[Ord. 1116, 4-1-1992]
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 shall do this by meeting requirements of AB 1791, Section 65089 (b) (3) which required development of a trip reduction and travel demand element to the Congestion Management Plan (CMP), and Section 65089.3 (b) which requires adoption and implementation of Trip Reduction and Travel Demand Ordinances.
[Ord. 1116, 4-1-1992]
(A) 
Whereas, state law establishing requirements for development of a county-wide Congestion Management Program (AB 471 & 1791) mandates the inclusion of a Trip Reduction and Travel Demand Element Ordinance; and
(B) 
Whereas, other Transportation Demand Management (TDM) program requirements have been adopted for the region including Regulation XV and Appendix IV-C Control Measures of the Air Quality Management Plan (AQMP); and
(C) 
Whereas, generally increased traffic congestion contributes to significant deterioration in air quality; increased the inefficient use of energy resources; and adversely impacts public and private sector economies due to reduced productivity of the work force; and
(D) 
Whereas, 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; and
(E) 
Whereas, implementation of TDM strategies at the local government level would provide significant public benefits by improving air quality; enhancing the effectiveness of the existing transportation system; and reducing energy requirements; and
(F) 
Whereas, coordinated TDM efforts among all local jurisdictions in the County can contribute to air quality improvements, energy conservation, and decreases in the levels of noise and traffic congestion;
[Ord. 1116, 4-1-1992]
For purpose of this chapter, the definitions for the following terms shall apply:
ALTERNATIVE TRANSPORTATION MODES
Any mode of travel that serves an as 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
Any new development project that is determined to meet or exceed the employment threshold using the criteria contained in this ordinance. 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
Any capital improvements which would benefit an employee who rides a bicycle to their work site, including shower facilities, locker facilities, bicycle parking, etc.
CHANGE OF USE
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
The builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing this ordinance as determined by the property owner.
EMPLOYEE
Any person employed by a firm, person(s), business, educational institution, non-profit agency or corporation, government agency or other entity which employs 100 or more persons at a single work site.
EMPLOYMENT GENERATION FACTORS
Refers to factors developed for use by the jurisdiction for protecting the potential employment of any proposed development project.
EMPLOYER
Any person(s), firm, business, educational institution, government agency, non-profit agency or corporation, or other entity which employs 100 or more persons at a single work site, 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
That minimum changes made to establish a transportation demand management and trip reduction plan at an applicable development project to a level which satisfies this ordinance.
MIXED-USE DEVELOPMENT
New development projects that combine any land uses one with another.
NEW DEVELOPMENT PROJECT
Means any non-residential project being processed where some level of discretionary action by a decision making body is required.
PEAK PERIOD
Those hours of the business day between 7 a.m. and 9 a.m. Inclusive, Monday through Friday, which TDM strategies such as this Ordinance identify as the priority period for reducing work related vehicle trips.
PROPERTY OWNER
The legal owner of the applicable development.
RIDESHARE FACILITIES
Any capital improvements which would benefit an employee who rideshares to the work site, including on-site amenities, preferential parking, and rideshare drop-off areas at the entrance of the work site.
SITE DEVELOPMENT PLAN PERMIT
A precise plan of development that may be subject to public hearing before the Planning Commission, Design Reviews, Use Permits, Planned Development, Fast Track Site Plan Approval.
TRANSIT FACILITIES
Any capital improvements which would benefit an employee who uses any form of transit to travel to the work site, including transit stops, shelters, bus turnouts, park and ride lots, and other transit amenities.
TRANSPORTATION MANAGEMENT ASSOCIATION
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 10% reduction in work related trips for each individual applicable new development.
TRANSPORTATION DEMAND MANAGEMENT
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.
WORK SITE
A building, grouping of buildings located within the jurisdiction which are physical contact or 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. 1116, 4-1-1992]
(A) 
This chapter shall apply to all new development projects and/or change of use projects that are estimated to employ a total of 100 or more persons as determined by the methodology in this Section below:
(B) 
For purposes of determining whether a new development project 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 Community Development Director; or
(2) 
Employment projections developed by the Community Development Director or Designee using the following employee generation factors by type of use.
LAND USE CATEGORY
GROSS SQ. FT./EMPLOYEE
Retail/Commercial
500
Office/Professional
250
Industrial/Manufacturing
525
Hotel/Motel
0.8-1.2 employees/room
Hospital
300
(3) 
The employment projection for a development of mixed use 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. 1116, 4-1-1992]
Not withstanding any other provisions, the following uses and activities shall be specifically exempt from this chapter:
(A) 
Development projects expected to employ fewer than 100 persons.
(B) 
Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers.
(C) 
Other temporary activities, as defined in the City Development Code, or as authorized by the City when such temporary activities shall discontinued at the end of the designated time period.
[Ord. 1116, 4-1-1992]
(A) 
All applicable new developments (non-residential developments which employ 100 or more persons) which are owned and managed as one unit shall submit a Transportation Demand Management Plan prepared by a qualified professional identifying the traffic impacts associated with the proposed project and including design recommendations and mitigations measures, as appropriate, to address on and off site project impacts. The TDM Plan shall implement a trip reduction plan to reduce work related vehicle trips by 10% from the expected number of trips related to the project (as indicated in the Trip Generation Handbook published by the Institute of Traffic Engineers). The Plan shall also indicate specific strategies and guidelines to reduce the amount of trips and increase the amount of non-vehicular transportation.
(B) 
All developers of applicable new development sand/or change of use shall be subject to the required capital improvements standards as specified in this Section VI (B). These standards must all be addressed to realize if they are applicable to their development. These required standards may be used to achieve the mandatory reduction of 10% in expected number of trips related to the project. Developers of all applicable developments shall include in their project Site Development Plan's provisions to address each of the following capital improvements:
(1) 
Transit facilities (on and off site);
(2) 
Bicycle facilities; and
(3) 
Rideshare facilities. (See options in Section V (D) for specific capital improvement strategies.)
(C) 
The operational standards are standards which employers, TMA's or managing office of a development administered as one unit are subject to require to achieve the mandatory 10% reduction in trips related to the project. These standards must be established 60 days after occupancy of the development by an employer.
(D) 
These options may be included in the developer's TDM Plan to fulfill both the capital improvement standards and the operational standards:
(1) 
Alternate Work Schedule Flex-time:
(2) 
Telecommuting: Establish telecommuting or work at home programs to allow employees to work at home or at a satellites work center;
(3) 
Bicycle Facilities: Provide bicycle parking facilities equal to 5% of total required automobile parking spaces; and preserve 2% of the gross floor area for employee locker and shower facilities;
(4) 
On-site Employee Housing and Shuttles: Provide affordable on-site housing and shuttles to and from the housing areas and the work areas;
(5) 
Preferential Parking for Carpool Vehicles;
(6) 
Information Center for Transportation Alternatives;
(7) 
Rideshare Vehicle Loading Areas;
(8) 
Vanpool Vehicle Accessibility;
(9) 
Bus Stop Improvements;
(10) 
On-Site Child Care Facilities;
(11) 
Availability of Electrical Outlets for recharging of electric vehicles;
(12) 
On-Site Amenities such as Cafeterias and Restaurants, Automated Teller Machines, and other services that would eliminate the need for additional trips;
(13) 
Contributions to Funds providing Regional Facilities such as Park and Ride Lots, Multi-Model Transportation Centers and Transit Alternatives in the area;
(14) 
Incentives for Mass Transit Usage including provision of a bud pass, additional pay, flex-time or others;
(15) 
Implementation of a Parking Fee;
(16) 
Restriction of Business Hours;
(17) 
Restrict Delivery Hours;
(18) 
Provide a Direct Pedestrian Path from the closest Transit Stop into the facility;
(19) 
Contribute up to $1.00/square foot to a housing subsidy fund so that affordable housing can be created closer to the employer;
(20) 
Resort / Hotel areas develop a rideshare and shuttle programs;
(21) 
Create Golf Cart Circulations Systems;
(22) 
If an applicable development is on a current transit route, provide a transit stop, shelter, trash barrels, benches, shade and wind protection, and bus turnouts;
(23) 
If an applicable development is not located on a current transit route, contribute to a fund which will be used to provide transit amenities;
(24) 
If an applicable development is located on a major arterial, statements 23 and 24 should be considered;
(25) 
Provision of a Bicycle Lane; and
(26) 
Provide other creative or innovative strategies to reduce vehicle trips.
[Ord. 1116, 4-1-1992]
It shall be the responsibility of the Community Development Director or designee to inform the applicant of a Transportation Demand Management Review application that the completeness of such an application be within 30 days of receipt. Once the application is complete, the Community Development Director shall either approve or deny the application within 60 days or forward the application to the City Council for their approval, assuring that the application is processed expediently (no more than 90 days).
[Ord. 1116, 4-1-1992]
(A) 
A request for TDM approval shall be made through application forms provided by the Community Development Director. The application for such approval shall be filed with the Community Development Director within 30 days of receipt.
(B) 
A processing fee shall be paid at the time the completed application is filed with the Community Development Director. The fee shall be as stated in the City's Fee Schedule, as amended.
(C) 
An application for TDM Review shall be supplemented by plans and other pertinent information to adequately portray all applicable aspects of a proposal.
(D) 
Community Development Department shall review applications and arrive at recommendations or approvals as appropriate, by considering aspects for conformance with this ordinance.
[Ord. 1116, 4-1-1992]
(A) 
Community Development Director or Designee shall review the approved TDM plans annually for compliance of this ordinance through a 25% sampling of on going TDM programs. This sampling will result in either renewal of a TDM program if the plan is reducing work related trips by 10%, or denial of a renewal due to noncompliance of this ordinance. If a TDM plan is not renewed, an updated plan must be submitted by the applicable development (developer, owner, employer or managing office) within 30 days of the denial of renewal. A follow-up review for compliance of the updated TDM plan will take place within 90 days.
(B) 
Community Development Director shall also review any approved TDM plans for compliance if complaints about the TDM plan and its noncompliance are recorded to the City.
[Ord. 1116, 4-1-1992]
(A) 
For purposes of meeting its obligations under this ordinance, the City Council of the City of Indio may set fees deemed necessary to review and monitor TDM plans. Fees shall be imposed on the subject property owner(s) as follows:
(1) 
A trip reduction/TDM Plan Review Fee as set by Resolution, or as amended in the City's Fee Schedule at the time of initial project application submission to the Community Development Director;
(2) 
A trip reduction/TDM Plan Renewal/Review for Compliance Fee as set by Resolution, or as amended in the City's Fee Schedule at the time of initial review by the Community Development Director.
(B) 
This shall be a fixed fee charged to all applicable developments for the purpose of defraying the costs of processing and reviewing the trip reduction/TDM Program.
[Ord. 1116, 4-1-1992]
(A) 
An appeal may be made by the property owner (s) or designee(s) of any applicable development regarding decisions made by the Community Development Director on provisions of this ordinance.
(B) 
Such appeals may be reviewed by the City Council for resolutions, who must act on such appeals within 30 days of such filing.
[Ord. 1116, 4-1-1992]
For purposes of ensuring that applicable developments comply with the provisions of this chapter, the Community Development Director shall, following written notice to subject property owner(s), initiate enforcement actions(s) against such property owner(s) or designee(s) which may include, but not be limited to, the following:
(A) 
Withholding Issuance of a Building Permit or Certificate of Use and Occupancy;
(B) 
Noncompliance infraction;
(C) 
Issuance of a Stop Work Order.