This chapter is intended to protect the public health, welfare
and safety by reducing air pollution caused by vehicle trips and vehicle
miles traveled. This chapter is intended to accomplish emission reductions
by meeting requirements of California Government Code Section 65089.3(b)
which requires adoption and implementation of a trip reduction and
travel demand ordinance by local agencies.
(Ord. 1421 § 1, 1992)
The following words and terms used in this division shall have
the meanings indicated below:
"Alternative transportation modes"
means any mode of travel that serves as an alternative to
the singleoccupant vehicle. This can include all forms of ridesharing
such as carpooling or vanpooling, as well as public transit, people
movers, bicycling or walking.
"Applicable development"
means any new development 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.
"Bicycle facilities"
means any capital improvements which would benefit an employee
who rides a bicycle to their worksite, including shower facilities,
locker facilities, bicycle parking, etc.
"Change of use"
means a development or facility space of a lessee which has
altered its initial use to another use not related to the previous.
(Example: office space changes its use to commercial space.)
"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 this chapter as determined by
the property owner.
"Employee"
means any person employed by a firm, person(s), business,
educational institution, nonprofit agency or corporation, government
agency or other entity which employs one hundred or more persons at
a single worksite.
"Employment generation factors"
refers to factors developed for use by the jurisdiction for
projecting the potential employment of any proposed development project.
"Employer"
means any person(s), firm, business, educational institution,
government agency, nonprofit agency or corporation, or other entity
which employs one hundred or more persons at a single worksite, and
may either be a property owner or tenant of an applicable development
project.
"Employment threshold"
refers to the number of employees which an applicable development
must have for the TDM ordinance to be required of that employer.
"Minimum standards"
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.
"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 seven a.m.
and nine a.m. inclusive, Monday through Friday, which TDM strategies
such as this chapter identify as the priority period for reducing
work-related vehicle trips.
"Property owner"
means the legal owner of the applicable development and/or
its designee (i.e., developer)
"Rideshare facilities"
means any capital improvements which would benefit an employee
who rideshares to the worksite, including on-site amenities, preferential
parking, and rideshare drop-off areas at the entrance of the worksite.
"Site development plan/permit"
means a precise plan of development that may be approved
by the city for any development or change of use application that
requires a transportation demand management plan.
"Transit facilities"
means any capital improvements which would benefit an employee
who uses any form of transit to travel to the worksite, including
transit stops, shelters, bus turnouts, park-and-ride lots and other
transit amenities.
"Transportation management association" or "TMA"
means a voluntary entity of employers, property owners and
other interested parties who share a mutual concern for local transportation
problems. TMA's have the ability to collectively pool participants'
resources to address these issues. A TMA must still meet a ten percent
reduction in work-related trips for each individual applicable new
development.
"Transportation demand management" or "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
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.
"Worksite"
means a building or grouping of buildings located within
the jurisdiction which are in physical contact or are 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. 1421 § 1, 1992)
This chapter shall apply to all new development projects and/or
change of use projects that are estimated to employ a total of one
hundred or more persons as determined by the following methodology:
(1) For
purposes of determining whether a new development or change of use
project is subject to this chapter, the total employment figure will
be determined as follows:
(A) Employment projections developed by the project applicant, subject
to approval by the director of planning and zoning; or
(B) Employment projections developed by the director of planning and
zoning using the following employee generation factors by type of
use.
Land Use Category
|
Gross Square Feet/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 development of mixed
use or multiple uses shall be calculated on a case-bycase basis based
upon the proportion of development devoted to each type of use.
(Ord. 1421 § 1, 1992)
It shall be the responsibility of the planning director or the
director's designee to inform a transportation demand management applicant
as to the completeness of the application within 30 days of filing
the application. Once the application is accepted as complete, the
planning director shall either approve or deny the application within
60 days.
(Ord. 1421 § 1, 1992; Ord. 2031 § 11, 2020; Ord. 2088, 11/9/2023)
(a)
A request for TDM approval shall be made through application
forms provided by the planning department. The application for such
approval shall be filed with the planning department within 30 days
of the issuance of a certificate of occupancy.
(b)
A processing fee shall be paid at the time the completed application
is filed with the planning department. The fee shall be as adopted
by resolution of the city council.
(c)
An application for TDM review shall be supplemented by plans
and other pertinent information to adequately address all applicable
aspects of a proposal.
(d)
The planning department shall review applications and approve,
conditionally approve or deny the application and shall assure conformity
with the chapter.
(Ord. 1421 § 1, 1992; Ord. 2031 § 11, 2020; Ord. 2088, 11/9/2023)
For purposes of meeting its obligations under this chapter,
the city council of the city may by resolution set fees deemed necessary
to review and monitor TDM plans.
(Ord. 1421 § 1, 1992)
Notwithstanding any other provisions, the following uses and
activities shall be specifically exempt from this chapter:
(1) Development
projects which employ fewer than 100 persons;
(2) Temporary
construction activities on any affected project, including activities
performed by engineers, architects, contact subcontractors and construction
workers;
(3) Other
temporary activities, when such temporary activities shall discontinue
at the end of the designated time period;
(4) Employers
having a current Regulation XV Plan certified by the South Coast Air
Quality Management District, which meets the intent of this chapter.
(Ord. 1421 § 1, 1992)
For purposes of ensuring that applicable developments comply
with the provisions of this chapter, the city shall, following written
notice to subject property owner(s), initiate enforcement action(s)
against such property owner(s) or designee(s) which may include, but
not be limited to, the following:
(1) Withholding
issuance of a building permit or certificate of use and occupancy;
(2) Issuance
of a noncompliance infraction citation; and
(3) Issuance
of a stop work order;
(4) Any
other matter permitted by law.
(Ord. 1421 § 1, 1992)
An appeal may be made by the property owner(s) or designee(s) of any applicable development regarding decisions by the director of planning and zoning, to the city council pursuant to the provisions of Chapter
2.05 of the Palm Springs Municipal Code.
(Ord. 1421 § 1, 1992)