SUPPLEMENTAL PLANNING REQUIREMENTS17
Editor's note— As per instructions of the city, the requirements of this article are in addition to the preceding zoning standards. The increasing population growth and its affects on infrastructure and natural resources demand more regional attention. The requirements of this article apply to a variety of issues. The purpose of this article is within the city's jurisdictional boundaries to:
(1) Preserve the supply of state resources which are subject to ever increasing demands.
(2) Address county, regional and statewide issues and legislation.
(3) Address issues such as congestion, fuel waste, air pollution, preservation of natural resources, labor force, economic development, and population growth which transcend political boundaries and therefore warrant regional attention.
(4) Provide standards for responsible local land use decision making in areas of statewide and regionwide significance while recognizing that the state's standards often preempt local standards.
(5) Balance local with regional and state goals.
(6) Balance environmental issues with urban growth.
(7) Foster the continuation of California's economic prosperity which is dependent on adequate supplies of natural resources being available for future uses.
Editor's note— Ord. No. 2205, § 3(Exh. A), adopted Apr. 6, 2010, repealed Art. XIV, Div. 1, §§ 26-750.1000, 26-750.1100, 26-750.1200, 26-750.1300 in its entirety and enacted new provisions to read as herein set out. Prior to amendment, Art. XIV, Div. 1 pertained to similar subject matter. See Code Comparative Table for derivation.
(a)
The state legislature has found that:
(1)
The waters of the state are of limited supply and are subject to ever increasing demands;
(2)
The continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses;
(3)
It is the policy of the state to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;
(4)
Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;
(5)
Landscape design, installation, maintenance, and management can and should be water efficient; and
(6)
Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and the right does not and shall not extend to waste or unreasonable method of use of water.
(b)
The city hereby finds that:
(1)
The City of West Covina has an existing water efficient landscape ordinance that is required to be amended to comply with state requirements;
(2)
Current local design practices in new landscapes strive to achieve the intent of the state model water efficient landscape ordinance water use goals;
(3)
All water services within the city are metered;
(4)
Landscape plan submittal and review is the standard practice in West Covina;
(5)
The average rainfall in West Covina is approximately seventeen (17) inches per year and the annual reference evapotranspiration rate (Annual ETo) is 53.1; and
(c)
Consistent with these findings, the purpose of the city's water efficient landscape ordinance is to establish an alternative model acceptable under Governor Brown's April 1, 2015, Drought Executive Order (B-19-25) as being at least as effective as the state model water efficient landscape ordinance in the context of conditions in the city in order to:
(1)
Promote the values and benefits of landscapes while recognizing the need to utilize water and other resources as efficiently as possible;
(2)
Establish a structure for planning, designing, installing, and maintaining and managing water efficient landscapes in new construction and rehabilitated projects;
(3)
Establish provisions for water management practices and water waste prevention for existing landscapes; and
(4)
Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount.
(Ord. No. 2205, § 3(Exh. A), 4-6-10; Ord. No. 2292, § 3(Exh. A), 3-1-16)
State Law reference— Authority cited: Section 65593, Government Code. Reference: Sections 65591, 65593, 65596, Government Code. 23 California Code of Regulations, Sections 490 et seq.
(a)
New landscape installations or rehabilitation projects: As of the effective date of the ordinance codified herein, all sections of this chapter shall apply to the following landscape projects:
(1)
New landscape projects, with an aggregate landscape area equal to or greater than five hundred (500) square feet, requiring a building permit or landscape permit, plan check or design review.
(2)
Rehabilitated landscape projects with an aggregate landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building or landscape permit, plan check, or design review.
(3)
New or rehabilitated landscape projects with an aggregate landscape area of two thousand five hundred (2,500) square feet or less may comply with the performance requirements of this chapter or conform to the prescriptive measures contained in Appendix G of the Guidelines.
(4)
New or rehabilitated projects using treated or untreated graywater or rainwater capture on site, any lot or parcels within the project that has less than two thousand five hundred (2,500) square feet of landscape area and meets the lot or parcel's landscape water requirements (estimated total water use) entirely with the treated or untreated graywater or through stored rainwater capture on site is subject only to Appendix G of the Guidelines.
(b)
This water efficient landscape ordinance does not apply to:
(1)
Registered local, state, or federal historical sites;
(2)
Ecological restoration projects that do not require a permanent irrigation system;
(3)
Mined-land reclamation projects that do not require a permanent irrigation system; or
(4)
Plant collections, as part of botanical gardens and arboretums that are open to the public.
State Law reference— Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. 23 California Code of Regulations, Sections 490 et seq.
(c)
The architectural guidelines of a common interest development, including apartments, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.
(d)
The requirements of this chapter may be partially or wholly waived, at the discretion of the city manager or his/her designee, for landscape rehabilitation projects that are limited to replacement of plantings with equal or lower water needs and where any modifications to the irrigation system do not require ministerial permits and the irrigation system is found to be designed, operable, and programmed consistent with minimizing water waste in accordance with local water purveyor(s)' regulations or programs.
(Ord. No. 2205, § 3(Exh. A), 4-6-10; Ord. No. 2292, § 3(Exh. A), 3-1-16)
The planning commission shall by resolution adopt guidelines providing rules, regulations, requirements and procedures to assure technical compliance with water efficiency standards at least as efficient as the model ordinance described in California Government Code section 65595(a).
(Ord. No. 2205, § 3(Exh. A), 4-6-10; Ord. No. 2292, § 3(Exh. A), 3-1-16)
(a)
Prior to installation, a landscape documentation package shall be submitted to the city for review and approval of all landscape projects subject to the provisions of this water efficient landscape ordinance. Any landscape documentation package submitted to the city shall comply with the provisions of the planning commission guidelines for water efficient landscaping.
(b)
The landscape documentation package shall include a certification by a landscape architect licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of the licensed professional and are certified to be in compliance with the provisions of this water efficient landscape ordinance and the planning commission guidelines for water efficient landscaping.
(1)
Landscape and irrigation plans shall be submitted to the city for review and approval with appropriate water use calculations.
(2)
Water use calculations shall be consistent with calculations contained in the guidelines and shall be provided to the local water purveyor, as appropriate, under procedures determined by the city.
(3)
Verification of compliance of the landscape installation with the approved plans shall be obtained through a certification of completion in conjunction with a certificate of occupancy or permit final process, as provided in the planning commission guidelines for water efficient landscaping.
(Ord. No. 2205, § 3(Exh. A), 4-6-10; Ord. No. 2292, § 3(Exh. A), 3-1-16)
State Law reference— Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. 23 California Code of Regulations, Sections 490 et seq.
(a)
For landscape installation or rehabilitation projects subject to the applicability requirements of section 26-750.1100(a), the estimated applied water use allowed for the landscaped area shall not exceed the maximum applied water allowance (MAWA) calculated using an evapotranspiration adjustment factor (ETAF) of 0.7, except for special landscaped areas where the MAWA is calculated using an ETAF of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water-efficient in a manner acceptable to the city; as provided in the planning commission guidelines for water efficient landscaping.
(b)
Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor or as mutually agreed by local water purveyor and the city.
(Ord. No. 2205, § 3(Exh. A), 4-6-10; Ord. No. 2292, § 3(Exh. A), 3-1-16)
The city may delegate to, or enter into a contract with, a local agency to implement, administer, and/or enforce any of the provisions of the water efficient landscape ordinance on behalf of the city.
(Ord. No. 2205, § 3(Exh. A), 4-6-10; Ord. No. 2292, § 3(Exh. A), 3-1-16)
The following definitions are applicable to this chapter:
Aggregate landscape areas pertains to the areas undergoing development as one project or for production home neighborhoods or other situations where multiple parcels are undergoing development as one (1) project, but will eventually be individually owned.
Applied water means the portion of water supplied by the irrigation system to the landscape.
Budget-based tiered-rate structure means tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping.
Community aesthetics evaluation means that when a project is not subject to a permit, plan check, or design review, the community aesthetics evaluation may be performed to ensure the aesthetic standards of the community and irrigation efficiency intent is maintained.
Ecological restoration project means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
Estimated applied water use means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the guidelines. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system.
Evapotranspiration or Eto. See "Reference Evapotranspiration."
Evapotranspiration adjustment factor or ETAF is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the guidelines. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area. A combined plant mix with a site-wide average plant factor of 0.5 (indicating a moderate water need) and average irrigation efficiency of 0.71 produces an ET adjustment factor of (0.7) = (0.5/0.71), which is the standard of water use efficiency generally required by this water efficient landscape ordinance and the guidelines, except that the ETAF for a special landscape area shall not exceed 1.0.
Guidelines refers to the guidelines for implementation of the water efficient landscape ordinance, as adopted by the city, which describes procedures, calculations, and requirements for landscape projects subject to this water efficient landscape ordinance.
Hardscapes means any durable material or feature (pervious and non-pervious) installed in or around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this water efficient landscape ordinance.
Irrigation efficiency means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this water efficient landscape ordinance are 0.75 for overhead spray devices and 0.81 for drip systems.
Landscaped area means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance and estimated applied water use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).
Landscape contractor means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
Landscape documentation package means the documents required to be provided to the city for review and approval of landscape design projects, as described in the guidelines.
Landscape project means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the applicability requirements under section 26-750.1100 of this water efficient landscape ordinance.
Local agency means a city or county, including a charter city or charter county, that is authorized to implement, administer, and/or enforce any of the provisions of the water efficient landscape ordinance. The local agency may be responsible for the enforcement or delegation of enforcement of this water efficient landscape ordinance including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project.
Local water purveyor means any entity, including a public agency, city, county, or private water company that provides retail water service.
Maximum applied water allowance or MAWA means the upper limit of annual applied water for the established landscaped area as specified in Section 2.2 of the guidelines. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance. MAWA = (ETo) (0.62) [(ETAF x LA) + (1-ETAF) x SLA]
Mined-land reclamation projects means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
New construction means, for the purposes of this water efficient landscape ordinance, a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building.
Non-pervious means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.
Pervious means any surface or material that allows the passage of water through the material and into the underlying soil.
Permit means an authorizing document issued by local agencies for new construction or rehabilitated landscape.
Plant factor or plant water use factor is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Water Efficient Landscape Ordinance, the plant factor range for low water use plants is 0 to 0.1; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this Water Efficient Landscape Ordinance are derived from the publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).
Recycled water or reclaimed water means treated or recycled wastewater of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.
Reference evapotranspiration or ETo means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix A of the Guidelines, and is an estimate of the evapotranspiration of a large field of four (4) to seven (7) inches tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances.
Rehabilitated landscape means any re-landscaping project that meets the applicability criteria of Section 16.131.020(a), where the modified landscape area is greater than two thousand five hundred (2,500) square feet,
Smart irrigation controller means an automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data with non-volatile memory shall be required for irrigation scheduling in all irrigation systems, recommending U.S. EPA WaterSense labeled devices as applicable.
Special landscape area means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and recreational areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.
Turf means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses.
Valve means a device used to control the flow of water in an irrigation system.
Water feature means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high-water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.
(Ord. No. 2205, § 3(Exh. A), 4-6-10; Ord. No. 2292, § 3(Exh. A), 3-1-16)
State Law reference— Authority Cited: Section 65595, Government Code. Reference: Sections 65592, 65596, Government Code. 23 California Code of Regulations, Sections 490 et seq.
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 regional and countywide efforts, improve transportation demand management, and thereby improve the environment of the city.
(Ord. No. 1913, § 2, 2-16-93)
(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:
(1)
"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.
(2)
"Applicable development" means any development project that is determined to meet or exceed the project size threshold criteria contained in this division.
(3)
"Buspool" means a vehicle carrying sixteen (16) or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.
(4)
"Carpool" means a vehicle carrying two (2) to six (6) persons commuting together to and from work on a regular basis.
(5)
"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.
(6)
"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 division as determined by the property owner.
(7)
"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 subsection (d)(2) 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.
(8)
"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:
(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.
(11)
"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 nondesert portions of Los Angeles, Orange, Riverside, and San Bernardino Counties).
(12)
"Tenant" means the lessee of facility space at an applicable development project.
(13)
"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 (7) 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 (7) to fifteen (15) adult passengers, and on a prepaid subscription basis.
(16)
"Vehicle" means any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.
(c)
Review of transit impacts. Prior to approval of any development project for which an environmental impact report (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 division shall be exempted from its provisions. The "Transit Impact Review Worksheet", contained in the Los Angeles County Congestion Management Program Manual, or Planning Commission Resolution No. 1-93-4135, shall be used in assessing impacts. Pursuant to the provisions 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 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.
(d)
Transportation demand and trip reduction measures.
(1)
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 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 DEIR has been circulated or for which an application for a building permit has been received, prior to the effective date of this division.
All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair.
(2)
Development standards.
a.
Nonresidential development of twenty-five thousand (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 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.
b.
Nonresidential development of fifty thousand (50,000) square feet or more shall comply with subsection (d)(2)a. above and shall provide all of the following measures to the satisfaction of the city:
1.
Not less than ten (10) percent 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. 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 (1) space for projects of fifty thousand (50,000) square feet to one hundred thousand (100,000) square feet will be signed/striped for carpool/vanpool vehicles.
2.
Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven (7) feet two (2) inches 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. Compliance with this minimum vertical clearance standard is not intended to relieve the duty or obligation that may be imposed with any requirements or provisions of the Americans with Disabilities Act or Title 24, State of California Energy/Insulation Regulations and Handicapped Persons Standards.
3.
Bicycle racks or other secure bicycle parking shall be provided to accommodate four (4) bicycles per the first fifty thousand (50,000) square feet of nonresidential development and one (1) bicycle per each additional fifty thousand (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.
c.
Nonresidential development of one hundred thousand (100,000) square feet or more shall comply with subsections (d)(2)a. and (d)(2)b. above, and shall provide all of the following measures to the satisfaction of the city:
1.
A safe and convenient zone in which vanpool and 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.
3.
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.
4.
Safe and convenient access from the external system to bicycle parking facilities on-site.
(e)
Transportation demand and trip reduction measures monitoring. All development projects for which an environmental impact report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA), 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 CEQA 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 conditional use permit, precise plan or other discretionary approval(s) for the project. Should the developer, or responsible or trustee agency, violate or fail to comply with this division, and applicable conditions of approval, all permits including, but not limited to, the certificate of occupancy and/or business license, conditional use permits, precise plans or other discretionary approvals for the project may be revoked by the city. Furthermore, any such violation or failure to comply with any or all of this division may result in the revocation of the certificate of occupancy and/or business license.
CMP TDM ORDINANCE REQUIREMENTS
(Ord. No. 1913, § 2, 2-16-93)
(a)
Purpose. 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 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 decisionmakers and interested parties, and thereby enhancing countywide mobility and improving air quality.
(b)
Applicability of requirements. 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 Analysis" methods contained in the Los Angeles County Congestion Management Program and/or Planning Commission Resolution No. 1-93-4135.
(Ord. No. 1913, § 2, 2-16-93)
SUPPLEMENTAL PLANNING REQUIREMENTS17
Editor's note— As per instructions of the city, the requirements of this article are in addition to the preceding zoning standards. The increasing population growth and its affects on infrastructure and natural resources demand more regional attention. The requirements of this article apply to a variety of issues. The purpose of this article is within the city's jurisdictional boundaries to:
(1) Preserve the supply of state resources which are subject to ever increasing demands.
(2) Address county, regional and statewide issues and legislation.
(3) Address issues such as congestion, fuel waste, air pollution, preservation of natural resources, labor force, economic development, and population growth which transcend political boundaries and therefore warrant regional attention.
(4) Provide standards for responsible local land use decision making in areas of statewide and regionwide significance while recognizing that the state's standards often preempt local standards.
(5) Balance local with regional and state goals.
(6) Balance environmental issues with urban growth.
(7) Foster the continuation of California's economic prosperity which is dependent on adequate supplies of natural resources being available for future uses.
Editor's note— Ord. No. 2205, § 3(Exh. A), adopted Apr. 6, 2010, repealed Art. XIV, Div. 1, §§ 26-750.1000, 26-750.1100, 26-750.1200, 26-750.1300 in its entirety and enacted new provisions to read as herein set out. Prior to amendment, Art. XIV, Div. 1 pertained to similar subject matter. See Code Comparative Table for derivation.
(a)
The state legislature has found that:
(1)
The waters of the state are of limited supply and are subject to ever increasing demands;
(2)
The continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses;
(3)
It is the policy of the state to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;
(4)
Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;
(5)
Landscape design, installation, maintenance, and management can and should be water efficient; and
(6)
Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and the right does not and shall not extend to waste or unreasonable method of use of water.
(b)
The city hereby finds that:
(1)
The City of West Covina has an existing water efficient landscape ordinance that is required to be amended to comply with state requirements;
(2)
Current local design practices in new landscapes strive to achieve the intent of the state model water efficient landscape ordinance water use goals;
(3)
All water services within the city are metered;
(4)
Landscape plan submittal and review is the standard practice in West Covina;
(5)
The average rainfall in West Covina is approximately seventeen (17) inches per year and the annual reference evapotranspiration rate (Annual ETo) is 53.1; and
(c)
Consistent with these findings, the purpose of the city's water efficient landscape ordinance is to establish an alternative model acceptable under Governor Brown's April 1, 2015, Drought Executive Order (B-19-25) as being at least as effective as the state model water efficient landscape ordinance in the context of conditions in the city in order to:
(1)
Promote the values and benefits of landscapes while recognizing the need to utilize water and other resources as efficiently as possible;
(2)
Establish a structure for planning, designing, installing, and maintaining and managing water efficient landscapes in new construction and rehabilitated projects;
(3)
Establish provisions for water management practices and water waste prevention for existing landscapes; and
(4)
Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount.
(Ord. No. 2205, § 3(Exh. A), 4-6-10; Ord. No. 2292, § 3(Exh. A), 3-1-16)
State Law reference— Authority cited: Section 65593, Government Code. Reference: Sections 65591, 65593, 65596, Government Code. 23 California Code of Regulations, Sections 490 et seq.
(a)
New landscape installations or rehabilitation projects: As of the effective date of the ordinance codified herein, all sections of this chapter shall apply to the following landscape projects:
(1)
New landscape projects, with an aggregate landscape area equal to or greater than five hundred (500) square feet, requiring a building permit or landscape permit, plan check or design review.
(2)
Rehabilitated landscape projects with an aggregate landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building or landscape permit, plan check, or design review.
(3)
New or rehabilitated landscape projects with an aggregate landscape area of two thousand five hundred (2,500) square feet or less may comply with the performance requirements of this chapter or conform to the prescriptive measures contained in Appendix G of the Guidelines.
(4)
New or rehabilitated projects using treated or untreated graywater or rainwater capture on site, any lot or parcels within the project that has less than two thousand five hundred (2,500) square feet of landscape area and meets the lot or parcel's landscape water requirements (estimated total water use) entirely with the treated or untreated graywater or through stored rainwater capture on site is subject only to Appendix G of the Guidelines.
(b)
This water efficient landscape ordinance does not apply to:
(1)
Registered local, state, or federal historical sites;
(2)
Ecological restoration projects that do not require a permanent irrigation system;
(3)
Mined-land reclamation projects that do not require a permanent irrigation system; or
(4)
Plant collections, as part of botanical gardens and arboretums that are open to the public.
State Law reference— Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. 23 California Code of Regulations, Sections 490 et seq.
(c)
The architectural guidelines of a common interest development, including apartments, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.
(d)
The requirements of this chapter may be partially or wholly waived, at the discretion of the city manager or his/her designee, for landscape rehabilitation projects that are limited to replacement of plantings with equal or lower water needs and where any modifications to the irrigation system do not require ministerial permits and the irrigation system is found to be designed, operable, and programmed consistent with minimizing water waste in accordance with local water purveyor(s)' regulations or programs.
(Ord. No. 2205, § 3(Exh. A), 4-6-10; Ord. No. 2292, § 3(Exh. A), 3-1-16)
The planning commission shall by resolution adopt guidelines providing rules, regulations, requirements and procedures to assure technical compliance with water efficiency standards at least as efficient as the model ordinance described in California Government Code section 65595(a).
(Ord. No. 2205, § 3(Exh. A), 4-6-10; Ord. No. 2292, § 3(Exh. A), 3-1-16)
(a)
Prior to installation, a landscape documentation package shall be submitted to the city for review and approval of all landscape projects subject to the provisions of this water efficient landscape ordinance. Any landscape documentation package submitted to the city shall comply with the provisions of the planning commission guidelines for water efficient landscaping.
(b)
The landscape documentation package shall include a certification by a landscape architect licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of the licensed professional and are certified to be in compliance with the provisions of this water efficient landscape ordinance and the planning commission guidelines for water efficient landscaping.
(1)
Landscape and irrigation plans shall be submitted to the city for review and approval with appropriate water use calculations.
(2)
Water use calculations shall be consistent with calculations contained in the guidelines and shall be provided to the local water purveyor, as appropriate, under procedures determined by the city.
(3)
Verification of compliance of the landscape installation with the approved plans shall be obtained through a certification of completion in conjunction with a certificate of occupancy or permit final process, as provided in the planning commission guidelines for water efficient landscaping.
(Ord. No. 2205, § 3(Exh. A), 4-6-10; Ord. No. 2292, § 3(Exh. A), 3-1-16)
State Law reference— Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. 23 California Code of Regulations, Sections 490 et seq.
(a)
For landscape installation or rehabilitation projects subject to the applicability requirements of section 26-750.1100(a), the estimated applied water use allowed for the landscaped area shall not exceed the maximum applied water allowance (MAWA) calculated using an evapotranspiration adjustment factor (ETAF) of 0.7, except for special landscaped areas where the MAWA is calculated using an ETAF of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water-efficient in a manner acceptable to the city; as provided in the planning commission guidelines for water efficient landscaping.
(b)
Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor or as mutually agreed by local water purveyor and the city.
(Ord. No. 2205, § 3(Exh. A), 4-6-10; Ord. No. 2292, § 3(Exh. A), 3-1-16)
The city may delegate to, or enter into a contract with, a local agency to implement, administer, and/or enforce any of the provisions of the water efficient landscape ordinance on behalf of the city.
(Ord. No. 2205, § 3(Exh. A), 4-6-10; Ord. No. 2292, § 3(Exh. A), 3-1-16)
The following definitions are applicable to this chapter:
Aggregate landscape areas pertains to the areas undergoing development as one project or for production home neighborhoods or other situations where multiple parcels are undergoing development as one (1) project, but will eventually be individually owned.
Applied water means the portion of water supplied by the irrigation system to the landscape.
Budget-based tiered-rate structure means tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping.
Community aesthetics evaluation means that when a project is not subject to a permit, plan check, or design review, the community aesthetics evaluation may be performed to ensure the aesthetic standards of the community and irrigation efficiency intent is maintained.
Ecological restoration project means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
Estimated applied water use means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the guidelines. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system.
Evapotranspiration or Eto. See "Reference Evapotranspiration."
Evapotranspiration adjustment factor or ETAF is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the guidelines. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area. A combined plant mix with a site-wide average plant factor of 0.5 (indicating a moderate water need) and average irrigation efficiency of 0.71 produces an ET adjustment factor of (0.7) = (0.5/0.71), which is the standard of water use efficiency generally required by this water efficient landscape ordinance and the guidelines, except that the ETAF for a special landscape area shall not exceed 1.0.
Guidelines refers to the guidelines for implementation of the water efficient landscape ordinance, as adopted by the city, which describes procedures, calculations, and requirements for landscape projects subject to this water efficient landscape ordinance.
Hardscapes means any durable material or feature (pervious and non-pervious) installed in or around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this water efficient landscape ordinance.
Irrigation efficiency means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this water efficient landscape ordinance are 0.75 for overhead spray devices and 0.81 for drip systems.
Landscaped area means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance and estimated applied water use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).
Landscape contractor means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
Landscape documentation package means the documents required to be provided to the city for review and approval of landscape design projects, as described in the guidelines.
Landscape project means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the applicability requirements under section 26-750.1100 of this water efficient landscape ordinance.
Local agency means a city or county, including a charter city or charter county, that is authorized to implement, administer, and/or enforce any of the provisions of the water efficient landscape ordinance. The local agency may be responsible for the enforcement or delegation of enforcement of this water efficient landscape ordinance including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project.
Local water purveyor means any entity, including a public agency, city, county, or private water company that provides retail water service.
Maximum applied water allowance or MAWA means the upper limit of annual applied water for the established landscaped area as specified in Section 2.2 of the guidelines. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance. MAWA = (ETo) (0.62) [(ETAF x LA) + (1-ETAF) x SLA]
Mined-land reclamation projects means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
New construction means, for the purposes of this water efficient landscape ordinance, a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building.
Non-pervious means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.
Pervious means any surface or material that allows the passage of water through the material and into the underlying soil.
Permit means an authorizing document issued by local agencies for new construction or rehabilitated landscape.
Plant factor or plant water use factor is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Water Efficient Landscape Ordinance, the plant factor range for low water use plants is 0 to 0.1; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this Water Efficient Landscape Ordinance are derived from the publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).
Recycled water or reclaimed water means treated or recycled wastewater of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.
Reference evapotranspiration or ETo means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix A of the Guidelines, and is an estimate of the evapotranspiration of a large field of four (4) to seven (7) inches tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances.
Rehabilitated landscape means any re-landscaping project that meets the applicability criteria of Section 16.131.020(a), where the modified landscape area is greater than two thousand five hundred (2,500) square feet,
Smart irrigation controller means an automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data with non-volatile memory shall be required for irrigation scheduling in all irrigation systems, recommending U.S. EPA WaterSense labeled devices as applicable.
Special landscape area means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and recreational areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.
Turf means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses.
Valve means a device used to control the flow of water in an irrigation system.
Water feature means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high-water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.
(Ord. No. 2205, § 3(Exh. A), 4-6-10; Ord. No. 2292, § 3(Exh. A), 3-1-16)
State Law reference— Authority Cited: Section 65595, Government Code. Reference: Sections 65592, 65596, Government Code. 23 California Code of Regulations, Sections 490 et seq.
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 regional and countywide efforts, improve transportation demand management, and thereby improve the environment of the city.
(Ord. No. 1913, § 2, 2-16-93)
(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:
(1)
"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.
(2)
"Applicable development" means any development project that is determined to meet or exceed the project size threshold criteria contained in this division.
(3)
"Buspool" means a vehicle carrying sixteen (16) or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.
(4)
"Carpool" means a vehicle carrying two (2) to six (6) persons commuting together to and from work on a regular basis.
(5)
"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.
(6)
"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 division as determined by the property owner.
(7)
"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 subsection (d)(2) 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.
(8)
"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:
(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.
(11)
"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 nondesert portions of Los Angeles, Orange, Riverside, and San Bernardino Counties).
(12)
"Tenant" means the lessee of facility space at an applicable development project.
(13)
"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 (7) 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 (7) to fifteen (15) adult passengers, and on a prepaid subscription basis.
(16)
"Vehicle" means any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.
(c)
Review of transit impacts. Prior to approval of any development project for which an environmental impact report (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 division shall be exempted from its provisions. The "Transit Impact Review Worksheet", contained in the Los Angeles County Congestion Management Program Manual, or Planning Commission Resolution No. 1-93-4135, shall be used in assessing impacts. Pursuant to the provisions 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 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.
(d)
Transportation demand and trip reduction measures.
(1)
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 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 DEIR has been circulated or for which an application for a building permit has been received, prior to the effective date of this division.
All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair.
(2)
Development standards.
a.
Nonresidential development of twenty-five thousand (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 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.
b.
Nonresidential development of fifty thousand (50,000) square feet or more shall comply with subsection (d)(2)a. above and shall provide all of the following measures to the satisfaction of the city:
1.
Not less than ten (10) percent 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. 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 (1) space for projects of fifty thousand (50,000) square feet to one hundred thousand (100,000) square feet will be signed/striped for carpool/vanpool vehicles.
2.
Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven (7) feet two (2) inches 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. Compliance with this minimum vertical clearance standard is not intended to relieve the duty or obligation that may be imposed with any requirements or provisions of the Americans with Disabilities Act or Title 24, State of California Energy/Insulation Regulations and Handicapped Persons Standards.
3.
Bicycle racks or other secure bicycle parking shall be provided to accommodate four (4) bicycles per the first fifty thousand (50,000) square feet of nonresidential development and one (1) bicycle per each additional fifty thousand (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.
c.
Nonresidential development of one hundred thousand (100,000) square feet or more shall comply with subsections (d)(2)a. and (d)(2)b. above, and shall provide all of the following measures to the satisfaction of the city:
1.
A safe and convenient zone in which vanpool and 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.
3.
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.
4.
Safe and convenient access from the external system to bicycle parking facilities on-site.
(e)
Transportation demand and trip reduction measures monitoring. All development projects for which an environmental impact report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA), 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 CEQA 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 conditional use permit, precise plan or other discretionary approval(s) for the project. Should the developer, or responsible or trustee agency, violate or fail to comply with this division, and applicable conditions of approval, all permits including, but not limited to, the certificate of occupancy and/or business license, conditional use permits, precise plans or other discretionary approvals for the project may be revoked by the city. Furthermore, any such violation or failure to comply with any or all of this division may result in the revocation of the certificate of occupancy and/or business license.
CMP TDM ORDINANCE REQUIREMENTS
(Ord. No. 1913, § 2, 2-16-93)
(a)
Purpose. 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 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 decisionmakers and interested parties, and thereby enhancing countywide mobility and improving air quality.
(b)
Applicability of requirements. 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 Analysis" methods contained in the Los Angeles County Congestion Management Program and/or Planning Commission Resolution No. 1-93-4135.
(Ord. No. 1913, § 2, 2-16-93)