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HomeMy WebLinkAboutORDINANCES - 05161989 - 89-32 ORDINANCE NO. 89-32 _ AMENDED PLEASANT HILL BART STATION ARI TRANSPORTATION SYSTEMS MANAGEMENT ORDIK The Contra Costa County Board of Supervisors ordains as fc SECTION I . FINDINGS. A. There has been a significant increase in new employment and housing oppor- tunities in Contra Costa County, including within the area covered by the Pleasant Hill BART Station Area. Specific Plan. B. Adoption of the Pleasant Hill BART Station Area Specific Plan has led to increased development activity in the vicinity of the Pleasant Hill BART Station Area. C. Transportation Systems Management ("TSM") programs have been shown to be capable of reducing vehicular trips and increasing vehicle occupancy rates, and can be simple, inexpensive, and effective. D. Decreasing the number of vehicular trips, both absolutely and within peak hour periods, will help alleviate traffic congestion, vehicular emissions, energy consumption, and noise levels. These improvements contribute to making the County an attractive and convenient place in which to live, work, visit and do business, and help employers recruit and retain a qual- ified work force. E. Cooperation with and coordination of TSM programs with other cities, other counties and communities in the region and through regional agencies would enhance the effectiveness of such programs. F. Adoption of this TSM ordinance is one component of implementing a compre- hensive approach to TSM that should be supported by complementary land use policies, TSM strategies, and transportation improvements. G. Adoption of this TSM ordinance is in the best interests of the public's health, safety, and general welfare, and is consistent with and implements the Pleasant Hill BART Station Area Specific Plan. SECTION II . PURPOSES, GOALS AND OBJECTIVES. A. Purposes. In recognition of these findings, the Board of Supervisors does establish this TSM ordinance for the station area for the following purposes: 1. To encourage the use of alternative modes of transportation to the single occupant vehicle; 2. To increase the efficiency of the existing transportation network; 2 3. To develop overall coordination between public jurisdictions and the private sector to encourage consistency in planning and implementation of transportation programs; 4. To achieve change in commute modes; and 5. To reduce traffic impacts within the station area 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. B. Goal . The goal of this TSM ordinance is to assure that project sponsors and employers in the station area participate in mitigating traffic impacts by implementing TSM measures. C. Objectives - Non-Residential . TSM Programs shall have the following primary and alternate objectives: 1. Primary Objective. The primary objective of a TSM program is to achieve a shift in commute modes such that at least 35% of all employees commute to and from the workplace in alternative modes of transportation, other than the single occupant vehicle (sov) . 2. Staging of Primary Objective. The primary objective shall be staged in accordance with the following time schedule based upon the total percentage of employees in the occupied buildings: a. At the time of the first annual report, at least 20% of all employees shall commute to and from the work place in alternative modes of transportation, other than SOVs. b. At the time of the second annual report, at least 25% of all employees shall commute to and from the work place in alternative modes of transportation, other than SOVs. C. At the time of the third annual report, at least 30% of all employees shall commute to and from the work place in alternative modes of transportation, other than SOVs. d. At the time of the fourth annual report, at least 35% of all employees shall commute to and from the work place in alternative modes of transportation, other than SOVs. 3. Alternate Objective. For those employers and project sponsors who can clearly demonstrate, to the satisfaction of, and in accordance with criteria developed by the County TSM Coordinator, that attainment of the primary objective is not feasible, the alternate objective may apply. The alternate objective is to achieve a shift in commute modes and times so that at least 45% of all employees commute outside of the A.M. and P.M. peak periods. Ordinance No. 89- 32 3 4. Staging of Alternative Objective. The alternative objective shall be staged in accordance with the following time schedule based upon the total percentage of employees in the occupied buildings: a. At the time of the first annual report, at least 30% of all employees commute outside of the A.M. and P.M. peak periods. b. At the time of the second annual report, at least 35% of all employees commute outside of the A.M. and P.M. peak periods. C. At the time of the third annual report, at least 40% of all employees commute outside of the A.M. and P.M. peak periods. d. At the time of the fourth annual report, at least 45% of all employees commute outside of the A.M. and P.M. peak periods. SECTION III . DEFINITIONS. A. "Alternative Work Hours Program" means any system for shifting the work-day of an employee so that the work day starts and/or ends outside of the peak periods. Such programs include, but are not limited to: (1) compressed work weeks; (2) staggered work hours involving a shift in the set work hours of all employees at the work place; and (3) flexible work hours in- volving individually determined work hours within guidelines established by the employer. B. "Building permit" means a permit to erect or construct any structure or building or portion thereof. C. "Carpool" means a motor vehicle occupied by two or more employees travel- ling together. D. "Commute" means a home-to-work or work-to-home trip. E. "Contra Costa Centre Association" is a private non-profit organization of developers, building owners and employers within the Pleasant Hill BART Station Area. F. "Employee" means any person hired by any employer, excluding independent contractors and part-time, temporary and seasonal employees. G. "Employer" means any public or private employer having a permanent place of business in a project. "Employer" shall not include contractors with no Ordinance No. 89- 32 4 permanent place of business in a project, other businesses with no perma- nent work place and government agencies not subject to local regulation. H. "Final Inspection" means the last inspection conducted by the Building Inspector before occupancy. I. "Peak Periods" means the hours from 6:30 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m. during non-holiday week days measured at the work site. J. "Project" means any development within the unincorporated area within 3000 feet of the Pleasant Hill BART Station which is new or for which a building permit was issued on or after December 1, 1982, except that single build- ings used exclusively for retail sales purposes shall be excluded. K. "Project sponsor" means the project owner or owners. L. "Public transit" means publicly provided transportation, usually either by bus or rail , to users at a fixed cost per ride. M. "Ridematching" means a process of identifying interested drivers and interested riders for purposes of ridesharing. N. "Ridesharing" means transportation of more than one person in a motor vehicle for commute purposes such as carpools, vanpools and buspools. 0. "Single occupant vehicle" means a passenger car, or truck less than 2 tons, occupied by one employee for commute purposes. P. "Transportation Systems Management" ("TSM") means a program to improve the movement of persons and goods through better and more efficient utilization of the existing transportation system. Q. "Vanpool" means a van occupied by five (5) or more employees travelling together. R. "Workplace" means the place of employment, base of operation, or predomi- nant location of an employee. S. "Workplace coordinator" means a person, who could be a company employee, designated to implement a TSM program and carrying out any other require- ments of this ordinance at a workplace. SECTION IV. COUNTY TSM COORDINATOR. The Director of Community Development is the County TSM Coordinator. The County TSM Coordinator: (1) shall review and approve all TSM Programs and content; (2) shall develop, for submittal to the Board of Supervisors for approval , rules, regulations, forms, guidelines and procedures for the submittal of transportation surveys, annual reports, and TSM programs; (3) has all those duties and powers set forth in this ordinance, and is responsible for carrying out all acts necessary for the administration and implementation of this ordinance; (4) shall , on an annual basis, submit a Ordinance No. 89- 32 i 5 summary report to the Board of Supervisors and TSM Advisory Committee describing the results of the transportation surveys, annual reports, and the success of the TSM Programs in satisfying the goal and purposes of this ordinance; and (5) may, at any time, recommend changes to this ordinance as may be necessary to meet the goal , purposes and objectives established herein. SECTION V. STATION AREA TSM ADVISORY COMMITTEE. A. Created. The Board of Supervisors hereby finds that TSM is an area-wide concern of both the public sector and private industry, and optimum success of any TSM program required coordination and cooperation between public agencies and private sector groups. Therefore, a Pleasant Hill BART Station Area TSM Advisory Committee "TSM Advisory Committee" is hereby created, to serve as an advisory body to the Board of Supervisors and the County TSM Coordinator. B. Members. The TSM Advisory Committee shall be composed of the following members, to be appointed by the Board of Supervisors: 1. One at large member nominated by the Board of Supervisors. 2. Two members nominated by the Board of Supervisors who represent employers. 3. One member nominated by the Board of Supervisors who represents the residential projects. 4. One member nominated by the San Francisco Bay Area Rapid Transit District. 5. Two members nominated by the Contra Costa Centre Association. 6. One member nominated by the City of Walnut Creek. 7. One member nominated by the City of Pleasant Hill . C. Member Requirements. Committee members shall be persons within the area affected by the ordinance or who have specific technical knowledge on the operation of TSM programs. D. Term of Office. The term of office for each member shall be one calendar year, or portion thereof, ending on December 31 of that year, except that a member's term shall not expire until a successor is appointed. Members may be reappointed for consecutive terms. E. Meetings. The TSM Advisory Committee shall establish regular scheduled dates and times for its meetings, and shall promulgate rules for the conduct of its meetings. Ordinance No. 89-32 6 F. Functions. The TSM Advisory Committee: (1) shall consider and advise the Board of Supervisors and County TSM Coordinator on all matters as may be referred to them; (2) shall make recommendations on all appeals from decisions of the County TSM Coordinator on TSM programs; (3) may consider and render advice on any TSM matter brought to its attention by any party; and (4) may at any time, recommend changes to this ordinance as may be necessary to meet the goal , purposes and objectives established herein. SECTION VI . TRANSPORTATION SURVEY. A. Required. All employers in a project shall submit to the County TSM Coordinator on an annual basis, transportation surveys to the County TSM Coordinator, in accordance with the provisions of this sectyion. Transpor- tation surveys shall be due on July 1 of each year, or on such other date designated by the County TSM Coordinator. B. Content. The transportation surveys shall include, at a minimum, the following information: 1. The number of employees. 2. The number of employees at each workplace, if more than one workplace is involved. 3. The number of employees per shift at each workplace. 4. The city and zip code of each employee's residence, and the employee's usual work schedule. 5. Based upon a survey response of at least 75-% of all employees, the number of employees commuting to the workplace by each of the follow- ing modes of transportation: a. Single occupant vehicle. b. Carpool , including the number of occupants per vehicle. C. Vanpool , including the number of occupants per vehicle. d. BART. e. Other public transportation. f. Bicycle. g. Walking. h. All other modes. Ordinance No. 89-32 0 7 SECTION VII. TSM PROGRAM A. Non-Residential 1. Required. A TSM Program shall be prepared and implemented in accor- dance with the provisions hereof by all employers located in a project and all project sponsors. 2. Minimum components. A TSM Program shall include the following: a. Designation of a workplace coordinator who shall be responsible for implementing the TSM Program and serve as liaison with the County TSM Coordinator. b. A statement of the applicable objective. C. A program for posting and disseminating informational materials pertaining to transit, ridesharing, and non-motorized commute modes. Such informational material shall be obtained from the County TSM Corodinator and other sources. The program shall provide for the dissemination of current material to new employ- ees, and for the dissemination and/or posting of updated materi- als. d. A combination of TSM techniques developed in accordance with written guidelines adopted by the Board of Supervisors, designed to meet the objectives of the ordinance. TSM techniques may include, but are not be limited to organization of van pools, carpools or other ridesharing programs, subscription bus service for employees, transportation incentives, parking management, provision of amenities such as bicycle lockers, showers, transit shelters, shuttle services or other incentives for use of alter- native, travel modes, parking preference or other incentives for carpooling or use of public transit. e. An estimate of the cost to implement the TSM Program. f. An enforcement program, designed to act as an assurance that the TSM Program will be implemented in a manner that the ordinance objectives are most likely to be accomplished. For project sponsors, the enforcement program shall include the submittal of a bond issued by a corporate surety, a letter of credit or other financial assurance satisfactory to the County TSM Coordinator (hereafter collectively referred to as "the bond") , guaranteeing the implementation of the TSM Program. The bond shall be renewed annually until the final objective has been achieved and main- tained for a period of 12 months; however, such bond shall not be required longer than 7 years from the date of initial approval of the TSM program. The bond shall be in an amount determined by the County TSM Coordinator and shall be sufficient to fund the implementation of the TSM Program for the following year. Ordinance No. 89- 32 8 B. Residential . Project sponsors of new residential projects and existing residential projects in the ordinance area obligated by their conditions of approval to develop and implement TSM Programs shall prepare and implement TSM Programs and submit surveys and annual reports, in accordance with objectives adopted by the Board of Supervisors. C. Submittal 1. Projects. Project sponsors shall submit a proposed TSM Program to the County TSM Coordinator with the submittal of an application for the project. No building permit shall be issued until the TSM Program has been approved, and a final inspection shall not be conducted until all physical or structural elements of the TSM Program of a project or of a particular phase of a project, have been completed. 2. Projects with Development Plan Approval . Project sponsors of projects which have already received development plan approval shall submit a TSM Program to the County TSM Coordinator before any building permit may be issued. A final inspection shall not be conducted until the TSM Program has been approved. 3. Projects with Building Permits. Project sponsors of projects which have already been issued building permits shall submit a TSM Program to the County TSM Coordinator within 90 days of the effective date of this ordinance. After January 1, 1987 a final inspection shall not be conducted until the TSM Program has been approved. 4. Employers. Employers subject to the TSM Program requirements of this ordinance shall submit a TSM Program within 90 days of the effective date of this ordinance, or within 90 days after the employer becomes subject to the provisions of this ordinance, or declare participation in an approved TSM Program. D. Joint Participation. A project sponsor's or employer's participation in an approved TSM Program shall satisfy the TSM Program requirement of this ordinance. E. Review of TSM Programs, Appeal . 1. County TSM Coordinator. The County TSM Coordinator shall review and approve, conditionally approve or disapprove a TSM Program within 30 days of receipt. 2. Appeal . If the County TSM Coordinator disapproves or conditionally approves a TSM Program, the project sponsor or employer may, within 15 days of such decision, appeal the County TSM Coordinator's decision to the Board of Supervisors, stating the grounds for appeal . Ordinance No. 89- 32 9 3. TSM Advisory Committee. An appeal to the Board of Supervisors shall be automatically referred to the TSM Advisory Committee. The TSM Advisory Committee shall hear the appeal and render an advisory opinion within 60 days of the date of appeal . Such opinion may include recommendations as to the adequacy of the TSM Program being appealed and what further components, TSM techniques, conditions of compliance assurances, including adequacy of bonding, are recommended. 4. Board of Supervisors. Within 30 days of the receipt of the Advisory Committee's opinion, the ' Board of Supervisors shall schedule and conduct a public hearing. The Board of Supervisors may approve, conditionally approve or disapprove a TSM Program. F. New Program Upon Disapproval . Within 30 days of disapproval of a TSM Program by the Board of Supervisors or the County TSM Coordinator, if such decision has not been appealed, a project sponsor or employer shall submit a new program to the County TSM Coordinator. G. Amendment. An amendment to an approved TSM Program may be approved at any time by the County TSM Coordinator. H. Limitations. Nothing in this ordinance may be construed to require an existing employer or project sponsor to utilize TSM techniques 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. SECTION VIII . ANNUAL REPORTS. All project sponsors and employers with approved TSM Programs shall submit to the County TSM Coordinator an annual report, including a transportation survey, describing the TSM Program, its results during the reporting period, and recommendations for modifications to the approved TSM Program, if any. SECTION IX. ENFORCEMENT A. Failure to Achieve Ordinance Objectives: 1. Revised TSM Programs. If a project sponsor, or employer subject to the TSM Program requirements of this ordinance is unable to reach or maintain the objectives set forth in the ordinance by the time of the required second annual report, or any annual report thereafter, the County TSM Coordinator may require that a revised TSM Program be prepared and submitted pursuant to Section VII , except that it shall be submitted within 60 days of such request. 2. Mandatory TSM Program. If, after the implementation of a second revised TSM Program, the objectives set forth in the TSM Program have not been attained, the County TSM Coordinator shall require implemen- tation of a mandatory TSM Program prepared by the County TSM Coordinator. Ordinance No. 89- 32 10 B. Failure to Implement Approved TSM Program. If the County TSM Coordinator finds that a project sponsor or employer has failed or is failing to implement a term or condition of an approved TSM Program, the County TSM Coordinator may proceed as set forth herein. Notice shall given requiring the project sponsor or employer to take steps to implement the TSM Program within thirty (30) days, and to report on the TSM Program's progress within ninety (90) days, or to request a hearing to show cause why such action should not be taken. A request for hearing must be in writing and made within 15 days of the notice. If, after receipt of a 90-day report, the County TSM Coordinator determines that a term or condition of a TSM Program is not being implemented, notice shall be given to the project sponsor or employer that the County shall assume implementation responsibility. The notice shall state the approxi- mate cost of implementation and that all costs shall be borne by the project sponsor or employer. The notice shall further advise that within 15 days, a hearing may be requested to show cause why such action should not be taken. All hearings under this subsection shall be heard by the County TSM Coordinator. All decisions of the County TSM Coordinator may be appealed as provided in Subsection E of Section VII. C. Criminal Enforcement. Regardless of the availability of other civil or administrative remedies and procedures for enforcing this ordinance, the following criminal penalties will apply: 1. Misdemeanor. Failure to submit or have an approved TSM Program pursuant to Section VII , after written notice thereof is provided, is a misdemeanor. Every misdemeanor violation of this ordinance is punishable, upon conviction thereof, by imprisonment in the County jail for not over six &6) months and/or a fine not exceeding one thousand dollars. 2. Infraction. Except as provided in Subsection C, 1 of Section IX, any failure to implement a term or condition of an approved TSM Program or to act pursuant to Sections VI, VII, or VIII is an infraction. Every infraction violation of this ordinance is punishable, upon conviction thereof, by: (a) a fine not exceeding one hundred dollars for the first violation; (b) a fine not exceeding two hundred dollars for a second violation of the same provision within one year; (c) a fine not exceeding five hundred dollars for each additional violation of the same provision within one year. 3. Violations - Continuing. Acts, omissions or conditions in violation of this ordinance which continue, exist, or occur more than one day constitute separate violations and offenses on each such day. Ordinance No. 89- 32 11 D. Civil Enforcement 1. Generally. In addition to the penalties provided by this ordinance, this ordinance may be enforced by any civil action, directly against the act, omission or condition, or for damages therefor. 2. Injunction. Any failure to act as required by this ordinance may seriously and detrimentally affect the attaining of the goal of this ordinance, and the goals of the Pleasant Hill BART Station Area Specific Plan. Provided a project sponsor or employer is given 60 days' notice to comply with the provisions of this ordinance, upon such failure, the Board of Supervisors may authorize an action for injunctive relief, to enjoin a project sponsor or employer from viola- ting the provisions of this ordinance, including the provisions of a TSM Program. SECTION X. PRIOR ORDINANCE. Ordinance No. 86-51 is repealed because it is replaced by this ordinance. SECTION XI . EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for and against it in the Contra Costa Times, newspaper published in this County. PASSED AND ADOPTED ON May 16, 1989 by the following vote: AYES: Supervisors Powers, Fanden, Schroder, McPeak and Torlakson NOES None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and CountyAdministra or 0 r' By Ids �G � Depu Board Chair (Seal ) Ordinance No. 89- 32