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ORDINANCE 1192ORDINANCE NO. 1192 AN ORDINANCE OF THE CITY OF EL SEGUNDO AMENDING CHAPTER 20.55 OF THE EL SEGUNDO MUNICIPAL CODE REGARDING TRIP REDUCTION AND TRAVEL DEMAND MEASURES IN ACCORDANCE WITH STATE GOVERNMENT CODE SECTIONS 65089 AND 65089.3, AND AMENDING CERTAIN SECTIONS OF CHAPTERS 20.08, 20.54 AND 20.56 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO TRANSPORTATION SYSTEMS MANAGEMENT. 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 ViTIEREAS, 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, initially the Los Angeles County Transportation Commission ( "LACTC ") was responsible for the preparation of the CMP for Los Angeles County ( "County "); and WHEREAS, the Los Angeles County Metropolitan Transportation Authority (MTA) has succeeded to the responsibilities of the LACTC; 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 ViTIEREAS, 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be developed incrementally, as experience is gained through its implementation, this TDM ordinance may be amended or superseded from time to time, as necessary to meet congestion and air quality goals; WHEREAS, the State Clean Air Act requires regions to attain a 1.5 vehicle occupancy during the commute period by the year 1999; 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 offering or providing additional inducements to use alternatives to single occupant vehicles to their employees necessary to meet Regulation XV requirements; and WHERFAS, 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 El Segundo 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 county wide efforts to improve transportation demand management; and WHEREAS, at the duly scheduled meeting of the Ciyt Council of the City ofEl SEgundo on March 2, 1993 a duly advertised public hearing was held on such matter in the City Council Chamber of the City Hall, 350 Main Street; NOW, THEREFORE, the City Council hereby makes the following findings: ZONING AND GENERAL PLAN CONSISTENCY 1. The Ordinance is consistent with the City of El Segundo's General Plan. The General Plan's Circulation Element, adopted in 1992, specifically calls for the City to provide a circulation system that incorporates alternatives to the single- occupant vehicle, to create a balance among travel modes based on travel needs, costs, social values, user acceptance and air quality considerations in the following Objectives and Policies: a. Ensure the use of Transportation System Management (TSM) measures throughout the City, to ensure that the City's circulation system is as efficient and cost effective as possible; b. Ensure the use of Transportation Demand Management (TDM) measures throughout the City, where appropriate, to discourage the single- occupant vehicle, particularly during the peak hours. In addition, ensure that any developments that are approved based on TDM plans, incorporate monitoring and enforcement of TDM targets as part of those plans; C. Ensure that Transportation Demand Management (TDM) policies are considered during the evaluation of new developments within the City, including but not limited to: ridesharing, carpooling and vanpooling, flexible work schedules, telecommuting, and car /vanpool preferential parking; and d. Ensure that the City remains in compliance with the regional, state, and County Congestion Management Programs (CMP) through the development of appropriate City programs and traffic impact analysis of new projects impacting the CMP routes of Sepulveda Boulevard, the I -405 Freeway, and the I -105 Freeway when it is added in the future as a CMP route. ENVIRONMENTAL DETERMINATION 1. An Environmental Impact Report (EIR) for the Los Angeles County Congestion Management Program (CMP) was prepared and certified by the Los Angeles County Transportation Commission (LACTC) on November 18, 1992; 2. The CMP EIR notes (Page 3 of Executive Summary) that "local jurisdictions may reference the EIR during TDM Ordinance approval; and as part of environmental review project approval, and EIR certification decisions for regionally significant projects;" 3. This ordinance is consistent with the EIR prepared for the County CMP; 4. Implementation of this ordinance would not affect the environment in an unusual or significant manner. Implementation of the ordinance in El Segundo will not cause significant environmental effects that are not discussed in the CMP EIR; and, 5. An Initial Study was completed for the City of El Segundo Transportation System Management (TSM) Ordinance (No. 1077) which determined that adoption of the TSM Ordinance would not have a significant effect on the environment, and a Negative Declaration was prepared and certified for the TSM Ordinance. 6. This Ordinance is Ministerial Exempt from CEQA as it is implementing a Regional Transportation Improvement Program for which previous environmental documentation has been certified. 7. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. 8. That the City Council thereby authorizes and directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of Regulations. Within ten (10) days of this approval, the City of El Segundo shall file a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the 2 required Notice of Exemption. As approved for in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County. NOW TBFRF.FORE, the City Council of the City of El Segundo does ordain as follows: SECTION 1. The following sections of Chapter 20.08, "Definitions" of Title 20 (Zoning) of the El Segundo Municipal Code are hereby amended to read as follows: 20.08.102 "BUSPOOL" means a Vehicle carrying sixteen or more passengers commuting on a regular basis to and from work following a relatively fixed route and schedule. 20.08.103 "CARPOOL" means a Vehicle carrying two to six persons commuting together to and from work on a regular basis in a light or medium -duty passenger vehicle. 20.08.362 "PREFERENTIAL PARKING" means parking spaces designated or assigned, through use of a sign or painted space markings, for Carpool and Vanpool Vehicles which are provided at a reduced cost and /or are in locations considered to be the best or most desirable, such as adjacent to a building entrance or within a covered or shaded area, if such is not provided for single occupant vehicles. 20.08.497 "VANPOOL" means a Vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a van or similar motor vehicle with a seating arrangement designed to carry seven to fifteen adult passengers, and on a prepaid subscription basis. Vanpools can be formed using private vans, company - owned vans, or third -party vans. SECTION 2. The following sections are hereby added to Chapter 20.08, "Definitions," of Title 20 (Zoning) of the El Segundo Municipal Code, to read as follows: 20.08.022 "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. 20.08.045 "APPLICABLE DEVELOPMENT" means any development project that is determined to meet or exceed the project size threshold criteria contained in Section 22.55.030 of this Title. 20.08.108 "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. 20.08.142 "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 Chapter 20.55 as determined by the property owner. 20.08.143 "DEVELOPMENT" means the construction or addition of new building square footage. All calculations shall be based on gross square footage. 20.08.176 "EMPLOYEE PARKING AREA" means the portion of total required parking at a development used by on -site employees. Unless specified in the City Zoning/Building 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% 20.08.367 '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 Chapter 20.55 either directly or by delegating such responsibility as appropriate to a tenant and /or his agent. 3 20.08.413 "SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT" (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). 20.08.467 "TENANT" means the lessee of facility space at an applicable development project. 20.08.484 "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). 20.08.487 "TRIP REDUCTION' means reduction in the number of work - related trips made by single occupant vehicles. 20.08.503 "VEHICLE" means any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles. SECTION 3. Existing Chapter 20.55, "Developer Transportation Systems Management" of Title 20 (Zoning) of the El Segundo Municipal Code, is hereby repealed in its entirety and a new Chapter 20.55 is hereby added as Chapter 20.55- TRANSPORTATION DEMAND MANAGEMENT (TDM), to read as follows: CHAPTER 20.65 Transportation Demand Management (TDM) SECTIONS: 20.55.010 - INTENT 20.55.020 - APPLICABILITY OF REQUIREMENTS 20.55.030 - DEVELOPMENT STANDARDS 20.55.040 - MONITORING 20.55.050 - ENFORCEMENT 20.66.010 INTENT The intent of this Chapter is to set forth requirements for major new developments to provide facilities to encourage and accommodate the use of ridesharing, transit, pedestrian, and bicycle commuting as alternatives to single- occupant motor vehicle trips. A reduction in such trips can be expected to assist in reduced traffic congestion, air pollution and energy consumption impacts related to the new employment growth accommodated by new development. 20.56.020 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 Chapter 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 DEIR has been circulated or for which an application for a building permit has been received, prior to the effective date of this chapter. The requirements shall also apply to any existing non - residential use which proposes to increase its gross floor area by 25 percent or more above the floor area existing on the effective date of this Chapter, and which after expansion exceeds the minimum building size. This Chapter shall then apply to the entire development. All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair. 20.66.030 DEVELOPMENT STANDARDS (1). Non - Residential development of 25,000 square feet or more and all projects within the Urban Mixed Use area shall provide the following to the satisfaction of the Director of Planning EA and Building Safety: 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: (i) Current maps, routes and schedules for public transit routes serving the site; (ii) Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators; (iii) Ridesharing promotional material supplied by commuter - oriented organizations; (iv) Bicycle route and facility information including regional/local bicycle maps and bicycle safety information; (v) 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 20.55.030 (1). above and shall provide all of the following measures to the satisfaction of the Director of Planning and Building Safety: A. Preferential parking. Not less than 15% of employee parking areas shall be designated as preferential parking, and shall be located as close as is practical to the employee entrance(s) 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 Director of Planning and Building Safety. 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. Projects may reduce the total number of required parking spaces by one (1) vehicle space for every one space which is marked and reserved for preferential parking, up to a maximum of 10 %, upon application to and approval by the Director of Planning and Building Safety. B. HOV loading area. A safe and convenient zone shall be provided in which high occupancy vehicles (vanpools and carpools) may deliver or board their passengers. This staging area shall provide adequate space for passenger loading, unloading and waiting, which does not interfere with on -site circulation patterns. When located within a parking structure, a minimum vertical interior clearance of 7'2" shall be provided for the loading area and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in HOV loading areas. C. Vanpool access. 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 vanpool parking areas. D. On -site amenities or shuttle. In order to reduce the need for employees to drive personal vehicles for midday activities, the project shall provide any one or more of the following measures which together shall be sized to accommodate during the course of the business day at least twenty percent of the on -site population: (1) On -site amenities; (2) Guarantee operation of a privately operated midday shuttle serving the project site for the life of the project. A reduction in the total number of required parking spaces of up to 1% shall be permitted, based on the extent of the amenities, upon application to and approval by the Director of Planning and Building Safety. E. Bicycle facilities. Bicycle racks or other secure bicycle parking shall be provided 5 to accommodate 4 bicycles per the first 48,000 square feet of non - residential development and 1 bicycle per each additional 48,000 square feet of nonresidential 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 Director of Planning and Building Safety. F. Showers and lockers (optional). Projects may provide shower and locker facilities for bicycle riders, motorcycle riders, and pedestrians. If these facilities are provided, the number of preferential parking spaces may be reduced by up to three percent, and the total number of required spaces may be reduced up to one percent based on the extent of facilities, upon application to and approval by the Director of Planning and Building Safety. G. Transit support facilities (optional). Projects may provide facilities which will promote transit use. If transit facilities are provided, the number of preferential parking spaces may be reduced by up to five percent, and the total number of required spaces may be reduced up to one percent, for provision of bus transit facilities, and up to two percent and one half percent for rail transit, upon application to and approval by the Director of Planning and Building Safety. (3) Non - Residential development of 100,000 square feet or more shall comply with Sections 20.55.030 (1) and 20.55.030 (2) above, and shall provide all of the following measures to the satisfaction of the City: A. Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development. B. 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. C. Safe and convenient access from the external circulation system to bicycle parking facilities on -site. 20.56.040 MONITORING Physical facilities shall be verified through the City's existing development review process. Initial enforcement shall consist of verification during plan check and field inspection prior to release of utilities /certificate of occupancy (to insure that preferential parking spaces are marked, lockers are installed, etc.). Subsequent enforcement shall be per established zoning code procedures. 20.66.050 ENFORCEMENT The Director of Planning and Building Safety or his/her duly designated representative is hereby designated as the enforcing agent of this Chapter and any amendments thereto pursuant to Section 20.94.030. SECTION 4. Section 20.54.003 (Applicability of Chapter for sites with Transportation Systems Management Plan.), of Chapter 20.54 (On -Site Parking and Loading), of Title 20 (Zoning) of the El Segundo Municipal Code is hereby amended to read as follows: 20.54.003 Applicability for Sites With Transportation Demand Management (TDM) Plans The number of required parkingspaces (Section 20.54.020) and parking facilities located for non - residential uses (Section 20.54.060.C.(4)) may be modified subject to approval of a transportation demand or systems management plan pursuant to the procedures and requirements of Chapter 20.55 or 20.56 of this title. SECTION 6. Section 20.56.040 (Exempt Projects) of Chapter 20.56 (Employer /Occupant Transportation Systems Management) of Title 20 (Zoning) of the El Segundo Municipal Code 6 is hereby amended to read as follows: 20.56.040 Exempt Projects Temporary activities (less than 90 days) in existing non - residential uses shall be exempt from the provisions of Chapter 20.56 of the City of El Segundo Municipal Code. SECTION 6. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall cause to be posted the same in three public places in the City of El Segundo. PASSED, APPROVED AND ADOPTED this 16th day of March, 1993. CYJacobson, D of the City of El California ATTEST: Cj ndy Mor. sen, Ci j Clerk (S') /APPROVED AS TO FORM: Leland C. Dolley, City Attorney 7 CITY OF EL SEGUNDO AFFIDAVIT OF POSTING OF ORDINANCE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF EL SEGUNDO ) AFFIDAVIT OF POSTING ORDINANCE 1192 I Cindy Mortesen, delcare as follows: That I am the City Clerk of the City of El Segundo; that a copy of the Ordinance passed on March 16, 1993 before the City Council of the City of E1 Segundo was posted at three prominent locations. A copy of said Ordinance is attached. I declare under the penalty of perjury that the foregoing is true and correct. Executed on April 1, 1993 at E1 Segundo, California. i Cindy Mortesen, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being ORDINANCE NO. 1192 is a full, true correct original of ORDINANCE NO. 1192 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING CHAPTER 20.55 OF THE EL SEGUNDO MUNICIPAL CODE REGARDING TRIP REDUCTION AND TRAVEL DEMAND MEASURES IN ACCORDANCE WITH STATE GOVERNMENT CODE SECTIONS 65089.3, AND AMENDING CERTAIN SECTIONS OF CHAPTERS 20.08, 20.54 AND 20.56 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO TRANSPORATATION SYSTEM MANAGEMENT. which was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 16TH DAY OF MARCH 1993, and the same was so passed and adopted by the following vote: AYES: MayorJacobson, Mayor ProTem Wise, and Councilmen West, and Switz. NOES: None ABSENT: None NOT PARTICIPATING: Councilman Robbins I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing ORDINANCE NO. 1192, as duly posted according to law and the order of the City Council of said City of El Segundo. �NDY 11� ESE , City Clerk of the City of El Segundo, California (SEAL)