HomeMy WebLinkAboutORD-13-91 Establish Transportation Demand Management ProgramORDINANCE NO. 13-
91 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ESTABLISHING A
TRANSPORTATION DEMAND MANAGEMENT PROGRAM AND PROVIDING
FOR ENFORCEMENT OF ITS
REQUIREMENTS.WHEREAS, state law establishing requirements
for development of a countywide Congestion Management Program (
AB 1791) mandates the inclusion of a Trip Reduction and
Travel Demand Element/Ordinance;
and WHEREAS, other Transportation Demand Management (
TDM)program requirements have been adopted for the region
including Regulation XV and Appendix IV-G Control Measures of
the Air Quality Management Plan (
AQMP); and WHEREAS, generally, increased
traffic congestion contributes to significant deterioration in
air quality;increases the inefficient use of energy
resources; and adversely impacts public and private sector economics
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 transportation
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:
Section I:Chapter
17.77
TRANSPORTATION DEMAND
MANAGEMENT PROGRAM A new Chapter 17.77 is hereby added to
the Orange Municipal Code to read
section 17.77.010 - Purpose and POlicy New
commercial, industrial, and mixed-use development and
redevelopment resulting in the job site employment 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, it is the policy of the city of Orange
to:
A. Reduce the number of peak-period vehicle
trips generated in association with new development or redevelopment
to achieve a goal of 1.5 Average Vehicle Ridership (AVR) or
other standard as established by South Coast Air Quality
Management District (
SCAQMD).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;E. Achieve the most efficient use of local
resources through coordinated and consistent regional and/or local
TDM
programs.section 17.77.020 - Intent
This chapter is intended to meet the requirements of AB
1791, section 65089 (b) (3) which requires development of a trip
reduction and travel demand element to the CMP, and section
65089.3 (b) which requires adoption and implementation of a Trip
Reduction and Travel Demand Ordinance and meet the stated Trip
Reduction Policy objectives of the City of Orange.
This chapter is not intended to supersede, substitute for or
replace the requirements of the AQMD Regulation XV.
ORD. NO. 13-91
Section 17.77.030 - Definitions For
purposes of this Chapter if not herein before defined,
the definitions for the following words and terms shall
apply:A. "
Alternative Transportation Modes" means any mode of travel
that serves as an alternative to the single occupant motor
vehicle. This can include all forms of ridesharing such
as carpooling or vanpooling, as well as public and private
transit, bicycling or walking.B. "
Applicable Development" means any new development or redevelopment
project that is determined to meet or exceed the
employment threshold using the criteria contained in section
V of this ordinance.C. "
Average Vehicle Ridership (AVR)" means the number of employees
reporting to the worksite during the peak period divided
by the number of employee motor vehicles driven to the
worksite. The AVR is predicated on a typical two week consecutive
weekday average for both employees and motor vehicles
arriving or at the worksite between 6 a.m. and 10 a.
m. of each day. Tele-commuting, clean fueled vehicles or
compressed work weeks shall be credited in the AVR
calculation.
D. "Developer" means the individual, company or agency who
is responsible for the planning, design and/or construction
of an applicable development project. A developer may be
responsible for implementing the provisions of this
Ordinance. (See: Recorded Participation Agreement)
E. "Employee" means any person performing their normal
workday activities at a Work site of a firm, person(s),
business, educational institution, non-profit agency
or corporation, government agency or other
entity.F. "Employee Generation Factors" means the factors
adopted by the city for projecting the probable employment for
any proposed development or redevelopment project based on
the methodology in Section
V.G. "Employer" means any person(s), firm,
business,educational institution, government agency,
non-profit agency or corporation, or other entity which
employs persons at a single worksite, and may be either a property
owner or tenant of an applicable development
or
redevelopment project.H. "Facility(s)" means the total of
all buildings,structures and grounds that encompass a
worksite, and 3-ORD.
comprises or is associated with an applicable development or
redevelopment project.
I. "HOV" means High Occupancy Vehicles; typically
shuttle vans or buses.
J. "Immediate Accessibility" means walking distance
not to exceed 1/4 of a mile.
K. "Level Of Service (LOS)" means a measure of
operational quality of a road or intersection ranging from
LOS A (best) to LOS F (worst). As required by CMP
legislation, the Orange County LOS standard shall be not
worse than LOS E or the existing Level Of Service if it
is further from LOS A.
L. "Mixed-Use Development" means any development
or redevelopment project that combines anyone of these
land uses with another: commercial, industrial,
office professional, business park, or
residential.M. "Development Project" means any
non-residential development or redevelopment project being reviewed
by the city requiring review to determine concurrence
to existing codes or some level of discretionary action by
the City Planning commission and/or City Council,
inclusive of projects conditioned through
Development Agreements.N. "Complimentary TDM Actions" means those
actions or techniques necessary to support a TDM Facility
option. For example the Facility option for remote parking
would require a complimentary
employee shuttle.O. "Participation Agreement" means a
document duly signed by the Property Owner in recordable form,
to be recorded in the Office of the County Recorder,
stating that the subject property has specific Traffic
Demand Management requirements and said requirements are on file in
the Office of the
City Clerk.P. "Peak-Period" means those hours
of the business day between 6 a.m. and 10 a.m.
inclusive,
Monday through Friday.Q. "Property OWner" means
the legal owner applicable development project who
serves as the an employer or tenant. The
property owner shall responsible for complying with
the provisions of Ordinance either directly or
by delegating such responsibility, as appropriate, to an
employer or tenant.
See: Participation
Agreement)
of
the
lessor
be this to ORD.
R. "Remote Parking Facilities (Mode Mixer)" means an
off-site, principally employee oriented, parking
facility that services development by
HOV.S. "Site Development Plan" means a precise plan
of development or redevelopment requiring an approval by
the city Planning Commission, City Councilor by the
Department of Community
Development.T. "Tenant" means 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 of this Ordinance as determined by the
property owner. (See: Participation
Agreement)U. "Transportation Demand Management (TOM)" means
the implementation of programs, plans or policies designed
to encourage changes in individual travel behavior. TOM
can include an emphasis on alternative travel modes to
the single occupant vehicle (HOV) 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.V. "Trip Reduction" means reducing the
number of related trips occurring between 6 a.m. and 10 a.
m. inclusive Monday through Friday in
single-occupancy vehicles.W. "Worksite" means a building,
or grouping of buildings which are owned or operated by
the same property owner or employer (or by employers under
common control) and which either were or are to be developed under
a common site development plan whether or not
physically separated by public or private street right of way) or are
held out to the public to be one place of business under
a common name such as a shopping center, mall or
office building complex.X. "TDM Program Plan" means that plan
to be prepared by the project proponent that defines
those facility options and complimentary strategies, programs and
actions to be employed to achieve a goal of 1.5 AVR
for the subject worksite. This document, upon approval by
the city, shall be filed in the Office of
the City Clerk.Section 17.77.
040 - APPLICABILITY For the purpose of this Ordinance the
following methods may be used to estimate employment pursuant
to determining whether a new development, redevelopment, or
modification or improvement of an existing development project is
subject to the conditions of
this ordinance.Method A - Estimated employment per type of land use
or proportion thereof as determined by the
Project 5-ORD. NO.
13-
Applicant. Documentation allowing certification of
applicants employment projection is required in
conjunction with this method.
Method B - Estimated employment per type of land use or proportion
thereof shall be determined from Schedule
A - site Develooment Emolovee Generation and Parkinq
Reauirements.If employment
projection for modification or improvement of
an existing development, a proposed development or
redevelopment project is 100 or more the Applicant shall,
in accordance with section VI - Trio Reduction/TOM Strateqy
Plan and Reauired Actions and Reoorts, prepare a
plan, strategy or action to achieve a goal of 1.
5 AVR.section 17.77.
050 - TDM PROGRAM PLAN: AND REOUlRED ACTIONS AND REPORTS If,
pursuant to section
17.77.040 of this chapter, the modification or improvement of
an existing development, a new development or a
redevelopment results in a worksite having 100 or more
employees the City shall require programs, strategies and facility
options designed to achieve the 1.5
AVR goal, reduce peak hour vehicle trips and promote the use of
alternative transportation modes.The intent of this
section may be met by the following means:A. A TDM
Program
plan describing the facility options employed and complimentary actions
to be taken to meet the policy objectives of this
chapter shall accompany the project submittal to the
Community Development Dept. The program plan shall include,
but not be limited to:1. Trip reduction goal
for the project.2. Facility options described
in section VII
Comolimentarv Action.employed on
the project
as Facilitv ootions and 3.
Implementation Plan for
Complimentary Actions of the project as
described in section VII - Facilitv ootions and Comolimentarv Actions.4.
Responsibilities of property owner(
s) and employers in achieving and maintaining
program goal.5. A program for monitoring
and enforcement.B. upon approval of the
development ~nd the 'fOIl Program Plan the plan shall
be placed on file in the Office ORD. NO. 13-91 6-
of the City Clerk. A Participation Agreement shall be
recorded in the Office of the County Recorder. No building
permit or part thereof shall be issued until these actions
are complete.
C. On or before June 30 of each calendar year
commencing after the date approval of the TDM Program Plan
by the city, the Priority Owner will certify to the City, in
letter form, that the on-site improvements and
complimentary TDM actions are continuing in
effect.D. with the mutual consent of the participants
and upon approval of the City Council, requirements of
the approved TDM Program Plan may be
changed.section 17.77.060 - PROGRAM AND FACILITY OPTIONS AND
COMPLIMENTARY ACTIONS
The following represents those facility options and
complimentary actions that the owner of a development may
use to achieve the 1.5 AVR goal. The options and
complimentary actions may be used individually or in
combination and options methodologies, techniques and
actions not listed may be submitted for consideration:
FACILITY OPTIONS
A. Carpool/Rideshare
Parking Spaces
COMPLIMENTARY ACTION
Establish and maintain an
employee carpool/rideshare
program.
Identify person(s) in
responsible charge of program.
Designate preferential area
for carpool/rideshare parking
location.
Establish & maintain loading
area.
Regulate parking & loading
zone(s).
Establish participation
incentives.
B.Vanpool and/or HOV
Shuttle
Establish and maintain an
employee vanpool and/or HOV
shuttle program.
7-ORD. NO. 13-
Establish and maintain an
employee or contract service.
Identify person(s) in charge
of program.
Identify, if applicable, group
collection points.
Establish and maintain on-
site loading area(
s).Establish
participation
incentives.C.* Bus Bays (Off-Site)Provide all
right-of-way
and street improvements necessary to
construct a bus bay,boarding
area, bus bench or
shelter
conforming to city standards.
Provide bus use
incentives.Identify site location
relative to
regional trails and housing.D.*Bicycle Parking/
Storage Provide bicycle parking
racks) or locker
facilities.Provide shower
facilities.
Provide Bicycle use incentives.E.*Transportation Information
Establish, maintain and staff
Center (TIC) the TIC.Note: Mandatory requirement
Define TIC location, business for all development in
hours, and person in excess of 150,000
sq. ft. responsible charge.G.
F.A. Define activities.F.* Remote Parking
Facilities Participate in construction,
maintenance
and operation of facility.
Establish and maintain
an employee user program.
Participate in the purchase,
operation and maintenance of
the HOV support vehicles.
ORD. NO.
G.* Pedestrian Facilities
On-
site)H.* Pedestrian
Facilities
Off-site)I. Recreation/
Health
Facil-ities J. Restaurant
or
Eating Facilities K.
Parking Fees Provide
user incentives.Define
on-site pedestrian
circulation system interfacing
with adjacent public,
pedestrian
or private
facilities.Define amenities.
Provide accessibility to
compatible off-site
facilities shopping, eating,
recreation,parking, transit,
etc.).
Define amenities and improvements.Provide
for within a minimum
distance from
development if not on-
site.Identify hours
of operation.Establish employee incentives.
Provide for within a
minimum distance
from development if not
on-site.Identify
type of establishment
or facility (restaurant,
cafeteria, vending machines,catering
truck, etc.).Identify hours
of operation.Identify
amenities (
sit down,outside,
benches, tables,etc.).Establish
employee incentives.Provide for
parking
program for single occupancy employee vehicles.
Provide for no
fee/
reduced fee for carpool/rideshare vehicles.L.
Parking (Employee) Reduction Establish and
maintain those TDM
measures which would proportionately
reduce
the demand for employee
Program or facility options which may be required as
traffic operations improvements in conjunction with
development plan approval. These facilities may also be
included as part of TOM Program Plan.
THE TOM PROGRAM MAY INVOLVE PHYSICAL ON-SITE AND
OFF-SITE IMPROVEMENTS; PURCHASE AND MAINTENANCE OF
SPECIAL EQUIPMENT OR VEHICLES; TIME OR MONETARY INCENTIVES OR
SUBSIDIES, AND;
ADDITIONAL EMPLOYEES.Section 17.77.070 - ORDINANCE IMPLEMENTATION AND
MONITORING For the purpose of determining compliance to
the provisions of this chapter the City shall have the power
to:A. Apply and specify the requirements and
conditions of this chapter in conjunction with all other
development review
processes.B. Monitor and verify the recordation of the
program Participation
Agreement.C. Monitor and verify the Complimentary TOM
Actions if such actions are required. Monitoring and verifying
may include, but are not be limited
to:1. Verification of Annual Letter of
Compliance.2. Response to documented inquiries or
complaints.3. Random site
inspections.O. Provide consultation in the development
or explanation of new programs and projects as may be
initiated by the owner, city or other
agency.Section 17.77.080 - ENFORCEMENT; PENALTIES
To ensure that applicable developments comply with the
provisions and requirements of this chapter the city may
initiate enforcement actions which may include, but not be
limited to:
A. Facility Options and Required Complimentary TOM
Actions involving physical on-site and off-
site improvements shall be deemed incorporated into and made a part
of any conditions of approval of any Conditional Use
Permit or other conditional discretionary land use
or development approval for the project under the City'S
normal development review process and shall be further
identified and conditioned in the TOM
Program Plan.ORD. NO.
B. Failure to comply with any prov~s~on of this
chapter, including without limitation failure to certify
annual compliance on or before June 30 of any year, failure
to implement, or continue any required Facility Option or
any Complimentary TDM Action as specified in the TDM Program
Plan shall constitute a misdemeanor and shall be punishable
by a fine not to exceed $500 of or imprisonment for not more
than six months, or both, such fine and imprisonment each
day of any continued failure to comply shall be a separate
offense.
Each day of any continued failure to comply shall be a
separate offense.
No employer or Property Owner shall be deemed to be in
violation of this chapter if the failure to comply occurs
solely as a result of a temporary or permanent cessation of
work towards completing the development project in whole or
applicable part.
C. In addition to all other penalties and remedies
provided for, all further approvals and permits for the
affected development project, including without limitation,
grading permits, building permits, Certificates of Occupancy
and Conditional Use Permits, shall be withheld until such
time as compliance is satis~actorily demonstrated.
section 17.77.090 - APPEALS A.
An appeal may be made by the Property Owner or his designee
of any decisions made by the Community Development Director
regarding the applicability of this chapter, the approval,
disapproval or contents of any proposed TDM Program
Plan for the development project, including the necessity
of any required Facility Option on Complimentary Action.
B.
Such appeal may be filed with the City Planning Commission
for resolution, who must act on such appeal in conformance
with existing city codes.section
17.77.100 - FEES The Developer
or Property Owner shall pay to the City a fee in
the amount of the costs incurred by the city in administering, implementing
and verifying compliance with this chapter,
including staff time and materials used. The Director of
Community Development may require a deposit in the amount
of a reasonable estimate of such costs at the time the
proposed TDM Program Plan is submitted for review and approval.
Such deposit may be reviewed from time to time and
required to be increased on supplemental if the Director determines
that such deposit will be inadequate to 11-ORD.
NO. 13-91 1--
provide for the city's actual costs. Costs shall be charged
against such deposit as they accrue. Staff time shall be
charged at rates established by resolution of the City
Council from time to time. Fees for appeals under their
chapter shall be as required for appeals of other land use
decisions under the Orange Municipal Code.
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 the Orange city News, 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 21st
Attest:
MARILYN J. JENSEN, C.M.C.
city Clerk of the city of Orange
7
BY:(~.ML4d?a (JIA("~CASSANDRA CATHCART, C.M.C.
DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN J. JENSEN, City Clerk of the City of Orange,
California, do hereby certify that the foregoing ordinance
was introduced at the regular meeting of the city Council
held on the 14th day of May , 1991, and thereafter at
the regular meeting of said City Council duly held on the 21st
day of May , 1991, was duly passed and adopted by the
following vote, to wit:
AYES:COUNCIL MEMBERS: BARRERA, MAYOR BEYER, COONTZ, SPURGEON
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: STEINER
By:MARILYN J, JENSEN, C.M.C.
C1ty Clerk' o~ the City 'o~ orange