Chapter 5.52
TRIP REDUCTION

Sections:

5.52.010    Purpose.

5.52.020    Findings.

5.52.030    Definitions.

5.52.040    Applicability.

5.52.045    Exemptions.

5.52.050    Notice to comply.

5.52.060    Responsibilities of employers with 50 or more employees.

5.52.080    Responsibilities of nonresidential developers and owners of multitenant sites occupied by 50 or more employees.

5.52.090    Responsibilities of developers of residential projects of 25 or more housing units.

5.52.100    Responsibilities of owners of commercial/school/recreational sites which attract more than 50 vehicle trips, other than employee commute trips, between 6:00 a.m. and 10:00 a.m.

5.52.110    Trip reduction ordinance certificate of compliance.

5.52.115    Fee.

5.52.120    Phased effective date and implementation schedule.

5.52.130    Reporting.

5.52.140    Enforcement and penalties.

5.52.150    Administrative appeals.

5.52.160    Severability.

5.52.170    Appendix: average vehicle ridership calculation method.

5.52.010 Purpose.

The purpose of this chapter is:

(A)    To establish programs and requirements for certain new and existing employers, certain nonresidential developers, certain residential developers, certain owners of multitenant complexes, and certain commercial/school/recreational sites in the County, that will help to reduce traffic congestion and to improve air quality;

(B)    To obtain the best possible use from existing and future local and regional transportation facilities;

(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 Unified Air Pollution Control District (MBUAPCD) will rely upon for its employer trip reduction program;

(E)    To assist certain employers in identifying and utilizing cost-effective programs and methods to reduce vehicle trips made by employees;

(F)    To achieve an average vehicle ridership (AVR) of 1.35 by the end of the year 1998 for all uses encompassed by this chapter. [Ord. 4280 § 1, 1993].

5.52.020 Findings.

The Board of Supervisors finds and declares:

(A)    High levels of vehicular traffic, especially single-occupancy vehicles, result in unhealthful levels of air pollution and noise as well as high levels of fuel use, wear and tear on vehicles, and time losses and inconvenience to individuals and businesses.

(B)    Unless substantial additional measures are taken to reduce traffic congestion, to make the most efficient possible use of existing and future transportation facilities and to manage traffic levels, traffic increases will make the County a less desirable place to live, work, visit and do business.

(C)    Use of commute alternatives such as carpooling, public transit, bicycling, walking and telecommuting is beneficial in reducing traffic congestion and associated air pollution, noise, fuel use, vehicular wear and tear, time losses and inconvenience, from the levels that would otherwise occur, and thereby contributes to making the County a more attractive and healthful place to live, work, visit and conduct business.

(D)    Travel demand management programs offered through certain employers, certain owners of multitenant buildings and building complexes, transportation management organizations and their contractors are an effective and equitable way to encourage the use of commute alternatives, and enhance implementation of County policies and strategies.

(E)    The transportation system is adversely affected County-wide by the traffic and parking impacts of major new development and the cumulative impact of all new development.

(F)    State law establishing requirements for development of a County-wide congestion management program (Government Code Section 65088 et seq.) includes a requirement that all cities and the County adopt a trip reduction and travel demand management ordinance.

(G)    The California Clean Air Act of 1988 requires air districts to ensure implementation of transportation control measures and an indirect source review program as needed to achieve ambient air quality standards at the earliest practicable date. The Monterey Bay Unified Air Pollution Control District (MBUAPCD) will rely upon local ordinances based upon this model to meet this requirement.

(H)    Adoption of the ordinance codified in this chapter will promote the public health, safety, and general welfare both within the County and in the region. [Ord. 4280 § 1, 1993].

5.52.030 Definitions.

For the purpose of this chapter, the following words and phrases are defined and explained:

“Alternative work schedule” means a work arrangement or schedule which causes a full-time employee to eliminate at least one round-trip commute trip (both home to work or work to home) at least once every two weeks. Examples include, but are not limited to, working three 12-hour days (3/36) or four 10-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. This may also be referred to as a “compressed work week.”

“Average vehicle ridership (AVR)” means the figure derived by dividing the number of employees (including those telecommuting) at a regulated worksite who report to work daily during 6:00 a.m. to 10:00 a.m. Monday through Friday, by the number of vehicles driven by these employees from home to the worksite over that five-day period. AVR calculation techniques are included in the Appendix, SCCC 5.52.170.

“Bicycle parking facilities” are defined as:

(1)    “Class I facilities” are intended for long-term (i.e., all day) parking and protect against theft of the entire bicycle and of its components and accessories. The facility must also protect the bicycle from inclement weather, including wind-driven rain, to the greatest degree possible. 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 lock. The locking mechanism must accept a three-eighths-inch diameter padlock.

(2)    “Class II facilities” are 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.

“Carpool” means a light duty motor vehicle occupied by at least two but no more than six employees/persons travelling together a majority of their commute trip distances.

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.

“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.

“Commercial/school/recreational site” means any facility that provides services or goods that generates 50 or more vehicle trips other than employee commute trips (based on County approved trip generation rates or formulas) during the peak commute periods of 6:00 a.m. to 10:00 a.m., including tourist facilities, retail establishments, sports facilities, theaters, secondary schools, trade schools, colleges and universities. (Category 4 for purposes of effective date in SCCC 5.52.120.)

“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.

“Congestion management program (CMP)” is the County-wide program developed in accordance with California Government Code Sections 65088 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. “Employee” refers to any full-time or part-time person working 100 or more hours per 30-calendar-day period, permanent or temporary, who either reports to work or is assigned primarily to a worksite on a regular schedule over a 30-calendar-day period. The term “employee” excludes the following: seasonal employees; temporary employees; field personnel; field construction workers; and volunteers (as defined below).

(1)    “Seasonal employee” means a person who is employed for less than a continuous 120-day period.

(2)    “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.

(3)    “Field personnel” means employees who spend 25 percent (a not to exceed amount of 10 hours per week) 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.

(4)    “Field construction worker” means an employee who reports directly to work at a construction site.

(5)    “Volunteer” means a person who does not receive wages for work activity at the worksite.

“Employer” means any person(s), firm, business, educational institution, government department or agency, nonprofit agency or corporation, which, for purposes of this chapter, employs 50 or more persons at a single worksite on an average daily basis for the calendar year. Several subsidiaries or units that occupy the same worksite and report to one common governing board or governing entity are considered to be one employer. To determine the average number of employees for the calendar year, an employer would take the sum of the total number of employees who start work each weekday (Monday through Friday) during the year and divide that number by the number of weekdays in a year. Employer categories are:

(1)    “Large employer” means 250 or more employees at a worksite (Category 1 for purposes of effective date in SCCC 5.52.120).

(2)    “Medium employer” means 50 to 249 employees at a worksite (Category 2 for purposes of effective date in SCCC 5.52.120).

“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 worksite owner” means the owner or owners of record, or the owner or owners’ designee, of any nonresidential or mixed-use property in existence before the effective date of the ordinance codified in this chapter, which has more than one employer operating on the property and which has a total of 50 or more employees. (Category 3 for purposes of effective date in SCCC 5.52.120.)

“Nonresidential developer” means an individual, group or designee responsible for a new nonresidential or mixed-use (combination of nonresidential and residential uses) development which will be occupied by 50 or more employees, or a nonresidential development in existence as of the date of the ordinance codified in this chapter that increases the facility’s gross floor area by at least 25 square feet or which will be occupied, in total, by 50 or more employees. (Category 5 for purposes of effective date in SCCC 5.52.120.)

“Nontaxable employee fringe benefit limit” means the amount established by the Internal Revenue Service as the limit under which cash reimbursement, transit passes, vanpool subsidies and other allowable subsidies for commute alternatives provided to an employee by an employer may be considered tax free for Federal income tax purposes. The nontaxable employee fringe benefit amount as of November 1993 is $60.00 per month.

“Parking management” means comprehensive management of the location, cost and availability of parking to effect changes in demand for parking spaces. It can involve establishing policies to address charging 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.

“Peak period” means the hours from 6:00 a.m. to 10:00 a.m. Monday through Friday, excluding legal holidays.

“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 50 or more employees.

“Residential developer” means an individual, group or designee responsible for the development of a single-family or multifamily residential development in which 25 or more housing units will be constructed as a part of a single application. (Category 5 for purposes of effective date in SCCC 5.52.120.)

“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.

“Single-occupancy vehicle” means a motor vehicle occupied by one employee for commute purposes.

“Telecommuting” means a system of working at home, off site, or at a telecommuting center for a full workday, that eliminates the trip to work or reduces travel distance by 50 percent or more.

“Transportation coordinator” means an employee or representative of an employer who has received appropriate training and whose function is to promote trip reduction activities. The transportation coordinator does not have to be on-site at all times; however, all worksite-related information must always be available at the worksite. Transportation coordinators are appointed by the employer to develop, market, administer, and monitor the employer trip reduction program or employer trip reduction plan on a full- or part-time basis and shall be responsible for the day-to-day implementation of worksite trip reduction programs. The transportation coordinator may also be referred to as the employee transportation coordinator (ETC).

“Travel demand management (TDM) measures” means actions designed to reduce demands placed on the transportation system by affecting the way people travel and work. Techniques to affect these changes 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)    Worksite 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.

Commute Trip Elimination.

(13)    Compressed work weeks;

(14)    Work-at-home programs;

(15)    Telecommuting.

Parking Pricing.

(16)    Establishing monetary fees for employee parking;

(17)    Elimination of any employer parking financial subsidy;

(18)    Transition from employer parking financial subsidy to general transportation monetary allowance for all employees;

(19)    Reduced parking rates for carpools and vanpools;

(20)    Customer parking fees.

Bicycle and Pedestrian.

(21)    Bicycling financial subsidies or rewards;

(22)    Financial subsidy to employees for the 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;

(28)    Provide bike and ride facilities.

On-Site Facilities/Services.

(29)    Employee shower facilities and clothes lockers;

(30)    Site modifications that would encourage walking, transit, carpool, vanpool and bicycle use;

(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 a transportation management association that provides services and incentives;

(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 worksites;

(39)    Providing child day care at/near worksite;

(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 on-site child care centers, food services and direct check 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 residential development with minimal parking in the downtown;

(53)    Provision of a fund for bus passes for employees commuting to the development;

(54)    Provision for very high density development along transit corridors.

“Travel survey” means a survey approved by the County and 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), and 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 60 percent of the survey forms (i.e., employees arriving at work between 6:00 a.m. and 10:00 a.m.) must be returned to be considered adequate. All nonrespondents could be considered as drivers of single-occupant vehicles.

“Trip reduction checklist” describes TDM measures that nonresidential developers, residential developers, commercial/school/recreational site owners, and multi-tenant worksite owners are required to provide to encourage use of commute alternatives.

“Trip reduction ordinance certificate of compliance (TRO certificate)” means the certificate issued to each regulated site as certification that the terms of this chapter have been met fully.

“Trip reduction plan” means a program of TDM measures developed by a medium or large employer to achieve an AVR of 1.35, in cases where the target has not been met. The trip reduction plan shall be submitted on forms supplied in the compliance assistance packet.

“Trip reduction program manager” means the individual designated by the County as the person responsible for receiving, evaluating and approving trip reduction checklists and reports, and for issuing TRO certificates.

“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 15 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.

“Vehicle trip” means a trip utilizing a motorized vehicle, excluding transit vehicles, trains and buses serving multiple work places. 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:

Single-occupant vehicle = 1

Carpool = 1 divided by number of people in carpool

Vanpool = 1 divided by number of people in vanpool

Motorcycle, moped, motorized scooter or motor bike = 1

Public transit = 0

Buspool = 0

Bicycle = 0

Walking and other nonmotorized transportation moves = 0

Telecommuting = 0 on days employee is telecommuting for the entire day

Compressed workweek = 0 on an employee’s compressed day(s) off

Zero-emission vehicle = 0

“Vehicle trip reduction (VTR)” means the number of vehicle trips to the worksite reduced during the peak period.

“Worksite” means the place of employment, base of operation or predominant work location of an employee. Worksite shall mean a building or grouping of buildings within the County which are in actual physical contact or separated solely by a private or public roadway or right-of-way, and which are owned and operated by the same employer. [Ord. 4351 § 1, 1995; Ord. 4280 § 1, 1993].

5.52.040 Applicability.

(A)    This chapter shall apply to all employers, residential and nonresidential developers, multitenant worksite owners and commercial/school/recreational site owners as defined in SCCC 5.52.030. All County projects shall be subject to the requirements of all applicable provisions under this chapter. Public organizations, including Federal (civilian and military) and State facilities are encouraged to comply with the requirements of this chapter.

(B)    Any employer that qualifies under more than one category of responsibilities (SCCC 5.52.060) shall be required to adhere to the more stringent responsibilities of SCCC 5.52.060(A) through (H).

(C)    Employers that are property owners shall also be bound by the terms of responsibility appropriate for their properties.

(D)    Any employer subject to SCCC 5.52.060 and who controls more than one worksite within the County 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 County and comply with the provisions of this chapter that apply to each worksite.

(E)    The above-noted requirements shall not serve to lessen any previously enacted County requirements that would otherwise apply. [Ord. 4280 § 1, 1993].

5.52.045 Exemptions.

Any employer who is an active, participating member of the Pajaro Valley TMA or the Santa Cruz Area TMA, who would otherwise fall under mandatory requirements based upon the phased-in implementation schedule, shall be exempt from the mandatory requirements under this chapter if either:

(A)    The applicable TMA as a whole meets the applicable AVR goal; or

(B)    The individual employer meets the AVR goal, as certified by the applicable TMA. [Ord. 4280 § 1, 1993].

5.52.050 Notice to comply.

(A)    The County shall publish a TRO notice to comply in County newspapers in accordance with the schedule outlined in SCCC 5.52.120. The notice will state that employers, nonresidential owners/developers, residential developers, commercial/school/recreational sites, and multi-tenant worksites that meet the criteria established by this chapter must notify in writing the County designee as specified in the notice to comply within 90 days. Failure to respond does not relieve any regulated party of its responsibilities under this chapter. After the County has published the notice to comply, a compliance assistance packet (CAP) will 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. Medium and large employers shall receive notification to provide updated trip reduction reports on an annual basis, except after they have reached an AVR of 1.35, in which case they shall receive notification on a biennial basis. Nonresidential owners/developers, residential developers, commercial/school/recreational sites and multi-tenant worksites shall receive notification to update their trip reduction checklist on a biennial basis. [Ord. 4280 § 1, 1993].

5.52.060 Responsibilities of employers with 50 or more employees.

(A)    Large and medium employers shall be responsible for achieving an AVR of 1.35 among all employees reporting to work during the morning commute period within 36 months of receipt of the compliance assistance packet.

(B)    Large and medium employers shall conduct an employee travel survey within 90 calendar days of receipt of compliance assistance packet in order to calculate AVR. All completed survey forms shall be maintained on file for a period of two years, and upon written request by the County shall be made available for auditing purposes.

(C)    Large and medium employers shall assign a transportation coordinator for employees to coordinate the activities and to implement the trip reduction programs.

(D)    Large and medium employers shall submit a trip reduction checklist as part of its trip reduction report, indicating that the following actions will be taken:

(1)    Coordinate ridematching services with the appropriate rideshare agency;

(2)    Provide information on transit and other commute alternatives to employees. This information shall be continually available and readily accessible to all employees and provided as part of all new-hire materials;

(3)    Provide preferential parking for those using commute alternatives.

(E)    Large and medium employers shall submit to the trip reduction program manager within 180 days after receipt of the compliance assistance packet a trip reduction report documenting compliance with this chapter. The report shall contain results of the travel survey and calculation of average vehicle ridership, and shall document the results of any specific travel demand management (TDM) measures undertaken during the reporting period in sufficient detail to allow the County to evaluate the effectiveness of such efforts.

(F)    The first update report to be submitted shall be submitted within 12 months after the date the initial trip reduction report was received by the County trip reduction program manager. The second update report shall be submitted 12 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.

(G)    If the trip reduction report reveals that the site’s AVR is below 1.35, 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 County. The trip reduction plan shall be required to include, among other measures from the definition of “travel demand management (TDM) measures” in SCCC 5.52.030, implementation of one of the following measures:

(1)    Provide employees a commute allowance and charge drive-alone employees for parking. The commute allowance and parking charges shall be limited to the non-taxable employee fringe benefit limit, or the equivalent daily allowances and parking charges;

(2)    Charge employees who drive to work by themselves to park at company parking lots in an amount up to the nontaxable employee fringe benefit limit as established by the Internal Revenue Service;

(3)    Provide a monetary incentive for transit riders, vanpoolers, carpoolers, bicyclists, and walkers, in the amount up to the nontaxable employee fringe benefit limit as established by the Internal Revenue Service;

(4)    Implement an alternative work schedule program to reduce trips to the worksite during the peak period, such as compressed work weeks and telecommuting options, with 65 percent or more employees participating in an alternative work schedule as defined under SCCC 5.52.030.

(H)    Large and medium employers who implement one or more of the sections of this chapter shall continue to be responsible for meeting the target AVR.

(I)    Exemptions.

(1)    Large and medium employers who can verify to the County that their average monthly employment per worksite during the previous calendar year was less than 50 employees are eligible for an exemption to requirements under this section.

(2)    Large and medium employers who can verify to the County that they have less than 50 employees arriving at or leaving work during the a.m. peak of 6:00 a.m. to 10:00 a.m. are eligible for an exemption to requirements under this section. [Ord. 4280 § 1, 1993].

5.52.080 Responsibilities of nonresidential developers and owners of multitenant sites occupied by 50 or more employees.

(A)    For the purposes of determining whether a new or remodeled nonresidential or mixed use development project will be occupied by 50 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 County, or by using the employee generation factors by type of use in the table below.

(B)    For purposes of determining whether an existing multitenant site is occupied by 50 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.

Employee Generation Factors by Type of Use

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 (nonluxury)

1/5 rooms

Mixed use

Sum of individual figures for each use

Restaurant

1 per 10 seats

Hospital/other medical

1 per 4 beds

(C)    All developers of new or remodeled nonresidential or mixed use developments to be occupied by 50 or more employees, and owners of multi-employment sites occupied by 50 or more employees must select design elements and facilities noted below in subsections (C)(1) through (6) of this section which would support the attainment of an AVR of 1.35 at the development or multi-employment worksites. Nonresidential or mixed-use developers shall submit the trip reduction checklist during the initial development review process for approval prior to the approval of a development application. Owners of existing properties shall submit a trip reduction checklist within 120 days of receipt of the compliance assistance packet. The County shall take into consideration the nature, size and impact of the existing or proposed site when reviewing the trip reduction checklist. After review of the trip reduction checklist, the County may require one or more of the following programs, and shall consider trip reduction programs proposed by the developer or site owner.

(1)    Preferential Parking for Carpool Vehicles. A percentage of parking spaces shall be reserved and designated for carpool vehicles by clearly marking such spaces. A suggested percentage of 15 percent of the 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 County. 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%

(2)    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 20 employees and one shower for every 200 employees, with one shower required for sites with 150 to 199 employees.

Suggested guidelines for bicycle parking are one Class I or II storage device for every 10 employee spaces, with a minimum requirement for one Class I parking space for every 50 employee spaces. Bicycle parking should be situated at least as conveniently as the most convenient vehicle parking area.

(3)    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 worksite’s trip reduction measures.

(4)    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 County. A suggested guide for the provision of vanpool parking spaces is at least two spaces per 100 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.

(5)    Designation of a Transportation Coordinator. Assign an individual whose function is to promote transportation alternatives.

(6)    Measures for New Nonresidential Development. These shall be selected from Measures 42 through 54, of the “travel demand management (TDM) measures” definition of SCCC 5.52.030.

(D)    Tenants shall be required by lease agreements to cooperate with the trip reduction measures necessitated by this chapter, including, but not limited to: (1) assigning 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. 4314 § 8, 1994; Ord. 4280 § 1, 1993].

5.52.090 Responsibilities of developers of residential projects of 25 or more housing units.

(A)    All developers of new residential development projects of 25 or more housing units in a single application shall be required to submit a trip reduction checklist as part of the initial development review process prior to the issuance of a building permit. The checklist shall identify proposed design elements and facilities that encourage alternative transportation usage by residents of the development.

(B)    The County shall take into consideration the nature and size of the project when reviewing the trip reduction checklist. The County will determine the necessary programs as part of the permit approval process. After review of the trip reduction checklist prepared by the developer, the County may require one or all of the following programs:

(1)    Provide ridesharing and public transportation information to tenants/buyers as part of move-in materials;

(2)    Print transit scheduling information on all promotional materials;

(3)    Install bicycle amenities, such as bicycle racks and bicycle lanes (where appropriate), paths or routes in locations accessible for residents and visitors. A suggested guide for multifamily dwellings is covered Class I bicycle parking spaces provided adequate for one bicycle per unit;

(4)    Provide bus pull-outs, transit stops, shelters and amenities as part of the site plan, if necessary;

(5)    Provide transportation information centers, with bus route/schedule information, as part of common areas;

(6)    Provide pedestrian facilities linking transit stops and common areas. [Ord. 4314 § 9, 1994; Ord. 4280 § 1, 1993].

5.52.100 Responsibilities of owners of commercial/school/recreational sites which attract more than 50 vehicle trips, other than employee commute trips, between 6:00 a.m. and 10:00 a.m.

(A)    All owners or administrators of applicable commercial/school/recreational site facilities are required to submit a trip reduction checklist within 90 calendar days of receipt of a compliance assistance packet. The trip reduction checklist shall designate the measures designed to decrease vehicle trips by visitors, students and retail patrons.

(1)    Install a bulletin board, display unit or kiosk providing information on all public transit routes serving the site in an area of high visibility;

(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 10 visitor parking spaces provided;

(3)    Print information regarding access by transit on appropriate promotional materials.

(B)    Commercial/school/recreational site owners or administrators shall submit a biennial updated trip reduction checklist to document compliance with this chapter. [Ord. 4280 § 1, 1993].

5.52.110 Trip reduction ordinance certificate of compliance.

(A)    A trip reduction ordinance (TRO) certificate of compliance shall be issued to each regulated site as certification when the terms of this chapter have been fully complied with. A TRO certificate application shall be filed with submittal of trip reduction checklist, trip reduction report and applicable fee. The TRO certificate shall be issued within 90 days of receipt by the TRO program manager of a completed trip reduction checklist or trip reduction report that complies with the requirements of this chapter.

(B)    Large and medium employers shall obtain biennial renewal of the TRO certificate, unless the target AVR of 1.35 has been attained. All other TRO certificates may be renewed on a biennial basis. [Ord. 4280 § 1, 1993].

5.52.115 Fee.

A TRO certificate fee shall be established by Board of Supervisors action to pay for the costs of administration and enforcement of this chapter. This fee shall be part of the unified fee resolution and shall be reviewed and updated periodically.

(A)    Fees for employers will be set according to the size of the employer (based on number of employees).

(B)    Large and medium employers who demonstrate attainment of their target AVR may receive a 25 percent credit toward their TRO certificate fee the first year the target is met, a 50 percent credit the second consecutive year the target is met, and a credit of 75 percent the third and any subsequent consecutive year the target is met. [Ord. 4280 § 1, 1993].

5.52.120 Phased effective date and implementation schedule.

(A)    Each individual, group or responsible designee subject to the provisions of this chapter shall be categorized for purposes of establishing operative date and implementation schedule. The following five categories are established:

(1)    Category 1 consists of all large employers with 250 or more employees at a single worksite (responsibilities in SCCC 5.52.060).

(2)    Category 2 consists of all medium employers with 50 to 249 employees at a single worksite (responsibilities in SCCC 5.52.060).

(3)    Category 3 consists of multitenant worksites (responsibilities in SCCC 5.52.080).

(4)    Category 4 consists of commercial/school/recreational sites (responsibilities in SCCC 5.52.100).

(5)    Category 5 consists of developers of new or remodeled nonresidential and residential sites (responsibilities in SCCC 5.52.080 and 5.52.090).

(B)    The operative date of this chapter for Category 5 shall be the thirty-first day after the date of final passage by the County.

(C)    The operative date of this chapter for Categories 1 through 4 shall be October 1, 1996, or 30 days after a written progress report has been submitted by the County trip reduction program manager to the Board of Supervisors, whichever date is later.

(D)    Provisions for Delay of Operative Date for Categories 1 Through 4. The operative date for Categories 1 through 4 shall be delayed by the County for 12 months if the County makes a finding that significant progress towards the trip reduction goal as defined under subsection (D)(3) of this section was achieved.

(1)    A finding by the County that significant progress was achieved shall be based upon the calculation of the overall AVR for participating employers, or equivalent VTR, presented in a written progress report by the County trip reduction program manager to the County, which concludes that significant progress towards the goal for the previous year, as defined in subsection (D)(3) of this section, was achieved;

(2)    The finding must be made by September 30, 1996, and by September 30th of each year thereafter, to delay the operative date up to the following September 30th;

(3)    “Significant progress” towards trip reduction goals shall be defined as:

Percent Medium and Large Employers Participating

Overall AVR

Or

Equivalent Annual Vehicle Trip Reduction (VTR)

End of 1996

65%

1.25

 

(equivalent County VTR goal)

End of 1997

85%

1.30

 

(equivalent County VTR goal)

End of 1998 and after

85%

1.35

 

(equivalent County VTR goal)

(4)    For the purpose of this section, “participating employer” shall mean 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;

(5)    For the purpose of this section, “overall AVR” shall be calculated by the trip reduction program manager using monitoring data from travel surveys conducted at participating employment sites;

(6)    For the purpose of this section, “equivalent annual vehicle trip reduction (VTR)” goal 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 by the County.

(E)    After the operative date, the implementation date for the notice to comply to be sent to Categories 1 through 4 shall be set according to a schedule established by the County. [Ord. 4351 § 2, 1995; Ord. 4280 § 1, 1993].

5.52.130 Reporting.

(A)    In order to provide SCCRTC with the information necessary to determine whether the County is in compliance with the congestion management program, the County shall submit a copy of this chapter and any implementation and monitoring procedures and materials employed by the County to the Commission. As part of the annual conformance process of the congestion management program, the County shall provide the SCCRTC with all material and documentation as agreed upon with the Commission, as required for SCCRTC to perform its review for the purposes of the CMP. For purposes of delay of operative date, the County shall submit to the SCCRTC a written progress report which concludes that significant progress towards the goal, as defined under SCCC 5.52.120(C)(3), was achieved or sustained voluntarily during the previous calendar year, in order to determine compliance with the CMP.

(B)    In order to provide MBUAPCD with information necessary to calculate emissions reductions from this chapter, the County shall forward a copy of this chapter, and composite AVR results of annual surveys submitted by employers, to the MBUAPCD. [Ord. 4280 § 1, 1993].

5.52.140 Enforcement and penalties.

(A)    Violations of This Chapter.

(1)    Noncompliance with any of the provisions of this chapter shall be considered 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 the trip reduction plan or checklist, or update trip reduction report when due, or make plan revisions required by the County, or implement provisions of a trip reduction plan approved by the County as set forth in the plan’s implementation schedule, is a violation of this chapter.

(4)    Each day that a provision of this chapter or the terms and conditions of any approved worksite trip reduction plan are violated shall constitute a separate violation.

(5)    Exceptions. 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 County 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:

(1)    Employers and Commercial/School/Recreational Site Owners.

(a)    Withhold issuance or renewal of business license;

(b)    Withhold approval of development permits.

(2)    Nonresidential or Residential Developers.

(a)    Withhold approval of development permits;

(b)    Issue stop work order;

(c)    Initiate proceedings to revoke the site development permit or other discretionary action;

(d)    Withhold issuance of a certificate of occupancy; or

(e)    The County may 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. Violations of this chapter shall be punishable in accordance with SCCC 1.12.040. [Ord. 4280 § 1, 1993].

5.52.150 Administrative appeals.

(A)    The County shall designate an Appeals Officer within 30 days after adoption of this chapter. Any decision regarding the application of this chapter to a site may be appealed to the Appeals Officer. The Appeals Officer shall have the authority to hear appeals, issue orders, dispose of cases and recommend actions to the County Board of Supervisors.

(B)    An employer or property owner/developer required to revise a submittal pursuant to this chapter may, within 30 days and upon notice to the County, appeal such action in writing to the Appeals Officer as allowed under Chapter 18.10 SCCC. An appeal fee shall accompany all appeals. The hearing shall be held before the Appeals Officer within 60 days of receipt of the notice of appeal. The Appeals Officer may, for good cause, recommend modification, or overrule action(s) required by the County Board of Supervisors to take appropriate action.

(C)    Any employer subject to this chapter that fails to meet the AVR target in 36 months after receipt of the compliance assistance packet shall have a hearing before the Appeals Officer to determine if additional TDM actions from the definition of “travel demand management (TDM) measures” in SCCC 5.52.030 could be undertaken at the site. The Appeals Officer shall advise the County Board of Supervisors as to the applicability of any additional TDM requirements. [Ord. 4280 § 1, 1993].

5.52.160 Severability.

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. The Board of Supervisors hereby declares that it would have adopted this section, and each subsection, subdivision, sentence, clause, phrase 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. 4280 § 1, 1993].

5.52.170 Appendix: average vehicle ridership calculation method.

(A)    Average vehicle ridership (AVR) is the figure derived by dividing the number of employees (including those telecommuting) at a regulated worksite who report to work during 6:00 a.m. to 10:00 a.m. Monday through Friday, by the number of vehicles driven by those employees from home to the worksite over a five-day period.

(B)    The five-day period cannot contain a holiday and shall represent a normal situation so that a representative projection of the AVR is obtained. Bicycle, transit vehicles, buses serving several worksites, and cars stopping on route to other worksites shall be excluded from the vehicles counted, as shall low emission vehicles as approved by the Monterey Bay Unified Air Quality Pollution Control District (MBUAPCD).

(C)    AVR for the worksite shall be calculated by dividing the total employees for the survey week by the total employee vehicle trips to the worksite for the survey week.

(1)    Employees. The total number of employees reporting or assigned to a worksite during the 6:00 a.m. to 10:00 a.m. period each work day of the survey week. The following procedures are used in totaling employees:

(a)    Employees who telecommute or are off due to a compressed work week schedule are counted as reporting to the worksite.

(b)    The following employees are not included in the employee total:

(i)    Employees not working because of vacation, sickness or other time off;

(ii)    Employees who report to a different worksite or an off-site work related activity;

(iii)    Disabled employees.

(2)    Vehicle Trips. The total number of vehicles used by employees in reporting to the worksite each work day of the survey week. A vehicle trip is based on the means of transportation used for the greatest distance of an employee’s home to work commute trip. The following numerical values are used in calculating vehicle trip days:

(a)    Single-occupant vehicle (drive alone) equals one.

(b)    Employee dropped off via vehicle by nonworking person equals a carpool. A carpool equals one divided by the number of riders/employees in the carpool.

(c)    Carpool equals one divided by the number of employees in the carpool, regardless of whether the other employee(s) in the carpool work for the employer or at the worksite.

(d)    Vanpool equals one divided by the number of employees in the vanpool, regardless of whether the other employees in the vanpool work for the employer or at the worksite.

(e)    Motorcycle, moped, scooter or motor bike equal one.

(f)    The following all equal zero vehicle trip-days:

(i)    Public transit;

(ii)    Private buspool;

(iii)    Bicycle;

(iv)    Walking and other nonmotorized transportation modes;

(v)    Employees who telecommute (only on the days those employees work at home for the entire day);

(vi)    Employees who work a compressed work week schedule (only on their compressed day(s) off);

(vii)    Disabled employee vehicles at all times.

(D)    Example. An example of calculating weekly AVR for an employer with 50 employees all reporting to work weekdays between 6:00 a.m. and 10:00 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 by these employees:

Monday

77

Tuesday

79

Wednesday

72

Thursday

68

Friday

74

Total

370

AVR is derived from dividing the number of employees reporting to work during the hours of 6:00 a.m. to 10:00 a.m. during the week (e.g., 500) by the number of vehicles driven to the worksite between the same hours (e.g., 370):

500 employees

= 1.35 Average Vehicle Ridership

370 vehicles

[Ord. 4280 § 1, 1993].