HomeMy WebLinkAboutORD 01 (1993)ORDINANCE NO. 01 1993►
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR ADDING A NEW CHAPTER 22.78 TO
TITLE 22 OF THE LOS ANGELES COUNTY CODE AS
HERETOFORE ADOPTED BY REFERENCE 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.
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.
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(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superseded from time to time, as necessary to meet congestion and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.
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(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 Diamond Bar 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 Diamond
Bar conducted and concluded a duly noticed public hearing on the
within Ordinance on February 22 , 1993 and recommended, by its
Resolution No.pr93-06 that this City Council adopt the within
Ordinance.
(xii) This City Council, on March 2. , 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.
D. Ordinance.
NOW TBSRSFORB, the City Council of the City of Diamond
Bar does ordain as follows:
Section 1: In all respects as set forth in the
Recitals, Part A, of this Ordinance.
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Section a: The City Council hereby finds that Negative
Declaration No. q'A-4 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 Diamond Bar, and further,
this City Council has reviewed and considered the information
contained in said Negative Declaration No. 93-4 with
respect to the Ordinance set forth herein.
Section 1: 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 5_: 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. 93-4 , there
is no evidence before this City Council that the proposed —
Ordinance will have potential for an adverse impact on wildlife
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resources 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 ¢: A new Chapter 22.78 hereby is added to
Title 22 of the Los Angeles County Code as heretofore adopted by
reference to read, in words and figures, as follows:
"CHAPTER 22.78
11TRIP REDUCTION AND TRAVEL DEMAND MEASURES
11seations:
"22.78.010 Definitions
1122.78.020 Review of Transit Impacts
"22.78.030 Transportation Demand and Trip
Reduction Measures
1122.78.040 Monitoring
"22.78.050 Penalties for Violation of Chapter
"22.78.060 Civil Remedies Available
"22.78.070 Severability
"Section 22.78.010. 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
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 22.78.030.
"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.
"E. `The California Environmental Quality Act (CEQA)'
means the provisions of California Public
Resources Code §§ 21000, at 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. --
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"G. 'Development' means the construction or addition
of new building square footage. Additions to
buildings which existed prior to the adoption of
this Chapter and which exceed the thresholds
defined in Section 22.78.030 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
"j 21 1"ParkinQ Devoted jt4 Employees
"Commercial 30%
"Office/Professional 85%
"Industrial/Manufacturing 90%
"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
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convenient to a place of employment than parking
spaces provided for single occupant vehicles.
"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 —,
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or eliminate them altogether (as is the case in
telecommunting or compressed work weeks).
'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 22.78.020. REVIEW OF TRANSIT IMPACTS
"All development projects for which an Environmental
Impact Report (EIR) is required to be prepared shall be
subject to the Land Use Analysis Program contained in the
Los Angeles County Congestion Management Program (CMP), and
shall incorporate into the EIR an analysis of the projects
impacts on the regional transportation system. Said
analysis shall be conducted consistent with the
Transportation Impact Analysis (TIA) Guidelines contained in
the most recent Congestion Management Program adopted by the
Los Angeles County Metropolitan Transportation Authority.
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"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
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
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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 22.78.030. 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.
"This Chapter shall not apply to projects for which a
development application has been deemed "complete" by the
City pursuant to California Government Code § 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:
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"(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;
"(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.
"2. Non -Residential development of 50,000 square feet
or more shall comply with Section 22.78.030 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
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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.
"(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
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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 22.78.030 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.
"(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.
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"Section 22.78.040. 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 22.78.050. 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.
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 One Thousand Dollars ($1,000.00), 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.
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"Section 22.78.060. 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 22.78.070. 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,
paragraphs, sentences and words of this Chapter shall remain
in full force and effect."
Section Z: The City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to be posted
in three (3) public places within the City of Diamond Bar
pursuant to the provisions of Resolution No. 89-6B.
ADOPTED AND APPROVED this 76t -h day of March
A�— 'a, a
Mayor
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I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 2nd day of March , 1993, and
was finally adopted at a regular meeting of the City Council of
the City of Diamond Bar held on the 16+h day of March ,
1993, by the following vote:
AYES: COUNCIL MEMBERS: Forbing, MacBride, Werner,
Mayor Pro Tem Papen, Mayor Miller
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
ATTEST: _ J
ty Jerk ozf7 the lif y of --
Diamond Bar - _
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