Chapter 10.83

TRANSPORTATION DEMAND MANAGEMENT PROGRAM

New commercial, industrial, and mixed-use development including employment centers of 100 persons or more may adversely impact existing transportation and parking facilities, resulting in increased motor vehicle emissions, deteriorating levels of service, and possibly significant additional capital expenditures to augment and improve the existing transportation system. To more efficiently utilize the existing and planned transportation system and to reduce vehicle emissions, it is the policy of the City of Orange to:

• A. Reduce the number of peak-period vehicle trips generated in association with additional development;

• B. Promote and encourage the use of alternative transportation modes such as ridesharing, carpools, vanpools, public bus and rail transit, bicycles and walking, as well as those facilities that support such modes;

• C. Achieve related reductions in vehicle trips, traffic congestion, and public expenditure, and achieve air quality improvements through utilization of existing local mechanisms and procedures for project review and permit processing;

• D. Promote coordinated implementation of strategies on a countywide basis to reduce transportation demand; and

• E. Achieve the most efficient use of local resources through coordinated and consistent regional and/or local TDM programs.

• (Ord. 8-02)

This chapter is intended to meet the requirements of California Government Code Section 65089(b)(3), which requires development of a trip reduction and travel demand element to the CMP.

(Ord. 8-02)

Definitions that are specific to Section 10.83.060 (Optional Trip Reduction/TDM Strategy Plan and Annual Progress Report) are preceded by an asterisk (*).

For the purposes of this chapter, the definitions for the following terms shall apply:

"Alternative transportation mode" means any mode of travel that serves as an alternative to the single occupant vehicle. This includes 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 Section 10.83.040 of this chapter.

*"Average vehicle ridership (AVR)" is calculated by dividing the number of employees who report to the work site or another work related activity between 6:00 a.m. and 10:00 a.m.

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City of Orange, CA

VEHICLES AND TRAFFIC

§ 10.83.030

§ 10.83.030

inclusive Monday through Friday by the number of vehicles driven by these employees over that five-day period. The AVR calculation requires that a five-consecutive-weekday average be used. The averaging period cannot contain a holiday.

"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 provisions of this chapter as determined by the property owner.

"Employee" means any person employed by a firm, person(s), business, educational institution, non-profit agency or corporation, government agency or other entity that employs 100 or more persons at a single work site.

"Employment generation factors" refers to factors developed for use by the jurisdiction for projecting the potential employment of any proposed development project.

*"Employer" means any person(s), firm, business, educational institution, nonprofit agency or corporation, government agency or other entity that employs 100 or more persons at a single work site, and may either be a property owner or tenant of an applicable development project.

"Facility(ies)" means the total of all buildings, structures and grounds that encompass a work site, at either single or multiple locations, and that comprises or is associated with an applicable development project.

"Level of service (LOS)" means a measure of the operational quality of a road or intersection ranging from LOS A (best) to LOS F (worst). As required by CMP legislation, the LOS standard for the CMP Highway System must be at "E" or at the existing LOS, whichever is further from LOS "A," for any intersection or roadway segment.

"Mixed-use development" means new development projects that combine any one of these land uses with another: residential, office, commercial, light industrial, and business park.

"New development project" means any nonresidential project being processed where some level of discretionary action by a decision-making body is required. Projects covered by development agreements are not exempt from the TDM requirement of the CMP.

*"Operational programs and strategies" means implementation of a range of techniques that require ongoing monitoring that can affect actual business operations and employee behavior at the facility or work site to encourage reduction in peak-hour vehicle trips and use of alternative transportation modes. These techniques may range from establishment of ridesharing programs to the use of parking fees, cash allowances or other incentives or disincentives. Operational programs and strategies are distinct from facility standards that encourage trip reduction through modifications in facility or work site design.

"Peak period" means those hours of the business day between 6:00 a.m. and 10:00 a.m. inclusive, Monday through Friday.

*"Property owner" means the legal owner of the applicable development project who serves as the lessor to an employer or tenant. The property owner shall be responsible for complying with the provisions of the chapter either directly or by delegating such responsibility as appropriate to an employer or tenant.

"Site development plan/permit" means a precise plan of development that may be subject to public hearing before the Planning Commission and as more fully described in Section 7-9-150.1 of the 1989 Orange County Zoning Code.

*"Tenant" means the lessee of facility space at an applicable development project who also

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City of Orange, CA § 10.83.030

ORANGE CODE

§ 10.83.050

serves as an employer. A tenant may be responsible for implementing the provisions of the ordinance codified in this chapter as determined by the property owner.

"Transportation demand management (TDM)" means the implementation of programs, plans and policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools, vanpools and transit, reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle commutes to other than the peak-period.

*"Trip reduction" means reducing the number of work related trips taken between 6:00 a.m. and 10:00 a.m. inclusive Monday through Friday in single-occupancy vehicles.

*"Work site" means a building, or group of buildings, located within the jurisdiction which are in actual physical contact or separated solely by a private or public roadway or other private or public right-of-way, and which are owned or operated by the same employer (or by employers under common control).

(Ord. 8-02)

• A. This chapter shall apply to all new development projects that are estimated to employ a total of 100 or more persons as determined by the methodology in Section 10.83.040(B).

• B. For the 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 the City of Orange; or

  2. Employment projections developed by the City of Orange using the following employee generation factors by type of use:

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----- Start of picture text -----
Land Use Category Gross Square Foot/Employee
Commercial
Regional 500
Community 500
Neighborhood 500
Office/Professional 250
Industrial 525
Hotel 0.8 - 1.2/room
----- End of picture text -----

The employment projection for a development of mixed or multiple uses shall be calculated on a case-by-case basis based upon the proportion of development devoted to each type of use.

(Ord. 8-02)

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City of Orange, CA

VEHICLES AND TRAFFIC

§ 10.83.050

§ 10.83.050

All applicable developments shall be subject to the facility standards as specified in this section and shall include in their project site development plans a provision to include the improvements identified in either Option "A" or Option "B."

• A. Option "A" Facility Improvements.

  1. Preferential Parking for Carpool Vehicles.

     • a. At least 15% of the employee parking spaces shall be reserved and designated for carpool vehicles by marking such spaces "Carpool Only."

     • b. Carpool spaces shall be used only by carpool vehicles in which at least two of the persons will be employees or tenants of the proposed projects, or where a reciprocal preferential carpool parking agreement with other developments has been established.

     • c. Such carpool spaces shall be located near the building's employee entrance(s) or at other preferential locations within the employee parking areas as approved by the City Manager or designee.

     • d. The total number of employee parking spaces shall be determined by using the following factors by type of use as specified in the City of Orange Zoning/ Building Code:

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----- Start of picture text -----
Percent Total Parking Devoted to
Type of Use Employees
Commercial
Regional
Community
Neighborhood 30%
Office/Professional 85%
Industrial 90%
Hotel 15%
----- End of picture text -----

2. Bicycle Parking and Shower Facilities.

   • a. Bicycle parking and locker facilities shall be provided in a secure location for use by employees or tenants who commute to the site by bicycle. The number of facilities/racks to be provided shall be at the rate of at least five racks for every 100 employees or fraction thereof.

   • b. A minimum of two shower facilities shall be provided, one each for men and women.

3. Information on Transportation Alternatives

   • a. A commuter information area shall be provided that offers employees

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City of Orange, CA § 10.83.050

ORANGE CODE

§ 10.83.050

appropriate information on available transportation alternatives to the singleoccupancy vehicle. This area shall be centrally located and accessible to all employees or tenants.

• b. Information in the area shall include, but not be limited to, the following:

  • i. Current maps, routes and schedules for public transit;

  • ii. Ridesharing match lists;

  • iii. Available employee incentives; and

  • iv. Ridesharing promotion material supplied by commuter-oriented organizations.

4. Rideshare Vehicle Loading Areas.

   • a. The need for, design, and location of passenger loading areas to embark and disembark passengers from rideshare vehicles shall be reviewed by the City Manager or designee.

   • b. Passenger loading areas shall be of a size large enough to accommodate the number of waiting vehicles equivalent to the rate of at least five spaces per every 100 of the required parking spaces for the project.

• c. The passenger loading areas shall be located as close as possible to the building's employee entrance(s), and should be designed in a manner that does not impede vehicular circulation in the parking area.

• Vanpool Vehicle Accessibility.

• a. The design of all parking facilities shall incorporate provisions for access and parking of vanpool vehicles.

• b. Where applicable, vanpool vehicle accessibility shall include a minimum sevenfoot, two-inch vertical clearance for those parking spaces and ramps to be used by such vehicles.

• c. Vanpool parking spaces shall be located near the building's employee entrance(s) or other preferential locations as approved by the City Manager or designee.

• d. The number of accessible vanpool parking spaces shall be at the rate of at least two spaces per every 100 of the total required employee parking spaces as determined in subsection (A)(1) above.

• Bus Stop Improvements.

• a. Bus stop improvements including bus bays, bus pads, and right-of-way for bus shelters shall be required for all applicable developments located along high traffic volume streets and established bus routes.

• b. Bus stop improvements shall be determined in conformance with standard traffic engineering principles including, but not limited to, the following:

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City of Orange, CA

VEHICLES AND TRAFFIC

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§ 10.83.060

  - i. The frequency and relative impact of blocked traffic due to stopped buses; and 

  - ii. The level of transit ridership at the location. 

• B. Option "B" Facility Improvements.

  1. A percentage of parking spaces, located as close as is practical to the entrance(s) of the use they are intended to serve, shall be reserved for the use of carpool and vanpool vehicles, as determined by the approval body for the proposed use.

  2. Secure, adequate and convenient storage shall be provided for bicycles.

  3. Bus bays, bus stops and bus shelters shall be provided adjacent to roads and streets traversing or bounding the development, as requested by the City of Orange.

  4. A transportation information center shall be provided within each building of over 25,000 gross square feet.

  5. A shower and locker room facility for employees of each sex shall be provided in each building of 100,000 or greater gross square feet. For any development containing 100,000 or more total combined gross square feet, the City Manager or designee may elect, at his or her discretion, to approve a requirement imposed by City staff on such development to provide a shower and locker room facilities.

6. Sidewalks or other paved pathways following direct and safe routes from the external pedestrian circulation system to each building in the development shall be provided.

(Ord. 8-02)

The City of Orange may require all applicable development projects to implement operational programs and strategies designed to reduce peak-hour vehicle trips and promote the use of alternative transportation modes. It is intended that such operational programs and strategies complement the facilities standards required in Section 10.83.050.

The intent of this section may be met by the following means:

• A. All property owners or their designees (employers), in consultation with the City Manager or designee, shall submit a trip reduction/TDM strategy plan to the City prior to the issuance of a certificate of use and occupancy, or at another point prior to the final action on the project where the City determines that the project's number of employees and/or tenants can be reasonably estimated. This plan shall identify initial proposed programs and strategies for first-year baseline of facility occupancy that can include, but not be limited to, the following:

  1. Establishment of carpool, bus pool, or vanpool programs;

  2. Vanpool purchase incentives;

  3. Cash allowances, passes, or public transit subsidies and purchase incentives;

  4. Parking fees for single-occupancy vehicles;

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ORANGE CODE

§ 10.83.060

§ 10.83.070

5. Full or partial parking subsidies for ridesharing vehicles;

6. Preferential parking for ridesharing vehicles;

7. Computerized commuter rideshare matching service;

8. Guaranteed ride-home program for ridesharing;

9. Alternative work week and flex-time schedules;

10. Telecommuting or work-at-home programs;

11. On-site lunch rooms/cafeteria;

12. On-site commercial services such as banks, restaurants, and small retail;

13. On-site day care facilities; and

14. Designation of an on-site transportation coordinator for the project.

• B. A single plan for multiple facilities, where each facility is subject to the employee threshold under Section 10.83.040, may be submitted covering all facilities so long as such plan addresses the items under subsection A for each facility site.

• C. All property owners or their designees (employers) shall submit an annual report to the City Manager or designee within one year of the approval of the initial trip reduction/TDM strategy plan by the City, and each subsequent year by the anniversary date of each annual report approval. The annual report shall serve as an update of the original trip reduction/ TDM strategy plan that provides an analysis of the effectiveness of the operational programs and strategies proposed for the facility(s). The annual report shall provide information that can include, but not be limited to, the following:

  1. The number of single-occupancy vs. ride share vehicles being driven to the work site daily when trip reduction/TDM strategy plan implementation began;

  2. The number of single-occupancy vs. rideshare vehicles being driven to the work site daily at the end of the first year and subsequent years of plan implementation;

3. The results of an employee survey with a minimum response rate of 75% of employees who report to work during the a.m. peak-period that will document hometo-work commute distances;

   4. Verification that incentives listed in the approved TDM plan were offered to employees as an inducement to travel to work in other than single-occupancy vehicles;

   5. A discussion of the usage levels by employees of the various incentives;

   6. An evaluation of why the plan did or did not work, and an explanation of why and how the revised plan will succeed; and

   7. A list of additional incentives which can reasonably be expected to attain the AVR and LOS standards in the coming year, if these standards were not attained in the prior year.

• (Ord. 8-02)

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City of Orange, CA

VEHICLES AND TRAFFIC

§ 10.83.070

§ 10.83.080

For the purpose of determining whether applicable developments are complying with the provisions of this chapter, the City shall monitor such compliance in a manner it deems appropriate and reasonable. Monitoring mechanisms may include, but not be limited to, the following:

• A. To verify compliance with the facility standards required under Section 10.83.050:

  1. Local procedures for site development plan review, as appropriate;

  2. Field/site inspections; and

  3. Other building site reports/surveys that the City may deem appropriate.

• B. To monitor compliance with optional requirements for operational programs and strategies under Section 10.83.060, the City may:

  1. Review and approve the baseline trip reduction/TDM strategy plan submitted per Section 10.83.060(A) following consultation/negotiation with the building owner or designee (employer);

  2. Review and approve the annual reports per Section 10.83.060(C) following consultation/negotiation with the building owner or designee (employer); and

  3. Require other reports, site surveys, or operational audits that may be deemed appropriate.

• (Ord. 8-02)

For the purpose of ensuring that applicable developments comply with the provisions of this chapter, the City of Orange shall, following written notice to subject property owner or designee (employer), initiate enforcement action(s) which may include, but not be limited to, the following:

• A. To enforce compliance with the facilities standards under Section 10.83.050:

  1. Withholding issuance of a building permit or certificate of use and occupancy; and

  2. Issuance of stop work order(s).

• B. To enforce compliance with operational programs and strategies under Section 10.83.060:

  1. Withholding issuance of a building permit or certificate of use and occupancy until the initial plan as specified in subsection 10.83.060(A) is submitted;

  2. Imposing a penalty fee/fine if the annual report is not submitted within 30 days following written notice from the City to that effect;

  3. Imposing a penalty fee/fine if the initial strategy plan or subsequent annual report modifications thereto are not implemented as approved by the City; and

  4. Notification of failure to comply with or make reasonable progress toward the AVR or LOS performance standards established in Section 10.83.060 and those strategies

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City of Orange, CA § 10.83.080

ORANGE CODE

§ 10.83.100

contained in the trip reduction/TDM strategy plan if monitoring by the City determines that such compliance or progress is not being achieved; following notice of failure to comply, requesting modifications in the mix of operational programs and strategies under Section 10.83.060 that will be implemented to remedy inadequate or non-performance; imposing a performance penalty fee if noncompliance or reasonable progress is not remedied following requested modification.

• C. The facilities standards and operational programs and strategies can include provisions to guarantee perpetual compliance regardless of changes in property/ownership through recorded codes, covenants and restrictions (CC&Rs).

• (Ord. 8-02)

For purposes of meeting its obligations under this chapter, the City of Orange shall impose the following fees:

1. A trip reduction/TDM strategy plan review fee, as established in the master schedule of fees and charges, will be assessed to the applicable development. Time spent by City staff to complete the review of the plan will be charged against the deposit posted by the project applicant.

2. A subsequent annual report fee, as established in the master schedule of fees and charges, will be imposed at the time of each report submittal. This fixed fee shall be charged to all applicable developments for the purposes of defraying the costs of processing and reviewing annual reports.

• (Ord. 8-02)

• A. An appeal may be made by the property owner(s) or designee(s) regarding the applicability of this chapter, or the disapproval or content of any proposed program plan for a development project.

• B. Such appeal may be filed with the City Manager or designee for resolution, who must act on such appeal within 30 days of such filing in accordance with existing City codes.

• (Ord. 8-02)

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City of Orange, CA