HomeMy WebLinkAboutORD FOR ADOPTION 04-15-91.. r..
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DATE:
APRIL 151.1991
ORDINANCE FOR ADOPTION NO. 1
4-15-91
Inter - Com
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: OFFICE OF THE CITY CLERK
SUBJECT: ORDINANCE NO. 1062 - TRANSPORTATION DEMAND MANAGEMENT
REQUIREMENTS FOR SPECIFIED NEW DEVELOPMENT PROJECTS
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1062
(roll call vote).
BACKGROUND:
The following Ordinance No. 1062 had first reading and introduction
at the April 1, 1991 City Council meeting:
ORDINANCE NO. 1062 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING ARTICLE 9 OF THE TUSTIN CITY. CODE BY
ADOPTING TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS FOR SPECIFIED
NEW DEVELOPMENT PROJECTS
Valerie Whiteman
Chief Deputy City Clerk
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ORDINANCE NO. 1062
AN ORDINANCE OF THE CITY COUNCIL OF THE TY CODE CITYOF
FADOPTING
AMENDING ARTICLE 9 OF THE TUSTIN CI
TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS FOR
SPECIFIED NEW DEVELOPMENT PROJECTS
Che City Council of the City of Tustin does hereby ordain as
Eollows :
Section I Article 9 of the Tustin City
Code
amended by
adding a new Chapter 9 to r as
CHAPTER 9
TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS
9901 PURPOSE
A. The purpose of this Chapter is to meet the requirements
of State law for development of a trip reduction and
travel demand element as part of the City's Congestion
Management Program (hereafter referred to as CMP)and
adoption and implementation of a Trip Reduction and
Travel Demand Ordinance.
New commercial, industrial, and mixed-use development
including employment centers of 100 persons or more may
adversely impact 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. In order
to more efficiently utilize the existing and planned
transportation system and to reduce vehicle emissions.
The existence of this chapter is intended to achieve the
following objectives:
1. Reduce the number of peak -period vehicle trips
generated in association with additional development;
2. 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;
3. 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;
4. Promote coordinated implementation of strategies on a
countywide basis to reduce transportation demand;
5. Achieve the most efficient use of local resources
through coordinated and consistent regional and/or
local Transportation Demand Management (hereafter
referred to as TDM) programs.
9902 SCOPE
A. The provisions of this chapter shall apply to all new
1 or expanded projects 'where additional square footage will
result in a total of 100 or more employees based on a
2 total employment projection developed by the City of
Tustin using the employee generation factors by type of
3 usepromulgated by the Institute of Transportation
Engineers.
4 The employment projection for a development of mixed or
5 multiple uses shall be calculated based on the proportion
of development devoted to each type of use utilizing
6 employee generation factors by type of use promulgated by
the Institute of Transportation Engineers.
7 This Chapter is not intended to supersede or replace the
8 obligation of any property owner or business owner to
comply with other TDM Program requirements including
9 those contained in and implemented by Regulation XV of
the Air Quality Management Plan (AQMP).
10 9903 DEFINITIONS
11 A. The following terms as used in this Chapter shall have
12 the following meanings:
13 Alternative Transportation Modes - any mode of travel
that serves as an alternative to the single occupant
14 motorized vehicle. This can include all forms of
ridesharing such as carpooling or vanpooling, as well as
15 Public transit, bicycling or walking.
16 Applicable Development - any new development project that
is determined to meet or exceed the employment threshold
7 using the criteria contained in Section 9902 of this
1 ordinance.
18 Average Vehicle Ridership (AVR) - is calculated by
19 dividing the number of employees who report to the
worksite or other work-related activity between 6 a.m.
20 and 10 a.m., Monday through Friday, by the number of
vehicles driven by these employees over that five-day
21 Period. The AVR calculation requires that a
f ive- cons ecutive-weekday average be used. The averaging
22 period cannot contain a holiday. An example of
calculating AVR using a weekly averaging period for an
23 employer with 300 employees all reporting to work between
6 a.m. and 10 a.m., Monday through Friday, is:
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Ems yees reporting to work:
Monday - 300
1 Tuesday _ 300
Wednesday 300
2 Thursday - 300
Friday - +_
3 1500
4 Total number of commute motorized vehicles driven
to the worksite by these employees
5 Monday - 270
6 Tuesday _ 250
Wednesday 280
7 Thursday _ 265
Friday +262
8 1327
9 1500 divided by 1327 equals 1.13 AVR
10 This calculation does not include any credits for
telecommuting, clean fueled vehicles, or compressed
11 work weeks.
12 Congestion Management Program - a State mandated plan
implemented through Assembly Bill No. 1791 to promote
13 a coordinated approach to land use and transportation
decisions.
14 Developer - the builder who is responsible for the
15 planning, design and construction of an applicable
development project. A developer may be responsible for
16 implementing the provisions of this Ordinance as
determined by the property owner.
17 Discretionary - an action regulated by one's own choice.
18 Employee - any person employed by a firm, person(s),
19 business, educational institution, non-profit agency or
corporation, or other entity which employs 100 or more
20 persons at a single worksite.
21 Employment Generation Factors - factors developed for use
by the jurisdiction for projecting the potential
22 employment of any proposed development project. For
purposes of this chapter employee generation factors by
23 type of use shall be those promulgated by the Institute
of Transportation Engineers.
24 Employer- 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.
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Facility - the total of all buildings, structures and
grounds that encompass a worksite, at either single or
1 multiple locations, that comprise or are associated with
an applicable development project.
2 Level of Service (LOS) - 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,
the LOS standard for the CMP Highway System must be at
4 "E" or at the existing LOS, whichever is further from LOS
5 "A", for any intersection or roadway segment.
Mixed -Use Development - new development projects that
6 combine any one of these land uses with another:
7 residential, office, commercial, light industrial, and
business park.
8 New Development Project - any non-residential project
9 being processed after the effective date of this Chapter
where discretionary action by a decision-making body is
10 required.
Operational Programs and Strategies - implementation of
11 a range of techniques that require ongoing monitoring
12 that can effect actual business operations and employee
behavior at the facility or worksite to encourage
reduction in peak -hour vehicle trips and use of
13 alternative transportation modes. These techniques may
range from establishment of ridesharing programs to the
14 use of parking fees, cash allowances or other incentives
or disincentives. Operational programs and strategies
15 are distinct from facility standards which encourage trip
reduction through modifications in facility or worksite
16 design.
17 Peak -Period - those hours of the business day, between 6
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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
21 Ordinance either directly or by delegating such
responsibility, as appropriate, to an employer or tenant.
22 Reciprocal Preferential Carpools Parking Agreement - A
document between landowners and/or tenants which the
23 City approves.
24 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.
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Tenant _he lessee of facility sp4 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.
Transportation Demand Management (TDM) - 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 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 - reducing the number of work related
trips taken between 6 a.m. and 10 a.m. Monday through
Friday, in SOVs.
Worksite - a building, or grouping of buildings
located within the City 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 by employers under common control.
9904 FACILITY STANDARDS
IIA
Developers of new and expanded non-residential properties
shall provide the following trip reduction support
facilities within each development which the City
approves:
Preferential Parking for Carpool Vehicles.
At least 10% of the employee parking spaces shall be
reserved and designated for carpool vehicles by marking
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
project, or where a reciprocal preferential carpool
parking agreement with other developments has been
established. Such carpool spaces shall be located near
the building entrance(s) or at other preferential
locations within the employee parking areas as approved
by the City's Traffic Engineer or his/her designee.
For purposes of this and other sections, the factors
listed below shall be used by the City to determine the
number of employee parking spaces. The City recognizes
the importance of reserving spaces for visitors, the
handicapped and executives in preferential locations.
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general PerL c of Total Parking
Type of Use Devoted to Employee Parking
1 Business and Professional
offices (excluding Medical/
2 Dental) 85$
Hospital and Medical/
3 Dental offices 30$%
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Commercial uses 3
4 Industrial Uses 90%
Warehousing/Storage 90%
5 B. 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
10 damage to wheels, frames or components. Such spaces shall
be located near a building's employee entrance(s) or
11 other high visibility locations as approved by the City.
The intent of this section is to provide facilities which
12 fulfill security and accessibility needs of bicyclists
while preserving the visual appearance of a development.
13 Parking for 5 bicycles shall be provided for every 100
employees or fraction thereof.
14 C. Shower and Locker Facilities.
15 Shower and locker room facilities for employees of
16 each sex shall be provided in each building of 100,000
or more gross square feet. For any Development
17 containing 100,000 or more total combined gross square
feet but which does not contain any single building
18 of 100,000 or more gross square feet, the City Planning
Commission may elect, at its discretion, to approve a
19 requirement imposed by City staff on such development to
provide shower and locker room facilities.
20 D. Trip Reduction Information.
21 All Applicable Developments shall include, on site,
22 appropriate signage and/or informational boards for the
education of employees and tenants and marketing of
23 alternate commute modes. Applicable Developments shall
include, in a central location accessible to all
24 employees and tenants, a commuter information center with
current transit maps, routes and schedules for public
25 transit; ridesharing match lists; available employee
incentives; and ridesharing promotional material supplied
26 by commuter -oriented organizations.
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E. Carpool .id 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 Traff is Engineer
or his/her designee which approval shall be based on
13 traffic engineering principles including, but not limited
to the following:
14 1. The frequency and relative impact of blocked
15 traffic due to stopped buses;
16 2. The level of transit ridership at the location.
17 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.
19 9905 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/
22 TDM program for the entire proposed development
site, including any anticipated phasing and shall
23 submit such plan to the City Traff is 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.
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The pla,_ ,hall identify initial Tri, .deduction/TDM
proposed programs and strategies to achieve the AVR
objectives which may include, but are not limited to, the
following:
1. Establishment of carpool, buspool, or vanpool
programs;
2. Vanpool purchase incentives;
3. Cash allowances, passes or other public transit
subsidies and purchase incentives;
4. Parking fees for SOVs ;
5. Full or partial parking subsidies for ridesharing
vehicles;
6. Preferential parking for ridesharing vehicles;
7. Computerized commuter rideshare matching service;
8. Guaranteed ride -home program for ridesharing;
9. Alternative work week and flex -time schedules;
10. Telecommuting or work -at-home programs;
11. On-site lunch rooms/cafeterias;
12. On-site commercial services such as banks,
restaurants and small retail;
13. On-site day care facilities;
14. Designation of an on-site Transportation Coordinator
for the project.
B. Single-phase development projects shall achieve TDM AVR
objectives within five years of issuance of any
certificate of occupancy. Multi -phased projects shall
achieve the objectives for each phase within three years
of the issuance of any certificate of occupancy.
C. An applicant may perform the TDM programs through tenants
or lessees in the project. However, agreements that
tenants or lessees will so perform shall not relieve
applicant or its successors of that duty to perform or
require performance.
D. If conditioned as part of subdivision approval of a
project, recorded Codes, Covenants and Restrictions
(CC&Rs) shall include provisions to guarantee adherence
to the TDM objectives and perpetual operation of the TDM
program regardless of property ownership, inform all
subsequent property owners of the requirements imposed
herein, and identify potential consequences of non-
performance.
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performance.
Each space use agreement (i.e., lease document) shall
also include TDM provisions for the site as a means to
inform and commit tenants to and participate in helping
specific Applicable Developments meet TDM performance
requirements.
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E. Annual 4. -..)rt
1. All property owners or their designees shall submit
1 an annual status report on the TDM program
City Traffic Engineer or his/her designee
2 beginning a year after the issuance of any
certificate of occupancy. The report shall be
prepared in the form and format designated by the
3 City which must either approve or disapprove the
program within 60 days. If no responsesent by
4 the City within 60 days, said report shall
be med
5 automatically approved.
6 2. The TDM Performance Reports shall focus on
ridesharing and trip reduction incentives offered
7 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
10employers; and
d. evaluates why the plan did or did not work,
an explanation of why the revised plan is likely
11 to achieve the AVR target levels; and
e. lists additional incentives which can be
12 reasonably expected to correct deficiencies.
f. evaluates the feasibility and effectiveness of
13 Trip Reduction/TDM Program and strategies, as
14 implemented.
3. In the event that TDM objectives are not met, the
15 City shall notify the property owner in
6 writing of failure to comply. If the TDM
1 performance objectives are not satisfied, the
17 property owner shall either:
a. Submit to the City within 30 days of notification
18 by city a list of TDM measures
be
implemented to meet the TDM objectives within 180
19 days of written notification by the City of
Tustin. At the end of the 180 -day period, the
20 property owner shall submit a revised performance
21 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)
shall pay a TDM penalty fee to the City in an
24 amount determined by Resolution of the City
Council. Said penalty fee shall be used to
25 improve street capacity through construction of
physical improvements to be selected by the City
26 of Tustin from the list of areawide improvements
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,jpeal of any decision regi. ing the Trip
Reduction Annual Report/TDM may be brought
forward to the City Council for appeal pursuant
to appeal procedures identified in Section 9906D
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:
a. Local procedures for design review, as
appropriate;
b. Field - Site inspections;
c. Other building site reports/surveys which the
City of Tustin may deem appropriate.
2. To monitor compliance with requirements for Trip
Reduction/TDM programs and strategies under Section
9905, the City Traffic Engineer or his/her designee
may:
a. Review and approve the baseline Trip
Reduction/TDM Plan submitted per Section 9905
following consultation/negotiation with the
building owner or designee (employer);
b. Review and approve the Annual Reports per Section
9905;
C. Require other reports, site surveys, or
operational audits which may be deemed
appropriate as determined by the City Traffic
Engineer or his/her designee.
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
designee (employer), which may include, but not be
limited to, the following:
1. To enforce compliance with the Facility Standards
under Section 9904:
a. Withhold issuance of a Building Permit or
Certificate of Use and Occupancy;
b. Issue a Stop Work Order.
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2. To _A"orce compliance with the _ip 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 AVR performance
standards established in Section 9905 and those
strategies contained in the Trip Reduction/TDM
Strategy Plan when monitoring by the City Traf f is
Engineer or his/her designee determines that 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 modif ication 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 in
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.
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The revue fee schedule shall be in _i 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
Facility Standards contained in Section 9904 upon
submittal of a written request to the City Community
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
hearing of such appeal. The City Planning Commission may
affirm, reject or modify Facility Standards required by
this Chapter.
The property owner may appeal any decision of the
Planning Commission to the City Council.
JE. 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 be appealed 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.
PASSED AND ADOPTED at a regular meeting of the City
Council held on the
Mary E. Wynn
City Clerk
Richard B. Edgar
MAYOR
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