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Beverly Hills City Zoning Code

CHAPTER 7

CONGESTION MANAGEMENT

10-7-100: WORDS DEFINED:

Unless the context otherwise requires, the definitions set forth in this article shall govern the construction of this chapter. In addition, except as provided in this article, the definitions contained in chapter 3 of this title shall also govern the construction of this chapter.
ALTERNATIVE TRANSPORTATION: The use of modes of transportation other than the single passenger vehicle, including, but not limited to, carpools, vanpools, buspools, public transit, walking and bicycling.
BUSPOOL: A vehicle carrying sixteen (16) or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.
CARPOOL: A vehicle carrying two (2) to six (6) persons commuting together to and from work on a regular basis.
DEVELOPER: The person who is ultimately responsible for the planning, design and construction of a development project.
DEVELOPMENT: The construction or addition of new building square footage.
EMPLOYEE PARKING: The portion of total required parking assumed to be used by on site employees. Employee parking shall be calculated as follows:
 
 Type Of Use
Percent Of Total Required Parking Devoted To Employees
Retail/commercial
30%
Office/professional
85%
Industrial/manufacturing
90%
 
PREFERENTIAL PARKING: Parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles.
PROPERTY OWNER: The legal owner of a development who may serve as the lessor to a tenant.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD): The regional authority appointed by the California state legislature to meet federal standards and otherwise improve air quality in the South Coast air basin (the nondesert portions of Los Angeles, Orange, Riverside, and San Bernardino Counties).
TENANT: The lessee of space at a development project.
TOTAL AREA: The "total area" of a development shall mean the area of all floors or levels included within the exterior walls of a building or structure. If a building or structure does not have exterior walls, the "total area" of the building or structure shall be the usable area under the horizontal projection of the roof or floor above.
TRANSPORTATION DEMAND MANAGEMENT (TDM): The alteration of travel behavior, usually on the part of commuters, through programs of incentives, services, and policies. TDM addresses alternatives to single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).
TRIP REDUCTION: Reduction in the number of work related trips made by single occupant vehicles.
VANPOOL: A vehicle carrying seven (7) or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven (7) to fifteen (15) adult passengers, and on a prepaid subscription basis.
VEHICLE: Any motorized form of transportation, including, but not limited to, automobiles, vans, buses and motorcycles. (Ord. 93-O-2164, eff. 3-19-1993)

10-7-201: CONGESTION MANAGEMENT PROGRAM COMPLIANCE:

Prior to certification of any environmental impact report (EIR) prepared for a development project pursuant to the requirements of the California environmental quality act (CEQA), the EIR author shall identify and consult with regional and municipal fixed route transit operators providing service to the project. In addition, the EIR author shall use the "transportation impact analysis method" contained in the Los Angeles County congestion management program to assess traffic and transit impacts. Pursuant to the provisions of CEQA, fixed route transit operators providing service to the project shall be sent a notice of preparation (NOP) for all EIRs and shall, as part of the NOP process, be given an opportunity to comment on the impacts of the project, to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures timely identified by the transit operator shall be evaluated in the draft EIR prepared for the project. Transit mitigation measures which are adopted shall be monitored pursuant to the mitigation monitoring requirements of CEQA. (Ord. 93-O-2164, eff. 3-19-1993)

10-7-301: TRANSPORTATION DEMAND AND TRIP REDUCTION MEASURES:

   A.   Except as provided in section 10-7-302 of this article, prior to occupancy of any development project, the developer shall provide for transportation demand management and trip reduction measures as follows:
      1.   Prior to occupancy of any non-residential development, the developer shall designate as least one existing parking space for carpool usage. Such designation shall include signage satisfactory to the director of transportation.
      2.   Prior to occupancy of a nonresidential development that equals or exceeds fifteen thousand (15,000) square feet in total area, the developer shall comply with subsection A1 of this section and shall provide the following to the satisfaction of the director of transportation:
         a.   A bulletin board, display case, or kiosk displaying transportation information in a prominent area accessible to employees. Such information shall include, but is not limited to, the following:
            (1)   Current maps, routes and schedules for public transit routes serving the site;
            (2)   Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators;
            (3)   Ridesharing promotional material supplied by commuter oriented organizations;
            (4)   Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;
            (5)   A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site;
            (6)   A notice which provides as follows:
The Owner of this building is required to comply with the Transportation Demand Management Program of the City of Beverly Hills. If you have any questions about the requirements of the Program or about enforcement of the Program, please contact the Beverly Hills Department of Transportation at (310) 285-2553.
      3.   Prior to occupancy of a nonresidential development that equals or exceeds twenty five thousand (25,000) square feet in total area, the developer shall comply with subsections A1 and A2 of this section and shall comply with the following additional requirements to the satisfaction of the director of transportation:
         a.   Not less than ten percent (10%) of the employee parking shall be signed, striped and reserved for use by carpool or vanpool vehicles and located as close as is practical to the employee entrance(s) without displacing handicapped and customer parking needs. This preferential parking shall be identified on the site plan upon the application for a building permit.
         b.   A statement that preferential carpool or vanpool spaces for employees are available and a description of the method for obtaining such spaces shall be included on the transportation information board required by subsection A2 of this section.
         c.   Preferential parking spaces reserved for vanpools shall be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven feet two inches (7'2") shall be provided for those spaces and accessways to be used by vanpool vehicles. Adequate turning radii and parking space dimensions shall be provided for vanpool parking areas to the satisfaction of the director of transportation.
         d.   Bicycle racks or other secure bicycle parking shall be provided to accommodate four (4) bicycles for the first fifty thousand (50,000) square feet of nonresidential development and one bicycle for each additional fifty thousand (50,000) square feet of nonresidential development. If such calculations result in a fraction of 0.5 or higher, then the fraction shall be rounded up to the nearest whole number. Secure bicycle parking may consist of a fully enclosed space or a locker accessible only to the owner or operator of the bicycle which protects the bicycle from inclement weather. Specific facilities and their location shall be provided to the satisfaction of the director of transportation.
The director of transportation may require additional bicycle racks or secure bicycle parking if the director determines that:
            (1)   The anticipated occupant or occupants of the development are likely to generate a greater than usual demand for bicycle parking by commuters; or
            (2)   Additional bicycle facilities are necessary to mitigate substantial traffic impacts; or
            (3)   The location or design of the development allows for the provision of additional bicycle facilities without imposing a hardship on the developer or the property owner.
If the director requires additional bicycle facilities pursuant to this section, then the director shall promptly provide the developer with written notice of his or her decision. The developer or property owner may appeal the decision of the director to the city council within ten (10) days after the notice is deposited in the United States mail, postage prepaid. The procedures governing the appeal shall be the procedures set forth in title 1, chapter 4 of this code.
      4.   Prior to occupancy of nonresidential development that equals or exceeds forty thousand (40,000) square feet in total area, the developer shall comply with subsections A1 through A3 of this section, and shall comply with the following requirements to the satisfaction of the director of transportation:
         a.   The development shall include sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development.
         b.   If determined necessary by the city to mitigate the impacts of the development project, bus stop improvements shall be provided to the satisfaction of the director of transportation. The director will consult with the local bus service provider in order to determine appropriate improvements.
            (1)   The director shall notify the developer in writing of any bus stop improvements required pursuant to this section. The director's decision to require bus stop improvements may be appealed by the developer to the city council pursuant to title 1, chapter 4, article 1 of this code.
            (2)   When locating bus stops and/or planning building entrances, the developer and the city shall consider that commuters should be afforded entrances that are safe, efficient and that have direct access to nearby transit stations or stops.
         c.   The development shall include safe and convenient access from the external circulation system to bicycle parking facilities on site. (Ord. 93-O-2164, eff. 3-19-1993)

10-7-302: EXEMPTION:

A developer shall be exempt from the requirements of section 10-7-301 of this article if the development qualifies for seismic safety program incentives under section 9-5-204 of this code. (Ord. 93-O-2164, eff. 3-19-1993)

10-7-303: MAINTENANCE:

All facilities and improvements required by this article shall be maintained by the property owner in compliance with the requirements of this article and in a state of good repair. (Ord. 93-O-2164, eff. 3-19-1993)