Chapter 9.102 — TRANSPORTATION DEMAND MANAGEMENT

These regulations are intended to protect the public health, welfare and safety by reducing air pollution and greenhouse gas emissions caused by vehicle trips and vehicle miles traveled. It is intended to accomplish emission reductions by meeting the requirements of Section 65089(b)(3) of the California Government Code, which requires development of a trip reduction and travel demand element to the Congestion Management Plan (CMP), and Section 65089.3(a)(2) of the California Government Code, which requires adoption and implementation of Trip Reduction and Travel Demand Ordinances by local agencies.

(Ord. 355 § 2, 1992; Ord. 862 § 2, 2022)

For purposes of this chapter, the definitions for 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 ride-sharing, such as carpooling or vanpooling, as well as public transit, bicycling, low-speed neighborhood electric vehicles (LNEVs) 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 chapter. 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 meet or exceed the employment threshold.

"Bicycle facilities" means any capital improvements which would benefit an employee who rides a bicycle to their work site, 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 commercial space.)

"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 chapter as determined by the property owner.

"Employee" means any person employed by a firm, person(s), business, educational institution, nonprofit agency or corporation, government agency or other entity which employs one hundred or more persons at a single work site.

"Employment generation factors" refers to factors developed for 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, nonprofit agency or corporation, or other entity which employs one hundred or more persons at a single work site, and may either be a property owner or tenant of an applicable development project.

"Employment threshold" refers to the number of employees which a development must have for the TDM ordinance to be applicable to that employer.

"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 nonresidential project being processed where some level of discretionary action by a decision-making body is required.

"Operational standards" means standards to which employers, TMAs or a managing office of a development administered as one unit are subjected in order to achieve the mandatory ten-percent reduction in trips related to the project.

"Peak period" means those hours of the business day seven a.m. and nine 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.

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

"Site development plan/permit" means a plan of development subject to hearing before the planning commission, such as design review, conditional use permit, planned use development, and specific plan.

"Transit facilities" means any capital improvements which would benefit an employee who uses any form of transit to travel to the work site, including transit stops, shelters, bus turnouts, park-andride lots, and other transit amenities.

"Transportation management association (TMA)" means a voluntary entity of employers, property owners and other interested parties who share a mutual concern for local transportation problems. TMAs have the ability to collectively pool participants' resources to address these issues. A TMA must still meet a ten percent reduction in work-related trips for each individual applicable new development.

"Transportation demand management (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 period.

"Work site" means a building, or grouping of buildings located within the jurisdiction 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. 355 § 2, 1992; Ord. 862 § 2, 2022)

These regulations shall apply to all new development projects and/or change of use projects that are estimated to employ a total of one hundred or more persons. For the purpose of determining whether a new development project is subject to these regulations, the total employment figure will be determined as follows:

• A. Employment projections developed by the project applicant, subject to approval by the city planner; or

• B.

1. Employment projections developed by the city planner using the following employee generation factors by type of use.

2. 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. 355 § 2, 1992; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)

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

• A. Development projects expected to employ fewer than one hundred persons;

• B. Temporary construction activities on any affected project, including activities performed by engineers, architects, contractors, subcontractors and construction workers;

• C. Temporary activities as authorized by the city when such temporary activities shall discontinue at the end of the designated time period;

• D. Subdivision of land for the purpose of creating sites for the future development of place of employment.

• (Ord. 355 § 2, 1992; Ord. 862 § 2, 2022)

• A. All applicable new developments (nonresidential developments which employ one hundred 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 traffic impacts associated with a proposed project and including design recommendations and mitigation measures, as appropriate, to address on- and off-site project impacts. Said TDM plan shall include a trip reduction plan to reduce work-related vehicle trips by ten percent from the expected number of trips related to the project (as indicated in the Trip Generation Handbook published by the Institute of Traffic Engineers). The plan shall also indicate specific strategies and guidelines to reduce the amount of trips and increase the amount of nonvehicular transportation.

• B. All developers of applicable new developments and/or change of use shall be subject to required capital improvement standards as specified herein. These standards must all be addressed to determine if they are applicable to the development. These required standards may be used to achieve the mandatory reduction of ten percent in the expected number of trips related to the project. Developers 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). If an applicable development is on a current transit route, if not already existing in close proximity, provide a transit stop including a shelter, trash barrels, benches, and shade and wind protection. Also included where appropriate should be a bus turnout and a direct pedestrian walkway from the development;

  2. Provisions for the implementation of bicycle lanes, including bicycle parking facilities equal to five percent of the total required automobile parking spaces, and reserving a minimum of one percent of the gross floor area for employee locker and shower facilities; and

  3. Rideshare facilities, including rideshare vehicle loading areas, preferential parking for carpool vehicles, and vanpool vehicle accessibility.

• C. Operational standards must be established sixty days after occupancy of the development by an employer.

• D. The following options may be included in the developer's TDM plan to fulfill both the capital improvement standards and the operational standards:

  1. Alternate Work Schedules/Flex-Time. Incorporate alternate work schedules and flex-time programs (such as a 9/80 or 4/40 work schedule);

  2. Telecommuting. Establish telecommuting or work-at-home programs to allow employees to work at home or at a satellite work center;

  3. On-Site Employee Housing and Shuttles. Provide affordable on-site housing and shuttles to and from residential and work areas;

  4. Information center for transportation alternatives;

  5. On-site child care facilities;

  6. Availability of electrical outlets for recharging of electric vehicles;

7. On-site amenities such as cafeterias and restaurants, automated teller machines, and other services that would eliminate the need for additional trips;

   8. Airport shuttle service to hotels and spas;

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

   10. Incentives for mass transit usage, including provision of a bus pass, additional pay, flextime, or others;

   11. Implementation of increased parking fees or new fees;

   12. Restriction of business hours;

   13. Restriction of delivery hours;

   14. Contribute up to one dollar per square foot to a housing subsidy fund so that affordable housing can be created closer to employer sites;

   15. Develop rideshare and shuttle programs at resorts/hotels;

8. Create golf cart circulation system;

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

10. Other strategies submitted by the developer to the satisfaction of the city planner. (Ord. 355 § 2, 1992; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)

The city planner, or designee, shall inform the applicant of a transportation demand management review application of the completeness of such an application within thirty days of receipt. Once the application is complete, the city planner or designee shall either approve or deny the application within sixty days or forward the application to the city council for their approval, assuring that the application is processed expeditiously (within ninety days from the date the application was deemed complete).

(Ord. 355 § 2, 1992; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)

• A. A request for TDM approval shall be made through application forms provided by the city planner.

• B. A processing fee shall be paid at the time the application is filed. The fee shall be as established by city council resolution.

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

• D. The city planner shall review applications and arrive at recommendations or approvals as appropriate, by considering aspects of conformance with this chapter.

• (Ord. 355 § 2, 1992; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)

• A. The city planner shall review approved TDM plans annually for compliance to this chapter by sampling twenty-five percent of implemented TDM programs. This sampling will result in either renewal of a TDM program if the TDM plan is reducing work-related trips by ten percent, or denial of a renewal due to noncompliance with these regulations. If a TDM plan is not renewed, an updated plan must be submitted by the applicable development (developer, owner, employer or managing office) within thirty days of the denial of renewal. A follow-up review for compliance of the updated TDM plan will take place within ninety days.

• B. The city planner shall also review any approved TDM plan for compliance if complaints about a TDM plan and its noncompliance are recorded to the city.

• (Ord. 355 § 2, 1992; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)

For purposes of ensuring that applicable developments comply with the provisions of these regulations, the city 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 not be limited to, the following:

• A. Withholding issuance of a building permit or certificate of use and occupancy, or the cancellation of any permit issued if compliance no longer exists;

• B. Noncompliance infraction;

• C. Issuance of a stop work order; and

• D. Injunctive action or other appropriate court proceeding. (Ord. 355 § 2, 1992; Ord. 862 § 2, 2022)

• A. An appeal may be made by the property owner(s) or designee(s) of any applicable development regarding decisions made by the city planner on provisions of these regulations.

• B. Such appeals may be reviewed by the city council, who must act on such appeals within sixty days of such filing, unless the appellant agrees to a delay on such decision.

• (Ord. 355 § 2, 1992; Ord. 554 § 1, 2002; Ord. 862 § 2, 2022)