The purpose of this chapter is to further the transportation
goals of the Sunnyvale General Plan and the Sunnyvale Climate Action
Plan by promoting the adoption of Transportation Demand Management
(TDM) Programs in industrial, office, and multi-family residential
developments; promoting and increasing work-related transit use, ridesharing,
walk-ing and bicycling to minimize the number of employees traveling
in single-occupant vehicles to and from work at the same time and
during peak-hour periods; and improving the mobility and general efficiency
of circulation and transportation systems by reducing single-occupant
vehicle trips and total vehicle miles traveled within the community
and the region.
(Ord. 3094-16 § 2)
TDM Programs shall be required in all new developments and redevelopment
meeting the criteria set forth in this chapter. Developments in an
area subject to a specific plan shall comply with any additional or
different TDM requirements imposed by that specific plan.
(Ord. 3094-16 § 2)
(a)
Applicability. A TDM program shall be required for the following
developments:
(1)
High-Intensity Industrial Development in the M-S or M-3 Zoning District. High-intensity industrial development means any project that creates new floor area exceeding floor area ratio (FAR) thresholds defined in Table 19.32.020 (Building Height, Lot Coverage and Floor Area Ratio) or exceeding seventy percent FAR in industrial intensification sites defined in Section 19.32.070 (Floor area ratio (FAR)); and
(b)
Goals for Peak-Hour Trip Reduction. TDM programs must meet the following
goals in peak-hour trip reduction for the entire project site:
(1)
Industrial-Intensification Sites. High-intensity industrial and office
development that exceeds seventy percent FAR in an industrial intensification
area must demonstrate that peak-hour vehicle-trip rates for the project
do not exceed the projected peak-hour trip generation of a seventy
percent FAR project.
(2)
Green Building Incentives. Industrial and office development that
use the voluntary incentives in the Green Building Tables must demonstrate
that peak-hour vehicle-trip rates are not greater than the number
that would be generated by development of the site at the floor area
ratio thresholds defined in Table 19.32.020 (Building Height, Lot
Coverage and Floor Area Ratio).
(c)
Standard M-S and M-3 FAR Zoned Sites. The approving body may require
a TDM program for projects requir-ing a use permit for floor area
ratio exceeding those thresholds defined in Table 19.32.020 (Building
Height, Lot Coverage and Floor Area Ratio).
(Ord. 3094-16 § 2)
(a)
Applicability. A TDM Program is required of all new developments
and redevelopments of ten or more residential units, including residential
components of mixed-use developments.
(b)
Standards. The city council shall adopt standards for the multi-family
residential Transportation Demand Management (TDM) Program which shall
contain specific requirements necessary for compliance. These standards
shall be updated from time to time to reflect best practices in the
field of transportation demand management.
(c)
Administrative Procedures.
(1)
The director of community development shall adopt administrative
procedures containing any rules and guidelines necessary or appropriate
to achieve compliance with the requirements of this section.
(2)
The procedures for compliance documentation shall include, but not
be limited to, the following:
(i)
Upon submittal of an application for any discretionary planning entitlement
(if required) for any covered project, application materials shall
include a TDM plan that documents how the development will comply
with the requirements of the multi-family TDM Program.
(ii)
Upon submittal of an application for a building permit, building
plans shall show any physical improvement measures required by the
approved TDM plan for the project.
(iii)
Prior to final building inspection and occupancy, evidence shall
be provided to the director of community development to confirm that
all required physical improvements and programmatic measures in the
approved TDM plan for the project have been installed or implemented.
(d)
Noncompliance. The director of community development shall enforce
the provisions of this section. In addition to any other remedies
authorized by law, if the director determines that the project during
construction does not or is unlikely to comply with the approved TDM
plan, a stop work order may be issued. The stop work order shall remain
in effect and final certificate of occupancy withheld until the director
determines that the project will be brought into compliance with the
approved TDM plan.
(e)
Hardship or Infeasibility Exemption. If a project applicant believes
that circumstances exist presenting an unreasonable hardship to meet
the requirements of this section, the applicant may apply for an exemption
in their development application. In applying for an exemption, the
burden is on the applicant to show significant hardship. The exemption
request shall be decided by the approval authority for the development
permit. Hardship exemptions shall only be granted in unusual circumstances
based upon a showing of good cause and a determination that the public
interest is not served by compliance or other compelling circumstances.
An unreasonable hardship shall be defined as practical infeasibility,
difficulties, or results inconsistent with the general purposes of
this chapter.
(f)
Modifications of TDM Plan. Any modification of an approved TDM plan requires a miscellaneous plan permit under Chapter 19.82 of this code. A request to modify a TDM plan may only be granted if it is designed to be at least as effective as the original TDM plan in meeting the objectives and purposes of this chapter.
(Ord. 3094-16 § 2)
