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Ordinance - 1913ORDINANCE NO. 1913 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE, CHAPTER 26 (ZONING), TO ESTABLISH PROVISIONS, DEVELOPMENT STANDARDS AND GUIDELINES FOR A TRANSPORTATION DEMAND MANAGEMENT (TDM) ORDINANCE AND A LAND USE ANALYSIS PROGRAM (LUAP) (AMENDMENT NO. 254). 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, tele- commuting 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 traffic congestion and air quality; and WHEREAS, in addition to the TDM ordinance, the County and every city within the County is required by state law to adopt and implement a Land Use Analysis Program to analyze the impacts of land use decisions on the regional transportation system, including an estimate of the cost of mitigating associated impacts; and WHEREAS, on November 24, 1992, the Planning Commission adopted Resolution No. 11-92-4119, initiating an amendment to the zoning code, to establish provisions, development standards and guidelines for a transportation demand management (TDM) ordinance and a land use analysis program (LUAP); and WHEREAS, the Planning Commission did, on January 12, 1993, conduct a duly advertised public hearing as prescribed by law; and WHEREAS, the Planning Commission did, on January 12, 1993, adopt Resolution No. 1-93-4132 recommending that the City Council adopt Amendment No. 254; and WHEREAS, the City Council of the City of West Covina considered evidence presented by the Planning Department, Planning Commission, and other interested parties at a duly advertised • public hearing on the 2nd day of February, 1993; and WHEREAS, the oral and documentary evidence considered in connection with the code amendment reveal the following facts: 1. In passing the CMP, the State Legislature noted increasing concern that urban congestion was impacting the economic vitality of the state and diminishing the 0060-93/C:CC/TDMLUAP.AMD/em Ordinance No. IVJ Amd/254/TDM/LUAP February 16, 1993 - Page 2 quality of life in many communities. 2. As the auto capital of the world, Los Angeles has one of the world's largest freeway and roadway systems, and is iknown as the city with the worst air quality in the !'T nation. 3. Population growth in the Los Angeles region is projected to increase 40% in the next 20 years (SCAG). 4. In order to appropriately and successfully plan for these challenges, new transportation modes and strategies other than the single occupant automobile must be provided if Los Angeles is to achieve mobility, air quality goals and promote its economic vitality. 5. As a major step in addressing the above issues and in order to comply with the CMP, the City wishes to adopt the model TDM ordinance and the Land Use Analysis Guide- lines as contained in the Congestion Management Plan adopted November 18, 1992 by the Los Angeles County Transportation Commission. 6. Because the CMP is an evolving program which will be developed incrementally, as experience is gained through its implementation, this TDM ordinance and Land Use Analysis Program may be amended or superseded from time to time, as necessary to meet congestion and air quality goals. 7. 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 West Covina, as implemented through the TDM ordinance, to minimize the number of peak period vehicle trips generated by addi- tional development, promote the use of alternative transportation, improve air quality and participate in regional and countywide efforts to improve transportation demand management. 8. The Land Use Analysis Program is designed to build on the existing California Environmental Quality Act (CEQA) process in identifying the impact of development on the CMP system. 9. The purpose of Land Use Analysis Program to ensure that the City, in addition to examining and mitigating transportation impacts on the local street network, considers the regional transportation impact of new development through the land use approval process. 10. Integrated with CEQA, this program is designed to provide a consistent, countywide methodology, to determine the impact of new development on the CMP roadway system. It is the intent of this program to promote increased coordination between jurisdictions, transit providers, local decision -makers and interested parties, and thereby • enhancing countywide mobility and improving air quality. 11. All development projects required to prepare an Environmental Impact Report(EIR) based on the City's determination, will be subject to the land use analysis program. In addition to the procedural guidelines already established by CEQA, traffic and transit impacts shall be assessed using the "Transportation Impact 0060-93/C:CC/TDMLUAP.AMD/em 10 • Ordinance No. /9f3 Amd/254/TDM/LUAP February 16, 1993 - Page 3 Analysis" methods contained in the Los Angeles County Congestion Management Program and/or Planning Commission Resolution No. 1-93-4135. 12. The provisions, development standards and guidelines of the TDM ordinance and Land Use Analysis Program shall be incorporated within appropriate Articles of the zoning code, West Covina CEQA Resolution No. 8648, the Planning Commission Resolution No. 2513 "Design Standards for Off - Street Parking Facilities", and a Planning Commission Resolution for a Land Use Analysis Program. 13. Said provisions, development standards and guidelines of the TDM Ordinance and the Land Use Analysis Program are consistent with the goals and objectives of the City's General Plan. NOW, THEREFORE, the City Council of the City of West Covina does ordain as follows: Section No. 1: Based on the evidence presented and the findings set forth, Amendment No. 254 is hereby approved as consistent with and serves to further implement the General Plan. Section No. 2: Based on the evidence presented and the findings set forth, Chapter 26 (Zoning) is hereby amended to read as follows: ARTICLE X. NONRESIDENTIAL ZONES DIVISION 3. DEVELOPMENT STANDARDS Sec. 26-566 through 26-580 shall remain the same. Sec. 26-581. Off-street parking - General requirements. (a) Generally: All parking areas in nonresidential zones shall conform to the requirements set forth in planning commission Resolution No. 2513 and article XIV, division 2. (b) Location: Off-street parking facilities shall be located as hereinafter specified hereinafter, and shall also comply with article IVX, division 2. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building that such facilities are required to serve: (1) For hospitals, sanitariums, homes for the aged, asylums, orphanages, rooming houses, lodging houses, club rooms, fraternity and sorority houses, not more than one hundred fifty (150) feet from the building they are required to serve; and (2) For uses other than those specified above, not over three hundred (300) feet from the building they are required to serve. Subsections 26-581 (c) through (j) shall remain the same. Sec. 26-582. Same -Nonresidential zones except PAR. The following off-street parking spaces shall be provided in non- residential zones except PARS-. Any employee parking area shall 0060-93/C:CC/TDMLUAP.AMD/em Ordinance No. /9/3 Amd/254/TDM/LUAP February 16, 1993 - Page 4 Sec. 26-582 (a) through (p) shall remain the same. Sec. 26-583. Same - PAR Zone only. 01 Sec. 26-583 (a) and (b) shall remain the same. Sec. 26-583 (c) The following guide shall be used to determine parking requirements:-. Any employee parking area shall comply with the definitions and standards outlined in article XIV, division 2 of this chapter. ARTICLE XIV. SUPPLEMENTAL PLANNING REQUIREMENTS DIVISION 2. Transportation and Air Quality Control Measures Section. 26-751.1000. Purpose. The purpose of this division is to link land use, transportation, and air quality decisions; minimize the number of peak period _vehicle trips generated by additional development; to promote the use of alternative transportation; to improve air quality; maintain the economic vitality of the region; and by the participation in Section. 26-751.1100. Transportation Demand Management Ordinance A. Purpose. The Purpose of this section is to adopt and implement a Trip Reduction and Travel Demand Management Ordinance 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, as necessary to meet congestion and air quality goals. B. Definitions. The following words or phrases shall have the following meanings when used in this division: L11 "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. LZ1 "Applicable Development" means any development project that is determined to meet or exceed the project size threshold criteria contained in Section 3 of this division. (3) "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. JAI "Carpool" means a Vehicle carrying two to six persons commuting together to and from work on a regular basis. • L51 "The California Environmental Quality Act (CEOA)," a statute that requires all jurisdictions in the State of California to evaluate the extent of environmental degradation posed by proposed development. u "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 0060-93/C:CC/TDMLUAP.AMD/em �j C Ordinance No./9/3 Amd/254/TDM/LUAP February 16, 1993 - Page 5 provisions of this division as determined by the property owner. in "Development" means the construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of this division and which exceed the thresholds defined in Section 26-751.1400. shall comply with the applicable requirements but shall not be added cumula- tively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage. Li "Employee Parking Area" means the portion of total required parking at a development used by on -site employees. Unless specified in sections 26-582 and 26-583 of this Chapter, employee parking shall be calculated as follows: Type of Use Commercial Office/Professional Industrial/Manufacturing Percent of Total Required Parking Devoted to Employees 30% 85% 90% (9) "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. 10 "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 division either directly or by delegating such responsibility as appropriate to a tenant and/or his or her agent. quality in the South Coast Air Basin (the non -desert portions of Los Angeles, Orange, Riverside, and San Bernardino Counties). 12 "Tenant" means the lessee of facility space at an applicable development project. 13 I "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). 14 "Trip Reduction" means reduction in the number of work -related trips made by single occupant vehicles. 15 "Vanpool" means a Vehicle carrying seven or more persons carry seven to fifteen adult passengers, and on a prepaid subscription basis. 0060-93/C:CC/TDMLUAP.AMD/em Ordinance No. IgI2 Amd/254/TDM/LUAP February 16, 1993 - Page 6 16 "Vehicle" means any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles. C. Review of Transit Impacts. based on a local determinations 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 CEOA prior to the effective date of this division shall be exempted from its provisions. The "Transit Impact Review Worksheet", contained in the Los Angeles County Congestion Manage- ment Program Manual, or Planning Commission Resolution No. 1-93- 4135, shall be used in assessing impacts. Pursuant to the Provisions of CEOA, 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 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 CEOA. Phased development Droiects, development Droiects subiect 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. D. Transportation Demand and Trip Reduction Measures (1L Applicability of Requirements. Prior to approval of any development project, the applicant shall make provisions for, as a minimum, all of the following applicable transportation demand management and trip reduction measures. This division shall not apply to Droiects 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 DEIR has been circulated or for which an application for a building Dermit has been received. Drior to the effective date of this division. All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair. LL 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 trans ortation 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• 0060-93/C:CC/TDMLUAP.AMD/em Ordinance No. /9/3 Amd/254/TDM/LUAP February 16, 1993 - Page 7 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. M Non -Residential development of 50,000 square feet or more shall comply with Section 26-751.1300.B. (1) above and shall provide all of the following measures to the satisfaction of the City: _Lli_ 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 City. A statement that preferential carpoollvanpool 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 will be signedistriped for carpool/vanpool vehicles. 121 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 accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in van - pool parking areas. Compliance with this minimum vertical clearance standard is not intended to relieve Disabilities Act or Title 24, State of California Enercfy/ Insulation Regulations and Handicapped Persons Standards. 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 uD 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. 0060-93/C:CC/TDMLUAP.AMD/em Ordinance No. /9/,3 Amd/254/TDM/LUAP February 16, 1993 - Page 8 the city: • (1) A safe and convenient zone in which vanpool an d nd carpool vehicles may deliver or board their passengers (2) Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development III If determined necessary by the City to mitigate the LL Providers in determining appropriate improvements. When Safe and convenient access from the external system to bicycle parking facilities onsite E. Transportation Demand and Trip Reduction Measures Monitoring. All development proiects for which an Environmental Impact Report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEOA) and for which all applicable demand management and trip reduction measures are required per this division shall comply with the Mitigation Monitoring Program and Enforcement of Mitigation Measures as established within Section 9 of the City"s CEOA Resolution as adopted and amended F. Transportation Demand and Trip Reduction Measures Enforcement. No person shall violate or fail to comply with any or all of the applicable demand management and trip reduction measures as required per this division and as enforceable as conditions of approval of the unclassified use permit precise plan or other discretionary approvals) for the project Should the developer, all of this division may result in the revocation of the Certificate of Occupancy and/or Business License 0060-93/C:CC/TDMLUAP.AMD/em Ordinance No . /I/.3 Amd/254/TDM/LUAP February 16, 1993 - Page 9 Section 26-751.1200 all CMP TDM ORDINANCE REQUIREMENTS 0 TDM REQUIREMENTS NEW NON-RESIDENTIAL DEVELOPMENT 25,000+ 50,000+ 100,000+ Square Feet Square Feet Square Feet (30-100 empl) 60-200 empl) (125-400 empl) Transportation Information Area 11 Preferential Carpool/Vanpool Parking Parking Designed to Admit Vanpools Bicycle Parking Carpool/Vanpool Loading Zones Efficient Pedestrian Access 11 Bus Stop Improvements Safe Bike Access from Street to Bike Parking Transit Review FOR ALL RESIDENTIAL AND NON- RESIDENTIAL PROJECTS SUBJECT TO EIR 0060-93/C:CC/TDMLUAP.AMD/em Ordinance No. 1143 Amd/254/TDM/LUAP February 16, 1993 - Page 10 Section 26-751.1300. Land Use Analysis Program J A. Purpose. J The purpose of this section is to adopt and implement a Land Use Analysis Program to ensure that the city, in addition to examining and mitigating transportation impacts on the local street network considers the regional transportation impact of new development through the land use approval process Integrated with CEOA this program is designed to provide a consistent countywide method- ology, to determine the impact of new development on the CMP roadway system. It is the intent of this program to promote increased coordination between jurisdictions transit providers B. Applicability of Requirements. All development projects required to prepare an Environmental Impact Report(EIR) based on the city's determination will be subiect to the land use analysis program In addition to the Procedural guidelines already established by CEOA traffic and transit impacts shall be assessed using the "Transportation Impact i._��--y---- 4135. Section No. 3: Based upon the findings of an initial study conducted for Amendment No. 254, it was determined that the adverse significant environmental impacts, and a Negative Declaration of Environmental Impact was prepared. Section No. 4: The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 16th day of February, 1993. Mayor ATTEST: V City Clerk PASSED AND APPROVED this 16th day of February, 1993. Mayor ATTEST: City Clerk 0060-93/C:CC/TDMLUAP.AMD/em 01' Ordinance No. 1913 Amd/254/TDM/LUAP February 16, 1993 - Page 11 I, hereby certify that the foregoing Ordinance was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on 16th day of February 1993, by the following vote: AYES: Manners, Jennings, Herfert, McFadden, Wong NOES: None ABSENT: None APPROVED AS TO FORM: 0 i City Attorney 0060-93/C:CC/TDMLUAP.AMD/em City Clerk J CERTIFICATION I, JANET BERRY, Deputy City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. / /9 was published, pursuant to law, in the San Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. DATED �3 0 /5�u C%1ZG��i'��vy✓ �/��'/Z�'i J net Berry, City Clerk City of West Covina, California J