HomeMy WebLinkAboutCC Ord 1338 1991-06-24
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ORDINANCE NO./.J,a
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
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 ky reducing the productivity of the work ~orce.
D. Var.ious !,)"oqrams, including the Congestion
Management Program (CMP), ~~~ognize and encourage the use of TDM
strategies to increl:utl n.obility and improve the general efficiency
of the transportation system by enhancing vehicle flow on, and
managing demand fo~, existi~g transportation facilities.
E. Implementation of ~DM 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.
jurisdictions
improvements,
congestion.
Coordinated TDM efforts among all local
in the County can contribute to air quality
energy conservation, and decreased noise and traffic
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. TransDortation Demand Manaaement.
Sec. 28-3200. PurDose 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 C'o',:IlIlerC'i!:',I, industrial, and mixed-use developments
which emp~ C";" 1(1(1 or 'IIore persons adversely impact existing
transportatiC:'1 ::Tld p;;;)"king facilities, resulting in increased
motor vehicl~,. 6l'1isSl )t.,,'. deteriorating levels of service on
roadways, and ~3,; ~eq~ire significant capital expenditures to
augment the existing transportation system. In order to more
efficiently utilize the existing and pla~ned 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 s~~h as ridesharing, carpools, vanpools,
Ordinance Number /3,., g
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 reqional and local TOM
programs.
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Sec. 28-3201. Definitions. The followinq 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" means 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 Planninq Commission or City council in
the absence of an appeal.
c. "Development Project" and '''Project'' mean any I
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
Services and includes, unless the context
otherwise, his or her designee.
of Development
clearly requires
E. "Employee" means any person employed by an employer.
F. "Employer" means any person or persons, firm,
business, educational institution, qovernment 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 I
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, liqht 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
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Oi:dinan.ce Number /;3.:Jf!
permitted in the M-l zone,of the City pursuant to Article 15
of this Chapter.
r. "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.
"Trip Reduction," means reducing the number of work-
trips in single-occupancy vehicles during the peak
M.
related
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 p~rson 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. ADDlication.
A. The provision~ of this article apply to all
development projects that are estimated to employ 100 or more
persons under the methodo~ogy set forth in section 28-3202(B)
of this Code.
B. Total employment of a development project shall be
estimated as follows:
1. S'.lbje~t 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 square 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 I'~~~
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. DeveloDment Standards.
incorporate into a project the following
manner and to the extent required by the
An applicant shall
improvements in the
decision-maker:
A. Preferential Parking for Carpool Vehicles
1. The applicant shall reserve employee
parking spaces for carpool vehicles in a n~er specified by
the decision-maker and shall mark those spaces "Carpool Only."
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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 I
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 ~evelopments 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 I
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
(0)(1) of this section may include:
a.
public transit;
Current maps, routes and schedules for
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Ordinance Number ;I~~~
b. Aluesharing 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 ~ach building in the development.
Sec. 28-3204. Prooertv Owner Resoonsibilitv. 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 tt.~ attenticn of the Director that construction is
deviating from ~he pl~ns approved by the City in a manner that
will result in a faD ,'re to comply with the requirements of
this article, ~~~ Director shall authorize the issuance of one
or more stop work orde~s 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. Aooeal. Any decision under this article may
be appealed pursuant t9 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 anyone or more sections,
subsections, subdivisions, sentences, clauses, phrases or portion
thereof be declared invalid or unconstitutional.
PASSED, APPROVED and ADOPTED this dt;,l~ day' of
, 1991.
-- ~4...L gr, t-
4lUlll~ MAYOR ,
#~ SEAL e "'~
F", ~oo.ooo.~l'of 'II.
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Ordinance Number ~~;.?
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 forego in rdinance No. (8j8 was duly
introduced and giV~:irst reading t regular meet1ng of the City
Council on the 1!, day of 91 and that
thereafter, said Ord1nance was duly. at a regular I
meeting of the city Council on the ,
1991, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
VACANCY: Councilmembers:
Jo
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested In the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH JOURNAL, a
newspaper of general circulation,
printed and published weeklv In the
City of Seal Beach, County of Orange'
and which newspaper has been
adjudged a newspaper of general ,
.:irculatlon by the Superior Court of '
the County of Orange, State of
California, under the date of 2/24/75.,
Case Number A82583; that the notice
of which the annexed Is a printed '
copy (set in type not sm aller than
nonpareil), has been published In
each regular and entire Issue of said
newspaper and not In any supplement
thereof on the following dates, to-wit:
/I " '")
. I ) 1;':'~AJ .~ 0
all in the yeaiJ 19l1l..
I certify (or declare) under penalty of
perjury that the fo'regoln9 Is true andl
correct.
Dated at Seal Beach. California,
he .-rl""
this . -, ) day of' ~~l-' 19..u..
"'\ ' "
_~'TlUi-V~ l,,,....,,,",
'J Signature
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(213)430-7555
Ordinance Number ~~~
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
PUBLIC NOTICE/Public Hearing
....... I'... I.................
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..;. .. .J., I"' . . a~..... . .l5L.........I..t. ..1'.....1\(..
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NOTICE OF [~n;;~~";: ~~~TION win
PUBLIC HEARING 'beprepaied. ,
NOTICE IS HEREBY GIVEN lhat Code Sections'
the CIty Council of the CIty 01 SeeJ 28-2601,28.2503,28-2504
Beech wDI hold a pubroc hearing on
Monday, June 10, 1991, at 7:00 AnoI"lCBnt
p.m. in the City Councl Chambeq, City of Seal Beech
211 Eighth Street, Seal Beach,
California, to consider the following
i1Bm:
M the above time and place all
IntereslIld ~ may be, heard n
ZONING TEXT AMENDMENT 3-81 so deelred. II you chanenge the
prOposed aclIons in court, you may
TRANSPORTATION DEMAND be limited to raising only those
MANAGEMENT ORDINANCE Issues you or someone else raised
at the public hearing described in
!lmlllm , this notice, or in wrillen correspon-
! Add ArIlcle 32 to Chapter 28 01 I donee delivered to the City of Seal
The Code 01 the CIIY 01 Se.' ' Beach a~ or rior to the public
e.II eetabllshlng a Trip fle!I!Ic;.. hearing P , -
Ion and TravaI Demand ordInanCe '
in accordance with recenlly adopt-
ed SIaIe Assembly Bin 1791.
DATED THIS 24th ijay of May,
1991.
Joanne M. Yea, City Clerk
City of SeeJ Beech
May 30, 1991.
PuIished n I1e SeeI Beech Jounal
Ordinance Number /3311
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH JOURNAL, a
newspaper of general circulation,
printed and published weeklv in the
City of Seal Beach, County of Orange
and which newspaper has been
adjudged a newspaper of general
circulation by the Superior Court of
the County of Orange, State of
California, under the date of 2/24/75.
Case Number A82583; that the notice
of which the annexed is a printed
copy (set in type not smaller than
nonpareil), has been published in
each regular and entire issue of said
newspaper and not In any supplement
thereof on the following dates, to-wit:
........ J ".., c,,;;C
__ ~ t.'1J IL'"
all in the year 19...!U-.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, California,
this -:':'.'0 day of .J (L ;~"_' 19~.
/j "
L--'1drtIlA<! - iu..: _ ,i",)
:/ Signature
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(213)430-7555
This space for for the County Clerk's
Filing Stamp
I
Proof of Publication of
PUBLIC NOTICE/Summary Ordinance
............................ .
:f/.? :j.t~. .1(~rf.. '(c..!! d~iJ
SUMMARY
ORDNANCE NUIIBER 1338
TRANSPOR'1I.mN DEMAND
UAtoIAl",AIAIT
Ordlnanca Number 1338 of lha
City of Saal. Beach, amands the
Code of the CIty of Seal Beach tll
add 'Transporlation Demand Man.
agemanf lG Chapter 28 of said
Code, the resuft of volar approYBd
proposition 111 which, In part,
auIhorIzIld the Imposlllon of a nlna
canl par gallon gas tax, staged
ovar a 1Ml year parIod, Io-llnd vaI-
io18transpor1allan Improvements
throughout tha S1at8. Ordlnanca
Number 1338 was IntrodJl)d al
1ha regular City CouncU mae1lng of
June 10, 1991and f'nl reeding was
approved by the toIIcMing will:
I AYES: Farsy1ha, HastilgS,
i Laszlo
,
\ NOES: Nona
ABSENT: ~on
V~ANr::v: Ona
Mo1Ion carried
'I
Ordlnanca Numbar 1338 will
I raceiva sacand raading and ba
cons1clered tor adoptlon at 1ha reg-
ular City Coul1Cll mae1Ing of Mon-
day, June 24, 1991. Copies of I
OrdInance Number 1338 are aval.
able In 1hlt oftIce of the CIty CIeri<,
City Hall, 211.81h Streel, Seal
Beach; 1Blephana (213)431-2527.
DATED THIS 11th day of June,
1991.
Joanne M. Yea, CIty Cieri<
City of Seal B8ach
I June 20, 1991.
f'Utished il1he Seal Beach Jaumel.
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALI FORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or Inter- ,
ested In the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH JOURNAL. a
newspaper of general circulation,
printed and published weekly In the
City of Seal Beach. County of Orange
and which news"'f ~e~ hac; beGI1
adjudged a newspaper of gen',. ai,
circulation by the Sl.Ipei'!:lr Go;,.t c.f
the County of Orange, '::,ate of
California, under the date of 2/24/75.
Case Number A82583; that the notice
of which the annexed is a printed
copy (set in type not smaller than
nonpareil), has been published in
each regular and entire Issue of said
newspaper and not In any supplement
thereof on the following dates, to-wit:
=J<1t :; .
all In the year 1 .
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct.
Dated at Seal Beach. California,
this $ day of ~, 19 9~ ~
~71 Mtd Lvn:&!._
~. Signature . ,
PUBLICATION PP"lC-ESSED gv: '
THE JOURNAL NEWSPAPERS
216 Main !if.,'..et
P.O. BOA; 55
Seal Beach, CA 90740
(213)430-7555
Ordinance Number J'~~
.
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
PUBLIC NOTICE/Summary Ordinance
............................ .
1! !.3..:(~~:-: .11~:~7pJf.,*6~. f)(J~,J
SUMMAIW ~/JLaf/PJ.J1r!t'
ORDINAHCE NUIlBER1338
TlIANllIlllInJ.11ON IlAU.IIn
UAUA"""",",
, Ordinance Number 1338 of the
i City of Seal Beach, amencla tha
; Code 01 'lie CItt 01 SeelIleach tl
I add 'TransportaIon Demand Man.
: agemenr to Chapter 28 of said
, Code, to encourage programs to
I reduce peak-perlod vehicle 1rfPS,!
' allematiw IransponaUon modes,
ft. lor new commerclal, 1ndus1rf8I,
and mixed use developments
\ which employ one hundred or
more persons, \he result 01 voter
approved prIlIlO8l11on 111 wtllcII, In
pari. authorized lhelmposllon of a
nine cent per gallon gas tax,
s1aged _ a M year period, tl
fund various transportation
Ilmprovemente thrqughout the
: Slate, Ordinance Number 1338
, IllC8ived second reeding and _ :
, adopl8d by the City Councn at a
i ,.. meeIng IhenIol held on 1he
, 241h day of June, 1991, by 1he ill.
IowkIg VOIB:
AYES: - ForIythe, HastIngs,
Laszlo, WIson
i NOES: None
I' VN1#lr:Y: One
MotIon carried
CopIes 01 OnIlnance Number 1338
are evalleble In the olflce of the
City Clerk, City Hall, 2t1.8th
, Street, Seal Beach; telephone,
i (213)43t-2527. '
DATED THIS 25th day of June,
199t.
Joanne M. Yeo, CItt Clerk
City 01 SeelIleach
July 4, 199t.
Rtished il.. Seal Beach JournaL I