This chapter shall be known as the West Hollywood "Transportation Demand Management Ordinance."
(Ord. 18-1034 § 11, 2018)
Editor's Note: Prior ordinance history – Ord. 361 and prior code §§ 32100—32113.
The purpose of this chapter is to:
a.
Implement Goal M-6 of the General Plan Mobility Chapter;
b.
Comply with the Congestion Management Program (CMP), which requires that local jurisdictions adopt a trip reduction ordinance;
c.
Encourage land use patterns and resource allocations which are conducive to travel behavior that is not dependent on the automobile;
d.
Provide for a diversity of transportation options reflective of the needs and goals of the city;
e.
Promote sustainable travel modes by requiring certain developments to incorporate design features, incentives, and measures to support transit, shared rides, walking, and biking for residents, tenants, employees, and visitors;
f.
Increase average vehicle ridership and reduce the city's vehicle miles travelled associated with travel from, to, and within the city;
g.
Reduce the emission of air pollutants generated by automobiles and to assist in the attainment of the ambient air quality standards of the Federal Clean Air Act, and to comply with the Air Quality Management Plan and the Congestion Management Program, and thereby protect the public health and welfare.
(Ord. 18-1034 § 11, 2018)
As used in this chapter:
shall mean the total number of people that arrived at a site on the given day of observation, divided by the number of vehicles trips into or out of the site during the defined peak period of 6:00 a.m. to 10:00 a.m. in the morning and 3:00 p.m. to 7:00 p.m. in the evening.
shall mean the City of West Hollywood Department of Public Works.
shall mean any construction activity, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use.
shall mean the City of West Hollywood Director of Public Works or their designated appointee.
shall mean one who is assigned to the designated work site. An employee is one who works in the service of an employer for either wages or salary, as a contract employee under the direction of the work site employer or through a temporary service agency during a period of more than ninety continuous days.
shall mean any person or persons, firm, business, educational institution, government agency, nonprofit agency or corporation, or other entity having employees at a worksite in the City of West Hollywood.
shall mean any person or persons, firm, business, education institution, government agency, nonprofit agency or corporation, developer, or property owner within the City of West Hollywood that is subject to this ordinance.
shall mean the use of a private vehicle to facilitate pre-arranged rides between residents, visitors, or employees within similar trip origins and destinations. Rideshare can be facilitated through a trip coordinator or with web or mobile-based applications.
shall mean any development that includes residential units, retail uses, commercial uses, or office space, or any place of employment.
shall mean any mechanism or concession that motivates or encourages activity related to sustainable transportation goals.
shall mean the implementation of strategies that will encourage individuals to increase the use of sustainable transportation options, reduce trip length, eliminate the trip altogether, or travel at another time other than peak periods.
Menu of Trip Reduction Strategies" shall refer to the document that includes a list and details of each trip reduction strategy that may be selected for the TDM Plan, adopted by the City Council on file with the Department of Public Works.
shall mean a reduction of the number of trips taken during defined peak travel hours in single-occupancy vehicles.
(Ord. 18-1034 § 11, 2018)
This chapter shall apply to the following:
a.
Commercial or mixed use development that meets the following criteria:
1.
A new structure containing five thousand square feet or more of commercial floor area;
2.
Any major remodel to any existing structure where the completed structure contains five thousand square feet or more of commercial floor area;
3.
An addition of five thousand square feet or more of commercial floor area to any structure.
b.
New residential structures with ten or more dwelling units;
c.
Employers with ten or more employees.
(Ord. 18-1034 § 11, 2018)
a.
Commercial or Mixed Use Development. Commercial or mixed use development that meet the thresholds of Section 10.16.040(a) have the following TDM program requirements:
2.
TDM Plan and Required Trip Reduction Strategies. Submit a TDM plan with the contents outlined in Section 10.16.060(a), that provides a minimum number of trip reduction strategies as follows:
3.
AVR Goal. Employ best efforts to implement TDM strategies determined in TDM plan to achieve the commercial only AVR goal of 1.5;
4.
TDM Survey. Conduct the annual TDM survey, as outlined in Section 10.16.080, provided by and submitted to the Director, which calculates estimated AVR;
b.
Residential Development. Residential development that meet the threshold of Section 10.16.040(b) have the following TDM program requirements:
2.
TDM Plan and Required Trip Reduction Strategies. Submit a TDM plan with the contents outlined in Section 10.16.060(a), that provides a minimum number of trip reduction strategies as follows:
c.
Employers with Ten or More Employees. Employers with ten or more employees shall be required to provide the following:
d.
Employers with Two Hundred Fifty or More Employees. All employers with two hundred fifty or more employees shall comply with the South Coast Air Quality Management District (AQMD), Rule 2202, On-Road Motor Vehicle Mitigation Options, Employee Commute Reduction Program Guidelines, as may be amended from time to time, and shall provide the city with verification of this compliance on an annual basis.
(Ord. 18-1034 § 11, 2018)
a.
TDM Plan Contents. A TDM plan shall include each of the following:
1.
Responsible Party. The name of a representative who is responsible for implementation of the plan. The TDM plan must be signed by persons with authority to legally bind each entity for which it is submitted.
2.
A statement describing the number of trip reduction strategies required to provide, as stated in Section 10.16.050.
3.
An inventory of trip reduction strategies to be implemented from the TDM Menu of Trip Reduction Strategies.
4.
A schedule for implementation of the trip reduction strategies, if applicable.
5.
A statement acknowledging the requirements of this chapter and committing to implement the plan signed on behalf of each entity for which the plan is submitted.
b.
Condition of Approval. The provision of a TDM plan shall be incorporated as a condition of approval for all applicable development permits issued under Title 19, Zoning Ordinance.
c.
The TDM plan may be approved or denied by the Director. The Director shall provide a determination in writing, and if denied, provide a reason for denial.
d.
The TDM plan shall be approved, with or without conditions, only if the Director, or reviewing body, first finds that:
e.
The TDM plan shall be approved prior to issuance of a certificate of occupancy or final building inspection sign-off, as applicable. Any physical improvements shall be constructed prior to issuance of certificate of occupancy or final building inspection sign-off, as applicable. Operational strategies shall be implemented upon occupation of the subject structure, or as approved in the TDM plan.
(Ord. 18-1034 § 11, 2018)
All entities required to provide TDM marketing shall provide the following:
a.
External website, when in existence, shall include transit and non-auto directions when driving instructions provided.
b.
On-Site Transportation Information. On-site transportation information shall be located where the greatest number of visitors, employees, and residents are likely to see it, and may be necessary in multiple locations to accommodate larger entities. This information can be provided in an on-site physical location, such as a bulletin board or kiosk, or through other media, such as on a website or other digital means. The Director will provide access to promotional materials, events, and technical assistance regarding transportation options that may be utilized to satisfy this requirement. Employers required to meet the TDM marketing requirement may receive credit for the on-site transportation information if the building has information posted in a place utilized regularly by employees and visitors, if applicable. The information shall include, but is not limited to, the following:
1.
Current maps, routes and schedules for public transit routes within a one-half mile of the site;
2.
Information including regional ridesharing agency, local transit operators, and city transportation resources;
3.
Ridesharing promotional material supplied by commuter-oriented organizations;
4.
Bicycle route and facility information, including bike share hubs, regional/local bicycle maps, and rental and sales locations within one-half mile of the site;
5.
A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site;
6.
Walking and biking maps for employees and visitors, which shall include, but not be limited to, information about convenient local services and amenities within walking distance of the development.
(Ord. 18-1034 § 11, 2018)
The Director is authorized to publish an annual TDM survey, and entities required to participate in the survey shall provide a minimum of eighty percent response rate within sixty days of annual survey publication. The responsible party, as outlined in the TDM plan, is responsible for distributing the survey to individuals on-site and ensuring compliance with response rates. Surveys are required for the TDM annual reports, and are necessary in order for the city to track the efficacy of this chapter.
(Ord. 18-1034 § 11, 2018)
a.
Development outlined in Section 10.16.040(a) shall be required to submit an annual report, signed under penalty of perjury by persons with authority to legally bind each entity for which it is submitted, to the Director on the anniversary date of a previously submitted plan, or sixty days after the completion of the annual TDM commute survey, whichever is less restrictive, and shall include the following:
1.
The trip reduction strategies implemented; and
2.
Narrative of compliance with TDM Marketing requirements; and
3.
The current AVR as determined by the most recently completed TDM survey; and
4.
If the current AVR does not meet the required AVR goal, the annual report shall provide amended trip reduction strategies which can reasonably be expected to achieve that AVR goal within twelve months.
b.
The annual report shall be submitted for review and approval by the Director. The annual report shall be approved, with or without conditions, only if the Director, or reviewing body, first finds that: The revised trip reduction strategies are appropriate for the types of uses on the site, and will help achieve the AVR goal.
c.
Any plan denied by the Director shall be resubmitted within thirty days of receipt of the notice of denial. If an entity's plan is twice denied, and until such time as a revised plan is submitted and approved, the entity shall be in violation of this chapter.
d.
Any amended strategies shall be implemented within sixty days of annual report approval, or as approved by the Director.
(Ord. 18-1034 § 11, 2018)
a.
Residential development with an approved TDM plan shall submit an annual compliance report, signed under penalty of perjury by persons identified in the TDM plan, or their successor, with the following information on an annual basis before the anniversary of the approved TDM plan:
(Ord. 18-1034 § 11, 2018)
Entities required to submit a TDM and subsequent annual review shall maintain and preserve, for the life of the development, such records as may be necessary to demonstrate compliance with this chapter and to determine AVR for at least one week per year. Upon request of the Director, an entity shall provide the necessary records to substantiate the most current recorded AVR calculation and to demonstrate compliance with this chapter. If upon audit of such records, the Director determines the entity has not complied with this chapter, the entity shall file a revised plan or annual report or take such other steps as the Director determines necessary to comply with this chapter within thirty days of receipt of written notice of the Director's determination.
(Ord. 18-1034 § 11, 2018)
The Director may adopt any rules or regulations necessary or desirable for the implementation and enforcement of this chapter and the TDM Menu of Trip Reduction Strategies.
(Ord. 18-1034 § 11, 2018)
Fees for review of trip reduction plans, assistance and support of city staff, the processing of appeals, and other services pursuant to this chapter shall be established by resolution of the City Council.
(Ord. 18-1034 § 11, 2018)
a.
Any entity which fails to submit an annual report after disapproval by the Director, within the time permitted by this chapter shall be in violation of this chapter.
b.
Any entity shall be in violation of this chapter if it fails to implement any of the provisions of an approved plan. The Director or designee shall have the power to inspect on-site and audit files, upon reasonable notice to the entity. If an entity complies with all provisions of its approved plan, but fails to attain the site's AVR goal, such failure shall not be in violation of this chapter. In this case, the entity will be required to revise the site's TDM plan, with support from the city, to meet AVR goal within the next reporting year.
(Ord. 18-1034 § 11, 2018)
a.
Director Decisions. Any decision made by the Director in accordance with this chapter may be appealed to the Transportation and Mobility Commission.
b.
Transportation Commission Decisions. Any decision rendered by the Transportation and Mobility Commission may be appealed to the City Council.
c.
Appeal Submittal. Appeals shall be submitted in writing on a city application form, within ten days after the date the decision is rendered by the Director or Commission. The number of days shall be construed as calendar days. Time limits will extend to the following City Hall working day where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed. Appeals shall be filed with the City Clerk, and shall be accompanied by the filing fee set by the City's Fee Resolution. The filing fee shall be waived for appeals accompanied by original petitions, signed by a minimum of fifty residents or property or business owners within West Hollywood.
d.
Effect of Filing. The filing of an appeal in compliance with this chapter shall have the effect of suspending the effective date of the decision being appealed, and no further actions or proceedings shall occur in reliance on the decision being appealed except as allowed by the outcome of the appeal.
e.
Required Statement and Evidence.
1.
Applications for appeals shall include a general statement specifying the basis for the appeal and the specific aspect of the decision being appealed.
2.
Appeals shall be based upon an error in fact, dispute of findings or inadequacy of conditions, imposition of conditions not necessary to meet AVR goals, or availability of alternatives that could reasonably achieve AVR goals.
3.
Appeals shall be accompanied by supporting evidence substantiating the basis for the appeal.
f.
Notice to Applicant. If the appellant is not the responsible party listed in the TDM plan, a copy of the appeal shall be sent to the responsible party, via certified mail, return receipt requested, to the address listed on the application within seven days of its filing.
g.
Report and Scheduling of Hearing. When an appeal has been filed, the Director shall prepare a report on the matter, and schedule the matter for consideration by the appropriate appeal body. All appeals shall be considered in public hearings.
h.
Withdrawal of Appeal. Once filed, an appeal may be withdrawn by a written request submitted to the Director, with the signatures of all persons who filed the appeal.
i.
Action. At the hearing, the appeal body may only consider any issue involving or related to the matter that is the subject of the appeal, in addition to the specific grounds for the appeal, and shall conclude the proceedings with one of the following actions:
1.
Affirmation or Reversal. The appeal body may, by resolution, affirm, affirm in part, or reverse the action that is the subject of the appeal.
2.
Additional Conditions. When reviewing an appeal, the appeal body may adopt additional conditions of approval involving or related to the subject matter of the appeal.
3.
Referral. If new or different evidence is presented in the appeal, the Commission or Council, may, but shall not be required to, refer the matter back to the Director or Commission for further consideration. Any new evidence shall relate to the subject of the appeal.
j.
Deadlock Vote.
1.
By Commission. In the event an appeal from an action of the Director results in a deadlock vote by the Commission, the determination, interpreting decision, judgment, or similar action of the Director shall be reinstated, unless appealed to the Council.
2.
By Council. In the event that an appeal from an action of the Commission results in a deadlock vote by the Council, the action of the Commission shall become final.
k.
Judicial Review. If no action seeking judicial review of a decision of the City Council is timely filed, the decision shall be final and any penalty shall be immediately due and payable. The City Council hereby makes Section 1094.6 of the California Code of Civil Procedure applicable to decisions pursuant to this chapter and an action seeking judicial review shall be brought within the time permitted by that section.
(Ord. 18-1034 § 11, 2018; Ord. 23-09 § 33, 2023)