PCRES 1992-029PLANNING COMMISSION RESOLUTION 92-029
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL TO ADD
CHAPTER 9.162 TITLED "TRANSPORTATION
DEMAND MANAGEMENT" TO TITLE 9 (PLANNING
AND ZONING) OF THE LA QUINTA MUNICIPAL
CODE.
CASE NO. ZONING ORDINANCE AMENDMENT 92-026
TRANSPORTATION DEMAND MANAGEMENT
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 8th day of September, 1992 hold a duly -noticed public hearing to recommend to the City
Council the addition of Chapter 9.162, regarding the establishment of Transportation Demand
Management Requirements throughout the City; and
WHEREAS, this text amendment has complied with the California Environmental
Quality Act of 1970, (as adopted by City Council Resolution 83-68), in that the Planning and
Development Director has conducted an initial study (Environmental Assessment 92-237) and
has determined that the proposed text amendment will not have a significant adverse effect on
the environment and that a Negative Declaration is hereby recommended for adoption; and,
WHEREAS, upon hearing and considering all testimony and argument, if any,
of all interested persons desiring to be heard, said Planning Commission did find the following
facts to justify the recommendation for approval of said text amendment:
1. That State law establishing requirements for development of a county -wide Congestion
Management Program (AB 471 & 1791) mandates the inclusion of a trip reduction and
travel demand element/ordinance.
2. That other Transportation Demand Management (TDM) program requirements have been
adopted for the region including Regulation XV and Appendix IV-C Control Measures
of the Air Quality Management Plan (AQMP).
3. In general, 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.
RESOPC.083 1
4. Various efforts underway including implementation of the Riverside County Congestion
Management Program (CMP) recognize and encourage the use of TDM strategies to
increase mobility and improve the general efficiency of the transportation system by
enhancing vehicle flow and shifting demand to other existing transportation facilities or
services.
5. That implementation of TDM strategies at the local government level would provide
significant public benefits by improving air quality; enhancing the effectiveness of the
existing transportation system; and reducing energy requirements.
6. That coordinated TDM efforts among all local jurisdictions in Riverside County can
contribute to air quality improvements, energy conservation, and decreases in the levels
of noise and traffic congestion.
7. That the fee established for review of TDM plan, is necessary to cover costs of review
by City Staff, and is neither arbitrary or excessive.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of La Quinta, California, as follows:
1. That the above recitations are true and correct and constitute the findings of the
Commission in this case;
2. That it does hereby confirm and recertify the conclusion of Environmental Assessment
92-237 that the proposed text amendment will not result in any significant adverse effects
and that a Negative Declaration should be adopted.
3. That it does hereby recommend to the City Council approval of the above described
Zoning Text Amendment for the reasons set forth in this Resolution and as set forth in
Exhibits "A & B" attached hereto.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta
Planning Commission, held on this 8th day of September, 1992, by the following vote, to wit:
AYES: Commissioners Mosher, Ellson, Marrs, Adolph, Chairwoman Barrows
NOES: None
ABSENT: None
ABSTAIN: None
RESOPC.083 2
KATIE BARROWS, Chairwoman
City of La Quinta, California
ATTEST:
RMAN, Planning
Quinta, California
RESOPC.083
EXHIBIT "All
CHAPTER 9.162
TRANSPORTATION DEMAND MANAGEMENT
Sections:
9.162.010
Purpose and Intent
9.162.020
Definitions
9.162.030
Applicability
9.162.040
Exemptions
9.162.050
Minimum Standards
9.162.060
Application
9.162.070
Review by Planning Director and Planning Commission
9.162.080
Appeals
9.162.090
Review for Compliance
9.162.100
Enforcement and Penalties
9.162.110
SCAQMD Compliance
9.120.010. Purpose and Intent. This Chapter is intended to protect the public
health, welfare and safety by reducing air pollution, traffic congestion and energy consumption
attributable to vehicle trips and vehicle miles traveled. This Chapter is intended to accomplish
emission reductions by meeting requirements of AB 1791, including Government Code section
65089(b) (3) which requires development of a trip reduction and travel demand element to the
Congestion Management Plan (CMP), and Government Code Section 65089.3(a) which requires
adoption and implementation of trip reduction and travel demand ordinances by local agencies.
No building permit application for any applicable development project shall be accepted, nor
shall a building permit be issued by any department, or division, unless and until a TDM Plan
has been approved, or an exemption from the requirements of this Chapter is found to apply
pursuant to this Chapter.
9.162.020. Definitions. For purposes of this Chapter, the definitions for
the following terms shall apply:
A. "Alternative Transportation Modes" means any mode of travel that serves as an
alternative to the single occupant vehicle. This includes all forms of ride -sharing such
as carpooling or vanpooling, as well as public transit, bicycling or walking.
B. "Applicable Development" means any new development project or change of use 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, and may have one or more employers.
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C. "Bicycle Facilities" means any capital improvements which would benefit an employee
who rides a bicycle to his or her worksite, including shower facilities, locker facilities,
bicycle parking, etc.
D. "Change of Use" means the alteration of the initial use of a facility to another use not
related to the previous use, after the effective date of this Chapter, where some
discretionary action or approval by the City Council and/or the Planning Commission is
required. (Example: office space changes its use to commercial space.)
E. "Developer" means the person or entity which is responsible for the planning, design and
construction of an applicable development project. A developer may be responsible for
implementing this Chapter as determined by the property owner.
F. "Employee" means any person employed by an "employer" as defined below.
G. "Employment Generation Factors" refers to factors developed for use by the City for
projecting the potential employment of any proposed development project.
H. "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, located within the City of La Quinta, and may either be a
property owner or tenant of an applicable development project.
I. "Employment Threshold" refers to the number of employees which an applicable
development or employer must have for this Chapter to apply.
1. "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 Chapter.
K. "Mixed -Use Development" means new development projects that combine two or more
different uses.
L. "New Development Project" means any non-residential project being processed where
some discretionary action or approval by the City Council and/or the Planning
Commission is required.
M. "Peak Period" means those hours of the business day between 7:00 A.M. and 9:00 A.M.
inclusive, Monday through Friday, which this Chapter identifies as the priority period
for reducing work related vehicle trips.
N. "Property Owner" means the legal owner of the applicable development and/or his
designee (i.e., developer).
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O. "Ride -share Facilities" means any capital improvements which would benefit an employee
who rideshares to the worksite, including on -site amenities, preferential parking, and
ridesharing 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 City Council and/or Planning Commission including without
limitation a specific plan, conditional use permit, public use permit, or subdivision map.
Q. "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.
R. "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 and 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 Chapter.
"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 periods.
T. "Worksite" means a building or grouping of buildings located within the City 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).
9.162.030. 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 methodology outlined herein.
For purposes of determining whether a new development project 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
Planning Director or his or her designee;
B. Employment projections developed by the Planning Director or his or her designee, using
the following employee generation factors by type of use:
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Retail/Commercial
Office/Professional
Industrial/Manufacturing
Hotel/Motel
Hospital
500
250
525
.8 to 1.2 employees/room
300
The employment projection for a development of mixed use or multiple uses shall be
calculated based upon the proportion of development devoted to each type of use.
9.162.040 Exemptions. Notwithstanding any other provisions, the
following uses and activities shall be specifically exempt from this Chapter:
A. Development projects and change of use projects, projected pursuant to Section
9.162.030 to employ fewer than 100 persons.
B. Temporary construction activities on any affected project, including activities performed
by engineers, architects, contract subcontractors and construction workers.
C. Other temporary activities, as defined in Chapter 9 of this Code or as authorized by the
City when such temporary activities shall discontinue at the end of the designated time
period.
D. Any employer(s) having submitted to the City an active, approved plan under The South
Coast Air Quality Management District (SQAQMD) Regulation XV Program
Requirements (Regulation XV). Notwithstanding this provision, projects which are
exempt under this subsection shall comply with Section 9.162.110.
9.162.050. Minimum Standards.
A. All applicable new developments and change of use projects shall, concurrent with
application to the City for other permits and/or approvals, submit a Transportation
Demand Management Plan ("TDM Plan") prepared by a traffic engineer, transportation
planner or other similarly qualified professional identifying traffic impacts associated with
the proposed project and including design recommendations and mitigation measures, as
appropriate, to address on -site and off -site project impacts. The TDM Plan shall be in
the form required by SCAQMD Regulation XV, and shall be reasonably calculated to
achieve a vehicle occupancy rate (VOR) of 1.3. The TDM Plan shall also indicate
specific strategies and guidelines to reduce the number of trips and increase the amount
of non -vehicular transportation.
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B. All property owners of applicable new developments and change of use projects shall be
subject to required capital improvement standards as specified in this Section. These
standards must be individually addressed to the specific needs and capacity of the
applicable development. These required standards may be used to achieve a vehicle
occupancy rate (VOR) 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:
Transit facilities (on -site and off -site);
Bicycle facilities; and
Rideshare facilities.
C. All property owners of applicable new developments and change of use developments
shall establish "Operational Standards" within 60 days after occupancy of the
development by an employer. Operational standards shall consist of standards which
employers, TMA's or a managing office of an applicable development must implement
to achieve the goals of SCAQMD's Regulation XV program.
D. The following 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 schedules/flex-time: incorporating alternate work schedules and
flex -time programs (such as a 9 day/80 hour or 4 day/40 hour work schedule).
2. Telecommuting: establishing telecommuting or work at home programs to allow
employees to work at home or at a satellite work center.
Bicycle facilities: providing bicycle parking facilities equal to 5% of the 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: providing affordable on -site housing and
shuttles to and from residential and work areas.
5. Preferential parking for carpool vehicles.
6. Information center for transportation alternatives.
7. Rideshare vehicle loading areas.
8. Vanpool vehicle accessibility.
9. Bus stop improvements.
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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 machines;
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 without limitation, provision of a bus
pass, additional pay, or flex -time.
16. Implementation of increased parking fees or new fees.
17. Restriction of business hours.
18. Restriction of delivery hours.
19. Providing a direct pedestrian path from the closest transit stop into the facility.
20. Contributing up to $1.00/square foot to a housing subsidy fund so that affordable
housing can be created closer to employer sites.
21. Developing rideshare and shuttle programs at resorts/hotels.
22. Creating a golf cart circulation system.
23. If an applicable development is on a current transit route, providing 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, contributing
to a fund which will be used to provide transit amenities.
25. Provisions for the implementation of bicycle lanes; and,
26. Providing other creative or innovative strategies to reduce vehicle trips.
9.162.060. Application. Every application for a TDM Plan approval
shall be made in writing to the Director of Planning and Development on the forms provided by
the Planning and Development Department, shall be accompanied by a filing fee as set forth in
Section 9.224.010 of this Chapter, and shall include the following information:
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A. Name and address of the applicant.
B. The proposed TDM Plan.
C. Such additional information as shall be required by the application form.
The Director of Planning and Development or designee shall inform the
applicant within thirty days of receipt of the application whether the application is complete.
When the application is complete, the Director shall, 1) If the TDM Plan is submitted in
conjunction with application(s) for zone change, general plan amendment, site development
plan(s)/permit(s), the TDM Plan shall be submitted to the Planning Commission for its approval
when submitted with other development application; or 2) if 1) does not apply, the Planning and
Development Director shall render a decision on the TDM Plan in accordance with Section
9.162.070.
9.162.070. Review by Planning Director/Planning Commission. All
applications for approval of TDM Plans shall be approved, conditionally approved, or
disapproved by action of the Planning and Development Director or Planning Commission,
whichever is applicable, based upon the standards set forth in this Chapter, within 30 days after
the application is found to be complete. A public hearing shall not be required for any TDM
Plan application, unless it accompanies other permit application(s) which require such hearings.
In this instance, the applicable time limits governing the requested approvals shall be in effect.
The following findings must be made when the TDM Plan is approved:
A. The TDM Plan conforms to all of the requirements of this Chapter, the City's General
Plan, applicable specific plans, and with all applicable requirements of State law and the
Ordinances of this City.
B. The TDM Plan is reasonably calculated to provide a vehicle occupancy rate of 1.3 for
the applicable development.
9.162.080. Anneals.
A. Planning and Development Director as Decision Body. An applicant or other aggrieved
party may appeal the decision of the Planning Director by appeal to the Planning
Commission. Within fifteen calendar days after the date of mailing of the Planning and
Development Director's decision, the applicant or aggrieved party may appeal the
decision in writing on forms provided by the Planning and Development Department.
Upon receipt of a completed appeal, the Planning Director shall set the matter for
hearing before the Planning Commission not less than five calendar days nor more than
thirty calendar days thereafter, and shall give written notice of the hearing, by mail, to
the applicant and the appellant. The Planning Commission shall render its decision
within thirty days following the close of the hearing on the appeal.
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B. Planning Commission as Decision Body. An applicant or other aggrieved party may
appeal the decision of the Planning Commission by appeal to the City Council. Within
fifteen calendar days after the date of mailing of the Planning Commission's decision,
the applicant or aggrieved party may appeal the decision in writing on forms provided
by the Planning and Development Department. Upon receipt of a completed appeal, the
City Clerk shall set the matter for hearing before the City Council not less than five
calendar days nor more than thirty calendar days thereafter, and shall give written notice
of the hearing, by mail, to the applicant and the appellant. The City Council shall render
its decision within thirty days following the close of the hearing on the appeal.
9.162.090. Review for Compliance. The Planning and Development
Director (or designee) shall review an approved TDM Plan for compliance with this Chapter if
any complaints of non-compliance are received by the City. In addition, the Planning and
Development Director shall annually review each of the currently outstanding approved TDM
Plans for compliance with this Chapter. After review of an approved TDM Plan, the Planning
and Development Director may require revision or resubmittal of the plan upon his or her
finding that one or more of the following conditions exist:
A. The property owner is not complying with the TDM Plan or the terms and/or approval
conditions of the TDM Plan.
B. The TDM Plan has failed to comply with SCAQMD requirements and the goals of this
Chapter to the level required by the TDM Plan or its approval conditions.
C. Approval of the TDM Plan was obtained by fraud or perjured testimony.
In the event that the Planning and Development Director determines that
a TDM Plan must be resubmitted, the Plan shall be resubmitted in accordance with the
procedures outlined in this Chapter as a new submittal, and the applicant shall pay the specified
fee for submittal.
9.162.100 Enforcement and Penalties. For purposes of ensuring that
applicable developments comply with the provisions of this Chapter, the Director of Planning
and Development shall, following written notice to the property owner of an applicable
development, initiate enforcement action or actions against such property owner or designee
which may include, without limitation, the following:
1. Withholding issuance of a building permit or occupancy permit;
2. Issuance of a stop work order; and/or,
3. Any enforcement methods authorized by Chapter 9.236 of this Code
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9.162.110. SCAQMD Compliance. Each property owner which has
received approval of a TDM Plan or is exempt pursuant to Chapter 9.162.040(D) shall submit
to the Planning and Development Department for review copies of all plans and reports
submitted to SCAQMD pursuant to Regulation XV, and all approvals, enforcement letters, and
other correspondence from SCAQMD regarding Regulation XV conformance. The Planning and
Development Director shall cooperate with the SCAQMD in enforcement actions initiated either
by SCAQMD or the City.
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EXHIBIT "B"
PLANNING COMMISSION RESOLUTION 92-027
Section 9.224.010 is hereby amended to include the following fee:
"18. TDM Plan reviews (Planning and Development Director or Planning
Commission).
a. Initial Reviews $150.00
b. Non-compliance resubmittals $150.00
19. TDM Annual Reviews
a. . Planning and Development Director No Fee"
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