(a) 
State law establishing requirements for development of a county-wide congestion management program (AB 1791) mandates the inclusion of a trip reduction and travel demand element ordinance.
(b) 
Proposition 111 was approved in June 1990 which caused AB 1791 to become effective and made available financial support through receipts of gas tax subventions.
(c) 
Measure M was approved by Orange County voters in November 1990 which requires adoption of an ordinance which reduces single-occupancy vehicle trips and also makes available additional sales tax revenues to help alleviate existing and future traffic congestion.
(d) 
Other transportation demand management (TDM) program requirements have been adopted for the region including rule 2202 and appendix IV-B Transportation Control Measures of the air quality management plan (AQMP).
(e) 
Generally, increased traffic congestion contributes to significant deterioration in air quality; increases the inefficient use of energy resources; and adversely impacts public and private sector economics due to reduced productivity of the work force.
(f) 
Various efforts underway, including the congestion management program (CMP), recognize and encourage the use of transportation demand management (TDM) strategies to increase mobility and improve the general efficiency of the transportation system by enhancing vehicle flow and shifting demand on existing transportation facilities.
(g) 
Implementation of TDM strategies at the local government level would provide significant public benefits by improving air qualities; enhancing the effectiveness of the existing transportation system; and reducing energy requirements.
(h) 
Coordinated TDM efforts among all local jurisdiction in the county can contribute to air quality improvements; energy conservation, and decreases in the levels of noise and traffic congestion.
(i) 
New development projects should be required to provide facilities to encourage transportation alternatives such as ridesharing, transit and bicycling.
(Ord. No. 864, § 1, 4-22-91; Ord. No. 1027, 7-8-02)
(a) 
Purposes. In recognition of these findings and determinations, the city does hereby establish transportation demand management requirements for specified new development projects for the following purpose:
(1) 
To meet the requirements of AB 1791, Government Section 65089 (b)(3), which requires development of a trip reduction and travel demand element to the CMP, and Government Section 65089.3(b), which requires adoption and implementation of trip reduction and travel demand ordinance.
(2) 
(Reserved)
(Ord. No. 864, § 1, 4-22-91)
(a) 
Goal. The goal of the transportation demand management program is to minimize the potential impact of new commercial, industrial, and mixed-use development including employment centers of 250 persons upon 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.
(b) 
Objectives. The specific objectives of the transportation demand management program are:
(1) 
To more efficiently utilize the existing and planned transportation system and to reduce vehicle emissions;
(2) 
To reduce the number of peak-period vehicle trips generated in association with additional development;
(3) 
To 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;
(4) 
To 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;
(5) 
To promote coordinated implementation of strategies on a county-wide basis to reduce transportation demand;
(6) 
To achieve the most effective use of local resources through coordinated and consistent regional and/or local TDM programs.
(Ord. No. 864, § 1, 4-22-91; Ord. No. 1027, 7-8-02)
Unless the context shall require otherwise, the definitions set forth in this section shall apply to the follow-ing terms as used in this article:
"Alternative transportation modes"
shall mean 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 development"
shall mean any new development project that is determined to meet or exceed the employment threshold using the employee generation criteria contained in this article.
"Carpool"
shall mean a motor vehicle occupied by two to six employees traveling together.
"Building size"
shall mean the total gross floor area measured in square feet of a building or group of buildings at a worksite. Building size includes the total floor area of both new development and existing facilities.
"Employee"
shall mean any person employed by a firm, person(s), business, educational institution, non-profit agency or corporation, government agency or other entity which employs 250 or more persons at a single worksite.
"Employment generation factors"
shall mean factors developed for use by the city for projecting the potential employment of any proposed development project.
"Employer"
means any person(s) firm, business, educational institution, government agency, non profit agency or corporation, or other entity which employs 250 or more persons at a single worksite and may either be a property owner or tenant of an applicable development project.
"Facility(s)"
means the total of all buildings, structures and grounds that encompass a worksite, at either single or multiple locations, 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).
"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 6:00 a.m. and 10:00 a.m., Monday through Friday.
"Property owner"
shall mean the legal owner of the applicable development project who serves as the lessor to an employer or tenant.
"Single-occupant vehicle"
shall mean a motor vehicle including motorcycles and other two-wheeled, motorized vehicles, when occupied by one employee for commute purposes.
"Tenant"
shall mean the lessee of facility space at an applicable development project who also serves as an employer.
"Transportation demand management (TDM)"
shall mean 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, bicycling, walking, 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.
"Trip reduction"
shall mean reducing the number of work related trips taken between 6:00 a.m. and 10:00 a.m. inclusive Monday through Friday in single-occupancy vehicles.
"Worksite"
shall mean a building or group of buildings 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 employers under common control).
"Vanpool"
shall mean a vehicle occupied by seven or more persons traveling together.
(Ord. No. 864, § 1, 4-22-91; Ord. No. 1027, 7-8-02)
(a) 
All new development projects, commercial, industrial, institutional, or other uses which are determined to employ 250 or more persons including any permit for expanding or changing the use of existing facilities that already have 250 or more employees or will have 250 or more employees as determined by the employee generation factors specified under this section shall be subject to this section.
(b) 
Employee generation factors shall be based on one of the following:
(1) 
Employment projections developed by the project applicant, subject to approval by the City of Cypress; or,
(2) 
Building sizes shall be considered equivalent to the 250 employee threshold as follows:
Type of Use
Gross Sq. Feet/Employee
Commercial
 
—Regional
500
—Community
500
—Neighborhood
500
—Office/professional
250
—Industrial (excluding warehouses)
525
—Warehouse
1000
—Hotel
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. No. 864, § 1, 4-22-91; Ord. No. 1027, 7-8-02)
All applicable developments shall be subject to the Facility Standards as specified in this Section and shall include in the project Site Development Plans a provision to provide each of the improvements identified in either Option A or Option B below.
(a) 
Option A, mandatory facility improvements.
(1) 
Preferential parking for carpool vehicles.
a. 
At least 15% 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 will be employees or tenants of the proposed project, 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 city manager or designee.
d. 
The total number of employee parking spaces shall be determined by using the following factors by type of use as specified in the city building code:
Type of Use
Percent of Total Parking Devoted to Employee Parking
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 site by bicycle. The number of facilities/racks to be provided shall be at the rate of at least five racks for every 100 employees or fraction thereof.
b. 
Shower and locker room facility for employees of each sex shall be provided in each building housing 250 or more employees. Shower and locker room facilities shall be located in a common accessible location for integrated developments as approved by the design review committee.
(3) 
Information on transportation alternatives.
a. 
A commuter information area shall be provided that offers employees appropriate information on available transportation alternatives to the single-occupancy vehicle. This area shall be centrally located and accessible to all employees or tenants.
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. 
Ridesharing promotional 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 reviewed by the design review committee.
b. 
Passenger loading areas shall be of a size large enough to accommodate the demands generated by the development as determined by the design review committee.
c. 
The passenger loading areas shall be located as close as possible 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 where such mode of alternative transportation is possible as determined by the design review committee.
b. 
Where applicable, vanpool vehicle accessibility shall include a minimum seven feet, two inch 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 design review committee.
d. 
The number of accessible vanpool parking spaces shall be at the rate of at least two spaces per every 100 of the total required employee parking spaces as determined in section 16-105(a)(1) above.
(6) 
Bus stop improvements.
a. 
Bus stop improvements including bus pullouts, 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 discretionary facility improvements. Proponents of a new development, building expansion or change in use which meets the criteria of this article may propose alternative measures or variables of the mandatory standards of Option A to be approved by the city council. Such alternatives must meet the intent of this article and provide an equal or similar result to Option A when implemented.
(Ord. No. 864, § 1, 4-22-91; Ord. No. 1027, 7-8-02)
For purposes of determining whether applicable developments are complying with the provisions of this article, the city shall monitor such compliance in a manner it deems appropriate and reasonable.
(a) 
Site development plan review.
(1) 
To verify compliance with the facility standards required under section 16-105, the city will utilize procedures for site development plan review and periodic field/site inspections, as appropriate.
(2) 
All facility standards required by this section shall be completed prior to issuance of building occupancy permits.
(3) 
The facility standards under section 16-105 shall include provisions to guarantee perpetual compliance regardless of changes in property/ownership through recorded conditions, covenants and restrictions, or by other means as approved by the city council or the design review committee as appropriate.
(b) 
(Reserved)
(Ord. No. 864, § 1, 4-22-91)
The property owner shall be responsible for complying with the provisions of this article, either directly or by delegating such responsibility to an employer or tenant.
(Ord. No. 864, § 1, 4-22-91)
For purposes of ensuring that applicable developments comply with the provisions of the facility standards of section 16-105, the city, following written notice to the subject property owner or designee (employer), shall initiate enforcement actions which may include, but not be limited to, the following:
(a) 
Withholding issuance of building permit; or, certificate of use and occupancy;
(b) 
Issuance of stop work order.
(Ord. No. 864, § 1, 4-22-91)
For purpose of meeting its obligations under this article, and to reasonably recover direct cost for review of required documents, the city shall impose the following fees:
(a) 
A trip reduction/TDM strategy plan with mandatory standards of Option A of the facility standards of section 16-105 review fee of $50 at the time of initial application; or
(b) 
A trip reduction/TDM strategy plan with variable standards/alternative measures of Option B of the facility standards of section 16-105 review fee of $160 at the time of initial project application.
(Ord. No. 864, § 1, 4-22-91)