Ordinance No. 864ORDINANCE NO. 864
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING A TRIP REDUCTION ORDINANCE AS PART OF A
TRANSPORTATION DEMAND MANAGEMENT - CONGESTION MANAGEMENT PROGRAM,
AND ADDING SECTIONS 16 -100 TO 16 -109 TO THE CODE OF THE CITY OF
CYPRESS
THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, does
hereby ordain as follows:
SECTION 1. Chapter 16 of the Code of the City of Cypress
is hereby amended by adding a new Article XVII, Sections 16 -100
to 16 -109, thereto to read as follows:
"ARTICLE XVII. CYPRESS TRANSPORTATION DEMAND MANAGEMENT
REQUIREMENTS FOR SPECIFIED NEW DEVELOPMENT
PROJECTS
Sec. 16 -100. Findings and Determinations.
A. State law establishing requirements for development of
a County -wide Congestion Management Program (AB 1791)
mandates the inclusion of a Trip Reduction and Travel
Demand Element /Ordinance; and,
B. Proposition 111 was approved in June 1990 which caused
AB 1791 to become effective and made available
financial support through receipt of gas tax
subventions; and,
C. Measure M was approved by Orange County voters in
November 1990 which requires adoption of an ordinance
which reduces single occupancy vehicle trips and also
makes available additional sales tax revenues to help
alleviate existing and future traffic congestion; and,
D. Other Transportation Demand Management (TDM) program
requirements have been adopted for the region including
Regulation XV and Appendix IV -G Control Measures of the
Air Quality Management Plan (AQMP); and,
E. Generally, increased traffic congestion contributes to
significant deterioration in air quality; increases
the inefficient use of energy resources; and adversely
impacts public and private sector economics due to
reduced productivity of the work force; and,
F. Various efforts underway, including the Congestion
Management Program (CMP), recognize and encourage the
use of Transportation Demand Management (TDM)
strategies to increase mobility and improve the general
efficiency of the transportation system by enhancing
vehicle flow and shifting demand on existing
transportation facilities; and,
G. Implementation of TDM strategies at the local
government level would provide significant public
benefits by improving air quality; enhancing the
effectiveness of the existing transportation system;
and reducing energy requirements; and,
H. Coordinated TDM efforts among all local jurisdictions
in the County can contribute to air quality
improvements; energy conservation, and decreases in
the levels of noise and traffic congestion; and,
I. New development projects should be required to provide
facilities to encourage transportation alternatives
such as ridesharing, transit and bicycling.
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Sec. 16 -101. Purposes.
A. PURPOSES. In recognition of these findings and
determinations, the City of Cypress does hereby
establish Transportation Demand Management Requirements
for Specified New Development Projects for the
following purpose:
1. To meet the requirements of AB 1791, Government
Section 65089 (b)(3), which requires development
of a trip reduction and travel demand element to
the CMP, and Government Section 65089.3(b), which
requires adoption and implementation of Trip
Reduction and Travel Demand Ordinance.
Sec. 16 -102. Goals and Objectives.
A. GOAL: The goal of the Transportation Demand
Management Program is to minimize the potential impact
of new commercial, industrial, and mixed -use
development including employment centers of one hundred
(100) persons upon existing transportation and parking
facilities, resulting in increased motor vehicle
emissions, deteriorating levels of service, and
possibly significant additional capital expenditures to
augment and improve the existing transportation system.
B. OBJECTIVES: The specific objectives of the
transportation demand management program are:
1. To more efficiently utilize the existing and
planned transportation system and to reduce
vehicle emissions;
2. To reduce the number of peak - period vehicle trips
generated in association with additional
development;
3. To promote and encourage the use of alternative
transportation modes such as ridesharing,
carpools, vanpools, public bus and rail transit,
bicycles and walking, as well as those facilities
that support such modes;
4. To achieve related reductions in vehicle trips,
traffic congestion, and public expenditure and
achieve air quality improvements through
utilization of existing local mechanisms and
procedures for project review and permit
processing;
5. To promote coordinated implementation of
strategies on a County -wide basis to reduce
transportation demand;
6. To achieve the most efficient use of local
resources through coordinated and consistent
regional and /or local TDM programs.
Sec. 16 -103. Definitions.
Unless the context shall require otherwise, the definitions
set forth in this section shall apply to the following terms
as used in this Article:
A. "Alternative Transportation Modes' shall mean any mode
of travel that serves as an alternative to the single
occupant vehicle. This can include all forms of
ridesharing such as carpooling or vanpooling, as well
as public transit, bicycling, or walking.
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B. "Applicable Development" shall mean any new development
project that is determined to meet or exceed the
employment threshold using the employee generation
criteria contained in this Article.
C. "Carpool' shall mean a motor vehicle occupied by two
(2) to six (6) employees traveling together.
D. 'Building Size" shall mean the total gross floor area
measured in square feet of a building or group of
buildings at a worksite. Building size includes the
total floor area of both new development and existing
facilities.
E. 'Employee' means any person employed by a firm,
person(s), business, educational institution, non-
profit agency or corporation, government agency or
other entity which employs one hundred (100) or more
persons at a single worksite. "Employee" shall include
persons employed on a full -time, part -time, or
temporary basis, this definition shall exclude any
independent contractors.
F. 'Employment Generation Factors' shall mean factors
developed for use by the City for projecting the
potential employment of any proposed development
project.
G. 'Employer' means any person(s), firm, business,
educational institution, government agency, non - profit
agency or corporation, or other entity which employs
one hundred (100) or more persons at a single worksite
on a full and /or part- time /temporary basis excluding
independent contractors, and may either be a property
owner or tenant of an applicable development project.
H. 'Facility(s)' means the total of all buildings,
structures and grounds that encompass a worksite, at
either single or multiple locations, that comprises or
is associated with an applicable development project.
I. 'Level of Service (LOS)" means a measure of the
operational quality of a road or intersection ranging
from LOS A (Best) to LOS F (Worst) .
J. "Mixed -Use Development' means new development projects
that combine any one of these land uses with another:
residential, office, commercial, light industrial, and
business park.
K. 'New Development Project' means any non - residential
project being processed where some level of
discretionary action by a decision - making body is
required.
L. 'Peak- Period' means those hours of the business day
between 6:00 a.m. and 10:00 a.m., Monday through
Friday. A peak period shall mean an employee's commute
trip to or from a work place when the employee's work
day begins and /or ends within the peak period.
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M. 'Property Owner' shall mean the legal owner of the
applicable development project who serves as the lessor
to an employer or tenant.
N. 'Single - Occupant Vehicle' shall mean a motor vehicle
including motorcyles and other two - wheeled, motorized
vehicles, when occupied by one (1) employee for commute
purposes.
O. 'Tenant' shall mean the lessee of facility space at an
applicable development project who also serves as an
employer.
P. 'Transportation Demand Management (TDM)' shall mean the
implementation of programs, plans or policies designed
to encourage changes in individual travel behavior.
TOM can include an emphasis on alternative travel modes
to the single occupant vehicle (SOV) such as carpools,
vanpools, bicycling, walking, and transit; reduction
or elimination of the number of vehicle trips, or
shifts in the time of vehicle commutes to other than
the peak - period.
Q. 'Trip Reduction' shall mean reducing the number of work
related trips taken between 6:00 a.m. and 10:00 a.m.
inclusive Monday through Friday in single- occupancy
vehicles.
R. 'Worksite' shall mean a building or group of buildings
which are under common ownership and the place of
employment, base of operation, or predominate location
of an employee or group of employees.
S. 'Van pool' shall mean a vehicle occupied by seven (7)
or more persons traveling together.
Section 16 -104. Applicability.
A. All new development projects, commercial, industrial,
institutional, or other uses which are determined to
employ one hundred (100) or more persons including any
permit for expanding or changing the use of existing
facilities that already have one hundred (100) or more
employees or will have one hundred (100) or more
employees as determined by the employee generation
factors specified under this section shall be subject
to this section.
B. Employee generation factors shall be based on one of
the following:
1. Employment projections developed by the project
applicant, subject to approval by the City of
Cypress; or,
2. Building sizes shall be considered equivalent to
the one hundred (100) employee threshold as
follows:
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Type of Use Gross Sq. Feet /Employee
Commercial
- Regional 500
- Community 500
- Neighborhood 500
- Office /Professional 250
- Industrial (excluding Warehouses) 525
- Warehouse 1000
- Hotel 0.8 - 1.2 /room
The employment projection for a development of mixed or
multiple uses shall be calculated on a case by case
basis based upon the proportion of development devoted
to each type of use.
Section 16 -105. Facility Standards.
All applicable developments shall be subject to the Facility
Standards as specified in this Section and shall include in
the project Site Development Plans a provision to provide
each of the improvements identified in either Option 'A' or
Option 'B" below.
A. OPTION 'A' MANDATORY FACILITY IMPROVEMENTS
1. Preferential Parking for Carpool Vehicles
a. At least fifteen percent (15 %) of the employee parking
spaces shall be reserved and designated for carpool
vehicles by marking such spaces 'Carpool Only'.
b. Carpool spaces shall be used only by carpool vehicles
in which at least two (2) of the persons will be
employees or tenants of the proposed project, or where
a Reciprocal Preferential Carpool Parking Agreement
with other developments has been established.
c. Such carpool spaces shall be located near the
building's employee entrance(s) or at other
preferential locations within the employee parking
areas as approved by the City Manager or designee.
d. The total number of employee parking spaces shall be
determined by using the following factors by type of
use as specified in the City Building Code:
Type of Use Percent of Total Parking
Devoted to Employee Parking
Commercial
- Regional
- Community
- Neighborhood
- Office /Professional
- Industrial
- Hotel
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30%
85%
90%
Case by Case
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2. Bicycle Parking and Shower Facilities
a. Bicycle parking and locker facilities shall be provided
in a secure location for use by employees or tenants
who commute to the site by bicycle. The number of
facilities /racks to be provided shall be at the rate of
at least five (5) racks for every one hundred (100)
employees or fraction thereof.
b. Shower and locker room facility for employees of each
sex shall be provided in each building housing one
hundred (100) or more employees. Shower and locker
room facilities shall be located in a common accessible
location for integrated developments as approved by the
Design Review Committee.
3. Information on Transportation Alternatives
a. A commuter information area shall be provided that
offers employees appropriate information on available
transportation alternatives to the single - occupancy
vehicle. This area shall be centrally located and
accessible to all employees or tenants.
b. Information in the area shall include, but not be
limited to, the following:
1. Current maps, routes, and schedules for public
transit;
2. Ridesharing match lists;
3. Available employee incentives;
4. Ridesharing promotional material supplied by
commuter - oriented organizations.
4. Rideshare Vehicle Loading Areas
a. The need for, design, and location of passenger loading
areas to embark and disembark passengers from rideshare
vehicles shall be reviewed by the Design Review
Committee.
b. Passenger loading areas shall be of a size large enough
to accommodate the demands generated by the development
as determined by the Design Review Committee.
c. The passenger loading areas shall be located as close
as possible to the building's employee entrance(s), and
should be designed in a manner that does not impede
vehicular circulation in the parking area.
5. Vanpool Vehicle Accessibility
a. The design of all parking facilities shall incorporate
provisions for access and parking of vanpool vehicles
where such mode of alternative transportation is
possible as determined by the Design Review Committee.
b. Where applicable, vanpool vehicle accessibility shall
include a minimum seven feet, two inch (7'2 ") vertical
clearance for those parking spaces and ramps to be used
by such vehicles.
c. Vanpool parking spaces shall be located near the
building's employee entrance(s) or other preferential
locations as approved by the Design Review Committee.
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d. The number of accessible vanpool parking spaces shall
be at the rate of at least two (2) spaces per every one
hundred (100) of the total required employee parking
spaces as determined in Section 16 -105 A.1 above.
6. Bus Stop Improvements
a. Bus Stop improvements including bus pullouts, bus pads,
and right -of -way for bus shelters shall be required for
all applicable developments located along high traffic
volume streets and established bus routes.
b. Bus stop improvements shall be determined in
conformance with standard traffic engineering
principles including, but not limited to, the
following:
1. The frequency and relative impact of blocked
traffic due to stopped buses;
2. The level of transit ridership at the location.
B. OPTION 'B' DISCRETIONARY FACILITY IMPROVEMENTS:
Proponents of a new development, building expansion or
change in use which meets the criteria of this Article may
propose alternative measures or variables of the mandatory
standards of Option 'A' to be approved by the City Council.
Such alternatives must meet the intent of this Article and
provide an equal or similar result to Option 'A' when
implemented.
Sec. 16 -106. Ordinance Implementation and Monitoring.
For purposes of determining whether applicable developments
are complying with the provisions of this Article, City
shall monitor such compliance in a manner it deems
appropriate and reasonable.
A. Site Development Plan Review
1. To verify compliance with the Facility Standards
required under Section 16 -105, the City will
utilize procedures for Site Development Plan
review and periodic field /site inspections, as
appropriate.
2. All facility standards required by this section
shall be completed prior to issuance of building
occupancy permits.
3. The Facility Standards under Section 16 -105 shall
include provisions to guarantee perpetual
compliance regardless of changes in
property /ownership through recorded Conditions,
Covenants and Restrictions, or by other means as
approved by the City Council or the Design Review
Committee as appropriate.
Sec. 16 -107. Property Owner Responsibility
The property owner shall be responsible for complying with
the provisions of this Article, either directly or by
delegating such responsibility to an employer or tenant.
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Sec. 16 -108. Enforcement.
For purposes of ensuring that applicable developments comply
with the provisions of the Facility Standards of Section 16-
105 the City, following written notice to the subject
property owner or designee (employer), initiate enforcement
actions which may include, but not be limited to, the
following:
A. Withholding issuance of Building Permit; or,
Certificate of Use and Occupancy;
B. Issuance of Stop Work Order.
Sec. 16 -109. Fees.
For purpose of meeting its obligations under this Article,
and to reasonably recover direct cost for review of required
documents, the City shall impose the following fees:
A. A Trip Reduction /TDM Strategy Plan with mandatory
standards of Option 'A' of the Facility Standards
of Section 16 -105 review fee of fifty dollars
($50.00) at the time of initial project
application; or,
B. A Trip Reduction /TDM Strategy Plan with variable
standards /alternative measures of Option 'B' of
the Facility Standards of Section 16 -105 review
fee of one hundred and sixty dollars ($160.00) at
the time of initial project application."
SECTION 2. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance 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 Ordinance.
The City Council hereby declares that it would have adopted this
Ordinance, and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences,
clauses, phrases or portions thereof be declared invalid or
unconstitutional.
FIRST READ at a regular meeting of the City Council of the
City of Cypress held on the 8th day of April , 1991,
and finally adopted and ordered posted at a regular meeting of
said Council held on the _ 22nd day of April 1991.
MAYOR OF THE CITY OF CYPRESS
CITY CLERG 0 T'' CI Y OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a
regular meeting of the said City Council held on the 22nd day
of April , 1991, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Kerry, Nicholson, Partin
NOES: 0 COUNCIL MEMBERS: None and Bowman
ABSENT: 0 COUNCIL MEMBERS: None
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CITY CLERK OF THE CITY/OF CYPRESS
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