ORD 217ORDINANCE 217
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA ESTABLISHING
TRANSPORTATION DEMAND MANAGEMENT
REQUIREMENTS FOR SPECIFIC NEW
DEVELOPMENT PROJECTS AND CHANGES OF USE.
ZOA 92-026 - TRANSPORTATION DEMAND MANAGEMENT
WHEREAS, 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; 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 Air 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 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; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, the fee established for review of TDM plans is necessary to cover costs of
review by City Staff, and is neither arbitrary nor excessive.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The following Chapter 9.162 is hereby added to the La Quinta
Municipal Code:
ORDDRFT.015 1 i
V
Ordinance 217
9.162.010. 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.
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.
ORDDRFT.015
Ordinance 217
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.
J. "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).
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.
ORDDRFT.015
Ordinance 217
S. "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:
Land Use Category
Retail/Commercial
Office/Professional
Industrial/Manufacturing
Hotel/Motel
Hospital
Gross SQ. Ft./Employ
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.
ORDDRFT.015 4
Ordinance 217
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.
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:
1. Transit facilities (on -site and off -site);
2. Bicycle facilities; and
3. 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:
ORDDRFT.015 5
Ordinance 217
` 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.
3. 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.
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.
ORDDRFT.015 6
Ordinance 217
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:
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.
ORDDRFT.015 7
Ordinance 217
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. Appeals.
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.
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.
ORDDRFT.015 8
Ordinance 217
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:
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.
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.
SECTION 2. The following is added to Chapter 9.224.010:
" 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"
ORDDRFT.015
Ordinance 217
SECTION 3. Severability. If any provision, clause, sentence or paragraph
of this Chapter or the application thereof to any person or circumstances shall be held invalid,
such invalidity shall not affect without the invalid provision or application, and to this end the
provisions of this article are declared to be severable.
SECTION 4. Effective Date. This Chapter 9.162 shall be effective thirty
(30) days from and after the date of its adoption.
SECTION 5. Certification. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause it to be posted or published in the manner required
by law.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the
City of La Quinta on the 2nd day of November, 1992, and was passed and adopted by the
following vote:
AYES: Council Members Bohnenberger, Franklin, Rushworth,
Sniff & Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
o"-Pu�
JOH J. ENA, Maor
City of La Quinta, California
ATTEST:
CIAUNDRA L�JUHOLW., City Clerk
City of La Quinta, California
DAWN HONEYWEL , City Attorney
City of La Quinta, California
ORDDRFT.015 10
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
California, do hereby certify the foregoing to be a full, true and
correct copy of Ordinance No. 217 which was introduced on the 20th
day of October, 1992 and was adopted at a regular meeting held on
the 2nd day of November, 1992 not being less than 5 days after date
of introduction thereof.
I further certify that the foregoing ordinance was posted in three
(3) places within the City of La Quinta as specified in a
4AUNDRA
lution of the City Council.
L. JUH0 , City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
Cali rnia, do hereby certify that the foregoing ordinance was
posse on December 18, 1992 pursuant to City Council Resolution.
SAUNDRA L. JUHMA, City Clerk
City of La Quinta, California