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.
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)