HomeMy WebLinkAboutMINUTES - 01212003 - C10 ORDINANCE NO. 2003-02
(AMENDING COUNTY ORDINANCE CODE CHAPTER 82-32
AND REPEALING OTHER TRANSPORTATION DEMAND MANAGEMENT
REQUIREMENTS)
The Board of Supervisors of the County of Contra Costa ordains as follows (omitting the
parenthetical footnotes from the official text of the exacted or amended provisions of the County
Ordinance Code):
SECTION I. REPEAL OF TDM ORDINANCE. Sections I, II and IV of Ordinance No. 97-
12 are repealed.
SECTION H. TRANSPORTATION DEMAND MANAGEMENT. Chapter 82-32 of the
County Ordinance Code is amended in its entirety, to read:
CHAPTER 82-32
TRANSPORTATION DEMAND MANAGEMENT
82-32.002 Definitions. As used in this chapter, the following terms shall have the
following meanings:
(a) "Residential Project"means any residential development application containing
thirteen(13) or more dwelling units that must be approved through a public hearing process and
has not received final approval.
(b) "Non-Residential Project"means any non-residential or, mixed-use development
application that must be approved through a public hearing process and has not received final
approval. Non--Residential Project also includes an application to expand an existing office or
industrial structure that has at least five thousand (5,000) square feet of gross floor area, by
twenty-five (25)percent or more of the structure's gross floor area.
(c) "Sponsor"means the owner or developer of a residential or non-residential project.
(d) "TDM" stands for"Transportation Demand Management."
(Ords. 2003-02 § 2, 92-31 §3.)
82-32.004 Intent and Purpa►se. (a) The intent of this chapter is to further the
transportation goals of the County General Plan, the Measure C Growth Management Program,
Contra Costa County's Congestion Management Program, and the Bay Area Clean Air Plan.
ORDINANCE NO. 2003-02
Page 1
(b)The purpose of this chapter is to implement the provisions of the general plan to
promote a more balanced transportation system that takes advantage of all modes of
transportation by:
(1)Incorporating pedestrian, bicycle, and transit access into improvements
proposed in development applications.
(2) Incorporating the overall intent and purpose of this chapter into the land use
review and planning process.
(3)Allowing requests for reductions in the off-street parking requirements for
residential or non-residential projects that have a conceptual TDM Program.
(4)Providing information to residents on opportunities for walking, bicycling,
ridesharing and transit.
(Ord. 2003-02 § 2. See Ords. 97-12, 94-27, 94-26.)
82-32.006 TDM Requirements. The requirements of this chapter shall apply to all
development projects, residential or non-residential.
(Ords. 2003-02 § 2, 92-31 § 3.)
82-32.008 Off-street parking reductions. (a) A project may qualify for reductions in
off-street parking requirements pursuant to this section. A sponsor requesting parking reductions
shall submit a conceptual TDM program to the Community Development Department
concurrently with the application for the project. If the tenant is known,the project sponsor and
tenant shall jointly submit the conceptual TDM program.
(b) Conceptual TDM Program. The conceptual TDM program shall identify TDM
measures that can be demonstrated to attain the trip reductions necessary to qualify for the
requested parking reductions. The department shall review the project's conceptual TDM
program and make a recommendation to the division of the planning agency hearing the project
application.
(c)The sponsor shall include in the tentative map, land use permit, or development plan
application, any improvements that will provide access to public transit, ridesharing
opportunities and non-motorized forms of travel.
(d) If the project lies within a transit service area identified in the circulation element of
the general plan,the sponsor shall consult with the transit service provider on the need to provide
infrastructure to connect the project with the transit services. Evidence of compliance with this
requirement may include correspondence from the local transit provider(s)regarding the
potential need for installing bus turnouts, shelters or bus stops at the site.
ORDINANCE NO. 2003-02
Page 2
(e) Final TDM Program. The design and implementation of the final TDM program shall
be a condition of a project's approval. The sponsor and all subsequent owners of the project
shall provide deed notification of mandatory participation in the final TDM program to all
subsequent purchasers and owners of the project.
(Ords. 2003-02 § 2, 92-31 § 3.)
82-32.010 Residential Prgieets. (a) A sponsor of a residential project containing
thirteen(13) or more dwelling units shall prepare and implement a TDM program that includes at
least the following:
(1)Owner-Occupied Units. Upon a residential dwelling being sold or offered for
sale, the sponsor shall notify and offer to the buyer or prospective buyer, as soon as it
may be done, materials describing public transit, ride sharing, and non-motorized
commuting opportunities available in the vicinity of the project. Such information shall
be transmitted no later than the close of escrow.
(2)Rental Units. Upon a residential dwelling being rented or offered for rent,the
sponsor shall notify and offer to the tenant or prospective tenant, materials describing
public transit, ride sharing, and non-motorized commuting opportunities in the vicinity of
the development. The materials shall be approved by the Community Development
Department. The materials shall be provided no later than the time the rental agreement
is executed.
The sponsor and all subsequent owners of the project shall provide deed
notification of mandatory participation in the TDM program to all subsequent purchasers
and owners of the project.
(b) A sponsor shall include in the tentative map or development plan application, all
improvements that will provide access to public transit, ride sharing opportunities and non-
motorized forms of travel.
(c) A sponsor whose project lies within a local transit service area identified in the
circulation element of the general plan shall consult with the local transit service provider on the
need to provide infrastructure to connect the project with transit services. Evidence of
compliance with this requirement may include correspondence from the local transit provider(s)
regarding the potential need for installing bus turnouts, shelters or bus stops at the site.
(d)A sponsor of a project that is estimated to generate 100 or more A.M. or P.M. peak-
hour trips (based upon the trip generation rates from the ITE Trip Generation, 611 edition 1997, or
the most current published edition) shall prepare a traffic study that demonstrates how the project
will provide the necessary infrastructure to meet the traffic level of service standards and the
performance standards as outlined in the growth management element of the general plan. The
ORDINANCE NO. 2003-02
Page 3
study shall be subject to the approval of the Community Development Department and shall, at a
minimum:
(1) Include a Traffic Impact Analysis if the project could cause a signalized
intersection or a freeway ramp to exceed the applicable standards, including identifying
mitigation measures to be implemented (which may include payment of fees), as
necessary for the intersection or ramp to operate in conformance with applicable
standards.
(2) Identify any Routes of Regional Significance and/or Intersections with
Findings of Special Circumstances that would be affected by the project. (These routes
and/or intersections will require alternate mitigation applicable to the appropriate Action
Plan in the Measure C Growth Management Program.)
(3) Identify any arterial or collector roads in the circulation element of the general
plan that may be affected by the project. Determine whether the project will adversely
impact these roads and if any mitigation measures will be required.
(Orris. 2003-02 § 2, 92-31 § 3.)
82-32.012 Non-Residential Projects. Non-residential projects will be analyzed to
ensure conformity with applicable growth management standards.
(a)A sponsor shall include in the tentative map or development plan application, all
improvements that will provide access to public transit, ride sharing opportunities and non-
motorized forms of travel.
(b)A sponsor whose project lies within a local transit service area identified in the
circulation element of the general plan shall consult with the local transit service provider on the
need to provide infrastructure to connect the project with transit services. Evidence of
compliance with this requirement may include correspondence from the local transit provider(s)
regarding the potential need for installing bus turnouts, shelters or bus stops at the site.
(c)A sponsor of a project that is estimated to generate 100 or more A.M. or P.M. peak
hour trips (based upon the trip generation rates from the ITE Trip Generation, 6{h edition 1997, or
the most current published edition)shall prepare a traffic study that demonstrates how the project
will provide the necessary infrastructure to meet the traffic level of service standards and the
performance standards in the growth management element of the General Plan. The study shall
be subject to the approval of the Community Development Department and shall, at a minimum:
(1) Include a Traffic Impact Analysis if the project could cause a signalized
intersection or a freeway ramp to exceed the applicable standards, including identifying
mitigation measures to be implemented (which may include payment of fees), as
ORDINANCE NO. 2003-02
Page 4
necessary for the intersection or ramp to operate in conformance with applicable
standards.
(2)Identify any Routes of Regional Significance and/or Intersections with
Findings of Special Circumstances that would be affected by the project. (These routes
and/or intersections will require alternate mitigation applicable to the appropriate Action
Plan in the Measure C Growth Management Program.)
(3) Identify any arterial or collector roads in the circulation element of the general
plan that the project may affect. Determine whether the project will adversely impact
these roads and if any mitigation measures will be required.
(Orris. 2003-02 § 2, 92-31 § 3.)
82-32.014 Alternative Studies. A sponsor who is dissatisfied with the number of peak-
hour trips as calculated pursuant to section 82-32.010(d) or section 82-32.012(c)may conduct a
study to determine the trip generation rate for the project. The study is subject to the approval of
the Community Development Department.
(Ord. 2003-02 § 2.)
SECTION III. PRIOR ORDINANCES. Projects approved under any previously adopted
TDM or Transportation Systems Management ordinance shall continue to comply with and
operate under such ordinances. As to such projects, the previously adopted.TDM or
Transportation Systems Management ordinance shall remain in full force and effect.
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective thirty days after
passage, and within fifteen days after passage shall be published once with the names of the
Supervisors voting for and against it in the Contra Costa Times, a newspaper published in this
County.
PASSED and ADOPTED on January 21, 2003 by the following vote:
AYES: WpEMSOR. GIOTA, Unm%, Gmm, GLOM & beSAtTiBtl�t
NOES: NM
ABSENT: 1
ABSTAIN: NM
ORDINANCE NO. 2003-02
Page 5
ATTEST: JOHN SWEETEN,
Clerk of the Board of Supervisors
and County Administrator
1 rr /
r {p <
Deputy {V Chair, Board of Supervisors
[SEAL]
LTF\JALFUJI\0RD\T1)M092602.wpd
ORDINANCE NO. 2003-02
Page 6
PROOF Of PUBLICATION FlnW MM
(2015.5 C.C.P.) n Ei MPr°eipt rel
be s t rtditlon t�F a to
STATE OF CALIFORNIA sea
sumtasgtipnty
County of Contra Costa n c ahal to
a deed no gop�Si
I am a citizen of the United States and a resident of the rern to fa
County aforesaid, I am over the age of eighteen years, asilr�a egnuen Cis f to or
and not a party to or interested in the above-entitled al
matter. g.j 2008-02 E82,fl •31
' �ta� (2
1 am the Principal Legal Clerk of the Contra Costa Times, s ra snttet)BA fiaecr Fu
a newspaper of general circulation, printed and published tat tater a van- a can-
t rat a k modes at tntm- tltitrtaen a Mom �t
at 2640 Shadelands Drive in the City of Walnut Creek, �� � dwsigunga to
County of Contra Costa, 94595. and �tT
scion, c urfss at teort
And which newspaper has been adjudged a newspaper of Na tr
general circulation by the Superior Court of the County of m I t�E nt W s j> r'�° l
Contra Costa, State of California, under the date of b p sad Qng
or offered Wr Or
October 22, 1934. Case Number 19764. RT Inco the ovstwdi n seta,gro sponsor*hell ned-
D E NTr and ester tlse buyer oMe r M
cc
The notice, of which the annexed is a printed copy (set in tszaa r pWnrhhg E� & '. a
type not smaller than nonpareil), has been published in e1 may..
each regular and entire issue of said newspaper and not or°delnssuF� emittin {3}Aliowfnttnrequeatsforre- tommutir,�t
in any supplement thereof on the following dates,to-wit: gro perontlr*tloa!tctotrwto c%Ictlono i � cri'at tot a syshabie r-
*am the*MGM otame ad �thAe uirsn»at* for a of dta"ea Such ar
trans-
Opp
January 27 b cf to CCSrd1 Monlealdo
tfia a a 441 1 old�
parlor ficde). M 8:
all in the year of 2003 gEM 1, �g�p�F. {4}Fh to a n Uponbell,a dt
lona
I.
rdN Ordt- waN b tf(t� * Cbet
nar�ca No. g7-12 are is- , . tJrds: offer the tonisit or
I certify (or declare) under penalty of perjury that the pealed. QT-2 ) rrr
foregoing is true and correct. 0 escote transit, a
1 2 0q�TESM p i)1RE- a and non-mo- trt
ENTB The kameetta , twttld mutt
Executed at Walnut Creek, California. M t;oun nonce ct thie c!Zorr I apply Istunit"In the 1116
On this 27 day of JanV&y , 2003 Is amarwed in ps en- rto taa'iel pnt ==.appnowsis by
tEtsty,to road: SS 2, :}2+�7�
g� p�}pg p Vie
s ...... ....� .,.t ... rSt: D DNU�tiT PAA3#Cit RE r fT Itz igna urs A ud tr. rt tent axe e
3 882-82.0 In DEFIN riT r.N✓ �1 �9�� g Tate and all autsae-
Ae used In fills enapta,tl ��a�c�. I"of the
Conir Costa Times terms ttws Ing Wraurarplr puteuertt
P O Sox 4147 the �. m tMAW
bn t deed ' w!
Walnut Creek, CA 94596 „PMkieft � ;r, w ay rr i m K
(925) 935-2525 Dana w
era owners
Proof of Publication of: ( ycon- ry
wn file iicagtet (,
�� pu ff e iensnt )A sponsor sham hoLide
(attached is a copy of the legal advertisement that �proceaihan�t h the tent plan map or ds- or
published) not rocehred fSnaE approvam Ct
the
con % imp profs yen tt�at 1
program. Ik de e+xeas to ub- e
�ioprnstt{ Sloe t (b) � TOM PM- P
r mist a approwdtttttHt Wt
l �M (�of)ciA sponsor
o Whose pro-
ps
alsaoitatudsaff an 0 *hall oon- pt
to be attehl file let gcakrniulaa e e um
r ra to O T = �nulsW�e WEth 8 itsit
la
struct r�t PA
has at least prollWo concept* TDM n, reed to rrfrseteuc-
fke LhQiJaand r (+�, um
) rr a : t yture to connect t I�
Ebsquare y eeet g a �� n renes to comply l wi�i At
nt tx of �0 �s tCt �tN requirementtp�mr�ayr (n- Ull
a grooin boor was. tr ttOm thereirstoal y trap k ppp- EF
ct ior d ► (c) The
gapolneor uss stag s�smaq d�J need forg tsuGllEng Nt
residential or rwn-rsaidesen-- I MM use it,or devbi= NO gupcuta, aheitom or AE
film pgect. IrAt.,
r `t x"11 b �Wo atoppo*r�aat Via oft. AF
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n0nih Mi issaaismaw of to Ser- Al
2 ' a2-a1 a i i ►.1t or mort. rsor
62-32.004 INTEf+ft' AND ; n AC
>ie*' o (goat ea thb TrEp
6r*P08 �Rt,Of { �sjh¢Chetde tt t9ti7,tcon.x t!th station
nomar tfis pablupsd rr�ahW t -
MortwrortoRca
rpm ths t�rrer. s ' MMsnogef the"It q
wtth trito m � G�tta of seM�oet Pu
tLnd the 6sy At"Clean Air' i (oncethNdd� tt �ed in taasartstandards - of
rrsn rt #n 1 a
Moment
pto ro erprrer�rsal ft Mwth
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I Pis
'MMol. to
stope rr �un
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of
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1)lnctuga a Traffic
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1 t rraaauraaand I,at a m n m: rftd�oq(l1}inoiuda a Traftic o withtcause.C is tr 81 368 t . f
caUie a al
to Mai aha a I R we
st ntftcance nWy any Routes of f
c�slandarchG,t tion ante tt par rrrylf 1
Mt, "mpr#r tid c t that wWW be af= {
), ags Special
trr tate x teat t act:
In�tao�y ton to i sections
a�ttoirttlalaW st
appilcabi0 S 1 to the ha �cC
ntM! Y Routes # �PGeowthk n f„ 'emaamt pro- r
Ra�tonal 8i nifloanca
kr yrty (3) loon* S.W. artmial or
a In fisc F 00001r mad YFta dMu- C
!O rCuta6 r W-
Yo tlwlna ltroato pAcg�na r im m � oroaoa+usd t
Phan 'Measure C 3 roo. a
Citovtth Manapemcnt Pro wt be
(prerrs 3 2003-a.86 2,orrai- 3:) 3
bt51t l��snyfcu- t 37UaWMW or 3E8 A ALTERNATIVE� h
latlon clamant of Me parser- ( ciiatatlafiad with the num- h
ai pbtsaY be ait�act- ( b®ouoHI peak VIPs
as
t�(ocY c !c�
t will atlw0(c)mayconduct
t theca tciadaated myetit trlpaEetteratton rata to the
g�Z,p���31N6�8 3.) ry2 i ;21
tl�t The stucly cf ut t
TV1Lpt3F0JECTt;6.t c i taut{- t pt
dontl#graniac b h tea arta-lwy.wSEJUN ORO{- Y
tea�tra �g ap" C
mth atttant
(a)A opataopr�aow include f tMearnsspoorr,ord or
In the tentallve map orOAs to
hn WM"
to name
velopmen
v t with s alta
Ito s�i ttta per- i
p �Ixad tbrrna 0f trat+al, f InN orW n PLMO" LF
(#} once
A sponsor•whose pro- 1 dn to full sit Y= area fderrtitta tot
to anon a of BE 7�UtV N. E e be-
w[tnrsl p1e >i con- r�ATE. Tt,s ordinance ba- l
Wt_
transit
r ss a inffaav he �
o �i nvture to .dfi
RUM
scam a withlb a
nd
>nla rega owf ,IfMe anMa tnowo
CurEm 0.Emit
ipro. publadin MAanty.
uet% orya2nADOPTED on shelters 003 f
�bus stop$at hsite. ka � 1.
°t
C
too)A spaao�pw of a pro u AYfg}(I P
tat 11 1 O0 or A. �p ER&�UL WER CiLBY E
.M.peak twur tripe
the trip`rbon f NOES:NONEtT ��� 1 �
nwat 0 son i liad ASSENT:NONE tl
I ohm 2 tadeh - ABSTAIN;NONEthat
tl
txor#w"�tn� t I t ATTEST:"N SWEETEN, 7
co ato rk of the Board of 0
t it u County K
y�pc C C
tit fila s Stott M.t kertGrt L
eh 1 C %W Wauinier 7
Ishan,ata nknum: P'u6iW4Wt 70227.2 003 n