EXHIBIT B
CHAPTER 12.36 STRIKEOUT/UNDERLINE VERSION
TITLE 12 - MOTOR VEHICLES AND TRAFFIC
CHAPTER 12.36 PEAK HOUR TRAFFIC MANAGEMENT
CHAPTER 12.36 PEAK HOUR TRAFFIC MANAGEMENT
12.36.010 Findings.
The City Council of the City of San Marcos hereby finds and determines that:
(a) A significant increase in new employment opportunities is anticipated in the City in the next 20 years. (b) Increased employment within the City will lead to increased traffic coming to and from, and within, the City.
(c) Traffic studies projecting future traffic levels within the City and adjoining freeways show that traffic will reach intolerable levels of congestion unless substantial measures are taken to reduce commute hour traffic levels; these studies indicate that a 45 percent reduction in peak hour traffic is necessary to meet minimum standards of traffic levels of service and that greater reductions may be necessary to avoid intolerable levels of service.
(d) Companion studies project that the 45 percent reduction is necessary to meet carbon monoxide concentration standards along local streets. Measures being undertaken to minimize the effects of future ambient noise levels along local streets and freeways are being based on future traffic volumes and distributions projected with the 45 percent reduction in peak hour traffic. (e) Peak Hour Traffic Management ("PHTM") programs have been shown to be capable of reducing peak hour traffic levels and can be simple, inexpensive, and effective. (f) Reductions in vehicular trips, both absolutely and within peak hour periods, are beneficial in terms of:
reducing traffic congestion, vehicular emissions, energy consumption, and noise levels. Improved traffic levels of service, air quality, and ambient noise levels contribute to making the City an attractive and convenient place to live, work, visit, and do business. (g) Minimizing inconvenience in commute trips and retaining an attractive environment will enable employers to continue effective recruitment and to retain qualified personnel. (h) The City's General Plan mandates an uncongested traffic circulation system, energy conservation, and maintenance of noise and air quality levels within established standards. (i) A PHTM program should equitably allocate responsibility for traffic level reductions and, combined with the assurance of mandatory requirements, if found necessary, will ensure that residents of, employees working within, and visitors to the City will not be adversely affected by traffic congestion. (j) Cooperation with and coordination of PHTM programs with other communities in the region and through regional agencies will assist the City in meeting the goals of this ordinance. (k) Adoption of the PHTM ordinance is in the best interests of the public's health, safety, and general welfare, both within the City and the region.
12.36.020 Purposes and Goals.
(a) Purposes. In recognition of these findings, the City of San Marcos does establish a PHTM ordinance for the following purposes:
(1) To reduce traffic impacts within the City and region by reducing both the number of vehicular trips and total vehicle miles travelled that might otherwise be generated by commuting. (2) To reduce vehicular emissions, energy usage and ambient noise levels by reducing both the number of vehicular trips, total vehicle miles travelled and traffic congestion.
(b) Goals.
(1) To reduce peak hour traffic volumes generated by employees permanently working within the City by a minimum of 45 percent through use of employer and commercial/industrial complex developed PHTM programs.
(2) To maximize the use and application of alternative commute modes through cooperative public -private development of City-wide programs.
(3) To minimize the percentage of employees travelling to and from work during the same peak hour periods.
12.36.030 Definitions.
(a) Alternative Work Hours Program shall mean a system for shifting the work-day of an employee so that the work day starts and/or ends outside the peak periods. Such programs include, but are not limited to: (1) compressed work weeks; (2) staggered work hours involving a shift in the set work hours of all employees at the work place; and (3) flexible work hours involving individually determined work hours within guidelines established by the employer. For purposes of determining the percentage reduction in peak period traffic, a non-retail employer may "pair-off" with another non-retail employer so that each is treated as if it were a part of a single employer, with each credited for the weighted average percentage reduction in peak period traffic when one employer has a work day with shift ends coinciding with the peak periods and the other has a work day with shift ends outside the peak periods. Credit, or partial credit , for "paired off" employers shall be determined by the San Marcos Coordinator in accordance with established Task Force guidelines. (b) Car Pool shall mean a motor vehicle occupied by two or more employees travelling together. (c) Commute shall mean a regular trip to and from home to work related facilities, i.e., home to park -n-ride to work.
(d) Complex shall mean either:
(1) Any business park, shopping center of ten acres or more, or other commercial/industrial project in separate or common ownership, which can be identified by two or more of the following characteristics:
(a) It is known by a common name given to the project by its developer; (b) It is governed by a common set of covenants, conditions and restrictions; (c) It was approved, or is to be approved, as an entity by the City; (d) It is covered by a single tentative or final subdivision map; or (2) Any non-retail multi-tenant building or group of buildings with 50 or more employees at the single site, which is not included within the definition of complex pursuant to Section 12.36.030(d)(1) above. (e) Employee shall mean any person hired by any employer, including part-time and seasonal employees, but excluding any independent contractors hired by the employer. (f) Employer shall mean any public or private employer, including the City, who has a permanent place of business in the City. For purposes of this ordinance, employer size shall be determined by gross employment.
Employer shall not include:
(1) Home occupations as defined in Section 62, Zoning code; (2) Contractors with no permanent place of business in the City; (3) Other businesses with no permanent work place location;
(4) Government agencies not required by law or regulations; and (5) School districts with respect to employees actually employed at school sites however, school districts colleges, and universities are strongly encouraged to actively participate in PHTM programs. (g) Level of Service shall mean a measure of the percentage of capacity of a roadway or intersection being used during the peak hour.
(h) The terms Peak Hour Periods, Peak Hour, and Peak Periods shall mean those times and days during the week with the highest concentration of employees' commute trips. The City Council shall, by Resolution, establish the times and days of peak hour periods, peak hours and peak periods. Peak Period Trips shall mean employees' commute trips to or from a work place when the employee's work day begins or ends within a peak hour period, peak hour or peak periods. The terms Peak Hour Periods, Peak Hour and Peak Periods are synonymous for the purposes of this chapter and one or the other may be used depending upon the context.
(Ord. No. 89-808, 2-14-89)
(i) Single-Occupancy Vehicle shall mean a motor-driven vehicle (to include two-wheel, motor-driven vehicles) occupied by one employee for commute purposes.
(j) Van Pool shall mean a van occupied by three to 15 employees travelling together. (k) Work place shall mean the place of employment, base of operation, or predominant location of an employee.
12.36.040 PHTM Requirements.
(a) All Employers - Survey Reports. Every existing or future employer not exempt pursuant to Section
12.36.030(f) from the requirements of this ordinance shall submit, on an annual basis such survey information as required by the PHTM Task Force in order to establish commute pattern data and to provide car pool and van pool matching information. During the initial year of program participation, employers will be required to submit a survey report by August 31. Submittal of all succeeding survey reports will be in conjunction with the Annual Report as set forth in Section 12.36.070. (b) Employers of Ten or More Employees Not Located in Complexes - Information Program. Every employer of ten or more employees (determined by gross employment) not located in a complex shall design, implement, and provide a PHTM Information Program incorporating posting and dissemination of informational materials pertaining to transit, ride sharing and non-vehicular commute modes. (1) Every such existing employer shall submit and implement the information program within three months following the effective date of this ordinance. Every future employer shall submit and implement its PHTM Information Program within three months following issuance to suc h employer of a certificate of occupancy, if required or, otherwise, within three months following the date the employer opens for business.
(2) The informational materials to be posted and/or disseminated shall be provided by the San Marcos Coordinator, and/or the employer. Updated information relating to transit, ride sharing, and non- vehicular commute modes and alternative routes shall be disseminated to all employees, new hired and existing.
(c) Employers of 50 or More Employees and All Employers Within Complexes - PHTM Programs. Every employer of 50 or more employees (determined by gross employment) and all employers located within complexes shall design, implement, and provide a PHTM Program designed to achieve the reductions in peak period traffic generated by its employees as set forth in the staged PHTM goals of this ordinance (Section
12.36.080).
(1) Every such existing employer shall submit and begin implementation of its PHTM Program within three months following the effective date of this ordinance. Every future employer shall submit and begin implementation of its PHTM Program within three months following issuance to such employer of a certificate of occupancy, if required, or, otherwise, within three months following the date the employer opens for business.
(2) The PHTM Program shall include the following:
(a) Appointment of an employee as a Coordinator who shall be responsible for primary implementation of the PHTM Program. Employers of less than 50 employees located in complexes may appoint the Complex Coordinator for this task, if desired. (b) Any reasonable combination of PHTM measures, including, but not limited to, transit related programs, ride sharing (including car pool and van pool programs), non- vehicular commute modes, alternative routes, and alternative work hour programs designed to achieve, over a period of time, a 45 percent reduction in the number of vehicle trips that would occur during the peak periods if the commute trips of all employees were made by single-occupancy vehicle trips during the peak periods. Measures shall be designed to meet the staged PHTM goals set forth in Section 12.36.080.
(c) All PHTM Programs shall include information posting and dissemination as one element in the program.
(d) Complexes. Every complex shall design, implement, and provide the San Marcos Coordinator with a PHTM Program designed to achieve, in accordance with the schedule contained in the staged PHTM goals of this ordinance (Section 12.36.080), a 45 percent reduction in the n umber of vehicle trips that would occur during the peak periods if the commute trips of all employees at the complex were made by single-occupancy vehicle trips during the peak periods. (1) Existing complexes shall comply with the following requirements within three months following the effective date of this ordinance. Complexes not in existence of the effective date of this ordinance shall comply with the following requirements within three months following initial occupancy of the first building in the complex. (2) A PHTM Program shall include the following:
a) Any reasonable combination of PHTM measures, including, but not limited to, transit-related programs, ride sharing (including car pool and van pool programs), non-vehicular commute modes, alternative routes, and coordination of alternative work hour programs, designed to achieve the percentage reduction in peak period commute trips required within the complex pursuant to the stage PHTM goals of this ordinance (Section
12.36.080).
b) A program for coordinating, monitoring and assisting the PHTM Programs of employers within the complex.
(3) Every complex shall have a Complex Coordinator who shall be responsible for primary implementation of the PHTM Program at the complex. The Complex Coordinator shall also serve as the liaison to the San Marcos Coordinator and the PHTM Task Force. The complex Coordinator shall assist with developing and implementing PHTM Programs for employers of less than 50 employees located within the complex, if so requested b y such an employer. (4) Every complex owner, property owners' association, landlord, and/or manager shall include reference to, and mandatory participation in, the requirements of this PHTM ordinance: (i) in the recorded conditions, covenants, and restrictions governing the complex, if any, and (ii) in every lease entered into subsequent to the effective date of this ordinance.
12.36.050 PHTM Task Force.
A PHTM Task Force shall be formed by appointment of the City Council, and shall be responsible for ensuring the traffic levels of service during peak periods are accomplished in accordance with PHTM ordinance goals. (a) Composition. The PHTM Task Force shall consist of the following:
(1) A representative who occupies an executive and/or management level position, or similar position within the complex, and has authority to act; relative to the mandated duties of the PHTM Task Force. Total Task Force representation of complexes shall not exceed six representatives. One third of complex representation shall be rotated from the Task Force every three years to include all complexes that fall under the definition of complex; (2) A representative from each employer of 100 or more employees (determined by gross employment) who occupies an executive and/ or management level position, or a similar position within the organization, and who has authority to act relative to the mandated duties of the PHTM Task Force; Total Task Force representation of employers of 100 or more shall not exceed ten representatives. Thirty percent of the representation of employers of 100 or more shall be rotated from the Task Force every three years to include all employers who meet this description;
(3) The San Marcos Coordinator;
(4) A representative from the transit authority serving San Marcos; (5) A representative from the San Marcos School District, Palomar College and San Diego State University; and
(6) Other governmental agencies as deemed necessary by the City Council. (b) Meetings. The PHTM Task Force shall hold its first meeting within two months following the effective date of this ordinance, and shall continue to meet on a regularly scheduled basis, as determined by the PHTM Task Force.
(c) Activities. The PHTM Task Force may undertake any and all programs necessary to coordinate and implement the City-wide PHTM effort.
(1) The PHTM Task Force shall undertake the following:
a) Monitor traffic congestion and compile results of employers' PHTM programs; b) Establish guidelines for minimally acceptable PHTM programs designed to reach the staged goals of Section 12.36.080;
c) Coordinate PHTM efforts of all employers in the City; d) Work with the City to coordinate PHTM efforts with local and regional transit authorities; e) Seek the cooperation and assistance of neighboring communities and regional agencies and employers within neighboring communities in achieving PHTM goals; f) Pursuant to Section 12.36.100, review employer/complex PHTM programs for adequacy and, if necessary, mandate revisions to achieve minimally acceptable PHTM programs. (2) The PHTM Task Force may undertake other activities which may include, but are not nec essarily limited to, the following:
a) Plan, coordinate and/or organize transportation services between the complexes, employment centers, and transit stops;
b) Compile, distribute and annually update ride sharing materials;
c) Plan and/or implement any PHTM Program element; and
d) Recommend to the City Council improvements in City services and facilities to assist employers in meeting the goals of this ordinance.
12.36.060 San Marcos Coordinator.
The City Manager shall designate a Coordinator. The duties of the San Marcos Coordinator shall include, but not be limited to the following:
(a) Participate in the PHTM Task Force;
(b) Organize and collect intersection monitoring data;
(c) Coordinate with other City departments with transportation-related functions; (d) Provide direct support to those employers not within a complex; (e) Provide direct assistance in coordination of those employers choosing to "pair off"; (f) Review and evaluate the employers' and complexes' PHTM Programs, employers' PHTM Information Programs, and employers' survey reports;
(g) Participate in and coordinate with any regional PHTM activities, including Caltrans (COMMUTER COMPUTER) and North County Transit District;
(h) Review compliance with this ordinance pursuant to Section 12.36.090; and, if found necessary, recommend implementation of the requirements of Section 12.36.100 to the PHTM Task Force; (i) Pursuant to Section 12.36.100, refer PHTM programs found inadequate to the PHTM Task Force for review and determination.
12.36.070 Annual Report.
Every required PHTM Program shall be submitted to the San Marcos Coordinator as an annual report describing: (i) its PHTM Program and its results during the reporting period; and (ii) the PHTM Program intended to be implemented in the ensuring year.
(a) Time and Period of Submittal. An annual report is required to be submitted to the City by every employer no later than August 1 (starting in 1988) of that calendar year. The annual report shall cover the immediately preceding July 1 - June 30 period, or, that portion of the period the employer was in business.
(b) Contents. The annual report shall contain sufficient information to allow the San Marcos Coordinator to evaluate the extent and results of the PHTM Program. The annual report shall contain informa tion as required by the PHTM Task Force, which shall include, but not be limited to, the following:
(1) A description of the measures taken to comply with this ordinance; (2) The marketing measures undertaken by the employer to promote PHTM including, but not limited to: newsletter articles, transportation fairs, new employee PHTM orientation, meetings with zip code groups, PHTM presentations at staff meetings, distribution of car pool and van pool applications, PHTM incentive programs, and/or PHTM information booths in the work place; (3) The average number of employees commuting to the work place by each of the following modes of transportation:
a) Single-occupancy vehicles;
b) Car and/or van pools, including the number of occupants per vehicle;
c) Public transportation;
d) Bicycles and/or walking; and
e) All other modes;
(4) The total number of work place employees;
(5) The total number of employees per shift and hours;
(6) The total number of employees participating in an alternative work hours program and a description of that program;
(7) The number of on-site, off-street parking spaces provided; (8) A description of any internal or external shuttle service; (9) The existence of an employer's subsidy, if any, to any part of its PHTM Program.
12.36.080 Staged PHTM Goals.
Employers and complexes shall implement all feasible PHTM measures necessary to achieve the following reductions:
(a) At the time of an employer's first annual report, unless the employer has been in business in San Marcos for less than four months, a ten percent reduction; at the time of the complex's first annual report, unless the complex has had occupancy for less than four months, a ten percent reduction; (b) At the time of the second annual report, a 20 percent reduction; (c) At the time of the third annual report, a 30 percent reduction; and (d) At the time of the fourth annual report, a 45 percent reduction.
12.36.090 Evaluation of City-Wide PHTM Progress.
(a) Review of City-wide PHTM Progress. The San Marcos Coordinator shall review compliance with the requirements of the ordinance. Said review shall include review of: (i) PHTM Programs, (ii) annual reports, (iii) the results of the City's intersection monitoring program, (iv) employer surveys, and (v) the programs and progress of the PHTM Task Force.
(b) Report to City Council and PHTM Task Force. The San Marcos Coordinator, as directed by the Task Force, shall yearly submit a summary report to the City Council and PHTM Task Force describing the results as of that date of the PHTM programs, a general summary of the programs of the PHTM Task Force an d their prospects for success, and the relationship of the PHTM programs to the goals of this ordinance. The San Marcos Coordinator may recommend to the Task Force any changes to this ordinance as may be necessary to meet the goals established herein.
(c) Implementation of Mandatory PHTM Programs. If, at any time after two years from the effective date of this ordinance, the PHTM Task Force determines, based on a report from the San Marcos Coordinator, that substantial progress is not being made to meet the goals of this ordinance based on the actual traffic reduction achieved by employers/complexes'. The Task Force may recommend that the City Council institute mandatory PHTM program requirements included in Section 12.36.100. (1) A hearing shall be held before the City Council following 30 days notice to all Employers of more than 50 Employees on a single shift and to representatives of all Complexes. (2) If, following said hearing, the City Council determines that substantial progress is not being made, and that time alone will not bring success to the PHTM Programs in place by Employers/Complexes, and the
PHTM Task Force, the City Council shall, by resolution, deem the provisions of Section 12.36.100 operative.
12.36.100 Mandatory PHTM Program.
If, pursuant to Section 12.36.090(c), this section becomes operative, employers and complexes required to have PHTM programs shall be required to supplement their PHTM programs in accordance with this section. (a) Revision of an Employer's or Complex's PHTM Program for Failure to Achieve Staged PHTM Goals. If, after review of an employer's or complex's second annual report, or any annual report thereafter, the PHTM Task Force determines: (i) that, as indicated in such report, substantial progress is not be ing made toward reaching the staged PHTM goals, and (ii) that, on the basis of good cause, the PHTM measures included in the PHTM Program proposed for the ensuing year will not achieve the required reduction in peak period traffic, then the PHTM Task Force shall reject the submitted PHTM Program and require that revisions and/or additions be made in order to achieve the required reduction in peak period traffic within one year of submittal. Notice of such rejection shall be sent to the City Council by the PHTM Task Force. The San Marcos Coordinator shall assist the PHTM Task Force in its determination, by the following:
(1) The San Marcos Coordinator shall describe the reason(s) for rejection of a PHTM Program and shall include an indication of those kinds of measures which may be used to achieve an acceptable PHTM Program to the PHTM Task Force.
(2) If a PHTM Program has been required to be revised by any employer or complex, it shall be revised and resubmitted for review and approval within three months following the request. (3) If any resubmitted PHTM Program is determined to be inadequate by the San Marcos Coordinator, the matter shall be referred to the PHTM Task Force for resolution. The PHTM Task Force may approve the original PHTM Program, a revised program, or may incorporate those elements it determines are necessary to achieve the required reduction in the PHTM Program and require that the employer and/or complex implement the program as designed by the PHTM Task Force.
(4) Any employer or complex whose PHTM Program has been rejected or modified pursuant to this subsection may appeal the decision of the PHTM Task Force to the City Council. A hearing shall be held before the City Council within 30 days of receipt of the appeal by the San Marcos Coordinator. The City Council may approve, modify, or overrule the action of the PHTM Task Force.
(b) Revision of PHTM Programs Due to Failure to Achieve LOS Goals. (1) The PHTM Task Force may require additional PHTM Program elements of individual employer s and/or complexes meeting their stage PHTM Goals if:
a) A 45 percent reduction in peak period employee commute trips has not yet been achieved by the staged PHTM goals.
b) The PHTM Task Force determines that the employers and/or complexes are the primar y contributors to the congestion at the affected City street or intersection. (2) The PHTM Task Force shall specify a new peak period employee commute trip reduction goal and indicate those kinds of measures which may be used in addition to the then- existing PHTM Program to achieve an acceptably modified PHTM Program. (3) Employers and/or complexes required to modify their PHTM Programs pursuant to this subsection may appeal in accordance with the procedure set forth in Section 12.36.100(a)(4).
12.36.110 Enforcement.
(a) Failure to Provide Survey Data, Annual Reports, and/or Provide and Implement PHTM Information Programs and PHTM Programs. Any employer or complex who fails to provide the survey data or annual report required by this ordinance, after 30 days notice to remedy the failure, shall be guilty of an infraction. Any employer or complex who fails to provide the PHTM Information Program and/or who fails to implement said plan, as required by this ordinance, after 30 days notice to remedy the failure, shall be guilty of an infraction.
(1) The fine shall be an amount not exceeding $50.00 for the first infraction, an amount not exceeding $100.00 for a second infraction, and an amount not exceeding $250.00 for a third infraction in any calendar year. Any amounts collected as infraction fines shall be used to fund the development and purchase of PHTM marketing materials for employees in San Marcos. (2) Each failure to supply data, reports, programs, or implement the PHTM Information Program or PHTM Program, following the PHTM Task Force written request for such material and/or acts, shall constitute a separate violation.
(b) Other violations of This Ordinance, Except Section 12.36.100. Every employer and/or complex who fails to comply with any other provision of this ordinance, except those requirements mandated pursuant to Section
12.36.100, shall have 30 days, after notice of such failure, to correct t he failure or be guilty of an infraction punishable as in Section 12.36.110(a) above.
(c) Violations of Section 12.36.100. Every employer or complex who fails to comply with any requirement mandated pursuant to Section 12.36.100 of this ordinance shall ha ve 30 days, after notice of such failure, to correct the failure, or satisfactorily explain to the PHTM Task Force why compliance is impossible. If the employer or complex does not correct the failure within the time period or is not excused from complianc e by the PHTM Task Force, then the PHTM Task Force shall refer the matter to the City Council for one of the following actions:
(1) The City Council may grant an extension of time for compliance solely on the evidence that time is the only condition needed to accomplish the requirements; or (2) The City Council may find that an extension is not warranted, find a violation of this ordinance, and order compliance. Failure to comply shall be a violation and subject to a civil penalty of $250.00 per day from the date the City Council orders compliance until the failure to comply is corrected. Any amounts collected as penalty shall be used to fund traffic related improvements in order to improve the level of service on roadways in the City.