HomeMy WebLinkAboutORD-08-02 Delete Ch 17.40 & Add Ch 10.83- Transportation Demand Management ProgramI
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ORDINANCE NO. 8-
02 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE DELETING CHAPTER17.40
OF THE ORANGE MUNICIPAL CODE AND
ADDING CHAPTER 10.83 AMENDING THE CITY'
S TRANSPORTATION DEMAND
MANAGE-
MENT PROGRAM.WHEREAS, state law establishing requirements for development
of a countywide Congestion Management Program (AB 1791) mandates the inclusion
of a Trip Reduction and TravelDemand Element/
Ordinance; and WHEREAS, other Transportation Demand Management (
TDM) program requirements have been adopted for the region including Rule 2202 and
Appendix IV-B Transportation Control Measures of the Air Quality Management
Plan (AQMP); and WHEREAS, increased traffic congestion contributes
to significant deterioration in air quality, increases the inefficient use of energy resources,
and adversely impacts public and private sector economies due to reduced productivity of the
work force; and 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 facilities; and 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 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.NOW, THEREFORE, THE CITY COUNCIL OF THE
CITY OF ORANGE DOES
ORDAIN AS
FOLLOWS:SECTIONI:Chapter 17.40 is deleted
SECTION II:
Sections:
10.83.010
10.83.020
10.83.030
10.83.040
10.83.050
10.83.060
10.83,070
10.83.080
10.83.090
10.83.100
10.83.010
Chapter 10.83 is added to the Orange Municipal Code, to read as follows:
Chapter 10.83
TRANSPORTATION DEMAND MANAGEMENT PROGRAM
Purpose and Policy.
Intent.
Definitions.
Applicability.
Program Options and Facility Standards.
Optional Trip Reduction/TDM Strategy Plan and Annual Report.
Implementation and Monitoring.
Enforcement and Penalties.
Fees.
Appeals.
Purpose and Policy.
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. To more efficiently utilize the existing and
planned transportation system and to reduce vehicle emissions, it is the policy of the City
of Orange
to:A. Reduce the number of peak-period vehicle trips generated in
association with
additional development;B. 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;C. 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;D. Promote coordinated implementation of strategies on a countywide basis
to reduce transportation
demand;
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E. Achieve the most efficient use of local resources through coordinated and
consistent regional and/or local TDM programs.
10.83.020 Intent.
This Ordinance is intended to meet the requirements of California Government
Code Section 65089 (b) (3), which requires development of a trip reduction and travel
demand element to the CMP.
10.83.030 Definitions.
Definitions that are specific to Section VII (Optional Trip ReductionlTDM
Strategy Plan and Annual Progress Report) are preceded by an asterisk (*).
For the purposes of this Ordinance, the definitions for the following terms shall apply:
Alternative Transportation Mode means any mode of travel that serves as an
alternative to the single occupant vehicle. This includes all forms of ridesharing such as
carpooling or vanpooling, as well as public transit, bicycling or walking.
Applicable Development means any new development project that is determined
to meet or exceed the employment threshold using the criteria contained in Section
10.83.040 of this Ordinance.
Average Vehicle Ridership (A VR) is calculated by dividing the number of
employees who report to the worksite or another work related activity between 6 a.m. and
10 a.m. inclusive Monday through Friday by the number of vehicles driven by these
employees over that five-day period. The A VR calculation requires that a
five-consecutive-weekday average be used. The averaging period cannot contain
a holiday.Developer means the builder who is responsible for the planning,
design and construction of an applicable development project. A developer may be
responsible for implementing the provisions of this Ordinance as determined by the
property owner.Employee means any person employed by a firm, person(s),
business, educational institution, non-profit agency or corporation, government agency or
other entity that employs 100 or more persons at a
single work site.Employment Generation Factors refers to factors developed for
use by the jurisdiction for projecting the potential employment of
any
proposed development project.EmpIoyer means any person(s), firm, business,
educational
profit agency or corporation, government agency or other entity that employs 100 or more
persons at a single work site, and may either be a property owner or tenant of an
applicable development project.
Facility(s) means the total of all buildings, structures and grounds that encompass
a worksite, at either single or multiple locations, and that comprises or is associated with
an applicable development project.
Level of Service (LOS) means a measure of the operational 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 "E" or at the
existing LOS, whichever is further from LOS "A", for any intersection or roadway
segment.
Mixed-Use Development means new development projects that combine
anyone of these land uses with another: residential, office, commercial, light industrial,
and business
park.New Development Project means any non-residential project
being processed where some level of discretionary action by a decision-making body
is required. Projects covered by development agreements are not exempt from the TDM
requirement
of the CMP.Operational Programs and Strategies means implementation of
a range of techniques that require ongoing monitoring that can affect actual
business operations and employee behavior at the facility or worksite to encourage reduction
in peak-hour vehicle trips and use of alternative transportation modes. These
techniques may range from establishment of ridesharing programs to the use of parking fees,
cash allowances or other incentives or disincentives. Operational programs and strategies
are distinct from facility standards that encourage trip reduction through modifications
in
facility or worksite design.Peak Period means those hours of the business day between 6 a.m.
and 10 a.m.
inclusive, Monday through Friday.Property Owner means the legal owner of
the applicable development project who serves as the lessor to an employer or tenant. The
property owner shall be responsible for complying with the provisions of the Ordinance
either directly or by delegating such responsibility as appropriate to
an employer or tenant.Site Development Plan/Permit means a precise plan of
development that may be subject to public hearing before the Planning Commission and as
more fully described in Section 7-9-150.1 of
the 1989 Orange County Zoning Code.Tenant means the lessee of facility
space
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who also serves as an employer. A tenant may be responsible for implementing the
provisions of this Ordinance as determined by the property owner.
Transportation Demand Management (TDM) means the implementation of
programs, plans and policies designed to encourage changes in individual travel behavior.
TDM can include an emphasis on alternative travel modes to the single occupant vehicle
SOY) 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 means reducing the number of work related trips taken between
6 a.m. and 10 a.m. inclusive Monday through Friday in single-
occupancy vehicles.Worksite means a building, or group of buildings, located within
the jurisdiction 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).
10.83.040 Applicability.A. This Ordinance shall apply to all new
development projects that are estimated to employ a total of 100 or more persons as determined
by the methodology in Section
10.83.040 B.B. For the purposes of determining whether a
new development project is subject to this Ordinance, the total employment figure will
be determined as follows:I. Employment projections developed
by the project applicant,subj ect to approval by the
City of Orange; or 2. Employment projections developed by the
City of Orange using the following employee generation factors
by type of use:Land Use Categorv
Gross
Sq. Foot/
Emplovee
Commercial Regional
CommunityNeighborhood
Office/
Professional
Industrial
Hotel
500
500
500
250 525 0.8 - 1.2/
room The employment projection for a development of mixed or
multiple uses shall be calculated on a case-by-case basis
based upon the proportion of development devoted to each
type
10.83.050 Program Options and Facility Standards.
All applicable developments shall be subject to the Facility Standards as specified
in this section and shall include in their project Site Development Plans a provision to
include the improvements identified in either Option "A" or Option "B".
A. Option "A" Facilitv Improvements
1. Preferential Parking for Carpool Vehicles
a. At least 15% of the employee parking spaces shall be reserved and designated for
carpool vehicles by marking such spaces "Carpool Only".
b. 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 projects, or where a Reciprocal
Preferential Carpool Parking Agreement with other developments has been established.
c. Such carpool spaces shall be located near the building's employee entrance(s) or
at other preferential locations within the employee parking areas as approved by the City
Manager or his designee.
d, The total number of employee parking spaces shall be determined by using the
following factors by type of use as specified in the City of Orange ZoninglBuilding Code:
Tvoe of Use Total Parking Devoted to Emplovees
Commercial
Regional
Community
Neighborhood
Office/Professional
Industrial
Hotel
30%
85%
90%
15%
2. Bicycle Parking and Shower Facilities
a. Bicycle parking and locker facilities shall be provided in a secure location for use
by employees or tenants who commute to the site by bicycle. The number of
facilities/racks to be provided shall be at the rate of at least five racks for every 100
employees or fraction thereof.
b. A minimum of two shower facilities shall be provided, one each for men and
women.
3. Information on Transportation Alternatives
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a. A commuter information area shall be provided that offers employees appropriate
information on available transportation alternatives to the single-occupancy vehicle.
This area shall be centrally located and accessible to all employees or
tenants.b. Information in the area shall include, but not be limited to, the
following:I. Current maps, routes and schedules for public
transit;2. Ridesharing match
lists;3. Available employee incentives;
and 4. Ridesharing promotion material supplied by commuter-
oriented organizations.4. Rideshare Vehicle
Loading Areas a. The need for, design, and location of passenger loading areas to
embark and disembark passengers from rideshare vehicles shall be reviewed by the City
Manager or
his designee.b. Passenger loading areas shall be of a size large enough to
accommodate the number of waiting vehicles equivalent to the rate of at least five spaces per every
100 of the required parking spaces for
the project.c. The passenger loading areas shall be located as close as possible to the
building's employee entrance(s), and should be designed in a manner that does not
impede vehicular circulation in the
parking area.5. Vanpool
Vehicle Accessibility a, The design of all parking facilities shall incorporate provisions for
access and parking of van
pool vehicles.b. Where applicable, vanpool vehicle accessibility shall include a minimum
7'2"vertical clearance for those parking spaces and ramps to be used by
such vehicles.c. Vanpool parking spaces shall be located near the building's employee
entrance(s)or other preferential locations as approved by the City Manager or
his designee.d. The number of accessible vanpool parking spaces shall be at the rate of
at least two spaces per every 100 of the total required employee parking spaces as
determined in
Subsection A.!.6. Bus
Stop
a. Bus stop improvements including bus bays, bus pads, and right-of-way
for bus shelters shall be required for all applicable developments located along
high traffic volume streets and established
bus routes.b. Bus stop improvements shall be determined in
conformance with standard traffic engineering principles including, but not limited
to,
the following:1. The frequency and relative impact of blocked traffic due to stopped
buses; and 2. The level of transit ridership at
the location,B. Option "B"
Facilitv Improvements 1. A percentage of parking spaces, located as close as is practical to the
entrance(s)of the use they are intended to serve, shall be reserved for the use of carpool
and vanpool vehicles, as determined by the approval body for the
proposed use.2. Secure, adequate and convenient storage shall be provided
for bicycles.3. Bus bays, bus stops and bus shelters shall be provided adjacent to
roads and streets traversing or bounding the Development, as requested by the City
of Orange.4. A Transportation Information Center shall be provided within each
building of over 25,000 gross
square feet.5. A shower and locker room facility for Employees of each sex shall be
provided in each building of 100,000 or greater gross square feet. For any
Development containing 100,000 or more total combined gross square feet, the City Manager or his
designee may elect, at his discretion, to approve a requirement imposed by City staff
on such Development to provide a shower and locker
room facilities.6. Sidewalks or other paved pathways following direct and safe routes
from the external pedestrian circulation system to each building in the Development
shall
be provided.10.
83.
060 Report.Optional Trip Reduction/TDM Strategy Plan and
Annual Progress The City of Orange may require all applicable development projects
to implement operational programs and strategies designed to reduce peak-hour
vehicle trips and promote the use of alternative transportation modes. It is intended
that such operational programs and strategies complement the Facilities Standards
required in Section
10.
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The intent of this section may be met by the following means:
A. All property owners or their designees (employers), in consultation with the City
Manager or his designee, shall submit a Trip ReductionlTDM Strategy Plan to the City
prior to the issuance of a Certificate of Use and Occupancy, or at another point prior to
the final action on the project where the City determines that the project's number of
employees and/or tenants can be reasonably estimated. This Plan shall identify initial
proposed programs and strategies for first-year baseline of facility occupancy that
can include, but not be limited to, the
following:1. Establishment of carpool, bus pool, or vanpool
programs;2. Vanpool purchase
incentives;3. Cash allowances, passes, or public transit subsidies
and purchase
incentives;4. Parking fees for single-
occupancy vehicles;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/cafeteria;12. On-
site commercial
services such as banks, restaurant, and
small retail;13. On-site day care facilities;
and 14.
Designation of an on-site Transportation Coordinator for the project.B. A single plan for
multiple facilities, where each facility is subject to the employee threshold under Section 10.83.
040, may be submitted covering all facilities so long as such plan
addresses the items under Subsection A for each facility site.C. All property
owners or their designees (employers) shall submit an Annual Report to the City Manager or his designee
within one year of the approval of the initial Trip ReductionlTDM Strategy Plan
by the City, and each subsequent year by the anniversary date of each Annual Report approval.
The Annual Report shall serve as an update of the original Trip
ReductionlTDM Strategy Plan that provides an analysis of the effectiveness of the operational
programs and strategies proposed for the facility(s). The Annual Report shall provide information
that can include, but not be limited to, the
following:1. The number of single-occupancy vs. rideshare
vehicles being
driven
2. The nwnber of single-occupancy vs. rideshare vehicles
being driven to the worksite daily at the end of the first year and
subsequent years of Plan
implementation;3. The results of an employee survey with a minimum response
rate of 75 percent of employees who report to work during the a.m,
peak-period that will document home-to-
work commute distances;4. Verification that incentives listed in the approved
TDM Plan were offered to employees as an inducement to travel to work
in other
than single-occupancy vehicles;5. A discussion of the usage levels by
employees
of the VarIOUS incentives;6. An evaluation of why the Plan did or did
not work, and an explanation of why and how the revised
Plan will succeed; and 7. A list of additional incentives which can
reasonably be expected to attain the A VR and LOS standards in the coming
year, if these standards were not attained
in the prior year.10.83.
070 Implementation and Monitoring.For the purpose of determining whether
applicable developments are complying with the provisions of this Ordinance, the City shall monitor such
compliance in a manner it deems appropriate and reasonable. Monitoring mechanisms may
include, but not be
limited to, the following:A. To verify compliance with the Facility
Standards required under
Section 10.83.050:1. Local procedures for Site
Development
Plan reView, as appropriate;2.
Field/Site inspections; and 3. Other building site reports/surveys that
the
City may deem appropriate.B. To monitor compliance with optional requirements
for Operational Programs and Strategies under Section 10.83.
060, the City may:1. Review and approve the baseline
Trip Reduction/TDM Plan submitted per Subsection 1O,83.
060A
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with the building owner or designee (employer);
2. Review and approve the Annual Reports per Subsection
10.83.060C following consultation/negotiation with the building owner or
designee (employer); and
Require other reports, site surveys, or operational audits that may be deemed
appropriate.
10.83.080 Enforcement and Penalties.
For the purpose of ensuring that applicable developments comply with the
provisions of this Ordinance, the City of Orange shall, following written notice to subject
property owner or designee (employer), initiate enforcement action(s) which may include,
but not be limited to, the following:
A. To enforce compliance with the Facilities Standards under Section 10.83.050:
1. Withholding issuance of a Building Permit or Certificate of Use
and Occupancy; and
2. Issuance of Stop Work Order(s).
B. To enforce compliance with Operational Programs and Strategies under Section
10.83.060:
1. Withholding issuance of a Building Permit or Certificate of Use
and Occupancy until the initial Plan as specified in Subsection 10.83.060A
is submitted;
2. Imposing a penalty fee/fine if the Annual Report is not submitted
within 30 days following written notice from the City to that effect;
3. Imposing a penalty fee/fine if the initial Strategy Plan or
subsequent Annual Report modifications thereto are not implemented as
approved by the City; and
4. Notification of failure to comply with or make reasonable progress
toward the A VR or LOS performance standards established in Section
10.83.060 and those strategies contained in the Trip Reduction/TDM
Strategy Plan if monitoring by the City determines that such compliance or
progress is not being achieved; following notice of failure to comply,
requesting modifications in the mix of operational programs and strategies
under Section 10.83.060 that will be implemented to remedy inadequate or
non-performance; imposing a Performance Penalty Fee if
non-compliance or reasonable progress is not remedied following
requested
C. The Facilities Standards and Operational Programs and Strategies can include
provisions to guarantee perpetual compliance regardless of changes in property/ownership
through recorded Codes, Covenants and Restrictions (CC&Rs).
10.83.090 Fees.
For purposes of meeting its obligations under this Ordinance, the City of Orange
shall impose the following fees:
I. A Trip ReductionlTDM Strategy Plan Review Fee, as established in the Master
Schedule of Fees and Charges, will be assessed to the applicable development. Time spent
by City staff to complete the review of the Plan will be charged against the deposit posted
by the project applicant.
2. A subsequent Annual Report Fee, as established in the Master Schedule of Fees
and Charges, will be imposed at the time of each Report submittal. This fixed fee shall
be charged to all applicable developments for the purposes of defraying the costs of
processing and reviewing Annual Reports.
10.83.100 Appeals.
I. An appeal may be made by the property owner( s) or designee( s) regarding the
applicability of this chapter, or the disapproval or content of any proposed program plan
for a development proj ect.
2. Such appeal may be filed with the City Manager or his designee for resolution,
who must act on such appeal within 30 days of such filing in accordance with existing
city codes."
SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full
text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days
prior to the City Council meeting at which this Ordinance is to be adopted. A summary
of this Ordinance shall also be published once within fifteen (15) days after this
Ordinance's passage in a newspaper of general circulation, published, and circulated in
the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified
copy of the full text of such adopted Ordinance along with the names of those City
Council members voting for and against the Ordinance in accordance with Government
Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the
date of its final passage.
ADOPTED this 10th day of September, 2002
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ATTEST:
4-r A' P-t1c ~ -:T'lr ..
c~Cassandra J. Cath , CIty Clerk, CIty of
Orange STATE OF
CALIFORNIA )COUNTY OF
ORANGE )CITY OF
ORANGE )I, CASSANDRA J. CATHCART, City Clerk ofthe City of Orange, California,
do hereby certify that the foregoing Ordinance was introduced at the regular meeting of
the City Council held on the 27th day of August, 2002, and thereafter at the regular meeting
of said City Council duly held on the 10th day of September, 2002, was duly passed
and adopted by the following vote, to
wit:AYES:
COUNCILMEMBERS:NOES:
COUNCILMEMBERS:ABSENT:
COUNCILMEMBERS:ABSTAIN:
COUNCILMEMBERS:SLATER, ALVAREZ, MURPHY, COONTZ,
CAVECCHE
NONE
NONE
NONE i4-< -< ~ ~,:1:;1; (' 1::f7fr. ./ AA;;;t
Cassandra J. Cathc , City Clerk, City of Orange
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