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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.