ORDINANCE
NO. 726
AN
ORDINANCE OF THE COUNTY OF RIVERSIDE ESTABLISHING
TRANSPORTATION
DEMAND MANAGEMENT REQUIREMENTS
FOR
NEW DEVELOPMENT PROJECTS
The Board of Supervisors of
the County of Riverside Ordains as Follows:
Section 1. PURPOSE AND
INTENT.
This ordinance is intended
to meet the requirements of the Riverside County Congestion Management Program
and the Air Quality Management Plan as well as to promote consideration of
transportation demand management objectives early in the development review
process. Often, conventional land development promotes reliance on the single
occupancy vehicle. This ordinance establishes policies and procedures to
encourage and promote the use of alternative transportation modes through
project design and facility planning.
A more efficient
transportation system is beneficial to the health, safety and welfare of
residents and businesses within Riverside County. New development should
therefore be encouraged to incorporate transportation demand management
measures into project design and operations. By accomplishing this goal on a
voluntary basis, regulatory measures may not need to be developed thereby
minimizing or eliminating associated costs. However, Riverside County is
currently working with the Western Riverside Council of Governments to develop
Detailed Implementation Strategies for congestion management and air quality
and to identify and define impacted areas within western Riverside County where
said strategies should be enforced. Should the Detailed Implementation
Strategies be approved and adopted by the Board of Supervisors, this ordinance
may be amended so as to identify some elements of said strategies as mandatory.
New residential,
commercial, industrial, and mixed-use development may adversely impact existing
transportation and parking facilities, thereby resulting in increased motor
vehicle emissions, deteriorating levels of service, and creating the need for
significant additional capital expenditures to augment and improve the existing
transportation system. In order to more efficiently utilize the existing and
planned transportation system and to reduce vehicle emissions, it is the intent
of this ordinance to:
a. Reduce
vehicle trips generated by new development by 12 percent commencing in 1994, by
20 percent commencing in 2000, and by 30 percent commencing in 2006.
b. Reduce
overall projected 1994 vehicle trips emanating from the County of Riverside by
7 percent.
c. Relieve
traffic congestion in an effort to improve air quality.
d. Produce
an efficient transportation demand management system which utilizes the
existing system to its best potential.
e. Maintain
or achieve minimum Level-Of-Service "C" for all new development
projects.
Section 2. FINDINGS.
a. Riverside
County is committed to protecting the health, safety, and welfare of its
residents.
b. Poor
air quality and traffic congestion are detrimental to the public health,
safety, and welfare.
c. Vehicle
emissions emanating from vehicle trips contribute significantly to poor air
quality in Riverside County.
d. The
Air Quality Element of the Riverside County Comprehensive General Plan requires
the County to significantly reduce vehicle trips and vehicle miles traveled to
improve air quality.
e. The
Air Quality Management Plan adopted by the South Coast Air Quality Management
District and the Southern California Association of Governments requires
counties and cities within the boundaries of the South Coast Air Basin to
significantly reduce vehicle trips and vehicle miles traveled to improve air
quality.
f. Riverside
County is required by Government Code Section 65089.3 to adopt and implement a
transportation demand management ordinance.
g. The
provisions of this ordinance are not intended to conflict with the requirements
of South Coast Air Quality Management District Regulation XV, implementation of
which is the responsibility of the District and individual employers.
Section 3.
APPLICABILITY.
This ordinance shall apply
to any new development project interested in reducing its required
transportation improvement costs or improving its transportation viability and
efficiency in areas of the County experiencing poor air quality and traffic
congestion problems as determined by the Transportation Director. However, the
road improvement reduction options cannot be applied to planned improvements or
portions of planned improvements which derive funding from regional
transportation mitigation programs such as the Transportation Uniform
Mitigation Fee program, funded road segments, Road and Bridge Benefit Districts
and other special districts.
Section 4. REQUIREMENTS.
In order to comply with the
provisions of this ordinance, a Traffic Impact Analysis prepared in accordance
with the criteria set forth in the Traffic Impact Study Report Guidelines
established by the Transportation Department must be submitted and approved by
the Transportation Director. Said guidelines are hereby incorporated by
reference. The Traffic Impact Analysis must include a Transportation Demand
Management Plan describing the proposed trip level and outlining proposed
transportation demand management measures for the project to achieve the trip
level proposed. At a minimum, a proposed trip level shall be equal to or
greater than 12 percent of the vehicle trips which would normally be generated
by the project commencing in 1994, 20 percent of the vehicle trips which would
normally be generated by the project commencing in 2000, and 30 percent of the
vehicle trips which would normally be generated by the project commencing in
2006. It is assumed that every project is unique and solutions to solve
congestion management and air quality problems will also be unique to that
situation. However, the Transportation Demand Management Plan must ensure that
the proposed transportation demand management measures will be implemented and
vehicle trips will be reduced to the level proposed.
Section 5. POTENTIAL
TRANSPORTATION DEMAND MANAGEMENT MEASURES.
Every development project
is unique. Consequently, proposed transportation demand management measures
must be appropriate for the proposed project's size, land use, location, and
existing transportation facilities. Potential transportation demand management
measures which may be considered for inclusion in the Transportation Demand
Management Plan are:
A. Project Design/Facility Improvements.
1 Preferential
parking spaces for carpool vehicles.
2. Bicycle
parking spaces.
3. Lockers
and shower facilities.
4. Rideshare
vehicle loading areas.
5. Vanpool
vehicle accessibility and loading areas.
6. Bus
stop improvements.
7. Local
road improvements.
8. Off-site
telecommuting facilities.
9.
Pedestrian and bikeway circulation system
connections and of-site extensions which encourage pedestrian and bike usage.
10. Site
design which promotes pedestrian interconnection between residential
neighborhoods and commercial land uses, parks, and schools such as sidewalks
through cul-de-sacs, wall breaks, and parking lot pedestrian routes.
11. On-site
amenities such as cafeterias and restaurants, automated teller machines, and
other services that would eliminate the need for additional trips.
12. Information
centers which provide information regarding alternative transportation modes.
13. Site
dedications to be utilized for future transportation demand management
facilities such as park-and-ride lots and multi-modal transportation centers.
14. Pedestrian
oriented development, transit oriented development, and other non-traditional
site designs.
15. Transit
and busway improvements.
16. Others
as may be approved by the Transportation Director.
B. Operational Programs.
1. Carpooling
and vanpooling.
2. Alternative
work schedules.
3. Parking
management.
4. Telecommuting.
5. Transit
ridership incentives.
6. Others
as may be approved by the Transportation Director.
This list is not inclusive
of every measure which may be included in the Transportation Demand Management
Plan and any appropriate facility design, strategy or program which reduces the
number of trips generated may be considered.
Section 6.
IMPLEMENTATION
. In order to ensure that transportation demand management
measures are implemented and that trip levels are achieved, the developer will
be required to enter into an agreement with the County. When the Transportation
Demand Management Plan solely incorporates transportation demand management
measures relating to project design/facility improvements, said agreement shall
include the following provisions:
a. The developer shall be required to provide a cash deposit
equaling sixty percent (60%) of the cost of the transportation facilities that
will not be built due to implementation of the transportation demand management
measures. The remaining forty percent (40%) of the cost of the transportation
facilities that will not be built shall be bonded for by the developer for in
five year increments by the developer for a total period not to exceed twenty
years. Prior to the end of every five year increment, the cost of the
transportation facilities that will not be built due to implementation of the
transportation demand management measures shall be reassessed by the
Transportation Director. If the cost of the transportation facilities that will
be not built has increased, the amount of the new bond shall be increased
accordingly.
b. The necessary right of way for full build out of
transportation facilities shall be preserved in order to construct the
facilities to achieve the required Level-Of-Service should the transportation
demand management measures fail or be abandoned.
c. If
the transportation demand management measures fail or are abandoned, the County
may to the extent funds are available construct the necessary transportation
facilities using the cash deposit and bond revenues available in order to
achieve the required Level-Of-Service.
d. The cash deposit shall be held in a trust account for twenty
(20) years. The interest from the account shall be used for monitoring
implementation of the Transportation Demand Management Plan, an annual
independent financial audit, and for transportation system and operational
enhancements. If at the end of twenty (20) years, the transportation demand
management measures are successful in achieving the required Level-Of-Service,
the County shall refund the deposit to the original developer and release the bond.
e. If
the transportation facility that was not built due to implementation of the
transportation demand management measures is subsequently built by another
developer, the County, or other party before the end of twenty (20) years, the
County shall refund the cash deposit to the original developer and release the
bond.
f. If
the transportation demand management measures fail or are abandoned and it is
determined by the Transportation Director that it is physically or
administratively infeasible or impractical to construct the transportation
facilities, the County may:
1. establish
replacement projects for the general geographic area using the cash deposit or
bond revenue;
2. reduce
or release the bond or refund the cash deposit or any part thereof to the
original developer;
3. request
assistance from the Riverside County Transportation Commission, the Western
Riverside Council of Governments, the Coachella Valley Association of
Governments, the Riverside Transit Authority, SunLine Transit, Caltrans, or
other agency which may provide assistance in ensuring that the required
Level-Of-Service is achieved.
When the Transportation
Demand Management Plan incorporates measures relating to both project
design/facility improvements and operational programs, the agreement shall also
require strict adherence to the transportation demand management measures,
assurances of perpetual operation of the transportation demand management measures
regardless of property ownership, and a mechanism for informing subsequent
property owners of the Transportation Demand Management Plan requirements.
These requirements may be accomplished through recordation of covenants,
conditions and restrictions and/or the formation of a transportation management
association which assumes responsibility for implementation and monitoring of
the transportation demand management measures.
Section 7. This ordinance shall take effect
sixty (60) days after its adoption.
ADOPTED: 1-26-93 (Eff.:
3-26-93)