Coachella Municipal Code Ch. 12.40 Transportation Demand Management Program

This chapter is intended to protect the public health, welfare and safety by reducing air pollution caused by vehicle trips and vehicle miles traveled. This chapter is intended to accomplish emission reductions by meeting requirements of AB 1791, Section 65089(b)(3) which requires development of a trip reduction and travel demand element to the congestion management plan (CMP), and Section 65089.3(b) which requires adoption and implementation of trip reduction and travel demand ordinances by local agencies.

(Prior code § 31-1)

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 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 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 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 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 the ordinance codified in 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 (100) or more persons at a single worksite.

"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 (100) or more persons at a single worksite, and may either be a property owner or tenant of an applicable development project.

"Employment threshold" refers to the number of employees which an applicable development must have for the TDM ordinance to be required of 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 permit" means any nonresidential 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 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 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 is subject to review and approval by the planning commission including a conditional use permit and architectural review.

"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. 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" 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; reductions or elimination of the number of vehicle trips, or shift in the time of vehicle commutes to other than peak period.

"Worksite" means a building, 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).

(Prior code § 31-2)

A. This chapter shall apply to all new development projects and/or change of use projects that are estimated to employ a total of one hundred (100) or more persons as determined by the methodology outlined in subsection B of this section.

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 department of community development; or

2. Employment projections developed by department of community development using the following employee generation factors by 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.

(Prior code § 31-3)

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

A. Development projects expected to employ fewer than one hundred (100) persons.

B. Temporary construction activities on any affected project, including activities performed by engineers, architects, contact 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.

(Prior code § 31-4)

A. All applicable new developments (nonresidential developments which employ one hundred (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 traffic impacts associated with a proposed project and including design recommendations and mitigation measures, as appropriate, to address on and off-site project impacts. Such TDM plan shall implement a trip reduction plan to reduce work-related vehicle trips by ten (10) percent from the expected number of trips related to the project (as indicated on 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 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 mandatory reduction of ten (10) percent in the expected number of trips related to the project. Developers of all applicable developments shall include in their project site development plan's provisions to address each of the following capital improvements:

1. Transit facilities (on and off site);

2. Bicycle facilities; and

3. Rideshare facilities.

C. Operational standards are standards which employers, TMAs or a managing office of a development administered as one unit are subject to require to achieve the mandatory ten (10) percent reduction in trips related to the project. These standards must be established sixty (60) days after occupancy of the development by an employer.

Those employers required to submit operations plans to the South Coast Air Quality Management District (SCAQMD) as imposed by Regulation XV shall not have any additional requirements for reviews of operational standards under this chapter. The TDM plan shall include a copy of the SCAQMD submittal for the city's information.

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 9/80 or 4/40 work schedule);

2. Telecommuting. Establishing telecommuting 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 the 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 residential and work areas;

5. Preferential parking for carpool vehicles;

6. Information center for transportation alternatives;

7. Rideshare vehicle loading areas;

8. Vanpool vehicle accessibility;

9. Bus stop improvements;

10. On-site child care facilities;

11. Availability of electrical outlets for recharging of electrical 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-modal transportation centers and transit alternatives in the area;

15. Incentives for mass transit usage including provision of a bus pass, additional pay, flex time or others;

16. Implementation of increased parking fees or new fees;

17. Restriction of business hours;

18. Restriction of delivery hours;

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

20. Provide [or] contribute up to one dollar ($1.00) per square foot to a housing subsidy fund so that affordable housing can be created closer to employer sites;

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

22. Create golf cart circulation system;

23. 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;

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

25. If an applicable development is located on a major arterial, statements 23 and 24 should be considered;

26. Provisions for the implementation of bicycle lanes; and

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

(Prior code § 31-5)

It shall be the responsibility of the director of community development, or designee to inform the applicant of a transportation demand management review application that the completeness of such an application must be within thirty (30) days of receipt. Once the application is complete, the director of community development shall either approve or deny the application within sixty (60) days or forward the application to the planning commission for their approval, assuring that the application is processed expediently (no more than ninety (90) days).

(Prior code § 31-6)

A. A request for TDM approval shall be made through application forms provided by the director of community development. The application for such approval shall be filed with the director of community development within thirty (30) days of receipt.

B. A processing fee shall be paid at the time the completed application is filed with the director of community development. The fee shall be as stated in Section 12.40.090.

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 director of community development shall review applications and arrive at recommendations or approvals as appropriate, by considering aspects of conformance with this chapter.

(Prior code § 31-7)

A. The department of community development shall review approved TDM plans annually for compliance to this chapter by sampling twenty-five (25) 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 (10) percent, or denial of a renewal due to noncompliance with this chapter. 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 (30) days of the denial of renewal. A follow-up review for compliance of the updated TDM plan will take place within ninety (90) days.

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

(Prior code § 31-8)

For purposes of meeting its obligations under this chapter, the city council of the city may set fees deemed necessary to review and monitor TDM plans. (See Ordinance No. 657). The following fees shall be imposed on the subject property owner(s):

A. A trip reduction/TDM plan review fee of one hundred twenty-five dollars ($125.00) at the time of initial project application submission to the director of community development;

B. A trip reduction/TDM plan renewal/review for compliance fee of seventy-five dollars ($75.00) at the time of initial review by the city.

This shall be a fixed fee charged to all applicable developments for the purpose of defraying the costs of processing and review of individual trip reduction/TDM programs.

(Prior code § 31-9)

For purposes of ensuring that applicable developments comply with the provisions of this chapter, 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;

B. Noncompliance infraction; and

C. Issuance of a stop work order.

The city may also penalize for noncompliance in other ways [as] they may deem necessary.

(Prior code § 31-10)

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

B. Such appeals may be reviewed by the city council of the city for resolutions, who must act on such appeals within thirty (30) days of such filing.

(Prior code § 31-11)