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Ordinance Number 691174 NO. 691 AN AMENDMENT TO TITLE 9 OF THE MUNICIPAL CODE REGARDING TRANSPORTATION DEMAND MANAGEMENT (TDM) REGULATIONS AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA ADDING CHAPTER 9-9 TO THE MUNICIPAL CODE ESTABLISHING TRANSPORTATION DEMAND MANAGEMENT (TDM) REGULATIONS. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 FINDINGS a. Whereas, the Congestion Management Plan (CMP) provisions established by AB471 and the Measure "M" legislative initiative require the preparation and adoption of Transportation Demand Management/Transportation Systems Management Ordinance; and, b. Whereas, the Environmental Review Board has adopted a negative declaration pursuant to the provisions of the California Environmental Quality Act (1970) and otherwise carried out all applicable provisions of that Act; and, C. Whereas, the Traffic and Transportation Commission conducted a public hearing on the Ordinance at their May 22, 1991 meeting and recommended adoption. d. Whereas, the Planning Commission conducted a duly noticed public hearing on the Transportation Demand Management Ordinance at their June 11, 1991 meeting and recommended adoption subject to modifications and said modifications have been incorporated into the draft Ordinance under City Council consideration; and, e. Whereas, the Transportation Demand Management Ordinance is consistent with the goals, policies and objectives of the San Juan Capistrano General Plan; and, f. Whereas, the Transportation Demand Management Ordinance is consistent with and implement the requirements of the County -wide Congestion Management Plan and Measure "M" which require the adoption of a TDM Ordinance and TSM Ordinance, respectively; and, g. Whereas, the Transportation Demand Management Ordinance complies with the provisions of the California Environmental Quality Act (1970); and, h. Whereas, the Transportation Demand Management Ordinance complies with the provisions of the South Coast Air Quality Management Plan's control measures. TDM Ordinance SECTION 2 AMENDMENT TEST -2- Based upon the findings set forth in Section 1 preceding, the following amendments to the Municipal Code are hereby enacted: Chapter 9-9 Transportation Demand Management Ordinance Section 9-9.101, Purpose and Intent. The City of San Juan Capistrano finds and determines that the purpose and intent of this Ordinance is to: (a) Comply with State law requiring the development of Congestion Management Programs (AB471 and 1791) which mand-te the adoption of a "Trip Reduction and Travel Dema i Ordinance" nd County leislative initiative (Measure "M") requiring the adoption of a "Transportation Systems Management Ordinance"; and, (b) Complement other Transportation Demand Management (TDM) programs requirements which have been adopted for the Southern California region by SCAG including Regulation XV and Air Quality Management Plan (AQMP) Appendix IV - G, Control Measures; and, (c) Reduce traffic congestion which contributes to significant deterioration of air quality and increase the efficient use of energy resources; and, (d) Increase mobility, improve the overall efficiency of -ta City's transportation system by enhancing vehicular fl,,; and shifting transportation demand to facilities with available capacity; and, (e) Improve air quality and reduce noise levels associated with traffic. Section 9-9,102, Definitions. (a) "Average vehicle ridership (AVR)" is calculated by dividing the number of employees who report to the worksite or another job-related activity between 6:00 a.m. and 10:00 a.m. inclusive Monday through Friday by the number of vehicles used by these employees. The AVR calculation requires that a five (5) consecutive weekday average be used and cannot include a holiday (b) "Car/van pool" shall be defined as a shared ride by two or more employees in motor vehicles, to and from their worksite(s). TDM Ordinance -3- (c) "Development project" means any proposed non-residential proposal subject to a discretionary review process including rezoning, subdivision, conditional use permit, site plan review, or architectural control. {d) "Employee" shall be defined as any person employed by a firm, business, educational institution, non-profit agency, corporation, government agency, or other entity. (e) "Employment generation factors" mean factors used to calculate the total potential employment of a particular project for determining the applicability of the provisions of this Ordinance. (f) "Facility standards" are site or building improvements required by this Ordinance which provide opportunities for trip reduction. (g) "Level of Service (LOS)" is a measure of the operational performance of a road link or intersection based on a ratio of volume to capacity (V/C) of the facility as determined by the Intersection Capacity Utilization (ICU) method. (h) "Mixed-use development" (MXD) means a project which integrates a variety of land uses including residential, office, commercial, service, and employment and can result in measurable reductions in traffic impacts. (i) "Peak period" shall be defined as 6:00 a.m. through 10:00 am period of time, inclusive Monday through Friday. (j) "Transportation Demand Management (TDM)" refers to the implementation of any technique or method which seeks to or has been demonstrated as being successful in reducing the demand for travel or vehicle miles traveled (VMT). Recognized TDM methods include carpooling, transit (rail or bus), telecommuting, alternative work weeks, and similar techniques. (k) Transportation Management Association (TMA) consists of a group of two or more employers established under Conditions, Covenants, and Restrictions provisions to provide a comprehensive and coordinated trip reduction program. (1) "Worksite" means a building, grouping of buildings, or property which are in actual physical contact or separated solely by a private or public roadway/right- -4171 TDM Ordinance -4- of-way, and which are owned or operated by the same employer or by employers under common control. Section 9-9.103, Applicability. (a) The provisions of this Chapter shall apply to all proposed non-residential development. (b) The Facility Standards provisions of this Chapter shall apply to proposed non-residential development projects based on projected number of employees according to subsection (c) and based the following tabs°. For those facility standards which are discretionary, the Planning Director shall have the authority to equire the provision of sexch improvements based on their trip reduction capability. Number of Employees 15-25 25-49 50_99 100-249 250+ Rideshare Information Area R R R R R Secure Bike Storage D R R R R Preferential Parking - R R R R Rideshare Passenger Loading - D R R R Bicycle Lockers - D D R R Shower Facilities - - D R R Bus Turnout - - - D R Central Lunchroom - - D D R (R• Required; D: Discretionary; -: Not required) (c) Fo: the purpose of determining whether a proposed development project is subject to the provisions of this chapter, projected total number of employees shall be determined based on the following: (1) Employment projections shall be based on the proposed area (square feet) of non-residential development, the type of land use, and the following "employee generation factors": ,. - .1V Commercial 500 SF/employee Office 250 SF/employee Industrial 525 SF/employee Hotel/motel 1.2 rooms/employee others determined by the City Engineer TDM Ordinance -5- (2) In cases where the applicant believes that the "employee generation factors" of subsection (1) are not appropriate, they may request approval to use alternative "employee generation factors" subject to review and approval by the Planning Director. The Planning Director may approve such alternative "employee generation factors" based on findings that they are based on comparable or more accurate survey data conducted by a professionally recognized organization and that they will result in a more accurate estimate of potential employees for a given project. Section 9-9.104, Facility standards. All non-residential development projects which are required to provide rideshare facilities pursuant to Section 9-10.103 shall comply with the following facility standards: (a) Rideshare Information Area (1) Rideshare information areas shall be an area that provides employees with information on available transportation alternatives to the single -occupancy vehicle. (2) The area shall be centrally located and accessible to all employees or tenants. (3) Information should include current routes and schedules for public transit, ridesharing match lists, available employee incentives, and ridesharing promotional material supplied by commuter -oriented organizations. (b) Secure Bicycle Storage (1) Bicycle storage facilities for use by employees or tenants shall be conveniently located in relationship to employee building entrances. (2) Bike storage facilities shall be provided for five (5) bicycles for every 100 employees or fraction thereof. (c) Preferential Parking (1) A minimum number of parking spaces restricted for use by "car/van pool" vehicles shall be based on the following percentage of total required parking: TDM Ordinance -6- Commercial Uses .045 Office/Professional Uses .1275 Industrial/R&D Uses .135 Hotel Uses .045 (2) "Car/Van Pool" parking spaces shall be clearly designated by surface painting and/or signs indicating "Car-pool vehicle use only" and will be located in close proximity to the employee entrance to the building to the satisfaction of the City Engineer. (d) Rideshare Vehicle Loading Area (1) Loading areas shall be -ovided for rideshare vehicles in close proxi:..w`cy to the building's employee entrance(s). (2) Rideshare vehicle loading areas will be sized to accommodate the anticipated type of rideshare vehicle and should be designed in a manner that does not impede vehicular circulation in the parking area. (e) Bicycle Lockers (1) Bicycle lockers shall be provided at the rate of five (5) bicycles per 100 employees or fraction thereof. (2) Bicycle lockers shall consist of enclosed, lockable cabinets or similar facilities for the temporary storage of single bicycles by employees. (f) Employee Shower Facilities (1) Employee shower facilities for use by bicycle and pedestrian commuters will be conveniently located and available to all employees. (2) Employee shower facilities shall be provided at a minimum of two (2) for every two -hundred fifty (250) employees or fraction thereof. (g) Bus Turnouts (1) Bus stop improvements including bus pullouts, bus pads, and right-of-way for bus shelters may be required by the City Engineer for major developments TDM Ordinance -7- located along high traffic volume streets and established bus routes based on the recommendation of the "Transit Authority" which provides public bus service to the project site. (2) Bus stop improvements will be designed to conform with standard traffic engineering standards. (h) Central Lunchroom (1) Central lunchroom facilities will provide employees with on-site food preparation and eating areas. Central lunchrooms shall provide a minimum of 10 square feet per employee. (2) Central lunchrooms shall include, at a minimum, a rangetop, refrigerator, microwave, and sink. All proposed non-residential development projects which consist of multi -tenant or multiple parcel development shall be required to establish a Transportation Management Association within the Conditions, Covenants and Restrictions (CC&R) for the property. The purpose of this section is to facilitate compliance with the provisions of the Air Quality Management District's Regulation XV. The Transportation Management Association (TMA) provisions of the Conditions, Covenants, and Restrictions shall include the following elements: (a) Establish Transportation Management Association (TMA) membership and operational procedures. (b) Establish tenant responsibility to participate in the operation and administration of Transportation Management Association and the implementation of TMA programs. (c) Grant the Transportation Management Association the authority to levy an assessment to finance the programs and activities of the Association. (d) Grant the Transportation Management Association the authority to administer and implement rideshare and trip reduction programs including but not limited to the following: (1) Implement carpool, buspool, and/or vanpool programs. (2) Fund a vanpool purchase program. i's 1A TDM Ordinance -8- (3) Provide cash allowances, passes or other public transit subsidies. (4) Impose parking fees or restrictions on single occupancy vehicles. (5) Provide full or partial parking subsidies for ridesharing vehicles. (6) Administer commuter rideshare matching service. (7) Provide employees with guaranteed ride -home program for ridesharing. (8) Limit service vehicle deliveries to non -peak hours. (9) Provide on-site day care services. (10) Pay cash bonuses for ridesharing. (11) Provide housing including preferential financing, assistance, moving expenses. (12) Assign staff responsibility for coordinating ridesharing activities. Section 9-9.106. Transportation Demand Manacement (TDM) Plan. At such time that the City issues an occurAncy permit, business license or similar approval for a single -residential use or project which will employ the minimum numbe of persons requiring compliance with the South Coast Air Quality kanagement District's Regulation XV, the City will forward a notice of such action to the District to assure preparation of the required Transportation Demand Management Plan and compliance with the provisions of that regulation. Section 9-9.107. Implementation and Exceptions. (a) All applicable non-residential development projects shall demonstrate compliance with the provisions of this Chapter as part of the land development application review process as follows: (1) Facility standards shall be reviewed for compliance as part of the "site plan review" or "architectural control" application process. TDM Ordinance -9- (2) The establishment of a Transportation Management Association (TMA) shall be subject to the review and approval of the Planning Director as part of the "subdivision" or "site plan review" process. The approved TMA document shall be recorded prior to the issuance any grading/building permits. (b) The Planning Director shall have the authority to grant exceptions to the provisions of this Chapter based on findings that the exception is not contrary to the purpose and intent of this Chapter and is consistent with the provisions of the General Plan. section 9-9.108, Enforcement To assure compliance with this Chapter, the City may withhold the issuance of "building permits", "certificates of use or occupancy", and/or "business licenses" for a development project or its tenants until all required facility improvements have been completed and/or any necessary CC&R documents have been recorded. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 4 CITY CLEARS CERTIFICATION The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published once as required by law and posted at the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED this of July , 1991. ATTEST: CITY CLE 16th K NNETH E. FRIESS, AAYOR day -183 j STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and corrgct copy of ordinance No. 691 which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on July 2 , 1991, and adopted at a meeting held on July 16 1991, by the following vote: AYES: Councilmen Jones, Buchheim, Vasquez, and Mayor Friess NOES: None Ai ,TAIN: None ABSENT: Councilman Hausdorfer (SEAL) �/%iLP��J�Y-�✓t+�!'YL _ CHERYL JOARSON, CITY CLERK