Culver City Municipal Code Ch. 7.05 Motor Vehicle Air Quality Management

Section

Transportation and Air Quality Management

Mobile Source Air Pollution Reduction Fund

TRANSPORTATION AND AIR QUALITY MANAGEMENT

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALTERNATIVE TRANSPORTATION. The use of modes of transportation other than the single passenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking and bicycling.

BUSPOOL. A vehicle carrying sixteen (16) or more passengers commuting on a regular basis to and from work on a fixed route, according to a fixed schedule.

CARPOOL. A vehicle carrying two (2) to six (6) persons commuting together to and from work on a regular basis.

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The statute, being Cal. Pub. Res. Code §§ 21000 et seq., and its amendments that require all jurisdictions in the State of California to evaluate the extent of environmental degradation posed by proposed development.

EMPLOYEE PARKING AREA. The portion of total required parking used by on-site employees. For the purposes of this subchapter, employee parking shall be calculated using the following presumptions:

GROSS FLOOR AREA. The floor area measured between the interior of the exterior walls of every floor and partial floor within a building at, above, and below grade, based on final detailed plans.

NET INCREASE IN GROSS FLOOR AREA. The difference between the amount of gross floor area on a new development site immediately before and after completion of a new development, as defined herein, including the amount of demolished and newly constructed gross floor area.

NEW DEVELOPMENT. The new construction of nonresidential building square footage which results in a net increase in gross floor area, as defined herein, that equals or exceeds the project size threshold criteria set forth in § 7.05.015 below.

PREFERENTIAL PARKING. On-site parking spaces designated or assigned through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a regular basis, that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles.

PROPERTY OWNER. The legal owner of a development who may serve as the lessor to a tenant.

SERVICE AREA. The area surrounding a development project within a one (1) mile radius of local fixed route bus operator(s) and a two (2) mile radius of express and rail transit operators which may constitute the area serviced by potentially impacted transit operators.

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD). The regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin (the non-desert portions of Los Angeles, Orange, Riverside, and San Bernardino Counties).

TENANT. The lessee or sublessee of facility space at an applicable development project.

TRANSPORTATION DEMAND MANAGEMENT (TDM). The alteration of travel behavior—usually on the part of commuters—through programs of incentives, services, and policies. TDM addresses alternatives to single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).

TRIP REDUCTION. Reduction in the number of work-related strips made by single occupant vehicles.

VANPOOL. A vehicle carrying seven (7) to fifteen (15) persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven (7) to fifteen (15) adult passengers, and on a prepaid subscription basis.

VEHICLE. Any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.

('65 Code, § 39-1) (Ord. No. 93-004 § 1 (part))

Prior to certification of any Environmental Impact Report (EIR) prepared for a development project pursuant to the requirements of the California Environmental Quality Act (CEQA), as amended, the EIR preparer shall identify and consult with regional and municipal fixed-route transit operators providing service to the project. The EIR preparer shall use the “Transit Impact Review Worksheet,” contained in the Los Angeles County Congestion Management Program Manual, or a similar worksheet, to assess transit impacts. Pursuant to the provisions of CEQA, fixed-route transit operators providing service to the service area of the project shall be sent a Notice of Preparation (NOP) for all EIR's and shall, as part of the NOP process, be given an opportunity to comment on the impacts of the project, to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the Draft EIR prepared for the project. Transit mitigation measures which are adopted shall be monitored pursuant to the mitigation monitoring requirements of CEQA.

('65 Code, § 39-2) (Ord. No. 93-004 § 1 (part))

A. Applicability of requirements.

1. Prior to occupancy of any new development, the property owner or applicable heirs, assigns or successors in interest, shall make lasting provisions for, at a minimum, all of the following transportation demand management and trip reduction measures, found in Subsection B. below.

2. The requirements of this Section shall apply to any new development that results in a net increase of twenty-five thousand (25,000) or more gross square feet of floor area.

3. This Section shall not apply to projects for which an application for new development has been deemed “complete” by the City pursuant to Cal. Gov't Code § 65943, or for which an application for a building permit has been filed, prior to the effective date of this Section.

B. Development standards.

1. Prior to issuance of a certificate of occupancy for any new development that equals or exceeds twenty-five thousand (25,000) gross square feet, the developer shall provide and continuously maintain the following which shall be met to the satisfaction of the City Planner and Director of Transportation:

a. A bulletin board, display case, or kiosk displaying transportation information in a prominent area accessible to the greatest number of employees shall be installed. Such required information shall include, but is not limited to, the following:

(1) Current maps, routes and schedules for public transit routes serving the site;

(2) Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency, transportation management associations, and local transit operators;

(3) Ridesharing promotional material supplied by commuter-oriented organizations;

(4) Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information; and

(5) A listing of any other facilities and resources that may be available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

All information required by this Section shall be regularly stocked on a periodic basis.

2. Prior to issuance of a certificate of occupancy for any new development that equals or exceeds fifty thousand (50,000) gross square feet, the developer shall comply with Subsection B.1. of this Section and shall comply with the following requirements to the satisfaction of the City Planner and Director of Transportation:

a. Not less than ten percent (10%) of the employee parking area shall be located as close as is practical to the employee entrance(s) without displacing handicapped and customer parking needs. These spaces shall be reserved for use by potential carpool or vanpool vehicles. This preferential parking shall be identified on the site plan accompanying the application for a building permit. Spaces shall have signs that designate them for employee carpool and vanpool vehicles.

b. Preferential parking spaces reserved for employee vanpool shall be accessible to vanpool vehicles. When located within a parking structure, a minimum interior vertical clearance of eight (8) feet two (2) inches shall be provided for those spaces and accessways to be used by vanpool vehicles. Adequate turning radii and a minimum parking space dimension of nine (9) feet wide by eighteen (18) feet in length shall be provided for vanpool parking areas.

c. Bicycle racks or other secure bicycle parking shall be provided to accommodate four (4) bicycles for the first fifty thousand (50,000) gross square feet of new development, and one (1) bicycle for each additional fifty thousand (50,000) gross square feet of new development. Calculations which result in a fraction of one-half (½) or higher shall be rounded up to the nearest whole number. Secure bicycle parking may consist of a fully enclosed space or a locker accessible only to the owner or operator of the bicycle which protects the bicycle from inclement weather. Specific facilities and their location (e.g., provision of racks, bicycle storage lockers or locked room) shall be provided to the satisfaction of the City Planner and Director of Transportation or designee.

3. Prior to issuance of a certificate of occupancy for any new development that equals or exceeds one hundred thousand (100,000) gross square feet, the developer shall comply with Subsections B.1. and 2. of this Section, and shall comply with the following requirements to the satisfaction of the City Planner and Director of Transportation:

a. The new development shall include sidewalks or other designated pedestrian pathways following direct and safe routes from the external pedestrian circulation system, vehicle and bicycle parking areas and transit facilities, to each building in the development.

b. If determined necessary by the City to mitigate the impacts of the new development, bus stop improvements shall be provided to the satisfaction of the Director of Transportation. The Director, in consultation with other local bus service providers, will determine appropriate improvements. When locating bus stops and/or planning building entrances, the City shall consider that commuters should be afforded entrances that are safe, efficient and that have direct access to nearby transit stations or stops.

c. A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers.

('65 Code, § 39-3) (Ord. No. 93-004 § 1 (part); Ord. No. 93-014 § 1)

All facilities and improvements required by this subchapter shall be maintained in a state of good repair.

('65 Code, § 39-4) (Ord. No. 93-004 § 1 (part))

All facilities and improvements required to be constructed pursuant to this subchapter shall be shown on building plans for the development and shall be monitored by the Planning Division and Transportation Department in the same manner that other CCMC requirements are currently monitored.

('65 Code, § 39-5) (Ord. No. 93-004 § 1 (part))

A. Criminal violations.

1. Any person or business that violates any provision of this subchapter shall be guilty of an infraction, except as otherwise provided in this Section, which shall be punishable in accordance with §§ 1.01.035 et seq. of this Code.

2. Any violation which would otherwise be an infraction shall constitute a misdemeanor which shall be punishable in according with §§ 1.01.040 et seq. of this Code if a defendant has been convicted of three (3) or more violations of this subchapter within the twelve (12) month period immediately preceding the violation. For this purpose, a bail forfeiture shall be deemed a conviction of the offense charged.

B. Civil liability. Any person of business found to be in violation of this subchapter shall be liable for a civil penalty in accordance with § 1.01.050 of the Culver City Municipal Code.

('65 Code, § 39-6) (Ord. No. 93-004 § 1 (part))

MOBILE SOURCE AIR POLLUTION REDUCTION FUND

This subchapter is intended to support the South Coast Air Quality Management District's (SCAQMD) imposition of the vehicle registration fee authorized by Cal. Health & Safety Code § 44223 and to bring the City into compliance with the requirements set forth in Cal. Health & Safety Code § 44243 in order to receive revenues generated by such fees for the purpose of implementing programs to reduce air pollution from motor vehicles.

('65 Code, § 33K-1) (Ord. No. 91-019 § 1)

For purposes of this subchapter, the following words and terms shall be defined as follows:

MOBILE SOURCE POLLUTION REDUCTION PROGRAMS. Any program or project implemented by the City to reduce air pollution from Motor Vehicles which it determines will be consistent with the California Clean Air Act of 1988 or the plan proposed pursuant to Cal. Health & Safety Code§§ 40460 et seq.

('65 Code, § 33K-2) (Ord. No. 91-019 § 1)

The City Treasurer shall establish a separate interest bearing trust fund account to receive all monies remitted to City pursuant to this subchapter. All interest earned by the trust fund account shall be credited only to that account.

('65 Code, § 33K-3) (Ord. No. 91-019 § 1)

All revenues received from the SCAQMD pursuant to this subchapter shall be exclusively expended on mobile source emission reduction programs. Such revenues and any interest earned on the revenues shall be expended within one (1) year of completion of such programs.

('65 Code, § 33K-4) (Ord. No. 91-019 § 1)

The City consents to an audit of all programs and projects funded by the trust fund account established pursuant to § 7.05.115, as required by Cal. Health & Safety Code § 44244.1.

('65 Code, § 33K-5) (Ord. No. 91-019 § 1)