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HomeMy WebLinkAboutORD 1062 (1991) ORDINANCE NO. 1062 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ~ AMENDING ARTICLE 9 OF THE TUSTIN CITY CODE BY ADOPTING TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS FOR 2 SPECIFIED NEW DEVELOPMENT PROJECTS 3 The City Council of the City of Tustin does hereby ordain as ows: 4 Article 9 of the Tustin City Code is amended by 5 adding a new Chapter 9 to read as follows: CHAPTER 9 6 TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS 7 8 A. The purpose of this Chapter is to meet the requirements of State law for development of a t-rip reduction and 9 travel demand element as'part of the City's Congestion Management Program (hereafter referred to as CMP)and 20 adoption and implementation of a Trip Reduction and Travel Demand Ordinance. ."' New commercial, inaustrial, and mixed-uSe'development 22 including employment centers of 100 persons or more may adversely impact existing transportation and parking 23 facilities, resulting in increased motor vehicle emissions, deteriorating levels of service, and possibly 24 significant additional capital expenditures to augment 25 and improve the existing transportation system. In order to more efficiently utilize the existing .and planned transportation system and to reduce vehicle emissions. 26 The existence ef this chapter is intended to achieve the 27 following objec. tives: ~8 1. Reduce the number of peak-period vehicle trips generated in association with additional development; 29 2. Promote and encourage the use of alternative transportation modes such as ridesharing, carpools, 20 vanpools, publiclbus and rail transit, bicycles and 23 walking, as well as those facilities that support such modes; 3. Achieve related reductions in vehicle trips, traffic 23 congestion, and public expenditure and achieve air quality improvements through utilization of existing ~ local mechanisms and procedures for projectreview and permit processing; 4. Promote Coordinated implementation of strategies on a 26 countywide basis to reduce transportation demand; 27 5. Achieve the most efficient use of local resources through coordinated and consistent regional and/or 28 local Transportation Demand Management (hereafter referred to as TDM) programs. 9902 SCOPE A. The provisions of this chapter shall apply to all new or expanded projects where additional square footage will result in a total of 100 or more employees based on a total employment projection developed by the City of Tustin using the employee generation factors by type of use promulgated by the Institute of Transportation Engineers. The employment projection for a development of mixed or multiple uses shall be calculated based on the proportion of development devoted to each type of use utilizing .employee generation factors by type of use promulgated by the Institute of Transportation Engineers. This Chapter is not intended to supersede'or replace the "obligation of any property owner or business owner to comply with other TDM Program requirements including those contained in and implemented by Regulation XV of the Air Quality Management Plan (AQMP). 9903 DEFINITIONS A. The following terms as used in this Chapter shall have the following meanings: Alternative'Transportation Mode~. - any mode of travel that serves as an alternative to the single occupant motorized 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 meetlor exceed the employment threshold using the criteria contained in Section 9902 of this ordinance. Averaqe Vehicle Ridership {AVR) - is calculated by dividing the number of employees who report to the worksite or other work-related activity between 6 a.m. and 10 a.m., Monday through Friday, by the number of . vehicles driven by these employees over that' five-day period. The AVR calculation requires that a five-consecutive-weekday average be used. The averaging period cannot contain a holiday. An example of calculating AVRusing a weekly averaging period for an employer with 300 employees allreporting to work between 6 a.m. and 10 a.m., Monday through Friday, is: -2- Employees reporting to work: Monday - 300 Tuesday - 300 1 Wednesday - 300 Thursday - 300 2 Friday - +300 1500 TQtal number of commute motorized vehicles driven 4 to the worksite by these employees 5 Monday - 270 Tuesday - 250 6 Wednesday - 280 Thursday - 265 7 Friday - +262 1327 8 1500 divided by 1327 equals 1.13 AVR 9 This calculation does not include any credits for 10 telecommuting, clean fueled vehicles, or compressed 11 work weeks. '~ Conqestion Manaq~ment prouram - a State mandated plan · implemented through Assembly Bill' No. 1791.to promote a coordinated approach to'land'use and transportation 13 decisions, 14 Dell- the builder. who is responsible for the planning, design and construction of an applicable 15 development project. A developer may be responsible for implementing the provisions of this Ordinance as 16 determined by .the property owner. 17 Discretionary - an action .regulated by one's own choice, 18 ~ - any person employed by a firm, person(s), business, educational institution, non-profit agency or 19 corporation, or other entity which employs 100 or more 20 persons at a single worksite. RmploVment Generation Factor~ - factors developed for use 21 by the jurisdiction .for projecting the potential employment of any proposed development project. For 22 purposes of this chapter employee generation factors by type of use shall be those promulgated by the Institute 23 of Transportation Engineers, 24 _~ - any person(s), firm, business, educational 25 institution, non-profit agency or corporation, or other entity which employs 100 or more persons at a single '26 worksite, and may either be a property owner or tenant of an applicable development project. 27 -3- Facility - the total of all buildings, structures and grounds that encompass a worksite, at either single or ~ multiple locations, that comprise or are associated with an applicable development project. 2 Level Of Service fLOS) - a measure of the operational 3 quality of a road or intersection ranging from LOS A (best) to LOS F (worst). As required by CMP legislation, 4 the LOS standard for the CMP Highway System must be at "E" or at the existingLOS, whichever is further f~omLOS 5 "A", for any intersection or roadway segment. 6 Mixed-Use Development - new development projects t hat combine any one of these land uses with another: residential, office, commercial, light industrial, and 7 business park. 8 New Development Proiect - any non-residential project 9 being processed after the effective date of this Chapter where discretionary action by a decision-making body is 20 required. ~ Operational Proqrams and Strateqies - implementation of a range of techniques that require ongoing monitoring ~2 that can effect actual business operations and employee behavior at the facility or wOrksite to encourage ~3 reduction in -~peak-hour vehicle trips and use of alternative transportation modes. These techniques may ~4 range from establishment of ridesharing programs to the use of parking fees, cashallowances or other incentives ~5 or disincentives. Operational programs and strategies · are distinct from facility standards which encourage trip ~6 reduction through modifications in facility or worksite design. Peak-Period - those hours of the business day between 6 ~8 a.m. and 10 a.m. inclusive, Monday through Friday. 19 Property Owner - the legal owner of the applicable development project who serves as the lessor to an 20 employer or tenant. The property owner shall be responsible for complying with the provisions of this .2~ Ordinance either directly or by delegating such responsibility, as appropriate, to an employer or tenant. Reciprocal Preferential Carpools Parkinq Aqreement - A 23 document between landowners and/or tenants which the City approves. Site Development Plan/Permit - a precise plan of 25 development that may be subject to public hearing before the Planning Commission and as more fully described in 26 Design Review Section 9272 of the Tustin Municipal Code. 27 -4- Tenant - the lessee of facility space at an applicable development project who also serves as an employer. A tenant may be responsible for implementing ~ the provisions for this Ordinance as determined by the property owner. 2 Transportation Demand Manaqement (TDM) - the 3 implementation of programs, plans or policies designed to encourage changes in individual travel behavior. TDM 4 can include an emphasis on alternative travel modes to the single occupant vehicle (SOY), such as carpools, 5 vanpools and transit; reduction or elimination of the number of vehicle trips, or shifts in the time of 6 vehicle commutes to other than the peak-period. 7 Trip Reduction - reducing the number of work related trips taken between 6 a.m. and 10 a.m. Monday through 8 Friday, in SOVs. 9 Worksite - a building, or grouping of buildings located within the City which are in actual physicml ~0 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 by employers under common control. ~2 9904 FACILITY STANDARDS Developers of new and expanded non-residential properties shall provide the following trip reduction support ~4 facilities within each development which the City ~5 approves: 56 A. Preferential Parking for Carpool Vehicles. 17 At least 10% of the employee parking spaces shall be -reserved and designated for carpool vehicles by marking ~8 such spaces "Carpool Only". 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 19 project, or where a reciprocal preferential carpool 20 parking agreement with other developments has been established. Such carpool spaces shall be located near 2~ the building entrance(s) or at other preferential locations within the employee parking areas as approved 22 by the City's~Traffic Engineer or his/her designee. 23 For purposes of this and other sections, the factors listed below shall be used by the City to determine the 24 number of employee parking spaces. The City recognizes the importance of reserving spaces for visitors, the 25 handicapped and executives in preferential locations. 27 -5- General Percent of Total Parking Type of Use Devoted to Employee parking ~ Business and Professional Offices (excluding Medical/ 2 Dental) 85% Hospital and Medical/ Dental offices 70% 3 Commercial uses 30% Industrial Uses 90% 4 Warehousing/Storage 90% Bicycle Parking Facilities. 6 Bicycle racks or parking facilities shall be provided in 7 a secure location for use by employees or tenants who commute to the site by bicycle. A bicycle parking 8 facility or rack shall be a stationary object to which the user can lock the bicycle frame and both wheels with 9 a user-provided cable, chain and/or lock. Said facility shall support bicycles in a stable position with no damage to wheels, frames or components. Such spaces shall be located near a building's employee entrance(s) or other high visibility locations as approved by...the City. The intent of this section is to provide facilities which fulfill security'and accessibility needs of bicyclists while preserving the visual appearance of a development. Parking for 5 bicycles shall be provided for every 100 employees or fraction thereof. C. Shower and Locker Facilities. 25 Shower and locker room facilities for employees of 26 each sex shall be provided in each building of 100,000 or more gross square feet. For any Development 27 containing 100,000 or more total combined gross square feet, but which does not contain any single building 28 of 100,000 or more gross square feet, the City Planning Commission may elect, at its discretion, to approve a 29 requirement imposed by City staff on such development to provide shower and locker room facilities. 20 D. Trip Reduction Information. All Applicable Developments shall include, on site, appropriate signage and/or informational boards for the education of employees and tenants and marketing of alternate commute modes. Applicable Developments shall include, in a central location accessible to all employees and tenants, a commuter information center with current transit maps, routes and schedules for public transit; ridesharing match lists; available employee incentives; and ridesharing promotional material supplied by commuter-oriented organizations. -6- E. Carpool and Vanpool Loading Areas. The City Traffic Engineer or his/her designee shall 1 determine the necessity for the design and location of passenger loading areas to embark and disembark 2 passengers from carpool and vanpool vehicles if determined necessary. A typical passenger loading area 3 shall be equivalent in size to 1% of the required parking for the site. Such passenger loading areas shall be 4 located as close as reasonable to the building employee entrance(s) and should be designated in a manner that 5 does not impede vehicular circulation in the parking area, City streets, or fire, police and paramedic access 6 to the Applicable Development. 7 F. Bus Stop Improvements. 8 Bus .stOp improvements including bus pullouts, bus pads, bus shelters and any necessary right-of-way for bus 9 shelters, shall be required for all Applicable Developments located along high traffic volume streets 10 and established bus routes where required by the City. 11 Bus stop improvements shall be designed and located in accordance with local transit agency design.guidelines 12 and is subject to approval of the City Traffic Engineer or his/her designee which approval shall be based on 13 traffic engineering principles including, but not limited to the following: 1. The frequency and relative impact of blocked 15 traffic due to stopped buses; 16 2. The level of transit ridership at the location. 'I7 Approval from the City's Department of Community Development shall also be required for the actual 18 architectural design of any proposed bus stop improvement or shelter. TRIP REDUCTION/TDM STRATEGY PLAN AND ANNUAL REPORT 20 A. Prior to issuance of building permits for any phase. 21 of an Applicable Development, the Developer or Property Owner or their designee shall develop a Trip Reduction/ ~2 TDM program for the entire proposed development site, including any anticipated phasing and shall ~3 submit such plan to the City Traffic Engineer or his/her designee. The TDM must be designed to reduce trips to 24 achieve 1.5 AVR. It is the City's objective that the planning of applicable development projects should 25 include facility standards and a Trip Reduction/TDM Strategy Plan that is feasible and which has a reasonable 26 expectation of having a measurable impact towards achieving the purpose of this chapter. 27 -7- The plan shall identify initial Trip Reduction/TDM proposed programs and strategies to achieve the AVR objectives which may include, but are not limited to, the 1 following: 2 1. Establishment of carpool, buspool, or vanpool programs; 3 2. Vanpool purchase incentives; 3. Cash allowances, passes or other public transit 4 subsidies and purchase incentives; 4. Parking fees for SOVs; 5 5. Full or partial parking subsidies for ridesharing vehicles; 6. Preferential parking for ridesharing vehicles; 6 7. Computerized commuter rideshare matching service; 7 8. Guaranteed ride-home program for ridesharing; 9. Alternative work week and flex-time schedules; 8 10. Telecommuting or work-at-home programs; 11. On-site lunch rooms/cafeterias; 9 12. On-site commercial services such as banks, restaurants and small retail; ~0 13. On-site day care facilities; 14. Designation of an on-site Transportation Coordinator 11 for the project. 12 Bo Single-phase development projects shall achieve TDM AVR objectives within five years of issuance. of any 13 certificate of occupancy. Multi-phased projects shall achieve the objectives for each phase within three years ~4 of the issuance of any certificate of occupancy. 15 C. An applicant may performthe TDM programs through tenants or lessees in the project. However, agreements that 16 tenants or lessees will so perform shall not relieve applicant or its successors of that duty to perform or 17 require performance. 18 D. If conditioned as part of subdivision approval of a project, recorded Codes, Covenants and. Restrictions 19 (CC&Rs) shall include provisions to'guarantee adherence to the TDM objectives and perpetual operation of the TDM 20 program regardless of property ownership, inform all subsequent property owners of the requirements imposed 21 herein, and identify potential consequences of non- performance. Each space use agreement (i.e., lease document) shal~ 23 also include TDM provisions for the site as a means to inform and commit tenants to and participate in helping 2~ specific Applicable Developments meet TDM performance requirements. 25 · 26 27 -8- E. Annual Report 1. All property owners or their designees shall submit ~ an annual status report on the TDM program to the City Traffic Engineer or his/her designee 2 beginning a year after the issuance of any certificate of occupancy. The report shall be 3 prepared in the form and format designated by the City which must either approve or disapprove the 4 program within 60 days. If no response is sent by the City within 60 days, said report shall be deemed 5 automatically approved. 6 2. The TDM Performance Reports shall focus on ridesharing and trip reduction incentives offered ~ by the project and shall consist of a report that: 8 a. estimates AVR levels attained; b. verifies that the plan incentives have been 9 offered; c. Describes use of those incentives offered by ~0 employers; d. evaluates why the plan did or did not work, and. ~ an explanation of why the revised plan.~s likely to achieve the AVR target levels; and ~2 e. lists additional incentives which can be reasonably expected to correct deficiencies. ~3 f. evaluates the feasibility and effectiveness of Trip Reduction/TDM Program and strategies, as ~4 implemented. ~5 3. In the event that TDM objectives are not met, the City shall notify the property owner in ~6 writing of failure to comply. If the TDM performance objectives are not satisfied, the ~7 property owner shall either: ~8 a. Submit to the City within 30 days of notification by City a list of TDM measures that will be ~9 implemented to meet the TDM objectives within 180 days of written notification by the City of 20 Tustin. At the end of the 180-day period, the property owner shall submit a revised performance 22 report to determine compliance with TDM objectives. No further measures will be 22 necessary if the TDM objectives are met. 23 b. Should the TDM objectives not be satisfied by the end of the 180-day period, the property owner(s) 24 shall pay a TDM penalty fee to the City in an amount determined by Resolution of the City 23 Council. Said penalty fee shall be used to improve street capacity through construction of 26 physical improvements to be selected by the City of Tustin from the list of areawide improvements 27 identified in the City's CMP. -9- Appeal of any decision regarding the Trip Reduction Annual Report/TDM may be brought forward to the City Council for appeal pursuant to appeal procedures identified in Section 9906D 1 and 9906E of this Chapter. 9906 ADMINISTRATION A. For the purpose of determining whether Applicable .Developments are complying with the provisions of this Chapter, the Developer shall submit project compliance data/report indicating that requirements of this Chapter have been implemented. City shall monitor such compliance in a manner it deems appropriate and reasonable. Monitoring mechanisms may include, but not be limited to, the following: 1. To verify compliance with the Facility Standards required under Section 9904: 9 a. Local procedures for design review, as appropriate; 10 b. Field - Site inspections; 1] c. Other building site reports/surveys which the City of Tustin may deem appropriate. ]2 2. To monitor compliance with requirements for Trip Reduction/TDM programs and strategies under Section 13 9905, the City Traffic Engineer or his/her designee ]~ may: 15 a. Review and approve the baseline Trip Reduction/TDM Plan submitted per Section 9905 following consultation/negotiation with the ]6 building owner or designee (employer); 17 b~ Review and approve theAnnual Reports per Section ]8 9905; 19 c. Require other reports, site surveys, or operational audits which may be deemed appropriate as determined by the City Traffic 20 Engineer or his/her designee. 2] B. For the purpose of enforcing the provisions of this ~ Chapter, the City shall initiate enforcement action(s) following written notice to the property owner or 23 designee (employer), which may include, but not be limited to, the following: ~4 1. To enforce compliance with the Facility Standards 25 under Section 9904: a. Withhold issuance of a Building Permit or Certificate of Use and Occupancy; 27 b. Issue a Stop Work Order. -10- 2. To enforce compliance with the Trip Reduction/TDM programs and strategies under Section 9905: a. Withhold issuance of a Building Permit until the initial Plan as specified in Section 9905 iS submitted. b. Impose a penalty fee, in an amount as may be determined by resolution of the City Council if the Annual Report is not submitted within 30 days following written notice from the City Traffic Engineer or his/her designee. c. Impose a penalty fee, in an amount as may be determined by resolution of the City Council, if an initial Trip Reduction/TDM Strategy Plan or subsequent Annual Report modifications thereto are not implemented as approved by the City Traffic Engineer or his/her designee. d. Notification of failure to comply with or make reasonable progress toward the AVRperformance standards established in Section 9905 and those'. strategies contained in the 'Trip Reduction/TDM StrategyPlan when monitoring by the City Traffic Engineer or his/her designee determinesthat such compliance or progress is not being achieved. Following such notice, the City may request modifications in the mix of operational programs and strategies.under Section 9905 to be implemented in order to remedy inadequate or non- performance. If non-compliance or reasonable progress is not completed or remedied following requested modification by the City, the City may impose a Performance Penalty Fee in an amount as determined by resolution of the City Council. 3. The Facility Standards under Section 9904 and the Trip Reduction/TDM Strategy Plan under Section 9905 can include provisions to guarantee perpetual compliance regardless of changes xn property/ownership through recorded CC&Rs. For purposes of meeting its obligations under this Chapter, the City may impose the following fees: 1. A Trip Reduction/TDM Strategy Plan Review Fee at the time of initial project application. 2. A subsequent Annual Compliance Report Fee at the time of each Trip Reduction/TDM Strategy Report is submitted. Fees shall be charged to all Applicable Developments for purposes of defraying the costs of processing and reviewing the Trip Reduction/TDM Strategy Plan and subsequent Annual Compliance Reports as contained in Section 9905. -11- The review fee schedule shall be in an amount as established by resolution of the City Council. ~ D. A property owner(s) or designee(s) of any Applicable Development may request a variance from provisions in the 2 Facility Standards contained in Section 9904 upon submittal of a written request to the City Community 3 Development Department and accompanied by a fee in an amount established by resolution of the City Council. The ~ matter shall be set for consideration by the Planning Commission. Written notice to the appellant of the time, date and location set for consideration of the appeal shall be provided 10 days prior to the hearing date upon the 7 hearing of such appeal. TheCity Planning Commission may affirm, reject or modify Facility Standards required by 8 this Chapter. 9 The property owner may appeal any decision of the Planning Commission to the City Council. ~0 E. Appeal of Other Actions Any decision made by the City Traffic Engineer or his/her designee regarding the provisions contained in Section 9904, 9905 and 9906 B.1 and B.2 may heappealed to the Planning Commission upon submittal of a written request to the City of Tustin Community Development Department and accompanied by a fee in an amount to be established by resolution of City Council. The matter shall be set for consideration by.the Planning Commission. The property owner may appeal any decision of the Planning Commission to the City Council. ~7 PASSEDAND'ADOPTED at a regular meeting of the City ~8 Council held on the 15th day of April, 1991. 20 Richard B. Edgar ~' .- 21 MAYOR ~7 Citylof Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1062 Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1062 was duly and regularly read and introduced at a regular meeting of the City Council held on the 1st day of April, 1991, and'was given its second reading and duly passed and adopted at a regular meeting held on the 15th day of April, 1991, by the following vote: COUNCILMEMBER AYES: Edgar, Puckett, Pontious, Potts, Prescott COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None Mary E. Wynn,~ y Cler~ '