Lindsay Municipal Code § 10.10 Transportation Demand Management Program

1. The purpose of this chapter is to promote the development of transportation demand management (TDM) programs at all new developments within the city. In order to accomplish this purpose, this chapter establishes certain requirements to enable the city to evaluate the effectiveness of TDM programs and to chart progress toward achieving the average vehicle ridership goals established in this chapter. It is also the purpose of this chapter to require certain employers to designate specified individuals to ensure the proper coordination of such reporting and implementation programs.
2. This chapter is intended to meet the requirements of Government Code Section 6508(a) et seq., which mandates the development of a trip reduction and travel ban element of the congestion management program adopted by the Tulare County Association of Government/Transportation Planning Agency (TCAG/TPA). Further, the legislation requires all local agencies to prepare and adopt a TDM ordinance.

(Ord. 450 § 1 (part), 1993)

As used in this chapter, the following words and terms shall have the meanings herein described:

"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.

"APCD" means the San Joaquin Valley Unified Air Pollution Control District.

"Application project" means any development project that is determined to be a work site for the number of employees equal to or greater than the employee threshold number established by the city council.

"Average vehicle ridership (AVR)" means the total number of employees assigned to a worksite, Monday through Friday, divided by the number of vehicles they drive from home to work. Credit may be given and the calculation for employee work trips eliminated during a biweekly no work period due to the use of compressed work week or telecommuting.

"Carpooling" means two or more persons traveling together in a single vehicle.

"Commute alternatives" means any form of commute transportation except by single-occupancy vehicle powered by an internal combustion engine.

"Commute coordinator" means an employee or contractor of an employer, whose responsibility is the day-to-day management of any transportation demand management program.

"Compressed workweek" means a work schedule for an employee which eliminates at least one round trip commute biweekly. For example, forty hours of work in four ten-hour days or a work plan that allows one day off every other week, known as the "9/80 plan."

"City engineer" means the city engineer of the city or his/her duly authorized designee.

"Designee" means any private entity, governmental agency or city employee designated by the city to administer all or any of the provisions of this chapter except those related to the bringing of enforcement actions under this chapter.

"Development project" means any nonresidential or mixed-use project requiring discretionary approval by the city.

"Director" means the director of community development for the city.

"Employee" means one who is assigned to the designated work site. An employee who works in the service of an employer for either wages or salary, as a contract employee under the direction of the work site employer or through a temporary service agency during a period of more than ninety days.

"Employee threshold" means the number of employees as defined in Section 10.10.030 of this chapter and set by resolution of the city council that determines when the terms of this chapter apply to an employer.

"Employer" means any public or private employer, including the city, which has a work site in the city. For purposes of this chapter, the annual average number of full-time employees on the day shift at the designated work site shall determine the size of the employer.

"Flexible work hours" means a variation of an employee's work hours to provide an incentive for the employer to use commute alternatives. "Improvement plans" means plans submitted to the city as part of an application for a building permit for new nonresidential development or expansion of existing or change of use (as defined by the Uniform Building Code) of any nonresidential building facility.

"Mixed-use development" means the development of a parcel or structure with two or more different land uses such as, but not limited to, a combination of limited residential, office, commercial retail, public or entertainment in a single or physically integrated group of structures.

"Peak period" means seven a.m. to nine a.m. and four p.m. to six p.m., Monday through Friday, excluding federal holidays. Peak periods shall mean employees commute trips to a work site where the employees workday begins.

"Person" means an individual, trust, firm, joint stock company, corporation, partnership, association or other business entity, city, county, district, the state, department or agency thereof, or the United States, to the extent authorized by law.

"Single-occupancy vehicle" means a motor vehicle occupied by or for an employee for commute purposes.

"Site development plan" means a plan of development that is subject for public hearing before the city council or project review committee.

"Telecommuting" means a system of either working at home or at an on-site work station with computer facilities that line to the work site.

"Transportation demand management (TDM)" means the provision of information, assistance, incentives or other measures designed to meet an average vehicle ridership (AVR) and which is intended to reduce the number of vehicles with internal combustion engines driven on streets or highways to work site(s).

"Transportation management association (TMA)" means an organization through which developers, employers and/or local governments cooperate in designing, implementing or evaluating TDM programs.

"Transportation system management (TSM)" means low cost improvements to the transportation system (roads and transit) which increase the operational efficiency and/or capacity of the system.

"Trip reduction" means reducing the number of work related trips on streets or highways taken during work week hours in single-occupancy vehicles powered by internal combustion engines.

"Vanpool" means a van occupied by five or more persons traveling together.

"Work site" means a building or group of buildings which are in actual physical contact or separated solely by a private roadway or easement and which are owned and operated by an employer.

(Ord. 450 § 1 (part), 1993)

This chapter shall apply to all new employers (both public and private) within the city with the employee threshold number or more employees, defined by resolution of the city council. All new development projects that are estimated to generate, either in the project itself or as a result of adding the project to an existing development, the employment of the employee threshold number or more persons, as determined by using the threshold number or more persons, by using the methodology set forth in subsection A of this section.

1. For purposes of determining whether a new development project is subject to this chapter, the total number of employees which the project is estimated to generate will be determined by the city as follows:
2. Employment projections developed by the project applicant, subject to approval by the city engineer or responsible staff; or
3. Employment projections developed by city engineer or responsible staff using the latest Institute of Transportation Engineer's "Trip General Manual"; or
4. In the case of a multi-use development, the employment projection shall be calculated on a case-by-case basis based upon the proportion of development devoted to each type of use.
5. The employment projections for land uses not identified above shall be determined pursuant to subsection A1 above.
6. The employer shall be responsible for complying with the provisions of this chapter.

(Ord. 450 § 1 (part), 1993)

An average vehicle ridership goal shall be established by a resolution of the city council for each employer participating in this program and is intended to measure progress toward a reduction in vehicle trips to the work site.

The following AVR goals are established in order to achieve and measure progress toward a net increase in the use of commute alternatives and a reduction in vehicle trips to the worksite:

1. By July 1, 1994, AVR goal shall be 1.3.
2. By July 1, 1997, AVR goal shall be 1.4.
3. By July 1, 2000, AVR goal shall be 1.5.

(Ord. 450 § 1 (part), 1993)

All employers who meet the employee threshold criteria shall be responsible for the preparation and submittal of a transportation demand management plan. The plan shall be prepared to meet the average vehicle ridership (AVR) goal. The plan shall include the following sections:

1. Employee profile of the business.
2. Exiting average vehicle ridership.
3. Transportation demand management strategies selected for implementation.
4. Implementation timetable.
5. Monitoring program.
6. Contact person or commute coordinator.

(Ord. 450 § 1 (part), 1993)

The following strategies should be considered when developing employer based transportation demand management plans or as part of the design of new projects or the remodeling of existing development:

1. Ride Share Programs. The establishment of a carpool/vanpool program for the employer (if practical) or the participation in an existing carpool/vanpool matching service. The designation of parking spaces, located as close as is practical to each entrance or at other preferential locations within the employee parking area, for use by carpool and carpool vehicles, can be part of this program. These spaces may be reserved and designated for carpool/vanpool parking by marking such spaces "Carpool Only."
2. Park and Ride Lots. The establishment of park and ride lots on or near the development project site or at satellite locations should be coordinated with public transit routing or carpool/vanpool services.
3. Bicycle Programs. Bicycle racks may be provided for use by employees who commute to the site by bicycle. The bicycle parking area may be established in a secure location and be in close proximity to employee entrances. Provision of connections to existing and planned on-street and off-street bike trails may also be incorporated in to the site plans. Development projects may also wish to include shower facilities into their facility design.
4. Transit Service Program. Transit waiting shelters, including bus pullouts, bus pads and right-of-way for bus stops may be provided for development projects located along established or proposed bus routes. The applicability of this provision shall be determined in conformance with standard traffic engineering principals, including blocked traffic due to stopped buses and the level of transit ridership at the location. Transit information services or employer based transit pass programs may also be considered as strategies.
5. Alternate Work Schedules. Employers may wish to establish flexible work hours, compressed workweeks or staggered work schedules which move commute trips out of the peak period (seven a.m. to nine a.m. and four p.m. to six p.m.)
6. Pedestrian Access. Sidewalks and other paved pathways may be provided on-site to connect off-site external pedestrian circulation systems (planned or existing) to the building site. Sidewalk locations may integrate existing and planned waiting shelters with building entrance(s).
7. Joint Access and Shared Parking. For applicable developments designed as a work site, provision of joint access and shared parking across multiple parcels may be incorporated into project design to facilitate integration of TDM strategies.
8. Telecommunications. The employer's use of telecommunications, teleconferencing and telecommuting can be made a part of the strategy as it relates to the reduction in peak period trips to the work site.
9. Commuter Information. An area within the facility may be provided to disseminate information on alternative transportation modes. This area shall be centrally located and accessible to all employees. The space shall be of sufficient size to provide information on alternative transportation modes, such as current maps, routes and schedules for public transit
10. On-Site Support Facilities. Mixed use developments which include such services as day care, lunch rooms/cafeterias, banks, restaurants and retail uses.

(Ord. 450 § 1 (part), 1993)

1. All new employers who are subject to the provisions of this chapter shall submit a transportation demand management plan prepared in conformance with the city's guidelines by July 1, 1993.
2. Any new employer who attains the employee threshold contemplated under this chapter shall be required to submit a transportation demand management plan within twelve months of reaching said employee threshold.
3. Any new development project which begins business at or above the employee threshold established by resolution of the city council, as determined under subsection 10.10.030(B) of this chapter, shall submit a transportation demand management plan for review at the time an application for a discretionary permit is submitted.
4. An employer or new development project submitting a transportation demand management plan under this chapter shall submit two copies of said plan to the city.
5. All transportation demand management plans shall be reviewed by the city engineer or his designated representative. All employers with an approved transportation demand management plan shall make annual reports to the city on the success of their efforts at achieving the average vehicle ridership goal.

(Ord. 450 § 1 (part), 1993)

This chapter shall be implemented and enforced in accordance with customary methods and procedures of the city regarding developments.

(Ord. 450 § 1 (part), 1993)

For the purposes of meeting its obligations under this chapter, the city may impose on each transportation demand management plan which is submitted a fee as set by resolution of the city council for the cost of processing and reviewing the plan. A separate fee may be collected for the review of the annual report. This annual fee shall also be set by resolution of the city council.

(Ord. 450 § 1 (part), 1993)

An employer may, within ten days following the date of a decision made by the city engineer pursuant to this chapter, appeal said decision to the director. The appeal shall be in writing and shall set forth the terms upon which the appeal is based and state specifically the error or abuse of discretion or lack of evidence to support said decision. If said employer is still not satisfied by the decision of the director, he shall submit, in writing, an appeal to city council. The council shall consider and decide all issues raised in the appeal, and may affirm, reverse or modify the decision appealed to it. The decision of the council shall be final.

(Ord. 450 § 1 (part), 1993)

The city council declares that should any section, paragraph, sentence or word of this chapter of the code, hereby adopted, be declared for any reason to be invalid, it is the intent of the city council that it would have passed all other portions of this chapter independent of any such portion as may be declared invalid.

(Ord. 450 § 1 (part), 1993)

For purposes of insuring that applicable developments comply with the provisions of this chapter, the city shall, following written notice to the employer, initiate enforcement action(s) against the employer which may include, but not be limited to:

1. Withholding the issuance of a building permit or certificate of use and occupancy.
2. Issuance of a stop work order. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of the chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in an amount which is set by resolution of the City Council. or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person and shall be punishable therefor as provided for in this chapter.

(Ord. 604 2023, Ord. 450 § 1 (part), 1993)

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

1. Development projects expected to employ fewer than the employee threshold number.
2. Temporary construction activities on any affected project, including activities performed by engineers, architects, contract subcontractors and construction workers.
3. Other temporary activities as defined in the city code or as authorized by the city, when such temporary activities shall cease at the end of a stated time period.
4. Employers that can show that the implementation of the various transportation demand management strategies will not achieve the goals of transportation demand management, air quality and congestion management.

(Ord. 450 § 1 (part), 1993)

The requirements of this chapter do not apply individually to members of a local transportation management association if the association is in compliance with all sections of this chapter on behalf of its members. Should an employer no longer participate in a transportation management association, this chapter shall be applicable to his/her development immediately. As a result, the affected employer must comply with all sections of this chapter.

(Ord. 450 § 1 (part), 1993)