For purposes of this chapter, the definitions for the following terms shall apply:
"Alternative transportation mode"
means any mode of travel that serves as an alternative to the single occupant vehicle. This includes all forms of ride-sharing such as carpooling or vanpooling, as well as public transit, bicycling or walking.
"Applicable development"
means any development project that is determined to meet or exceed the employment threshold using the criteria contained in Section 18.20.040 of this chapter.
"Developer"
means the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing provisions of this chapter as determined by the property owner.
"Employee"
means any person employed by a firm, person(s), business, educational institution, non-profit agency or corporation, government agency or other entity which employs two hundred fifty or more persons at a single worksite.
"Employer"
means any person(s), firm, business, educational institution, government agency, non-profit agency or corporation, or other entity which employs two hundred fifty or more persons at a single worksite, and may either be a property owner or tenant of an applicable development project.
"Employment generation factors"
refers to factors developed for use by the jurisdiction for projecting the potential employment of any proposed development project.
"Facility(s)"
means the total of all buildings, structures and grounds that encompass a worksite, at either single or multiple locations, and that comprises or is associated with an applicable development project.
"Level of service (LOS)"
means a measure of the operational quality of a road or intersection ranging from LOS A (best) to LOS F (worst). As required by CMP legislation, the LOS standard for the CMP Highway System must be at "E" or at the existing LOS, whichever is further from LOS "A," for any intersection or roadway segment.
"Mixed-use development"
means new development projects that combine any one of these land uses with another: residential, office, commercial, light industrial, and business park.
"New development project"
means any nonresidential project being processed where some level of discretionary action by a decision-making body is required.
"Peak period"
means those hours of the business day between six a.m. and ten a.m. inclusive, Monday through Friday.
"Property owner"
means the legal owner of the applicable development project who serves as the 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.
"Site development plan/permit"
means plan approval/planned unit development precise plan that is subject to public hearing before the planning commission and/or city council as more fully described in Chapters 18.46 and 18.52 of the La Habra Zoning Code.
"Tenant"
means the lessee of facility space at an applicable development project who also serves as an employer. A tenant may be responsible for implementing the provisions of this chapter as determined by the property owner.
"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 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 vehicle commutes to other than the peak-period.
"Worksite"
means a building, or group of buildings, located within the jurisdiction which are in actual physical contact or separated solely by a private or public roadway or other private or public right-of-way, and which are owned or operated by the same employer (or by employers under common control).
(Ord. 1719 § 1, 2010)
This chapter is intended to meet the requirements of California Government Code Section 65089(b)(3) which requires development of a trip reduction and travel demand element to the CMP.
(Ord. 1719 § 1, 2010)
New commercial, industrial, and mixed-use development including employment centers of two hundred fifty persons or more, may adversely impact existing transportation and parking facilities, resulting in increased motor vehicle emissions, deteriorating levels of service, and possibly significant additional capital expenditures to augment and improve the existing transportation system. To more efficiently utilize the existing and planned transportation system and to reduce vehicle emissions, it is the policy of the city to:
A. 
Reduce the number of peak-period vehicle trips generated in association with additional development;
B. 
Promote and encourage the use of alternative transportation modes such as ridesharing, carpools, vanpools, public bus and rail transit, bicycles and walking, as well as those facilities that support such modes;
C. 
Achieve related reductions in vehicle trips, traffic congestion, and public expenditure, and achieve air quality improvements through utilization of existing local mechanisms and procedures for project review and permit processing;
D. 
Promote coordinated implementation of strategies on a countywide basis to reduce transportation demand; and
E. 
Achieve the most efficient use of local resources through coordinated and consistent regional and/or local TDM programs.
(Ord. 1719 § 1, 2010)
A. 
This chapter shall apply to all new development projects that are estimated to employ a total of two hundred fifty or more persons and substantial building expansions that increase employment to two hundred fifty or more persons as determined by the methodology in subsection B of this section.
B. 
For purposes of determining whether a new development project or substantial building expansion is subject to this chapter, the total employment figure will be determined as follows:
1. 
Employment projections developed by the project applicant, subject to approval by the city; or
2. 
Employment projections developed by the city using the following employee generation factors by type of use.
Table 18.20.040.B.2
Land Use Category
Gross Square Foot/Employee
Limited commercial
500
Commercial
500
commercial shopping center
500
General commercial
500
Office/professional
250
Light manufacturing
525
Hotel/motel
0.8-1.2/room
The employment projection for a development of mixed 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. 1719 § 1, 2010)
All applicable developments shall be subject to the facility standards as specified in this section and shall have included in their project site development plan provisions to provide the improvements identified in either Option "A" or Option "B":
A. 
Option "A" Facility Improvements.
1. 
Preferential Parking for Carpool Vehicles.
a. 
At least fifteen percent of the employee parking spaces shall be reserved and designated for carpool vehicles by marking such spaces "carpool only."
b. 
Carpool spaces shall be used only by carpool vehicles in which at least two of the persons riding to the worksite will be or are employees or tenants of the proposed projects, or where a reciprocal preferential carpool parking agreement with other developments has been established.
c. 
Such carpool spaces shall be located near the building's employee entrance(s) or at other preferential locations within the employee parking areas as approved by the community development director or his/her designee.
d. 
The total number of employee parking spaces shall be determined by using the following factor by type of use:
Table 18.20.050.A.1.d
Type of Use
Percent of Total Parking Devoted to Employee
Commercial: Regional, Community, Neighborhood
30%
Office/Professional
85%
Industrial
90%
Hotel
Case by Case
2. 
Bicycle Parking and Shower Facilities.
a. 
Bicycle parking and locker facilities shall be provided in a secure location for use by employees or tenants who commute to the work site by bicycle. The number of facilities/racks to be provided shall be at the rate of at least five racks for every one hundred employees or fraction thereof.
b. 
A minimum of two shower facilities shall be provided, one each for men and women.
3. 
Information on Transportation Alternatives.
a. 
A commuter information area shall be provided at the worksite that offers employees appropriate information on available transportation alternatives to the single-occupancy vehicle.
b. 
Information in the area shall include, but not be limited to, the following:
1. 
Current maps, routes and schedules for public transit;
2. 
Ridesharing match lists;
3. 
Available employee incentives;
4. 
Rideshare promotion material supplied by commuter-oriented organizations.
4. 
Rideshare Vehicle Loading Areas.
a. 
The need for, design, and location of passenger loading areas to embark and disembark passengers from rideshare vehicles shall be approved by the community development director or his/her designee.
b. 
Passenger loading areas shall be of a size large enough to accommodate the number of waiting vehicles equivalent to the rate of at least five spaces per every one hundred of the required parking spaces for the project.
c. 
The passenger loading areas shall be located as close as is practical to the building's employee entrance(s), and should be designed in a manner that does not impede vehicular circulation in the parking area.
5. 
Vanpool Vehicle Accessibility.
a. 
The design of all parking facilities shall incorporate provisions for access and parking of vanpool vehicles.
b. 
Where applicable, vanpool vehicle accessibility shall include a minimum seven feet and two inches vertical clearance for those parking spaces and ramps to be used by such vehicles.
c. 
Vanpool parking spaces shall be located near the building's employee entrance(s) or other preferential locations as approved by the community development director or his/her designee.
d. 
The number of accessible vanpool parking spaces shall be at the rate of at least two spaces per every one hundred of the total required employee parking spaces as determined in subsection A.1.
6. 
Bus Stop Improvements.
a. 
Bus stop improvements including bus pull-outs, bus pads, and right-of-way for bus shelters shall be required for all applicable developments located along high traffic volume streets and established bus routes.
b. 
Bus stop improvements shall be determined in conformance with standard traffic engineering principles including, but not limited to, the following:
1. 
The frequency and relative impact of blocked traffic due to stopped buses;
2. 
The level of transit ridership at the location.
B. 
Option "B" Facility Improvements.
1. 
A percentage of parking spaces, located as close as is practical to the entrance(s) of the use they are intended to serve, shall be reserved for use of carpool and vanpool vehicles, as determined by the city planning commission for the proposed use;
2. 
Secure, adequate and convenient storage shall be provided for bicycles;
3. 
Bus bays, bus stops and bus shelters shall be provided adjacent to roads and streets traversing or bounding the development, as determined by the city;
4. 
Transportation information center shall be provided within each building of over twenty-five thousand gross square feet;
5. 
A shower and locker room facility for employees of each sex shall be provided for each building of one hundred thousand or more gross square feet. For any development containing one hundred thousand or more total combined gross square feet, but which does not contain any single building of one hundred thousand or more gross feet, the city planning commission may elect, at its discretion, to approve a requirement on such development to provide shower and locker room facilities; and
6. 
Sidewalks or other paved pathways following direct and safe routes from the external pedestrian circulation system to each building in the development shall be provided.
(Ord. 1719 § 1, 2010)
For the purpose of determining whether applicable developments are complying with the provisions of this chapter, the city shall monitor such compliance in a manner it deems appropriate and reasonable. Monitoring mechanisms may include, but not be limited to, the following to verify compliance with the facility standards required under Section 18.20.050:
A. 
Utilizing procedures for site development plan review, as appropriate;
B. 
Conducting field/site inspections;
C. 
Requiring all facility standards required by this section to be completed prior to issuance of building occupancy permits; and
D. 
Requiring other building site reports/surveys which the city may deem appropriate.
(Ord. 1719 § 1, 2010)
A. 
For purposes of ensuring that applicable developments comply with the provisions of this chapter, city shall, following written notice to subject property owner or designee (employer), initiate enforcement action(s) which may include, but are not limited to, the following to enforce compliance with the facility standards under Section 18.20.050:
1. 
Withhold issuance of a building permit or certificate of use and occupancy; and
2. 
Issuance of stop work order(s).
B. 
The facility standards under Section 18.20.050 shall include provisions to guarantee perpetual compliance regardless of changes in property/ownership through recorded codes, covenants and restrictions (CC&Rs), or by other means approved by the planning commission or community development director as appropriate.
(Ord. 1719 § 1, 2010)
A. 
For purposes of meeting its obligations under this chapter, the city shall impose the following fees:
1. 
A trip reduction/TDM strategy plan with mandatory standards review fee of one hundred sixtynine dollars at the time of initial project application; and
2. 
A trip reduction/TDM strategy plan with variable standards/alternative measures plan review fee of five hundred fourteen dollars at the time of initial project application.
B. 
These shall be fixed fees charged to all applicable developments for purposes of defraying the costs of processing and reviewing the trip reduction/TDM strategy plan.
(Ord. 1719 § 1, 2010)
A. 
An appeal may be made to the city council by the property owner(s), tenant(s) or designee(s) of any applicable development regarding decisions, actions or lack thereof, on the part of the city pursuant to Chapter 18.20 within ten working days from the date of the decision, action or lack thereof, by the planning commission or community development direction. Such appeal shall be filed with the city clerk and shall be accompanied by a letter stating the reasons for the appeal.
B. 
Consideration of the appeal shall be at a public hearing, notice of which shall be given pursuant to California Code Sections 65091 and 65905 and which hearing shall occur within thirty days of the filing of the appeal.
C. 
The city council action on the appeal shall be by a majority vote of the members present and upon conclusion of the de novo public hearing, the city council shall grant, conditionally grant or deny the appeal.
D. 
In reaching a decision, the city council shall not be bound by the formal rules of evidence.
E. 
The city council's decision shall be final and conclusive and shall be rendered in writing within two days of the hearing. Notice of the decision and findings shall be given to the person appealing and shall include citation to California Code of Civil Procedure Section 1094.6. The time for a court challenge to a decision of the city council is governed by California Code of Civil Procedure Section 1094.6.
(Ord. 1719 § 1, 2010)