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O1604 e e CA:RMM:LL636b/hpc city council Meeting 11-12-91 Santa Monica, california ORDINANCE NUMBER l604(CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 2B TO ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO REQUIRE NEW AND EXISTING NON-RESIDENTIAL DEVELOPMENT PROJECTS TO ADOPT WORKSITE TRANSPORTATION PLANS AND TO PAY TRANSPORTATION IMPACT FEES TO REDUCE TRAFFIC CONGESTION AND IMPROVE AIR QUALITY IN THE CITY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2B is added to Article IX of the Santa Monica Municipal Code to read as follows: CHAPTER 2B - TRANSPORTATION MANAGEMENT SECTION 9220. Findinqs. The city Council finds and declares: (a) Expected growth in population and employment opportunities in the city will be accompanied by concomitant increases in traffic congestion. (b) Transportation and traffic studies project that future traffic levels on surface streets will be severe unless measures are taken to reduce commute hour traffic levels. - 1 - e e (c) Air quality studies indicate that ozone and carbon monoxide concentrations exceed state and federal standards some days in the city. (d) Traffic along some major routes in the city has or is expected to reach Level of Service IfFIf during peak hours, indicating conditions where excessive delays develop repeatedly due to vehicles arriving at rates greater than capacity and where emergency vehicle travel is impeded. (e) New development and major additions to existing development by the year 2010 will have an adverse impact on the existing transportation systems by adding approximately 17,000 trips to the existing demand of over 20,000 p.m.-peak hour trips from non-residential land uses. (f) The City's General Plan calls for formation of a plan to implement the transportation management policies of the circulation Element, an uncongested traffic circulation system, energy conservation, and maintenance of noise and air quality levels within established standards. (g) The transportation system is impacted Citywide by the traffic and parking requirements of development. (h) Transportation Systems Management, Transportation Demand Management, and Transportation Facility Development strategies can improve service and operations to increase mobility and the general - 2 - e e efficiency of the system. These strategies encompass traffic operations, ridesharing, and bicycle improvements as well as transit planning and management of the system. These strategies enhance vehicle flow or shift demand on an existing transportation facility and can be effective to mitigate negative effects of transportation, such as air quality, energy use, and noise levels. (i) Reduction of congestion and the time of commute trips will improve the quality of life in the City and improve quality and level of access for residents and employees and patrons of local businesses. (j) Coordination of Transportation systems Management, Transportation Demand Management, and Transportation Facility Development strategies with other cities and counties in the region and through regional agencies will assist in meeting the goals of this Chapter. SECTION 9221. Purpose and objectives. purpose and objectives of this Chapter are establish a transportation management plan will: The to that (a) Allow for any growth permitted by the land use plans of the city while minimizing peak-hour automobile commute trips from new and existing places of employment. - 3 - e e (b) Reduce traffic impacts within the communi ty and region through a reduction in the number of vehicular trips and total vehicle miles traveled. (c) Reduce the vehicular air pollutant emissions, energy usage, and ambient noise levels through a reduction in the number of vehicular trips, total vehicle miles traveled, and traffic congestion. (d) Ensure city compliance with South Coast Air Quality Management District Regulation XV, and require employers both to meet Regulation XV air quality targets and to achieve City traffic objectives. (e) Achieve a commuter Average Vehicle Ridership of 1.50 within one (1) year for employers of 100 employees or more. (f) Achieve City-wide commuter Average Vehicle Ridership of 1.50 within three (3) years. (9) Maintain levels of service on streets and intersections during peak-hours at or below capacity for as long a period of time as feasible. (h) Prevent levels of service on streets and intersections that have not reached Level of Service "Ett during peak-hours from reaching that level. (i) Improve levels of service on streets and intersections that have already reached Level of Service "En during peak-hours. - 4 - e e (j) Minimize the percentage of traveling to and from work at the same during peak hour periods in single vehicles. (k) Assist in attainment of the requirements of the Federal Clean Air Act. (1) Implement several air quality control measures required of local governments by the 1991 Air Quality Management Plan adopted by the South Coast Air Quality Management District and subsequent updates. employees time and occupant (m) Promote and increase work-related transit use, ridesharing, walking and bicycling to minimize parking needs and to protect critical intersections from severe overload. (n) Decrease the government cost of transportation and parking facility construction and improvements. (0) Maximize the use of commute modes other than the single-occupancy vehicle through Transportation Systems Management, Transportation Demand Management, and Transportation Facilities Development. SECTION 9222. Definitions. The following words or phrases shall have the following meanings when used in this Chapter: - 5 - e e Audit. A selective inspection by the city of an employer's activities related to the fulfillment of ongoing implementation and monitoring of an approved Worksite Transportation Plan. Average Vehicle Ridership (AVR). The total number of employees who report to the worksi te or another job-related activity during the peak periods Monday through Friday divided by the number of vehicles driven by these employees over that five-day period. The AVR calculation requires that a five consecuti ve weekday average be used. The averaging period cannot contain a holiday and shall represent a normal situation so that a projection of the average vehicle ridership during the year is obtained. An example of calculating morning AVR using a weekly averaging period for an employer with 300 employees all reporting to work weekdays between 6:00 a.m. and 10:00 a.m. inclusive is: Employees reporting to work: Monday 300 Tuesday 300 Wednesday 300 Thursday 300 Friday 300 Total 1500 Number of vehicles driven to the worksite by these employees: Monday 270 Tuesday 250 Wednesday 280 - 6 - e e Thursday Friday 265 262 Total 1327 AVR is arrived at by dividing the number of employees reporting to work between the hours of 6:00 a.m. and 10:00 a.m. during the week (1500) by the number of vehicles driven to the worksite between the same hours during the week (1327): 1500 = 1.13 AVR 1327 A similar calculation is required for obtaining the afternoon peak period AVR for commute trips between 3 : 00 p . m . and 7 : 00 p . m . This example does not include credits for telecommuting, clean fuel vehicles, or compressed work weeks. However, credits will be given for these measures in calculating actual AVR as indicated in the Employer Handbook. Employers of individuals utilizing a guaranteed ride home service will not be penalized in the AVR calculation. BUspool{Shuttle Bus. A vehicle carrying sixteen (16) or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule. California Department of Transportation (Caltrans). The state agency responsible for the maintenance and development of California's transportation systems. - 7 - e e Carpool. A motor vehicle occupied by two (2) or more employees traveling together to and from work. Clean Fuel Vehicle or Low Emission Vehicle (LEV) . A motor vehicle capable of operating on liquid petroleum gas (LPG), methanol, compressed natural gas (CNG) or electricity (E.V.), and certified by the California Air Resources Board (ARB) as an LEV. Commute Trip. A home-to-work or work-to-home trip. Compliance Inspection. An unannounced inspection by the city, the South Coast Air Quality Management District, or its agent of an employer's activities related to the fulfillment of ongoing implementation and moni tor ing of an approved Worksite Transportation Plan. Developer. Any person responsible for development of a non-residential development project which will result in ten (10) or more peak period trips. Employee. Any person employed by a firm, person, business, educational institution, non-profit agency or corporation, government agency or other enti ty who reports to work at a single worksite for six months or more. Employer. including the Any City public or private of Santa Monica, employer, having a - 8 - e e permanent place of business in the City and employing 10 or more employees. Guaranteed Ride Home. Transportation provided by the employer for employees who rideshare in the event employees cannot rideshare home because of unforeseen overtime requirements or other emergency circumstances. Level of Service ("LOSlt). A term to describe prevailing and projected traffic conditions on a roadway and is expressed by delay and the ratio of volume/capacity (v/e). six levels of service are designated "A" through "F. II "All describes a free flowing condition and "Fir describes forced traffic flow conditions with severe capacity deficiencies and delays. This definition is based on the Highway Capaci ty Manual, Transportation Research Board SR 209 (1985). Mitigation Measures. Those actions (e.g., Transportation Systems Management, Transportation Demand Management, and Transportation Facility Development) which are taken to reduce traffic impacts. Monitoring. The techniques used to assess progress towards complying with the transportation management plan. Multi-Tenant Worksite. A structure, or group of structures, on one worksite where more than one employer conducts a business. - 9 - e e Peak Period. In the morning, the peak period includes the hours from 6:00 a.m. to 10:00 a.m. In the evening, the peak period includes the hours from 3:00 p.m. to 7:00 p.m. Peak Period Trip. An employee's commute trip that begins or ends at the worksite or work related trip within the peak period. Pedestrian Oriented Use. A use which is intended to encourage walk-in customers and which generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. Such uses may include, but not be limited to, neighborhood commercial uses, retail uses, cultural uses, restaurants, cafes, and banks. Preferential Parking. Parking spaces designated or assigned for carpool and vanpool vehicles carrying commute passengers on a regular basis and are provided at a reduced cost and/or in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles. Ridesharing. Any mode of transportation other than a single occupancy vehicle which transports one or more persons to a worksite. Satellite Work Center. A worksite other than the regular worksite which results in a shorter commute distance for the employee and from which the employee performs regular work functions. - 10 - e e Telecommuting. A system which allows an employee to work at home and still be in communication with the worksite. Transportation Demand Management ("TDM"). The implementation of strategies which will encourage individuals to either change their mode of travel from a single-occupancy vehicle, reduce trip length, eliminate the trip altogether, or commute at other than peak periods. Transportation Facility Development (lITFD"). Construction of major capital improvements to a highway or transit system or installation of operating equipment which includes new construction of the existing system or construction of a new system. Transportation Management Association ("THAn). A group formed so that employers, employees, and developers can collectively address community transportation-related problems. Transportation Management Associations may be formed to implement TOM, TSM, and/or TFD strategies in employment clusters or at multi-tenant worksites. The primary function of a TMA is to pool resources to implement solutions to commuter-related congestion problems in conjunction with the City Transportation Coordinators. The city may identify employment clusters or multi-tenant worksites where an employer organization such as a THA should be formed. - 11 - e e Transportation system Management ( "TSM") . strategies designed to improve traffic flow through modifications in or coordination of the operation of existing facilities. Trip Reduction. The reduction in single occupant vehicle trips by private or public sector programs used during peak periods of commuting. vanpool. A van or similar motor vehicle with a seating capacity of seven or more persons occupied by four or more employees traveling together to work. Vehicle. A passenger car or truck used for commute purposes including any motorized two wheeled vehicle. Vehicles shall not include bicycles, transit vehicles, buses serving multiple worksites, or vehicles which stop only to load or unload passengers or materials at a worksite while on route to other worksite(s). Work Place or Worksite. A building, part of a building, or grouping of buildings located within the City which are in actual physical contact or separated solely by a private or public roadway, and which are owned or operated by the same employer. Worksite Transportation Plan ("WTpn). A plan for implementation of transportation management strategies which is designed to reduce the impacts of a particular worksite on traffic and air quality. - 12 - e e Worksite Transportation Plan Appeals Board (UWTP Appeals Board"). The administrative review body for decisions of the city's Transportation Management Coordinator. The WTP Appeals Board shall consist of the Parking and Traffic Engineer, the Director of the Land Use and Transportation Management Department, and an at-large member appointed by the City Council. The Parking and Traffic Engineer and the Director of the Land Use and Transportation Management Department may designate an employee from his or her division or department as his or her representative. Worksite Transportation Plan Coordinator. An employee, tenant, property owner, property manager, contracted service, or representative of an employer association, with appropriate training as approved by the City and the South Coast Air Quality Management District, whose function is to promote TMP program acti vi ties ~ The Coordinator does not have to be on-site at all times; however, all worksite-related information must be kept at the worksite~ Worksite Transportation Plan Coordinators shall be responsible for day-to-day implementation of worksite transportation plans. Worksite Transportation Plan Coordinators shall prepare and make available rideshare information, notices, questionnaires, handouts, computer matches, transit and bicycle route maps, and shall have a permanent - 13 - e e mailing address, daytime telephone number and office. Worksite Transportation Plan Coordinators shall administer incentive programs included within worksite transportation plans, such as rideshare matching, vanpool brokerage, bus token or pass distribution, parking fees, and transportation allowances. Worksite Transportation Plan Coordinators shall participate in City-sponsored training workshops and information roundtables. SECTION 9223. Applicability. This Chapter shall apply to employers and developers as defined above. The City shall not be exempt from the requirements of this Chapter. SECTION 9224. Transportation Impact Fee. (a) Employer Annual Impact Fee. There shall be an Employer Annual Impact Fee. The purpose of the Employer Annual Impact Fee is to pay for the costs of administration and enforcement of this Chapter. The amount of the employer cost factor used to calculate the fee shall be established and from time to time amended by resolution of the city Council. (1) Employers transportation impact fee following formula: Fee = (Employee Cost Factor). shall pay an annual calculated using the (Number of Employees) x - 14 - e e For purposes of calculating an employer's annual impact fee, the definition of employee shall include those employees who report to work during the peak periods, including full-time, part-time, temporary, seasonal, at-home or in-field contractors of consultants working at a worksite for two months or more. (2) The City TMP Office shall begin notifying employers of required Employer Impact Fees in accordance with the Employer Worksite Plan Schedule in Section 9228 (a) . Employer Impact Fees shall be due and paid in full with submittal of the Employer Worksite Plan. The City shall mail notice of the payment required by this subsection at least 90 calendar days prior to the due date. (3) Once the Employer Annual Impact Fee required pursuant to this Section has been paid, there shall be no refunds. (4) Employers who demonstrate attainment of a 1.5 AVR shall receive a 40% reduction in the Employer Annual Impact Fee for the following year. Employers who demonstrate attainment of a L 5 AVR for two consecutive years shall receive a 50% reduction in the Employer Annual Impact Fee for the following year. Employers who demonstrate attainment of a 1.5 AVR for three consecutive years shall receive a 60% reduction in - 15 - e e the Employer Annual Impact Fee for the following year. (5) Employers who join a TMA certified by the city shall receive a 25% reduction in the Employer Annual Impact Fee. Each employer which demonstrates attainment of a 1.5 AVR shall receive a 40% reduction in the Employer Annual Impact Fee for the following year, and if they are a member of a certified TMA, will receive a total fee reduction of 65%. Each employer which demonstrates attainment of a 1.5 AVR for two consecutive years shall receive a 50% reduction in the Employer Annual Impact Fee for the following year and if they are a member of a certified TMA, will receive a total fee reduction of 75%. Each employer which demonstrates attainment of a 1.5 AVR for three consecutive years shall receive a 60% reduction in the Employer Annual Impact Fee for the following year, and if they are a member of a certified TMA, will receive a total fee reduction of 85%. Fees charged by the TMA to employers for its operation and administrative costs shall be separate from the City's Employer Impact Fee. (6) Employers of 100 or more employees submitting an approved Regulation XV Plan less than six months old shall be exempt from the Employer Annual Impact Fee for the first year. (b) Developer Impact Fee. The purpose of the developer impact fee is to defray the cost of - 16 - e e providing transportation facilities and services associated with new commercial development. (1) Developers who apply for building permits for new or expanded development projects in the City shall mitigate their resultant transportation by paying a one-time transportation impact fee. The amount of the fee and manner of payment shall be established and from time to time amended by resolution of the City Council. (2) Fees shall apply to developers who have not received certif icates of occupancy as of the effective date of the resolution establishing the fees. (3) Developers shall pay the required fee prior to issuance of a building permit. Developers who have already obtained building permits must pay the required fee prior to issuance of a certificate of occupancy. (4) The following land uses are encouraged by the ci ty because of their benef icial impacts and shall receive reductions from the Developer Impact Fee: supermarkets and pedestrian- oriented uses on the ground floor of a mUlti-story building. Both the Impact Fee and the reduction shall be established by resolution. (5) Refunds of the Developer Impact Fee shall be made upon the filing of a request for refund within six (6) months of expiration of a - 17 - e e building permit upon verification that construction of the improvements for which the permit was issued have not commenced and no extensions of the building permit have been granted. No interest shall be paid on any refunded fee. SECTION 9225. Deposit and Use of Fees. (a) Employer Impact Fees collected pursuant to section 9224(a) shall be deposited in an account separate from the General Fund and shall be allocated to TMP office administration and the development and operation of TMAs. (b) Developer Impact Fees collected pursuant to Section 9224(b) shall be deposited into an account separate from the General Fund and shall be allocated to the following uses: (1) Transportation demand management (TOM) improvements. (2) Transportation system management (TSM) improvements. (3) Transportation facility development (TFD). (4) Public transit improvements. SECTION 9226. Contents of Transportation Plans. Employers of 50 employees and developers shall prepare, and monitor Worksite Transportation transportation demand management Worksite or more implement, Plans for (TOM) , - 18 - e e transportation system management (TSM), and transportation facility development (TFD), which Worksite Transportation Plans shall reduce traffic and environmental impacts of their sites in the city. The Worksite Transportation Plan shall be in a form approved by the city's Transportation Management Coordinator. (a) The Worksite Transportation Plan shall include some or all of the following mitigation measures, and shall include an implementation schedule for each incentive contained therein: (1) Education and Marketin9: Hire and in-house Transportation Management participate in a TMA if available or fund an Coordinator; required. (2) Parking Management: increase employee parking fees; preferential carpool and vanpool parking. (3) Ridesharing: Conduct participate in Rideshare Matching Program; vanpools; provide carpool, vanpool, and subsidies. Charge or establish or broker buspool (4) Transit: Provide transit tokens or pass subsidies; dedicate land, if required or approved by the City, for light rail right-of-way, park-n-ride lots, transit stops, or bus bays; operate or fund shuttle bus operations; install and - 19 - e e maintain bus shelter{s), if required or approved by the city. (5) Bicycling: Provide secure bicycle storage facilities; provide showers and lockers; develop or fund city-approved bicycle paths. (6) Alternative Work Schedules: Implement 4/40 work weeks; implement 9/80 work weeks; implement other flexible work weeks as approved by the city's Transportation Management Coordinator; establish telecommuting program. (7) Trip Length Reduction: Conduct outreach in order to facilitate hiring to increase proportion of employees living within three miles radius of worksite. (8) Use of Clean Fuel Vehicles: Provide incentives to employees who commute in a clean fuel vehicle. (9) other Measures Approved by the city's Transportation Management Coordinator. (b) The Worksite Transportation Plan shall consist of a report that: (1) Calculates AVR levels for morning and afternoon peak periods. (2) Describes the plan incentives to be offered. (3) Determines the number and percentage of the project population that participates in rideshare activities, by mode, and - 20 - e e estimates these statistics for the upcoming plan year. (4) Determines the use of Code-required on-site parking facilities (i.e., number of spaces for visitors, single occupant vehicles, carpools, vanpools, etc.) and estimates use for the upcoming year. (5) Determines the use of off-site parking and estimates use for the upcoming year. ( 6) Determines the current number of transit tokens/passes sold to project employees at full or discounted prices and the estimated number to be sold in the upcoming plan year. (7) Determines the number of employees on flextime schedules or on compressed schedules and the number of employees who telecommute and estimates these numbers for the upcoming year. (8) Determines the number of employees who bicycle or walk to work and the number of bicycle racks, lockers, and shower/locker facilities on-site and estimates these statistics for the upcoming year. (9) Determines the physical condi tioD of project-related TSM capital improvements. (10) Determines the number of morning and evening peak period vehicle trips to and from the worksite, and work related trips. - 21 - e e (11) Identifies and evaluates objectives of the plan and provides an explanation of why the plan is likely to achieve the AVR target levels. (12) Names the designated person or trained Worksite Transportation Coordinator for each site who is responsible for the preparation, implementation, and monitoring of the plan. (13) Includes an employee survey which is not more than six months old, or other mechanism approved by the Parking and Traffic Engineer. This survey must be taken over five consecutive workdays (Monday through Friday). This survey must have a minimum response rate of 75% of employees who report to work between 6:00 a.m. and 10:00 a.m. inclusive Monday through Friday, and 75% of employees who report to work or leave work between 3:00 p.m. and 7:00 p.m. inclusive Monday through Friday. (14) Includes a zip code listing showing where all employees live who report to the worksite during the peak periods. (15) Lists public transit services serving the worksite, indicating the specific locations of nearby transit stops. (16) Includes a management commitment cover letter signed by the highest ranking official on site. - 22 - e e (17) Describes the general type of business and any unique aspects, such as seasonal fluctuations in the number of employees and/or any business cycles. (c) Employers must keep detailed records of all documents which verify the figures used to calculate Average Vehicle Ridership (AVR). These records shall include at a minimum: total eligible employee population, vehicle counts, monetary incentive payments, service commencement dates for vanpools, usage of company-owned fleet vehicles for ridesharing or guaranteed ride home programs, and number of employees telecommuting or working flexible work hours. Records shall be retained for at least two years. Approved trip reduction plans from prior years shall be kept for a period of at least five years from date of approval. Failure to maintain records or falsification of records will be deemed a violation of this Chapter. SECTION 9227. Employer Worksite Transportation Plans. (a) All employers of 10 or more employees shall be required to submit a Worksite Transportation Plan to the city in accordance with the procedures set forth in Section 9228. (b) Employers of 10-49 employees shall identify measures in their Worksi te Transportation - 23 - e e Plan to be made available to their employees which are expected to reduce the number of single-occupant vehicle commute trips to their worksite. At a minimum, the following information must be made available to each employee: (1) Carpoolingjvanpooling information, including information about the services provided by the regional ridesharing agency and their phone number. (2) Bus schedules and token/pass purchase information. (3) Information on air pollution and options to driving to work alone. (4) Bicycle route and facility information, including regional/local bicycle maps, locations of nearest bicycle racks or locker storage facilities, and bicycle safety information. (5) Information on walking to work, pedestrian safety and walking shoe information. (c) Employers of 50 or more employees shall identify measures in their Worksi te Transportation Plan which will result in a worksite AVR of at least 1.50 during a.m. and p.m. peak periods through measures specified in section 9226. (d) Employers of 50 or more employees shall designate a worksite Transportation Plan Coordinator for the worksite in the Worksite Transportation Plan. - 24 - e e (e) Employers at multiple worksites that are located wi thin close geographic proximity of each other and Employers at multi-tenant worksites where more than fifty (50) employees are employed in the aggregate may voluntarily form a Transportation Management Association ( tlTMA ") . The ci ty' s Transportation Management Coordinator may also require these employers to form and join a TMA, and they shall do so within ninety (90) days of notification by the city. For purposes of determining whether more than fifty (50) employees are employed at a multi-tenant worksite, employees who are employed by an employer with fewer than ten employees need not be counted. (f) Upon the City Parking and Traffic Engineer'S approval of a written request, an employer may submit a single Worksite Transportation Plan encompassing all worksites subject to the requirements of this Chapter if the worksi tes are within one-half mile of each other. (g) All employer Worksite Transportation Plans shall be consistent with any plans previously submitted by the developer of the property at which the worksite is located. - 25 - e e SECTION 9228. Procedures for Submission of Employer worksite Plans. (a) The City TMP Office shall begin sending written notice by certified mail to employers in accordance with the following schedule: February 1, 1992 and February 1 of every year thereafter Employers who employ 100 or more employees February 1, 1993 and February 1 of every year thereafter Employers who employ 50-99 or more employees February 1, 1994 and February 1 of every year thereafter Employers who employ 10-49 employees. Each employer shall submit to the City's Transportation Management Coordinator a Worksite Transportation Plan within 90 calendar days after the receipt of the notice. For employers of 100 or more employees, an approved Regulation XV Plan less than six months old may be submitted as the Worksite Transportation Plan. In the event that the employer reasonably needs more time to submit a Worksite Transportation Plan, the employer may file a written request for an extension with the city'S Transportation Management Coordinator. All requests must be received by the City TMP Office no later than 60 calendar days after notification by the city. The City'S Transportation Management Coordinator shall notify the employer whether or not the extension has been granted wi thin 15 days of - 26 - e e receipt of a written request for extension. In no event shall the submission date be extended for more than 60 days from the initial submission date. (b) After the employer submits the Worksite Transportation Plan, the City's Transportation Management Coordinator must either approve or disapprove the plan within 120 days. Notice of approval or disapproval shall be given by registered or certified mail. If the Worksite Transportation Plan is disapproved, the reasons for disapproval shall be given in writing to the employer. Any plan disapproved by the City'S Transportation Management Coordinator must be revised by the employer and resubmitted to the City's Transportation Management Coordinator within 30 days of the notice of disapproval. (c) An approved employer plan may be revised by submitting a plan revision. The revision shall not be effective until approved by the City's Transportation Management Coordinator. Cd) No employer of 100 or more employees shall be responsible for complying with this Chapter until such time as the City and South Coast Air Quality Management District execute an agreement which provides an exemption to those employers from the requirements of filing a Regulation XV plan with the South Coast Air Quality Management District. If at any time the city fails to meet its obligations - 27 - e e under the executed agreement, employers of 100 or more employees in the City shall be released from this Chapter and shall be subject to compliance with South Coast Air Quality Management District Regulation XV requirements. However, this exemption does not relieve employers from their obligation under South Coast Air Quality Management District Regulation VII. (e) It is the responsibility of all employers of 100 or more employees to submit to the City their Worksi te Transportation Plan by February 1, 1993, even if they do not receive a notice from the city, unless they have been notified by the City to do so at an earlier date. (f) It is the responsibility of all employers of 50-99 employees to submit to the City their Worksite Transportation Plan by February 1, 1994, even if they do not receive a notice from the city, unless they have been notified by the City to do so at an earlier date. (g) It is the responsibility of all employers of 10-49 employees to submit to the city their Worksite Transportation Plan by February 1, 1995, even if they do not receive a notice from the city, unless they have been notified by the City to do so at an earlier date. (h) It is the responsibility of all employers subject to this Ordinance to submit an updated - 28 - e e Worksite Transportation Plan to the City annually on the anni versary date of the most recent Worksi te Transportation Plan approval by the city. SECTION 9229. TransportatioD Management AssociatioDs (THA's). (a) Transportation Management Associations are groups formed so that employers, employees, developers, and building owners can collectively address community and worksite transportation- related problems. Transportation Management Associations may be formed to implement TDM, TSM and/or TFD strategies in employment clusters or at multi-tenant worksites. The primary function of a TMA is to pool resources to implement solutions to commuter-related congestion problems in conjunction with the City Transportation Coordinators. (b) The City will certify TMA's that submit a first year work plan which outlines the following: (1) A mission statement which describes the reasons for the association's existence and the overriding goals of the TMA. (2) Goals and objectives for the first year which target achievement of the mission statement. Specific activities and tasks shall be listed to show how the members will be served by the TMA and how the TMA will help meet the area and regional transportation and air quality goals. - 29 - e e (3) A plan for a baseline survey of commuters and employers in the area to establish existing commuter characteristics and attitudes of commuters toward traffic and the use of commute alternatives. The employer survey shall obtain a descriptive profile of existing programs and employer attitudes toward developing new programs. (4) The services to be provided by the TMA to its members, including the commute alternatives to be provided and promoted, the advocacy and marketing activities planned, and the role of the TMA staff in providing the services. (5) A marketing plan which creates an identity for the TMA and which describes how the TMA's planned services will be marketed to member employers and their employees. (6) A moni taring and evaluation plan which will be used to measure progress against goals and objectives, including results of the TMA's activities with each member. This plan will be used to provide annual reporting information to the city. (7) A budget which details how the work of the TMA will be accomplished, including details of public and private financing and expenditures. (c) The TMA must provide an annual report to the city to become re-certified yearly. The annual report shall include the same elements as the first year plan with the following exceptions: - 30 - . . (1) The mission statement shall be and restated based on changes in the goals objectives of the TMA, if any. (2) The goals and objectives shall be updated to reflect progress and changes in the TMA services. (3) The baseline survey need not be repeated, however, the annual report shall include follow-up monitoring and evaluation activities related to the baseline survey. (4) The evaluation and results shall be discussed and used to describe the next year's planned activities. SECTION 9230. Developer Worksite Transportation Plans. Developers of non-residential projects which will result in ten (10) or more peak period trips once the development is completed shall submit a Worksite Transportation Plan to the City for implementation of selected measures from section 9226 at their development site in accordance with the procedures set forth in section 9231. SECTION 9231. Procedure for Submission of Developer Plans. (a) Developers of non-residential projects which will generate 10 or more p.m. peak period trips who apply for building permits for new or expanded development projects in the city shall be - 31 - e e required to submit a Worksite Transportation Plan meeting the requirements of this Chapter at the time of application for the project's first planning approval. The city's Transportation Management Coordinator shall approve or disapprove the plan within thirty (30) days of project approval by the Planning Division or the City council, when a Planning Division approval is appealed. Notice of approval or disapproval shall be given by registered or certified mail. If the plan is disapproved, the reasons for disapproval shall be given in writing to the developer. Any plan disapproved by the City'S Transportation Management Coordinator must be revised by the developer and resubmitted to the City's Transportation Management Coordinator within 30 days of the notice of disapproval. (b) Developer Worksite Transportation Plans shall include those items listed in Section 9226 which relate to facility improvements that the developers may implement. Examples of developer plan elements include preferential parking areas, bicycle storage lockers, showers and lockers, and transit bays. (c) An approved worksite transportation plan shall be required prior to issuance of a building permit. (d) Developers shall not be required to update approved transportation management plans. - 32 - e e However, compliance with such plans shall be accomplished by the requirement set forth in Section 9227 that employer worksite plans be consistent with developer plans for the worksite, unless the Transportation Management Coordinator approves alternative plan components. (e) A developer may amend a Worksite Transportation Plan subsequent to approval of such plan by submitting a plan revision. A subsequent owner may amend a plan in the same manner. The amended plan shall not be effective until approved by the City'S Transportation Management Coordinator. SECTION 9232. Transportation Kitiqation Jlonitorinq. (a) Annual Report and Plan Update. Ongoing monitoring of an approved Worksite Transportation Plan shall be conducted by the employer using standardized forms approved by the City in order to monitor progress in achieving transportation mitigation goals. An annual report shall be submitted twelve (12) months from the date of the initial plan approval date. The City shall notify the employer of the submittal deadlines for the review and update. The annual report shall focus on ridesharing and trip-reduction incentives offered by the employer. The review and update shall consist of a report that: - 33 - e e (1) Calculates AVR levels attained under the approved plan. (2) Verifies that the plan incentives have been offered. (3) Determines the number and percentage of the project population that participated in rideshare activities, by mode, since the last reporting date. (4) Determines the use of COde-required on-s i te parking facilities (i. e., number of spaces for visitors, single occupant vehicles, carpools, vanpools, etc.) and the progress made since the last reporting date. (5) Determines the use of off-site parking to achieve rideshare and transit objectives since the last reporting date. (6) Determines the number of transi t tOkens/passes sold to project employees at full or discounted prices since the last reporting date. (7) Determines the number of employees on flextime schedules or on compressed schedules and the number of employees who telecommute. (8) Determines the number bicyclists and the number of bicycle racks lockers installed since the last reporting date. (9) Determines the physical condition of project-related TSM capital improvements. of and - 34 - e e (10) Determines morning and evening peak period vehicle trips to and from site. (11) Identifies and evaluates objectives of the plan that did or did not work and provides an explanation of why the revised plan is likely to achieve the AVR target levels, listing additional incentives which can reasonably be expected to correct deficiencies. (12) Provides the name of the designated person or trained Worksite Transportation Coordinator at each site responsible for the preparation, implementation, and monitoring of the plan. (13) Includes an employee survey which is not more than six months old, or other mechanism approved by the Parking and Traffic Engineer. For employers with 100 or more employees, the survey must conform with South Coast Air Quality Management District employee survey requirements. This survey must be taken over five consecutive workdays (Monday through Friday). This survey must have a minimum response rate of 75% of employees who report to work between 6:00 a.m. and 10:00 a.m. inclusive Monday through Friday, and 75% of employees who report to work or leave work between 3:00 p.m. and 7:00 p.m. inclusive Monday through Friday. - 35 - e e (14) Provides a zip code listing showing where all employees live who report to the worksite during the peak periods. (15) Lists public transit services serving the worksite, indicating the specific locations of nearby transit stops. (16) Includes a management commitment cover letter signed by the highest ranking official on site. (17) Provides a description of the general type of business and any unique aspects, such as seasonal fluctuations in the number of employees and/or any business cycles. (18) Includes updates and revisions to the Worksite Transportation Plan as the City'S Transportation Management Coordinator deems appropriate, if the annual report indicates that the goals of the previously approved Worksite Transportation Plan have not been met. (b) City Audit. The City shall perform follow-up audits on a selective basis. Employers shall receive at least ten (10) days notice of such an audit. An audit may include, but shall not be limited to, an on-site inspection and a demonstration that an employer is performing the ongoing monitoring required by this section. (c) Compliance Inspection. Any employer subject to this Chapter is subject to an unannounced - 36 - e e compliance inspection. access to records implementation, and plan. This inspection will require that demonstrate marketing, monitoring of an employer's SECTION 9233. Enforcement. (a) Violations of This Chapter. (1) No business license shall be renewed if an employer has not paid the fee required by this Chapter. (2) Failure to submit an initial plan when due, annual report and plan update when due, or mandatory plan revisions when due, or failure to implement provisions of an approved plan as set forth in the plan implementation schedule, is a violation of this Chapter. Additionally, upon receipt of a second disapproval notice and until such time as a revised plan is approved by the City, the developer or employer shall be deemed in violation of this Chapter. (3) Each day that a developer or employer violates the provisions of this Chapter or the terms and conditions of any approved worksi te transportation plan shall constitute a separate violation. (4) No person shall interfere with or refuse to grant access to any records required by this Chapter during any compliance inspection. - 37 - e e (b) Enforcement Actions. In addition to any other remedy provided for by law, the City, or the South Coast Air Quality Management District when appropriate, may take the following actions for violation of this Chapter or of the terms and conditions of any approved Worksite Transportation Plan: (1) Require the addi tion of elements to a work or development site plan submitted by an employer or developer. (2) Transfer authority for plan implementation from an employer or developer to the city. (3) Institute proceedings to revoke any approval of a worksite transportation plan. (4) Revoke the business license held by any violator, following the procedures set forth in Section 9150.6 of the Municipal Code. (5) Impose an enforcement fee as provided for in Section 9233(c). (6) Request that the City Attorney take appropriate enforcement action. Referral by the City'S Transportation Management Coordinator is not a condition precedent to any enforcement action by the City Attorney. (7) Notwi thstanding any other provisions of this Chapter regarding penalties or fees for enforcement actions or for violations, for - 38 - e e violators with 100 or more employees, the City, in addi tion to any other remedies under this Chapter, shall refer the matter to the South Coast Air Quality Management District for appropriate action under Article 3, Chapter 4, Part 4 of Division 26 of the Health and Safety Code. (c) Enforcement Fees. (1) An enforcement fee shall be paid to the City by each person who has violated the provisions of this Chapter or the terms and conditions of any Worksite Transportation Plan. The purpose of this fee is to recover the costs of enforcement from any person who violates the provisions of this Chapter or any permit or approval. (2) Fees shall be assessed as follows: (a) For the first violation during a calendar year, there shall be no fee. The City's Transportation Management Coordinator shall, however, cause a warning notice to be mailed to the violator. (b) For the second violation during the calendar year, the fee shall be Five Dollars ($5.00) per employee per day. (3) The City's Transportation Management Coordinator shall cause to be issued a notice imposing enforcement fees under this Section. ~ The notice shall provide that the fee shall be due - 39 - It e and payable within fifteen (15) days from the date of the notice. A penalty of ten percent (10%) per month shall be added to any fees that have not been paid when due. ( 4) Any person upon whom fees have been imposed pursuant to this Section may appeal the action in accordance with the following procedure: (a) A notice of appeal shall be filed with the City's Transportation Management coordinator within ten (10) days of the date of the notice. (b) At the time of filing the notice of appeal, the appellant shall deposit with the City Treasurer money in the amount of all fees due. If, as a result of the hearing, it is determined that the city is not entitled to all or a portion of the money, the City shall refund to the person all or a portion of the money deposited. (c) The Worksi te Transportation Plan Appeals Board (tlWTP Appeals Boardtl) shall hold a hearing on the appeal within forty-five (45) days of the date of filing of the appeal. The City shall give the appellant at least five (5) days notice of the time and place of the hearing. The WTP Appeals Board shall render a decision within fifteen (15) days of the date of the hearing. The purpose of the hearing shall be limited to whether or not the violation occurred. - 40 - e e (d) The WTP Appeals Board shall uphold an appeal of an enforcement fee under this Section in only one of the following circumstances: 1. An error has been made in calculating the enforcement fee. 2. The person is found not to have been violating the provisions of this Chapter or the terms and conditions of the Worksite Transportation Plan. (e) The decision of the WTP Appeals Board shall be final except for judicial review and there shall be no appeal to the City council. (f) Any notice issued pursuant to this Section shall set forth the appeal rights as provided for in this subsection. (g) Any notice of revocation issued pursuant to this Section shall be final upon the expiration of the appeal period if no appeal is timely filed or upon the decision of the WTP Appeals Board. SECTION 9234. Administrative Appeals. (a) Disapproval of a Worksite Transportation Plan by the City's Transportation Management Coordinator, including a revision of such a plan, may be appealed to the Worksite Transportation Plan Appeals Board. - 41 - e e (b) An appeal of an action by the City's Transportation Management Coordinator shall De filed with the city's Parking and Traffic Division within ten (10 ) consecutive calendar days following the date of action from which an appeal is taken. If no appeal is timely filed, the action by the City's Transportation Management Coordinator shall be final. (c) A hearing on an appeal shall be scheduled within sixty (60) days of the date of filing of an appeal. Notice of an appeal hearing shall be mailed to the appellant not less than ten (10) consecutive calendar days prior to the hearing scheduled before the Worksite Transportation Appeals Board. (d) A written decision on an appeal shall be issued thirty (30) days from the date of hearing. (e) An action of the City's Transportation Management Coordinator that is appealed to the Worksite Transportation Plan Appeals Board shall not become effective unless and until approved by the Worksite Transportation Appeals Board. (f) A decision of the WTP Appeals Board on a Worksite Transportation Plan shall be final except for judicial review and there shall be no appeal to the city Council. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of - 42 - e e this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~ "'-. "-. ROBERT M. MYERS City Attorney e-- - 43 - e e Adopted and approved this 12th day of November, 1991. ,0 ~~/G, ]1- Mayor I hereby certify that the foregoing Ordinance No. 1604(CCS) was duly and regularly introduced at a meeting of the City Council on the 29th day of october 1991; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 12th day of November 1991 by the following council vote: Ayes: Councilmembers: Genser, Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Abdo Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: - f~;A#.? Jl~ ~Cil:.Y Clerk /