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ORD 285 ORDINANCE NO. 285 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, LOS ANGELES COUNTY, CALIFORNIA, ADOPTING 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 result 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 Los Angeles County Transportation Commission ("LACTC") is responsible for the preparation of the CMP for Los Angeles County ("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,i 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, LACTC 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be developed incrementally, as experience is gained through its implementation, this TDM Ordinance may be amended or superseded from time to time, as necessary to meet congestion and air quality goals; and WHEREAS, the State Clean Air Act requires regions to attain a 1.5 vehicle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 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 offering 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 Rancho Palos Verdes 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 NOW THEREFORE, the City Council of the City of Rancho Palos Verdes does ordain as follows: Section 1: Definitions. The following words or phrases shall have the following meanings when used in this Ordinance: 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 3 of this Ordinance. C. "Buspool" means a Vehicle carrying sixteen 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 to six persons commuting together to and from work on a regular basis. E. "The California Environmental Quality Act (CEQA) , " a statute that requires all jurisdictions in the State of California to evaluate the extent of environmental degradation posed by proposed development. -2- ORD. NO. 285 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 Ordinance as determined by the property owner. G. "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 3 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 on-site employees. Unless otherwise specified in the Rancho Palos Verdes Municipal Code, employee parking shall be calculated as follows: Percent of Total Required Type of Use Parking Devoted to 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 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 his agent. K. "South Coast Air Quality Management District" (SCAQMD) is the regional authority appointed -3- ORD. NO. 285 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 telecommuting 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 to fifteen 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 2 : Review of transit impacts. Prior to approval of any development project for which an Environmental Impact Review (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. 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 provision of CEQA, transit operators shall be sent a 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 -4- ORD. NO. 285 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 Impact 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 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. Section 3 : Transportation demand and trip reduction measures. A. Applicability of Requirements 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 Ordinance shall not apply to projects for which a development application has been deemed "complete" by the City of Rancho Palos Verdes pursuant to Government Code Section 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 Ordinance. 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 satisfaction of the City of Rancho Palos Verdes. 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: -5- ORD. NO. 285 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 for carpoolers, vanpoolers, bicyclists, transit riders, and pedestrians at the site. (2 . ) Non-Residential development of 50, 000 square feet or more shall comply with Section 3 .B(1) above and shall provide all of the following measures to the satisfaction of the City of Rancho Palos Verdes. A. 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 of Rancho Palos Verdes. 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. B. Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior -6- ORD. NO. 285 clearance of 7'2" shall be provided for those 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 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 of Rancho Palos Verdes. (3 . ) Non-Residential development of 100, 000 square feet or more shall comply with Section 3 .B(1) and 3.B(2) above, and shall provide all of the following measures to the satisfaction of the City of Rancho Palos Verdes. 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 of Rancho Palos Verdes to mitigate the project impact, bus stop improvements must be provided. The City of Rancho Palos Verdes 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 on-site. -7- ORD. NO. 285 Section 4: Monitoring. A. No building permit, certificate of occupancy, or other entitlement for use may issue pursuant to the Municipal Code of the City of Rancho Palos Verdes 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 Ordinance. B. If during the construction of a development it comes to the attention of the Director Hof Environmental Services) that construction is deviating from the plans approved by the City in a manner that will result in a failure to comply with the requirements of this p y Ordinance, the Director shall authorize the issuance of one or more stop work orders pursuant to the Municipal Code of the City of Rancho Palos Verdes. C. The provisions of this Ordinance may be enforced by any other means permitted by the Municipal Code of the City of Rancho Palos Verdes or by other law. Section 5: Enforcement. A. A violation of the provisions of this Ordinance shall be punishable as provided in Section 1. 08.010 (A) of the Municipal Code of the City of Rancho Palos Verdes or by resort to any other remedy provided by law. Section 6: This Ordinance shall take effect upon the expiration of 30 days from the date of this publication. -8- ORD. NO. 285 INTRODUCED AND FIRST READ at a duly called meeting of the Rancho Palos Verdes City Council held on February 2, 1993 . PASSED, APPROVED, and ADOPTED this 16 day of February, 1993. 0-" S-Isa--'.. Mayor ILJI-- AT ST: ultAdOL, City Clerk S TE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 285, passed first reading on February 2, 1993, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on Februaryl 6, 1993, and that the same was passed and adopted by the following roll call vote: AYES: KUYKENDALL, RYAN, McTAGGART, BACHARACH AND MAYOR BROOKS NOES: NONE ABSENT: NONE ABSTAIN: NONE r i �� /j � / ,r City Clerk City 0' Rancho Palos Verdes -9- ORD. NO. 285 ORDINNANCE NO. 285 11: -41!!!!I RAJ' CHO PALOS VERDES STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on 2/19/93 she caused to be posted the following document entitled: ADOPTING TRIP REDUCTION AND TRAVEL DEMAND MEASURES IN ACCORDANCE WITH STATE GOVERNMENT CODE SECTIONS 65089 and 65089. 3. a copy of which is attached hereto, in the following locations: City Hall Los Angeles County Fire Station 30940 Hawthorne Blvd. Miraleste Station Rancho Palos Verdes 4000 Miraleste Plaza Rancho Palos Verdes U. S. Post Office 28649 S. Western Ave. Ladera Linda Community Center Rancho Palos Verdes 32201 Forrestal Drive Rancho Palos Verdes . Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes Park Rancho Palos Verdes 30359 Hawthorne Blvd. , Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting / IIIIP CITY CLERK 30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274-5391 / (213)377-0360