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HomeMy WebLinkAbout465f` NO. 465 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE ADDING A NEW CHAPTER 17.66 TO TITLE 17 OF THE IRWINDALE MUNICIPAL CODS PERTAINING TO TRIP REDUCTION AND TRAVEL DEMAND MEASURES A. Recitals. (i) The Legislature of the State of California has found that the lack of an integrated transportation system and increases in the number of vehicles are causing traffic congestion that each day results in hundreds of thousands of hours lost in traffic, tons of pollutants released into the air and millions of dollars of added costs to the motoring public. (ii) The Legislature has adopted legislation requiring the preparation and implementation of a Congestion Management Program ("CMP") by county transportation commissions or other public agencies of every county that includes an urbanized area. (iii) The Metropolitan Transportation Authority ("MTA") is responsible for the preparation of the -CMP for Los Angeles County ("County"). (iv) The CMP must contain a trip reduction and travel demand management element that promotes alternative transportation methods, such as carpools, vanpools, transit, bicycles, walking and park-and-ride lots, improvements in the balance between jobs and housing, and other strategies, including flexible work hours, telecommunting and parking management programs. 1 (v) The County and every city within the County is required by law to adopt and implement a Transportation Demand Management ("TDM") ordinance as an important element of the Congestion Management Program to relieve congestion and improve air quality. (vi) MTA must determine annually whether the County and cities within the County are conforming to the CMP, including the requirement to adopt and implement a TDM ordinance. (vii) Because the CMP is an evolving program which will be developed incrementally, as experience is gained through its implementation, this TDM Ordinance may be amended or superseded from time to time, as necessary to meet congestion and air quality goals. (viii) The State Clean Air Act requires regions to attain a 1.5 person per vehicle occupancy rate during the commute period by the year 1999. (ix) This Ordinance is intended to comply with the CMP's requirements for a TDM ordinance. The requirements of South Coast Air Quality Management District ("District") Regulation XV are separate from this Ordinance, and administrated by the District. Nothing herein is intended, nor shall it be construed, to limit or otherwise preclude employers from offering or providing additional inducements to use alternatives to single -occupant vehicles to their employees necessary to meet Regulation XV requirements. 2 (x) In order to use the existing and planned transportation infrastructure more efficiently, maintain or improve traffic levels of service, and lower motor vehicle emissions, it is the policy of the City of Irwindale to minimize the number of peak period vehicle trips generated by additional development, promote the use of alternative transportation, improve air quality and participate in regional and countywide efforts to improve transportation demand and management. (xi) The Planning Commission of the City of Irwindale conducted and concluded a duly noticed public hearing on the within Ordinance on March 4, 1993 and recommended, by its Resolution N0.225(9�)that this City Council adopt the within Ordinance. (xii) This City Council, on March 18, 1993, conducted a duly noticed public hearing as required by law on the within Ordinance and concluded said hearing prior to the adoption of this Ordinance. (xiii) All legal prerequisites to this adoption of this Ordinance have occurred. B. Ordinance. NOW THEREFORE, the City Council of the City of Irwindale does ordain as follows: Section 1: In all respects as set forth in the Recitals, Part A, of this Ordinance. 3 Section 2-: The City Council hereby finds that Negative Declaration No. ND 93-1 has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, that said Negative Declaration and the Initial Study therefor reflect the independent judgment of the City of Irwindale, and further, this City Council has reviewed and considered the information contained in said Negative Declaration No. ND 93-1 with respect to the Ordinance set forth herein. Section _J: The City Council hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into the proposed ordinance, no significant adverse environmental effects will occur. Section g: The City Council finds that facts supporting the above-specified findings are contained in the Negative Declaration, the staff report and exhibits, and the information provided to this City Council during the public hearing conducted with respect to the Ordinance and the Negative Declaration. Section 9: Pursuant to the provisions of § 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Negative Declaration No. ND 93-1, there is no evidence before this City Council that the proposed Ordinance will have potential for an adverse impact on wildlife resources 4 or the habitat upon which wildlife depends. Further, based upon substantial evidence contained in the Negative Declaration, the staff report and exhibits, and the information provided to the City Council during the public hearing, this City Council hereby rebuts the presumption of adverse effect as set forth in § 753.5(c -1-d) of Title 14 of the California Code of Regulations. Section 6: A new Chapter 17.66 hereby is added to Title 17 of the Irwindale Municipal Code to read, in words and figures, as follows: "CHAPTER 17.66 "TRIP REDUCTION AND TRAVEL DEMAND MEASURES "Sections: "17.66.010 Definitions "17.66.020 Review of Transit Impacts "17.66.030 Transportation Demand and Trip Reduction Measures "17.66.040 Monitoring "17.66.050 Penalties for Violation of Chapter "17.66.060 Civil Remedies Available 1117.66.070 Severability "Section 17.66.010. DEFINITIONS "The following words or phrases shall have the following meanings when used in this Chapter: "A. `Alternative Transportation' means the use of modes of transportation other than the single passenger motor vehicle, including, but not 5 limited to, carpools, vanpools, buspools, public transit, walking and bicycling. "B. `Applicable Development' means any development project that is determined to meet or exceed the project size threshold criteria contained in Section 17.66.030. "C. `Buspool' means a vehicle carrying sixteen (16) or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule. "D. `Carpool' means a vehicle carrying two (2) to six (6) persons commuting together to and from work on a regular basis. HE. `The California Environmental Quality Act (CEQA)' means the provisions of California Public Resources Code H 21000, et seq., and the Guidelines promulgated thereunder (Division 6 of Title 14 of the California Code of Regulations). 'F. `Developer' shall mean the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this Chapter as determined by the property owner. "G. `Development' means the construction or addition of new building square footage. Additions to 0 buildings which existed prior to the adoption of this Chapter and which exceed the thresholds defined in Section 17.66.030 shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage. "H. 'Employee Parking Area' means the portion of total required parking at a development used by onsite employees. Unless otherwise specified in the Zoning Code, employee parking shall be calculated as follows: Percent of Total Required " of Parking Devoted to Employees "Commercial 30% "Office/Professional 85% "Industrial/Manufacturing g0% "I. `Preferential Parking' means parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles. FA 'ti "J. `Property Owner' means the legal owner of a development who serves as the lessor to a tenant. The property owner shall be responsible for complying with the provisions of the ordinance either directly or by delegating such responsibility as appropriate to a tenant and/or agent. "K. `South Coast Air Quality Management District (SCAQMD)' is the regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin (the non -desert portions of Los Angeles, Orange, Riverside, and San Bernardino Counties.) "L. `Tenant' means the lessee of facility space at an applicable development project. "M. `Transportation Demand Management (TDM)' means the alteration of travel behavior -- usually on the part of commuters -- through programs of incentives, services, and policies. TDM addresses alternatives to single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommunting or compressed work weeks). 0 "N. `Trip Reduction' means reduction in the number of work-related trips made by single occupant vehicles. "O. `Vanpool' means a vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven (7) to fifteen (15) adult passengers, and on a prepaid subscription basis. "P. `Vehicle' means any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles. "Section 17.66.020. REVIEW OF TRANSIT IMPACTS "Prior to approval of any development project for which an Environmental Impact Report (EIR) will be prepared pursuant to or based on a local determination, regional and municipal fixed -route transit operators providing service to the project shall be identified and consulted with. Projects for which a Notice of Preparation (NOP) for a Draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of this ordinance shall be exempted from its provisions. The `Transit Impact Review Worksheet', contained in the Los Angeles County Congestion Management Program Manual, or similar worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent an NOP for all 9 contemplated EIR's and shall, as part of the NOP process, be given opportunity to comment on the impacts of the project, to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the Draft Environmental Report prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA. "Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made in the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR. "Section 17.66.030. TRANSPORTATION DEMAND AND TRIP REDUCTION MEASURES "A. Applicability of Requirements "Prior to approval of any development project, the applicant shall make provision for, at a minimum, all of the following applicable transportation demand management and trip reduction measures. 10 "This Chapter shall not apply to projects for which a development application has been deemed "complete" by the City pursuant to California Government Code g 65943, or for which a Notice of Preparation for a DEIR has been circulated or for which an application for a building permit has been received, prior to the effective date of this Chapter. "All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair. "B. Development Standards "1. Non -Residential development of 25,000 square feet or more shall provide the following to the statisfaction of the City: "(a) A bulletin board, display case, or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following: "(1) Current maps, routes and schedules for public transit routes serving the site; "(2) Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators; "(3) Ridesharing promotional material supplied by commuter -oriented organizations; 11 "(4) Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information; "(5) A listing of facilities available at the site for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians. 112. Non -Residential development of 50,000 square feet or more shall comply with Section 17.66.030 B.1, above, and shall provide all of the following measures to the satisfaction of the City: "(a) Not less than 10% of employee parking area(s), shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of City. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining access to such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants; provided that at all times at least one space for projects of 50,000 square feet to 100,000 square feet and two spaces for projects over 100,000 square feet will be signed/striped for carpool/vanpool vehicles. 12 "(b) Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of 712" shall be provided for such spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas. "(c) Bicycle racks or other secure bicycle parking shall be provided to accommodate 4 bicycles per the first 50,000 square feet of non-residential development and 1 bicycle per each additional 50,000 square feet of non- residential development. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or user of the bicycle, which protects the bicycle from inclement weather. Specific facilities and location (e.g., provision of racks, lockers, or locked room) shall be to the satisfaction of the City. 113. Non -Residential development of 100,000 square feet or more shall comply with Sections 17.66.030 B.1 and B.2 above, and shall provide all of the following measures to the satisfaction of the City: "(a) A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers. 13 "(b) Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development. "(c) If determined necessary by the City to mitigate the project impact, bus stop improvements must be provided. The City will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops. "(d) Safe and convenient access from the external circulation system to bicycle parking facilities onsite. "Section 17.66.040. MONITORING "The City shall ensure compliance with the measures required by this Chapter during project implementation. The project applicant shall demonstrate compliance with each measure in a written report submitted to the City prior to the issuance of building permit and show compliance prior to issuance of certificate of occupancy. As applicable, applicants may be required to provide periodic reports regarding compliance with such measures. "Section 17.66.050. PENALTIES FOR VIOLATION OF CHAPTER "It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Chapter. 14 ,� Any person, firm, partnership or corporation violating any provisions of this Chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Chapter is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Chapter. "Section 17.66.060. CIVIL REMEDIES AVAILABLE "The violation of any of the provisions of this Chapter shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. "Section 17.66.070. SEVERABILITY "The City Council declares that, should any provision, section, paragaraph, sentence or word of this Chapter be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, 15 paragraphs, sentences and words of this Chapter shall remain in full force and effect." Section 7: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this 25th day of March, 1993 Mayor I, DAVID CARETTO, City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Irwindale held on the 18th day of March , 1993, and was finally adopted at a regular meeting of the City Council of the City of Irwindale held on the 25th day of March , 1993, by the following vote: AYES: COUNCIL MEMBERS: Miranda, J., Miranda, P., Breceda Barbosa, and Diaz NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST • City Clerk of the City of Irwindale C\1021\ORDADD17.66\I 6.6 16