The purpose and objective of this Chapter is to implement the
goals and policies of the City's General Plan by proactively managing
congestion, reducing automobile dependence and enhancing transportation
choices by requiring trip reduction plans for all types of trips—work,
shopping, leisure, school, and appointments—that will:
A. Ensure
City compliance with the applicable requirements of the South Coast
Air Quality Management District (SCAQMD) Rule 2202 and implement air
quality control measures required of local governments by the District's
1991 Air Quality Management Plan and subsequent updates and the Los
Angeles County Metropolitan Transportation Authority's (MTA) Congestion
Management Program (CMP);
B. Accommodate
land use changes allowed under the General Plan's Land Use and Circulation
Element ("LUCE") while reducing peak-hour automobile trips from new
and existing destinations to achieve the LUCE's goal of no net increase
in PM peak hour vehicle trips by 2030;
C. Improve
the mobility and general efficiency of circulation and transportation
systems by increasing reliance on public transit, ridesharing, walking,
carsharing, cycling and focusing development in areas close to transit
and employment;
D. Reduce
traffic impacts within the community and region, vehicular air pollutant
emissions, energy usage, and ambient noise levels through a reduction
in the number of per capita vehicle miles traveled and management
of traffic congestion;
E. Minimize
the percentage of employees traveling in single-occupant vehicles
to and from work, especially during peak-hour periods;
F. Promote
and increase work-related transit use, ridesharing, walking and bicycling
to minimize parking needs, manage congestion, and protect the quality
of life in Santa Monica's neighborhoods and districts;
G. Improve
the quality and level of access for residents, employees, customers,
and visitors by improving transportation choices and managing congestion;
H. Decrease
the City's need for additional parking facility construction;
I. Coordinate
transportation system management, transportation demand management,
and transportation facility development strategies Citywide; and
J. Coordinate
transportation system management, transportation demand management,
and transportation facility development strategies with other cities
and counties in the region and through regional agencies.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; Amended
by Ord. No. 2646CCS § 4, adopted September 8, 2020)
The following words and phrases shall have the following meanings
when used in this Chapter:
Audit.
A selective inspection by the City of an employer's activities
related to the fulfillment of ongoing implementation and monitoring
of an approved emission reduction plan.
Average vehicle ridership (AVR).
The total number of employees who report to or leave the
worksite or another job-related activity during the peak periods divided
by the number of vehicles driven by these employees over that 5-day
survey period. The AVR calculation requires that the 5-day period
must represent the 5 days during which the majority of employees are
scheduled to arrive at the worksite. The hours and days chosen must
be consecutive. The 5-day survey period cannot contain a holiday and
shall represent typical operations so that a projection of the average
vehicle ridership during the year is obtained.
An example of morning AVR using the survey week for an employer
with 300 employees all reporting to work weekdays between 6:00 a.m.
and 10:00 a.m. is:
|
EMPLOYEES REPORTING TO WORK
|
NUMBER OF VEHICLES DRIVEN TO THE WORKSITE BY THESE EMPLOYEES
|
---|
MONDAY
|
300
|
200
|
TUESDAY
|
300
|
190
|
WEDNESDAY
|
300
|
210
|
THURSDAY
|
300
|
200
|
FRIDAY
|
300
|
200
|
TOTAL
|
1,500
|
1,000
|
In this example, AVR is arrived at by dividing the number of
employees reporting to work between 6:00 a.m. and 10:00 a.m. during
the survey week (1,500) by the number of vehicles driven to the worksite
between the same hours during the week (1,000):
|
1,500/1,000 = 1.5 AVR
|
A similar calculation is required for obtaining the afternoon
peak period AVR for commute trips to and from the worksite between
3:00 p.m. and 7:00 p.m.
|
AVR target.
The AVR established by this Chapter that an Employer Emission
Reduction Plan (ERP) or Developer Transportation Demand Management
(TDM) plan is expected to achieve for a particular worksite or project.
AVR verification method.
A method approved by the City for determining an employer's
current AVR, or approved by the City or SCAQMD for employers of 250
employees or more.
AVR window.
The period of time comprised of both hours and days used
to calculate AVR (i.e., 6:00 a.m. to 10:00 a.m. and 3:00 p.m. to 7:00
p.m.).
Carpool.
A motor vehicle occupied by 2 to 6 persons traveling together
to and from the worksite for the majority (at least 51%) of the total
commute.
Compressed work week.
This applies to employee(s) who, as an alternative to completing
the basic work requirements in five 8-hour workdays in one week, are
scheduled in a manner which reduces vehicle trips to the worksite.
The recognized compressed work week schedules for purposes of this
Chapter are 36 hours in 3 days (3/36), 40 hours in 4 days (4/40),
or 80 hours in 9 days (9/80).
Developer.
Any person or entity that is responsible for development
of a project that will result in the construction of 7,500 square
feet of nonresidential floor area or more, 16 residential units or
more, or mixed-use projects of 16 residential units or more with any
associated nonresidential components. The person or entity responsible
for development of a project shall be the developer and property owner.
Upon transfer of title from a property owner to a developer, the term
"developer" shall mean the property owner.
Developer TDM plan.
A trip reduction plan intended to result in a developer achieving
the applicable AVR targets specified in this Chapter.
Disabled employee.
An individual with a physical or mental impairment which
prevents the individual from traveling to and from the worksite by
means other than a single-occupant vehicle.
Emission reduction plan (ERP).
A plan intended to reduce emissions related to employee commutes
and to meet a worksite specific emission reduction target for the
subsequent year.
Emission reduction target (ERT).
The annual VOC, NOx and CO emissions required to be reduced
based on the number of employees per worksite and the employee emission
reduction factors (pounds per year per employee) specified in SCAQMD
Rule 2202-On-Road Motor Vehicle Mitigation Options Implementation
Guidelines.
Employee.
Any person employed full or part-time by a person(s), firm,
business, educational institution, nonprofit agency or corporation,
government agency or other entity. This term excludes the following:
temporary employees, field construction workers, independent contractors,
volunteers, seasonal employees and field personnel.
Employee Transportation Coordinator (ETC).
The designated person, with appropriate training as required
by the City, who is responsible for the development, administration,
implementation and monitoring of the Emission Reduction Plan. The
ETC must be at the worksite during normal business hours when the
majority of employees are at the worksite. Employers of 250 employees
or more must attend an SCAQMD ETC certification course. Employee transportation
coordinators shall participate in City-sponsored workshops and roundtables.
Employer.
Any public or private employer, including the City of Santa
Monica, having a permanent place of business in the City and employing
10 or more employees.
Field construction worker.
An employee who reports directly to work at a construction
site outside the City of Santa Monica for the entire day, an average
of at least 6 months out of the year.
Field personnel.
An employee who spends 20% or less of their work time, per
week, at the worksite and who does not report to the worksite during
peak periods for pick up and dispatch of an employer provided vehicle.
Fleet vehicles.
Any vehicles, including passenger cars, light-duty trucks
and medium duty on-road vehicles, owned or leased by an employer that
totals 4 or more vehicles.
Holiday.
Those days designated as national or State holidays, in which
the worksite is closed in observance of the holiday. An AVR survey
shall not be undertaken in any week where the following holidays occur:
New Year's Day
|
January 1
|
Martin Luther King Jr. Birthday
|
January (Third Monday)
|
Presidents' Day
|
February (Third Monday)
|
Memorial Day
|
May (Last Monday)
|
Independence Day
|
July 4
|
Labor Day
|
September (First Monday)
|
Indigenous Peoples' Day
|
October (Second Monday)
|
California Rideshare Week
|
October (First Week)
|
Veteran's Day
|
November 11
|
Thanksgiving Day
|
November (Fourth Thursday plus the Friday after)
|
Christmas Eve
|
December 24
|
Christmas Day
|
December 25
|
The days these holidays are observed may vary from year to year;
therefore it shall be the responsibility of the employer to obtain
these specific holiday dates to ensure exclusion of these weeks from
their AVR survey week. Additionally, the employer may not survey on
any week in which a religious or other holiday not listed above is
observed by the employer, resulting in closing the place of employment
for one day or more in observance of said holiday.
|
Independent contractor.
A person who enters into a direct written contract or agreement
with an employer to perform certain services and is not on the employer's
payroll. An Independent Contractor providing services to an employer
for a consecutive period of more than 6 months shall count as an employee
of the employer and shall be counted in the AVR. The Independent Contractor
shall also be considered an employee when figuring the employer annual
transportation fee.
Low-income employee.
An individual whose salary is equal to or less than the current
individual income level set in
California Code of Regulations, Title
25, Section 6932, as lower income for Los Angeles County. Higher income
employees may be considered to be "low-income" if the employee demonstrates
that the plan disincentive would create a substantial economic burden.
Monitoring.
The techniques used to assess progress towards complying
with the transportation management plan.
Multi-site employer.
Any employer which has more than one worksite within the
City of Santa Monica, or more than one worksite in the South Coast
Air Basin with one or more of those sites located in the City of Santa
Monica.
Multi-tenant worksite.
A structure, or group of structures, on one worksite where
more than one employer conducts a business.
Non-commuting AVR credit.
This credit applies to employees who arrive at the worksite
during the window for calculating AVR and remain at the worksite or
out of the SCAQMD jurisdiction for a full 24-hour period or more to
complete work assignments.
On-site coordinator.
An employee who serves as on-site coordinator at a worksite
served by a consultant ETC or for an employer with more than one worksite
located in the City of Santa Monica and has knowledge of the employer's
ERP and marketing. On-site coordinators for employers with more than
250 employees must attend a one-time SCAQMD certified training course.
The on-site coordinator is limited to program implementation rather
than program development.
Parking cash out.
Health and Safety Section 43845 that requires employers with
50 or more employees who lease their parking and subsidize all or
part of that parking to implement a parking cash-out program. Employers
who fall under the purview of parking cash out must offer their employees
the option to give up their parking spaces and receive a cash subsidy
in an amount equal to the cost of the parking space. Employers who
are subject to parking cash out requirements must implement a parking
cash out plan. Employers who do not implement a parking cash out plan
will have their emission reduction plans disapproved.
Part-time employee.
Any employee who reports to a worksite on a part-time basis
fewer than 32 hours per week but more than 4 hours per week. These
employees shall be included in the AVR calculations of the employer
provided the employees report to or leave the worksite during the
AVR window.
Peak period.
In the morning, the peak period includes the hours from 6:00
a.m. to 10:00 a.m. In the evening, the peak period includes the hours
from 3:00 p.m. to 7:00 p.m.
Peak period trip.
An employee's commute trip that begins or ends at the worksite
or a work related trip within the peak period.
Performance target zone.
A geographic area that determines the minimum employee emission
reduction factor for a particular worksite determined by the SCAQMD.
Santa Monica is located in SCAQMD Zone 2.
Planning Director.
The Director of Planning and Community Development of the
City of Santa Monica or designee.
Project commute survey.
A survey of all tenant employees of a project site to determine
property-wide AVR as part of the annual monitoring report on a Developer
TDM Plan.
Project Transportation Coordinator (PTC).
The designated person, with appropriate training as required by the City, who is responsible for the development, administration, implementation, and monitoring of the Developer TDM Plan. The PTC must be at the project site during normal business hours when the majority of employees are at the project unless alternative arrangements have been made pursuant to Section
9.53.150. PTCs shall participate in City-sponsored workshops and roundtables.
Property owner.
Any person, co-partnership, association, corporation or fiduciary
having legal or equitable title or any interest in any real property.
Ridesharing.
Any mode of transportation other than a single occupancy
vehicle that transports one or more persons to a worksite.
Single occupancy vehicle.
A privately operated motor vehicle whose only occupant is
the driver, including for hire vehicles with one passenger.
Student worker.
A student who is enrolled and gainfully employed (on the
payroll) by an educational institution. Student workers who work more
than 4 hours per week are counted for ordinance applicability and
if they report to or leave work during the AVR Window(s) are counted
for AVR calculation. Student workers are Employees within the meaning
of this Chapter.
Telecommuting.
Any employee(s) working at home, off site, or at a telecommuting
center for a full work day, eliminating the trip to work or reducing
travel distance by more than 50%.
Temporary employee.
Any person employed by an employment service or a "leased"
employee that reports to a worksite other than the employment service's
worksite, under a contractual arrangement with a temporary employer.
Temporary employees are counted as employees of the employment service
for purposes of calculating AVR. Temporary employees reporting to
the worksite of a temporary employer for a consecutive period of more
than 6 months shall count as an employee of the temporary employer
and shall be counted in the AVR. The temporary employee shall also
be considered an employee when figuring the employer annual transportation
fee.
Training provider.
A person, firm, business, educational institution, nonprofit
agency or corporation or other entity which meets the requirements
of and is certified by the South Coast Air Quality Management District
and the City of Santa Monica to provide training, as required by this
Chapter, to Employee Transportation Coordinators (ETCs).
Transit.
A shared passenger transportation service which is available
for use by the general public, as distinct from modes such as taxicabs,
carpools, or vanpools which are not shared by strangers without a
private arrangement. Transit includes buses, ferries, trams, trains,
rail, or other conveyance which provides to the general public a service
on a regular and continuing basis. Also known as public transportation,
public transit or mass transit.
Transportation allowance.
A financial incentive offered to employees instead of a parking
subsidy to provide employees flexibility in mode choice. Employees
are typically required to execute an agreement that they do not commute
in a single-occupant vehicle in order to be eligible to receive the
benefit.
Transportation demand management (TDM).
The implementation of strategies that will encourage individuals
to either change their mode of travel to other than a single occupancy
vehicle, reduce trip length, eliminate the trip altogether, or commute
at other than peak periods.
Transportation Management Organization (TMO).
Transportation Management Organizations (TMOs) are City-certified
organizations that provide transportation services in a particular
area or Citywide. They are generally public-private partnerships,
consisting primarily of area businesses with local government support.
TMOs provide an institutional framework for TDM programs and services.
Trip reduction.
The reduction in single occupant vehicle trips by private
or public sector programs used during peak periods of commuting.
Vanpool.
A van or similar motor vehicle in which 7 to 15 persons commute
to and from the worksite for the majority (at least 51%) of the commute
trip.
Vehicle.
Any passenger car or truck, including Zero Emission Vehicles
(ZEVs), used for commute purposes including any motorized two-wheeled
vehicle. Vehicles shall not include bicycles, transit services, buses
serving multiple worksites, or vehicles that stop only to load or
unload passengers or materials at a worksite while on route to other
worksites.
Vehicle trip.
The means of transportation used for the greatest distance
of an employee's commute to or from work during the peak period. Each
vehicle trip to the worksite shall be calculated as follows:
Single-occupant vehicle = 1
|
Carpool = 1 divided by the number of people in the carpool
|
Vanpool = 1 divided by the number of people in the van
|
Motorcycle, moped, motorized scooter, motorbike = 1 divided
by the number of people on the vehicle
|
Zero Emission Vehicle= 0*
|
(*Zero Emission Vehicle = 1 for Developer TDM Plans. See Section 9.53.140)
|
Public transit = 0
|
Bicycle = 0
|
Walking and other nonmotorized transportation modes = 0
|
Non-commuting = 0
|
Telecommuting = 0 on days employee is telecommuting for the
entire day
|
Compressed Work Week = 0 on employee's compressed day(s) off
|
Volunteer.
Any person at a worksite who, of their own free will, provides
goods or services, without any financial gain.
Workplace or worksite.
A building, part of a building, or grouping of buildings
located within the City which are in actual physical contact or separated
solely by a private or public roadway, and are owned or operated by
the same employer. Structures that are located more than one-half
mile away from each other must have a certified ETC or on-site coordinator
at each site.
Zero emission vehicle (ZEV).
A motor vehicle, as certified by the California Air Resources
Board (CARB), which emits no tailpipe pollutants. Employees arriving
to work in a Plug-In Hybrid Electric Vehicle (PHEV) meet the definition
of a zero emission vehicle provided that the entire trip to work is
made exclusively under electric power. This applies to plug-in vehicles
with all electric range that can travel exclusively under electric
power without use of the gasoline engine or cogeneration system.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; amended
by Ord. No. 2520CCS § 47, adopted June 14, 2016; Ord. No. 2646CCS § 4, adopted September 8, 2020)
This Chapter shall apply to Employers and Developers as defined
above. The City shall not be exempt from the requirements of this
Chapter. In accordance with the Memorandum of Understanding between
the City and the SCAQMD, government agencies located in Santa Monica
shall be exempt from this Chapter.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; Amended
by Ord. No. 2646CCS § 4, adopted September 8, 2020)
On and after January 1, 2016, Employers shall strive to achieve
and Developers shall achieve the applicable AVR Targets in this Chapter.
This Section shall not apply to residential units but shall apply
to nonresidential components of mixed-use projects. For nonresidential
uses in residential designations not represented in this Chapter,
all Employers shall achieve the lowest AVR Targets established by
this Chapter unless located in a land use designation with a higher
AVR Target.
Table 9.53.040: AVR Targets by District
|
---|
LAND USE DESIGNATION
|
EMPLOYER AND DEVELOPER AVR TARGET
|
---|
Mixed Use Boulevard: northside of Wilshire Boulevard from Lincoln
Boulevard to eastern City Limits, and southside of Wilshire Boulevard
from Lincoln Court to eastern City Limits
|
1.75
|
Mixed Use Boulevard: 4th Street from Olympic Drive to Pico Boulevard
and area bounded by Cloverfield Boulevard, Olympic Boulevard, 20th
Street and Colorado Avenue
|
2.0
|
Mixed Use Boulevard: Wilshire Boulevard from 2nd Court to 7th
Street, and Lincoln Boulevard from Wilshire Boulevard to Olympic Boulevard
|
2.2
|
Mixed Use Boulevard Low: Pico Boulevard from Main Court to Centinela
Avenue, Lincoln Boulevard from Santa Monica Freeway to Bay Street,
Main Street from Pico Boulevard to southern City Limits
|
1.75
|
Mixed Use Boulevard Low: Santa Monica Boulevard from 23rd Street
to Centinela Avenue, Broadway from Lincoln Court to 26th Street, Colorado
Avenue from Lincoln Court to Cloverfield Boulevard, Olympic Boulevard
from Euclid Court to 17th Street
|
2.0
|
Bergamot Transit Village; Mixed Use Creative; Conservation:
Art Center; Conservation: Creative Sector
|
2.0
|
Downtown Core
|
2.2
|
General Commercial: Pico Boulevard from Lincoln Boulevard to
11th Street, Lincoln Boulevard from Santa Monica Freeway to Bay Street
|
1.75
|
General Commercial: Santa Monica Boulevard from Lincoln Court
to 20th Street
|
2.0
|
Industrial Conservation: Euclid Court to Stewart Street
|
2.0
|
Neighborhood Commercial: Pico Boulevard from Main Court to Centinela
Avenue
|
1.75
|
Neighborhood Commercial: Olympic Boulevard from 14th Street
to 16th Street
|
2.0
|
Office Campus: south of Ocean Park Boulevard
|
1.75
|
Office Campus: east of Cloverfield Boulevard, north of Olympic
Boulevard
|
2.0
|
Oceanfront District, north of Santa Monica Pier
|
1.75
|
Ocean Front District, Santa Monica Pier and south
|
2.0
|
Healthcare Mixed Use
|
2.0
|
Institutional/Public Lands: bounded by Pico Boulevard, 20th
Street, Pearl Street and 16th Street
|
1.75
|
Institutional/Public Lands: bounded by Santa Monica Freeway,
Lincoln Boulevard, Pico Boulevard and Ocean Avenue
|
2.2
|
Institutional/Public Lands: other than specified above
|
1.6
|
All remaining districts
|
1.6
|
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; Amended
by Ord. No. 2646CCS § 4, adopted September 8, 2020)
A. Employer Annual Transportation Fee. There shall be an employer
annual transportation fee. All employer annual transportation fees
collected pursuant to this Chapter shall be deposited in an account
separate from the General Fund. The purpose of the employer annual
transportation fee is to pay for the costs of administration, including
TDM outreach and support and City TMO formation activities, implementation,
investigation, inspection, audit, and enforcement of this Chapter.
1. Employers
filing Emission Reduction Plans (ERPs) or Worksite Transportation
Plans (WTPs) shall pay an annual transportation fee calculated using
the following formula: Fee = (number of employees) x (employee cost
factor). The employee cost factor shall be established by resolution
of the City Council and amended each July according to the Consumer
Price Index or COLA, whichever is higher or by the resolution of the
City Council.
2. For
purposes of calculating an employer's annual transportation fee, the
definition of employee shall include full-time and part-time employees.
For purposes of calculating an employer's annual transportation fee,
the definition of an employee working at a worksite for an average
of 6 months or more shall be used.
3. Employers
shall be notified of the employer annual transportation fee when they
receive written notice to submit an ERP or WTP in accordance with
this Chapter. Employer annual transportation fees shall be due and
paid in full with the submittal of the ERP or WTP. The City shall
provide written notice of payment required by this subsection at least
90 calendar days prior to the due date.
4. Once
the employer annual transportation fee required pursuant to this Chapter
has been paid, there shall be no refunds.
5. Employers
of 30 or more employees, who implement an employee trip reduction
plan and demonstrate attainment of the applicable AVR Target shall
receive the following reductions in their employer annual transportation
fees:
a. Attainment of the applicable AVR Target for one year shall result
in a 40% reduction of employer annual transportation fees.
b. Attainment of the applicable AVR Target for 2 consecutive years shall
result in a 50% reduction of employer annual transportation fees.
c. Attainment of the applicable AVR Target for a period of 3 or more
consecutive years shall result in a 60% reduction of employer annual
transportation fees.
6. Employers
of 30 or more employees who join a TMO certified by the City, through
the procedures specified in this Chapter, shall receive a 25% reduction
in the annual employer transportation fee. This reduction shall be
in addition to any fee reduction the employer is awarded for attainment
of the applicable AVR Target. Fees charged by the TMO to employers
for its operation and administrative costs shall be separate from
the City's employer transportation fee.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; Amended
by Ord. No. 2646CCS § 4, adopted September 8, 2020)
A. Employers of 30 or more employees are required to submit to the City, within 90 calendar days of written notification, an Emission Reduction Plan (ERP) designed to reduce emissions related to employee commute trips and to meet specific emissions reduction targets specified for the subsequent year. The annual Emission Reduction Target (ERT) shall be the equivalent of the highest AVR Target in the City and shall be determined according to the SCAQMD's equation for VOC, NOx and CO, based on employee emission reduction factors specified in Chapter
V of the SCAQMD Rule 2202 Implementation Guidelines. Any employer subject to Health and Safety Section 43845 shall implement a parking cash out program. Failure to do so will result in the disapproval of an employer's ERP.
[Emission Reduction Target] = [Employees x Employee Emission
Reduction Factor]
For purposes of this calculation:
Employee = Average daily number of employees reporting
to work in the AVR window for a typical 5-day work period which does
not include those days defined as holidays.
Employee emission reduction factor = Determined by the year of the plan submittal as defined in Chapter
V of the SCQAMD Rule 2202 Implementation Guidelines.
Vehicle trip emission credits = Determined according to Chapter
V of the SCQAMD Rule 2202 Implementation Guidelines. The employer's emission reductions can be further reduced through generation of Vehicle Trip Emission Credits (VTECs) from the implementation of optional trip reduction strategies. These VTECs, obtained through peak and off-peak commute trip reductions and other work-related reductions can be applied towards meeting an employer's Emission Reduction Target (ERT). Credit for any program must go beyond the requirements of existing State and Federal programs to avoid "double counting" the emission reductions. All emission credits are valid according to the conditions, guidelines or regulations under which they were originally issued.
1. Each
employer shall choose one or more of the following options in implementing
their Emissions Reduction Plan:
a. Purchase of Mobile Source Emission Reduction Credits (MSERCs).
b. Employee Trip Reduction Plan.
B. Options for Implementing Emissions Reduction Plan.
1. Mobile Source Emission Reduction Credits (MSERCs). In order to meet their Emission Reduction Target, any employer required to submit an ERP may purchase MSERCs from a vendor based on emission reduction factors as determined by Section
9.53.060(H). A list of credit vendors can be found on the SCAQMD's website.
a. An annual plan indicating the amount of credits purchased and the
amount of emissions reduced must be submitted to the City each year.
b. MSERCs must be transferred to the City MSERC account no later than
180 calendar days after the approval of the ERP by the City.
2. Employee Trip Reduction Plan. Employers who
choose this option shall prepare, implement and monitor Employee Trip
Reduction Plans (ETRP) for transportation demand management, transportation
system management and transportation facility development which will
be reasonably likely to result in the attainment of the applicable
AVR Target in this Chapter. The ETRP shall be submitted in a form
approved by the City and shall be reviewed and approved by the Planning
Director before it is effective.
a. The ETRP shall include strategies designed to encourage employees
to rideshare during the morning and evening AVR windows and shall
be made available to all employees upon hire and every year thereafter
along with the employer's most recent ETRP annual report.
b. The ETRP shall consist of a report that:
i. Calculates and documents AVR levels for morning and evening peak
periods;
ii. Lists plan incentives and a schedule for their implementation, including
a mandatory guaranteed ride home program which provides an employee
who rideshares a ride home in the event of an emergency or unplanned
overtime with no cost to the employee;
iii. Determines a marketing strategy for the plan year, including mandatory
new hire orientation which informs employees of the employer's ERP
strategies at the time of hire, or new employee orientation;
iv. Determines the use of worksite parking facilities to achieve rideshare
and transit objectives (i.e., number of reserved spaces for carpools,
vanpool, etc.);
v. Lists the bicycle paths, routes, and facilities within one-half mile
of the worksite;
vi. Lists the public transit services within one-half mile of the worksite;
vii. Provides a general description of the type of business;
viii.
Includes a sample of the employee AVR survey, or other mechanism
approved by the City. This survey must not be more than 6 months old.
For employers with 250 or more employees, the survey must conform
with SCAQMD requirements. The survey must be taken over 5 consecutive
days during which the majority of employees are scheduled to arrive
at or leave the worksite. The survey week cannot contain a holiday
and cannot occur during "Rideshare Week" or other "event" weeks (i.e.,
Bicycle Week, Walk to Work Week, Transit Week, etc.). This survey
must have a minimum response rate of 75% of employees who report to
or leave work between 6:00 a.m. and 10:00 a.m., inclusive, and 75%
response rate for employees who report to or leave work between 3:00
p.m. and 7:00 p.m., inclusive. Employers that achieve a 90% or better
survey response rate for the a.m. or p.m. window may count the "no
survey responses" as "other" when calculating their AVR. Employers
that receive a survey response rate between 75% and 89% shall calculate
the "no survey response" as "drive alone" when calculating their AVR;
ix. Provides the contact information including name, e-mail address and
proof of certification of the employee transportation coordinator
who is responsible for implementation and monitoring of the plan;
x. Provides the contact information including name and e-mail address
of the on-site coordinator (if different from the ETC) for each site
who is responsible for implementation and monitoring of the plan;
xi. Identifies the objectives of the plan and provides an explanation
of why the plan is likely to achieve the applicable AVR target;
xii. Includes a parking cash out plan if required by Health and Safety
Code Section 43845;
xiii.
Includes a management commitment cover letter signed by the
highest ranking official on site, or the executive responsible for
allocating the resources necessary to implement the plan. This letter
shall include a commitment to fully implement the program and state
that all data is accurate to the best of the employer's knowledge.
c. The ETRP shall be updated every 12 months with an annual report submitted
on the anniversary date of the initial plan approval date. The annual
ETRP shall include the following:
i. AVR calculations and documentation for the plan year;
ii. Lists plan strategies, changes to plan strategies, and a schedule
for their implementation, including a mandatory guaranteed ride home
program which provides an employee who rideshares a ride home in the
event of an emergency or unplanned overtime with no cost to the employee;
iii. Determines a marketing strategy, indicating changes from the previous
plan year, and includes mandatory new hire orientation which informs
employees of the employer's emission reduction plan strategies at
the time of hire, or new employee orientation;
iv. Determines the use of worksite parking facilities to achieve rideshare
and transit objectives (i.e., number of reserved spaces for carpools
and vanpool, etc.);
v. Lists the bicycle paths, routes, and facilities within one-half mile
of the worksite;
vi. Lists public transit services within one-half mile of the worksite;
vii. Provides a general description of the type of business;
viii.
Includes a sample of the employee survey for the plan year as described in subdivision (2)(b)(viii) of this subsection
B;
ix. Provides the contact information including name, e-mail address and
proof of certification of the employee transportation coordinator
who is responsible for the preparation, implementation and monitoring
of the plan;
x. Provides the contact information including name and e-mail address
of the on-site coordinator (if different from the ETC) for each site
who is responsible for the implementation and monitoring of the plan;
xi. Identifies the objectives of the plan and provides an explanation
of why the plan is likely to achieve the applicable AVR target;
xii. Includes a parking cash out plan if required by Health and Safety
Code Section 43485;
xiii.
Includes a management commitment letter as defined in subdivision (2)(b)(xiii) of this subsection
B; and
xiv. Includes updates and revisions to the ETRP as the Planning Director
deems appropriate, if the annual report indicates that the goals of
the previously approved ETRP have not been met.
d. The procedure for calculating AVR at a worksite shall be as follows:
i. The AVR calculation shall be based on data obtained from an employee survey as defined in subdivision (2)(b)(viii) of this subsection
B.
ii. AVR shall be calculated by dividing the number of employees who report
to or leave the worksite by the number of vehicles arriving at or
leaving the worksite during the peak periods. If an employee uses
more than one commute mode per trip, the mode that is used for the
majority of the trip shall be the mode that is used in calculating
the number of vehicles. All employees who report to or leave the worksite
that are not accounted for by the employee survey shall be calculated
as one employee per vehicle arriving at or leaving the worksite. Employees
walking, bicycling, telecommuting, using public transit, arriving
at the worksite in a zero-emission vehicle, or on their day off under
a recognized compressed work week schedule shall be counted as arriving
at or leaving the worksite without vehicles. Motorcycles shall be
counted as vehicles. AVR survey reporting errors resulting from missing
or incorrect information must be calculated as one employee per vehicle
arriving at the worksite. Reporting errors that do not include the
time when an employee arrives at or leaves the worksite must be assumed
to occur in the peak period.
iii. A child or student may be calculated for the AVR as an additional
passenger in the carpool/vanpool if the child or student travels in
the car/van to a worksite or school/childcare facility for the majority
(at least 51%) of the total commute.
iv. If 2 or more employees from different employers commute in the same
vehicle, each employer must account for a proportional share of the
vehicle consistent with the number of employees that employer has
in the vehicle.
v. Any employee dropped off at a worksite shall count as arriving in
a carpool only if the driver of the carpool is continuing on to the
driver's worksite.
vi. Any employee telecommuting at home, off site, or at a telecommuting
center for a full work day, eliminating the trip to work or reducing
the total distance by at least 51% shall be calculated as if the employee
arrived at the worksite in no vehicle.
vii. Zero emission vehicles (electric vehicles) shall be counted as zero
vehicles arriving at the worksite.
e. Employers must keep detailed records of the documents which verify
the average vehicle ridership calculation for a period of 3 years
from plan approval date. Records which verify strategies in the ETRP
have been marketed and implemented shall be kept for a period of at
least 3 years from plan approval date. Approved ERPs must be kept
at the worksite for a period of at least 5 years from plan approval
date. For employers who implement their plans using a centralized
rideshare service center, records and documents may be kept at a centralized
location. Failure to maintain records or falsification of records
will be deemed a violation of this Chapter.
f. AVR Performance Requirement for Employers Submitting an ETRP. Employers who submit an ETRP to the City that does not meet the
applicable AVR Target for the a.m. and p.m. peak period must implement
a Good Faith Effort Plan in accordance with the following requirements:
i. Employers shall maintain all currently approved good faith plan strategies
during the plan compliance year until a new ETRP is approved.
ii. Deletion or substitution of any plan strategies is not allowed unless
approved by the Planning Director in writing.
iii. Unless otherwise stated, strategies must be implemented in such a
way that they are reasonably likely to improve AVR. Employers must
continue to demonstrate a good faith effort towards achieving the
applicable AVR target for the peak period. If a worksite AVR decreases
or does not improve from the previously submitted plan, the selection
of strategies must be modified, and the number of strategies increased.
g. Good Faith Effort Determination Elements. Employers
submitting an ETRP who do not attain their applicable AVR Targets
in the a.m. and p.m. peak periods shall comply with the following
requirements:
i. Employers must implement at least 5 of the following marketing strategies:
(1)
Attendance at a City-approved marketing class, at least annually.
(2)
Direct communication by the highest ranking official at the
site, at least annually.
(3)
Employer newsletter (hard copy or electronic) with rideshare
content distributed at least quarterly.
(4)
Flyers, announcements, memos or e-mails sent to employees at
least quarterly.
(5)
Company recognition of ridesharing at least annually.
(6)
Employer rideshare events, at least annually.
(7)
Rideshare bulletin board, kiosk, electronic exchange center,
or information center, updated at least quarterly.
(8)
New hire orientation (mandatory).
(9)
Rideshare meetings or focus groups, at least semi-annually.
(10)
Rideshare website, updated at least quarterly.
(11)
Other marketing strategies that have been approved by the Planning
Director and the SCAQMD as appropriate.
ii. Employers must implement at least 5 of the following basic support
strategies:
(3)
Guaranteed Ride Home Program (mandatory).
(4)
Personalized commute assistance.
(5)
Transit Information Center, updated at least quarterly.
(6)
Free introductory transit pass.
(7)
Preferential parking for carpools and vanpools.
(8)
Ride matching, at least annually.
(9)
Other basic support strategies that have been approved by the
Director and the SCAQMD as appropriate.
iii. Employers must implement at least 5 of the following direct strategies:
(1)
Auto services (minimum dollar amount per employee per year will
be indicated in ETRP forms).
(4)
Compressed work week schedule.
(5)
Employee clean vehicle purchase program.
(6)
Off-peak rideshare program.
(8)
Discounted or free meals (minimum dollar amount per employee
per year will be indicated in ETRP forms).
(9)
Direct financial incentives.
(10)
Gift certificates (minimum dollar amount per employee per year
will be indicated in ETRP forms).
(11)
Parking charge or transportation allowance.
(12)
Parking cash out program.
(13)
Off-peak trip reduction program.
(15)
Prize drawings, at least quarterly.
(19)
Other direct strategy programs that have been approved by the
Planning Director and the SCAQMD.
C. Employer Clean Fleet Vehicle Purchase/Lease Program. Employers
of 250 employees or more at a worksite who utilize fleet vehicles
for operations in the SCAQMD jurisdiction shall agree to acquire fleet
vehicles that have emissions that are equivalent to or better than
super low emission vehicle (SULEV) medium-duty trucks, ultra-low emission
vehicle (ULEV) passenger cars or, ULEV light-duty trucks which meet
CARB guidelines. Employers shall submit an employer clean fleet plan
by completing the form provided by the City and submit it with their
ERP if the employer operates fleet vehicles. SCAQMD Rule 1191 vehicle
definitions are applicable for purposes of this strategy. Acquired
fleet vehicles can include vehicles that have been purchased, leased
for a term exceeding 4 consecutive months, or donated, either new
or used. For the purposes of this provision, fleet is defined as 4
or more vehicles and a vehicle lease is for a term exceeding 4 consecutive
months. The provisions of this strategy shall not apply to the following:
1. Emergency
or rescue vehicles operated by local, State and Federal law enforcement
agencies, Police and Sheriff's Department, Fire Department, hospital,
medical or paramedic facilities, and used for responding to situations
where potential threats to life or property exist, including, but
not limited to, fire, ambulance calls, or life-saving calls as defined
in Section 165 of the California
Vehicle Code and are equipped with
emergency lights and sirens.
2. Vehicles
used by law enforcement agencies for undercover operations.
3. Heavy-duty
on-road vehicles.
4. Employer
fleets consisting of evaluation or test vehicles provided or operated
by vehicle manufacturers for testing or evaluations, exclusively.
5. Specialized
vehicles that incorporate specially designed safety and security features
for the protection of employees during transit.
6. Non-passenger
military vehicles.
7. Donated
vehicles for the first 180 days of inclusion in the employer's fleet.
At the end of 180 days employers may include the vehicle into their
fleet only if it meets the emission standard requirement of this Chapter.
8. If
no comparable vehicles are available to address any performance requirements,
the Planning Director, with approval of the SCAQMD, may approve use,
on a case-by-case basis of non-SULEV or better vehicles.
9. Employers
currently subject to SCAQMD Rule 1191 shall be deemed in compliance
with this provision.
D. Mobile Source Diesel PM/NOx Emission Minimization. Employers
of 250 employees or more shall submit a diesel PM/NOx emission minimization
plan form provided by the City with their ERP if the annual plan submittal
includes 1,000 or more a.m. peak period employees and the employer
owns or operates mobile diesel equipment that operates exclusively
and is located more than 12 consecutive months at that worksite. For
multi-site employers this provision applies only to those individual
sites with 1,000 or more employees in the a.m. peak period. Examples
of on-site mobile sources include, but are not limited to, riding
lawn mowers, yard hostlers, forklifts, or man-lifts. When implementing
this strategy, the following requirements apply:
1. The
employer shall submit a triennial diesel emission audit report that
includes, at a minimum, an inventory of mobile diesel equipment, fuel
usage, and use of control technologies, if any (e.g., clean fuels,
engine modification, and after-treatment equipment). The triennial
report is due the same time as the employer's ERP.
2. The
employer shall implement technically feasible control strategies as
identified in the plan approved by the Planning Director and the SCAQMD,
provided the sum of the annualized capital costs and the annual operating
and maintenance costs do not exceed the cost per number of a.m. peak
period employees, according to the following schedule:
Mobile Source Diesel Emission Minimization Plan Maximum Cost
per Worksite
|
---|
Number of a.m. Peak Period Employees
|
Maximum Cost
|
---|
1,000-1,499
|
$9,000
|
1,500-1,999
|
$13,400
|
2,000-2,499
|
$17,900
|
2,500-2,999
|
$22,400
|
3,000-3,499
|
$26,900
|
3,500-3,999
|
$31,400
|
4,000-4,499
|
$35,800
|
4,500-4,999
|
$40,300
|
5,000-5,499
|
$44,800
|
5,500-5,999
|
$49,300
|
6,000-6,499
|
$53,800
|
6,500-6,999
|
$58,200
|
7,000-7,499
|
$62,700
|
7,500-7,999
|
$67,200
|
8,000-8,499
|
$71,700
|
8,500-8,999
|
$76,200
|
9,000-9,499
|
$80,700
|
9,500-9,999
|
$85,100
|
10,000 and up
|
$89,600
|
a. City staff will assist employers in submitting their Mobile Source
Diesel Emission Minimization Plan to the SCAQMD for approval. Feasible
minimization strategies shall be identified as conditions in the approved
plan. Employers shall implement the plan expeditiously, but not later
than 2 years from the date of the Diesel Emission Minimization Plan's
approval.
b. In conducting the cost analysis, the following methodology will be
followed: The cost of a diesel emission control technology consists
of capital costs and/or annual operating and maintenance costs. Capital
costs will be annualized over the equipment life or a 10-year default
life may be applied with a 4% real interest rate. Capital costs are
one-time costs; examples include the price of control equipment, engineering
designs and installations, if applicable. Operating and maintenance
costs are annual reoccurring costs and include expenditures on utilities,
labor and material costs associated with control equipment operation.
i. The cost analysis is calculated according to the following equation:
Annualized Project Cost = (Capital Cost*CRF) = O & M
|
Where:
|
Capital Cost = One-time cost of equipment, design and installation
|
CRF = Capital Recovery Factor. For a 10-year default life with
a 4% real interest rate the CRF is 0.123
|
O & M = Operation and maintenance costs for one year
|
ii. Typical capital costs and operating and maintenance costs for off-road
emission control strategies are listed below:
CAPITAL COSTS
|
O & M COSTS
|
---|
Purchased Equipment Device/Cost
|
Fuel Costs
|
New Off-Road Vehicle
|
Labor Costs for Maintenance
|
New Diesel Engines
|
Maintenance Materials
|
Alternative Fueling Stations
|
Replacement Plan
|
Diesel Particulate Filters
|
Any Savings
|
Engine Catalysts
|
|
Direct & Indirect Installation Costs
|
|
Engineering/Design
|
|
Construction
|
|
Only the incremental costs between new and existing equipment/devices
should be accounted for.
|
c. Employers may appeal the conditions of diesel minimization plan in
writing first to the City and then to the SCAQMD Hearing Board pursuant
to SCAQMD Rule 216-Appeals.
d. Approval of the diesel minimization plan shall be subject to provisions
of SCAQMD Rule 221-Plans.
E. MSERCs Minimum Requirements. Employers implementing Mobile
Source Emission Reduction Credits as defined in this Chapter must
meet the minimum plan requirements:
1. AVR Survey. Conduct an AVR survey in accordance
with the requirements of this Chapter.
a. Employers must survey employees in both the a.m. and p.m. peak periods.
b. Employers who do not meet their peak period targets for the a.m.
and/or p.m. window must purchase the appropriate amount of MSERCs
to bridge the gap in the applicable AVR Target shortfall.
2. Marketing Plan. Employers shall include a
marketing plan to educate employers about alternative commute options
by making information available to employees.
a. Information shall be updated annually and include, at a minimum:
i. A rideshare bulletin board, kiosk or a rideshare page on a company
website, updated quarterly;
ii. Rideshare options and information presented to employees as a part
of new hire orientation;
iii. A Customer Incentive Plan that provides clients and visitors with
information about how to access the site using green commute modes
such as transit, walking, and biking. This information shall be placed
in the lobby, reception area, cash register area and on the employer's
website and shall include, but not be limited to: bus and transit
routes within one-half mile of the site, bicycle parking and bicycle
facilities within one-half mile of the site, optional incentives to
encourage customers to use green commute modes (discounts, drawings,
etc).
3. Employers
who fall under the requirements of parking cash out shall include
a parking cash out plan. If a parking cash out plan is not included,
the ERP shall be disapproved.
F. Extensions. In the event that an employer reasonably needs
more time to submit an emission reduction plan, a written request
for extension may be filed with the Planning Director. All requests
must be received by the City no later than 15 business days prior
to the plan due date. Such requests must be made in writing and shall
state why such extension is requested, what progress has been made
toward developing the ERP, and for what length of time the extension
is sought. The Planning Director shall notify the employer in writing
whether or not the extension has been granted within 15 business days
of receipt of a written request for extension.
1. An
employer may request an extension of up to 60 calendar days for the
initial submittal of a plan.
2. An
employer may request an extension of up to 30 calendar days to complete
a revised plan.
3. The
Director, at his or her discretion, may grant extensions beyond 60
calendar days for good cause. Each employer's request shall be reviewed
on an individual basis.
G. Plan Revisions. An approved ERP may be revised between plan
submittal dates by submitting a plan revision in writing to the City.
Any changes to an approved plan which is in effect must be submitted
in writing to the Planning Director.
1. If
the Director determines that the ERP marketing strategy is not being
carried out to the fullest extent, the City may require the employer
to submit quarterly marketing reports that include examples of the
marketing strategies implemented for each quarter.
2. If
the Director determines that the ERP marketing strategy is not effective,
the City may require the employer to submit quarterly progress reports
that demonstrate the effectiveness of such strategies.
3. If
it is necessary for an employer to amend an ERP before the plan can
be approved, the employer shall have 15 business days from the date
of written notice in which to submit amendments to the Planning Director.
Employers failing to submit the amendments shall have their ERP disapproved.
4. An
ERP will be disapproved if the program demonstrates a disproportionate
impact on minorities, women, low-income or disabled employees.
5. If
a final determination that an element of an approved ERP violates
any provision of the law issued by any agency or court with jurisdiction
to make such determinations, then the employer shall, within 45 calendar
days, submit a proposed plan revision to the Director which shall
be designed to achieve an AVR equivalent to the previously approved
plan.
H. Employee Transportation Coordinators. Employers of 30 or more
employees, shall designate a certified employee transportation coordinator
(ETC) or an ETC and an on-site coordinator for each worksite included
in the emission reduction plan.
1. An
employer may elect to use a consultant ETC or TMO certified in accordance
with this Chapter in lieu of an ETC; provided the consultant ETC or
the TMO staff have received certified training and the site maintains
an on-site coordinator.
2. If
the absence of a certified ETC, consultant ETC, or on-site coordinator
exceeds 8 consecutive weeks, a substitute ETC or on-site coordinator
at the same level must be designated and trained. Written notice of
such a change must be submitted to the Planning Director with proof
of training no later than 12 weeks after the beginning of the absence.
3. ETCs
are not required to attend yearly update training.
I. Emission Reduction Factors. The employee emission reduction
factors (pounds per employee per year) used in calculations pursuant
to this ordinance and SCAQMD Rule 2202 are specified in Rule 2202-On-Road
Motor Vehicle Mitigation Options Implementation Guidelines and shall
be used in calculations pursuant to this rule. The employee emission
factors shall be revised upon EPA's final approval for use of the
California Air Resources Board (CARB) approved on-road mobile source
emission factor (EMFAC) model.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; Amended
by Ord. No. 2646CCS § 4, adopted September 8, 2020)
A. All employers of 10 to 29 employees shall be required to attend a City-sponsored training seminar upon written notification in accordance with Section
9.53.080 and submit a Worksite Transportation Plan (WTP) to the City in accordance with the procedures set forth in this Chapter. The plan shall include at a minimum:
2. The
contact information including name and title and e-mail address of
the highest ranking official at the site.
3. The
contact information including name, e-mail address and phone number
of the designated on-site contact who has attended a City-sponsored
training program and is responsible for the implementation of the
WTP.
4. The
number of employees at the site.
5. Description
of the type of business.
6. Description
of any on-site amenities.
7. Location
of the kiosk or bulletin board and a description of the information
displayed.
8. Lists
of the public transit services within one-half mile of the worksite.
9. Lists
of the bicycle paths, routes, and facilities within one-half mile
of the worksite.
10. Management commitment letter signed by the highest ranking official
at the site.
11. A Customer Incentive Plan that provides clients and visitors with
information about how to access the site using green commute modes
such as transit, walking, and biking. This information shall be placed
in the lobby, reception area, cash register area and on the employer's
website and shall include, but not be limited to: bus and transit
routes within one-half mile of the site, bicycle parking and bicycle
facilities within one-half mile of the site, optional incentives to
encourage customers to use green commute modes (discounts, drawings,
etc).
B. Employers
of 10 to 29 employees shall make, at a minimum, the following information
available to each employee:
1. Carpooling/vanpooling
information including information about the services provided by the
regional ridesharing agency and their phone number and website address.
2. Transit
schedules and fare media purchase information.
3. Information
on air pollution and options to driving to work alone.
4. Bicycle
route and facility information, including regional/local bicycle maps.
Locations of nearest bicycle racks, or locker storage facilities,
and bicycle safety information.
5. Information
on walking to work and pedestrian safety.
6. Make
information available to new employees upon date of hire.
7. Services
provided by certified TMO, where available.
C. Employers
shall submit yearly an updated WTP in accordance with this Section.
Employers who fail to submit an initial plan, or updated plan when
required, shall be in violation of this Chapter.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; Amended
by Ord. No. 2646CCS § 4, adopted September 8, 2020)
A. Any
employer who establishes a new worksite in the City of Santa Monica,
or whose employee population increases to more than 10, will be required
to submit an ERP or WTP to the City of Santa Monica. Employers are
required to provide notice to the Planning Director within 30 calendar
days of establishing a new worksite, or increasing employee population.
The notice shall be written, and include the employer's name, the
business and mailing address, the number of employees reporting to
the worksite and the name of the highest ranking official at the worksite.
Upon receipt of the notice, the City shall provide written notification
to the employer and 90 calendar days thereafter the employer shall
submit a plan and shall be subject to all provisions of this Chapter.
B. Any
employer who has submitted a plan pursuant to this Chapter and whose
employee population falls to fewer than 10 employees for a 6-month
period, calculated as a monthly average, may submit a written request
to the Planning Director to be exempt from this Chapter. The employer
must submit documentation which demonstrates an employee population
of less than 10 employees. Such demonstration could be made by payroll
records or other appropriate documentation.
C. Employers with 30 or More Employees.
1. All
employers with 30 or more employees, located within the City of Santa
Monica and subject to this Chapter, shall submit to the City, within
90 calendar days of receipt of written notice to implement an ERP
designed to reduce emissions related to employee commutes and to meet
a worksite specific Emission Reduction Target (ERT) specifying pounds
of emissions per employee for the subsequent year.
2. Employers
required to submit an ERP shall identify measures in their ERP that
will result in attainment of their emission reduction targets through
the Emission Reduction Plan specified in this Chapter within 90 calendar
days of written notification by the City.
D. Employers of 10 to 29 Employees. Employers of 10 to 29 employees
are required to submit WTPs as defined in this Chapter within 60 calendar
days of written notification by the City.
E. Multi-Site Employers of 250 or More Employees.
1. Multi-site
employers of 250 or more employees, with one or more sites located
outside the City of Santa Monica, but within the South Coast Air Basin
and subject to SCAQMD Rule 2202, have the option of filing a Rule
2202 plan with the SCAQMD, or filing an ERP with the City of Santa
Monica. Employers choosing to file a Rule 2202 plan with the SCAQMD
will be required to notify the Planning Director in writing no later
than 15 business days prior to the plan due date.
2. Multi-site
employers of 250 or more employees, with worksites owned or leased
by the same employer and located wholly within the City of Santa Monica,
upon the Planning Director's approval of a written request, may submit
a single ERP or WTP encompassing all worksites.
F. All
employer ERPs and WTPs shall be consistent with any plans previously
submitted by the developer of the property at which the worksite is
located, provided however, that where requirements of this Chapter
are more stringent, the requirements of this Chapter shall apply.
G. If an
employer's ERP or WTP due date falls on a day City Hall is normally
closed (i.e., weekend, holiday, 9/80 Friday off), the employer may
submit the ERP or WTP on the first business day after the plan due
date.
H. If an
ERP or WTP is mailed to the City, the plan must be postmarked on or
before the plan due date. If the plan is postmarked after the plan
due date, the plan shall be considered late and the employer shall
be charged a penalty of 25% of the total Employer Annual Transportation
Fees and forfeit any discount given for attainment of the applicable
AVR target in the a.m. and p.m. windows.
I. After
an employer submits a plan, the Planning Director must either approve
or disapprove the plan within 90 calendar days for an ERP and within
60 calendar days for a WTP.
1. Written
notice of approval or disapproval shall be given. If the plan is disapproved,
the reasons for disapproval shall be given in writing to the employer.
2. Once
the plan is approved, the employer will have 60 calendar days from
the date of approval to implement all aspects of the plan.
3. Any
plan disapproved by the Planning Director must be revised by the employer
and resubmitted to the Planning Director within 30 calendar days of
written notice of disapproval or the employer shall be deemed in violation
of this Chapter. The City has 90 calendar days to review the resubmitted
plan.
4. Upon
receipt of the second disapproval written notice, and until such time
as a revised plan is submitted to the Planning Director, the employer
is in violation of this Chapter.
J. An approved
ERP or WTP may be revised between plan submittal dates by submitting
a plan revision in writing to the Planning Director. The revision
shall not be effective until approved by the Planning Director.
K. Employers
who relocate to another worksite within the City of Santa Monica shall
notify the City in writing of relocation within 30 calendar days.
The City shall notify the employers in writing to submit an updated
version of the employee profile and worksite analysis of the ERP or
WTP.
L. No employer
of 250 or more employees shall be responsible for complying with this
Chapter if the City and the SCAQMD have an agreement which provides
an exception to those employers from the requirements of filing a
Rule 2202 plan with the SCAQMD. If at any time the City fails to meet
its obligation under the executed agreement, employers of 250 or more
employees in the City shall be released from this Chapter and shall
be subject to compliance with the SCAQMD Rule 2202 requirements.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; Amended
by Ord. No. 2646CCS § 4, adopted September 8, 2020)
From September 24, 2020 through September 24, 2024, the requirement
for the filing of a Worksite Transportation Plan shall be suspended
for all employers and the requirement for the filing of an Emission
Reduction Plan shall be suspended for employers with 49 or fewer employees.
(Added by Ord. No. 2646CCS §
4, adopted September 8, 2020)
A. Audits.
1. City Audits. The City shall perform audits
on a selective basis. Employers shall receive at least 5 days' written
notice of such an audit. An audit may include, but shall not be limited
to, an on-site inspection and demonstration that an employer is performing
the on-going monitoring required by this Chapter.
2. Compliance Inspection. Any employer subject
to this Chapter is subject to a compliance inspection. This inspection
will require access to records that demonstrate implementation and
monitoring of the employer's Emission Reduction Plan.
B. Violations of this Chapter.
1. No
business license shall be renewed if an employer has not paid the
fees required by this Chapter.
2. Failure
to submit an initial plan when due, annual report and plan update
when due, or mandatory plan revisions when due, or failure to implement
provisions of an approved plan as set forth in the plan implementation
schedule, failure to keep records, falsification of records, failure
to have a certified ETC or designated on-site coordinator on site
if required, or failure to submit proper fees in accordance with this
Chapter is a violation of this Chapter. Additionally, upon receipt
of a second disapproval notice and until such time as a revised plan
is approved by the City, the employer shall be deemed in violation
of this Chapter.
3. If
an employer chooses the employee trip reduction option and complies
with all provisions of the approved plan but fails to meet the applicable
AVR targets, that is not a violation of this Chapter, however, the
City shall require the employer to provide additional incentives and
marketing strategies in the ETRP with the goal of increasing the employer's
AVR. Failure to obtain an approved updated plan shall be a violation
of this Chapter.
4. If
an employer chooses any emission reduction option (excluding the employee
trip reduction option), the employer must meet the required emission
reduction targets for that plan year. Failure to do so will be considered
a violation of this Chapter.
5. Each
day an employer violates the provisions of this Chapter or the terms
and conditions of any approved ERP or WTP shall constitute a separate
violation.
C. Enforcement Actions. In addition to any other remedy provided
for by law, the City may take the following actions for violations
of this Chapter or the terms and conditions of any approved ERP or
WTP.
1. Require
the addition of elements to a WTP and ERP submitted by an employer.
2. Revoke
any approval of an ERP or WTP.
3. Revoke
the business license held by any violator.
4. Impose administrative remedies as provided for in Chapter
1.09 or
1.10.
5. Any
person violating any provision of this Article of the Municipal Code
shall be guilty of an infraction, which shall be punishable by a fine
not exceeding $250.00, or a misdemeanor, which shall be punishable
by a fine not exceeding $1,000.00 per violation, or by imprisonment
in the County Jail for a period not exceeding 6 months, or by both
such fine and imprisonment.
6. Any
person convicted of violating any provision of this Chapter shall
be ordered to reimburse the City its full investigative costs.
7. Notwithstanding
any other provisions of this Chapter regarding penalties for enforcement
actions or for violations, for violators with 250 or more employees,
the City, in addition to any other remedies under this Chapter, shall
refer the matter to the SCAQMD for appropriate action in accordance
with the Memorandum of Understanding executed between the City and
the SCAQMD.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; Amended
by Ord. No. 2646CCS § 4, adopted September 8, 2020)
A. Disapproval
of an ERP or WTP by the Director's designee, including a revision
of such a plan, may be appealed to the City.
B. An appeal
of an action by the Director's designee shall be filed with the Department
of Planning and Community Development within 10 calendar days following
the date of the action from which an appeal is taken. If no appeal
is timely filed, the action taken by the Director's designee shall
be final.
C. A hearing
on an appeal shall be scheduled within 60 calendar days of the date
of filing an appeal. Notice of an appeal hearing shall be mailed to
the appellant not less than 10 calendar days prior to the hearing
scheduled before the Director or Hearing Officer.
D. A written
decision on an appeal shall be issued 30 calendar days from the date
of the hearing.
E. An action
by the Director's designee that is appealed to the Director or Hearing
Officer shall not become effective unless and until approved by the
Director or Hearing Officer.
F. A decision
of the Director or Hearing Officer shall be final except for judicial
review and there shall be no appeal to the Commission or City Council.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; amended
by Ord. No. 2520CCS § 48, adopted June 14, 2016; Ord. No. 2646CCS § 4, adopted September 8, 2020)
A. Developer Annual TDM Fee. An annual developer TDM fee shall
be required for developers of projects that will result in the construction
of:
1. Nonresidential
projects: 7,500 square feet or more.
2. Residential
projects: 16 or more residential units.
3. Mixed-use
projects: 16 or more residential units with any associated nonresidential
floor area or 7,500 sf or more of nonresidential floor area with any
number of residential units.
B. Developer
TDM fees collected pursuant to this Chapter shall be deposited into
an account separate from the General Fund. The purpose of the developer
TDM fee is to pay for the cost of administration, including TDM outreach
and support and City TMO formation activities, implementation, investigation,
inspection, audit, and enforcement of this Chapter. The fee shall
be established by resolution of the City Council and amended from
time to time and shall be payable prior to issuance of Certificate
of Occupancy and annually thereafter.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; Amended
by Ord. No. 2646CCS § 4, adopted September 8, 2020)
A. Preliminary TDM Plan Required. Developers shall be required to submit a Preliminary Developer TDM Plan meeting the requirements of Section
9.53.130(A), with the exception of paragraphs (3), (4), and (7), at the time of application for the project's planning entitlement.
B. Time Limits for Review. The Planning Director shall provide
initial comments to the developer on the Preliminary Developer TDM
Plan within 30 calendar days of application submittal.
C. Approval Required. The Planning Director shall approve or
disapprove the Preliminary Developer TDM Plan prior to project approval
by the Planning Division, Planning Commission, or the City Council,
based on the following findings:
1. Inclusion
of all applicable components of a Developer TDM Plan in this Chapter.
2. Whether
the Developer TDM Plan clearly outlines site-specific strategies.
3. Likelihood
of program measures to achieve applicable AVR Target.
D. Notice. Notice of approval or disapproval shall be given in
writing to the developer. Any plan disapproved by the Planning Director
must be revised by the developer and resubmitted to the City within
30 calendar days of the notice of disapproval.
E. Physical Components. Prior to issuance of a building permit,
physical components of the Plan must be shown on the construction
drawings and be approved by the Planning Director.
F. Final TDM Plan Required. Prior to issuance of a Certificate of Occupancy, a Final Developer TDM Plan in accordance with Section
9.53.130 shall be submitted for review and approval by the Planning Director. The Final Developer TDM Plan shall also be recorded against the property to ensure compliance with this Chapter.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; Amended
by Ord. No. 2646CCS § 4, adopted September 8, 2020)
A. Developer TDM Plan Format. The Developer TDM Plan shall result
in the Developer achieving the applicable AVR Target in this Chapter
and shall include:
2. Site
conditions that affect commute travel.
3. Statement
of commitment from the property owner to:
a. Conduct annual surveys in conformance with this Chapter to determine
vehicle trip behavior including collection of data on employee means
of travel, arrival time, and interest in information on ridesharing
opportunities (this shall not be applicable to residential units);
b. Monitor Developer TDM Plan; and
c. Report annually in a manner required by this Chapter.
4. Annual
budget to implement Developer TDM Plan.
5. Duties,
responsibilities, and qualifications of a certified PTC.
6. Developer
TDM Plan program measures.
7. Implementation
strategy that specifies how the Developer TDM Plan will be implemented,
monitored, and who will be responsible for submitting annual status
reports to the City.
B. Physical and Programmatic Elements. The Developer TDM Plan
program measures shall include the following:
1. Physical Elements. In addition to all physical facility improvements required by Chapter
9.28, Parking, Loading, and Circulation, the following additional physical elements shall be required to be implemented by the Developer to the satisfaction of the City:
a. On-Site Transportation Information. On-site transportation
information located where the greatest number of employees, visitors,
and residents are likely to see it. Such transportation information
may be provided in an on-site physical location, such as a bulletin
board or kiosk, or through other media, such as on a website or other
digital means. Information shall include, but is not limited to, the
following:
i. Current maps, routes and schedules for public transit routes within
one-half mile of the project site.
ii. Transportation information including regional ridesharing agency,
local transit operators, and certified TMO where available.
iii. Ridesharing promotions material supplied by commuter-oriented organizations.
iv. Bicycle route and facility information, including rental and sales
locations, regional/local bicycle maps, and bicycle safety information
within one-half mile of the project site.
v. A list of facilities available for carpoolers, vanpoolers, bicyclists,
transit riders and pedestrians at the site.
vi. Walking and biking maps for employees and visitors, which shall include,
but not be limited to, information about convenient local services
and restaurants within walking distance of the project.
vii. Information to commercial tenants and employees of the project regarding
local rental housing agencies.
2. Programmatic Elements. Additional programmatic
elements shall also be included in the Developer TDM Plan program
measures based on the type of development as follows:
a. Project Transportation Coordinator. A designated
Project Transportation Coordinator shall manage all aspects of the
Developer TDM Plan and participate in City-sponsored workshops and
information roundtables. The PTC shall be responsible for making available
information materials on options for alternative transportation modes
and opportunities particularly programs that involve commuter subsidies
such as parking cashout and vanpool subsidies. In addition, transit
fare media and day/month passes will be made available through the
PTC to employees, visitors, and residents during typical business
hours. In the event that the project is sold or transferred, developer
shall notify the Planning Director of the new point of contact for
the successor and/or new PTC for the project within 30 calendar days
of such sale or transfer.
b. Nonresidential Projects and Nonresidential Components of
Mixed-Use Projects. Nonresidential projects that result in
the addition of 7,500 square feet of floor area or more and the nonresidential
portion of mixed-use projects shall provide, at minimum, the following
programmatic elements:
i. New employee orientation.
iii. Incentives for employees that live within one-half mile of workplaces.
iv. Information regarding availability of bike commute training offered
either on-site or by a third party.
v. Free on-site shared bicycles intended for employee use during the
work day (e.g., Bike@Work program). This shall be optional if Citywide
bikeshare is available within a 2-block radius of the project site.
vi. Commuter matching services for all employees on an annual basis,
and for all new employees upon hiring.
vii. Information regarding benefits of: compressed work schedule, flex-time
schedule, telecommuting, and guaranteed ride home.
viii.
Transportation allowance equal to at least 50% of the current
cost of a monthly regional transit pass of the employee's choice (e.g.,
Big Blue Bus 30-day Pass, Metro EZ Pass, Metro TAP or equivalent).
Within the Downtown Community Plan area, the transportation allowance
shall equal at least 100% of the current cost of a monthly regional
transit pass of the employee's choice (e.g., Big Blue Bus 30-day Pass,
Metro EZ Pass, Metro TAP or equivalent). An employee accepting the
transportation allowance shall be required to execute a contract agreeing
said employee will not utilize a single occupancy vehicle for the
majority (at least 51%) of their daily commute distance more than
5 business days per month. The contract shall also specify the employee's
alternative commute mode (e.g., transit, bike, walk). Within the Downtown
Community Plan area, daily transportation allowance, equal to the
value of the applicable monthly transportation allowance divided by
20, shall be offered to all eligible employees. To receive the daily
transportation allowance eligible employees shall not be receiving
the monthly transportation allowance and shall be required to submit
a daily commute tracking form agreed that said employees utilized
an eligible non-single occupancy vehicle mode for at least 51% of
their daily commute. The employee must demonstrate compliance as reasonably
required by the property owner.
ix. Customer and visitor incentives for uses with significant numbers
of customers and visitors such as retail, food service, hospitality,
and medical office:
(1)
Customer incentive program.
(2)
Public directions prioritizing rideshare modes.
(3)
Special event rideshare services.
x. Any additional measures that would result in the developer achieving
the applicable AVR target.
c. Residential Projects and Residential Components of Mixed-Use
Projects. Except as provided in subsection iv, projects that
result in the addition of 16 residential units or more and the residential
portion of mixed-used projects shall include the following programmatic
elements:
i. Transportation Welcome Package for Residents. Provide all new residents with residential component of the project site with a welcome package on a per-unit basis. The welcome package shall, at minimum, include the information required in subdivision (1)(a) of this subsection
(B) (Physical Elements—On-Site Transportation Information).
ii. Local Preference Marketing Plan. Prepare and implement a marketing
and outreach program for the rental of units that targets: (A) employees
of businesses located within a one-half mile radius of the project;
(B) employees of the local hospitals; (C) employees of the Santa Monica
Malibu Unified School District; (D) employees of the City's police
and fire departments; (E) employees of businesses outside the one-half-mile
radius but within the City of Santa Monica. In leasing units, the
developer shall give priority to applicants in the foregoing categories
provided that all such applicants meet generally applicable leasing
qualifications and criteria imposed by the developer. Nothing in this
Chapter shall require that any residential units be occupied by such
persons.
iii. TMO Participation. Active participation in the formation and ongoing
activities of a certified TMO, if established and includes the project
site, including payment of annual dues at a level so that trip reduction
services are provided as set forth by the TMO, attendance at organizational
meeting, providing travel and parking demand data to the TMO, and
making available information to project tenants relative to the services
provided by the TMO.
iv. Transportation Allowance. Offer a monthly transportation allowance equal to at least 50% of the current cost of a monthly regional transit pass of the resident's choice (e.g., Big Blue Bus 30-Day Pass, Metro EZ Pass, Metro TAP Pass or equivalent). Within the Downtown Community Plan area, the transportation allowance shall equal at least 100% of the current cost of a monthly regional transit pass of the resident's choice (e.g. Big Blue Bus 30-Day Pass, Metro EZ Pass, Metro TAP Pass or equivalent). The transportation allowance shall be offered to all residents listed on a lease and their immediate family living at the same address. Immediate family includes spouse, partner, children, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, sister-in-law, and brother-in-law. A resident accepting the transportation allowance shall not lease parking and shall be required to execute a contract agreeing that said resident does not own or long-term lease an automobile in association with a residential use in Santa Monica and will not own or long-term lease an automobile in association with a residential use in Santa Monica for so long as they are in receipt of the transportation allowance. The contract shall also specify the resident's non-single occupancy vehicle commute mode (e.g., transit, bike, walk). Children who reside full-time at the building shall be eligible for the transportation allowance if the parent that is primarily responsible for transporting the child is also eligible for the transportation allowance. The child's parent or guardian shall sign an affidavit stating that the child permanently resides at the building on a full-time basis, and the child is primarily transported by a parent or guardian on the lease that is eligible for the transportation allowance. Notwithstanding the foregoing, if a project is a 100% affordable housing project, as defined by Santa Monica Municipal Code Section 9.52.020.0050, and does not include any off-site affordable units that satisfy another multiple-unit dwelling project's obligations under Santa Monica Municipal Code Chapter
9.64, then this subsection shall not apply to require the project to offer a transportation allowance.
C. Developer TDM Plan Applicable to Project Occupants. The developer
shall ensure that compliance with the Developer TDM Plan is included
as a requirement in lease documents and any other agreements for occupancy
in the project in order to inform and commit project occupants to
applicable measures of the approved Developer TDM Plan.
1. All Projects. Allowing employees and residents
to participate in campaigns that promote use of carpools, vanpools,
transit, walking, bicycling, carshare, bikeshare, and other trip reduction
efforts.
2. Nonresidential Projects. For nonresidential
projects and nonresidential components of mixed-use projects, participating
in the annual project commute survey.
D. Employer Worksite Plan Consistency. Employer ERPs and WTPs
submitted subsequent to the approval of a Developer TDM Plan shall
be consistent with the approved Developer TDM Plan, at a minimum,
unless the Planning Director approves alternative plan components.
E. Recording Required. Prior to Certificate of Occupancy, the
developer shall record an agreement, in a form acceptable to the City,
that makes the Developer TDM Plan a condition of property ownership.
The agreement shall include provisions to:
1. Guarantee
adherence to the TDM objective and perpetual obligations of the Developer
TDM Plan for all legal parcels within the site regardless of property
ownership.
2. Inform
all subsequent property owners of requirement of the Developer TDM
Plan.
3. Inform
the Planning Director of any change in ownership.
4. Identify
consequences of noncompliant performance.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; amended
by Ord. No. 2552CCS § 1, adopted August 8, 2017; Ord. No. 2606CCS § 18, adopted April 9, 2019; Ord. No. 2638CCS § 1, adopted May 26, 2020; Ord. No. 2646CCS § 4, adopted September 8, 2020)
A. Annual Monitoring Required. Developer shall submit an annual
monitoring report on the Developer TDM Plan ("Developer TDM Annual
Status Report") starting on the first anniversary of issuance of the
project's Certificate of Occupancy or Temporary Certificate of Occupancy,
if applicable. The annual monitoring report shall include the following:
1. Confirmation
of compliance with all Developer TDM Plan elements.
2. For nonresidential projects and nonresidential components of mixed-use projects, AVR calculations and documentation for the monitoring year based upon cumulative employee surveys for the project undertaken for one consecutive week each year. The survey must be conducted in accordance with Section
9.53.060(B) except that zero emission vehicles shall be counted as vehicles.
3. Updated
statement of commitment from property owner.
4. Updated
annual budget to implement Developer TDM Plan.
5. Contact
information including name, e-mail address, and proof of certification
of the PTC who is responsible for the preparation, implementation,
and monitoring of the Developer TDM Plan.
6. Effect
of the Developer TDM Plan on on-site transportation choice, parking
availability, and transit ridership.
7. Updated
implementation strategy.
B. Time Limits for Review. The Planning Director shall provide
the property owner written notification indicating whether the TDM
Annual Status Report is approved or deemed unacceptable within 45
calendar days of its receipt. Alternatively, the Planning Director
may notify the property owner in writing of an extension of this deadline
of no more than 15 calendar days.
C. Violations. Violations of the Developer TDM Plan shall include
but not be limited to failure to:
1. Submit
a TDM Annual Status Report.
2. Pay
the Developer TDM Fee.
3. Implement
strategies contained in the Developer TDM Plan.
4. Achieve
the established AVR requirement.
D. Remedies for Violation.
1. If the developer commits a violation other than not achieving the applicable AVR target, the City shall issue a written warning and the developer shall have 30 calendar days from receipt of the notice to correct the violation. If the developer continues to commit the violation 60 calendar days after receipt of the first written warning, the developer shall be subject to a fine of $5/residential unit/day and $5/employee in the project/day. The fine shall be deposited in accordance with Section
9.53.110. In the case of mixed-use projects that include both residential units and employees, the fine shall be calculated separately for each use.
2. If
the annual monitoring report shows that the applicable AVR Target
has not been achieved for the project, then the developer shall submit
a list of modifications to the Developer TDM Plan to the Planning
Director for approval within 60 calendar days of the report submittal.
The Planning Director shall review the list of modifications and may
also recommend modifications to the Developer TDM Plan, as appropriate,
in order to ensure that the applicable AVR target is achieved. Upon
approval of the requested changes, the developer shall have 30 calendar
days to implement the approved measures. Developer shall then submit
a follow-up monitoring report within 6 months of implementation of
the new measures. If the project continues to not achieve the applicable
AVR Target, developers have the option of:
a. Continuing to implement additional measures for approval by the Planning
Director.
b. Alternatively bring the project AVR into alternative compliance through the payment of an Alternative Compliance Fee pursuant to Section
9.53.140(E).
3. If
the project continues to not be in substantial compliance with the
Developer TDM Plan, the City shall have the option to:
a. Withhold the issuance of building permits, certificates of occupancy,
and other City issued permits or licenses.
c. Request that the City Attorney take appropriate enforcement action.
Referral to the City Attorney is not a condition precedent to any
enforcement action by the City Attorney.
E. Alternative Compliance if AVR Target Is Not Achieved. If a
project does not achieve the applicable AVR Target established for
the project, developer may choose to pay an Alternative Compliance
Fee to off-set the AVR Target in order to achieve the AVR Target/work
day. The fee shall only be applicable upon completion of a fee study
and shall be established by resolution of the City Council. The fee
shall be based on the following calculation:
Step 1:
Total Number of Employee Trips Per Week
|
=
|
Total Number of Vehicle Trips Produced by Project Per Week
|
AVR
|
Step 2:
Total Number of Employee Trips Per Week
|
=
|
Total Number of Vehicle Trips Allowed to Achieve Target AVR
Per Week
|
AVR Target
|
Step 3:
Total Number of Produced Trips
|
-
|
Total Number of Allowable Trips
|
=
|
Vehicle Trip Reduction Necessary to Achieve AVR Target
|
=
|
Daily Vehicle Reduction Needed to Achieve AVR Target
|
5
|
Step 4:
Alternative Compliance Fee = Compliance Fee x Daily Vehicle
Reduction Needed to Achieve AVR Target x work days per year (based
on 22 work days per month)
F. Procedures for Modification of Developer TDM Plan. Developer
may submit a request to modify the Developer TDM Plan with such request
to be approved by the Planning Director. Approval to modify the Developer
TDM Plan may be granted if the modifications are: (1) likely to result
in the project achieving its applicable AVR Target; and (2) are equally
or more effective as the measures that are being modified. Developer
shall provide quantifiable evidence, analysis, or consultant report
that demonstrates the requested changes will not cause the project
AVR to decrease.
G. Combined TDM Annual Status Report for Multiple Projects. Upon
the Planning Director's approval of a written request, a developer
may submit a single TDM Annual Status Report encompassing multiple
projects to the requirements of this Chapter if the projects are owned
by the same developer and located wholly within the City of Santa
Monica.
H. Maintenance of Detailed Records Required. Developers must
keep detailed records of the documents which verify the average vehicle
ridership calculation for a period of 3 years from plan approval date.
Monitoring mechanisms which verify that the Developer TDM Plan has
been implemented shall be kept for a period of at least 3 years from
plan approval date. Monitoring mechanisms may include, but not be
limited to:
1. Printed
documentation of site features (e.g., location of carpool and vanpool
parking spaces).
2. Photographs
of TDM program facilities (e.g., vanpool and carpool parking spaces).
3. Field
site inspections by the City.
4. Other
building site reports and surveys that the City may deem appropriate.
Approved Developer TDM Plans must be kept at the project site
by the PTC. Failure to maintain records or falsification of records
will be deemed a violation of this Chapter.
|
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; Amended
by Ord. No. 2646CCS § 4, adopted September 8, 2020)
A. Employers
and developers may propose to use the services of a City-certified
TMO to implement their Employer Trip Reduction Plans or Developer
TDM Plans provided that membership in a City-certified TMO includes
payment of annual dues at a level so that trip reduction services
are provided, as set forth by the TMO.
B. The
City may certify TMOs that submit a first year work plan which outlines
the following:
1. A
mission statement which describes the reasons for the organization's
existence and the overriding goals of the TMO, including how the TMO
will implement the goals of the LUCE and No Net New p.m. Peak Trips.
2. Goals
and objectives for the first year which target achievement of the
mission statement. Specific activities and tasks shall be listed to
show how the members will be served by the TMO and how the TMO will
help meet the area and regional transportation and air quality goals.
3. A
plan for a baseline survey of commuters and employers in the area
to establish existing commuter characteristics and attitudes of commuters
towards traffic and the use of commute alternatives. The employer
survey shall obtain a descriptive profile of existing programs and
employer attitudes toward developing new programs.
4. The
services to be provided by the TMO to its members, including the commute
alternatives to be provided and promoted, the advocacy and marketing
activities planned including in-person outreach to employees, and
the role of the TMO staff in providing the services.
5. A
marketing plan which creates an identity for the TMO and which describes
how the TMO's planned services will be marketed to member employers
and their employees.
6. A
monitoring and evaluation plan which will be used to measure progress
against goals and objectives, including results of the TMO's activities
with each member. This plan will be used to provide annual reporting
information to the City.
7. A
budget which details how the work of the TMO will be accomplished,
including details of public and private financing and expenditures.
C. The
TMO must provide an annual report to the City to become recertified
yearly. The annual report shall include the same elements as the first
year plan with the following exceptions:
1. The
mission statement shall be revised based on changes in the goals and
objectives of the TMO, if any.
2. The
goals and objectives shall be updated to reflect progress and changes
in the TMO services.
3. The
baseline survey need not be repeated, however, the annual report shall
include follow-up monitoring and evaluation activities related to
the baseline survey.
4. The
evaluation and results shall be discussed and used to describe the
next year's planned activities.
(Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; Amended
by Ord. No. 2646CCS § 4, adopted September 8, 2020)