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HomeMy WebLinkAboutORDINANCES - 10061992 - 92-31 CCST� ORDINANCE NO.92- 31 g2 'tPR 27 a� g• 44 TRANSPORTATION DEMAND MANAGEMENT . *4&G0JtiW Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code) : SECTION I . SUMMARY. This ordinance repeals Ordinance No. 87-95, on transportation systems management, and Ordinance No. 89-32, the amended Pleasant Hill Bart Station Area TSM ordinance, and replaces the requirements of these repealed ordinances with division 532, Transportation Demand Management, and chapter 82- 32, added to the County Ordinance Code. 1 SECTION II . Division 532 and chapter 532-2 are added to the County Ordinance Code, to read: DIVISION 532 TRANSPORTATION Chapter 532-2 1 Transportation Demand Management Article 532-2. 2 General 532-2 . 202 Findings. The Board of Supervisors finds and determines as follows . (a) There has been a significant increase in new employment and housing opportunities in Contra Costa County, and this trend is anticipated to continue in the future. (b) Recent growth and increased development and redevelopment within the County will lead to increased traffic coming to, from, and within the County. (c) Transportation Demand Management ( "TDM" ) programs have been shown to be capable of reducing vehicle trips and increasing vehicle occupancy rates and can be simple, effective and reduce the need for major road improvements. ' (d) Decreasing the number of vehicular trips, both absolutely and within peak traffic periods, will help alleviate traffic congestion, energy consumption, and noise levels, and will help to improve and maintain air quality. These improvements contribute to making the County an attractive and convenient place to live, work, visit, and do business, and will help employers recruit and retain a qualified work force. (e) Cooperation with and coordination of TDM programs with other cities, counties, transit agencies, the private sector, and 1 1 . agencies in the region will assist the County in meeting the purposes of this phapter. (f) Adoption of this chapter is one component of a comprehensive approach to TDM that should be supported by complementary land use policies, residential TDM strategies, and transportation improvements. (g) Adoption of this chapter is in the best interests of the public's health, safety, and general welfare, both within the County and the region, and is consistent with the County's general plan. (h) Participation of employees and employee organizations is critical to the successful implementation of this chapter. (Ord. 92- 31 § 2. ) 1 532-2. 204 Purposes. Goal and Oblectives . (a) Purposes . In recognition of the findings in section 532-2.202, the purposes of this chapter are: 1 (1) To promote and encourage use of alternatives to commuting by single occupant vehicle for individuals working in the County; ( 2 ) To promote efficient use of the existing transportation network; (3) To encourage consistency in planning and implementation of transportation programs between public jurisdictions and the private sector; (4 ) To reduce traffic impacts within the County and region by reducing the number of automobile trips, daily parking demand, and total vehicle miles per person travelled that might otherwise be generated by commuting; and (5) To contribute, as one component of a broader air pollution reduction strategy, to achieving the regional air quality goals as established by the Bay Area Air Quality Management District. ' (b) Goal. The goal of this chapter is to assure that existing and future employers and complexes in the unincorporated areas participate in mitigating traffic impacts by implementing TDM measures. (c) Objectives . The objective of this chapter is for all Av=u z. 1992 ORDINANCE NO. 92-31 2 ' employers and sponsors of complexes with 100 or more employees to achieve an average vehicle ridership of 1.30 by 1997 in accordance with the following schedule: Reporting AVR Year Target 1993 1 .15 1994 1 . 20 1995 1 .25 1997 1.30 (Ord. 92- 31 § 2. ) 532-2.206 Definitions. As used in this chapter, the following words and phrases have the meanings ascribed to them in this section. (a) "Alternative work hours program" means any system for shifting the work day of an employee so that the work day starts or ends outside of the peak periods. Such programs include, but are not limited to: 1 ) compressed work weeks; 2) staggered work hours that involve offsetting the fixed work hours of employees at the workplace; and 3) flexible work hours involving individually determined work hours within guidelines set by the employer. (b) "Average vehicle ridership" ( "AVR" ) means the number of persons reporting to the work site between 7 :00 AM and 9 :00 AM, including those participating in a telecommuting program, divided by the number of passenger vehicles, excluding buses and bicycles, arriving during the same period. 1 (c) "Car pool" means a motor vehicle occupied by two ( 2) or more individuals .(the driver and at least one passenger) traveling together for commute purposes . ' (d) "Commute" means a home-to-work or work-to-home trip. (e) "Complex" means either: (1) Any business park or other non-retail, non- residential project in separate or common ownership, which can be identified by two or more of the following characteristics: a) It is known by a common name given to the project by its developer; b) It is governed by a common set of covenants, conditions, and restrictions; April 2, 1992 ORDINANCE NO. 92- 31 3 C) It was approved, or is to be approved, as an. 7 entity by the County; d) It is covered by a single tentative or final subdivision map; or (2) Any multi-tenant building or group of buildings under common ownership with a total of 100 or more employees . (f) "Complex TDM coordinator" means a representative of a complex sponsor designated to implement a TDM Program and to carry out any other requirements of this chapter at the complex. ' (g) "Employee" means any person hired by an employer, other than independent contractors and part-time, temporary, and . seasonal employees. (h) "Employer" means any public or private employer, with a permanent place of business in the unincorporated area of Contra Costa County. "Employer" does not include retail establishments, contractors without a permanent place of business in the County, any other business without a permanent place of business in the County, and government agencies exempt by state or federal law. ' (i ) "Peak periods" means the hours from 7 :00 a.m. to 9:00 a.m. and 4 :00 p.m. to 6 :00 p.m. , Monday through Friday. ( j ) "Pleasant Hill BART Station Area" means the portion of the unincorporated area of the County included in the Pleasant Hill BART Station Area Specific Plan adopted by the board on June 7, 1983. (k) "Project" means a proposal for the development of land, ' requiring a land use entitlement, whether residential or nonresidential, or both, which conforms to county requirements . The term "project" includes the conversion of an existing use to a different use, and expansion of a use. (1) "Public transit" means publicly-provided transportation, usually either by bus or rail, available to users at a fixed cost per ride. (m) "Ridesharing" means transportation of persons in a ' motor vehicle for commute purposes where the driver is not employed for that purpose. The term includes arrangements known as car pools, van pools, and bus pools. (n) "Sponsor" means the owner(s) or developer(s) of a project or complex. APril 2, 1992 ORDINANCE NO. 92- 31 4 o program"( ) "TDM p g " means any combination of activities, programs and actions at the workplace or complex, selected by the employer and implemented by the workplace or complex coordinator, that are designed to encourage the use of telecommuting, public transit, van pools, car pools and bicycles as alternatives to ' commuting by single occupant vehicles. (p) "Telecommuting" means working at home or at a location other than the customary place of work using telecommunications ' technology in order to eliminate commute trips. . (q) "Transportation demand management" ( "TDM" ) means a ' program to reduce the demand for transportation during peak periods by regulatory or incentive techniques. (r) "Transportation management association" means a voluntary organization of employers, property owners/managers, transit operators and other transportation agencies to plan and implement commuter services for members , employees, tenants, or users . (s ) "Van- pool" means a van occupied by five (5 ) or more ' individuals traveling together for commute purposes . (t) "Workplace" means the permanent or predominant place of employment of an employee. (u) "Workplace TDM coordinator" means a person, including a company employee, designated to implement a TDM program and to carry out any other requirements of this chapter at the workplace on behalf of the employer. (Ord.. 921 § 2 . ) 532-2 . 208 Limitations . Nothing in this chapter shall be construed to require an existing employer or complex sponsor to utilize TDM measures which would constitute a breach of an existing lease, or which would require structural modifications or additions to property, the nature of which would require the ' issuance of a building permit. (Ord. 92--. 31 § 2. ) Article 532-2.4 Administration 532-2 .402 County TDM Coordinator. The director of community development is the county TDM coordinator unless the board designates another person or organization to perform this ' function. The county TDM coordinator shall be responsible for 4rii t. 1992 ORDINANCE NO. 92- 31 ' 5 the administration, implementation and enforcement of this chapter and chapter 82-32, and, in furtherance thereof, shall: ' (a) Develop rules, regulations,. procedures, and forms for the submittal of transportation surveys, annual reports, and TDM ' programs; (b) Review and approve all TDM programs; ' (c) Serve as staff to the TDM advisory body; (d) Submit, on an annual basis, a summary report to the board and the county TDM advisory body describing the results of the transportation surveys, and the efforts of employers and complex sponsors in attaining the goal, purposes, and objectives established in this chapter; (e) Recommend changes to this chapter as may be necessary to meet its goal, purposes, and objectives; and (f) Assist employers in the development and implementation of TDM information programs . (Ord. 92- 31 § 2 . ) 532-2 . 404 TDM Advisory Body. The board may form, independently or in conjunction with other jurisdictions, a TDM advisory body. (a) Composition. The members of the TDM advisory body shall be appointed or designated by the board and may include elected officials, representatives of business, representatives of labor, the development industry, transit service providers, and loca3 residents. (b) Term of Office. The term of office for the TDM advisory body shall be two years, except that a member's term shall not expire until the appointment and qualification of a successor. A member may be reappointed for consecutive terms . (c) Functions. The TDM advisory body shall have the following functions: ' (1) Make recommendations on all appeals from decisions of the county TDM coordinator on TDM programs; (2) Advise the board and the county TDM coordinator on any TDM matter brought to its attention by any party; ' (3 ) Recommend changes to this chapter as may be April 2, 1992 ORDINANCE NO. 92-31 ' 6 ' ' necessary to meet its goal, purposes, and objectives; and (4 ) Make recommendations to the board concerning ' formation of transportation management associations within .the County or with neighboring jurisdictions to help employers and.. sponsors comply with the provisions of locally adopted TDM ordinances . (Ord. 92- 31 § 2. ) 532-2 .406 Pleasant Hill BART Station Area Advisory . ' Committee. The Pleasant Hill BART Station Area advisory committee shall serve and function as the TDM advisory body in the Pleasant Hill BART Station Area. ' (a) Composition. The Pleasant Hill BART Station Area TDM advisory committee shall be composed of the following members, to be appointed by the board: ( ) at- 1 One lar a member. g (2) Two members representing employers . (3) One member representing residential projects . (4 ) One member representing the County Planning Commission. (5) One member nominated by the San Francisco Bay Area Rapid Transit District. (6 ) Two members nominated by the Contra Costa Centre Association. ' (7 ) One member nominated by the City of Walnut Creek. (8) One member nominated by the City of Pleasant Hill . (9 ) One member nominated by the Central Contra Costa Transit Authority. ' (b) The term of office shall be two years except that:a member's term shall not expire until the appointment and qualification of a successor. A member may be appointed for ' successive terms. (Ord. No. 92- 31§ 2. ) ' Article 532-2 .6 Complex and Employer ReQuirements 1 April 2. 1992 ORDINANCE NO. 92- 31 ' 532-2.602 Requirements . TDM requirements shall apply to employers and complex sponsors, as set forth in this article. (Ord 92-31 § 2. ) ' 532-2 . 604 Workplace or Complex TDM Coordinator. All employers with 100 or more employees and all sponsors of complexes with 100 or more employees shall independently, or in ' cooperation with other employers or complex sponsors, designate a TDM coordinator with responsibilities for: (a) Implementing and administering the workplace or complex ' TDM program; (b) Preparing and submitting baseline and annual transportation surveys and reports; (c) Acting as liaison with the county TDM coordinator; and ' (d) For complexes, coordinating TDM efforts of individual employers within the complex. (Ord. 92- 31 § 2 . ) 532-2 . 606 TDM Program. All employers with 100 or more ' employees, and all sponsors of complexes with 100 or more employees shall prepare, submit and implement a TDM program in accordance with the requirements of this section. ' (a) Content. A workplace or complex TDM program shall include the following components: -- ( 1 ) TDM Information Program. A TDM program shall include an information program, requiring posting and disseminating materials describing public transit, . ridesharing, ' and non-motorized commuting opportunities available to employees . Informational materials shall be furnished by the county TDM coordinator and the employer. Updated information relating to ' public transit, ridesharing, telecommuting and non-motorized commuting opportunities shall be disseminated to all employees at the time such information is provided to the employer and to new employees when hired. (2) TDM Measures. A TDM program shall identify specific strategies that will be implemented at the workplace or ' complex which are designed to encourage the use of public transit, van pools, 'car pools, bicycling, walking, and telecommuting. April 2. 1992 ORDINANCE NO. 92-_ 8 ' (3) Objective. A TDM program shall be designed to achieve the objective set forth in subdivision (c) of section 532-2 .204 . (4 ) Coordination. A TDM program for a complex with multiple employers shall outline a process for monitoring and assisting in the development and implementation of TDM programs of employers within the complex. ' (b) Submittal. A draft TDM program shall be submitted to the county TDM coordinator ninety (90) days after the county TDM coordinator provides written notice to an employer or complex ' sponsor to prepare a TDM program. (c) Annual Report. Every employer and every complex sponsor required to prepare a TDM program shall submit an annual ' report to the county TDM coordinator. (1) Submittal. The report shall be submitted by August 1 for the immediately preceding July 1 to June 30 period. (2) Contents . The report shall contain sufficient information to allow the county TDM coordinator to evaluate the ' extent and results of the TDM measures employed. The annual report shall contain information as required by the county TDM coordinator, including: a) A description of the measures taken to comply with this chapter; rb) Changes, if any, proposed to the TDM program for the ensuing year; ' - c) The results of the most recent annual survey required pursuant to section 532-2.608, including computation of the average vehicle ridership for the employer or complex; d) The cost to implement the requirements of this chapter for the reporting period; e) The number of off-street parking spaces available to employees; and ' f) The number of off-street parking spaces available to non-emp�gyees. (Ord. 92- 1 §2. ) 532-2 .608 Annual Transportation Survey. Every employer and every complex sponsor required to prepare a TDM program shall 4:il 2. 1992 ORDINANCE NO. 92- 31 1 9 ' submit to the county TDM coordinator, as part of the required annual report, survey information that includes, but is not limited to, the following: ' (a) The number of employees at the workplace; ' - (b) The city .and zip code of each employee's residence; (c) The scheduled time at which each employee arrives at the workplace; and ' ' (d) The method of commuting for each employee. (Ord. 92- 31 § 2. ) _ 532-2 . 610 Employers . Twentv or More Employees . All employers with at least twenty but fewer than 100 employees, and all employers located in complexes occupied by at least twenty but fewer than 100 employees, shall comply with the requirements of this section. ' (a) Annual Transportation Survey. The employer shall submit a transportation survey to the county TDM coordinator 1 annually, on or before June 30 of each year. Transportation survey information shall include: (1 ) The number of employees at the workplace; (2) The city and zip code of each employee's residence; (3) The scheduled time at which each employee arrives and leaves the work place; and ' (4 ) The method of commuting for each employee. (b) TDM Information Program. The employer shall implement ' or participate in a TDM information program that consists of posting and disseminating materials describing public transit, ridesharing, and non-motorized commuting opportunities available ' to employees . (1) Dissemination. Information material shall be furnished to the employer by the county TDM coordinator. Updated information relating to transit, ridesharing, and non-motorized commuting opportunities shall be disseminated to all employees at the time such information is provided to the employer and to new ' employees when hired'. (2) Submittal . The TDM information program April T. 1992 ORDINANCE NO. 92- 31 ' 10 description shall be submitted to the county TDM coordinator- within two months after the effective date of this chapter.- (Ord. 92- 31 § 2. ) Article 532-2. 8 Evaluation of TDM Programs 532-2 .802 Good Faith Effort. Following review of an annual report, the county TDM coordinator may disapprove an existing TDM program and require the submittal of a revised TDM program if the employer or complex sponsor does not demonstrate that a good ' faith effort is being made to meet the objectives of this chapter. A revised TDM program shall be submitted for approval within sixty (60) days of written notification from the county TDM coordinator. (Ord. 92- 31 § 2) . 1 532-2. 804 Review of TDM Programs . The county TDM coordinator shall review and approve, conditionally approve, or disapprove a TDM program within thirty days of receipt. If no ' decision is made within the thirty day period, the TDM program is deemed appved. (Ord. 92- o § 2. ) 532-2 . 806 A eat to TDM Advisory v Bod or Board of pp Supervisors . If the county TDM coordinator disapproves or conditionally approves a TDM program, the employer or complex sponsor may, within thirty days of such decision, appeal the county TDM coordinator's decision to the TDM advisory body ' stating the grounds for appeal. The TDM Advisory Body shall hear the appeal and render an advisory opinion within sixty days of the appeal date. Such opinion may include recommendations as to the adequacy of the TDM program being appealed and what further components, TDM measures, or conditions are recommended. If an opinion is not rendered within the sixty-day period, the TDM program is deemed to be recommended for approval. If a TDM advisory body has not been formed, the TDM coordinator's decisions may be appealed to the board within thirty days of the decision. (Ord. 92- 31 § 2. ) 532-2.808 Review by Board of Supervisors. Within sixty days of the advisory opinion of the TDM advisory body, or decision of the TDM coordinator if .a TDM advisory body has not been formed, the board may hear and approve, conditionally 1 April 2, 1992 ORDINANCE NO. 92- 31 ' 11 ' approve, or disapprove the TDM program. Failure to act within the sixty-day period will result in the automatic approval of the TDM program. ' (Ord. 92- .il § 2. ) ' 532-2.810 Revised Program Upon Disapproval. Within thirty days of disapproval of a TDM program by the board or the county TDM coordinator, if such decision has not been appealed, the ' employer or complex- sponsor shall submit a revised TDM program to the county TDM coordinator. (Ord. 92- 31 § 2. ) 532-2 . 812 Amendment. An amendment to an approved TDM program may be approved at any time by the county TDM ' coordinato (Ord. 92- 3� § 2. ) Article 532-2. 10 Enforcement 532-2 . 1002 Violation. An employer or complex sponsor who ' fails to comply with any requirement of this chapter, after thirty days notice to remedy such failure, shall be subject to the enforGjelment provisions of division 14 . ' (Ord. 92- § 2. ) 532-2. 1004 Pleasant Hill BART Station Area. (a) Due to its location adjacent to a BART station and the concentration of large employers, certain violations of this chapter in the Pleasant Hill BART Station Area warrant stricter enforcement measures . Therefore; notwithstanding section 532-2. 1002, section 14-8 . 002.-does not apply to an employer or complex sponsor in the Pleasant Hill BART Station Area who fails to submit a TDM program in accordance with the requirements of this chapter. ' (b) Misdemeanor. Any employer or complex sponsor located in the Pleasant Hill BART Station Area who fails to submit a TDM program in accordance with the requirements of this chapter, ' after thirty days notice to remedy such failure, is guilty of a misdemean (Ord. 92- § 2. ) II SECTION I . Chapter 82-32 is added to the County Ordinance 1 Code, to read: Chapter 82-32 Transportation Demand Management Apri1 10, 1992 ORDINANCE NO. 92- 31 12 ' 82-32 . 002 Definitions . As used in this chapter, the following terms shall have the following meanings: (a) "Project" means a proposal or application for the development of land requiring a land use entitlement, whether residential, nonresidential, or both, which conforms to county requirements. "Project" includes the conversion of an existing ' use to a different use, and expansion of a use. (b) "Sponsor" means the owner or developer of a project. (Ord. 92- 31 § 3. ) 1 82-32. 004 TDM Requirements . The requirements of this chapter and chapter 532-2 shall apply to all projects . (Ord. 92- 3.1 § 3. ) ' 82-32 . 006 Prosect, 100 or more Employees . All sponsors of projects that will have 100 or more employees shall prepare, ' submit, and obtain approval of a TDM program in accordance with the requirements of section 532-2.608 prior to final project approval. (Ord. 92- 31 § 3. ) 82-32 . 008 Off-Street Parking Reductions . Sponsors of projects may qualify for reductions in off-street parking t requirements . Sponsors requesting parking reductions shall submit a conceptual TDM program to the community development department with the submittal of an application for the project. ' If the tenant is known, the project sponsor and tenant shall jointly submit a conceptual TDM program. 1 (a) Conceptual TDM Program. The conceptual TDM program shall identify TDM measures sufficient to attain the anticipated trip reduction. The county TDM coordinator shall review the ' project's conceptual TDM program and make a recommendation on the proposed parking reduction to the component of the planning agency hearing the project application. ' (b) Final TDM Program. The design and implementation of a final TDM program shall be a condition of project approval. The project sponsor shall provide deed notification to all purchasers ' or lessees f mandatory participation in the final TDM program. (Ord. 92- 3-1 § 3. ) ' 82-32.010 Residential Proiects . Sponsors of residential projects shall prepare and implement a TDM information program in accordance with the requirements of this section. Aye 10, 1992 ORDINANCE NO. 92- 31 ' 13 i ' (a) - Owner-OccupiedUnits . Every sponsor selling or offering for sale a residential dwelling to a prospective buyer shall notify and offer to that buyer, as soon as it may be done, ' materials describing public transit, ridesharing, and non- motorized commuting opportunities available in the vicinity of the development.. ' (b) Rental Units . Every sponsor renting or offering for rent a residential dwelling shall notify and offer to the prospective tenant, as soon as it may be done, materials describing public transit, ridesharing, and non-motorized commuting opportunities in the vicinity of the development. (Ord. 92- 31 § 3. ) l 82-32. 012 Deed Notification. The project sponsor shall provide deed notification to all purchasers or lessees of any TDM requirements imposed pursuant to this chapter, or chapter 532-2 . (Ord. 92- 31 § 3 . ) ' SECTION IV. REPEAL. Ordinances Nos . 87-95 and 89-32 are hereby ' repealed. j SECTION V. EFFECTIVE DATE. This ordinance becomes effective thirty days after passage, and within fifteen days after passage shall be published once with the names of Supervisors voting for and against it in the Contra Costa Times , a newspaper published in this County. 0 PASSED and ADOPTED on April 21, 1992 by the following vote: 0 AYES: SunervisorsTowers , Fanden, Schroder, Torlakson, McPeak • i ' ONOES: _None ABSENT: None aABSTAIN: None ATTEST: PHIL BATCHELOR a Clerk of the Board of Supervisors and County Administrator By•• A-1W.46/2,Ad,& "I. Deputy Clerk Chair, Board of Supervisors II i i Q [SEAL] LTF:ct a DA6as\aln.ltf i April 10. 1992 I ORDINANCE NO. 92- 31 D 14 a