Pasadena Municipal Code Ch. 10.64 Transportation Management Program

It is the purpose of this Chapter 10.64 to implement the requirements of the Los Angeles County Metropolitan Transportation Authority's ("Metro") Congestion Management Program in accordance with California Government Code Sections 65089 and 65089.3, and consistent with the provisions of Metro's model trip reduction ordinance; and to be a leader in environmental compliance and sustainability efforts.

(Ord. No. 7157, § 8, 11-24-2008)

Nonresidential projects, and the nonresidential portion of mixed-use projects, which are between 25,000 square feet and 75,000 square feet of gross floor area, shall provide employee transportation information services and a transportation plan which conforms to the program requirements approved by the City Department of Transportation. This transportation plan shall be reviewed and approved by the Director of Transportation prior to the issuance of a building permit. Thereafter, these projects shall submit for review an annual update on the implementation of the pre-existing transportation plan. The plan requirements include, but are not limited to, the following:

A. Project description;

B. Carpool and vanpool preferential parking designation;

C. Bicycle parking designation;

D. Commuter matching services, to be provided for all employees on an annual basis, and for all new employees upon hiring;

E. Transportation information displays, to be provided on site, situated so as to be seen by the greatest number of employees. Information displayed shall include, without limitation, current maps, routes, and schedules for public transit routes serving the development; the telephone number and web sites of referrals for transportation information including the numbers and web sites for the regional ridesharing agency and local transit operators; ridesharing promotional materials; bicycle routes and facility information; and a listing of facilities available for bicyclist, carpoolers, pedestrian, transit riders, and vanpoolers at the development; and

F. Contact information for responsible party at the site.

(Ord. 6573 § 6 (part), 1993)

(Ord. No. 7157, § 9, 11-24-2008)

A. Transportation Demand Management Program Plan. TDM Program Plans will be required by the following projects:

1. Multi-family residential developments that are 100 or more units;

2. Mixed-use developments with 50 more residential units; or 50,000 square feet or more of non-residential development; or

3. Nonresidential projects which exceed 75,000 square feet.

B. Transportation Demand Management Program Plan requirements. TDM Program Plans shall conform to the program requirements approved by the City Department of Transportation. The TDM Program Plans shall be reviewed and approved by the Director of Transportation prior to the issuance of a building permit and thereafter shall be reviewed and approved annually. Program requirements will include, but not be limited to, the following:

1. Project description;

2. Site conditions that affect commute travel;

3. TDM Program Plan measures;

4. Evaluation criteria for reviewing TDM Program Plans; and

5. Duties, responsibilities and qualifications of a certified Employee Transportation Coordinator.

C. Average vehicle ridership requirements. Nonresidential development projects, and the nonresidential portion of mixed-use development projects, shall strive to achieve a minimum average vehicle ridership ("AVR") between 6:00 a.m. and 9:00 a.m., Monday through Friday, as follows:

1. All projects shall strive to meet an AVR of 1.5 starting 1 year from the effective date of this ordinance.

2. All projects that are located within a "Transit Oriented Development" area (as defined in Title 17, Article 8) shall strive to meet a 1.75 AVR starting 3 years from the effective date of this ordinance.

3. The TDM Program Plan shall include a statement of the property owner's Chief Executive Officer confirming the owner's commitment to strive to meet the AVR requirements.

D. Transportation Demand Management Program statement of commitment. The property owner's Chief Executive Officer shall make the following commitments to the program:

1. Commitment to conduct annual surveys in conformance with South Coast Air Quality Management District's guidelines to determine commute travel behavior including collection of data on employee means of travel, arrival time, and interest in information on ridesharing opportunities.

2. Commitment to monitor the TDM Program Activities; and

3. Commitment to report on the TDM Program annually in a manner required by the City (e.g., TDM Status Report).

E. Annual Transportation Demand Management Status Report.

1. Property owners shall submit an annual "TDM Status Report" to the City beginning with the first annual reporting date assigned by the City. The City shall provide the property owner with written notification indicating whether the TDM Status Report is approved or is deemed unacceptable within 3 months of its receipt. Alternatively, the City may notify the owner in writing of an extension of this deadline of no more than 30 days.

2. Annual reports will be reviewed by the City to determine if the property owner has implemented and/or maintained the TDM Program.

3. City staff will determine if a property has met the applicable AVR as measured by responses from the annual commuter survey.

4. City staff may request auditable documentation to determine compliance.

5. If the performance objective has not been achieved, City staff will determine if progress has been made toward meeting the AVR. This will be determined by, among other things, any change in the reported AVR from the prior year.

6. If the AVR requirement has not been met and a property owner has not made progress toward the requirement, the City shall work collaboratively with the owner to identify modifications to the TDM Program and shall direct the owner to revise its program within 60 days to incorporate the modifications. In response to the recommended modifications, the owner shall submit a revised TDM Program Plan, including the requested modifications or equivalent measures, within 60 days of receiving written notice to revise its program. The City shall review the revisions and notify the owner of acceptance or rejection of the revised program. If a revised program is not accepted, the City will send written notice to that effect to the owner within 60 days.

F. Commitment to Maintain Transportation demand management compliance for the life of a project.

1. Property owners subject to trip reduction requirements shall record a Covenant and Agreement to a property's codes, Covenants and Restrictions (i.e., CC&Rs) that make the TDM Program a condition of property ownership. The CC&Rs shall include provisions to:

a. Guarantee adherence to the TDM objectives and perpetual operations of the TDM Program Plan for all legal parcels within the site regardless of property ownership.

b. Inform all subsequent property owners of requirements of the TDM Program Plan.

c. Inform the City Department of Transportation of any change in property ownership.

d. Identify consequences of non-performance.

2. Space use agreements (i.e., lease documents) shall include provisions to inform and commit tenants to and participate in measures of the property's TDM Program, including:

a. Encouraging employees to participate in campaigns that promote use of carpools, vanpools, transit, walking and bicycling; and

b. Posting transportation information in employee common areas; and

c. Participating in the annual employee commute survey; and

d. Promoting the availability of preferential car/vanpool parking spaces to employees.

G. Enforcement.

1. Property owners shall submit an annual TDM Status Report and relevant data/reports to document compliance with this Chapter. The City shall monitor such compliance in a manner it deems appropriate and reasonable. Monitoring mechanisms may include, but not be limited to, the following:

a. Printed documentation of site features (e.g., location of carpool parking spaces);

b. Photographs of TDM Program facilities (e.g., carpool parking spaces);

c. Field-site inspections by City staff; or

d. Other building site reports/surveys which the City may deem appropriate.

2. Non-compliance includes failure to:

a. Submit a Transportation Demand Management Program Plan;

b. Implement strategies contained in an approved TDM Program Plan;

c. Submit annual TDM Status Reports; or

d. Substantially achieve the established AVR requirement.

3. The City shall issue a written notice of non-compliance to owner of properties that are out of compliance with this Chapter. The notice shall indicate the cause for non-compliance (e.g., failure to: submit an approved TDM Program Plan, submit an annual TDM Status Report, substantially achieve the established AVR requirement) and identify actions necessary to attain compliance. Property owners shall be given 30 days to provide documentation of compliance. Each day that a property owner violates the provisions of this Chapter or the terms and conditions of any approved TDM Program Plan shall constitute a separate violation of this Chapter.

4. Non-compliance will result in 1 or more of the following:

a. Require the addition of elements to the property owner's TDM Program Plan.

b. Institute proceedings to revoke any approval of a TDM Program Plan.

c. Impose an administrative penalty as provided for in Title 1 (General Provisions) of the Municipal Code.

d. Withhold the issuance of building permits, certificates of use and occupancy, and/or other City issued permits or licenses

e. Issue a stop work order.

f. Request that the City Attorney take appropriate enforcement action. Referral to the City Attorney is not a condition precedent to any enforcement action by the City Attorney.

(Ord. 6573 § 6 (part), 1993)

(Ord. No. 7157, § 10, 11-24-2008)