HomeMy WebLinkAbout91-29 Exhibit A
ORDINANCE NO. 91-29
AN ORDINANCE OF THE TOWN OF DANVILLE
ADDING ARTICLE IV OF CHAPTER VIII OF THE DANVILLE MUNICIPAL CODE
RELATING TO TRANSPORTATION DEMAND MANAGEMENT
THE TOWN COUNCIL OF THE TOWN OF DANVILLE ORDAINS AS FOLLOWS:
TABL!I OF CO~
SECTION 1. PURPOSE & INTENT ........................................... 1
8-23.1. FINDINGS ................................................. 1
8-23.2. PURPOSES, GOALS AND OBJECTIVES ............................. 2
8-23.3. DEFINITIONS ............................................... 3
8-23.4. TOWN TDM REQUIREMENTS ................................... 6
a. Town TDM Coordinator .................................. 6
b. Town's Workplace TDM Coordinator ........................ 6
c. Workplace or Complex TDM Coordinator ..................... 6
8-23.5 TDM IMPLEMENTING BODY .................................... 7
8-23.6. REPORTING AND MONITORING ................................ 7
a. Application ............................................ 7
b. Baseline Report ........................................ 7
c. Annual Transportation Surveys ............................. 8
d. Annual Reports ......................................... 8
8-23.7. WORKPLACE AND COMPLEX TDM PROGRAMS ..................... 9
a. Application ............................................ 9
b. Content .............................................. 9
c. Submittal ............................................ 10
d. New Program Upon Disapproval ........................... 10
e. Amendment .......................................... 10
f. Limitations ........................................... 10
g. Review of Employer TDM Programs ........................ 10
8-23.8. TOWN TDM PROGRAM ...................................... 11
a. Town TDM Coordinator ................................. 11
8-23.9. PENALTIES ................................................ 12
a. Failure To Achieve Ordinance Objectives .................... 12
b. Failure to Provide Surveys, Annual Reports,
TDM Information or TDM Programs ........................ 12
c. Failure to Implement a TDM Program ....................... 13
d. Civil Enforcement ...................................... 13
ORDINANCE NO. 91-29
PAGE 2 OF TABLE OF CONTENTS
SECTION 2. PUBLICATION ............................................... 13
SECTION 3. EFFECTIVE DATE ............................................. 14
SECTION 4. SEVERABILITY ............................................... 14
SECTION 5. CODIFICATION ............................................. 14
SECTION 1. PURPOSE & INTENT. Section 8-23, "Purpose and Intenff is hereby added
to the Danville Municipal Code, to read as follows:
8-23.1. FINDINGS
a. There has been a significant increase in new employment and housing
opportunities in Contra Costa County and the cities in Contra Costa County
and this is anticipated to continue during the next twenty (20) years;
b. Recent growth and increased development and redevelopment within the
County will lead to increased traffic to, from and within the county;
c. Transportation Demand Management (TDM) programs have been shown to
be capable of reducing vehicle trips and increasing vehicle occupancy rates
and can be simple, effective and less cosfly than major road improvements;
d. Decreasing the number of vehicular trips, both absolutely and within peak
traffic periods, will help alleviate traffic congestion, energy consumption and
noise levels, and will help to improve and maintain air quality. These
improvements contribute to making the County an attractive and convenient
place to live, work, visit and conduct business, and will help employers
recruit and retain a qualified work force;
e. Cooperation with, and coordination of TDM programs with other cities,
counties, transit agencies, the private sector and public agencies in the
region may assist the Town in meeting the purposes of this Ordinance;
f. Adoption of this TDM Ordinance is one component of implementing a
comprehensive approach to TDM that should be supported by
complementary land use policies, residential TDM strategies and
transportation and transit improvements;
g. Participation of employee organizations is critical to the successful
implementation of the TDM ordinance since the Ordinance may affect
negotiated employee agreements; and
h. Adoption of this TDM ordinance is in the best interest of the public's health,
safety and general welfare, both within the Town and the region, and is
consistent with the Town's General Plan.
PAGE 1 OF ORDINANCE 91-29
8-23.2. PURPOSES, GOAL AND OBJECTIVES
a. Purpose. In recognition of these findings, the Town Council of the Town
of Danville does establish a TDM Ordinance for the following purposes:
1. To promote and encourage use of alternatives to commuting by
single occupant vehicle for individuals working in the Town;
2. To promote efficient use of the existing transportation network;
3. To encourage consistency in planning and implementation of
transportation programs between public jurisdictions and the private
sector;
4. To reduce traffic impacts within the Town and region by reducing
the number of automobile trips, daily parking demand and total
vehicle miles per person travelled that might otherwise be generated
by commuting; and
5. To contribute, as one component of a broader air pollution
reduction strategy, to achieving the regional air quality goals as
established by the Bay Area Air Quality Management District.
b. Goal. The goal of the Town in enacting this Ordinance is to assure that
employers, complexes and development projects in the Town participate in
mitigating traffic impacts by implementing and participating in TDM
programs.
c. Objectives. A good faith effort shall be made by all projects, employers and
complexes with 100 employees or more to achieve an Average Vehicle
Ridership (AVR) of 1.30 by 1997 in accordance with the following schedule:
Reporting AVR
Year Target
1993 1.15
1994 1.20
1995 1.25
1997 1.30
8-23.3. DEFINITIONS
The following words and phrases have the meanings ascribed to them in this
section.
a. "Average Vehicle Ridership" (AVR) shall mean the number of persons
arriving at the work site between 7:00 a.m. and 9:00 a.m., including those
participating in a telecommuting program, divided by the number of
vehicles, excluding buses and bicycles, arriving during the same time
period.
b. "Building Permil~' means a permit to erect or construct any structure or
building or portion thereof.
c. "Carpool" means a motor vehicle occupied by two (2) or more employees
travelling together.
d. "Town TDM Coordinator" means a representative designated by the Town
to implement the TDM Program for Town employers, review employer TDM
Programs, review compliance with this Ordinance, oversee the development
and distribution of TDM information and carry out other requirements of
this Ordinance.
e. "Town TDM Program" means any combination of activities, programs and
actions implemented by the Town TDM Coordinator, that are designed to
encourage the use of telecommuting, public transit, vanpools and carpools
by Town employees and to assist employers and complexes in implementing
workplace and complex TDM programs.
f. "Commute" means a home-to-work trip.
g. "Complex" means either:
1. Any business park or other non-retail, non-residential project in
separate or common ownership, which can be identified by two or
more of the following characteristics:
(a) It is known by a common name given to the project by its
sponsor;
(b) It is governed by a common set of covenants, conditions and
restrictions;
PAGE 3 OF ORDINANCE 91-29
(c) It was approved, or is to be approved, as an entity by the
Town; or
(d) It is covered by a single tentative or final subdivision map; or
2. Any multi-tenant building or group of buildings under common
ownership with a total of 100 employees or more, which is not
included within the definition of complex defined above.
h. "Complex TDM Coordinator" means an employer's representative or a
complex sponsor designated to implement a TDM Program and to carry out
any other requirements of this Ordinance at the complex.
i. "Employee" means any person hired by an employer, excluding independent
contractors and part-time, temporary and seasonal employees.
j. "Employer" means any public or private employer, including the Town's
municipal offices, with a permanent place of business in the Town that
employs 100 or more people or with a place of business in the Town that
is within a complex of 100 employees or more. "Employer" shall not
include retail businesses or government agencies not required by law or
regulation to follow local regulations.
k. "Development Projecf' means any non-residential, non-retail application,
including mixed-use that must be approved through a public hearing
process and has not received final approval. "Development projecg' shall
also include any existing office or industrial use which proposes to increase
its gross floor area by 25 percent or more. Development applications that
share parking, are under common ownership or participate in a single
project management/owner association shall be considered a single project.
However, individual projects within a redevelopment area shall be included
within the definition.
1. "Non-retail business" means any individual employer that generates less than
51 percent of its revenue from products which are exhibited for sale to the
general public. Businesses that generate the major portion (51 percent or
more) of its revenues from providing a service(s) are included in this
definition and are subject to this Ordinance.
m. "Non-retail complexf means any business complex or development project
in which 51 percent or more of the tenant businesses generate less than 51
percent of their revenue from products which are exhibited for sale to the
general public. A complex or development in which the majority of tenants
(51 percent or more) generate the major portion of its revenues (51 percent
or more) from providing services are included in this definition and are
subject to this Ordinance.
n. "Passenger Vehicle" means a vehicle as defined in California Vehicle Code,
Section 465.
o. "Peak Period" means the hours from 7:00 a.m. to 9:00 a.m. Monday through
Friday.
p. "Public Transif' means publicly provided transportation, usually either by
bus or rail, to users at a fixed cost per ride.
q. "Ridematching" means a process of identifying interested drivers and
interested riders for the purpose of ridesharing.
r. "Ridesharing" means transportation of persons in a motor vehicle for
commute purposes where the driver is not employed for that purpose. The
term includes arrangements known as carpools and vanpools.
s. "Sponsor" means the owner(s) or developer(s) of a project or complex.
t. "Transportation Demand Managemenf' ("TDM") means a program to
improve the movement of persons through better and more efficient use of
the existing transportation systems.
u. "TDM Implementing Body" means the body designated by the Town Council
to review appeals from decisions by the TDM Coordinator, advise the Town
Council on TDM matters, recommend changes to this ordinance and other
functions as designated by the Town Council. The functions of an
implementing body will be carried out by the Planning and Transportation
Committee.
v. "Transportation Management Association ("TMA") means a voluntary
organization of municipalities, employers, development projects and
building complexes to plan and implement commuter services for members
to comply with provisions of locally adopted TDM Ordinances.
w. "Transportation Management Organization ("TMO") means a voluntary
organization of municipalities, transit operators and other transportation
agencies to plan, implement, monitor and enforce locally adopted TDM
Ordinances.
x. 'n/an Pool" means a van occupied by five (5) or more employees traveling
together.
y. '%Yorkplace" means the permanent or predominant place of employment.
PAGE 5 OF ORDINANCE 91-29
z. '~Xtorkplace TDM Coordinator" means a person, who may or may not be a
company employee, designated to implement a TDM Program and to carry
out any other requirements of this Ordinance at the workplace.
aa. '~rorkplace TDM Program" means any combination of activities, programs
and actions at the workplace or complex, selected by the employer and
implemented by the Workplace or Complex TDM Coordinator, that are
designed to encourage the use of telecommuting, public transit, vanpools
and carpools as an alternative to the single occupant vehicle.
8-23.4. TOWN TDM REQUIREMENTS
a. Town TDM Coordinator. The Town shall independently or in cooperation
with a TMO designate a TDM Coordinator with the powers necessary to:
1. Develop rules, regulations, procedures and forms for the submittal
of Transportation Surveys, Annual Reports and TDM Programs by
employers;
2. Review and approve all workplace and complex TDM Programs;
3. Oversee the development and implementation of a TDM Information
Program as required in Section 1, 8-23.8 of this Ordinance;
4. Submit, on an annual basis, a summary report to the TDM
Implementing Body describing the results of the Transportation
Surveys, TDM Programs and Annual Reports and their success in
attaining the goals, purposes and objectives established herein;
5. Review compliance with this Ordinance; and
6. Recommend changes to this Ordinance as may be necessary to meet
the goals, purposes and objectives established herein.
b. Town's Workplace TDM Coordinator. The Town shall independently or in
cooperation with a TMA or another jurisdiction designate a TDM
Coordinator with the powers necessary to administer the workplace TDM
Program for the Town's municipal employees;
c. Workplace or Complex TDM Coordinator. Each project, employer and
complex shall independently, in cooperation with other projects, employers
or complexes, or as a member of a TMA designate a TDM Coordinator with
the responsibility to:
1. Implement and administer the workplace or complex TDM Program;
2. Prepare and submit baseline and annual transportation surveys and
reports to the Town.
3. Act as liaison with the Town TDM Coordinator; and
4. Coordinate TDM efforts of individual employers within the project
or complex.
8-23.5 TDM IMPLEMENTING BODY
The Planning and Transportation Committee of the Town Council is hereby
designated the TDM Implementing Body.
The TDM Implementing Body shall have, but not be limited to, the following
functions:
a. Make recommendations on all appeals from decisions of the TDM
Coordinator on TDM Programs;
b. Advise the Town Council and the TDM Coordinator on any TDM matter
brought to its attention by any party;
c. Recommend changes to this Ordinance as may be necessary to meet the
goal, purposes and objectives established herein; and
8-23.6. REPORTING AND MONITORING
a. Application. Employers to locate in projects approved subsequent to the
effective date of this ordinance, sponsors of complexes approved
subsequent to the effective date of this Ordinance and sponsors of projects
shall be subject to the requirements of this section upon the effective date
of this Ordinance. Existing employers not located in complexes approved
subsequent to the effective date of this Ordinance and sponsors of existing
complexes shall be subject to the requirements of this section twelve (12)
months after the effective date of this Ordinance.
b. Baseline Report. Every employer, project or complex shall, within 90 days
after becoming subject to this Ordinance, submit a baseline report that
includes the following information:
PAGE 7 OF ORDINANCE 91-29
1. The number of employees at the workplace;
2. The city and zip code of each employee's residence;
3. The scheduled time at which employees arrive to the work place; and
4. The method of commuting for each employee which shall be based
on a survey of all employees.
c. Annual Transportation Surveys. Every employer in a project or complex of
100 or more employees shall submit to the Town TDM Coordinator as part
of the required Annual Report, such survey information as required by the
Town TDM coordinator to determine applicability of TDM requirements and
to establish employee commute patterns. Such survey information shall
include but not be limited to:
1. The number of employees at the workplace;
2. The city and zip code of each employee's residence;
3. The scheduled time at which employees arrive at the work place; and
4. The method of commuting for each employee which shall be based
on a survey of all employees.
d. Annual Reports. Every project, employer and complex of 100 or more
employees shall submit to the Town TDM Coordinator an annum report
describing the actions taken to implement its TDM program, the results
during the reporting period and any changes to the TDM Program planned
for the ensuing year.
1. Submittal. Annual Reports shall be submitted by August I of each
year for the immediately preceding July 1 to June 30 period. The
first annual reports will be due August 1, 1993.
2. Contents. - The Annual Report shall contain sufficient information to
allow the Town TDM Coordinator to evaluate the extent and results
of the TDM Program. The Annual Report shall contain information
as required by the Town TDM Coordinator, which will include, but
not be limited to:
(a) A description of the measures taken to comply with this
Ordinance;
(b) A description of the marketing measures undertaken by the
employer or sponsor to promote TDM;
(c) The results of the annual survey required pursuant to Section
1, 8-23.6d;
(d) The number of off-street parking spaces available to
employees; and
(e) The number of off-street parking spaces available to non-
employees.
8-23.7. WORKPLACE AND COMPLEX TDM PROGRAMS
a. Application. All employers in projects or complexes of 100 or more
employees, approved after the effective date of this ordinance, shall prepare,
submit and implement a TDM Program. Reference to, and mandatory
participation in, the requirements of this Ordinance, shall be made in (a)
the recorded conditions, covenants and restrictions, if any; and (b) in every
lease agreement entered into subsequent to the effective date of this
ordinance. Employers in development projects or complexes of 100 or
more, employees approved prior to the effective date of this Ordinance,
shall be subject to the requirements of this paragraph twelve (12) months
after the effective date of this Ordinance.
Individual employers in complexes with an approved TDM Program shall
not be required to submit a separate TDM Program provided that they
participate in the complex TDM Program.
b. Content. The TDM Program shall include the following components:
1. Workplace TDM Coordinator. Designation of an individual as the
Workplace or Complex TDM Coordinator as required under Section
8-23.4.c of this Ordinance.
2. TDM Information Program. The TDM Information Program shall
incorporate posting and disseminating materials describing public
transit. ride-sharing and non-motorized commuting opportunities
available to employees.
Informational materials shall be furnished by the Town TDM
Coordinator and the employer. Updated information relating to
transit, ride-sharing and non-motorized commuting opportunities
shall be disseminated to all employees at the time such information
is provided to the employer and to new employees when hired.
PAGE 9 OF ORDINANCE 91-29
e
3. TDM Measures. The TDM Program should include individual or
combined measures designed to encourage the use of transit, van
pools and carpools by employees. The program shall include
participation in the ride-matching service provided through the Town
TDM Coordinator or other source.
4. Coordination. For complexes with multiple employers, the TDM
program must outline a process for monitoring and assisting in the
development and implementation of TDM Programs of employers
within the complex.
c. Submittal. A draft TDM Program shall be submitted to the Town TDM
Coordinator two months after the employer or sponsor becomes subject to
the Ordinance.
d. New Program Upon Disapproval. Within thirty (30) days of disapproval of
a TDM Program by the Town TDM Coordinator, if such decision has not
been appealed, an employer, complex sponsor, or project sponsor shall
submit a new TDM Program to the Town TDM Coordinator.
e. Amendment. An amendment to an approved TDM Program may be
approved at any time by the Town TDM Coordinator.
f. Limitations. Nothing in this Ordinance may be construed to require an
existing employer of complex sponsor to utilize TDM techniques which
would violate labor agreements, constitute a breach of an existing lease, or
which would require structural modifications or additions to property, the
nature of which would require the issuance of a building permit to existing
structures.
g. Review of Employer TDM Programs. TDM Programs shall be reviewed and
evaluated according to the procedures set forth in this subsection.
1. Review and Approval. The Town TDM Coordinator shall review and
approve, conditionally approve or disapprove a TDM Program within
30 days of receipt. If such action is not taken within the thirty (30)
day time period, the TDM Program is deemed approved.
2. Appeal. If the Town TDM Coordinator disapproves or conditionally
approves a TDM Program, the employer, complex sponsor or project
sponsor may, within 15 days of such decision, appeal the Town TDM
Coordinator's decision to the Planning and Transportation
Committee stating the grounds for appeal.
3. Referral to TDM Advisory Committee. An appeal to the Town
Council shall be automatically referred to the Planning and
Transportation Committee. The Planning and Transportation
Committee shall hear the appeal and render an advisory opinion
within sixty (60) days of the appeal date. Such opinion may include
recommendations as to the adequacy of the TDM Program being
appealed and what further components, TDM techniques or
conditions are recommended. If an opinion is not rendered within
the sixty (60) day time period, the TDM Program is deemed
approved.
4. Town Council. Within thirty (30) days of receipt of the advisory
opinion of the Planning and Transportation Committee, the Town
Council may approve, conditionally approve or disapprove a TDM
Program. Failure to act within the thirty (30) day time period will
result in the automatic approval of the TDM program.
8-23.8. TOWN TDM PROGRAM
The Town shall provide the following as minimum components of a TDM Program:
a. Town TDM Coordinator. The Town shall designate a staff member to serve
as the TDM Coordinator. This need not be a full-time position. It may be
desirable for adjacent jurisdiction to share the costs of one Coordinator
position.
1. TDM Information Program. The Town, in cooperation with the
public transit and ridesharing agencies, shall implement a TDM
information program. This program shall provide literature to
residents, employers and schools on RIDES and other ride-matching
agencies, transit schedules, bicycle facilities and locations of nearby
Park and Ride lots. The TDM Coordinator shall be responsible for
administering the TDM Information Program if not provided by the
transit agency.
2. Town TDM Program. The Town TDM Coordinator shall be
responsible for advising the Town Council in the selection and
implementation of a TDM Program for Town employees. The
program shall include all of the mandatory TDM measures along
with any appropriate optional measures. The program shall include
quantifiable objectives and a timetable for achieving them.
PAGE 11 OF ORDINANCE 91-29
I,
3. Development Review Standards. The Town may amend its
subdivision and development review ordinance to require design
features that facilitate pedestrian access, ridesharing and transit
usage. These can include bus turnouts and shelters, preferential
location of carpool and vanpool parking and effective pedestrian and
bicycle access features.
4. School Trip Reductions. The Town shall work with local school
officials to develop programs to reduce the use of the private
automobile by students and teachers. The program could include
parking restrictions, improved bus service or other measures to
reduce automobile trips.
8-23.9. PENALTIES.
Violation of this Ordinance shall be an infraction, punishable by a fine of $100 -
$500 per violation. No fine shall be imposed on an employer, complex sponsor
or project subject to the TDM Ordinance for failure to achieve the Ordinance
objectives if they have implemented a TDM program, met all reporting
requirements and have consistently made good faith efforts to do so.
a. Failure To Achieve Ordinance Objectives. If an employer, complex sponsor
or project sponsor subject to the TDM Program requirements of this
Ordinance is unable to show that substantial progress is being made to meet
the objectives of this Ordinance by the time of the required second annual
report, or any annual report thereafter, the Town TDM Coordinator may
require a revised TDM Program. The TDM Coordinator may make such a
requirement by disapproving the existing TDM Program and requiring a
revised TDM Program be prepared and submitted within sixty (60) days of
notification pursuant to the provisions of Section 1, 8-23.7.
b. Failure to Provide Surveys, Annual Reports, TDM Information Programs or
TDM Programs. Any employer, complex sponsor or project sponsor who
fails to provide the survey data or annual report required by this Ordinance,
after thirty (30) days notice to remedy this failure, shall be guilty of an
infraction. Any employer, complex sponsor or project sponsor who fails to
submit a TDM Program required by this Ordinance after thirty (30) days
notice to remedy the failure, shall be guilty of an infraction.
1. Penalties. Every infraction violation of this Ordinance is punishable,
upon conviction thereof, by: (a) a fine not exceeding one hundred
dollars ($100) for the first violation; (b) a fine not exceeding two
hundred dollars ($200) for a second violation of the same provision
within one year; (c) a fine not exceeding five hundred dollars ($ 500)
for each additional violation of the same provision within one year.
' 2. ¥iolatiox,~ - Continuing. Acts, omissions or ct .litions of violation of
this Ordinance which continue, exist or occupy more than one day
constitute separate violations and offenses on each such day.
c. Failure to Implement a TDM Program. Any employer, complex sponsor or
project sponsor who fails to implement a teem or condition of their
approved TDM Program shall have thirty (30) days, after notice of such
failure, to correct the failure, or satisfactorily explain to the Planning and
Transportation Committee why compliance is not possible or that substantial
progress is being made to meeting the objectives of this Ordinance. If the
employer, complex sponsor or project sponsor is not excused from
compliance by the Planning and Transportation Committee, then the Town
TDM Coordinator shall refer the matter to the Town Council for one of the
following actions.
1. Time Extension. The Town Council may grant an extension of time
for compliance solely on the evidence that time is the only condition
needed to accomplish the requirements.
2. Penalties. The Town Council may find that an extension is not
warranted, find a violation of this Ordinance and order compliance
within thirty (30) days. Every violation is an infraction punishable as
in Section 1, 8-23.9b.
d. Civil Enforcement.
1. Generally. In addition to the penalties provided by this Ordinance,
this Ordinance may be enforced by a civil action authorized by the
Town Council, directly against the act, omission or condition, or for
damages therefor.
2. Injunction. Any failure to act as required by this Ordinance may
seriously and detrimentally affect achievement of the goal of this
Ordinance. Provided a project sponsor or employer is given sixty
(60) days notice to comply with the provisions of this Ordinance,
upon such failure, the Town Council may authorize an action for
injunctive relief, to enjoin an employer, complex sponsor or project
sponsor from violating the provisions of this Ordinance including the
provision of a TDM Program.
SECTION 2. PUBLICATION.
The City Clerk shall either a) have this Ordinance published within 15 days after adoption
in a newspaper of general circulation, or b) have a summary of this Ordinance published
twice in a newspaper of general circulation once five days before its adoption and again
within 15 days after adoption.
PAGE 13 OF ORDINANCE 91-29
SECTION 3. EFFECTIVE L,d~E.
This Ordinance becomes effective 30 days after passage, and within 15 days after passage
shall be published one with the names of Councilmembers voting for and against it in a
newspaper published in this County.
SECTION 4. SEVERABILITY.
In the event that any of the provisions of this Ordinance are held to be unenforceable or
invalid by any court of competent jurisdiction, or by subsequent preemptive legislation,
the validity and enforceability of the remaining provisions or portions thereof, shall not
be affected thereby.
SECTION 5. CODIFICATION.
Section I shall be codified in the Danville Municipal Code, Sections 2 through 5 shall
NOT be codified in the Danville Municipal Code.
The foregoing Ordinance was first read and introduced at a meeting of the Town Council
of the Town of Danville on November 6, 1991, and was adopted and ordered published
by the Danville Town Council at a Regular Meeting on November 19, 1991, by the
following vote:
AYES: Greenberg, Lane, Ritchey, Shimansky, Sehlendorf
NOES: None
ABSTAIN: None
ABSENT: None ~~
Mayor
Approved as to Form: Attest:
C{ty Clerk