This Chapter is intended to protect the public health, safety,
and welfare by reducing air pollution caused by vehicle trips and
vehicle miles traveled. This Chapter is intended to accomplish emission
reductions by meeting requirements of Government Code Section 65089(b)(3)
which require development of a trip reduction and travel demand element
to the Congestion Management Plan (CMP), and Section 65089.3(b) which
requires adoption and implementation of trip reduction and travel
demand ordinances by local agencies.
(Ord. 747 § 4, 2022)
means any mode of travel that serves as an alternative to
the single occupancy vehicle, including, without limitation, public
transit, bicycling, walking, and all forms of ridesharing such as
carpooling and vanpooling.
means any project that is determined to meet or exceed the
employment threshold using the criteria contained in this Chapter.
An applicable development also includes developments which are owned
and/or managed as one unit, such as a business park or shopping center,
that also meet or exceed the employment threshold.
means any capital improvements which would benefit employees
who ride a bicycle to their work site, including shower facilities,
locker facilities, bicycle parking, etc.
means a development or facility space of a lessee which has
altered its initial use to another use not related to the previous
one. (Example: office space changes to commercial space.)
means the builder who is responsible for the planning, design,
and construction of an applicable development project. A developer
may be responsible for implementing this Chapter as determined by
the property owner.
means any person employed by a person(s), firm, business,
educational institution, non-profit agency, corporation, government
agency, or other entity, which employs one hundred (100) or more persons
at a single work site.
means any person(s), firm, business, educational institution,
non-profit agency, corporation, government agency, or other entity,
which employs one hundred (100) or more persons at a single work site,
and may either be a property owner or tenant of an applicable development.
refers to factors developed for use by the jurisdiction for
protecting the potential employment of any proposed development project.
refers to the number of employees which an applicable development
must have for the requirements of this Chapter to be applicable to
that employer.
means the minimum changes made to establish a transportation
demand management and trip reduction plan at an applicable development
project to a level which satisfies this Chapter.
means new development projects that combine any land uses
one with another.
means any non-residential project being processed where some
level of discretionary action by a decision making body is required.
means those hours of the business day between 7:00 a.m. and
9:00 p.m. inclusive, Monday through Friday, which TDM program strategies
identify as the priority period for reducing work related vehicle
trips.
means the legal owner of the applicable development.
means any capital improvements which would benefit an employee
who rideshares to the work site, including on-site amenities, preferential
parking, and rideshare drop-off areas at the entrance of the work
site.
means a precise plan of development that may be subject to
public hearing before the Planning Commission. The following applications
shall for the purpose of this Chapter constitute a "site development
plan":
means any capital improvements which would benefit an employee
who uses any form of transit to travel to the work site, including
transit stops, shelters, bus turnouts, park and ride lots, and other
transit amenities.
means a voluntary entity of employers, property owners, and
other interested parties who share a mutual concern for local transportation
problems. TMAs have the ability to collectively pool participants'
resources to address these issues. A TMA must still meet a ten percent
(10%) reduction in work related trips for each individual applicable
new development.
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
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 peak period.
means a building or grouping of buildings located within
the City which may physically contact or be separated solely by a
private or public roadway or other private right-of-way, and which
are owned or operated by the same employer (or by employers under
common control).
(Ord. 747 § 4, 2022)
(a)
Criteria for Consideration as an Applicable Development. A project
shall be considered an Applicable Development subject to this Chapter
if it meets one or more of the following criteria:
(1)
All New Development Projects and/or Change of Use projects that are
estimated to employ a total of one hundred (100) or more persons as
determined by the methodology outlined in subsection (b);
(2)
Any expansion or revision to a pre-existing Conditional Use Permit
where:
(i)
The expansion or revision is estimated to employ a total of one hundred
(100) or more persons as determined by the methodology in subsection
(c), or
(ii)
Where the expansion or revision is expected to employ fewer
than one hundred (100) persons and the existing development currently
employs a total of one hundred (100) or more persons, or
(iii)
Other proposed development projects expected to meet the employment
threshold as required by the Community Development Director.
(b)
For purposes of determining whether a new development project or
change of use project is subject to this Chapter, the total employment
figure shall be determined as follows:
(1)
Employment projections developed by the project applicant, subject
to approval by the Community Development Director; or
(2)
Employment projections developed by the Community Development Director
using the following employee generation factors by type of use:
|
LAND USE
|
GROSS SQ. FT. PER EMPLOYEE
|
|---|---|
|
Retail/Commercial
|
500
|
|
Office/Professional
|
250
|
|
Industrial/Manufacturing
|
525
|
|
Hotel/Motel
|
0.8—1.2 employees/room
|
|
Hospital
|
300
|
The employment projection for a mixed-use development
or multiple uses shall be calculated on a case-by-case basis based
upon the proportion of development devoted to each type of use.
(Ord. 747 § 4, 2022)
Notwithstanding any other provisions, the following uses and
activities shall be specifically exempt from this Chapter:
(a)
New development projects expected to employ fewer than one hundred
(100) persons.
(b)
Temporary construction activities on any affected project, including
activities performed by engineers, architects, contract subcontractors
and construction workers.
(c)
Other temporary activities, as defined in the City Zoning Code, or
as authorized by the Community Development Director when such activities
shall discontinue at the end of the designated time period.
(d)
Minor modifications, revisions or amendments to a pre-existing Conditional
Use Permit involving, but not limited to, architectural, landscaping,
signage or accessory amenities or other such modifications as determined
by the Community Development Director.
(e)
A residential project or residential component of a mixed-use development
or Conditional Use Permit.
(Ord. 747 § 4, 2022)
(a)
Submission of a Transportation Demand Management Program. All applicable
development projects, which are owned and managed as one unit, shall
submit a Transportation Demand Management Program prepared by a traffic
engineer, transportation planner, or other qualified professional
identifying traffic impacts associated with a proposed project and
including design recommendations and mitigation measures, as appropriate,
to address on- and off-site project impacts. The TDM program shall
implement a trip reduction plan to reduce work-related peak period
vehicle trips by ten percent (10%) from the expected number of trips
related to the project or work site (as indicated in the most recent
edition of the Institute of Transportation Engineers (ITE) Trip Generation
handbook. The TDM program shall also indicate specific strategies
and guidelines to reduce the amount of trips and increase the amount
of non-vehicular transportation.
(b)
Required Capital Improvement Standards. All developers of applicable
new development projects and/or change of use shall be subject to
required capital improvement standards as specified in this Section.
All standards must be addressed to determine if they are applicable
to the development. These required standards may be used to achieve
the mandatory reduction of ten percent (10%) in the expected number
of trips related to the project. Developers of all applicable developments
shall include in their project site development plan provisions to
address each of the following capital improvements: (1) transit facilities
(on and off site); (2) bicycle facilities; and (3) rideshare facilities.
(c)
Operational Standards. Operational standards are standards to which
employers, TMAs, or a managing office of a development administered
as one unit are subject, in order to achieve the mandatory ten percent
(10%) reduction in trips related to the project. These standards must
be established sixty (60) days after occupancy of the development
by an employer.
(d)
Allowable Options for Developer's TDM program. The following
options may be included in the developer's TDM program to fulfill
both the capital improvement standards and the operational standards:
(1)
Incorporate alternate work schedules and flex-time programs (such
as a 9/80 or 4/40 work schedule);
(2)
Establish telecommuting or work at home programs to allow employees
to work at home or at a satellite work center;
(3)
Provide bicycle parking facilities equal to five percent (5%) of
the total required automobile parking spaces, and preserve two percent
(2%) of the gross floor area for employee locker and shower facilities;
(4)
Provide affordable on-site housing and shuttles to and from residential
and work areas;
(5)
Preferential parking for carpool vehicles;
(6)
Information Center for Transportation Alternatives;
(7)
Rideshare vehicle loading areas;
(8)
Vanpool vehicle accessibility;
(9)
Bus stop improvements;
(10)
On-site child care facilities;
(11)
Availability of electrical outlets for recharging of electric vehicles;
(12)
On-site amenities such as cafeterias and restaurants, automated teller
machines, and other services that would eliminate the need for additional
trips;
(13)
Airport shuttle service to hotels and spas;
(14)
Contributions to funds providing regional facilities such as park
and ride lots, multi-modal transportation centers, and transit alternatives
in the area;
(15)
Incentives for mass transit usage including provision of a bus pass,
additional pay, flex-time or others;
(16)
Implementation of increased parking fees or new fees;
(17)
Restriction of business hours;
(18)
Restriction of delivery hours;
(19)
Provide a direct pedestrian path from the closest transit stop to
the facility;
(20)
Contribute up to one dollar ($1.00)/square foot to a housing subsidy
fund so that affordable housing can be created closer to employer
sites;
(21)
Develop rideshare and shuttle programs at resorts/hotels;
(22)
Create a golf cart circulation system;
(23)
If an applicable development is on a current transit route, provide
a transit stop, shelter, trash barrels, benches, shade and wind protection,
and bus turnouts;
(24)
If an applicable development is not located on a current transit
route, contribute to a fund which will be used to provide transit
amenities;
(25)
If an applicable development is located on a major arterial, subparagraphs
23 and 24 shall be considered;
(26)
Provisions for the implementation of bicycle lanes; and
(27)
Provide other creative or innovative strategies to reduce trips.
(Ord. 747 § 4, 2022)
(a)
Period for Determination of Completeness of Application by Community
Development Director. No later than thirty (30) days after the Community
Development Director has received a complete application for a Transportation
Demand Management Review, the Community Development Director or designee
shall determine, in writing, whether the submitted application materials
are complete and shall immediately transmit such determination to
the applicant. Upon the receipt of any additional application materials,
a new thirty (30) day time period shall begin during which time the
Community Development Director is to determine the completeness of
the application.
(b)
Period for Appeal for Incomplete Application. If the application,
together with these submitted materials, is determined not to be complete,
the applicant may appeal the decision to require additional information
to the Planning Commission. If the final written determination on
the appeal is not made within sixty (60) days, the application with
the submitted materials shall be deemed complete.
(c)
Extension of Time Limits. The Community Development Director and
the applicant may mutually agree to a reasonable extension of these
time limits, not to exceed ninety (90) days.
(d)
Enabling Applications. Applications which depend on approval of another
enabling application (e.g., Conditional Use Permit), shall not be
considered accepted until the effective decision date for the enabling
application(s). Such dependent applications may, however, be accepted
for preapplication review to allow concurrent processing and thereby
streamline the review process.
(e)
Final Approval of the TDM Application. Once the application has been
deemed complete, the Community Development Director shall consider
the matter and approve, deny, or approve in modified form the TDM
application.
(Ord. 747 § 4, 2022)
(a)
TDM Application Forms. A request for TDM approval shall be made through
application forms provided by the Planning Department. The application
for such TDM approval shall be filed concurrently with any application
for all Applicable Development projects or other projects as required
by the Community Development Director.
(b)
Processing Fee. A processing fee shall be paid at the time the completed application is filed with the Planning Department. The fee shall be as stated in Section 16.50.090.
(c)
Supplemental Information. A TDM application form shall be supplemented
by plans and other pertinent information to adequately address all
applicable aspects of a proposal.
(d)
Review and Recommendations by Community Development Director. Community
Development Director shall review applications and arrive at recommendations
or approvals as appropriate, by considering aspects of conformance
with this Chapter.
(Ord. 747 § 4, 2022)
(a)
Deadline for Annual Renewal. On January 1st of each year, the applicable
development (developer, owner, employer, or managing office) who is
responsible for implementing an approved TDM shall make application
to the Community Development Director for the annual renewal of its
TDM program.
(b)
Criteria for Renewal. The Community Development Director shall, within
thirty (30) days of receipt of an application, determine in writing,
approval of the renewal of a TDM program if the TDM program is reducing
work related trips by ten percent (10%), or denial of a renewal due
to non-compliance with this Chapter.
(c)
Recourse When Renewal Application is Denied. If a TDM program is
not renewed, an updated TDM program shall be submitted by the applicable
development (developer, owner, employer, or managing office) within
thirty (30) days from date of notification of the denial of renewal.
Upon receipt of a complete submittal of an updated TDM program, the
Community Development Director shall approve or deny the application
within thirty (30) days, or forward the application to the Planning
Commission which shall hold at least one (1) public hearing and shall
approve, deny, or approve in modified form, the updated TDM program.
(d)
Complaints of Non-Compliance. The Community Development Director
shall review any approved TDM program for compliance if complaints
about a TDM program and its non-compliance are reported to the City.
Community Development Director shall, no later than thirty (30) days
after receiving a complaint, review said application and shall either
affirm, modify, or require an updated TDM program be submitted, as
appropriate, by considering aspects of conformance with this Chapter.
(Ord. 747 § 4, 2022)
For the purposes of meeting its obligations under this Chapter,
the following fees are deemed necessary to review and monitor TDM
programs and shall be imposed on the subject property owner.
(a)
Trip Reduction/TDM Program Review Fee. A trip reduction/TDM program
review fee due at the time of initial project application submission
to the Planning Department.
(b)
Trip Reduction/TDM Program Review for Compliance Fee. A trip reduction/TDM
program renewal/review for compliance fee due at the time of initial
review by the Community Development Director.
(c)
Late Submittal Fee. If an annual renewal application is not timely
submitted, a late submittal fee shall be required.
|
The City Council, by resolution, shall establish the amount
of the above fees in accordance with applicable law.
|
(Ord. 747 § 4, 2022)
(a)
Enforcement Actions. For the purposes of ensuring that applicable
developments comply with the provisions of this Chapter, the Community
Development Director may, following written notice to subject property
owner(s), initiate enforcement action(s) against such property owner(s)
or designee(s), which enforcement action may include, but not be limited
to, the following:
(b)
Other Legal Actions for Violations. In addition to any other remedies
for violation of the Municipal Code in force, the City may bring and
maintain any action permitted by law to restrain, correct, or abate
any violation of this Chapter, and in the event that legal action
is brought by the City, reasonable attorney's fees and court
costs shall be awarded to the City and shall constitute a debt owed
by the violator to the City. The City may place a lien on the affected
property in the event any debts so incurred are not timely paid.
(Ord. 747 § 4, 2022)
(a)
Application. Decisions made by the Community Development Director
may be appealed by an applicant, property owner(s), or designee(s)
of any applicable development to the Planning Commission by an application
in writing to the Clerk of the Planning Commission within fifteen
(15) days from the date of notification of decision.
(b)
Public Hearing. The Planning Commission shall hold at least one (1)
public hearing and consider the matter and affirm, reverse, or modify
the Community Development Director's decision within sixty (60)
days of the submittal of a complete appeal application. The decision
of the Planning Commission may be appealed to the City Council, in
accordance with the requirements of Zoning Code Section 21.100.110.
(Ord. 747 § 4, 2022)
