The purpose of this chapter is to establish transportation system management requirements for employers located in the city. These requirements will provide alternative commute modes and reduce the total number of vehicle trips as part of a program to achieve the following objectives:
A. 
Reduce peak-period traffic and congestion by decreasing the number of single-occupant vehicle trips associated with commuting;
B. 
Reduce or delay the need for major transportation facility improvements by making more efficient use of existing facilities;
C. 
Reduce present and future motor vehicle emissions as a contribution towards complying with federal and state ambient air quality standards;
D. 
Establish TSM goals for employers so that a significant number of their employees are encouraged to arrive at the worksite by means other than single occupant vehicles.
(Prior code § 15-27)
The city finds and declares that:
A. 
The city is projected by both the state and the Bay Area Association of Governments to experience significant growth in population which will result in substantial increases in traffic volume;
B. 
The geographical and meteorological conditions in the city are conducive to the formation of air pollution attributed largely to motor vehicle emissions according to both state and regional air pollution control agencies;
C. 
Transportation systems management techniques including, but not limited to, ridesharing, transit, compressed work weeks and bicycle use among employees are effective means of reducing work-related trips. A reduction in the number of trips will reduce congestion and vehicle emissions.
(Prior code § 15-28)
As used in this chapter:
"Alternative commute mode"
means a trip where the transportation method is other than single occupant vehicle.
"Commute"
means a home-to-work or work-to-home trip.
"Complex"
means any nonresidential use or development which is operated as a unit, whether in common or separate ownership. To be a "complex" two or more of the following must be met:
1. 
It is known by a common name;
2. 
It is governed by a common set of covenants, conditions and restrictions;
3. 
It was approved, or is to be approved as an entity by [governing body];
4. 
It is covered by a single subdivision parcel map;
5. 
It is operated by a single management;
6. 
It shares common private parking;
7. 
Any multitenant, nonresidential building or contiguous group of buildings under common ownership, which is not included within any of the points stated above.
"Employee"
means any person hired by an employer, including part-time and seasonal workers, but excluding any independent contractors hired by the employer.
"Employer"
means any public or private entity, including the city, with a permanent place of business or worksite in the city.
"Employer transportation management plan (TMP)"
means a document detailing TSM measures to reduce vehicle trips to and from the worksite.
"Existing complex"
means a complex that has been issued a building permit prior to the effective date of the ordinance codified in this chapter.
"Peak period"
means the commute hours from six a.m. to nine a.m. and three-thirty p.m. to six-thirty p.m. during weekdays.
"Ridesharing"
means two or more persons traveling together.
"Single occupant vehicle"
means an automobile or light truck occupied by one person.
"Transit"
means public transportation including bus or rail services.
"Transportation coordinator"
means an individual trained to promote and implement TSM strategies at the worksite.
"Transportation management certificate (TMC)"
means a document issued by the city to denote compliance with the requirements set forth in this chapter.
"Transportation systems management (TSM)"
means measures to better utilize existing transportation facilities and services, and promote alternate commute modes.
"TSM administrator"
means the person designated by the city manager/chief administrative officer with the responsibility for the implementation of this chapter.
"Worksite"
means the place of employment, base of operation or location of employees.
(Prior code § 15-29)
A. 
Major Employers.
An employer who employs 100 or more employees shall be deemed a major employer. Complexes with a total of 100 or more employees shall be treated under this chapter as a major employer. All major employers within the city shall obtain a transportation management certificate (TMC) as described in Section 10.32.050 of this chapter.
B. 
Minor Employers.
1. 
An employer who employs 25 to 99 employees shall be deemed a minor employer. Existing complexes with 25 or more employees shall be treated as minor employers.
2. 
On an ongoing yearly basis minor employers shall:
a. 
Post information which describes the benefits of transit, ridesharing, bicycling and walking as alternative modes and which describes the facilities, services, schedules, rates and other pertinent information relevant to such transportation options;
b. 
Designate a transportation coordinator to coordinate with local transit agencies and the ridesharing agency or the distribution of alternative commute information including transit information and ridesharing applications;
c. 
Provide newly-hired employees with alternative commute mode information that includes pertinent transit information and ridesharing applications.
C. 
Residential Developments.
1. 
New residential development shall be designed to further the goals of this chapter.
2. 
The city shall institute a program to provide new or relocated residents with information on alternate transportation modes.
3. 
Apartment complexes shall post information, approved by the TSM administrator, on alternate transportation modes.
D. 
Projects.
All new projects shall be designed to further the goals of this chapter.
1. 
Major projects shall be those which, using [a standard reference work or locally derived tables], is expected to be occupied by 100 or more employees. All major projects within the city shall obtain a transportation management certificate (TMC) as described in Section 10.32.050 of this chapter.
2. 
Minor projects shall be those which using [a standard reference work or locally derived tables], is expected to be occupied by 25 to 99 employees. The property owner of a minor project shall provide facilities to post information on alternative commute modes. Also, the property owner shall coordinate with the appropriate transit and rideshare agency(s) to maintain and provide current information.
3. 
"Expansion projects" means any development which proposes structural expansion. If after such expansion the development will be the primary place of business of between 25 and 99 employees as shown by [a standard reference work or locally derived set of tables] shall be deemed a minor project. If after such expansion the development will be the primary place of business of 100 or more employees as shown by [a standard reference work or locally derived set of tables], it shall be deemed a major project.
E. 
Exemptions.
Notwithstanding any other provisions of this chapter, the following activities shall be exempt from the requirements of this chapter:
1. 
Temporary construction activities, including activities performed by engineers, architects, contractors, subcontractors, and construction workers when such activities are related to the construction, development or other improvements to real property;
2. 
Emergency activities in which persons are employed to render aid or other services in the event of an emergency or natural disaster;
3. 
Other temporary activities which employ persons for a period of less than 90 days.
F. 
Schedule of Compliance.
Implementation requirements and methods for compliance shall be contained in the employers TSM Handbook. All major and minor employers and major and minor projects shall comply with this chapter in accordance with the schedule set below:
1. 
All employers are required to comply with the provisions of this chapter within 18 months of the effective date of this chapter. A TMC will not be required of any group or individual until six months after the date of enactment of this chapter. After this period, each employer must file a TMP at the time of business license application or renewal.
2. 
The committee feels that it may be best to tie the compliance date for employers to the date for acquiring a new business license. This encourages "one stop shopping" and reduces the number of times employers must come to the city.
3. 
All major projects are required to comply with the provisions of this chapter beginning six months after the effective date of this chapter.
4. 
All minor projects are required to comply with the provision of this chapter beginning one year after the effective date of this chapter.
(Prior code § 15-30)
A. 
Transportation Management Certificate Requirements.
All major employers and major projects shall be required to file a transportation management plan with the TSM administrator.
The total of the TMP is to designate TSM measures which will cause 25% of the commute trips to be by means other than the single-occupant vehicle.
A TMC shall be granted to the major employer or major project for one-year period upon approval of the TMP by the TSM administrator.
B. 
Transportation Management Plan (TMP) Requirements.
1. 
Twenty-Five Percent Alternative Mode Goal.
The goal of this chapter is to have 25% of the commute trips use alternative transportation modes. Employers and projects shall develop TMPs with yearly progress goals for increasing alternative commute modes for their employees or tenants.
2. 
Minimum Requirements.
a. 
Employer.
At a minimum, the employer TMP, shall include the following provisions:
i. 
Document compliance with minimum TSM measures as specified for minor employers;
ii. 
Provide a status report on current commute modes for employees in a format specified by the TSM administrator;
iii. 
Document the TSM measures needed to increase alternative mode use in the following year;
iv. 
Provide a plan for implementing the selected TSM measures.
b. 
Major Project TMP.
At a minimum, the major project TMP shall include the following provisions:
i. 
Compliance with the requirements for a minor project;
ii. 
Designate a transportation coordinator for the site;
iii. 
Agree to provide annual status reports to the TSM administrator in the specified format;
iv. 
Prepare an approved TMP to provide facilities and a framework for services conducive to attaining the trip reduction goal. After the plan is approved by the city it shall be made binding on the property owner and any successors in interest.
The plan obligations shall either be recorded in the covenants, conditions and restrictions prepared for the development or separately recorded. The property owner may request modification of the plan by filing an application.
3. 
Multiple Worksites.
Each worksite with 100 or more employees shall submit a TMP with TSM measures for the specific worksite. If the employer has worksites with 99 or less employees, the TMP shall list all worksites and the number of employees at each site. The alternative mode goal shall apply to the total number of employees commuting to all worksites of the major employers.
4. 
Coordination TMP Requirements.
a. 
If the worksite is located in a project with a project TMP in effect, the employer TMP shall be coordinated with the project TMP. The employer may request the project owner revise the project TMP to incorporate appropriate TSM measures for their employees.
b. 
A complex and the employers with a complex may, with the permission of the TSM administrator, coordinate and submit one TMP. The TMP must, at a minimum, fulfill the requirements that would apply to the largest entity within the complex, or the complex itself, whichever is largest, recognized by this chapter. The TMP, if accepted by the administrator, would be applicable to each entity within the complex and the complex itself. Violations of the chapter would apply to each entity individually. Existing complexes may also coordinate in this manner.
5. 
Issuance of TMC.
a. 
At least 60 days before the schedule set forth in Section 10.32.040, all person(s) required by this chapter to obtain a TMC shall submit a complete employer or project TMP application. Upon receiving the employer or project TMP, the TSM administrator shall examine the plan to determine whether the plan complies with the provisions contained in this section. Inspection of the location by staff may be conducted as necessary to determine compliance with these provisions.
b. 
Except as otherwise provided, the TSM administrator shall approve the TMP upon finding that the requirements contained in this chapter have been met. The TMC shall be valid for a period of one year from the date of issuance by the TSM administrator. The TSM administrator shall notify the applicant, in writing, of the decision to issue or not to issue the TMC.
c. 
The TSM administrator shall also notify of the decision in writing any other person who has requested notice of the proceedings on any particular TMC or on TMCs in general.
d. 
A decision to approve or disapprove the TMP shall be deemed final 14 calendar days after the date that the applicant receives notice of the TSM administrator's decision, unless an appeal has been filed.
e. 
The city shall by resolution prescribe fees for the issuance and renewal of transportation management certificates. Such fees shall be used for the purpose of defraying costs incurred in the administration, monitoring and enforcement of this chapter.
f. 
All fees for the issuance and renewal of certificates shall be paid at the time of, and with the filing of the application with the TSM administrator. No application shall be deemed valid or complete until all prescribed fees have been paid. Unless otherwise prescribed, fees shall not be refundable in whole or in part whether or not the certificate is issued or approval granted. No fee shall be refundable in whole or in part if a permittee ceases operating under the certificate in advance of the expiration of the certificate.
g. 
The committee suggests that the fees should be based on the number of employees or presumed employees up to 100; after that point it should be a flat fee. The committee further suggests that the fee rate for the minor employers and projects should be considerably less than that for the major employers and projects.
6. 
Renewal of Certificate.
a. 
Renewal of Certificates with Less Than Twenty-Five Percent Reduction.
The TMC shall be renewed annually except as specified in this section. In order to renew a TMC, each employer and project shall provide the following information to the TSM administrator at a minimum:
i. 
Provide an update of the initial status report in a format specified by the TSM administrator;
ii. 
Provide a summary of the previous year's TSM program, progress in meeting TMP goals and a description of program organization and resources.
The TSM administrator may require additional documentation or may visit the site and conduct his or her own survey. If an employer is unable to provide the required information on the employees transportation modes, then the TSM administrator may require an employer to retain a consultant with approval by the TSM administrator. The consultant shall submit the required information to the TSM administrator.
If the information provided indicates the employer or project has achieved the 25% alternative trip reduction goal, a TMC shall be renewed as specified in this section. If the information provided indicates that the goal has not been reached after a period of three years, the employer or project shall amend their TMP to include additional TSM measures.
b. 
Reduction in Goal.
If, after a period of three years, in which the employer or project has labored in good faith by responding accurately, completely and in a timely manner to the requirements of this chapter in an attempt to reach the 25% reduction goal and in the opinion of the TSM administrator, the director of public works and the director of planning there is a structural reason, due to lack of available alternate transportation modes or the like that this development or employer cannot reasonably hope to attain the reduction goal without the use of methods that like businesses or developments with different geographical placements have not had to make use of, the TSM administrator may reduce the goal to a 30% peak-period trip reduction, with the peak period set between the hours of six a.m. to nine a.m. and three-thirty p.m. to six-thirty p.m. weekdays.
c. 
Attainment of Reduction Goal.
If the monitoring information provided for the renewal of the TMC indicates the achievement of the 25% reduction goal during two consecutive years, the employer or project may apply for a TMC valid for two years.
(Prior code § 15-31)
The range is up to the individual jurisdiction. However, the committee suggests a range that is not excessive. The committee also strongly recommends the approach presented in the model ordinance that violations do not occur when the goal is not attained. Failure to file a plan and carry it out are violations.
(Prior code § 15-32)
Any decision of the TSM administrator pursuant to this chapter may be appealed to the city in accordance with the city appeals procedure.
(Prior code § 15-33)