This chapter is intended to protect the public health, safety and welfare by reducing air pollution, traffic congestion and energy consumption attributable to vehicle trips and vehicle miles traveled. This chapter meets the requirements of Government Code Section 65089(b)(3), which requires inclusion of a trip reduction and travel demand element within a congestion management program (CMP) and Government Code Section 65089.3(a), which requires adoption and implementation of trip reduction and travel demand ordinances by local agencies. No building permit application for any applicable development project shall be accepted, nor shall a building permit be issued by the city unless and until a TDM plan has been approved or an exemption granted pursuant to this chapter.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

For purposes of this chapter, definitions of the following terms shall apply:

"Alternative transportation modes" mean any mode of travel that serves as an alternative to the single- occupant vehicle. This includes all forms of ride-sharing such as carpooling or vanpooling, as well as public transit, bicycling or walking.

"Applicable development" means any new development project or change of use project that is determined to meet or exceed the employment threshold using the criteria contained in this chapter. An applicable development also includes developments which are owned and/or managed as one (1) unit, such as a business park or shopping center, that also meet or exceed the employment threshold, and may have one (1) or more employers.

"Bicycle facilities" mean any capital improvements which would benefit an employee who rides a bicycle to his or her worksite, including shower facilities, locker facilities, bicycle parking, etc.

"Change of use" means the alteration of the initial use of a facility to another use not related to the previous use, after the effective date of the ordinance codified in this chapter, where some discretionary action or approval by the city council and/or the planning commission is required.

"Developer" means the person or entity which is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing this chapter as determined by the property owner.

"Employee" means any person employed by an "employer" as defined in this section.

"Employer" means any person(s), firm, business, educational institution, government agency, nonprofit agency or corporation, or other entity which employs one hundred (100) or more persons at a single worksite within the city, and may either be a property owner or tenant of an applicable development project.

"Employment generation factors" refers to factors developed for use by the city for projecting the potential employment of any proposed development project.

"Employment threshold" means the number of employees which an applicable development or employer must have for this chapter to apply.

"Minimum standards" mean the minimum changes made to establish a transportation demand management and trip reduction plan at an applicable development project to a level which satisfies this chapter.

"Mixed-use development" means new development projects that combine two (2) or more different uses.

"New development project" means any nonresidential project being processed where some discretionary action or approval by the city council and/or the planning commission is required.

"Peak period" means those hours of the business day between 7:00 a.m. and 9:00 a.m. inclusive, Monday through Friday, which this chapter identifies as the priority period for reducing work related vehicle trips.

"Property owner" means the legal owner of the applicable development and/or the owner's designee (e.g., developer).

"Ride-share facilities" mean any capital improvements which would benefit an employee who rideshares to the worksite, including on-site amenities, preferential parking and ridesharing drop-off areas at the entrance of the concern.

"Site development plan/permit" means a precise plan of development that may be subject to public hearing before the city council and/or planning commission including without limitation a specific plan, conditional use permit public use permit or subdivision map.

"Transit facilities" mean any capital improvements which would benefit an employee who uses any form of transit to travel to the worksite, including transit stops, shelters, bus turnouts, park and ride lots, and other transit amenities.

"Transportation management association" or "TMA" means a voluntary entity of employers, property owners and other interested parties who share a mutual concern for local transportation problems and have the ability to collectively pool participants' resources to address these issues. A TMA must still satisfy the goals established for individual employers pursuant to this chapter.

"Transportation demand management" or "TDM" means 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 periods.

"Worksite" means a building or grouping of buildings located within the city which are in 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. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

This chapter shall apply to all new nonresidential development projects and/or change of use projects that are estimated to employ a total of one hundred (100) or more persons as determined by the methodology outlined in subsection B of this section.

B.

For purposes of determining whether a new development project or change of use project is subject to this chapter, the total employment figure shall be determined as follows:

1.

Employment projections developed by the project applicant, subject to approval by the director; or

2.

Employment projections developed by the director or the director's designee using the following employee-generation factors by type of use:

C.

The employment projection for a development of mixed use or multiple uses shall be calculated based upon the proportion of development devoted to each type of use.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

Notwithstanding any other provisions, the following uses and activities shall be exempt from this chapter:

A.

Development projects and change of use projects projected per Section 9.180.030 to employ fewer than one hundred (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 this code or as authorized by the city when such temporary activities shall discontinue at the end of the designated time period; and

D.

Any employer(s) who have submitted to the city an active approved plan under the South Coast Air Quality Management District's (SCAQMD) Regulation XV program requirements (Regulation XV). Notwithstanding this provision, projects which are exempt under this subsection shall nevertheless comply with Section 9.180.110 (SCAQMD compliance).

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

All applicable new developments and change of use projects shall, concurrent with application to the city for other permits and/or approvals, submit a transportation demand management plan ("TDM plan") prepared by a traffic engineer, transportation planner or other similarly qualified professional identifying traffic impacts associated with the proposed project and including design recommendations and mitigation measures appropriate to address on-site and off-site project impacts. The TDM plan shall be in the form required by SCAQMD Regulation XV, and shall be reasonably calculated to achieve an average vehicle occupancy rate (VOR) of 1.3. The TDM plan shall also indicate specific strategies and guidelines to reduce the number of trips and increase the amount of nonvehicular transportation.

B.

All property owners of applicable new developments and change of use projects shall be subject to required capital improvement standards as specified in this section. These standards must be individually addressed to the specific needs and capacity of the applicable development. These required standards may be used to achieve an average vehicle occupancy rate (VOR) of 1.3. Property owners of all applicable developments shall include in their project site development plans provisions to address each of the following capital improvements:

1.

Transit facilities (on-site and off-site);

2.

Bicycle facilities; and

3.

Rideshare facilities.

C.

All property owners of applicable new developments and change of use developments shall establish "operational standards" within sixty (60) days after occupancy of the development by an employer. Operational standards shall consist of standards which employers, TMAs or a managing office of an applicable development must implement to achieve the goals of SCAQMD's Regulation XV program.

D.

The following options may be included in the property owner's TDM plan to fulfill both the capital improvement standards and the operational standards:

1.

Alternate work schedules/flex-time: incorporating alternate work schedules and flex-time programs (such as a nine (9)-day/eight (8)-hour or four (4)-day/forty (40)-hour work schedule);

2.

Telecommuting: establishing telecommuting or work-at-home programs to allow employees to work at home or at a satellite work center;

3.

Bicycle facilities: providing bicycle parking facilities equal to five percent (5%) of the total required automobile parking spaces; and preserve two percent (2%) of the gross floor area for employee locker and shower facilities;

4.

On-site employee housing and shuttles: providing affordable on-site housing and shuttles to and from residential and 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 daycare 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.

Airport shuttle service to hotels and spas;

14.

Contributions to funds providing regional facilities such as park-and-ride lots, multimodal transportation centers and transit alternatives in the area;

15.

Incentives for mass transit usage including, without limitation, provision of a bus pass, additional pay or flex-time;

16.

Implementation of increased parking fees or new fees;

17.

Restriction of business hours;

18.

Restriction of delivery hours;

19.

Providing a direct pedestrian path from the closest transit stop into the facility;

20.

Contributing up to one dollar ($1.00)/square foot to a housing subsidy fund so that affordable housing can be created closer to employer sites;

21.

Developing rideshare and shuttle programs at resorts/hotels;

22.

Creating a golf cart circulation system;

23.

If an applicable development is on a current transit route, providing a transit stop, shelter, trash barrels, benches, shade and wind protection, and bus turnouts;

24.

If an applicable development is not located on a current transit route, contributing to a fund which will be used to provide transit amenities;

25.

Provisions for the implementation of bicycle lanes; and

26.

Providing other creative or innovative strategies to reduce vehicle trips.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

Every application for a TDM plan approval shall be made in writing to the director on the forms provided by the planning division, shall be accompanied by a filing fee as set forth in Chapter 9.260 and shall include the following information:

1.

Name and address of the applicant;

2.

The proposed TDM plan;

3.

Such additional information as shall be required by the application form.

B.

The director or the director's designee shall inform the applicant within thirty (30) days of receipt of the application whether the application is complete. When the application is complete, the director shall take one (1) of the following actions:

1.

If the TDM plan is submitted in conjunction with application(s) for zone change, general plan amendment, site development plan(s)/permit(s), submit the TDM plan to the planning commission for its approval if associated with another development application; or

2.

If subsection (B)(1) of this section does not apply, the director shall render a decision on the TDM plan in accordance with Section 9.180.070.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

All applications for approval of TDM plans shall be approved, conditionally approved or disapproved by action of the director or planning commission, whichever is applicable, based upon the standards set forth in this chapter, within thirty (30) days after the application is found to be complete. A public hearing shall not be required for any TDM plan application unless it accompanies another permit application(s) which requires such a hearing. In this instance, the applicable time limits governing the requested approvals shall be in effect.

B.

The following findings must be made when a TDM plan is approved:

1.

The TDM plan conforms to all of the requirements of this chapter, the city's general plan, applicable specific plans, and with all applicable requirements of state law and the ordinances of this city.

2.

The TDM plan is reasonably calculated to provide a vehicle occupancy rate of 1.3 for the applicable development.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

Director as Decision-Making Authority. An applicant or other aggrieved party may appeal the decision of the director to the planning commission in accordance with Section 9.200.110 of this code.

B.

Planning Commission as Decision-Making Authority. An applicant or other aggrieved party may appeal the decision of the planning commission to the city council in accordance with Chapter 2.04 of this code.

(Ord. 564 § 1, 2017; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

Director (or designee) shall review an approved TDM plan for compliance with this chapter if any complaints of noncompliance are received by the city. In addition, the director shall annually review each of the currently outstanding approved TDM plans for compliance with this chapter. After review of an approved TDM plan, the director may require revision or resubmittal of the plan upon his or her finding that one (1) or more of the following conditions exist:

1.

The property owner is not complying with the TDM plan or the terms and/or approval conditions of the TDM plan;

2.

The TDM plan has failed to comply with SCAQMD requirements and the goals of this chapter to the level required by the TDM plan or its approval conditions; or

3.

Approval of the TDM plan was obtained by fraud or perjured testimony.

B.

In the event that the director determines that a TDM plan must be resubmitted, the plan shall be resubmitted in accordance with the procedures outlined in this chapter as a new submittal and the applicant shall pay the specified fee for submittal.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

For purposes of ensuring that applicable developments comply with the provisions of this chapter, the director shall, following written notice to the property owner of an applicable development, initiate enforcement action or actions against such property owner or designee which may include, without limitation, the following:

A.

Withholding issuance of a building permit or occupancy permit;

B.

Issuance of a stop work order; and/or

C.

Any enforcement methods authorized by the municipal code.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

Each property owner who has received approval of a TDM plan or who is exempt pursuant to Section 9.180.040D shall submit to the planning division for review copies of all plans and reports submitted to SCAQMD pursuant to Regulation XV, and all approvals, enforcement letters, and other correspondence from SCAQMD regarding Regulation XV conformance. The director shall cooperate with the SCAQMD in enforcement actions initiated either by SCAQMD or the city.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)