For the purposes of this Chapter, the definitions for the following terms shall apply:

a) “Alternative Transportation” means the use of modes of transportation other than the single passenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking and bicycling.

b) “Applicable Development” means any development project that is determined by the Metropolitan Transportation Authority (MTA) to meet or exceed the project size threshold criteria contained in Article 3 of this Chapter.

c) “Buspool” means a vehicle carrying sixteen (16) or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

d) “Carpool” means a vehicle carrying two (2) to six (6) persons commuting together to and from work on a regular basis.

e) “The California Environmental Quality Act (CEQA)” is a statute that requires all jurisdictions in the State of California to evaluate the extent of environmental impact posed by a proposed project.

f) “Developer” shall mean the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this Section as determined by the property owner.

g) “Development” means the construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of this Section and which exceed the thresholds defined in Article 3 of this Chapter shall comply with the applicable requirements but shall not be added cumulatively with existing square footage; existing square footage shall be exempt from these requirements. All calculations shall be based on gross square footage. The gross square footage calculations will not include the square footage designated for parking structures.

h) “Employee Parking” means the portion of total off-street required parking at a development used by onsite employees. Unless otherwise specified in this Chapter, employee parking shall be calculated as follows:

i) “Preferential Parking” means parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles.

j) “Property Owner” means the legal owner of a development who serves as the lessor to a tenant. The property owner shall be responsible for complying with the provisions of the ordinance either directly or by delegating such responsibility as appropriate to a tenant and/or his agent.

k) “South Coast Air Quality Management District” (SCAQMD) is the regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin (the nondesert portions of Los Angeles, Orange, Riverside and San Bernardino Counties).

l) “Tenant” means the lessee of facility space at an applicable development project who also serves as an employer. A tenant may be responsible for implementing the provisions of this Chapter as determined by the property owner.

m) “Transportation Demand Management” (TDM) means the strategies to alter travel behavior, usually on the part of commuters, through programs of incentives, services and policies. TDM addresses alternatives to single occupant vehicles such as carpooling and vanpooling and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).

n) “Trip Reduction” means reduction in the number of work-related trips made by single occupant vehicles.

o) “Vanpool” means a vehicle carrying seven (7) or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven (7) to fifteen (15) adult passengers.

p) “Vehicle” means any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.

a) Prior to approval of any new development project for which an Environmental Impact Report (EIR) will be prepared, the City shall identify and consult with the regional and municipal fixed-route transit operators providing service to the project.

b) Projects for which a Notice of Preparation of a Draft EIR has been circulated pursuant to the provisions of the California Environmental Quality Act (CEQA) prior to the effective date of this Section, shall be exempted from its provisions.

c) The Transit Impact Review Worksheet contained in the Los Angeles County Congestion Management Program (CMP), or similar worksheets, shall be used by the City and the transit operator to assess impacts. Pursuant to the provisions of CEQA, transit operators shall be provided with the Notice of Preparation (NOP) for all EIRs in preparation and shall be given adequate opportunity to comment on the impacts of the project, to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which either reduce or do not add automobile trips onto the CMP network.

d) Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the Draft Environmental Impact Report prepared for the project. Related mitigation measures adopted by the City shall be monitored through the mitigation monitoring requirements of CEQA.

e) Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR.

a) Prior to approval of any new nonresidential development project, the applicant shall implement, as a minimum, all of the applicable transportation demand management and trip reduction measures set forth in this Article.

b) This Article shall not apply to projects for which a development application has been deemed complete by the City pursuant to Government Code Section 65943, or for a Notice of Preparation for a Draft EIR which has been circulated or for which an application for a building permit has been received, prior to the effective date of this Article.

c) All facilities and improvements constructed or otherwise required by this Article shall be maintained in a state of good repair.

a) Nonresidential development twenty-five thousand (25,000) square feet or more shall provide the following:

1) A bulletin board, display case or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information on the board, case or kiosk shall include, but is not limited to, the following:

A) Current maps, routes and schedules for public transit routes serving the site;

B) Telephone numbers for referrals on transportation information;

C) Ridesharing promotional materials supplied by commuter-oriented organizations;

D) Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;

E) A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

2) Locate building entrances to provide safe and unimpeded access to nearby transit stations/stops.

b) Nonresidential development of fifty thousand (50,000) square feet or more shall comply with subsection a) above and shall provide all of the following measures:

1) Not less than ten (10) percent of employee parking area shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit or other development permit. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants; provided that at all times at least one (1) space for projects of fifty thousand (50,000) square feet to one hundred thousand (100,000) square feet and two (2) spaces for projects over one hundred thousand (100,000) square feet will be signed/striped for carpool/vanpool vehicles.

2) Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven (7) feet, two (2) inches shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas.

3) Bicycle racks or other secure bicycle parking shall be provided to accommodate four (4) bicycles for the first fifty thousand (50,000) square feet of nonresidential development and one (1) bicycle rack for each additional fifty thousand (50,000) square feet of nonresidential development. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather.

c) Nonresidential development of one hundred thousand (100,000) square feet or more shall comply with subsections a) and b) above, and shall provide all of the following measures:

1) A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers

2) Sidewalks or other designated pathways which follow direct and safe routes from the external pedestrian circulation system to each building in the development;

3) If determined necessary by the City, bus stop improvements must be provided. The City will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops;

4) Safe and convenient access from the external circulation system to onsite bicycle parking facilities.

The Planning Commission may make exceptions to such standards upon finding all of the following:

a) That the strict application of any standard prescribed by this Section would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of this Chapter;

b) That there are exceptional circumstances or conditions applicable to the property involved or to the intended use or development of the property in the City being developed;

c) That the granting of the exception will not be materially detrimental to the public welfare nor contrary to the transportation demand management and trip reduction policies of the City;

d) That the granting of the exception will not be contrary to the objectives of this Chapter.

a) For each development project for which traffic mitigation measures are imposed, there shall be prepared a specific list of such measures. Each such measure shall be identified with a specific person, firm or entity responsible for its implementation or operation.

b) Each traffic mitigation measure shall be scheduled for periodic inspection or review for compliance.

c) In the event a Transportation Management Association (TMA) is organized within the City or regionally, the TMA may provide assistance to member developments, or developers, in order to achieve the TDM requirements.