This chapter shall be known as the West Hollywood "Transportation
Demand Management Ordinance."
(Ord. 18-1034 § 11, 2018)
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:
"Average vehicle ridership" or "AVR"
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.
"Department"
shall mean the City of West Hollywood Department of Public
Works.
"Development"
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.
"Director"
shall mean the City of West Hollywood Director of Public
Works or their designated appointee.
"Employee"
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.
"Employer"
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.
"Entity"
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.
"Ridesharing"
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.
"Site"
shall mean any development that includes residential units,
retail uses, commercial uses, or office space, or any place of employment.
"Strategies"
shall mean any mechanism or concession that motivates or
encourages activity related to sustainable transportation goals.
"Transportation Demand Management (TDM)"
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.
"Transportation Demand Management (TDM)
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.
"Trip reduction"
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:
1. TDM Marketing. Implement the requirements for TDM marketing, as outlined in Section
10.16.070;
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:
A. Commercial or mixed use structures with a total of ten thousand square
feet or less of floor area: four strategies,
B. Commercial or mixed use structures with a total of more than ten
thousand square feet of floor area: eight strategies;
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;
5. Submit a Commercial and Mixed Use Development Annual Report, as further outlined in Section
10.16.080;
6. Maintain TDM records in accordance with Section
10.16.110.
b. Residential Development. Residential development that meet the threshold of Section
10.16.040(b) have the following TDM program requirements:
1. TDM Marketing. Implement the requirements for TDM marketing, as outlined in Section
10.16.070;
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:
A. Residential structures with ten to nineteen units: three strategies,
B. Residential structures with twenty or more units: five strategies;
3. TDM Survey. Conduct annual TDM survey, as outlined in Section
10.16.080, provided by and submitted to the Director;
4. Submit a residential annual compliance report, as further outlined in Section
10.16.100;
5. Maintain TDM records in accordance with Section
10.16.110.
c. Employers with Ten or More Employees. Employers with ten
or more employees shall be required to provide the following:
1. TDM Marketing. Implement the requirements for TDM marketing, as outlined in Section
10.16.070;
2. TDM Survey. Conduct the annual TDM survey, as outlined in Section
10.16.080, provided by and submitted to the Director.
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.
6. Submittal of TDM fee appropriate for the entity as described in Section
10.16.130.
7. Narrative of compliance with TDM marketing requirement, as further regulated by Section
10.16.070.
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:
1. For
commercial and mixed use development, the TDM plan is appropriate
for the types of uses on the site, and will help achieve the AVR goal.
2. For
residential development, the TDM plan meets the required number of
trip reduction strategies and can be implemented in a residential
building.
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.
f. Decisions of the Director may be appealed in compliance with Section
10.16.150.
(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:
1. The
trip reduction strategies implemented; and
2. Proof
of continued maintenance and operation of each trip reduction strategy;
and
3. Narrative
of compliance with TDM marketing requirements.
(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)