Sec. 44-424. - Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative transportation mode means any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing such as carpooling or vanpooling, as well as public transit, bicycling, or walking.

Applicable project means a development project that is determined to meet or exceed a 100-employee threshold.

Carpool means two to six persons traveling together in a single vehicle.

Development project means a nonresidential project being processed by the City that requires discretionary action.

Employee means a person employed by a firm, person, business, educational institution, non-profit agency or corporation, government agency, or other entity that collectively employs 100 or more persons at a single worksite. The term "employee" shall include persons employed on a full-time, part-time, or temporary basis.

Employer means a person, firm, business, educational institution, government agency, non-profit agency or corporation, or other entity that employs or houses tenants and that collectively employs 100 or more employees at a single worksite within the City on a full-time, and/or part-time or temporary basis, and may either be a property owner or tenant of an applicable development project.

Improvement plans means plans submitted to the City as part of an application for a building permit for a new or an enlarged or expanded existing nonresidential building or use, or change of use (as defined by the Uniform Building Code) of a nonresidential building.

Minimum building size means the total gross floor area measured in square feet of a building or group of buildings at a common work location (includes the total floor area of both new and existing facilities).

Mixed-use development means the development of a parcels or structures with two or more different land uses such as, a combination of residential, office, commercial retail, public, or entertainment in a single or physically integrated group of structures.

Property owner means the legal owner of the applicable development project who serves as lessor to an employer or tenant. The property owner shall be responsible for complying with the provisions of this division either directly or by delegating such responsibility as appropriate to an employer or tenant.

Tenant means the lessee of facility space at an applicable development project who may also serve as an employer.

Transportation demand management (TDM) means the implementation of programs, plans, or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on:

(1)

Alternative travel modes to the single occupant vehicle such as carpools, vanpools, and transit;

(2)

Reduction or elimination of the number of vehicle trips; or

(3)

Shifts in the time of vehicle commutes to other than the peak period.

Trip reduction means a reduction in the number of work-related trips taken during peak period hours in single occupant vehicles.

Vanpool means a van or similar vehicle occupied by seven or more persons traveling together.

Worksite means a building or group of buildings that is in actual physical contact or separated solely by a private or public roadway or other private or public right-of-way, owned or operated by the same employer (or by employers under common control), and includes the place of employment, base of operation, or predominate location of an employee.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-425. - Applicability to development projects; exemptions.

(a)

Applicability. The provisions of this division shall apply to all development projects as follows:

(1)

New commercial, office/professional, business park/industrial, mixed-use, institutional, or other nonresidential use or combination thereof, at a worksite that is expected to employ 100 or more persons, as determined by employee projections or by employee generation factors established by the City.

(2)

An existing or approved facility or development for which the property owner/tenant submits subsequent discretionary application to change the proposed use, project design, or development intensity, and which will employ 100 or more persons as determined as stated in subsection (a)(1).

(b)

Exemptions. Notwithstanding any other provisions of this chapter, the following uses and activities shall be specifically exempt from the provisions of this division:

(1)

Development projects expected to employ fewer than 100 persons.

(2)

Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors, and construction workers.

(3)

Other temporary activities, authorized by the City, when such temporary activities shall discontinue at the end of the designated time period.

(c)

Applicable development size. For purposes of determining whether an applicable development project, as set forth in this section, is subject to this division, either of the following options shall apply:

(1)

Employment projections developed by the project applicant, subject to approval by the Community Development Director.

(2)

The following minimum building sizes that shall be considered equivalent to the 100-employee threshold:

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-426. - TDM facility provisions.

(a)

Development projects subject to the provisions of this division shall, during project review and City action, incorporate consideration of TDM facility design opportunities, which shall be identified on project plans.

(b)

It is the intent of this section to provide a menu of mandatory and optional facility standards that can be incorporated into project design to encourage increased ridesharing and alternative transportation modes. In conjunction with project action by the project approval body, the approval body shall identify TDM facility standards that shall be applied to project design as conditions of approval, based upon review of the proposed use, project design characteristics, and other project considerations.

(c)

Nothing in this division shall prevent a project applicant from incorporating additional TDM facility strategies into the project proposal to encourage and facilitate TDM opportunities or related air quality requirements.

(1)

Carpool/vanpool parking.

a.

A percentage of parking spaces, located as close as is practical to the entrance of the use or at other preferential locations within the employee parking area, shall be reserved for use by carpool and vanpool vehicles, as determined by the approval body reviewing the development project.

b.

These spaces shall be reserved and designated for carpool/vanpool parking by marking such spaces "carpool only."

(2)

Bicycle parking. The site shall provide bicycle racks in a designated area for use by employees and tenants who commute to the site by bicycle. The bicycle parking area shall be established in a secure location and be in close proximity to employee entrances.

(3)

Transit waiting shelters. Transit waiting shelters, including bus pullouts, bus pads and right-of-way for bus shelters, may be required by the City in consultation with the Orange County Transportation Authority for development projects located along high traffic volume streets and established or proposed bus routes. The applicability of this provision shall be determined in conformance with standard traffic engineering principals including, the frequency and relative impact of blocked traffic due to stopped buses and the level of transit ridership at the location.

(4)

Pedestrian access.

a.

Sidewalks and other paved pathways shall be provided onsite to connect off site pedestrian circulation systems (planned or existing) to the building site.

b.

Sidewalk locations shall connect existing and planned transit waiting shelters with building entrances.

(5)

Bicycle access. Implementation of the City's master plan of bike trails shall be integrated with project review to provide continuity and transition of bike trail access from the development site to existing and planned on-street and off-street bike trails.

(6)

Joint access and shared parking. For multi-building developments designed as a "worksite" as defined in this division, provision of joint access and shared parking across multiple parcels shall be incorporated into project design to facilitate integration of TDM facility strategies.

(7)

Additional TDM mechanisms. It is the intent of this subsection to identify additional TDM mechanisms that the project applicant may elect to consider with project design, taking into consideration project use, size, and building site layout:

a.

A commuter information area, located within the central building, to provide employees with information on alternative transportation modes. This area shall be centrally located and accessible to all employees or tenants and shall be of sufficient size to provide and display information on alternative transportation modes, such as current maps, routes, and schedules for public transit.

b.

Shower and locker facilities onsite for use by employees or tenants who commute to the site by bicycling or walking.

c.

Rideshare vehicle passenger loading and unloading areas to provide employees who vanpool or carpool a location to embark and disembark from rideshare vehicles to and from the building site. The design and location of such loading areas shall consider onsite circulation characteristics, pedestrian access, and building site entrances to provide for employee access.

d.

Onsite day care facilities.

e.

Onsite lunch rooms/cafeterias.

f.

Onsite commercial services such as banks, restaurants, and small retail uses.

g.

Parking spaces designated for park-and-ride users.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-427. - Enforcement and appeals.

Policies and procedures set forth in this division are enforceable under the provisions of Article IV, Division 6.

(Ord. No. 2015-01, § 3, 5-5-2015)

Secs. 44-428—44-452. - Reserved. DIVISION 7. - RESERVED

Secs. 44-453—44-474. - Reserved. DIVISION 8. - FLOODPLAIN MANAGEMENT

Sec. 44-460. - Applicability.

This division shall apply to all areas identified as flood-prone within the jurisdiction of the City.

(Ord. No. 2016-01, § 5, 5-5-2015)

Sec. 44-461. - Basis for establishing flood-prone areas.

The Floodplain Administrator shall obtain, review, and reasonably utilize any base flood data available from other Federal or state agencies or other source to identify flood-prone areas within the jurisdiction of the City. This data will be on file with the Community Development Department, Planning Division, at La Palma City Hall.

(Ord. No. 2016-01, § 5, 5-5-2015)

Sec. 44-462. - Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 2016-01, § 5, 5-5-2015)

Sec. 44-463. - Abrogation and greater restrictions.

This division is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this division, and an easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 2016-01, § 5, 5-5-2015)

Sec. 44-464. - Interpretation.

In the interpretation and application of this division, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the City; and

(3)

Deemed neither to limit nor repeal any other powers granted under State statutes.

(Ord. No. 2016-01, § 5, 5-5-2015)