSTOKER,
City Clerk
Ordinance No. 1416
Page 3 of 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss.
CITY OF TUSTIN
1, PAMELA STOKER, 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 five; that the above and foregoing Ordinance No. 1416
was duly and regularly introduced and read at the regular meeting of the City Council
held on the 20 day of March, 2012, and was given its second reading, passed and
adopted at a regular meeting of the City Council held on the 3 day of April, 2012, by
the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Nielsen, Murray, Amante, Gomez (4)
None (0)
None (0)
Gavello (1)
Ordinance No. 1416
Page 4 of 4
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