§ 82-32.010. Residential projects.

(a)

A sponsor of a residential project containing thirteen or more dwelling units shall prepare and implement a TDM program that includes at least the following:

(1)

Owner-Occupied Units. Upon a residential dwelling being sold or offered for sale, the sponsor shall notify and offer to the buyer or prospective buyer, as soon as it may be done, materials describing public transit, ridesharing, and nonmotorized commuting opportunities available in the vicinity of the project. Such information shall be transmitted no later than the close of escrow;

(2)

Rental Units. Upon a residential dwelling being rented or offered for rent, the sponsor shall notify and offer to the tenant or prospective tenant, materials describing public transit, ridesharing, and nonmotorized commuting opportunities in the vicinity of the development. The materials shall be approved by the community development department. The materials shall be provided no later than the time the rental agreement is executed.

The sponsor and all subsequent owners of the project shall provide deed notification of mandatory participation in the TDM program to all subsequent purchasers and owners of the project.

(b)

A sponsor shall include in the tentative map or development plan application, all improvements that will provide access to public transit, ridesharing opportunities and nonmotorized forms of travel.

(c)

A sponsor whose project lies within a local transit service area identified in the circulation element of the general plan shall consult with the local transit service provider on the need to provide infrastructure to connect the project with transit services. Evidence of compliance with this requirement may include correspondence from the local transit provider(s) regarding the potential need for installing bus turnouts, shelters or bus stops at the site.

(d)

A sponsor of a project that is estimated to generate one hundred or more A.M. or P.M. peak-hour trips (based upon the trip generation rates from the ITE Trip Generation, 6th edition 1997, or the most current published edition) shall prepare a traffic study that demonstrates how the project will provide the necessary infrastructure to meet the traffic level of service standards and the performance standards as outlined in the growth management element of the general plan. The study shall be subject to the approval of the community development department and shall, at a minimum:

(1)

Include a traffic impact analysis if the project could cause a signalized intersection or a freeway ramp to exceed the applicable standards, including identifying mitigation measures to be implemented (which may include payment of fees), as necessary for the intersection or ramp to operate in conformance with applicable standards;

(2)

Identify any routes of regional significance and/or intersections with findings of special circumstances that would be affected by the project. (These routes and/or intersections will require alternate mitigation applicable to the appropriate action plan in the Measure C Growth Management Program.);

(3)

Identify any arterial or collector roads in the circulation element of the general plan that may be affected by the project. Determine whether the project will adversely impact these roads and if any mitigation measures will be required.

(Ords. 2003-02 § 2, 92-31 § 3).