HomeMy WebLinkAboutCC AG PKT 2002-08-26 #J 0
AGENDA REPORT �e
DATE: August 26, 2002
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
• FROM: Lee Whittenberg, Director of Development Services
SUBJECT: AMENDMENT TO ORDINANCE 1338 REGARDING
"TRANSPORTATION DEMAND MANAGEMENT"
SUMMARY OF REQUEST:
Introduce Ordinance No. , "An Ordinance of the City of Seal Beach Amending
Ordinance Number 1338 Regarding Transportation Demand Management" and schedule
second reading for September 9, 2002
BACKGROUND: •
In 1991 the City of Seal Beach adopted Ordinance No. 1338, which amended the Code of
the City of Seal Beach to add Article 32 entitled "Transportation Demand Management"
to Chapter 28 (Zoning) of the Code. This action was taken to qualify the City to receive
the Measure M local share of gas tax revenues approved by the voters in Orange County
in 1990.
As part of the re- certification process the City must conform to certain requirements of
the Orange County Transportation Authority ( "OCTA ") to remain eligible to receive
these important road maintenance funds. Within the "recital" portion of Ordinance 1338
specific regional regulations of the South Coast Air Quality Management District and
regulations of the adopted "Air Quality Management Plan" were referenced. Between
1991 and now, those specific references are no longer applicable and OCTA is requiring
the ordinance to be revised to reflect the current appropriate references, or delete that
particular recital. Staff is recommending the recital be deleted, as a future change in the
applicable regional regulations and rules would require a further amendment to the
ordinance.
FISCAL IMPACT:
•
Failure to revise Ordinance 1338 would result in the loss of Measure M local turn -back
funds, estimated at approximately $250,000 to $350,000 per year between now and 2009-
2010, totaling approximately $2,600,000 during that period of time. /
Agenda Item k- 7--c
C:\My Documents\MEASURE.M\Amend Ord 1338.CC Staff Report.doc \LW\08 -19 -02
City Council Staff Report re:
Amendment to Ordinance 1338, "Transportation Demand Management"
Conformance with OCTA Request
August 26, 2002
RECOMMENDATION:
Introduce Ordinance No. 1338, "An Ordinance of the City of Seal Beach Amending
Ordinance Number 1338 Regarding Transportation Demand Management" and schedule
second reading for September 9, 2002
NOTED AND . ' PROVED:
/
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/y,m....Lf - .1
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e Whittenberg John : ., : ahorski
rector of Development Services City /anager
Attachments: (2)
ATTACHMENT 1: Ordinance No. , An Ordinance of the City of Seal
Beach Amending Ordinance Number 1338 Regarding
Transportation Demand Management
ATTACHMENT 2: Ordinance No. 1338, An Ordinance of the City of Seal
Beach, California Amending the Code of the City of Seal
Beach to add Article 32 Entitled "Transportation Demand
Management" to Chapter 28 of that Code
•
Amend Ord 1338 CC Staff Report 2
City Council Staff Report re:
Amendment to Ordinance 1338, "Transportation Demand Management"
Conformance with OCTA Request
August 26, 2002
ATTACHMENT 2
ORDINANCE NO. 1338, AN ORDINANCE OF
THE CITY OF SEAL BEACH, CALIFORNIA
AMENDING THE CODE OF THE CITY OF
SEAL BEACH TO ADD ARTICLE 32
ENTITLED "TRANSPORTATION DEMAND
MANAGEMENT" TO CHAPTER 28 OF
THAT CODE
Amend Ord 1338.CC Staff Report 4
ORDINANCE NO.M8
AN ORDINANCE OF THE CITY OF SEAL BEACH,
CALIFORNIA AMENDING THE CODE OF THE CITY OF
SEAL BEACH TO ADD ARTICLE 32 ENTITLED
"TRANSPORTATfON DEMAND MANAGEMENT" TO CHAPTER
28 OF THAT CODE
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:
Section 1. The City of Seal Beach, California, hereby
finds and determines that:
A. State law requires the development of a county -wide
Congestion Management Program and mandates the adoption of a Trip
Reduction and Travel Demand Management Ordinance.
B. Other Transportation Demand Management (TDM) program
requirements have been adopted for the region, including Regulation '
XV and Appendix IV -G of the Air Quality Management Plan (AQMP)
entitled "Control Measures."
C. Increased traffic congestion contributes to
significant deterioration in air quality, increases the inefficient
use of energy resources, and adversely impacts the public and
private sectors LIT reducing the productivity of the work force.
D. Various rrograms, including the Congestion
Management Program (CMP), ' and encourage the use of TDM
strategies to increEse mobility and improve the general efficiency
of the transportation system by enhancing vehicle flow on, and
managing demand for, existing transportation facilities.
E. Implementation of TDM strategies at the local level
will provide significant public benefits by improving air quality,
enhancing the effectiveness of the existing transportation system,
and reducing energy consumption.
F. Coordinated TDM efforts among all local
jurisdictions in the County can contribute to air quality
improvements, energy conservation, and decreased noise and traffic
congestion.
Section 2. Chapter 28 of the Code of the City of Seal
Beach is hereby amended to add Article 32 to read as follows:
"Article 32. Transportation Demand Management.
Sec. 28 -3200. Purpose and Intent
A. This article is intended to comply with Section
65089.3(a)(2) of the California Government Code, which
requires the City to adopt a Trip Reduction and Travel Demand
Management Ordinance.
B. New coo :tmercial, industrial, and mixed -use developments
which emp'_c:• 1('O or more persons adversely impact existing
transportat:cc 5nd pelYking facilities, resulting in increased
motor vehicle: eniss1 ?r , deteriorating levels of service on
roadways, and -s.: require significant capital expenditures to
augment the existing transportation system. In order to more
efficiently utilize the existing and planned transportation
system and to reduce vehicle emissions, it is the policy of
the City to:
1. Reduce the number of peak - period vehicle trips
generated by development;
2. Promote and encourage the use of alternative
transportation modes such as ridesharing, carpools, vanpools,
Ordinance Number /
e. Mixed use developments are deemed to
employ a number of persons equal to the total of the estimates
generated by applying paragraphs (3)(a) through 3(d) of this
section to the various components of the project.
Sec. 28 -3203. Development Standards. An applicant shall
incorporate into a project the following improvements in the
manner and to the extent required by the decision - maker:
A. Preferential Parking for Carpool Vehicles
1. The applicant shall reserve employee
parking spaces for carpool vehicles in a number specified by
the decision -maker and shall mark those spaces "Carpool Only."
2. The applicant shall permit carpool spaces
to be used only for vehicles in which at least two employees
or tenants of the project, or employees or tenants of
neighboring projects as to which the City has approved a
Reciprocal Preferential Carpool Parking Agreement for the
benefit of the instant project, regularly travel to the
project.
3. Such carpool spaces shall be located near
employee entrances or at other preferential locations approved
by the Director.
B. Bicycle Parking and Shower Facilities
1. An applicant shall provide secure, adequate and
convenient storage for bicycles.
2. An applicant shall provide showers and locker
rooms for employees of each sex in each building with a floor
area of 100,000 or more square feet. The decision -maker may
require an applicant to provide such facilities in any
development with a total floor area of 100,000 or more square
feet, even though no single building has a floor area of
100,000 or more square feet.
C. Bus Stop Improvements
1. An applicant who proposes a development
adjacent to one or more roadways on which public transit is
provided may be required to provide bus pullouts, bus pads,
and bus shelters to the extent specified by the decision -maker
if the decision -maker determines that the project will
generate significant transit ridership and that the provision
of such improvements is required to avoid traffic congestion
or other public safety hazards due to the loading and
unloading of transit passengers at the development site. Such
improvements may also be required of developments adjacent to
roadways on which the decision -maker determines that it is
reasonably foreseeable that public transit will be provided
within the estimated useful life of those improvements.
D. Information on Transportation Alternatives
1. An applicant who proposes a development with
a floor area of 25,000 or more square feet shall provide a
bulletin board, computer display or other information area
that offers appropriate information on available
transportation alternatives to the single- occupancy vehicle.
This area shall be centrally located and accessible to all
employees and tenants of the development project.
2. The information provided pursuant to paragraph
(D)(1) of this section may include:
a. Current maps, routes and schedules for
public transit;
Ordinance Number /0„,/g
permitted in the M -1 zone of the City pursuant to Article 15
of this Chapter.
I. "Peak- Period" means the hours between 6 a.m. and
10 a.m., Monday through Friday.
•
J. "Property Owner" means the legal owner or owners of
real property on which a development project is located.
K. "Tenant" means "an employer which leases space in a
development project.
L. "Transportation Demand Management (TDM)" means the
implementation of programs, plans or policies designed to
encourage changes in individual travel behavior. TDM
includes, but is not limited to, programs which encourage
alternatives to the single occupant vehicle (SOV) such as
carpools, vanpools and transit; reduction or elimination of
vehicle trips, and efforts to encourage rescheduling of peak -
period trips to non -peak periods.
M. "Trip Reduction" means reducing the number of work -
related trips in single- occupancy vehicles during the peak
period.
N. "Worksite" means a building, or group of buildings
located on one or more adjacent lots, as that term is defined
in Section 28- 247(a) of this Code, which are owned or operated
by one employer or by two or more employers under common
control. Two or more employers shall be deemed to be "under
common control" if any person or entity possesses, directly
or indirectly, power to direct, or to cause the direction of,
the management and policies of those employers.
Sec. 28 -3202. Application.
A. The provisions of this article apply to all
development projects that are estimated to employ 100 or more
persons under the methodology set forth in Section 28- 3202(B)
of this Code.
B. Total employment of a development project shall be
estimated as follows:
1. Subject to the approval of the decision - maker,
an applicant may prepare employment projections for a project;
or
2. The decision -maker may estimate the number of
employees to be generated by a project under the criteria of
Section 28- 3202(B)(3) of this Code. Alternatively, the
decision -maker may approve a different estimate on the basis
of substantial credible evidence that the employment generated
by a project will differ from the estimate calculated under
the standards of that section.
3. a. Commercial uses as defined in Section 28-
3201(H) of this Code are deemed to generate one employee for
each 500 feet of floor area.
b. Professional offices, as that term is
defined in Section 28 -264 of this Code, are deemed to generate
one employee for each 250 square feet of floor area.
c. Light industrial uses, as defined in
Section 28- 3201(H) of this Code, are deemed to generate one
employee for each 525 square feet of floor area.
d. Hotels, as defined in Section 28 -243 of
this Code, are deemed to generate 1 employee per room.
Ordinance Number /9., c
public bus and rail transit, bicycles and walking, and the
development of facilities that support such modes;
3. Reduce vehicle trips, traffic congestion, and public
expenditure and improve air quality pursuant to existing
project review and permit processing procedures;
4. Promote coordinated implementation of strategies to
reduce transportation demand on a county -wide basis.
5. Achieve the most efficient use of local resources -
through coordinated and consistent regional and local TDM
programs.
Sec. 28 -3201. Definitions. The following definitions shall
apply to this article:
A. "Applicant" means a person who is responsible for
the planning, design or construction of a development project.
B. "Decision- maker" mearis the City Council. for a
development project that requires any approval required by
this Code to be considered by the City Council in the absence
of an appeal. "Decision- maker" means the Planning Commission
for a development project that requires no approval which is
required by this Code to be considered by the City Council in
the absence of an appeal but does require at least one
approval which is required by this Code to be considered by
the Planning Commission in the absence of an appeal.
"Decision- maker" means the Director for a development project
that requires no approval which is required by this Code to
be considered by the Planning Commission or City Council in
the absence of an appeal.
C. "Development Project" and d mean any -
project, other than an exclusively residential project, which
requires at least one discretionary approval by the City and
which meets or exceeds the employment thresholds set forth in
Section 28 -3202 of this Code.
D. "Director" means the Director of Development
Services and includes, unless the context clearly requires
otherwise, his or her designee.
E. "Employee" means any person employed by an employer.
F. "Employer" means any person or persons, firm,
business, educational institution, government agency, non-
profit agency or corporation, or other entity which employs
100 or more persons at a single worksite.
G. "Floor Area" means the sum of the horizontal areas
of all floors within a building measured from the exterior
faces of exterior walls or from the centerline of party walls
separating two buildings. The floor area of any basement,
cellar or attic with headroom of more than six and one -half
feet (6 -1/2') shall be included. A basement, cellar or attic
floor space with six and one -half feet (6 -1/2') of headroom
• or less, as well as the area of courtyards and floor area
devoted to parking and maneuvering of vehicles, shall be
excluded.
H. "Mixed -Use Development" means a development that
combines any of the following land uses with one or more of
the others: residential uses, professional offices as that
term is defined in Section 28 -264 of this Code, commercial
uses, light industrial uses, and industrial parks as that term
is defined in Section 28 -243.1 of this Code. As used in this
paragraph (H), "commercial" uses are those permitted in the
C -1 and C -2 zones of the City pursuant to Articles 13 and 14
of this Chapter and "light industrial" uses are those
Ordinance Number
b. Ridesharing match lists;
c. Available TDM incentives; and
d. Ridesharing promotional material.
E. Pedestrian Access
1. An applicant shall provide paved pathways
following direct and safe routes from the external pedestrian
circulation system to each building in the development.
Sec. 28 -3204. Property Owner Responsibility. The property
owner shall be responsible for providing and maintaining the
facilities and services specified in Section 28 -3203 of this
Code and for otherwise complying with the provisions of this
article.
Sec. 28 -3205. Enforcement and Penalties.
1. No building permit, certificate of occupancy,
or other entitlement for use may issue pursuant to this Code
unless an appropriate officer of the City determines that the
development project for which the permit is sought fully
complies with the requirements of this article.
2. If during the construction of a development it
comes to the attention of the Director that construction is
deviating from the plans approved by the City in a manner that
will result in a fai?rre to comply with the requirements of
this article, Director shall authorize the issuance of one
or more stop work orders pursuant to this Code.
3. The provisions of this article may be enforced
by any other means permitted by this Code or by other law.
Sec. 28 -3206. Appeal. Any decision under this article may
be appealed pursuant to Article 29.4 of this Code."
Section 3. Severability.
If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance, or the application thereof to any person
or place, 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 hereby declares that it would
have adopted this Ordinance, and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases or portion
thereof be declared invalid or unconstitutional.
PASSED, APPROVED and ADOPTED this ‘2 day of
` , 1991.
MAYOR
•
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Ordinance Number /30.,9
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach California
do hereby certify that the foregoing erdinance No. /33g was duly
introduced and given first reading regular meeting of the City
Council on the A* day of , •91 and that
thereafter, said Ordinance was duly . qpt ( d and p- sse• at a regular
meeting of the City Council on the ��` -day of ..,,_g_i
1991, by the following vote: .
AYES: Councilmembers: i/0 � p 1 I / 4 L���Gl:CA0 )/
NOES: Councilmembers: p '
ABSTAIN: Councilmembers:
VACANCY: Councilmembers: ` `l, '
2u a C/�
Jo M. Yeo, City erk