Oroville Municipal Code Ch. 10.28 Trip Reduction

The purpose of this chapter is to establish requirements and procedures whereby major employers located in the City of Oroville will develop and implement programs designed to reduce the number of employee vehicle commute trips as part of a broad areawide program to achieve the following objectives:

A. Reduce peak hour traffic circulation and congestion by reducing the number of single occupant motor vehicle trips associated with home-to-work commuting;

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

C. Reduce future air pollution concentrations and strive towards meeting federal ambient air pollution standards by reducing the number of single occupant motor vehicle trips associated with home-to-work commuting;

D. Reduce consumption of energy for transportation uses and thereby contribute to the national policy to increase energy self-sufficiency.

(Ord. 1554 § 1)

Unless the context indicates otherwise, the following definitions shall govern the meaning of those terms used in this chapter.

"Administrator"

means the city administrator or his/her designated representative.

"Common business location"

means a single building, group of buildings, or work stations at a single site or contiguous site.

"Commuter matching service"

means any system whether by computer, manual, or mapping methods, which matches commuters residing in one common area, working in another common area, and having approximately the same work schedule.

"Employee transportation coordinator"

means an employee, tenant, property manager, property owner, or other appropriate person who has been designated to perform various duties related to meeting the transportation needs of employees of a firm, common work location or other geographic employment area.

"Person"

means a sole proprietor, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual entity, either public or private, carrying on an enterprise or conducting any other activity, whether or not for profit.

"Preferential parking"

means a program of selecting, assigning or designating vehicle parking spaces in which priority in the selection, assignment or designation is given to specific classes of vehicles such that vehicles in that class may be parked in locations considered by the vehicle operator to be the best or most desirable location.

"Regular employee"

means any person who works for a business, firm, agency, or other person for 3 or more days per week and 4 or more hours per day.

(Ord. 1554 § 1)

A. Except as provided in Section 10.28.040, no person shall employ 100 or more persons at a common business location within the City of Oroville without first applying for and obtaining a trip reduction permit. Said permit must be obtained within 180 days of notification, as described in Section 10.28.070.

B. When a person has more than one common business location within the City of Oroville, each location employing 100 or more persons, that person may apply for, and, subject to satisfactorily meeting the requirements of Section 10.28.130, may be granted a single trip reduction permit applicable to all business locations described in the approved permit.

(Ord. 1554 § 1)

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

A. Persons who employ fewer than 100 persons in Butte County;

B. Temporary construction activities, including activities performed by engineers, architects, contractors, subcontractors, and construction workers when such activities are related to the construction, development, or other improvement of real property;

C. Emergency activities in which persons are employed to render aid or other services in the event of an emergency or natural disaster;

D. Other temporary activities which employ persons for a period of less than 90 days.

(Ord. 1554 § 1)

The administrator shall be authorized to issue a trip reduction permit based on satisfactory compliance with the requirements of Section 10.28.130. The administrator shall be authorized to establish reasonable administrative procedures to implement provisions of this chapter.

(Ord. 1554 § 1)

A. The Oroville city council may, by resolution, and from time to time, prescribe fees for the issuance and renewal of trip reduction permits. Such fees shall be for the sole purpose of defraying costs incurred in the administration of this chapter.

B. All fees for the issuance and renewal of permits shall be paid at the time of and with the filing of the application with the administrator. No application shall be deemed valid or complete until all prescribed fees have been paid. Unless otherwise prescribed, fees shall not be refundable in whole or part whether or not a permit is issued or approval granted. Nor shall any fees be refundable in whole or part if a permittee ceases to operate under the permit in advance of the expiration date.

(Ord. 1554 § 1)

The administrator shall notify, in writing, all persons required by this chapter to obtain a trip reduction permit. Such notification shall be made in a timely manner based on the compliance schedule contained in Section 10.28.140 and shall contain at least the following information:

A. A statement that the recipient is required by this chapter to obtain a trip reduction permit;

B. A description of the requirements which the applicant must satisfy to obtain the permit;

C. A description of the procedures to apply for and obtain the permit.

(Ord. 1554 § 1)

All applications for a trip reduction permit shall be filed with the public works department.

(Ord. 1554 § 1)

The application for a trip reduction permit shall be filed on a form and contain such information as prescribed by the administrator.

(Ord. 1554 § 1)

The administrator shall examine the application to determine whether the applicant complies with the requirements contained in Section 10.28.130. Inspection of the business location shall be conducted as necessary to determine compliance with said requirements.

(Ord. 1554 § 1)

A. The administrator shall act upon the application not later than 30 days after the date it is validly filed, unless the applicant has filed a written request with the administrator to extend the time in order that the applicant may submit additional information prior to action by the administrator.

B. The administrator shall issue the permit unless he or she finds, in writing, that the requirements contained in Section 10.28.130 have not been met. The administrator shall notify the applicant, in writing, of his or her decision to issue or not issue the permit.

(Ord. 1554 § 1)

Except as provided herein, all trip reduction permits shall be valid for a period of one year from the date of issuance by the administrator. The administrator may issue a trip reduction permit which is valid for 3 years to any person who has continuously maintained a valid trip reduction permit for 2 years or more.

(Ord. 1554 § 1)

The granting of the trip reduction permit shall be based on satisfactory compliance with the following:

A. All persons employing 100 to 250 people shall choose 2 items from Row A, Table 1.

B. All persons employing 250 or more people shall choose 2 items from Row A and one item from Row B, Table 1.

Table 1

(Ord. 1554 § 1)

The requirements of this chapter shall be implemented according to the following schedule:

A. Any person who files an application with the City of Oroville for a general business license on or after January 1, 1993 shall be required to comply with the provisions of this chapter.

B. Any person who, on or after January 1, 1993, employs 500 or more persons at a common business location, shall be required to comply with provisions of this chapter.

C. Any person who, on or after January 1, 1994, employs 250 or more persons at a common business location, shall be required to comply with provisions of this chapter.

D. Any person who, on or after January 1, 1995, employs 100 or more persons at a common business location, shall be required to comply with provisions of this chapter.

(Ord. 1554 § 1)

Any person shall have the right, within 10 days after receiving notice in writing of the requirement to obtain a trip reduction permit, to file a written appeal to the city council. Such appeal shall be filed with the city clerk and shall set forth the specific ground or grounds on which it is based. The city council shall hold a hearing on the appeal within 30 days after its receipt by the city clerk, or at a time thereafter agreed upon and shall cause the appellant to be given at least 10 days' written notice of such hearing. At the hearing the appellant or its authorized representative shall have the right to present evidence and a written or oral argument, or both, in support of his or her appeal. The burden of proof shall be on the appellant. The determination of the city council on the appeal shall be final.

(Ord. 1554 § 1)