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Home My WebLink AboutTransportation Demand Management Ordinance (PA2002-126)CITY OF NEWPORT BEACH Hearing Date: July 18, 2002 PLANNING DEPARTMENT Agenda Item: 5 3300 NEWPORT BOULEVARD Staff Person: Todd M. Weber NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3229 Council Review: Automatic REPORT TO THE PLANNING COMMISSION PROJECT: Transportation Demand Management (TDM) Ordinance Code Amendment No. 2002 -003 (PA2002 -126) SUMMARY: The City is proposing changes to Chapter 20.64 of the Municipal Code consistent with the changes in designation made for the Transportation Demand Management regulations administered by the South Coast Air Quality Management District ( SCAQMD). The changes also include the addition of a section outlining enforcement of the TDM regulations. RECOMMENDED ACTION: Recommend that the City Council adopt the changes as proposed. APPLICANT: City of Newport Beach Introduction and Background The City is seeking to amend the adopted Transportation Demand Management (TDM) Ordinance so that it remains consistent with the regulations enforced by the South Coast Air Quality Management District ( SCAQMD) and keeps the City eligible for Measure M funding. The present ordinance was adopted in 1997. The Orange County Transportation Authority (OCTA) reviews this ordinance every 5 years. Since the adoption in 1997, the SCAQMD has made changes to their regulations that warrant the update to the City's ordinance. Project Overview & Analysis This item is basically a housekeeping action that would update the City's TDM Ordinance to match the amended classification and wording of the SCAQMD. The SCAQMD has changed the designation of their regulations governing transportation demand management. Originally known as Regulation XV, it is now classified as Rule 2202. Additionally, the OCTA has requested inclusion of a new section pertaining to enforcement. The language in the proposed ordinance is taken from a model ordinance approved by the OCTA. Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act ( "CEQA") under Class 8, Actions by Regulatory Agencies for Protection of the Environment. Recommendation Conduct the public hearing and adopt Resolution No. _ recommending that the City Council adopt the draft urgency ordinance as presented. Submitted by: PATRICIA L. TEMPLE Planning Exhibits Resolution No. 2. Draft Urgency Ordinance No. Prepared by: TODD M. WEBER Associate Planner F: \USERS\PLN\Shared\PA's\PAs - 2002\PA2002- 126 \CA2002 -003 pupt.doc.dot T DM Ordinance Amendment — CA2002 -003 (PA2002 -126) July 18, 2002 Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE CODE AMENDMENT NO. 2002 -003, AFFECTING THE TRANSPORTATION DEMAND MANAGEMENT (TDM) ORDINANCE FOR ALL PROPERTIES WITHIN THE CITY OF NEWPORT BEACH (PA2002 -126). The Planning Commission of the City of Newport Beach does hereby find, resolve and order as follows: Section 1. The Orange County Transportation Authority (OCTA) reviews the City's Transportation Demand Management (TDM) Ordinance every 5 years with the last review occurring in 1997. The City must receive the approval of the OCTA for the ordinance as part of the process to remain eligible for Measure M funding. Since 1997, the South Coast Air Quality Management District (SCAQMD) has changed the designation of the District's TDM regulations. The proposed amendment would coincide with these changes as well as add a provision for enforcement as recommended by the OCTA. Section 2. A public hearing was held on July 18, 2002, at 6:30 P.M. in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was duly given. Evidence, both written and oral, was presented to and considered by the Planning Commission at the aforesaid meeting. Section 3. The Planning Commission finds as follows: a) The amendments are minor and are necessary to maintain consistency between independent regulatory agencies. b) The amendments are necessary to maintain eligibility for Measure M funding, a vital source of funding for transportation projects. C) This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act ( "CEQA ") under Class 8, Actions by Regulatory Agencies for Protection of the Environment. Section 4. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council adopt an ordinance that executes these changes. Section 5. This recommendation shall be forwarded to the City Council for final adoption of this amendment in accordance with the provisions of the Newport Beach Municipal Code. Exhibit No. 1 3 PASSED, APPROVED AND ADOPTED THIS 18th DAY OF JULY, 2002. m Pv Larry Tucker, Chairman Earl McDaniel, Secretary AYES: NOES: ABSENT: F:%USERS\PLN \Shared\PA's\PAs - 2002 \PA2002 - 126 \CA2002 -003 peresolution.doe ORDINANCE NO. 2002- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS OF CHAPTER 20.64 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO TRANSPORTATION DEMAND MANAGEMENT (TDM) WHEREAS; the City Council of the City of Newport Beach wishes to maintain the City's eligibility for Measure M funding as an important and valuable program that provides assistance with developing or improving transportation projects; and WHEREAS, in compliance with the 5 year review period adopted by the Orange County Transportation Authority (OCTA) that administers Measure M funds, the City Council of the City of Newport Beach wishes to maintain consistency between the language contained in the City's Transportation Demand Management (TDM) Ordinance and the corresponding regulations adopted and implemented by the South Coast Air Quality Management District (SCAQMD), as well as any additional language recommended by the OCTA, in order to maintain eligibility for Measure M funding. The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Section 20.64.050 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.64.50 Applicability This Chapter shall apply to all new, nonresidential development projects that are estimated to employ a total of one hundred (100) or more persons, or the current limit set for by the South Coast Air Quality Management District (SCAQMD) in Rule 2202, whichever is lower at the time of project submittal. For the purposes of this section, the effective date of project submittal shall be that date upon which the Planning Department accepts the application as complete. SECTION 2: Section 20.64.085 is added to the Newport Beach Municipal Code to read as follows: 20.64.85 Enforcement To assure that applicable developments comply with the provisions of this Chapter, the City shall, following written notice to subject property owner or designee, initiate enforcement action(s) which may include, but not be limited to, the following: A. Withhold issuance of a Building Permit or Certificate of Occupancy. B. Issuance of Stop Work Orders. Exhibit No. 2 SECTION 3: That if any section, subsection, sentence clause or phrase of the Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance, and each section, subsection, clause or phrase, irrespective of the fact that any one to more sections, subsections, sentences clauses and phrases be declared unconstitutional. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. SECTION 5: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 23`d day of July, 2002, and adopted on the _ day of , 2002, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS u= •C ATTEST: CITY CLERK F: \USERS \PLN\Shued\PA's\PAs - 2002\PA2002- 126 \CA2002 -003 ordinmce.doc M