§ 10.36.060. 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, the agreement shall include the following provisions:

A.

The developer shall be required to provide a cash deposit equaling sixty (60) percent of the cost of the transportation facilities that will not be built due to implementation of the transportation demand management measures. The remaining forty (40) percent 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 (20) 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 not be 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, 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.

(Ord. 726 § 6, 1993)