Napa County Municipal Code Ch. 10.28 Transportation System Management

The purposes of this chapter are to:

A. Establish transportation system management requirements for large employers located within the unincorporated areas of the county to promote alternative commute modes and reduce the total number of vehicle trips in order to:

1. Reduce peak period traffic and congestion by decreasing the number of single-occupant vehicle trips associated with commuting;

2. Reduce or delay the need for major transportation facility improvements by making more efficient use of existing facilities;

3. Reduce present and future motor vehicle emissions as a contribution towards complying with federal and state ambient air quality standards;

4. Establish transportation system management goals for employers so that a significant number of their employees are encouraged to arrive at the worksite by means other than single occupant vehicles; and

B. Accomplish the purpose set forth in subsection A of this section in a manner which will permit the Bay Area Air Quality Management District to delegate enforcement of its Regulation 13, Rule 1 pertaining to trip reduction to the county to eliminate duplication of effort by large employers and the two agencies.

(Ord. 1049 § 1 (part), 1993: prior code § 4500)

This chapter is adopted to implement as required by Government Code Section 65089.3 the recommendation of Section 5.4 of the congestion management plan ("CMP"), adopted by the Napa County congestion management agency on October 21, 1992, that all jurisdictions located within Napa County adopt trip reduction and travel demand ordinances within the year following CMP adoption. The chapter incorporates the provisions of Regulation 13, Rule 1 adopted by the Bay Area Air Quality Management District to facilitate future delegation of enforcement of such regulation to the county by the district pursuant to California Clean Air and Transportation Act (Public Utilities Code Section 99600 et seq.) which have required that the Bay Area Air Quality Management District to use all feasible means to meet state air quality standards.

(Ord. 1049 § 1 (part), 1993: prior code § 4501)

The board of supervisors hereby finds and declares that:

A. The county is projected by both the state and the Bay Area Association of Governments to experience growth in population which will result in increases in traffic volume;

B. The geographical and meteorological conditions in the county are conducive to the formation of air pollution attributed largely to motor vehicle emissions according to both state and regional air pollution control agencies;

C. Transportation system management techniques including, but not limited to, ridesharing, transit, compressed workweeks and bicycle use among employees are effective means of reducing work-related trips. A reduction in the number of trips will reduce congestion and vehicle emissions.

(Ord. 1049 § 1 (part), 1993: prior code § 4502)

The definitions used in the rules shall apply to this chapter with the following modifications:

"Air pollution control officer (APCO)" means the director.

"Director" means the Napa County director of public works, or his designee.

"District" means the county of Napa.

"Performance objectives" means the following:

"Rules" means Regulation 13, Rule 1 adopted by the Bay Area Air Quality Management District on December 16, 1992.

"Zone" means Zone 4, the Bay Area Air Quality Management District zone under Regulation 13, Rule 1 containing the county.

(Ord. 1049 § 1 (part), 1993: prior code § 4504)

A. In General. Except as provided otherwise in this chapter, the provisions of Regulation 13, Rule 1 ("rules") adopted as of December 16, 1992 by the Bay Area Air Quality Management District are hereby incorporated in and made a part of this chapter, by reference, as if said provisions were set out verbatim herein. A current copy of the rules shall be maintained in the Napa County department of public works and be available for public inspection during business hours. In the event of conflict between the rules and this chapter, the more stringent shall prevail.

B. Rules not Adopted. The following rules are not adopted as part of this chapter:

1. Rule 13-1-214, Employer Trip Reduction Appeals Committee. This definition, which provides for a committee to hear appeals of denials of employer trip reduction plans, is not adopted because under this chapter such appeals shall be heard by the Napa County board of supervisors pursuant to Chapter 2.88 of this code.

2. Rule 13-1-302, Delegated Program, sets forth the conditions under which the Bay Area Air Quality Management District will delegate its enforcement of Regulation 13, Rule 1 to local jurisdictions, and is not itself a delegable regulation.

3. Rule 13-1-105, Exemption—Local Jurisdiction Delegated Program, exempts employers from the Bay Area Air Quality Management District Regulation 13, Rule 1, if subject already to requirements of a local trip reduction ordinance that has received delegation under Rule 13-1-302 and is not itself a delegable regulation.

4. Rule 13-1-111, APCO Authorization, pertains to certain permitted administrative activities of the APCO of the Bay Area Air Quality Management District within jurisdictions which have not accepted delegation and is not itself a delegable provision.

5. Rule 13-1-408.6 and Rule 13-1-409, pertaining to appeal of denial of employer trip reduction plans, are superseded by the appeal procedure set forth in Chapter 2.88 of this code.

(Ord. 1066 § 1, 1994: Ord. 1049 § 1 (part), 1993: prior code § 4503)

If any other agency which has jurisdiction over trip reduction requirements for employers within the unincorporated area of the county of Napa, including but not limited to the Bay Area Air Quality Management District, adopts trip reduction requirements that meet or exceed the requirements of this chapter, then any employer within such unincorporated area that meets those equivalent or more stringent requirements shall be deemed to be in compliance with the requirements of this chapter.

(Ord. 1066 § 2, 1994: prior code § 4503.1)

The requirements of this chapter shall be those set forth in those rules adopted by this chapter, with the following modifications:

A. Effective Dates. The requirements of the rules for purposes of this chapter shall become effective no sooner than thirty days after passage of the ordinance first adopting this chapter. Within thirty days of such effective date of this chapter, employers who were required to register or file surveys or plans with the Bay Area Air Quality Management District prior to such effective date shall file copies of such documents with the director. Subject to this modification, the effective dates set forth in Rule 13-1-401 and the compliance deadlines set forth throughout those rules adopted in this chapter shall apply as written.

B. Filing Requirements. For purposes of this chapter, registration, surveys, plans, and all other documents required by this chapter to be filed with the director shall be submitted to the director at the following address: Director of Public Works, Room 201, 1195 Third Street, Napa, California 94559.

(Ord. 1049 § 1 (part), 1993: prior code § 4505)

Appeal of any final decision of the director under this chapter shall be made to the Napa County board of supervisors in accordance with the procedure set forth in Chapter 2.88 of this code. If such decision pertains to the filing of a document for which a deadline is prescribed by this chapter, such deadline shall be tolled until completion of this appeal process.

(Ord. 1049 § 1 (part), 1993: prior code § 4506)

All documents required to be filed under this chapter shall be accompanied by those fees prescribed by resolution of the Napa County board of supervisors.

(Ord. 1049 § 1 (part), 1993: prior code § 4507)

It is unlawful and a public nuisance for a nonexempt employer to violate any of the requirements of this chapter. In addition to any other remedies which the county of Napa may have by law, the county may enforce this chapter through those procedures, both civil and criminal, set forth in Sections 1.20.010 through 1.20.145 of this code, except that such violations shall constitute an infraction, punishable by a fine not exceeding one thousand dollars, rather than a misdemeanor.

(Ord. 1049 § 1 (part), 1993: prior code § 4508)