Beaumont Municipal Code Ch. 10.42 Transportation Demand Management Requirements

For the purpose of this Chapter, the following terms shall apply:

"Alternative transportation modes" 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.

"Applicable development" means any new development project that is determined to meet or exceed the employment threshold using the criteria contained in this ordinance. An applicable development also includes developments which are owned and/or managed as one unit, such as a business park or shopping center that also meets or exceeds the employment threshold.

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

"Change of use" means a development or facility space of a lessee which has altered its initial use to another use not related to the previous. (Example: office space changes its use to a retail store).

"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 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 which employees 100 or more persons at a single worksite.

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

"Employer" means any person(s), firm, business, educational institution, government agency, non-profit agency or corporation, or other entity which employs 100 or more persons at a single work site, and may either be a property owner or tenant of an applicable development project.

"Employment threshold" means 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.

"Minimum standards" means 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 any land uses one with another.

"New development project" means any non-residential project being processed where some level of discretionary action by a decision making body 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 TDM strategies such as this Chapter identify as the priority period for reducing work related vehicle trips.

"Property owner" means the legal owner of the applicable development and/or its designee (i.e. developer).

"Rideshare facilities" means any capital improvements which would benefit an employee who rideshares to the worksite, including on-site amenities, preferential parking, and rideshare drop-off areas at the entrance of the worksite.

"Site development plan/permit" means a precise plan of development that may be subject to public hearing before the Planning Commission and/or City Council.

"Transit facilities" means 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" means a voluntary entity of employers, property owners and other interested parties who share a mutual concern for local transportation problems. TMA's 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" 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 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 group of buildings, located within the jurisdiction which are in physical contact or separated solely by a private or public roadway or other right-of-way, and which are owned or operated by the same employer (or by employers under common control).

(Ord. 953, 9-1-09)

A. This Chapter shall apply to all new development projects and/or change of use projects that are estimated to employ a total of 100 or more persons as determined by the methodology in this Section below:

B. For purposes of determining whether a new development project is subject to this Chapter, the total employment figure will be determined as follows:

1. Employment projections developed by the project applicant, subject to approval by the Planning Director; or

2. Employment projections developed by the applicant, using the following employee generation factors by the type of use.

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

(Ord. 953, 9-1-09)

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

A. Development projects expected to employ fewer than 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 the City Development Code, or as authorized by the City when such temporary activities shall discontinue at the end of the designated time period.

(Ord. 953, 9-1-09)

A. All applicable new developments (non-residential developments which employ 100 or more persons) which are owned and managed as one unit shall submit a Transportation Demand Management Plan prepared by a traffic engineer, transportation planner or other qualified professional identifying the traffic impacts associated with the proposed project and including design recommendations and mitigation measures, as appropriate, to address on and off site project impacts. Said TDM Plan shall comply with AQMD Regulation XV requirements and shall have the goal of achieving a vehicle occupancy rate (VOR) of 1.3. The Plan shall also indicate specific strategies and guidelines to reduce the amount of trips and increase the amount of non-vehicular transportation.

B. All property owners of applicable new development (non-residential development and/or changes of use shall be subject to the required capital improvement standards as specified in this Section. These standards must all be addressed to realize if they are applicable to their development. These required standards may be used to achieve the vehicle occupancy rate 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 and off site);

2. Bicycle facilities; and

3. Rideshare facilities. (See options in Section 10.42.040(D) for specific capital improvement strategies)

C. The TDM Plan also includes operational standards that shall be implemented within 60 days after occupancy of the development by an employer. Operational standards are standards which employers, TMA's or a managing office of a development administered as one unit are required to implement to achieve the goals of AQMD's Regulation XV program.

D. These options may be included in the property owner TDM Plan to fulfill both the capital improvement standards and the operational standards:

1. Alternate work schedule/flex-time;

2. Telecommunicating: Establish telecommunicating or work at home programs to allow employees to work at home or at a satellite work center;

3. Bicycle facilities: Provide bicycle parking facilities equal to five percent of total required automobile parking spaces; and preserve two percent of the gross floor area for employee locker and shower facilities;

4. On-site employee housing and shuttles: Provide affordable on-site housing and shuttles to and from the housing areas and the work areas;

5. Preferential parking for carpool vehicles;

6. Information center for transportation alternatives;

7. Rideshare vehicle loading areas;

8. Vanpool vehicle improvements;

9. Bus stop improvements;

10. On-site child care 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, multi-model transportation center, and transit alternatives in the area; IS. Incentives for mass transit usage including provision of a bus pass, additional pay, flex-time or other;

15. Implementation of a parking fee;

16. Restriction of business hours;

17. Restrict delivery hours;

18. Provide a direct pedestrian path from the closest transit stop into the facility;

19. Contribute up to $1.00/square foot to a housing subsidy fund so that affordable housing can be created closer to the employer;

20. Resort/hotel areas develop rideshare and shuttle programs;

21. Create golf cart circulation systems;

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

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

24. If an applicable development is not located on a major arterial, statements 22 and 23 should be considered;

25. Provision of a bicycle lane; and

26. Provide other creative or innovative strategies to reduce vehicle trips.

(Ord. 953, 9-1-09)

It shall be the responsibility of the Planning Director or Designee to inform the applicant of a transportation demand management review application, and that the determination of completeness of such an application be within 30 days of receipt. Once the application is complete, the Planning Director shall either approve or deny the application within 60 days or forward the application to the Planning Commission for their approval, assuring that the application is processed expediently (no more than 90 days).

(Ord. 953, 9-1-09)

A. A request for TDM approval shall be made through application forms provided by the Planning Department. The application for such approval shall be filed with the Planning Director within 30 days of receipt.

B. A processing fee shall be paid at the time the completed application is filed with the Planning Department. The fee shall be as established in the Planning Department Fee Schedule.

C. An application for TDM shall be supplemented by plans and other pertinent information to adequately portray all applicable aspects of a proposal.

D. The Planning Director shall review applications and arrive at recommendations or approvals as appropriate, by considering aspects of a conformance with this Chapter.

(Ord. 953, 9-1-09)

A. Each employer to which this Chapter applies shall submit to the Planning Director for review copies of all plans and reports submitted to the AQMD pursuant to requirements of Regulation XV. The Planning Director shall cooperate with the AQMD to assure that all TDM Plans comply with current AQMD Requirements. The City of Beaumont shall cooperate with the AQMD in enforcement action.

B. The Code Enforcement Officer shall also review any approved TDM Plans for compliance if complaints about the TDM Plan and its non-compliance are recorded to the City.

(Ord. 953, 9-1-09)

For purpose of meeting its obligations under this Chapter, the City Council of the City of Beaumont may set fees deemed necessary to review and monitor TDM Plans. (See Planning Department Fee Schedule). The following fees shall be imposed on the subject property owner(s):

1. A trip reduction/TDM Plan Review Fee as determined in the Planning Department Fee Schedule at the time of initial project application submission to the Planning Department;

2. A trip reduction/TDM Plan Renewal/Review for Compliance Fee as determined by the Planning Department Fee Schedule at the time of initial review by the Planning Department.

This shall be a fixed fee charge to all applicable developments for the purpose of defraying the costs of processing and reviewing the trip reduction/TDM Program.

(Ord. 953, 9-1-09)

For purposes of ensuring that applicable developments comply with the provisions of this ordinance, the Code Enforcement Officer shall, following written notice to subject property owner(s), initiate enforcement action(s) against such property owner(s) or designee(s) which may include, but are not limited to, the following:

1. Withholding issuance of a building permit or certificate of use and occupancy;

2. Non-compliance infraction;

3. Issuance of a stop work order. The Code Enforcement Officer may also penalize for non-compliance in other ways in his/her discretion.

(Ord. 953, 9-1-09)

A. An appeal may be made by the property owner(s) or designee(s) of any applicable development regarding decisions made by the Planning Director on provisions of this Chapter.

B. Such appeals may be reviewed by the City Council for resolutions, who must act on such appeals within 30 days of such filing.

(Ord. 953, 9-1-09)