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5209ORDINANCE NO. 5209 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 14.60 TO TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO TRANSPORTATION DEMAND. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Chapter 14.60 be, and the same is hereby, added to Title 14 of the Anaheim Municipal Code, to read as follows: 1114.60.010 Policy and Purpose. This chapter is intended to meet the requirements of Assembly Bill 1791, which requires development of a trip reduction and travel demand element to the Congestion Management Program adopted by the County of Orange and adoption and implementation of a Trip Reduction and Travel Demand Ordinance. New office, commercial, industrial, and multi -use development, including employment centers which employ the minimum number of persons requiring submittal of a Regulation 15 Plan to the South Coast Air Quality Management District, may adversely impact existing transportation and parking facilities, resulting in increased motor vehicle emissions, deteriorating levels of service, and possibly significant additional capital expenditures to augment and improve the existing transportation system. In order to more efficiently utilize the existing and planned transportation system and to reduce vehicle emissions, it is the policy of the City of Anaheim to: A. Reduce the number of peak -period vehicle trips generated in association with additional development; B. Promote and encourage the use of alternative transportation modes such as ridesharing, carpools, vanpools, public bus and rail transit, bicycles and walking, as well as those facilities that support such modes; C. Achieve related reductions in vehicle trips, traffic congestion, and public expenditure and achieve air quality improvements through utilization of existing local mechanisms and procedures for project review and permit processing; D. Promote coordinated implementation of strategies on a countywide basis to reduce transportation demand; and E. Achieve the most efficient use of local resources through coordinated and consistent regional and/or local transportation demand management programs. 16 14.60.020 Definitions. As used in this chapter: .010 "Applicable Development" means any New Development Project, as defined herein, that is determined to meet or exceed the employment threshold set forth in Section 14.60.30, using the criteria contained therein. .020 "AQMD" means the South Coast Air Quality Management District. .030 "City" means the City of Anaheim, California. .040 "City Council" means the legislative body of the City. .050 "City Engineer" means the City Engineer of the City or his duly authorized designee. .060 "Employee" means any person employed by an Employer, as defined herein. .070 "Employer" means any person(s), firm, business, educational institution, government agency, non-profit agency or corporation, or other entity which employs the minimum number of Employees for which the AQMD requires submittal of Regulation 15 Plans, and may either be the owner or a tenant of an Applicable Development. .080 "Multi -Use Development" means New Development Projects, as defined herein, that combine any of the following land uses: office, commercial, and industrial. .090 "New Development Project" means any non-residential project for new construction being processed by the City, either where some level of discretionary action by a decision-making body is required, or as a ministerial approval. .100 "Peak -Period" means those hours of the business day between 6 a.m. and 10 a.m. inclusive, Monday through Friday. .110 "Planning Commission" means the Planning Commission of the City. .120 "Reg. 15 Plan" means a trip reduction plan required by the AQMD under its Regulation 15. .130 "Site Development Plan" means a plan of development that is subject to public hearing before the Planning Commission, Zoning Administrator or City Engineer. .140 "Tenant" means the lessee of space at an Applicable Development who also serves as an Employer. .150 "Transportation Demand Management", hereinafter referred to as TDM, means the implementation of programs, plans or policies designed to encourage changes in individual travel behavior, including but not limited to, modes of travel that serve as alternatives to the single occupant vehicle, such as carpools, vanpools, transit, bicycling or walking; reduction or elimination of the number of vehicle trips; or shifts in the time of vehicle commutes to other than the Peak -Period. .160 "Worksite" means a building, or a grouping of buildings which are in actual physical contact or are separated solely by a private or public roadway or other private or public right-of-way, and which are owned or operated by the same Employer (or by Employers under common control), used for performing work for the same Employer. .170 "Zoning Administrator" means the Zoning Administrator of the City as appointed by the Planning Director of the City. 14.60.030 Applicability. .010 This chapter shall apply to all New Development Projects that are estimated to generate, either in the project itself or as a result of adding the project to an existing development, the employment of the minimum number of persons for which AQMD requires submittal of a Reg. 15 Plan, as determined by using the methodology set forth in subsection .020, below. .020 For purposes of determining whether a New Development Project is subject to this chapter, the total number of Employees which the project is estimated to generate will be determined by the City as follows: a. Employment projections developed by the project applicant, subject to approval by the City Engineer; or b. Employment projections developed by the City Engineer using the following employee generation factors by type of use: Land Use Category - Commercial - Office/Professional - Industrial Number of Employees one per 500 gross sq. ft. one per 250 gross sq. ft. one per 550 gross sq. ft. 6 - Hotel/Motel - Suite Hotel 0.9 per room 1.2 per room - The employment projection for a Multi -Use Development shall be calculated on a case by case basis based upon the proportion of development devoted to each type of use. - The employment projections for land uses not identified above shall be determined pursuant to Subsection a., above. .030 The legal owner of the property on which the New Development Project is planned shall be responsible for complying with the provisions of this chapter. 14.60.040 Facility Standards. The City Council shall, by resolution, establish Facility Standards designed to achieve the policy stated in Section 14.60.010. The legal owner(s) of property on which an Applicable Development is planned shall include, or shall cause to be included, in Site Development Plans for Applicable Developments any Facility Standards determined necessary by the City Engineer. 14.60.050 Implementation and Enforcement. This chapter shall be implemented and enforced in accordance with customary methods and procedures of the City regarding developments. 14.60.060 Appeals. An appeal may be made by the owner of any property on which an Applicable Development is planned of any decision made by the City pursuant to this chapter. Such appeal shall be made pursuant to the procedures set forth in Sections 17.08.100, 18.03.080 et seq., or 18.12.070 of this Code, as applicable. SECTION 2. That Section 18.02.029 be, and the same is hereby, added to Chapter 18.02 of Title 18 of the Anaheim Municipal Code, to read as follows: 1118.02.029 Trip Reduction and Travel Demand Requirements. All projects which are determined to be subject to Chapter 14.60 of this Code shall comply with any and all Facility Standards imposed by the City Engineer pursuant to that Chapter." SECTION 3. To the extent that any provision(s) of this ordinance would otherwise apply to the development of property and said provision(s) ("new regulations") contain restrictions or limitations on the development of property greater than the provisions which existed immediately prior to the time this ordinance became effective ("prior regulations"), said prior regulations shall continue to apply (and said new regulations shall not apply) to the construction, development or establishment of the following projects: 1. Any project (i) not otherwise subject to the provisions of this ordinance for which building plans were initially submitted to the City of Anaheim for plan check (the "initial plan check") prior to March 19, 1991, for purposes of obtaining building permit approval, and (ii) for which a building permit is (was) subsequently issued pursuant to either the initial plan check or any subsequent plan check for substantially similar building plans, and (iii) for which construction is commenced within one year following the date of issuance of said building permit; or 2. Any project (i) for which specific plans for development were finally approved by the Zoning Administrator, Planning Commission or City Council pursuant to a zone reclassification, conditional use permit or zone variance ("discretionary approval") prior to March 19, 1991, and (ii) for which a building permit is issued pursuant to and in accordance with such discretionary approval and (iii) for which construction is thereafter commenced and completed pursuant to and in accordance with said discretionary approval. SECTION 4. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 5. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 6. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 2nd day of April , 1991. MAYOR OF THE CITY OF ANAHEIM PRO TW ATTEST• CITY CLERK OF THE CITY OF ANAHEIM Y STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5209 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 19th day of March, 1991, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 2nd day of April, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler and Ehrle NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Hunter AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5209 on the 3rd day of April, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd day of April, 1991. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5209 and was published once in the Anaheim Bulletin on the 12th day of April, 1991. CITY CLERK OF THE CITY OF ANAHEIM