HomeMy WebLinkAboutORD 1064ORD 1064 pT3 (Ìì ¿ æ
ORDINANCE No. 1064
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADDING CHAPTER 17.33 WHICH ESTABLISHES TRIP
REDUCTION AND TRAVEL DEMAND MEASURES IN ACCORDANCE WITH
STATE GOVERNMENT CODE SECTIONS 65089 AND 65089.3
WHEREAS, the Legislature of the State of California has found
that the lack of an integrated transportation system and the increase
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; and
WHEREAS, 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; and
WHEREAS, the Metropolitan Transportation Authority MTA") is
responsible for the preparation of the CMP for Los Angeles County; and
WHEREAS, 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, improvement in the balance between jobs and
housing and other strategies, including flexible work hours,
telecommuting and parking management programs; and
WHEREAS, the County and every city within the County is
required by state law to adopt and implement a Transportation Demand
Management TDM) ordinance as an important element of the Congestion
Management Program to improve both congestion and air quality; and
WHEREAS, 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; and
WHEREAS, 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implementation, this TDM ordinance may be amended or superseded from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;
and
WHEREAS, the State Clean Air Act requires regions to attain a
1.5 vehicle occupancy during the commute period by the year 1999; and
WHEREAS, 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 Air District. Nothing
herein is intended, nor shall it be construed, to limit or otherwise
preclude employers from of fering or providing additional inducements
to use alternatives to single-occupant vehicles to their employees
necessary to meet Regulation XV requirements; and
WHEREAS, 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 Baldwin Park 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
management.
AND THEREFORE, the City Council of the City of Baldwin Park
does hereby ordain as follows:
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ORD 1064 pT3 (Ìì ¿ æ SECTION 1. Chapter 17.33 of the Baldwin Park Municipal
Code is hereby added as follows:
Chapter 17.33
TRIP REDUCTION AND TRAVEL DEMAND MEASURES
SECTIONS:
17.33.010 Application
17.33.020 Definitions
17.33.030 Review of Impacts
17.33.040 Development Standards
17.33.050 Maintenance
17.33.060 Monitoring
17.33.070 Enforcement
17.33.010 Application. Prior to approval of any development
project, the applicant shall make provision for, as a minimum,
all of the following applicable transportation demand management
and trip reduction measures. This Section shall not apply to
projects for which a development application has been deemed
complete" by the City pursuant to Government Code Section 65943,
or for which a Notice of Preparation for a draft EIR has been
circulated or for which an application for a building permit has
been received, prior to April 16, 1993.
17.33.020 Definitions.
A. Alternative Transportation. 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. Applicable Development" means
any development project that is determined to meet or
exceed the project size threshold criteria contained in
Section 17.33.040 of this ordinance.
C. Buspools. 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. Carpools" 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 CEOA). CEQA"
a statute that requires all jurisdictions in the State
of California to evaluate the extent of environmental
degradation posed by proposed development.
F. Developer. 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
Ordinance as determined by the property owner.
G. Development. Development" means the construction or
addition of new building square footage. Additions to
buildings which existed prior to the adoption of this
ordinance and which exceed the thresholds defined in
Section 17.33.040 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.
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ORD 1064 pT3 (Ìì ¿ æ H. Employee Parking Area. Employee Parking Area" means
the portion of total required parking at a development
used by on-site employees. Employee parking shall be
calculated as follows:
Percent of Total Required
Type of Use Parking Devoted to Employees
Commercial
Office/Professional 30%
85%
Industrial/Manufacturing 90%
I. Preferential Parking. Preferential Parking" means
parking 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.
J. Property Owner. 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 this Chapter either directly or
by delegating such responsibility as appropriate to a
tenant and/or his agent.
K. South Coast Air Quality Management District SCAQMD).
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. Tenant" means the lessee of facility space
at an applicable development project.
M. Transportation Demand Management TDM. TDM" means
the alteration of travel behavior--usually on the part
of commuter-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 telecommuting or compressed work weeks).
N. Trip Reduction. Trip Reduction" means reduction in
the number of work-related trips made by single occupant
vehicles.
0. Vanpool. Vanpool" means a vehicle carrying seven 7)
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 to fifteen adult
passengers, and on a prepaid subscription basis.
P. Vehicle. Vehicle" means including but not limited to
automobiles, vans, buses means any motorized form of
transportation, including but not limited to
automobiles, vans, buses and motorcycles.
17.33.030 Review of Impacts. Prior to approval of any
development project for which an Environmental Impact Report EIR)
will be prepared pursuant to the requirements of the California
Environmental Quality Act CEQA) or based on a local
determination, regional and municipal fixed-route transit
operators providing service to the project shall be identified and
consulted with. The Transit Impact Review Worksheet", contained
in the Los Angeles County Congestion Management Program Manual, or
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ORD 1064 pT3 (Ìì ¿ æ similar worksheets, shall be used in assessing impacts. Pursuant
to the provisions of CEQA, transit operators shall be sent a
Notice of Preparation 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 EIR 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 to 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.
17.33.040 Development Standards
A. Non-Residential development of 25,000 square feet
or more shall provide the following to the satisfaction of the
city:
1. 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:
a. Current maps, routes and schedules for public
transit routes serving the site;
b. Telephone numbers for referrals on
transportation information including numbers for the regional
ridesharing agency and local transit operators;
C. Ridesharing promotional material supplied by
commuter-oriented organizations;
d. Bicycle route and facility information,
including regional/local bicycle maps and bicycle safety
information;
e. A listing of facilities available for
carpoolers, vanpoolers, bicyclists, transit riders and
pedestrians at the site.
B. Non-Residential development of 50,000 square feet
or more shall comply with Section 17.33.040.A above and shall
provide all of the following measures to the satisfaction of the
City:
1. Not less than 10% of employee parking area, 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 the City. A statement that preferential
carpool/vanpool spaces for employees are available and a
description of the method for obtaining 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.
2. Preferential parking spaces reserved for vanpools
must be accessible to vanpool vehicles. When located within a
parking structure, a minimum vertical interior clearance of 7'2"
shall be provided for those spaces and access ways to be used by
such vehicles. Adequate turning radii and parking space
dimensions shall also be included in vanpool parking areas.
3. Bicycle racks or other secure bicycle parking
shall be provided to accommodate four 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. Calculation: which result in a fractions,; on of 0.5 or
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ORD 1064 pT3 (Ìì ¿ æ 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 operator of the bicycle,
which protects the bike from inclement weather. Specific
facilities and location e.g., provision of racks, lockers, or
locked room) shall be to the satisfaction of the City.
C. Non-Residential development of 100,000 square feet
or more shall comply with Sections 17.33.040.A and B above, and
shall provide all of the following measures to the satisfaction
of the City:
1. A safe and convenient zone in which vanpool and
carpool vehicles may deliver or board their passengers.
2. Sidewalks or other designated pathways following
direct and safe routes from the eternal pedestrian circulation
system to each building in the development.
3. 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.
4. Safe and convenient access from the external
circulation system to bicycle parking facilities on-site.
17.33.050 Maintenance. All facilities and improvements
constructed or otherwise required shall be maintained in a state
of good repair.
17.33.060 Monitoring. The provisions of this Chapter shall
be included as conditions of approval for all developments which
require discretionary approvals. Monitoring to ensure compliance
with this Chapter shall occur prior to the issuance of a
Certificate of Occupancy.
17.33.070 Enforcement. The provisions of this Chapter have
been incorporated into Title 17 of the City of Baldwin Park's
Municipal Code and any violation of such provisions shall be
treated as a violation of the Baldwin Park Municipal Code."
SECTION 2. The City Council at the time of the public
hearing for the above matter, reviewed and considered the proposed
Negative Declaration, and comments relating thereto. The City Council,
based upon its public review, does hereby approve the proposed Negative
Declaration, since there is no substantial evidence that the project
will he a significant adverse effect on the environment.
SECTION 3. That in conjunction with the Negative
Declaration, the City Council considered and does hereby approve, adopt
and order filed the California Department of Fish and Game, Certificate
of Fee Exemption for the De Minimis Impact Finding, as the environmental
analysis offers no substantial evidence that the proposed Code
amendments will have potential for an adverse effect, either
individually or cumulatively, on wildlife resources, as defined in
Section 711.2 of the Fish and Game Code.
SECTION 4. The City Clerk shall certify to the adoption
of this Ordinance and cause the same to be published in the manner
prescribed by law, and forward a copy of the same to the Secretary of
the Panning Commission. The Secretary of the Planning Commission shall
file the Negative Declaration of Environmental Impact and De Minimis
Impact Finding in the manner prescribed by law.
PASSED AND APPROVED this 17th day of March, 1993.
%L4
FIDEL A. VARGAS, MAYOR
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ORD 1064 pT3 (Ìì ¿ æ ATTEST:
LINDA L.
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) 65:
CITY OF BALDWIN PARK)
I, Linda L. Gair, City Clerk of the City of Baldwin Park do
hereby Certify that the foregoing Ordinance No. 1064 was
regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 3rd of March 1993.
That thereafter, said Ordinance was duly approved and adopted at a
regular meeting of the City Council on the 17th day
of March 1993 by the following vote:
AYES COUNCIL PERSON GALLEGOS, IZELL, MARTINEZ, MCNEILL, MAYOR VARGAS
NOES COUNCILPERSON NONE
ABSENT COUNCILPERSON NONE
ABSTAIN: COUNCILPERSON NONE
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