HomeMy WebLinkAboutNS-2505 - Amending Article XIII of Chapter 36 of the Code Relating to Transportation Demand ManagementORDINANCE NO. NS-2505
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING ARTICLE XIII OF CHAPTER 36 OF
THE CODE RELATING TO TRANSPORTATION DEMAND
MANAGEMENT
THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS:
Section 1. The City Council hereby finds, determines and declares as follows:
The California Legislature adopted Health & Safety Code section 40458
as an urgency measure in June of 1998 requiring the South Coast Air
Quality Management District (SC^QMD) to amend its Rule 2202 to
provide that transportation management demand planning would be
required only of businesses with 250 or more employees at a worksite
rather than businesses with 100 or more employees.
On January 11, 2002, SCAQMD amended its Rule 2202 to make this
change, among others.
Due to the amendment of this Rule and the Legislature's voiding of
SC^QMD Rules 1500 and 1501.1, the regulations in the Santa Ana
Municipal Code (Code) relating to transportation demand require updating.
Section 2. Article Xlll of Chapter 36 of the Code is hereby amended to read as
follows (new language shown as underlined and deleted language shown as strikeout
for tracking purposes only):
ARTICLE XlII. TRANSPORTATION MANAGEMENT
Sec. 36-600. Findings.
The city council of the city hereby finds and determines that:
(a) State law establishing requirements for development of a
county wide congestion management program (AB 1791) mandates the
inclusion of a trip reduction and travel demand management ordinance.
(b) Other transportation demand management (TDM) program
requirements have been adopted for the region including Re~dat4en--X~
South Coast Air Quality Management District Rule 2202, as amended, and
Appendix IV-E Control Measures of the 1991 Air Quality Management
Plan (AQMP).
Ordinance No, NS-2505
Page 1 of 16
(c) The growth management plan included in the revised traffic
improvement and growth management ordinance (Measure M) requires
jurisdictions to promote alternative forms of transportation and overall
transportation system efficiency by maximizing use of the existing
transportation network through transportation system management (TSM)
and transportation demand management (TDM) and calls for the adoption
of a TSM ordinance or alternative mitigation to reduce single occupancy
automobile travel.
(d) Increased traffic congestion contributes to longer travel
times, deterioration in air quality, and inefficient use of the existing
transportation system.
(e) The congestion management program (CMP) recognizes
and encourages the use of transportation demand management (TDM)
strategies to promote alternative transportation methods and improve the
general efficiency of the transportation system by enhancing vehicle flow
and shifting demand on existing transportation facilities through
encouraging changes in individual travel behavior.
(f) Implementation of TDM strategies at the local government
level would provide public benefits by improving air quality and enhancing
the effectiveness of the existing transportation system.
(g) Coordinated TDM efforts among all local jurisdictions in the
county can contribute to improvements in air quality and the efficiency and
effectiveness of the transportation system including reductions in traffic
congestion.
(h) This article serves to codify standards of transportation
demand management and transportation system management which,
prior to its adoption, were imposed on development projects as conditions
of approval through the city's environmental review process.
Sec. 36-601. Definitions.
For the purposes of this article, 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 can include all forms of
ridesharing such as carpooling or vanpooling, as well as public transit,
bicycling or walking.
Ordinance No. NS-2505
Page 2 of 16
Applicable development means any new development project that is
determined to meet or exceed the employment threshold using the criteria
contained in section 36-604 of this article.
CC&R's means a declaration of covenants, conditions, and restrictions
applying to an applicable development site and running with the land, duly
executed by the owner thereof, in a form allowing recordation in the office
of the county recorder, which binds employers on such site to comply with
the TDM program approved for such site and which cannot be amended
or extinguished without the consent of the city.
Development project means a development project as defined by section
41-668 of this Code.
Director means the executive director of public works or any employee of
the city within the public works agency who is designated by the executive
director to act on his or her behalf in the enforcement of this article.
Operational programs and strategies means 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
which encourage trip reduction through modifications in facility or worksite
design.
Peak hour means any four (4) consecutive fifteen-minute periods that
occur during the peak period during which the highest vehicular volumes
on the street system adjacent to the project are recorded.
Peak period means those hours of the business day between 6 a.m. and
10 a.m. inclusive, Monday through Friday.
Performance requirement means a specified number of peak hour vehicle
trips conforming to the trip generation estimates of a development project
after a trip reduction credit has been applied.
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 this article
either directly or by delegating such responsibility as appropriate to an
employer or tenant.
Ordinance No. NS-2505
Page 3 of 16
Site plan means a plan submitted for a development project in accordance
with Division 3 (commencing with section 41-668) of Article V of Chapter
41 of this Code.
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 article as determined by the property
owner.
TDM penalty fee schedule means a schedule of fees to be imposed if a
trip reduction credit is granted and the performance requirement is not
satisfied.
TDM annual report means the annual report required to be submitted by
the property owner(s) or its designee documenting TDM activities
occurring over the past twelve (12) months and activities planned for the
next twelve (12) months.
TDM program means a program consisting of a TDM strategy plan and a
TDM penalty fee schedule which is prepared by any development project
applicant granted a trip reduction credit of up to ,~,~.~,,,,,,,,~ ~,--,~/~n~ ten per cent
(10%). The TDM program is recorded with the project covenants,
conditions and restrictions to assure perpetual operation of the plan
regardless of changes in project ownership.
TDM strategy plan means the plan, consisting of operational programs
and strategies, prepared by all development project applicants and
submitted to the city, whether or not a trip reduction credit is granted.
Transportation demand management (TDM) means programs, plans,
policies or projects designed to reduce demand on the transportation
system or maximize its efficient use. TDM can include, but is not limited to,
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; shifts in the time of vehicle commutes to other
than the peak period; or programs and projects to increase capacity on the
transportation system.
Transportation system management (TSM) means programs and projects
to increase the capacity of the existing transportation system. TSM can
include, but is not limited to, an emphasis on maximizing the use of the
existing transportation system through strategies such as signal
Ordinance No. NS-2505
Page 4 of 16
coordination, bus turnouts, channelization, one-way street systems, and
barrier systems.
Trip reduction credit means the number of peak hour vehicle trips by
which an environmental impact report or mitigated negative declaration
prepared for a development project has reduced the estimated traffic
generated by the project in anticipation of an effective TDM program. The
trip reduction credit may not exceed *"~'+",,,,,,~ ~v,/~'~ ten per cent (10%) of the
total number of peak hour trips.
Sec. 36-602. Intent of article.
This article is intended to meet the requirements of:
(a) Government Code Section 65089 (b)(3) which requires
development of a trip reduction and travel demand element as part of the
congestion management program, and Government Code Section
65089.3(b) which requires adoption and implementation of a trip reduction
and travel demand ordinance;
(b) The Orange County Revised Traffic Improvement and
Growth Management Ordinance (approved as "Measure M" by the voters
of Orange County in the general election of November 6, 1990)
requirement for the adoption of a transportation system management
(TSM) ordinance or alternative mitigation to reduce single occupancy
automobile travel.
Sec. 36-603. Policy.
Any development project that creates a site having c~c h-'-':drcd (~,OO) two
hundred fifty ~250) or more employees may adversely impact existing
transportation and parking facilities, resulting in deteriorating levels of
traffic service, increased motor vehicle emissions, and possibly significant
additional capital expenditures to augment and improve the existing
transportation system. All such projects shall be required to prepare and
submit a TDM strategy plan to the city. In order to more efficiently utilize
the existing and planned transportation system and to reduce vehicle
emissions, it is the policy of the city 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.
Ordinance No. NS-2505
Page 5 of 16
(c) Promote and encourage the implementation of flexible
working hours and parking management strategies.
(d) 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.
(e) Promote coordinated interjurisdictional implementation of
strategies to reduce transportation demand and increase transportation
system capacity.
(f) Achieve the most efficient use of local resources through
coordinated regional and local TDM and TSM programs.
(g) Complement, not duplicate, the South Coast Air Quality
Management District's Regulation XV and Appendix IV-E, Control
Measures of the 1991 Air Quality Management Plan.
(h) Assure perpetual compliance with approved TDM programs
regardless of changes in property ownership through recorded covenants,
conditions and restrictions (CC&R's).
Sec. 36-604. Applicability.
(a) This article shall apply to all development projects which will
result in places of employment that are, in the aggregate, estimated to
employ a total of c,",c ~.,,...4....~ /~n~
......... ,,..../ two hundred flffv (250) or more
persons, as determined by the methodology in subsection (b) below.
(b) For purposes of determining whether a development project
is subject to this article, the total employment figure shall be determined
by using employment projections developed by the project applicant,
subject to approval by the city. The project applicant shall use employment
generation factors generally consistent with the methodologies
recommended by the Urban Land Institute, the Institute of Traffic
Engineers, or other acceptable professional practices as determined
appropriate by the city.
Sec. 36-605. Facility standards.
All applicable development projects shall be subject to the facility
standards as specified in this section. A site plan submitted for city
approval by a project applicant shall include improvements and design
features required by such facility standards.
Ordinance No. NS-2505
Page 6 of 16
(a) Facility improvements:
(1) Preferential parking for carpool vehicles:
a. A specified percentage of the employee
parking spaces as determined by the project applicant
and the city 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 there are at least two (2) persons.
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.
(2) Bicycle parking and shower facilities:
a. Bicycle parking and locker facilities may 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
defined on the approved site plan.
b. Bicycle accommodations shall be encouraged
for those worksites near a regional bike trail and/or
within a three-mile radius of residential housing.
c. Shower facilities may be provided, one (1)
each for men and women.
(3) Information on transportation alternatives:
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 may include, but not be
limited to, the following:
(1) Current maps, routes and schedules for
public transit;
Ordinance No. NS-2505
Page 7 of 16
(4)
(5)
(6)
(2) Ridesharing match lists;
(3) Available employee incentives;
(4) Ridesharing promotional material supplied
by commuter-oriented organizations.
Rideshare vehicle loading areas:
a. The need for, design and location of areas to
load and unload passengers from rideshare vehicles
shall be determined by the city.
b. Passenger loading areas, where required, shall
be on-site and shall not conflict with fire lanes or
impede on-site circulation.
Vanpool vehicle accessibility:
a. The design of all parking facilities shall
incorporate provisions for access and parking of
vanpool vehicles.
b. Where applicable, vanpool vehicle accessibility
shall include a minimum seven feet two inches (7'2")
clear and unobstructed vertical for those parking
spaces and ramps to be used by such vehicles.
c. Vanpool parking spaces shall be located near
the buiiding's employee entrance(s) or other
preferential locations as approved by the city.
d. The number of accessible vanpool parking
spaces shall be determined by the project applicant
and the city.
Bus stop improvements:
a. Bus stop improvements including but turnouts,
bus pads, and right-of-way for bus shelters may be
required for all applicable developments located along
high traffic volume streets and established bus routes.
Ordinance No. NS-2505
Page 8 of 16
b. The location, type(s) of bus stop
improvements, and improvement standards shall be
determined by the city engineer.
c. On-site bus loading facilities may be required
for projects which require bus oading.
(7) Pedestrian facilities:
a. To facilitate pedestrian access to the site, on-
site sidewalks or other paved pathways following
direct and safe routes from the off-site circulation
system to each building in the development shall be
provided.
b. Pedestrian grade separations over arterial
streets connecting compatible facilities may be
required. Compatible facilities include, but aro not
limited to, worksite to shopping, eating
establishments, recreation, parking or transit facilities.
Sec. 36-606. TDM strategy plan.
(a) All applicable development projects which are approved by
the city shall be approved subject to conditions designed 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
facility standards required in section 36-605. Those applicable
development projects for which trip reduction credits are not granted shall
not be required to prepare a TDM program and participate in a penalty fee
program pursuant to section 36-607 of this article, but shall be required to
obtain city approval of a TDM strategy plan pursuant to subsection (b) of
this section.
(b) TDM strategy plans shall be submitted as follows:
Ordinance No. NS-2505
Page 9 of 16
(1) The owner of any applicable development project site
shall obtain the director's approval of a TDM strategy plan
"*';* .... ~ .... site plan approval,
prior to the issuance of a ...... , .......
building permit or certificate of occupancy, whichever occurs
first, or at such earlier time as the director may determine to
be necessary for environmental review of the development
project.
(2) The TDM strategy plan shall describe programs,
plans, policies, strategies, actions and projects to reduce
peak hour commuter related travel demand at the project
site. These may include, but are not limited to:
(a) Establishment of camool, buspool or vanpool
proorams.
(b) Vanpool purchase incentives.
(c) Cash allowances, passes or other public transit
subsidies and purchase incentives.
(d) Parking fees for sinqle occupancy vehicles.
(e) Full or partial parking subsidies for ridesharina
vehicles.
(f) Preferential oarkina for ridesharina vehicles.
(q) Computerized commuter rideshare matchino
services.
(h) Guaranteed ride-home program for
ridesharinq.
Alternative work week and flex-time schedules.
(i)
(k)
(I)
Telecommuting or work-at-home programs.
On-site lunch rooms/cafeterias.
On-site commercial services such as banks.
restaurant, and small retail.
(m) On-site day care facilities.
Ordinance No. NS-2505
Page 10 of 16
(n) Designation of an on-site Transportation
Coordinator for the Proiect.
(3~ The TDM strategy plan shall include a description of
the proposed project and a system, parking availability,
transit service, bicycle facilities, proximity to other activity
centers, commuter characteristics in the project vicinity, and
the existence of nearby transportation management
association(s), if any. It shall also identify performance
measures, TDM actions to be undertaken, trip reduction
impacts, and recommended mitigation measures.
{=3-)4~__) Compliance with the approved TDM strategy plan
shall be a condition of approval of the development project.
Sec. 36-607. TDM program.
(a) The city may grant a trip reduction credit of up to ...... j~.,v//~n~
ten per cent (10%) to a property owner or its designee if a TDM program is
prepared and submitted. Receipt of a trip reduction credit shall require
participation in a TDM program with a penalty fee schedule approved by
the director. The penalty fee schedule shall establish penalty fees in
proportion to the excess of peak hour vehicle trips over the performance
requirements.
(b) The TDM program shall describe actions to be taken to
reduce peak hour commuter related travel demand, including a discussion
of:
(1) Responsibilities of property owners and tenants.
(2) Facility improvements.
(3) Financial incentives.
(4) Vehicular operations.
(5) Monitoring, reporting, and enforcement.
(6) Contingency and remedial actions.
(c) The TDM program shall be designed and implemented to
ensure that traffic generated by the proposed project does not exceed a
specified number of peak hour vehicle trips (the performance requirement)
conforming to the trip generation estimates in the environmental impact
Ordinance No. NS-2505
Page 11 of 16
report or mitigated negative declaration issued for the project after the trip
reduction credit has been applied.
(d) Adherence to the performance requirement shall be
determined by conducting annual traffic counts at the driveway(s) of the
project site. It shall be the responsibility of the owner or associated owners
of the project site to provide traffic count documentation in accordance
with standards set by the director, Such documentation shall be subject to
city verification. Vehicles entering and leaving the project site during the
peak period shall be counted on Tuesday, Wednesday, and Thursday for
two (2) consecutive weeks during the period of January 15 through May
20 or September 20 through November 20. The average peak hour total
vehicular volumes shall be calculated and serve as the basis for
evaluation.
(e) The city shall notify the property owner(s) or its designee, in
writing, of failure to comply with the performance requirement.
(f) If the performance requirement is not satisfied, the property
owner(s) shall:
(1) Submit to the city a list of TDM actions that will be
implemented to reduce morning peak hour vehicle trips to
meet the performance requirement within one hundred
eighty (180) days of written notification by the city.
(2) Contingency actions to be taken in the event of not
meeting the performance requirement shall be described in
the TDM program. Remedies could include but are not
limited to:
a. Increasing the level of effort (i.e. financial and
other resources) for existing on-site TDM activities.
b. Initiating new on-site TDM activities.
c. Supporting off-site TDM efforts that have the
effects of reducing traffic levels in the vicinity of the
project.
d. Increasing the level of support for areawide
TDM efforts.
(3) At the end of the one hundred eighty-day period,
performance will be evaluated based upon compliance with
the performance requirement. No further measures to
Ordinance No. NS-2505
Page 12 of 16
reduce the project's peak hour vehicle trips will be necessary
if the performance requirement is met and continues to be
met as described from information provided in the TDM
annual report.
(4) Should the performance requirement not be satisfied
by the end of the one hundred eighty-day period, the
property owner(s) shall pay a TDM penalty fee in proportion
to the number of peak hour vehicle trips in excess of the
performance requirement. The amount of the TDM penalty
fee shall be determined in accordance with the penalty fee
schedule specified in the TDM program.
(5) The TDM penalty fee shall be paid to the city and
used as specified in the TDM program, or if no use is so
specified, the fee shall be deposited in the appropriate
transportation system improvement area fund established
pursuant to Article XII of Chapter 13,
(g) The recorded CC&R's shall include provisions to:
(1) Guarantee adherence to the performance
requirement;
(2) Assure perpetual operation of the TDM program
regardless of property ownership;
(3) Inform all subsequent property owners of the
requirements imposed by the TDM program; and
(4) Identify potential consequences of nonperformance,
including the penalty fee schedule.
(h) Each space use agreement (i.e. lease document) shall
include relevant clauses of the TDM strategy plan or TDM program as a
means to inform and commit tenants to participate in helping the project
meet the established performance requirements.
(i) The property owner(s) and tenants shall participate in an
areawide transportation management association if one is established.
(j) The TDM program shall encourage the response of tenants
to applicable regional and/or city transportation management regulations.
Sec. 36-608. TDM annual report.
Ordinance No. NS-2505
Page 13 of 16
All owners of property which is subject to a TDM program shall prepare
and submit an annual TDM report to the director within twelve (12) months
of the,..,,,,,"~;~* .... ,..,....,...' .... certificate of occupancy and each subsequent year by
the date of each annual report approval. The annual TDM report shall, at a
minimum, include:
(1) Building occupancy percentages;
(2) Morning peak hour vehicle trip counts;
(3) Documentation of the means of travel for employees as
compiled from an annual survey of employees; and
(4) A description of TDM activities occurring over the past
twelve (12) months and activities planned for the next twelve (12) months;
(5) Vehicle counts in accordance with section 36-607(d).
Sec. 36-609. Implementation and monitoring.
For the purposes of determining whether applicable developments are
complying with the provisions of this article, 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:
(1) To verify compliance with the facility standards required
under section 36-605:
a. Local procedures for site plan review, as appropriate;
b. Field/site inspections;
c. Other building site reports/surveys which the city may
deem appropriate.
(2) To monitor compliance with the TDM strategy plan, TDM
program and TDM annual report under sections 36-606, 36-607 and 36-
608:
a. Review and, if appropriate, approve the TDM strategy
plan submitted per section 36-606, following consultation
with the property owner or its designee;
b. Review and, if appropriate, approve the TDM program
submitted per section 36-607 following consultation with the
property owner(s) or its designee;
Ordinance No, NS-2505
Page 14 of 16
c. Review the annual reports submitted per section 36-
608;
d. Require the owner(s) or its designee to prepare and
submit other reports, site surveys, or operational audits
which may be deemed appropriate by the city.
Sec. 36-610. Enforcement and penalties.
For purposes of ensuring that applicable developments comply with the
provisions of this article, the city shall, following written notice to the
property owner or its designee, initiate enforcement action(s) which may
include, but not be limited to, the following:
(1) To enforce compliance of multiphased developments with
the facility standards under section 36-605, withhold issuance of a building
permit.
(2) To enforcement compliance with the TDM strategy plan and
TDM program under sections 36-606, 36-607 and 36-608:
a. Withhold issuance of a u,,,,,~ ....... certificate of
occupancy until the initial TDM strategy plan as specified in
section 36-606 and a report describing trip generation, level
of service, and travel impacts on the street system in the
vicinity of the project are submitted to the city;
b. Impose TDM penalty fees if the performance
requirement established in the TDM program as specified in
section 36-607 are not satisfied.
Sec. 36-611. Appeals.
Any decision of the director regarding the provisions of this article may be
appealed to the planning commission for resolution. The decision of the
planning commission shall be final.
Section 3. if any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Ordinance No. NS-2505
Page 15 of 16
ADOPTED this 5._~_~ day of Auqust, 2002.
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Alvarez, Bist, Christy, Franklin, McGuigan, Pulido,
Solodo (7)
Councilmembers: None (0)
Councilmembers: None (0)
Councilmembers: None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-2505 to be the original ordinance adopted by the City Council of the
City of Santa Ana on Auoust 5. 2002, and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2505
Page 16 of 16