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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