Chapter 8.54
TRIP REDUCTION
Sections:
8.54.020 Trip reduction AVR goals.
8.54.050 Voluntary and mandatory program requirements.
8.54.070 Responsibilities of medium and large employers with fifty or more employees.
8.54.080 Responsibilities of small employers with ten to forty-nine employees.
8.54.120 Application for and issuance of trip reduction ordinance (TRO) certificate.
8.54.140 Enforcement and penalties.
8.54.150 Administrative appeals.
8.54.010 Purpose.
The purpose of this chapter is:
A. To establish programs and requirements for new and existing employers, nonresidential developers, residential developers, owners of multitenant complexes, and commercial/school/ recreational sites, that will help to reduce traffic congestion, improve air quality, and make the city a more desirable, attractive and healthful place to live, work, visit, and do business;
B. To optimize use of existing and future local and regional transportation facilities through a cooperative trip reduction effort by development and employment sites which do or will produce vehicle trips;
C. To comply with state law which requires each local jurisdiction to adopt a trip reduction ordinance in accordance with the county’s congestion management program;
D. To serve as the locally-adopted ordinance which the Monterey Bay Area Unified Air Pollution Control District will rely upon for its employer trip reduction program;
E. To assist employers in identifying and utilizing cost-effective programs and methods to reduce vehicle trips made by employees. (Ord. 772 § 2, 1994)
8.54.020 Trip reduction AVR goals.
A. The fundamental AVR goal of this trip reduction ordinance is to achieve a 1.35 overall average vehicle ridership (AVR) by 1998 at employer sites with fifty or more employees.
B. In order to demonstrate achievement of this goal, and conformance with the congestion management plan, the city of Capitola shall monitor, document and make annual findings regarding progress toward meeting the 1998 goal under a voluntary program, and shall implement mandatory program requirements in the event that significant progress is not demonstrated by 1996 or subsequent annual travel survey overall AVR results, as defined in subsection C of this section.
C. The following interim AVR goals are defined for the years leading up to the 1998 timeframe for achievement of the 1.35 overall AVR fundamental goal. Attainment of these interim goals in 1996 and thereafter, as documented by travel survey AVR results, shall constitute significant progress and shall maintain the voluntary status of the program.
|
Annual Survey Result |
Overall AVR |
Employer Participation |
|---|---|---|
|
1995 |
1.20 |
65% |
|
1996 |
1.25 |
85% |
|
1997 |
1.30 |
85% |
|
1998 |
1.35 |
85% |
(Ord. 772 § 2, 1994)
8.54.030 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings defined and explained in this section:
“Alternative work schedule” means a work arrangement which causes a full-time employee to commute to the work site less than ten times during a fourteen-day period.
“Average vehicle ridership” (AVR) calculation. AVR for worksites with fifty or more employees shall be calculated by dividing the number of employee days summed over the survey week by the number of vehicle trips summed over the survey week, in accordance with the following provisions:
1. Survey Week. The survey week shall be a five-day, Monday through Friday period which does not contain a holiday, and shall represent a normal situation so that a representative projection of the AVR is obtained.
2. Employee day: each day of the survey week that an employee starts work during the six a.m. to ten a.m. peak period. Note that employees telecommuting or who are off due to a compressed work week schedule are counted toward the total employee days. The following employees are not counted toward the total employee days: (a) employees on vacation, sick leave, jury duty or other time off; and (b) employees reporting to a different worksite or an off-site, work-related activity.
3. Vehicle Trip. A vehicle trip is based on the means of transportation used for the greatest distance of an employee’s home-to-work commute trip for employees who start work during the peak period. Each vehicle trip to the worksite shall be calculated as follows:
a. Single occupant vehicle (drive alone) = 1.
b. Carpool = 1 divided by number of people in carpool, regardless of whether the other person(s) in the carpool work for the employer or at the work site.
c. Vanpool = 1 divided by the number of people in vanpool, regardless of whether the other person(s) in the vanpool work for the employer or at the work site.
d. Motorcycle, moped, motorized scooter, or motor bike = 1.
e. Public transit = 0.
f. Buspool, including buses serving several work sites = 0.
g. Bicycle = 0.
h. Walking and other nonmotorized transportation modes = 0.
i. Telecommuting = 0 on days employee is telecommuting for the entire day.
j. Compressed workweek = 0 on employee’s compressed day(s) off.
k. Zero emission vehicle = 0.
l. Low emission vehicles as approved by the Monterey Bay Unified Air Quality Pollution Control District (MBUAPCD) = 0.
4. Calculation Example. An example of calculating weekly AVR for an employer with one hundred employees all reporting to work weekdays between six a.m. and ten a.m. is:
Employees reporting to work:
|
Monday |
100 |
|
Tuesday |
100 |
|
Wednesday |
100 |
|
Thursday |
100 |
|
Friday |
100 |
|
Total |
500 |
Number of vehicles driven to the worksite:
|
Monday |
77 |
|
Tuesday |
79 |
|
Wednesday |
72 |
|
Thursday |
68 |
|
Friday |
74 |
|
Total |
370 |
Worksite AVR is derived from dividing the number of employees reporting to work during the hours of six a.m. to ten a.m. during the week (e.g., 500) by the number of vehicles driven to the work site between the same hours (e.g., 370):
|
500 employees |
= |
1.35 Average Vehicle Ridership |
|
370 vehicles |
|
Overall AVR shall be calculated by the trip reduction program manager using reported AVR data from travel surveys conducted at participating employment sites.
“Bicycle parking facilities” shall be defined as:
1. Class I: intended for long-term (i.e., all day) parking and protects against theft of entire bicycle and of its components and accessories. The facility must also protect the bicycle from inclement weather, including wind-driven rain. Three design alternatives are: (a) a fully enclosed bicycle locker accessible only by the owner or operator of the bicycle; (b) restricted access bicycle parking facilities located within a locked room or locked enclosure accessible only to the owners or operators of the bicycles parked within; (c) fully enclosed cages or chain link enclosure for individual bicycles, where contents are visible from the outside, and which can be locked by a user-provided three-eighths-inch diameter padlock.
2. Class II: intended for short-term parking. A stationary object to which the user can lock the frame and both wheels with only a lock furnished by the user. The facility shall be designed so that the lock is protected from physical assault. A Class II rack must accept padlocks and high security U-shaped locks.
“Buspool” means a vehicle occupied by sixteen or more people traveling together between their residence and their worksite or destination for the majority of the total trip distance. Employees who work for different employers, as well as nonemployed people, are included within this definition as long as they are in the vehicle for the majority of the total trip distance to work, school, day care or other destination.
“Carpool” means a vehicle occupied by two to six people traveling together between their residence and their worksite or destination for the majority of the total trip distance. Employees who work for different employers, as well as nonemployed people, are included within this definition as long as they are in the vehicle for the majority of the total trip distance to work, school, day care or other destination.
“Commercial/school/recreational site” means any facility that provides services or goods that generate fifty or more vehicle trips other than employee commute trips (based on city-approved trip generation factors) during the peak commute period of six a.m. to ten a.m. including but not limited to tourist facilities, retail establishments, sports facilities, theaters, secondary schools, trade schools, colleges and universities.
“Commute alternatives” means carpooling, vanpooling, buspooling, transit, bicycling, telecommuting and/or walking as commute mode.
“Commute trip” means a home-to-work trip made on a regular basis.
“Compliance assistance packet” means a package sent to responsible parties at all regulated sites on an annual or biennial basis with a description of responsibilities and the appropriate forms to be used by the party in complying with this chapter.
“Compressed workweek” means a regular full-time work schedule that eliminates at least one round-trip commute (both home-to-work and work-to-home) at least once every two weeks. Examples include, but are not limited to working three twelve-hour days (3/36) or four ten-hour days (4/40) within a one-week period; or eight nine-hour days and one eight-hour day (9/80) within a two-week period.
“Congestion management program (CMP)” is the countywide program developed in accordance with California Government Code Sections 65099 et seq., requiring a trip reduction and travel demand element, a program to analyze the impacts of land use decisions on the regional transportation system, and a seven-year capital plan to maintain and improve traffic levels on highways/roads.
“Employee means any person employed by a person(s), firm, business, educational institution, nonprofit agency or corporation, government or other entity, including independent contractors. The term excludes the following as defined elsewhere in this section: seasonal employees, temporary employees, volunteers, field personnel and field construction workers.
“Employee day” means each day of the survey week that an employee starts work during the peak period. Note that employees telecommuting or who are off due to a compressed work week schedule are counted toward the total employee days. The following employees are not counted toward the total employee days: (a) employees on vacation, sick leave, jury duty or other time off; and (b) employees reporting to a different worksite or an off-site work-related activity.
“Employee transportation coordinator” means an employee, other individual, or entity appointed by an employer to develop, market, administer, and monitor the employer trip reduction program or plan on a full- or part-time basis.
“Employer” means any person(s), firm, business, educational institution, government agency, nonprofit agency or corporation, or other entity which employs persons. Several subsidiaries or units that occupy the same work site and report to one common governing board or governing entity or that function as one corporate unit are considered to be one employer. Also see definition of “participating employer.” For the purpose of this ordinance, employer size categories are defined as:
Large employer: 100 or more employees at a work site
Medium employer: 50 to 99 employees at a work site
Small employer: 10 to 49 employees at a work site
“Equivalent annual vehicle trip reduction (EAVTR)” shall equal the number of vehicle trips to be reduced under the phased-in trip reduction goals (the overall AVR and percentage of employers participating) for medium and large employers. The VTR goals shall be calculated cooperatively by staffs of the SCCRTC and the city.
“Field construction worker” means an employee who reports directly to work at a construction site.
“Field personnel” means employees who spend twenty percent or less of their work time at the worksite and who do not report to the worksite during the peak period for pick-up and dispatch of an employer-provided-vehicle.
“Independent contractor” means an individual who enters into a direct written contract or agreement with, an employer to perform certain services. The period of the contract or agreement is at least ninety continuous days, or is open-ended.
“Mandatory program” means that significant progress toward meeting the 1996 and subsequent overall AVR goals as defined by Section 8.54.020(C) has not been achieved, and participation in mandatory program trip reduction efforts as defined by this chapter is required for small, medium and large employers, residential and non-residential developers, multitenant work site owners, and commercial/school/ recreational site owners.
“Monterey Bay Unified Air Pollution Control District (MBUAPCD)” is the regional governmental body responsible for the development and enforcement of regulations for control of air pollution within the counties of Monterey, Santa Cruz and San Benito.
“Multitenant work site owner” means the owner or owners of record, or the owner’s or owners’ designee, of any nonresidential or mixed-use property in existence before the effective date of this chapter, which has more than one employer operating on the property and which is occupied in total by fifty or more employees.
“Nonresidential developer” means an individual, group, or designee responsible for a new nonresidential or mixed use development which will be occupied by fifty or more employees, or for an existing nonresidential development that increases the development’s gross floor area by twenty-five thousand square feet or more, or by an amount which will result in the site being occupied by fifty or more employees.
“Parking management” means comprehensive management of the location, cost and availability of employee parking to effect changes in demand for parking spaces. It can involve establishing policies to address charging employees.for parking, offering preferential parking for ridesharers, and providing an employee transportation allowance for use on a variety of transportation alternatives, either to pay for a parking space or for use towards alternative transportation modes. For the purpose of this ordinance, parking management does not apply to commercial customer parking
“Participating employer” means any medium or large employer which has implemented a trip reduction program at its site, and has participated in the travel survey for monitoring purposes. At the discretion of the city, a group of small employers at one work site can be designated one participating employer, if that group employs in total fifty or more employees and participates in the travel survey for monitoring purposes.
“Peak period” means the hours from six a.m. through ten a.m. Monday through Friday, inclusive.
“Peak period trip” means any employee’s commute trip which ends in the peak period.
“Remodeled nonresidential development” means expansion of an existing nonresidential site which causes the site to be occupied by fifty or more employees.
“Residential developer” means an individual, group or designee responsible for development of a single-family or multifamily residential development in which twenty-five or more housing units will be constructed as a part of a single application.
“Santa Cruz County Regional Transportation Commission (SCCRTC)” is the designated local transportation commission (LTC) and the regional transportation planning agency (RTPA) for Santa Cruz County. It is responsible for establishing regional transportation policy for the county and is the designated congestion management agency in charge of developing and implementing the congestion management program.
“Seasonal employee” means a person who is employed for less than a contiguous ninety-day period, or an agricultural employee who is employed for up to a continuous sixteen-week period.
“Significant progress” means a finding by the city of Capitola that interim AVR goals for 1996 and 1997, or the fundamental 1.35 AVR goal for 1998, as defined in Section 8.54.020 of this chapter, have been attained.
“Single occupancy vehicle” means a gasoline or diesel powered motor vehicle occupied by one employee for commute purposes.
“Telecommuting means a system of working at home, offsite or at a telecommuting center, for a full workday, that eliminates the trip to work or reduces travel distance by fifty percent or more.
“Temporary employee” means any person employed by an employment service that reports to a worksite other than the employment service worksite under a contractual arrangement with a temporary employer.
“Travel demand management (TDM)” measures shall mean actions designed to reduce demands placed on the transportation system by affecting the way people travel and work. Techniques include, but are not limited to, the following:
Ridesharing
1. Carpool/vanpool matching;
2. Preferential parking for carpools and vanpools;
3. Carpool/vanpool financial subsidies or rewards;
4. Employer-provided vehicles for carpools and/or vanpools;
5. Employer-sponsored vanpools;
6. Rideshare marketing campaigns;
7. Financial subsidy of vanpool liability insurance.
Transit
8. Work site transit ticket sales;
9. Transit ticket financial subsidies, e.g., Commuter Check;
10. Transit route maps and schedules on-site;
11. Shuttle to transit line (employer-sponsored or subsidized);
12. Provide park and ride facilities.
Alternate Work Schedule/Commute Trip Elimination
13. Compressed work weeks;
14. Work-at-home programs;
15. Telecommuting.
Parking Pricing
16. Eliminate any employer parking financial subsidy;
17. Provide a monetary commute allowance for all employees;
18. Reduce parking rates for carpools and vanpools;
19. Establish customer parking fees;
20. Charge monetary fees for single occupant vehicle employee parking.
Bicycle and Pedestrian
21. Bicycling financial subsidies or rewards;
22. Financial subsidy to employees for purchase of bicycles for commute trip use;
23. Bicycle lockers or other secure, weather-protected bicycle parking facilities;
24. Bicycle access to building interior;
25. Bicycle and/or walking route information; 26. On-site bicycle registration;
27. Bicycle pools for temporary use during the day, or overnight loan;
28. Provide bike and ride facilities.
On-Site Facilities/Services
29. Employee shower facilities and clothes lockers;
30. Site modifications to encourage walking, transit, carpools, vanpools and bicycles;
31. On-site services to reduce mid-day vehicle trips, e.g., direct deposit of payroll, cafeteria, Automatic Teller Machines, apparel cleaning, etc.;
32. On-site transportation fair to promote commute alternatives.
Other
33. Membership in the Santa Cruz Area TMA;
34. Establishment of employee committee to help design, develop, and monitor-the trip reduction program;
35. Guaranteed ride home program;
36. Financial subsidies or rewards for walking and other nonmotorized transportation modes;
37. Use of employer vehicles for mid-day travel;
38. Shuttles between multiple work sites;
39. Providing child day care at/near work site;
40. Delivery services to or from the worksite;
41. Enhanced trip reduction efforts on forecast criteria pollutant exceedance days.
New Development
42. Mixed land use arrangements which minimize single occupant vehicle trips;
43. Traffic flow improvements or payments for, traffic flow improvements which do not result in an increase of emissions of oxides of nitrogen;
44. Provision of transit design features within the development;
45. Provision of onsite child care centers, food services and direct deposit;
46. Provision of shower/locker facilities for bicycle commuters;
47. Provision of pedestrian access points between bus service and major points within the development;
48. Construction or designation of a park and ride lot;
49. Provision of enclosed bicycle parking facilities;
50. Provision for bicycle- and pedestrian-only routes through the development and/or connections to the general community;
51. Development of pedestrian-oriented commercial development in existing neighborhoods;
52. Development of downtown residential development with minimal parking;
53. Provision of a fund for bus passes for employees commuting to the development;
54. Provision of very high density development along transit corridors.
“Travel survey” means a survey approved for use by the city of Capitola community development director, which is developed by the SCCRTC, city of Capitola, affected employer, or any designee of or contractor to any of these parties. The travel survey, or minimum criteria for such a survey, shall be included in the compliance assistance packet for medium and large employers to use to collect required data on employee commute patterns and to calculate the average vehicle ridership (AVR). The travel survey shall also be designed to serve as a database for the design, implementation and monitoring of trip reduction programs. Information to be obtained by the travel survey shall include but not be limited to: the number of employees commuting to the work place by each commute mode (drive alone, carpool, vanpool, public transit, walk, and bicycle); the number participating in alternative work schedule programs; the times at which employees begin and end their work days; and the number of employees residing in each zip code. A minimum of seventy-five percent of the survey forms from employees working from six a.m. to ten a.m. must be returned to be considered adequate. All nonrespondents shall be considered as drivers of single occupant vehicles.
“Trip reduction checklist” describes TDM measures that small employers, nonresidential developers, residential developers, commercial/ school/recreational site owners, and multitenant work site owners agree to provide or are required to provide to encourage employee use of commute alternatives lot;
“Trip reduction ordinance certificate (TRO Certificate)” means the certificate issued to each regulated site as certification that the terms of this chapter have been met.
“Trip reduction program manager” means the individual designated by the city of Capitola as the person responsible for receiving and approving trip reduction checklists and reports, for issuing TRO certificates, and for promoting and monitoring compliance with trip reduction goals.
“Trip reduction plan” means a program of TDM measures developed by a medium or large employer to achieve an AVR of 1.35.
“Trip reduction report” means a report filed by medium and large employers on forms supplied in the compliance assistance packet, with results of the travel survey and calculation of average vehicle ridership. Update trip reduction reports will document results of TDM measures taken during the previous reporting period.
“Vanpool” means a vehicle occupied by seven to fifteen people traveling together between their residences and their worksite or destination for the majority of the total trip distance. Employees who work for different employers, as well as nonemployed people, are included within this definition as long as they are in the vehicle for the majority of the total trip distance to work, school, day care or other destination.
Vehicle Trip. A “vehicle trip” is based on the means of transportation used for the greatest distance of an employee’s home-to-work commute trip for employees who start work during the peak period. Vehicle trips to the worksite shall be calculated as follows:
1. Single occupant vehicle (drive alone) = 1.
2. Carpool = 1 divided by number of people in carpool, regardless of whether the other person(s) in the carpool work for the employer or at the work site.
4. Vanpool = 1 divided by the number of people in vanpool, regardless of whether the other person(s) in the vanpool work for the employer or at the work site.
5. Motorcycle, moped, motorized scooter or motor bike = 1.
6. Public transit = 0.
7. Buspool = 0.
8. Bicycle = 0.
9. Walking and other nonmotorized transportation modes = 0.
10. Telecommuting = 0 on days employee is telecommuting for the entire day.
11. Compressed workweek = 0 on employee’s compressed day(s) off.
12. Zero emission vehicle = 0.
13. Low emission vehicles as approved by the MBUAPCD = 0.
“Vehicle trip reduction (VTR)” means the number of vehicle trips to the work site reduced during the peak period.
“Voluntary program” means that participation in trip reduction efforts is voluntary for small employers, multitenant worksite owners, commercial/school/recreational site owners, and residential developers; and is required at a less extensive level for medium and large employers, and nonresidential developers, than would be the case under a mandatory program. A voluntary program shall exist until at least September 30, 1996, and thereafter upon attainment of significant progress as’ defined by this chapter.
“Volunteer” means a person not receiving wages for work activity at the worksite.
“Worksite” means a structure, building, portion of a building, or grouping of buildings that are in actual physical contact or are separated solely by a private or public roadway or other private or public right-of-way, and that are occupied by the same employer.
“Worksite employee threshold” means fifty employees at a single worksite, on an average daily basis, for a ninety day period provided at least fifty employees are normally scheduled to report to the worksite on a daily basis during the peak commute period. (Ord. 772 § 2, 1994)
8.54.040 Applicability.
This chapter shall apply to all small, medium and large employers, developers, multitenant work site owners and commercial/school/recreational site owners as defined in Section 8.54.030. The city of Capitola shall be subject to the requirements of all applicable provisions under this chapter. Public organizations, including federal (civilian and military), state, and county facilities are encouraged to comply with the requirements of this chapter.
A. Any employer that qualifies under more than one category of responsibilities shall be required to adhere to the more stringent responsibilities of the sections.
B. Employers that are property owners shall also be bound by the terms of responsibility appropriate for their properties.
C. Any employer who controls more than one worksite within the city of Capitola may submit one trip reduction report and any subsequent required documentation for all subject worksites. This unified trip reduction report and/or plan shall report on AVR for each site within the city of Capitola and comply with the provisions of this chapter that apply to each worksite.
D. The above noted requirements shall not serve to lessen any previously enacted city requirements that would otherwise apply.
E. Exemptions to certain requirements under a mandatory program are available for medium and large employers, in accordance with Section 8.54.070(H) of this chapter. (Ord. 772 § 2, 1994)
8.54.050 Voluntary and mandatory program requirements.
A. Voluntary and Mandatory Program Levels of Participation. A voluntary program shall be in effect until at least September 30, 1996. If significant progress is demonstrated by attainment of 1996 and subsequent years’ overall AVR goals as defined by Section 8.54.020(C), then voluntary program provisions of this chapter shall remain in effect. If overall AVR goals are not attained, then mandatory program provisions of this chapter shall go into effect. Under a voluntary program, any participation in trip reduction efforts by existing small employers, multitenant worksite owners, commercial/school/recreational site owners, and residential developers is voluntary. Under a voluntary program, medium and large employers and nonresidential developers are subject to less extensive participation requirements than would be the case under a mandatory program.
B. Findings for maintaining voluntary Program. Voluntary program provisions shall remain in effect for an additional year if the city council reviews the annual progress report and makes a finding each year that significant progress, as defined by Section 8.54.020(C), was achieved, based upon calculation of the overall AVR for participating employers, or equivalent VTR. The finding shall be made by September 30, 1996 to respond to the 1996 annual survey result, and by September 30th of each year thereafter to respond to the subsequent years’ surveys, to maintain a voluntary program. If a finding of significant progress cannot be made or is not made, then the mandatory program provisions of this chapter shall go into effect. (Ord. 772 § 2, 1994)
8.54.060 Notice to comply.
A. Within thirty days of city council inability to make or decision not to make a finding of significant progress, the city trip reduction program manager shall initiate a mandatory program by mailing to affected sites and employers, and publishing in a newspaper of general circulation, a TRO notice to comply. The notice will state that employers, nonresidential owners/developers, residential developers, commercial/school/ recreational sites, and multitenant work sites that meet the criteria established by this chapter must notify the city within thirty days. Failure to receive a direct mailing, or failure to respond, does not relieve any regulated party of their responsibilities under this chapter. After the city has mailed and published the notice to comply, a compliance assistance packet (CAP) shall be sent to the responsible party at each site.
B. Thereafter, notice to submit updates of required forms will be sent to regulated parties on a scheduled basis under a mandatory program. Medium and large employers shall receive notification to provide updated trip reduction reports on an annual basis, except that, after they have demonstrated attainment of an AVR of 1.35, they shall receive notification on a biennial basis. Small employers, nonresidential owners/ developers, residential developers, commercial/school/recreational sites and multitenant work sites shall receive notification to update their trip reduction checklist on a biennial basis. (Ord. 772 § 2, 1994)
8.54.070 Responsibilities of medium and large employers with fifty or more employees.
A. Under either a voluntary or mandatory program, demonstrate good faith efforts to implement appropriate and feasible TDM measures, with the goal of attaining an AVR of 1.35 among employees reporting to the worksite during the peak period.
B. Under a mandatory program, apply for a TRO certificate by submitting a trip reduction checklist for approval by the city’s trip reduction program manager, proposing appropriate and feasible TDM measures, including the following:
1. Coordinate ridematching services with the appropriate rideshare agency;
2. Provide information on transit and other commute alternatives to employees. This information should be continually available, readily accessible to all employees, and provided as part of new-hire materials;
3. Provide preferential parking for those using commute alternatives.
C. Under either a voluntary or mandatory program, assign an employee transportation coordinator (ETC) for each work site to implement TDM measures.
D. Under either a voluntary or mandatory program, conduct an employee travel survey in order to calculate AVR, and potentially to establish eligibility for an exemption from any mandated provisions for medium and large employers. Under a mandatory program, the travel survey shall be conducted within ninety calendar days of receipt of a compliance assistance packet. Under a voluntary program, the travel survey may be conducted at such time that the city of Capitola or SCCRTC is sponsoring an area wide survey effort, or independently at some other appropriate time. The travel survey method shall be approved by the city trip reduction program manager in advance of survey administration. All completed survey forms shall be maintained on file for a period of two years, and upon written request by the city shall be made available for auditing purposes.
E. Under a mandatory program, submit a trip reduction report documenting compliance with this chapter to the city trip reduction program manager within one hundred and twenty days after receipt of the compliance assistance packet. The report shall include the employer’s trip reduction checklist, results of the travel survey, and calculation of average vehicle ridership. The report shall document the results of specific travel demand management (TDM) measures undertaken during the reporting period in sufficient detail to allow the city to evaluate the effectiveness of such efforts.
F. If the trip reduction report reveals that the site’s AVR is below 1.35, under the mandatory program the employer must also submit a trip reduction plan of TDM measures designed to achieve an AVR of 1.35 or greater for approval by the city trip reduction program manager.
G. Under the mandatory program, the first update report shall be submitted twelve months after the date the initial trip reduction report was received by the city trip reduction program manager. The second update report shall be submitted twelve months after the first update report. Thereafter, the employer shall submit an update report annually, unless the target AVR has been attained, in which case employers shall submit update reports on a biennial basis.
H. Exemptions. Employers meeting one or more of the following criteria are exempt from any mandatory program requirements of this section, and shall instead meet the mandatory program requirements for small employers:
1. Those employers who can verify to the city that their average monthly employment per worksite during the previous calendar year was less than fifty employees are eligible for an exemption to requirements under this section.
2. Those employers who can verify to the city that they have less than fifty employees arriving at or leaving work during the AM peak of six a.m. to ten a.m. are eligible for an exemption to requirements under this section.
3. Those employers who are active, participating members of the Santa Cruz Area Transportation Management Association (TMA), who would otherwise be subject to mandatory participation in trip reduction efforts, will be exempt from the mandatory requirements under this chapter if either: (a) the Capitola TMA membership as a whole meets the applicable AVR goal, or (b) the individual employer meets the applicable AVR goal, as certified by the TMA or the city. (Ord. 772 § 2, 1994)
8.54.080 Responsibilities of small employers with ten to forty-nine employees.
A. Under a mandatory program, all small employers with ten to forty-nine employees shall apply for a TRO certificate by submitting a trip reduction checklist for approval by the trip reduction program manager. The checklist shall be submitted within ninety calendar days of receipt of the CAP, and shall propose appropriate and feasible TDM measures, including the following:
1. Coordinate ridematching services with the appropriate rideshare agency;
2. Provide information on transit and other commute alternatives to employees. This information should be continually available, readily accessible to all employees, and provided as part of new-hire materials;
3. Provide preferential parking for those using commute alternatives;
4. Identification of an employee transportation coordinator for the trip reduction program at the worksite.
B. Under a mandatory program, small employers shall submit for approval by the trip reduction program manager biennial update reports containing an updated trip reduction checklist to document compliance with this chapter. (Ord. 772 § 2, 1994)
8.54.090 Responsibilities of nonresidential developers and owners of multitenant sites occupied by more than fifty employees.
A. Determining Number of Employees. For the purposes of determining whether a new or remodeled nonresidential development project will be occupied by fifty or more employees, the total employment figure will be determined by the project applicant by applying the employee projections developed by the applicant and approved by the community development director, or by using the employee generation factors by type of use in the table below. For purposes of determining whether an existing multitenant site is occupied by fifty or more employees, the total employment figure will be determined by a verifiable count provided by the site owner, or by using the employee generation factors in the table below.
|
Land Use Category |
Number of Employees |
|---|---|
|
|
|
|
Commercial (regional, community or neighborhood) |
1/500 gross square feet |
|
Office/professional |
1/250 gross square feet |
|
Industrial |
1/525 gross square feet |
|
Hotel/motel (non-luxury) |
1/5 rooms |
|
Mixed use |
sum of individual figures for each use |
|
Restaurant |
1 per 10 seats |
|
Hospital/other medical |
1 per 4 beds |
B. Identification of TCM Measures, Design Elements and Facilities.
1. Developers of New or Remodeled Nonresidential or Mixed-Use Developments. Under either a voluntary or mandatory program, all developers of new or remodeled nonresidential or mixed-use developments, who are determined to be subject to the requirements of this chapter under Section 8.54.080(A) above, shall designate an ETC and shall select TCM measures, design elements and facilities which support the attainment of the 1.35 overall AVR goal, such as those described in Section 8.54.030 of the definition “Travel demand management,” and Section 8.54.090, subdivisions 2(a) through (e) of the definition which shall be made conditions of project approval. Under a mandatory program, nonresidential developers shall apply for a TRO certificate by submitting a proposed trip reduction checklist as part of a development application, and the city shall require appropriate and feasible measures as a condition of project approval.
2. Owners of Existing Properties. Under a mandatory program, owners of existing multitenant sites occupied by more than fifty employees shall designate an ETC and shall apply for a TRO certificate by submitting a trip reduction checklist for approval by the trip reduction program manager. The checklist shall be submitted within ninety calendar days of receipt of the CAP, and shall propose appropriate and feasible TDM measures. When reviewing the proposed trip reduction checklist, the city shall take into consideration the nature, size and impact of the site, and may require additional appropriate and feasible measures, facilities and elements, such as those listed below:
a. Preferential Parking for Carpool Vehicles.
A percentage of parking spaces allotted for employee use shall be reserved and designated for carpool vehicles by clearly marking such spaces. A suggested percentage of fifteen percent of employee parking is to be designated for preferential parking. Carpool spaces shall be located near the building’s employee entrance or other preferred location within the employee parking areas as approved by the city. Where the number of parking spaces allotted for employee use is unknown, the following table shall be used as a guide to determine the total number of employee parking spaces at a site:
|
Land Use |
Percent of Total Parking Devoted to Employee Parking |
|---|---|
|
|
|
|
Commercial |
30% |
|
Office/professional |
85% |
|
Industrial |
90% |
b. Bicycle Parking and Shower Facilities. Bicycle parking and locker/shower facilities shall be provided in a secure location for use by employees or tenants who commute to the site by bicycle or on foot. A suggested guide for the number of facilities to be provided is a ratio of one clothing locker for every twenty employees and one shower for every two hundred employees, with one shower required for sites with fifty to one hundred ninety-nine employees. Suggested guidelines for bicycle parking are one Class I or II storage device for every ten employee spaces, with a minimum requirement for one Class I parking space for every fifty employee spaces. Bicycle parking should be situated at least as conveniently as the most convenient vehicle parking area.
c. Information on Transportation Alternatives. A centrally located commuter information area shall be provided that displays information on commute alternatives, preferential parking, bicycle parking, transit routes and maps, ridesharing promotional material provided by the local rideshare agency, and other elements of the work site’s trip reduction program.
d. Vanpool Accessibility. The design of all parking facilities shall incorporate provisions for access and parking of vanpool vehicles. Vanpool parking spaces shall be located near the building’s employee entrance or other preferential location approved by the city. A suggested guide for the provision of vanpool parking spaces is at least one space per one hundred employee parking spaces. Vanpool spaces shall be no less than nine feet six inches wide. Garage clearance of no less than seven feet six inches shall be required to permit access by vanpool vehicles.
e. Designation of an Employee Transportation Coordinator. Assign an individual to be responsible for promotion of transportation alternatives. This individual shall receive training as approved by the city of Capitola.
C. Tenant Lease Agreement Requirements. Under a mandatory program, tenants shall be required by lease agreements to cooperate with the trip reduction measures necessitated by this chapter, including, but not limited to: (1) assisting the property owner administer employee travel surveys and ridematching efforts, if required, (2) distributing any transportation information provided by the property owner, and (3) permitting their employees to participate in inter-company rideshare arrangements. (Ord. 772 § 2, 1994)
8.54.100 Responsibilities of residential developers of twenty-five or more housing units in a single application.
Under a mandatory program, all developers of new residential developments of twenty-five or more housing units on a single development shall apply for a TRO certificate by submitting a proposed trip reduction checklist as part of the development application. The checklist shall identify appropriate and feasible TCM measures, design elements and facilities that encourage and support use of alternative transportation by residents of the development. The city shall require implementation of appropriate and feasible measures as a condition of project approval, taking into consideration the nature, size and impact of the development. The city may require additional appropriate and feasible measures, facilities and elements, such as those listed below:
A. Provide ridesharing and public transportation information to tenants/buyers as part of move-in materials;
B. Print transit scheduling information on promotional materials;
C. Install bicycle amenities, such as bicycle racks and bicycle lanes, paths or routes, in accessible locations. A suggested guide for multifamily dwellings is provision of one covered Class I bicycle space per unit;
D. Provide bus pull-outs, transit stops, shelters and amenities as part of the site plan;
E. Provide transportation information centers, with bus route/schedule information, as part of common areas;
F. Provide pedestrian facilities linking transit stops and common areas;
G. Provide resources for site amenities that reduce vehicular tripmaking commensurate with the size and impact of the new development. (Ord. 772 § 2, 1994)
8.54.110 Responsibilities of owners of commercial/ school/recreational sites which attract more than fifty vehicle trips, other than employee commute trips, between six a.m. and ten a.m.
A. Under a mandatory program, owners or administrators of commercial/school/recreational site facilities which attract more than fifty vehicle trips, other than employee commute trips, between six a.m. and ten a.m., shall apply for a TRO certificate by submitting a trip reduction checklist for approval by the city’s trip reduction program manager. The checklist shall be submitted within ninety calendar days of receipt of the CAP, and shall propose appropriate and feasible TDM measures designed to decrease vehicle trips by visitors, students and retail patrons. When reviewing the proposed trip reduction checklist, the city shall take into consideration the nature, size and impact of the site, and may require additional appropriate and feasible measures, facilities and elements, such as those listed below:
1. Install a bulletin board, display unit or kiosk in an area of high visibility, providing information on all public transit routes serving the site;
2. Provide secure bicycle parking in locations permitting ease of access to facilities. A suggested guide for visitor parking is to provide one Class II bicycle parking facility for every ten visitor vehicular parking spaces provided;
3. Print information regarding access by transit on appropriate promotional materials;
4. Designate an employee transportation coordinator to be responsible for promotion of transportation alternatives.
B. Under a mandatory program, commercial/school/recreational site owners or administrators shall submit a biennial updated trip reduction checklist to document compliance with this chapter. (Ord. 772 § 2, 1994)
8.54.120 Application for and issuance of trip reduction ordinance (TRO) certificate.
A. Under a mandatory program, regulated sites shall apply for a trip reduction ordinance (TRO) certificate, which shall be issued by either the planning commission (for new, expansion or remodel discretionary development projects) or the city’s trip reduction program manager (for existing sites) as certification that the terms of this chapter have been fully complied with. Under a mandatory program, large and medium employers shall obtain an annual renewal of the TRO certificate, unless the target AVR of 1.35 has been attained, in which case the TRO certificate may be renewed on a biennial basis. All other TRO certificates may be renewed on a biennial basis.
B. The city, on the basis of the content of the final trip reduction checklist or trip reduction plan, shall approve a TRO certificate upon making the following findings:
1. The trip reduction effort detailed in the trip reduction checklist or plan constitutes a reasonable and appropriate trip reduction program, and implementation of the measures will reduce use of single occupancy vehicles to an extent consistent with achievement and/or maintenance of a 1.35 AVR; and
2. The trip reduction measures will contribute to making the city a more desirable, attractive and healthful place to live, work, visit and do business; and therefor will promote the public health, safety, and general welfare within the city of Capitola and the region.
C. A TRO certificate fee shall be established by city council action to pay for the costs of administration and enforcement of this chapter. This fee shall be reviewed and updated periodically.
1. Fees for employers will be set according to the size of the employer, based on number of employees.
2. Large and medium employers who demonstrate attainment of their target AVR shall receive a twenty-five percent credit toward their TRO certificate fee the first year the target is met, a fifty percent credit the second consecutive year the target is met, and a credit of seventy-five percent the third and any subsequent consecutive years the target is met. (Ord. 772 § 2, 1994)
8.54.130 Reporting.
A. In order to provide the SCCRTC with information necessary to determine whether the city is in compliance with the congestion management program, and to determine the status of the city’s program as either a voluntary program or a mandatory program, the city shall submit annually to the SCCRTC a progress report, consisting of a copy of this chapter, implementation and monitoring materials, and a quantitative analysis of overall AVR results, based on the annual travel surveys submitted by employers. The progress report shall contain a statement regarding whether or not significant progress, as defined by this chapter, was achieved or sustained during the previous year.
B. In order to provide MBUAPCD with information necessary to calculate emissions reductions from this chapter, the city shall forward to the MBUAPCD a copy of the annual progress report described in the previous paragraph. (Ord. 772 § 2, 1994)
8.54.140 Enforcement and penalties.
A. Violations of this Chapter.
1. A violation of any of the provisions of this chapter shall be an infraction.
2. Failure to respond to the compliance assistance packet within the prescribed timeline is a violation of this chapter.
3. Failure to submit a trip reduction checklist or plan, or update a trip reduction report when due, or make checklist or plan revisions required by the city, or implement provisions of a trip reduction checklist or plan approved by the city, is a violation of this chapter.
4. Each day that a provision of this chapter, or the terms and conditions of any approved work site trip reduction checklist or plan are violated, shall constitute a separate violation.
5. Failure to achieve the target AVR does not constitute a violation of this chapter and no employer shall be subject to any fines based on lack of attainment.
B. Enforcement. For purposes of ensuring that the provisions of this chapter are fully adhered to, the city shall, following written notice, initiate enforcement action(s) against such party(ies) or designee(s) which may include, but not be limited to, the following:
Employers and Commercial/School/Recreational Site Owners
1. Withhold issuance or renewal of business license.
Nonresidential or Residential Developers
1. Withhold approval of development permits;
2. Issue stop work order;
3. Initiate proceedings to revoke the site development permit or other discretionary action;
4. Withhold issuance of a certificate of occupancy;
5. Require the developer or property owner to establish an association of tenants and/or owners at the site through covenants, codes and restrictions regulations designed to enforce the provisions of this chapter.
C. Enforcement and Fines. Violations of this chapter shall not be punishable by imprisonment, nor shall persons charged with violating this chapter be entitled to a trial by jury. Violations of this chapter are punishable by:
1. A fine not exceeding one hundred dollars for a first violation;
2. A fine not exceeding two hundred dollars for a second violation of the same provision of this chapter within one year;
3. A fine not exceeding five hundred dollars for each additional violation of the same provision within one year. (Ord. 772. § 2, 1994)
8.54.150 Administrative appeals.
A. Any person(s) directly affected by any administrative decision or action of the trip reduction program manager pertaining to the application of this chapter to a site, may file with the community development director a written appeal to the city planning commission by specifically setting forth those matters or issues in dispute.
B. An employer or property owner/developer required to revise a submittal pursuant to this chapter may, within thirty days and upon notice to the city, appeal such action to the city planning commission. The hearing shall be held before the planning commission within sixty days of receipt of the notice of appeal. The city planning commission may for good cause act to modify or overrule action(s) required by the city or its own previous actions.
C. Any employer subject to this chapter that fails to meet the AVR target in thirty-six months after receipt of the compliance assistance packet, shall have a hearing before the planning commission to determine if additional TDM actions could be undertaken at the site. The planning commission shall impose such additional TCM actions as it determines to be appropriate and feasible.
D. Any action of the planning commission taken regarding an appeal filed and processed in accordance with this section shall be appealable to the city council by any party to the decision.
E. The planning commission may elect to forward any appeal filed under this section directly to the city council, with no prior action or recommendation by the planning commission on such appeal. (Ord. 772 § 2, 1994)
8.54.160 Severability.
A. If any subsection, division, sentence, clause, phrase or portion of this chapter, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.
B. The city council declares that it would have adopted this chapter, and each subsection, subdivision, sentence, clause, phrases or portions thereof, irrespective of the fact that any one or more section, and each subsection, subdivision, sentence, clause, phrase, or portions thereof, be declared invalid or unconstitutional. (Ord. 772 § 2, 1994)