HomeMy WebLinkAbout15 - PA2002-126 - Transportation Demand Management Ordinance4�,.gvuPORT CITY OF NEWPORT BEACH Hearing Date: July l8, 2002
PLANNING DEPARTMENT Agenda Item: 15
�J 3300 NEWPORT BOULEVARD Staff Person: Todd M. Weber
NEWPORT BEACH, CA 92658
(949) 644 -3200: FAX (949) 644 -3229
REPORT TO THE CITY COUNCIL
PROJECT: Transportation Demand Management (TDM) Ordinance
Code Amendment No. 2002 -003 (PA2002 -126)
SUMMARY: Changes are proposed to Chapter 20.64 - Transportation Demand
Management (TDM) Ordinance, 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 as recommended by the Orange County Transportation
Authority.
RECOMMENDED
ACTION: 1) Hold a public hearing.
2) Introduce, waive first and second readings, and adopt Urgency
Ordinance No. 2002 -_ regarding the Transportation Demand
Management (TDM) Ordinance as presented.
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.
Proiect 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.
The Planning Commission will review the draft Urgency Ordinance on July 18. Staff will report
the recommendation of the Planning Commission at the public hearing.
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, waive first reading and adopt Urgency Ordinance No. _ as
presented.
Submitted by:
PATRICIA L. TEMPLE
lanning Director
A t
Exhibits
1. Urgency Ordinance No. _
J:\PAs - 2002\PA2002- 126 \CA2002 -003 ccrpt.doc.dot
Prepared by:
TODD M. WEBER
Associate Planner
T DM Ordinance Amendment— CA2002 -003 (PA2002 -126)
July 18, 2002
Page 2 of 2
2
ORDINANCE NO.
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 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 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; and
NOW, THEREFORE, 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:
20.64.050 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 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:
20.64.085 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. Withholding issuance of a Building Permit or Certificate of Occupancy.
B. Issuance of Stop Work Orders.
SECTION 3. This Ordinance shall take effect immediately.
Exhibit No. 1
SECTION 4. The City Council finds and declares this Ordinance to be necessary as
an emergency measure for the preservation of the public peace, heath or safety as follows:
(a) To maintain eligibility for Measure M funding.
(b) Loss of Measure M funding could jeopardize public works projects and
transportation improvements that have been planned and scoped within the City's Capital
Improvement Plan (CIP).
SECTION 5. 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 6. 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 7. Adopted and approved this 23`d day of July, 2002 by the following vote:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
10TATTAY1193�
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
FAUSERS \PLN \Shared \PA's \PAs - 2002 \PA2002 - 126 \CA2002 -003 ccordinance.doc
J