HomeMy Public PortalAboutOrdinance 712ORDINANCE NO. 712
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,
CALIFORNIA, AMENDING TITLE 10 (VEHICLES AND TRAFFIC) OF THE
BEAUMONT MUNICIPAL CODE BY ADDING CHAPTER 10.42 ESTABLISHING
TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS FOR SPECIFIED
NEW DEVELOPMENT PROJECTS_
PURPOSE AND INTENT
RECITALS
A.
B.
C.
D.
E.
This Ordinance is intended to protect the public health, welfare and safety
by reducing air pollution caused by vehicle trips and vehicle miles
traveled. This Ordinance shall do this by meeting requirements of
AB 1791, Section 65089 (b) (3) which requires development of a trip
reduction and travel demand element to the Congestion Management Plan
(CMP), and Section 65089.3 (b) which requires adoption and
implementation of Tri p Reduction and Travel Demand Ordinances.
WHEREAS, state law establishing requirements for development of a
countywide Congestion Management Program (AB 471 & 1791) mandates
the inclusion of a Trip Reduction and Travel Demand Element/ Ordinance;
and
WHEREAS, other Transportation Demand Management (TDM) program
requirements have been adopted for the region including Regulation XV and
Appendix IV -C Control Measures of the Mr Quality Management Plan
(AQMP); and
WHEREAS, generally increased traffic congestion contributes to
significant deterioration in air quality; increases the inefficient use of
energy resources; and adversely impacts public and private sector
economies due to reduced productivity of the work force; and
WHEREAS, various efforts underway including the Congestion
Management Program (CMP) recognize and encourage the use of
Transportation Demand Management (TDM) strategies to increase
mobility and improve the general efficiency of the transportation system
by enhancing vehicle flow and shifting demand on existing transportation
facilities; and
WHEREAS, implementation of TDM strategies at the local government
level would provide significant public benefits by improving air quality;
enhanci ng the effectiveness of the existing transportation system; and
reducing energy requirements; and
F WHEREAS, coordinated TDM efforts among all local jurisdictions in the
County can contribute to air quality improvements, energy conservation,
and decreases in the levels of noise and traffic congestion;
G. WHEREAS, it is the intent of the City Council of the City of Beaumont to
adopt the following ordinance establishing transportation demand
management requirements for specified new development projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BEAUMONT, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
• SECTION 1: Title 10 of the Beaumont Municipal Code is hereby amended
by adding thereto a new Chapter 10.42 to read as follows:
CHAPTER 10.40
SECTION 10.42.010 DEFINITIONS
For purposes of this ordinance, the definitions for the following terms shall apply:
A.
B.
G.
D.
E.
F.
G.
H.
J.
"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,
bicycling or walking.
"Applicable Development" means any new development project that is
determined to meet or exceed the employment threshold using the criteria
contained in this ordinance. An applicable development also includes
developments which are owned andfor managed as one unit, such as a
business park or shopping center, that also meet or exceed the
employment threshold.
"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.
"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 it use to a retail space).
"Developer" means the builder who is responsible for the planning,
design and construction of an applicable development project. A developer
may be responsi ble for implementing this ordi nance as determined by the
property owner.
"Employee" means any person employed by a firm, person(s), business,
educational institution, non-profit agency or corporation, government
agency or other entity which employees 1 00 or more persons at a si ngle
worksite.
"Employment Generation Factors" refers to factors developed for use by
the jurisdiction for protecting the potential employment of any proposed
development project.
"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.
"Employment Threshold" 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.
"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.
K. "Mixed -Use Development" means new development projects that combine
any land uses one with another.
L.
M.
"New Development Project" means any non-residential project being
processed where some level of discretionary action by a decision making
body is required.
"Peak Period" means those hours of the business day between 7 a.m. and 9
a.m. inclusive, Monday through Friday, which TDM strategies such as this
Ordinance identify as the priority period for reducing work related
vehicle trips.
N "Property Owner" means the legal owner of the applicable development
and/or its designee (i.e. developer).
0. "Rideshare Facilities" means any capital improvements which would
benefit ars employee who rideshares to the worksite, i ncl udi ng on-site
amenities, preferential parking, and rideshare drop-off areas at the
entrance of the worksite.
P. "Site Development Plan/Permit" means a precise plan of development
that may be subject to public hearing before the Planning Commission.
Q.
R.
S.
T
A.
B.
"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.
"Transportation Management Association" 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 satisfy the goals established for individual employers pursuant
to this ordinance.
"Transportation Demand Management" 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.
"Worksite" means a building, or grouping of buildings, located within the
jurisdiction which are in 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).
SECTION 10.42.020 APPLICABILITY
This Ordinance 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 methodology in this Section below:
For purposes of determining whether a new development project is
subject to this Ordinance, the total employment figure will be determined
as follows:
1. Employment projections developed by the project applicant, subject
to approval by the Planning Director; or
2. Employment projections developed by the applicant, 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.
SECTION 10.42.030 EXEMPTIONS
Not withstanding any other provisions, the following uses and activities shall be
specifically exempt frorn this Ordinance:
A. Development projects expected to employ fewer than 100 persons.
B.
C.
A.
B.
Temporary construction activities on any affected project, including
activities performed by engineers, architects, contract subcontractors
and construction workers.
Other temporary activities, as defined in the City Development Code, or as
authorized by the City when such temporary activities shall discontinue
at the end of the designated time period.
SECTION 10.42.040 MINIMUM STANDARDS
All applicable new developments ( non- residential developments which
employ 100 or more persons) which are owned and managed 83 one unit
shall submit a Transportation Demand Management Plan prepared by a
traffic engineer, transportation planner or other qualified professional
identifying the traffic impacts associated with the proposed project and
including design recommendations and mitigation measures, as
appropriate, to address on and off site project impacts. Said TDM Plan
shall comply will &1 AQMD Regulation XV requirements and shall have the
goal of achieving a vehicle occupancy rate (VOR) of 1.3. The Plan shall
also indicate specific strategies and guidelines to reduce the amount of
trips and increase the amount of non -vehicular transportation.
All property owners of applicable new developments and/or changes of
use shall be subject to the required capital improvement standards as
specified in this Section VI (6). These standards must all be addressed to
realize if they are applicable to their development. These required
standards may be used to achieve the vehicle occupancy rate of 1.3.
Property owners of all applicable developments shall include in their
project Site Development Plans provisions to address each of the
following capital improvements:
1. Transit facilities (on and off site);
2. Bicycle facilities; and
3. Rideshare facilities.
(See options in Section VI (D) for specific capital improvement
strategies.)
C. The TDM Plan shall also include operational standards that shall be
implemented within sixty days (60) after occupancy of the development
by an employer. Operational standards are standards which employers,
TMA's or a managing office of a development administered as one unit are
required to implement to achieve the goals of AQMD's Regulation XV
program.
D. These options may be included in the property owner's TDM Plan to fulfill
both the capital improvement standards and the operational standards:
1. Alternate Work Schedule/Flex-time:
Telecommuting: Establish telecommuting or work at home
programs to allow employees to work at home or at a satellite
work center;
3. Bicycle Facilities: Provide bicycle parking facilities equal to 5%
of total required automobile parking spaces; and preserve 2% of
the gross floor area for employee locker and shower facilities;
4. On-site Employee Housing and Shuttles: Provide affordable on-
site housing and shuttles to and from the housi ng areas and the
work areas;
5. Preferential Parking for Carpool Vehicles;
6. information Center for Transportation Alternatives;
7. Rideshare Vehicle Loading Areas;
8. Vanpool Vehicle Improvements;
9. Bus Stop Improvements;
10. On -Site Child Care Facilities;
11. Availability of Electrical Outlets for recharging of electric
vehicles;
12. On -Site amenities such as cafeterias and restaurants, automated
teller mac hi nes and other services that would eliminate the need
for additional trips;
13. Airport Shuttle Service to Hotels and Spas;
14. Contributions to funds providing regional facilities such as park
and ride lots, multi -modal transportation centers, and transit
alternatives in the area;
15. Incentives for mass transit usage including provision of a bus
pass, additional pay, flex -time or others;
16. Implementation of a parking fee;
17. Restriction of business hours;
18. Restrict delivery hours;
19. Provide a direct pedestrian path from the closest transit stop
into the facility;
20. Contribute up to $1.00/square foot to a housing subsidy fund SO
that affordable housing can be created closer to the employer;
21. Resort/hotel areas develop rideshare and shuttle programs;
22. Create golf cart circulation systems;
23. 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
24. If an applicable development is not located on a current transit
route, contribute to a fund which will be used to provide transit
amenities;
25. If an applicable development is located on a major arterial,
statements 23 and 24 should be considered;
26. Provision of a Bicycle Lane; and
27. Provide other creative or innovative strategies to reduce vehicle
trips.
SECTION 10.42.050 PROCESSING TIME LIMITS
It shall be the responsibility of the Planning Di rector or designee to
inform the applicant of a Transportation Demand Management Review
application, and that the determination of completeness of such an
application be within 30 days of receipt. Once the application is complete,
the Planning Director shall either approve or deny the application within
60 days or forward the application to the Planning Commission for their
approval, assuring that the application is processed expediently (no more
than 90 days).
SECTION 10.42.060 FILING PROCEDURE AND EVALUATION
A request for TDM approval shall be made through application forms
provided by the Planning Department. The application for such approval
shall be filed with the Planning Director within 30 days of receipt.
B. A processing fee shall be paid at the time the completed application is filed
with the Planning Department. The fee shall be as established in the
Planning Department Fee Schedule.
C.
D.
A.
B.
An application for TDM Review shall be supplemented by plans and other
pertinent information to adequately portray all applicable aspects of a
proposal.
The Planning Di rector shall review applications and arrive at
recommendations or approvals as appropriate, by considering aspects for
conformance with this ordinance.
SECTION 10.42.070 RENEWAL/REVIEW FOR COMPLIANCE
Each employer to which this ordinance applies shall submit to the
Planning Director for review copies of all plans and reports submitted to
the AQMD pursuant to requirements of Regulation XV. The Planning
Director shall cooperate with the AQMD to assure that all TDM plans
comply with current AQMD requirements. The City of Beaumont shall
cooperate with the AQMD in enforcement action.
The Code Enforcement officer shall also review any approved TDM plans
for compliance if complaints about the TDM plan and its non-compliance
are recorded to the City.
SECTION 10.42.080 FEES FOR INITIAL REVIEW AND PROGRAM MONITORING
For purpose of meeting its obligations under this ordinance, the City
Council of the City of Beaumont may set fees deemed necessary to review
and monitor TDM plans. (See Planning Department Fee Schedule).
The following fees shall be imposed on the subject property owner(s).
1. A trip reduction!TDM Plan Review Fee as determined in the Planning
Department Fee Schedule at the time of initial project application
submission to the Planning Department;
2. A trip reduction/TDM Plan Renewal/Review for Compliance Fee as
determined by the Planning Department Fee Schedule at the time of
initial review by the Planning Department.
This shall be a fixed fee charged to all applicable developments for the
purpose of defraying the costs of processi ng and reviewi ng the tri p
reduction/TDM Program.
SECTION 10.42.090 ENFORCEMENT AND PENALTIES
For purposes of ensuring that applicable developments comply with the
provisions of this ordinance, the Code Enforcement Officer 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. Witholding issuance of a Building Permit or Certificate of Use and
Occupancy;
2. Non -Compliance Infraction;
3_ Issuance of a Stop Work Order.
The Code Enforcement officers may &so penalize for non-compliance in
other ways they may see fit.
A.
SECTION 10.42.100 APPEALS.
An appeal may be made by the property owner(s) or designee(s} of any
applicable development regarding decisions made by the Planning
Director on provisions of this ordinance.
B. Such appeals may be reviewed by the City Council for resolutions, who
must act on such appeals within 30 days of such filing.
MOVED, PASSED AND ADOPTED this llth day of January
1993.
ATTEST:
CITY CLERK
MAYOR OF THE CITY OF BEAUMONT
CERTIFICATION
I, Robert J. Bounds, City Clerk of the City of Beaumont, DO HEREBY CERTIFY, that
the foregoing Ordinance was introduced at a regular meeting of the City Council of
said City held on December 14 , 1992, and was duly adopted upon second
reading on January 11 , 1993, upon the following ro11 call vote:
AYES: Council Member Brey, McLaughlin, Parrott, Russo and
Mayor Leja.
NOES: None.
ABSTAIN: None.
ABSENT: None.