HomeMy WebLinkAbout1421 - ORDINANCES - 9/16/1992 ORDINANCE NO. 1421
AN ORDINANCE OF THE CITY 01' PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 8.40 TO THE PALM
SPRINGS MUNICIPAL CODE, TO ESTABLISH
TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS
FOR SPECIFIED NEW DEVELOPMENT PROJECTS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN, AS FOLLOWS:
SECTION I. That this Chapter is hereby added to the Palm
Springs Municipal Code to read as follows:
TRANSPORTATION DEMAND MANAGEMENT
Sections:
8.40.005 Purpose and Intent
8.40.010 Definitions
8.40. 015 Applicability
8.40. 020 Exemptions
8.40.025 Minimum Standards
8.40. 030 Processing Time Limits
8.40. 035 Filing Procedure and Evaluation
8.40.040 Renewal/Review For Compliance
8.40.045 Fees For Initial Review and Program Monitoring
8.40. 050 Exemptions
8.40.055 Enforcement and Penalties
8.40.060 Appeals
8.40. 005 Purpose And Intent This Chapter is intended to
protect the public health, welfare and safety by reducing air
pollution caused by vehicle trips and vehicle miles traveled. This
Chapter is intended to accomplish emission reductions by meeting
requirements of California Governmental Code Section 65089. 3 (b)
which requires adoption and implementation of a Trip Reduction and
Travel Demand Ordinance by local agencies.
8.40. 010 Definitions. The following words and terms used
in this division shall have the meanings indicated below:
1. "Alternative Transportation Modes" means any mode of
travel that serves as an alternative to the single
occupant vehicle. This can include all forms of
ridesharing such as carpooling or vanpooling, as well as
public transit, people movers, bicycling or walking.
2 . "Applicable Development" means any new development
project that is determined to meet or exceed the
employment threshold using the criteria contained in this
Chapter. An applicable development also includes
developments which are owned and/or managed as one unit,
such as a business park or shopping center, that also
meet or exceed the employment threshold.
3. "Bicycle Facilities" means any capital improvements which
would benefit an employee who rides a bicycle to their
worksite, including shower facilities, locker facilities,
bicycle parking, etc.
Res. No. 1421
Page 2
4. "Change of Use" means a development or facility space of
a lessee which has altered its initial use to another use
not related to the previous. (example.: office space
changes its use to commercial space) .
5. "Developer" means the builder who is responsible for the
planning, design and construction of an applicable
development project. P, developer may be: responsible for
implementing this ordinance as determined by the property
owner.
6. "Employee" means any person employed by a firm,
person(s) , business, educational institution, non--profit
agency or corporation, government agency or other entity
which employs 100 or more persons at a single worksite.
7 . "Employment Generation Factors" refers to factors
developed for use by the jurisdiction for projecting the
potential employment of any proposed development project.
8. "Employer" means any person(s) , firm, business,
educational institution, government agency, non--profit
agency or corporation, or other entity which employs 100
or more persons at a single worksite, and may either be
a property owner or tenant of an applicable development
project.
9. "Employment Threshold" refers to the number of, employees
which an applicable development must have for the TDM
ordinance to be required of that employer.
10. "Minimum Standards" means the minimum changes made to
establish a transportation demand management and trip
reduction plan at an applicable development project to a
level which satisfies this ordinance.
11. "Mixed-Use Development" means new development projects
that combine any land uses one with another.
12 . "New Development Project" means any non-residential
project being processed where some level. of discretionary
action by a decision making body is required'.
13. "Peak Period" means those hours of t:he business day
between 7 a.m. and 9 a.m. inclusive,, Monday through
Friday, which TDM strategies such as this Chapter
identify as the priority period for reducing work related
vehicle trips.
14. "Property Owner" means the legal owner of the applicable
development and/or its designee (i.e. developer) .
15. "Rideshare Facilities" means any capital improvements
which would benefit an employee who rideshares to the
worksite, including on-site amenities, preferential
parking, and rideshare drop-off areas at the entrance of
the worksite.
16. "Site Development Plan/Permit" means a precise plan of
development that: may be approved by the City for any
development or change of use application that requires a
Transportation Demand Management Plan.
Res. Nnn 1421
Page 3
17. "Transit Facilities" means any capital improvements which
would benefit an employee who uses any form of transit to
travel to the worksite, including transit stops,
shelters, bus turnouts, park and ride lots, and other
transit amenities.
18. "Transportation Management Association" or "TMA" means a
voluntary entity of employers, property owners and other
interested parties who share a mutual concern for local
transportation problems. TMA's have the ability to
collectively pool participants' resources to address
these issues. A TMA must still meet a 10% reduction in
work related trips for each individual applicable new
development.
19. "Transportation Demand Management" or "TDM" means the
implementation of programs, plans or policies designed to
encourage changes in individual travel behavior. TDM can
include an emphasis on alternative travel modes to the
single occupant vehicle such as carpools, vanpools, and
transit; reduction or elimination of the number of
vehicle trips, or shifts in the time of vehicle commutes
to other than peak period.
20. "Worksite" means a building,° grouping in buildings
located within the jurisdiction which are ; physical
contact or 'separated solely by a private or public
roadway or other private right of way, and which are
owned or operated by the same employer (or by employers
under common control) .
8.40. 015 Applicability. This Chapter shall apply to all
new development projects and/or change of use projects that are
estimated to employ a total of 100 or more persons as determined by
the following methodology:
1. For purposes of determining whether a new development or
change of use project is subject to this Chapter, the total
employment figure will be determined as follows:
A. Employment projections developed by the project
applicant, subject to approval by the Director of
Planning & Zoning; or
B. Employment projections developed by the Director of
Planning & Zoning using the following employee generation
factors by type of use.
Land Use Category Gross Sq. Ft. /Employee
Retail/Commercial 500
Office/Professional 250
Industrial/Manufacturing 525
Hotel/Motel .8-1.2 employees/room
Hospital 300
The employment projection for a development of mixed use or
multiple uses shall be calculated on a case by case basis
based upon the proportion of development devoted to each type
of use.
Res. No. 1421
Page 4 {
8.40.025 Minimum Standards.
1. All applicable new developments (non-residential developments
which employ 100 or more persons) and/or change of use which
are owned and/or managed as one unit shall submit a
Transportation Demand Management Plan prepared by a traffic
engineer, transportation planner or other qualified
professional identifying traffic impacts associated with a
proposed project and including design recommendations and
mitigation measures, as appropriate, to address on- and off-
site project impacts. Said TDM Plan shall establish a
standard of reducing trips by 10 percent from the average
level indicated in the Institute of Transportation Engineer's
Trip Generation report. The: Plan shall also indicate specific
strategies and guidelines to reduce the amount of traps and
increase the amount of non-vehicular transportation.
2 . All property owners of applicable new developments and/or
change of use shall be subject to required capital improvement
standards as specified in this Section. These standards must
all be addressed to realize if they are applicable to their
development. These required standards may be used to achieve
the mandatory reduction of 10% in the expected number of trips
related to the project. Property owners shall include in
their project Site Development Plan's provisions to address
each of the following capital improvements:
A. Transit facilities (on and off site) ;
B. Bicycle facilities; and
C. Rideshare facilities.
D. See options in Section 8.40.025.4 for specific capital
improvement strategies.
3 . operational standards to achieve the mandatory 10% reduction
in trips related to the project must be established 60 days
after occupancy of the development by an employer.
4 . The following options may be included in the developer's TDM
Plan to fulfill both the capital improvement standards and the
operational standards:
A. Alternate Work Schedules/Flex-time;
incorporate alternate work schedules and flex-time programs
(such as a 9/80 or 4/40 work schedule) ;
B. Telecommuting;
Establish telecommuting or work at home programs to allow
employees to work at home or at a satellite work center;
C. Bicycle Facilities;
Provide bicycle parking facilities equal to 5% of the total
required automobile parking spaces; and preserve up to 2% of
the gross floor area for employee locker and shower
facilities;
Res. No. 1421
Page 5
D. On-Site Employee Housing and Shuttles;
Provide affordable on-site housing and shuttles to and from
residential and work areas;
E. Preferential Parking for Carpool Vehicles;
F. Information Center for Transportation Alternatives;
G. Rideshare Vehicle Loading Areas;
H. Vanpool Vehicle Accessibility;
I. Bus Stop Improvements;
J. On-Site Child Care Facilities;
K. Availability of Electrical Outlets for recharging of
electric vehicles;
L. On-Site Amenities such as Cafeterias and Restaurants,
Automated Teller Machines, and other services that would
eliminate the need for additional trips;
M. Airport Shuttle Service to Hotels and Spas;
N. Contributions to Funds providing Regional Facilities such
as Park and Ride Lots, Multi-Modal Transportation Centers
and Transit Alternatives in the area;
®. Incentives for Mass Transit Usage including provision of
a bus pass, additional pay, flex-time or others;
P. Implementation of increased Parking Fees or new fees;
Q. Restriction of Business Hours;
R. Restriction of Delivery Hours;
S. Provide a Direct Pedestrian Path from the closest Transit
Stop into the facility;
T. Contribute up to $1.00/square foot to a housing subsidy
fund so that affordable housing can be created closer to
employer sites;
U. Develop rideshare and shuttle programs at Resorts/Hotels;
V. Create Golf Cart Circulation System;
W. If an applicable development is on a current transit
route, provide a transit stop, shelter, trash barrels,
benches, shade and wind protection, and bus turnouts;
X. If an applicable development is not located on a current
transit route, contribute to a fund which will be used to
provide transit amenities;
Y. If an applicable development is located on a major
arterial, items W and X above should be considered;
?0 .F
Res. No. 1421
Page 6
Z. Provisions for the implementation of Bicycle Lanes; and
AA. Provide other creative or innovative strategies to reduce
vehicle trips.
_ 8.40.030. Processing Time Limits. It shall be the
responsibility of the Director- of Planning & Zoning or the
Director's designee to inform a Transportation Demand Management
applicant as to the completeness of the application within 30 days
of filing the application. Once the application is accepted as
complete, the Director of Planning & Zoning shall either approve or
deny the application within 60 days.
_ 8 40 035 alua
Filing PKo __ __ A ion.
1. A request for TDM approval shall be made through application
forms provided by the Department of Planning & Zoning. The
application for such approval shall be filed with the
Department of Planning & Zoning within 30 days of the issuance
of a Certificate of Occupancy.
2 . A processing fee shall be paid at the time the completed
application is filed with the Department of Planning & Zoning.
The fee shall be as adopted by resolution of the City Council.
3 . An application for TDM Review shall be supplemented by plans
and other pertinent information to adequately address all
applicable aspects of a proposal.
4. The Department of Planning & Zoning shall review applications
and approve, conditionally approve or deny said application
and shall assure conformity with this Chapter.
8 40 040 Renewal/Review For Compliance.
1. The Department of Planning & Zoning shall review approved TDM
plans annually for compliance to this Chapter by sampling 25%
of implemented TDM programs. This sampling will result in
either renewal of a TDM program if the TDM plan is reducing
work related trips by 1.0%„ or denial of a renewal due to non-
compliance with this Chapter. If a TDM plan is not renewed,
an updated plan must be submitted by the applicable
development (developer, owner, employer or managing office)
within 30 days of the denial of renewal. Said updated plan
shall be reviewed and approved as per Section 8.40.035. A
follow-up review for compliance of the updated TDM plan will
take place within 90 days.
2 . The Department of Planning & Zoning shall. also review any
approved TDM plan for compliance if - complaints about a TDM
plan and its non-compliance are recorded to the City„
8.40. 045 Fees For Initial Review And Program Monitoring.
For purposes of meeting its obligations under this Chapter, the
City Council of the City of Palm springs may by resolution set fees
deemed necessary to review and monitor TDM plans.
8 40 050 Exemptions, Not withstanding any 'other
provisions, the following uses and activities shall be specifically
exempt from this Chapter:
1. Development projects which employ fewer than 100 persons.
Res. No. 1421
Page 7
2. Temporary construction activities on any affected project,
including activities performed by engineers, architects, -
contact subcontractors and construction workers.
3. Other temporary activities, when such temporary activities
shall discontinue at the end of the designated time period.
4. Employers having a current Regulation XV Plan certified by the
South Coast Air Quality Management District, which meets the
intent of this Chapter.
8.40.055 Enforcement And Penalties. For purposes of
ensuring that applicable developments comply with the provisions of
this Chapter, the City of Palm Springs shall, following written
notice to subject property owner(s) , initiate enforcement action(s)
against such property owner(s) or designee(s) which may include,
but not be limited to, the following:
1. Withholding issuance of a Building Permit or Certificate of
Use and Occupancy;
2 . Issuance of a Non-Compliance Infraction Citation; and
3. Issuance of a Stop Work Order.
4 . Any other manner permitted by law.
8.40.060 Appeals. An appeal may be made by the property
owner(s) or designee(s) of any applicable development regarding
decisions by the Director of Planning & Zoning, to the City Council
pursuant to the provisions of Chapter 2.05 of the Palm Springs
Municipal Code.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force
and effect thirty (30) days after passage.
SECTION 3 . PUBLICATION. The City Clerk is hereby ordered and
directed to certify to the passage of this Ordinance, and to cause
the same or a summary thereof or a display advertisement, duly
prepared according to law, to be published in accordance with law.
ADOPTED this 16th day of September , 1992.
AYES: Councilmembers Hodges, Lyons, Reller, Schlendorf and Mayor Maryanov
NOES: None
ABSENT: None
ATTEST. , / CITY OF;PALM SPRINGS, CALIFORNIA
�girty Clerk Mayor
REVIEWED & APPROVED:
U
I HEREBY CERTIFY THAT the foregoing Ordinance 1421 was duly adopted
by the City Council of the City of Palm Springs, California, in a
meeting held on the 16th day of September, 1992, and that same was
published in the DESERT SUN, a newspaper of general circulation on
September 11 b, 21, 1992.
JUDITH SUMICH
City Clerk �,.��