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.
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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