Article II — Transportation and Air Quality Control Measures

The purpose of this article is to adopt and implement a trip reduction and travel demand management ordinance that promotes alternative transportation methods, such as carpools, vanpools, transit, bicycles, walking and park-and-ride lots; improvement in the balance between jobs and housing and other strategies, including flexible work hours, telecommuting and parking management programs, as necessary to meet congestion and air quality goals. Additionally, the purpose of this article is to link land use, transportation and air quality decisions; minimize the number of peak period vehicle trips generated by additional development to promote the use of alternative transportation; improve air quality; maintain economic vitality of the region; and by the participation in regional and countywide efforts, improve transportation demand management, and thereby improve the environment of the City.

The following words and phrases shall have the following meanings when used in this article:

"Alternative transportation" means 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.

"Applicable development" means any development project that is determined to meet the project size threshold criteria contained in Section 6.52.110 .

"Buspool" means a vehicle carrying 16 or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

"Carpool" means a vehicle carrying two to six persons commuting together to and from work on a regular basis.

"California Environmental Quality Act (CEQA)" is a statute that requires all jurisdictions in the State of California to evaluate the extent of environmental degradation posed by proposed development.

"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 article as determined by the property owner.

"Development" means the construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of this article and which exceed the thresholds defined in this title shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage.

"Employee parking area" means the portion of total required parking at a development used by onsite employees. Unless specified in this title, employee parking shall be calculated as follows:

"Preferential parking" means 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" means the legal owner of a development who serves as the lessor to a tenant. The property owner shall be responsible for complying with the provisions of this article either directly or by delegating such responsibility as appropriate to a tenant and/or his or her agent.

"South Coast Air Quality Management District (SCAQMD)" is 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 nondesert portions of Los Angeles, Orange, Riverside and San Bernardino Counties).

"Tenant" means the lessee of facility space at an applicable development project.

"Transportation Demand Management (TDM)" means 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" means reduction in the number of work-related trips made by single occupant vehicles.

"Vanpool" means a vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven to 15 adult passengers, and on a prepaid subscription basis.

"Vehicle" means any motorized form of transportation, including, but not limited to, automobiles, vans, buses and motorcycles.

• A. Prior to approval of any development project for which an Environmental Impact Report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) or based on a local determination, regional and municipal fixed-route transit operators providing service to the project shall be identified and consulted with. Projects for which a Notice of Preparation (NOP) for a Draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of this article shall be exempted from its provisions. The "Transit Impact Review Worksheet," contained in the Los Angeles County Congestion Management Program Manual, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent a NOP for all contemplated EIRs and shall, as part of the NOP process, be given 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 Environmental Impact Report prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA.

• B. Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR.

• A. Applicability of Requirements.

  1. Prior to approval of any development project, the applicant shall make provisions for, as a minimum, all of the following applicable transportation demand management and trip reduction measures.

  2. This article shall not apply to projects for which a development application has been deemed "complete" by the City pursuant to Government Code Section 65943 , or for which a Notice of Preparation for a DEIR has been circulated or for which an application for a building permit has been received, prior to the effective date of this article.

  3. All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair.

• B. Development Standards.

  1. Nonresidential development of 25,000 square feet or more shall provide the following to the satisfaction of the City:

     • a. A bulletin board, display case or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following:

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

       • ii. Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators;

       • iii. Ridesharing promotional material supplied by commuter-oriented organizations;

       • iv. Bicycle route and facility information including regional/local bicycle maps and bicycle safety information;

       • v. A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

  2. Nonresidential development of 50,000 square feet or more shall comply with paragraph 1 of this subsection and shall provide all of the following measures to the satisfaction of the City:

     • a. Not less than 10% of employee parking area shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displaying handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of the City. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants; provided that at all times at least one space for projects of 50,000 square feet to 100,000 square feet and two spaces for projects over 100,000 square feet will be signed/striped for carpool/vanpool vehicles.

     • b. Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of 7'22" shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included

in vanpool areas. Compliance with this minimum vertical clearance standard is not intended to relieve the duty or obligation that may be imposed with any requirements or provisions of the Americans with Disabilities Act or Title 24, State of California Energy/Insulation Regulations and Handicapped Persons Standards.

• c. Bicycle racks or other secure bicycle parking shall be provided to accommodate four bicycles per the first 50,000 square feet of nonresidential development and one bicycle per each additional 50,000 square feet of nonresidential development. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., provision of racks, lockers, or locked room) shall be to the satisfaction of the City.

3. Nonresidential development of 100,000 square feet or more shall comply with paragraphs 1 and 2 of this subsection, and shall provide all of the following measures to the satisfaction of the City:

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

   • b. Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development.

   • c. If determined necessary by the City to mitigate the project impact, bus stop improvements must be provided. The City will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops.

   • d. Safe and convenient access from the external circulation system to bicycle parking onsite.

All development projects for which an Environmental Impact Report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA), and for which all applicable demand management and trip reduction measures are required per this article, shall comply with the Mitigation Monitoring Program and Enforcement of Mitigation Measures as established within the environmental impact report for this specific project.

No person shall violate or fail to comply with any or all of the applicable demand management and trip reduction measures, as required per this article and as enforceable as conditions of approval of an unclassified use permit, site plan and architectural review, or other discretionary approval(s) for the project. Should the developer, or responsible or trustee agency, violate or fail to comply with this article, and applicable conditions of approval, all permits including, but not limited to, the certificate of occupancy and/or business license, unclassified use permits, site plans and architectural reviews, or other discretionary approvals for the project may be revoked by the City. Any such violation or failure to comply with any or all of this article may result in the revocation of the certificate of occupancy

and/or business license. Any violation of this article may be prosecuted as a misdemeanor or abated as a nuisance pursuant to Walnut Municipal Code Section 1.12.020 .