The provisions of this chapter shall apply to all development
projects as follows:
A.
Any
new or expansion of commercial, industrial, institutional, or other
use that is expected to employ 250 or more persons, as determined
by improvement plans or by the employee generation factors as provided
by City Council resolution.
B.
Any existing facility or development for which owner/tenant submits an improvement plan to the City, and after such improvement will be expected to employ 250 or more persons, determined by the procedures used in subsection A of this section.
C.
Exempt
Projects. Notwithstanding any other provisions of this Code, the following
uses and activities shall be specifically exempt from the provisions
of this chapter:
1.
Development
projects projected to employ fewer than 250 persons.
2.
Temporary
construction activities on any affected project, including activities
performed by engineers, architects, subcontractors, and construction
workers.
3.
Other
temporary activities, as defined in the City's current Land Use Code,
or as authorized by the Planning Commission, when such temporary activities
are for a period not to exceed 30 days and held no more than once
a year.
(2180, 1991; 2574 § 1, 2002; 2804 § 1, 2011)
For purposes of this chapter the following definitions shall
apply:
means any nonresidential or mixed-use project being processed
where discretionary action by the City is required. (Note: Projects
covered by development agreements are not exempt from the Transportation
Demand Management (TDM) requirements of the Congestion Management
Process (CMP).)
means any person employed by a firm, person(s), business,
educational institution, non-profit agency or corporation, government
agency, or other entity at a single worksite. "Employee" shall include
persons employed on a full-time, part-time, or temporary basis.
means any person(s), firm, business, educational institution,
government agency, non-profit agency or corporation, or other entity
that employs or houses tenants that collectively employ 100 or more
employees at a single worksite within the City on a full and/or part-time/temporary
basis, and may either be a property owner or tenant of an applicable
development project.
means the plans submitted to the City as part of an application
for a building permit for the enlargement or expansion of new, existing,
or change of use of any nonresidential building or use that either
increases the total of employees to a minimum of 250 or adds employees
in increments of 250.
means new development projects that integrate any one of
these land uses with another: residential, office, commercial, industrial,
and business park.
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 chapter
either directly or by delegating such responsibility as appropriate
to an employer or tenant.
means the lessee of facility space at an applicable development
project who may also serve as an employer.
means the implementation of programs, plans, or policies
designed to encourage changes in individual travel behavior. TDM can
include an emphasis on alternative travel modes to the single occupant
vehicle (SOV) such as carpools, vanpools, and transit; reduction or
elimination of the number of vehicle trips, or shifts in the time
of vehicle commutes to other than the peak period.
means reducing the number of work related trips taken during
peak-period hours in single-occupant vehicles.
means a building or group of buildings located within the
City that is in actual physical contact or separated solely by a private
or public roadway or other private or public right-of-way, and that
are 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.
(2180, 1991; 2574 § 1, 2002; 2804 § 1, 2011)
The City shall adopt standards by resolution, and these standards
shall comply with the appropriate laws and regulations as required
by State and local law.
(2180, 1991; 2804 § 1, 2011)
The provisions of this chapter shall supersede other codes or
ordinances of the City, should there be a conflict with all or part
of this chapter.
(2180, 1991; 2804 § 1, 2011)
All rights of appeal to the provisions of this chapter shall be as set forth in the appeals process established under the Land Use Code set forth in Title 9 of this Code or its subsequent amendments. For all projects not regulated by Title 9, the applicant may appeal to the City Manager.
(2180, 1991; 2804 § 1, 2011)
