Chapter 82-32 — TRANSPORTATION DEMAND MANAGEMENT

82-32.002 - Definitions.

As used in this chapter, the following terms shall have the following meanings:

(a)

"Residential Project" means any residential development application containing thirteen or more dwelling units that must be approved through a public hearing process and has not received final approval.

(b)

"Non-Residential Project" means any non-residential or, mixed-use development application that must be approved through a public hearing process and has not received final approval. Non-residential project also includes an application to expand an existing office or industrial structure that has at least five thousand square feet of gross floor area, by twenty-five percent or more of the structure's gross floor area.

(c)

"Sponsor" means the owner or developer of a residential or non-residential project.

(d)

"TDM" stands for "Transportation Demand Management."

(Ords. 2003-02 § 2, 92-31 § 3).

82-32.004 - Intent and purpose.

(a)

The intent of this chapter is to further the transportation goals of the County General Plan, the Measure C Growth Management Program, Contra Costa County's Congestion Management Program, and the Bay Area Clean Air Plan.

(b)

The purpose of this chapter is to implement the provisions of the general plan to promote a more balanced transportation system that takes advantage of all modes of transportation by:

(1)

Incorporating pedestrian, bicycle, and transit access into improvements proposed in development applications;

(2)

Incorporating the overall intent and purpose of this chapter into the land use review and planning process;

(3)

Allowing requests for reductions in the off-street parking requirements for residential or nonresidential projects that have a conceptual TDM Program;

(4)

Providing information to residents on opportunities for walking, bicycling, ridesharing and transit.

(Ord. 2003-02 § 2. See Ords. 97-12, 94-27, 94-26).

The requirements of this chapter shall apply to all development projects, residential or nonresidential.

(Ords. 2003-02 § 2, 92-31 § 3).

(a)

A project may qualify for reductions in off-street parking requirements pursuant to this section. A sponsor requesting parking reductions shall submit a conceptual TDM program to the community development department concurrently with the application for the project. If the tenant is known, the project sponsor and tenant shall jointly submit the conceptual TDM program.

(b)

Conceptual TDM Program. The conceptual TDM program shall identify TDM measures that can be demonstrated to attain the trip reductions necessary to qualify for the requested parking reductions. The department shall review the project's conceptual TDM program and make a recommendation to the division of the planning agency hearing the project application.

(c)

The sponsor shall include in the tentative map, land use permit, or development plan application, any improvements that will provide access to public transit, ridesharing opportunities and nonmotorized forms of travel.

(d)

If the project lies within a transit service area identified in the circulation element of the general plan, the sponsor shall consult with the transit service provider on the need to provide infrastructure to connect the project with the transit services. Evidence of compliance with this requirement may include correspondence from the local transit provider(s) regarding the potential need for installing bus turnouts, shelters or bus stops at the site.

(e)

Final TDM Program. The design and implementation of the final TDM program shall be a condition of a project's approval. The sponsor and all subsequent owners of the project shall provide deed notification of mandatory participation in the final TDM program to all subsequent purchasers and owners of the project.

(Ords. 2003-02 § 2, 92-31 § 3).

82-32.010 - Residential projects.

(a)

A sponsor of a residential project containing thirteen or more dwelling units shall prepare and implement a TDM program that includes at least the following:

(1)

Owner-Occupied Units. Upon a residential dwelling being sold or offered for sale, the sponsor shall notify and offer to the buyer or prospective buyer, as soon as it may be done, materials describing public transit, ridesharing, and nonmotorized commuting opportunities available in the vicinity of the project. Such information shall be transmitted no later than the close of escrow;

(2)

Rental Units. Upon a residential dwelling being rented or offered for rent, the sponsor shall notify and offer to the tenant or prospective tenant, materials describing public transit, ridesharing, and nonmotorized commuting opportunities in the vicinity of the development. The materials shall be approved by the community development department. The materials shall be provided no later than the time the rental agreement is executed.

The sponsor and all subsequent owners of the project shall provide deed notification of mandatory participation in the TDM program to all subsequent purchasers and owners of the project.

(b)

A sponsor shall include in the tentative map or development plan application, all improvements that will provide access to public transit, ridesharing opportunities and nonmotorized forms of travel.

(c)

A sponsor whose project lies within a local transit service area identified in the circulation element of the general plan shall consult with the local transit service provider on the need to provide infrastructure to

connect the project with transit services. Evidence of compliance with this requirement may include correspondence from the local transit provider(s) regarding the potential need for installing bus turnouts, shelters or bus stops at the site.

(d)

A sponsor of a project that is estimated to generate one hundred or more A.M. or P.M. peak-hour trips (based upon the trip generation rates from the ITE Trip Generation, 6th edition 1997, or the most current published edition) shall prepare a traffic study that demonstrates how the project will provide the necessary infrastructure to meet the traffic level of service standards and the performance standards as outlined in the growth management element of the general plan. The study shall be subject to the approval of the community development department and shall, at a minimum:

(1)

Include a traffic impact analysis if the project could cause a signalized intersection or a freeway ramp to exceed the applicable standards, including identifying mitigation measures to be implemented (which may include payment of fees), as necessary for the intersection or ramp to operate in conformance with applicable standards;

(2)

Identify any routes of regional significance and/or intersections with findings of special circumstances that would be affected by the project. (These routes and/or intersections will require alternate mitigation applicable to the appropriate action plan in the Measure C Growth Management Program.);

(3)

Identify any arterial or collector roads in the circulation element of the general plan that may be affected by the project. Determine whether the project will adversely impact these roads and if any mitigation measures will be required.

(Ords. 2003-02 § 2, 92-31 § 3).

Nonresidential projects will be analyzed to ensure conformity with applicable growth management standards.

(a)

A sponsor shall include in the tentative map or development plan application, all improvements that will provide access to public transit, ridesharing opportunities and nonmotorized forms of travel.

(b)

A sponsor whose project lies within a local transit service area identified in the circulation element of the general plan shall consult with the local transit service provider on the need to provide infrastructure to connect the project with transit services. Evidence of compliance with this requirement may include

correspondence from the local transit provider(s) regarding the potential need for installing bus turnouts, shelters or bus stops at the site.

(c)

A sponsor of a project that is estimated to generate one hundred or more A.M. or P.M. peak-hour trips (based upon the trip generation rates from the ITE Trip Generation, 6th edition 1997, or the most current published edition) shall prepare a traffic study that demonstrates how the project will provide the necessary infrastructure to meet the traffic level of service standards and the performance standards in the growth management element of the general plan. The study shall be subject to the approval of the community development department and shall, at a minimum:

(1)

Include a traffic impact analysis if the project could cause a signalized intersection or a freeway ramp to exceed the applicable standards, including identifying mitigation measures to be implemented (which may include payment of fees), as necessary for the intersection or ramp to operate in conformance with applicable standards.

(2)

Identify any routes of regional significance and/or intersections with findings of special circumstances that would be affected by the project. (These routes and/or intersections will require alternate mitigation applicable to the appropriate action plan in the Measure C Growth Management Program).

(3)

Identify any arterial or collector roads in the circulation element of the general plan that the project may affect. Determine whether the project will adversely impact these roads and if any mitigation measures will be required.

(Ords. 2003-02 § 2, 92-31 § 3).

A sponsor who is dissatisfied with the number of peak-hour trips as calculated pursuant to Section 8232.010(d) or Section 82-32.012(c) may conduct a study to determine the trip generation rate for the project. The study is subject to the approval of the community development department.

(Ord. 2003-02 § 2).