The specific purposes of this chapter are intended to:
A. 
Reduce the number of vehicle miles traveled generated by new development, in accordance with the City’s police power necessary to protect the public health, safety, welfare, and environment.
B. 
Manage traffic congestion, especially congestion associated with drive-alone commute trips during peak traffic periods by using a combination of services, incentives, and facilities.
C. 
Promote more efficient utilization of existing transportation facilities and ensure that new developments maximize transit, active transportation, carpooling, and vanpooling usage.
D. 
Establish an ongoing monitoring and enforcement program to ensure that the desired performance targets are achieved.
E. 
Achieve compliance with the City/County Association of Governments of San Mateo County’s (C/CAG) Congestion Management Program.
(Ord. 1646 § 2, 2022)
A. 
The following new development types shall be subject to this Ordinance and grouped into the following four tiers of compliance based on their anticipated effects on the City’s transportation network:
1. 
Tier 1. Tier 1 includes residential land uses with 20 or more units (excluding senior housing developments and affordable housing developments with greater than 50 percent of units below market rate).
2. 
Tier 2. Tier 2 includes all hotels, retail, warehouse/distribution, and industrial uses anticipated to generate greater than 100 daily trips; and small office and research and development uses greater than 10,000 square feet but less than 50,000 square feet.
3. 
Tier 3. Tier 3 includes office and research and development uses between 50,000 and 400,000 square feet of gross floor area, and any Tier 2 land uses found to have a significant impact to vehicle miles traveled during environmental review.
4. 
Tier 4. Tier 4 includes office and research and development uses with at least 400,000 square feet of gross floor area.
B. 
Project tiers shall be calculated cumulatively for adjoining parcels with the same property owner or employer. For example, a phased project with three 150,000 square foot (Tier 3) office and research and development buildings shall cumulatively constitute a Tier 4 land use upon completion of all phases. Modifications to existing non-residential developments shall be required to comply with this Ordinance if the modification adds at least 100 daily trips.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
All projects subject to the requirements of this chapter, as indicated in Section 20.400.002 (“Applicability”), shall incorporate measures that have a demonstrable effect on reducing the number of vehicle trips generated. Measures shall be selected from the list described in Section 20.400.004 (“Trip Reduction Measures”) and shall achieve the total number of points required. Certain measures are required, but required measures vary by land use. Required points are intended to align with the approximate level of auto travel reductions to achieve consistency with City, regional, and State environmental goals based on applicable industry research. Requirements for each tier are as follows:
A. 
Tier 1 Requirements.
1. 
A total of 20 points; and
2. 
An annual self-certification form is required for the first five years after occupancy.
B. 
Tier 2 Requirements.
1. 
A total of 30 points; and
2. 
An annual self-certification form is required for the first 20 years after occupancy.
C. 
Tier 3 Requirements.
1. 
A total of 40 points; and
2. 
Annual monitoring to achieve a maximum of 60 percent of employees commuting via driving alone.
D. 
Tier 4 Requirements.
1. 
A total of 50 points;
2. 
Annual monitoring to achieve a maximum of 50 percent of employees commuting via driving alone; and
3. 
Annual monitoring of a site-specific trip cap.
A complete table of the points associated with each measure, detailed descriptions of each measure, and applicability of measures are available from the Planning Department. Previously approved projects would continue to be measured according to the performance standards specified in their respective conditions of approval.
(Ord. 1646 § 2, 2022)
The following measures may be incorporated into a project’s Transportation Demand Management (TDM) program to meet its Tier requirements (see Section 20.400.003 (“Requirements by Tier”)). This section represents the menu of options, but not all items are required.
A. 
Participation in Commute.org or Transportation Management Association.
1. 
Sites that participate in Commute.org programs shall partner with Commute.org or join a Transportation Management Association (TMA) or other qualified shared transportation consortium with comparable TDM services, whose role is to coordinate transportation-related programs and services in specific geographic areas.
2. 
Office- and employment-based projects must satisfy the following components to satisfactorily implement this measure:
a. 
Obtain certification of participation with Commute.org, or equivalent program.
b. 
Provide commute assistance and ride-matching program.
c. 
Participate in or provide a dedicated shuttle program/consortium or equivalent transit service unless located within 0.5 miles of a Caltrain or BART station.
d. 
Provide Guaranteed Ride Home.
e. 
Supply orientation, education, and promotional programs and/or materials for tenants.
B. 
Transit Pass Subsidies and Pre-Tax Transit Benefits.
1. 
Employers shall offer public transit passes or subsidies equivalent to at least 50 percent of the cost of a monthly two-zone Caltrain pass, which shall be implemented through either a direct voucher program provided by the property manager, or through lease terms obligating employers at the site to provide said subsidies.
2. 
Passes/subsidies provided must be valid for public transportation options, including, but not limited to, BART, Caltrain, SamTrans, ferry, and vanpool subscription (or costs).
3. 
Subsidies shall be administered through a pre-tax transit benefit program allowing employees to fully fund their transit use with pre-tax dollars if they opt into the program.
4. 
Employers shall adhere to goals and policies by the Bay Area Air Quality Management District (BAAQMD), which requires employers with 50 or more employees within the air district region to provide commuter benefits and annual employer registration.
5. 
Funding contributions towards or participation in Commute.org shuttle program shall not count for this measure.
C. 
Carpool/Vanpool Programs and Parking. Employers or property managers shall provide carpooling and/or vanpooling options to facilitate shared work trips. Carpooling generally uses participants’ own automobiles, and vanpooling generally uses leased vans, often supplied by employers, non-profit organizations, car rental businesses, or government agencies. Carpool and vanpool programs shall include subsidies or other monetary incentives from employers (e.g., gas card after carpooling for a given amount of time, or parking subsidies for carpools), as well as ride-matching services to help facilitate these shared trips.
D. 
Bicycle Storage, Showers, and Lockers.
1. 
Employers and offices shall offer showers, changing rooms, and lockers to accommodate employees arriving by bicycle or other active transportation forms and employees who exercise during breaks.
2. 
Safe and convenient bicycle parking must be provided in accordance with Section 20.330.007 ("Bicycle Parking") which provides for two categories of bicycle parking:
a. 
Long-term (Class I) bicycle parking shall offer protection from weather and convenient access to and from the street, without the need to use stairs and with doorways and corridors that are sufficiently wide to navigate with a bicycle.
b. 
Short-term (Class II) bicycle parking shall be near pedestrian entries and may be in the public right-of-way (i.e., on sidewalks). Short-term bicycle parking may be used for visitors, couriers, or customers, typically for less than two hours.
E. 
Designated TDM Coordinator. Employers shall provide a TDM coordinator or contact person to provide oversight and management of the program’s implementation. The individual must either be an employee or contracted through a third-party provider. In addition, for sites leasing space to multiple employers or businesses, the TDM Coordinator designated by the property owner shall be responsible for providing lists of mandatory and optional measures to all individual businesses. Tenants should be obligated (via lease language) to provide a main point of contact for the Designated TDM Coordinator.
F. 
Bicycle and Pedestrian-Oriented Site Access. On-site circulation shall be designed to enable safe bicycle and pedestrian-oriented access for all users of all ages and abilities, increasing the overall capacity of the transportation network and improving pedestrian and cyclist safety and comfort. Examples include:
1. 
Non-motorized pathways internal to the project.
2. 
Orienting the project’s main entrance toward an active transportation or transit facility.
3. 
Minimizing site access barriers along paths of bicycle and pedestrian travel such as driveways, surface parking lots, loading docks, unmarked crosswalks, and meandering sidewalks.
G. 
Encourage Telecommuting and Flexible Work Schedules. Encourage employees to work remotely at least one day per week to reduce overall vehicle trips. When employees commute to work, encourage flexible work schedules that encourage travel outside of peak hours.
H. 
Paid Parking or Parking Cash-Out.
1. 
Motorists shall pay directly for using parking facilities (paid parking), or employers shall offer cash equivalents to the cost of leasing a parking space to employees who do not receive a parking permit (parking cash-out).
2. 
For paid parking, parking rates shall be at the market rate (minimum of five dollars per day) and not subsidized by property owners or employers.
3. 
If an employer provides free parking as a benefit to employees, they may instead offer “cash-out” in the form of the equivalent value of the parking space directly to an employee. If the employer leases parking, the cash-out amount shall be equivalent to the cost per space for the employer to lease parking for employees. If the employer owns and manages its own parking facilities, the cash-out value shall be determined based on market-rate parking at nearby locations.
I. 
Unbundled Parking.
1. 
Residents shall pay for a parking space separately from their rent or mortgage, and parking spaces shall not be deeded for condominium units.
2. 
Parking rates shall be established based on the prevailing market rate and shall not be subsidized by property owners or employers; however, rates for affordable units shall be prorated in proportion to their rent discounts. For condominiums with non-deeded spaces, the HOA shall collect parking fees separate from the standard HOA fee. Similarly, tenants in a multi-employer office or retail development pay for each parking space leased from the property that they provide as either an employee benefit or courtesy parking for guests.
3. 
One hundred percent of spaces shall be unbundled to qualify for this measure.
J. 
Shared Parking Approach. Mixed-use developments, particularly multi-tenant retail developments, shall establish a shared parking approach based on the most recent guidance from the Urban Land Institute’s Shared Parking Model to prevent an oversupply of parking. This measure may also be used in combination with Unbundled Parking for multi-building office and research and development uses with approval from the Chief Planner.
K. 
Enhanced Shuttle Commitment. In addition to regular participation in a Commute.org shuttle consortium or transportation management association, the applicant shall contribute additional funding or a supplemental shuttle service (open to the public) that consists of at least twice the standard contribution total (as determined by Commute.org or a TMA). Increased shuttle funding helps run service more frequently for a longer service span.
L. 
Active Transportation Gap Closure.
1. 
Pedestrian, bicycle, and micromobility connections shall be established from a project site to existing trails, bikeways, or adjacent streets beyond what is required in Chapter 20.310 (“Site and Buildings Design Standards”).
2. 
Contribution to off-site gap closures in the bicycle or pedestrian network that improve access to the Project is also eligible. This improves overall access not only for on-site employees or residents but also for other users in the area.
3. 
The point value of contributions will be calculated in conjunction with City Staff based on the usage and mode shift potential of the gap closure to the City’s overall bicycle and pedestrian network.
M. 
Fully Subsidized Transit Passes. The transit pass subsidy shall be expanded to cover 100 percent of typical transit costs for employees (up to the maximum IRS benefit for pre-tax commuter benefits).
N. 
Transit Capital Improvements.
1. 
Space shall be contributed on or adjacent to the project site for transit improvements or off-site transit improvements shall be funded.
2. 
Scoring for this measure will be tiered based on how many improvements are implemented from the following list:
a. 
Bus/Shuttle Stop (if warranted, including sidewalk connection and ADA accessibility).
b. 
Bus/Shuttle Shelter (including a covered waiting area seating and lighting).
c. 
Wayfinding signage.
d. 
Off-site improvements (such as bus-only lanes, transit signal priority, or queue jumps).
O. 
On-Site Pedestrian-Oriented Amenities.
1. 
Active, pedestrian-oriented commercial uses shall be provided on the ground floor designed to create more walkable and inviting areas.
2. 
Selected commercial uses shall promote a high level of customer use, promote pedestrian interest, and make the street visually appealing and engaging to pedestrians.
3. 
Developments shall have entrances to both the main location and commercial uses oriented along primary street frontages, and shall not be separated from sidewalks, bikeways, or walkways by parking lots.
P. 
Cash Reward Incentives. Employers shall incentivize employee commuting via walking, biking, and transit with cash rewards, such as a stipend for every non-auto trip made to promote and encourage the use of these modes.
Q. 
On-Site Car-Share. Employers shall provide an on-site car-share program or vehicle fleet at employer sites.
R. 
Bicycle-share or Micromobility Program Participation. Employers shall provide an on-site bike share or micromobility fleet (i.e., bicycles, e-bikes, and scooters) to be rented at one location and returned to another.
S. 
Active Transportation Subsidies. Employers must either:
1. 
Provide an allowance for commuting via bicycling and walking at a comparable rate to transit subsidies; or
2. 
Provide bike share and micromobility services for first/last mile access to transit.
T. 
Bicycle Repair Station.
1. 
Employers shall offer a bicycle repair station including a toolkit and air pump within a designated secure area of a building to encourage bicycling and support employees and residents. Tools and supplies shall include those necessary for fixing a flat tire, adjusting a chain, and performing other basic bicycle maintenance.
2. 
Maintenance services may also be offered to each resident or employee at least once annually, covering basic services such as a tune-up and inspection at a local bicycle shop.
U. 
Affordable Housing. Employment projects must provide affordable housing on-site or residential projects that exceed inclusionary housing requirements to qualify as a mixed-use project.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
A. 
Preliminary TDM Plan. A project shall submit its TDM documentation with its development application. Submittal requirements vary by project tier: Tier 1 and Tier 2 projects shall submit a TDM Checklist, while Tier 3 and Tier 4 projects shall submit a TDM Checklist and a TDM plan. Both TDM Checklists and TDM plans shall constitute an applicant’s minimum commitment toward a project’s TDM program and shall include the following:
1. 
TDM Checklist (Tier 1 and Tier 2 Projects). A completed TDM checklist of the trip reduction measures chosen by the applicant to achieve the applicable point total and performance requirement in accordance with Section 20.400.003 (“Requirements by Tier”) and Section 20.400.004 (“Trip Reduction Measures”).
2. 
TDM Plan (Tier 3 and Tier 4 Projects). Provide a completed TDM Checklist of trip reduction measures chosen by the applicant to achieve the applicable point total and performance requirement pursuant to Section 20.400.003 ("Requirements by Tier") and Section 20.400.004 ("Trip Reduction Measures"). Describe how the applicable performance requirements will be achieved and maintained over the life of the project.
3. 
Provide a site plan that designates trip reduction design elements consistent with measures identified in Section 20.400.004 (“Trip Reduction Measures”).
4. 
Provide a map identifying site access to nearby transit, bicycle, and pedestrian facilities including identification of any proposed improvement measures (includes new shuttle stops or pedestrian/bicycle improvements) consistent with measures identified in Section 20.400.004 (“Trip Reduction Measures”). Summarize the proposed monitoring practices as described in Section 20.400.006 (“Monitoring and Enforcement”).
B. 
Required Findings. Before approval of a permit for a project subject to the requirements of this chapter, the City shall make the following findings:
1. 
The proposed TDM program is feasible and appropriate for the project, considering the proposed use or mix of uses and the project’s location, size, and hours of operation.
2. 
The proposed TDM program meets the points requirements indicated for the tier and land use of the project.
3. 
The TDM program is adequate to achieve the required performance measures (Tiers 3 and 4 only).
C. 
Final TDM Plan. The applicant shall submit the final TDM Checklist or TDM Plan including any conditions imposed by the City as part of the Building Permit or Business License processes. The Chief Planner shall review and approve the documentation to ensure all conditions imposed by the City have been addressed.
D. 
Tenant Concurrence Letter. Prior to approval of a Building Permit for tenant improvements or a Business License, tenants shall submit a letter demonstrating concurrence with the Final TDM Plan. The letter shall acknowledge how applicable TDM requirements are identified in their lease and summarize how the tenant is implementing applicable TDM measures. The City shall receive and review this letter to confirm the implementation of the proposed TDM program.
E. 
Modifications. The Chief Planner may approve modifications to the final TDM Checklist or TDM Plan that are consistent with the original findings and conditions and would result in achieving the performance targets.
F. 
Changed Plans. A change in an approved project that would add at least 100 daily trips shall be treated as a new application.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
All projects are subject to the following performance monitoring process.
A. 
Initial Compliance Form. When applying for a certificate of occupancy, all projects must submit a compliance form to the Chief Planner documenting that the TDM program will be implemented before the site reaches 50 percent occupancy.
1. 
For Tier 3 and Tier 4 projects, the compliance form shall be accompanied by attachments that include, at minimum, a cover letter summarizing how individual measures will be implemented before the site reaches 50 percent occupancy, evidence of all capital and infrastructure measures through photographs, evidence of participation with Commute.org or an appropriate TMA, and identification of a TDM Coordinator.
B. 
Annual Compliance Form. All projects are required to prepare a compliance form documenting the continued implementation of TDM measures.
1. 
Tier 1 projects must submit a compliance form annually for the first five years after occupancy.
2. 
Tier 2 projects must submit a compliance form annually for the first 20 years after occupancy.
3. 
Tier 3 and 4 projects are required to submit a compliance form annually for the project’s lifespan.
C. 
Annual Mode Share Compliance Survey. In addition to the annual compliance form, all Tier 3 and Tier 4 projects are required to prepare an annual compliance survey.
1. 
Purpose. The purpose of the annual survey is to measure a project’s mode share compliance relative to the performance targets approved in the TDM Plan.
2. 
Survey Preparation and Administration. The City shall identify standard survey requirements for participants in the program. The survey shall be administered by the participant’s designated TDM Coordinator.
3. 
Response Rate. The annual survey shall achieve a minimum response rate of 75 percent of the employee population, or shall use statistical sampling techniques to achieve a 90 percent confidence level with a three percent margin of error in survey findings. If the response rate is less than 75 percent or if the 90 percent confidence level with a three percent margin of error is not achieved, missing responses shall be counted as drive-alone trips.
4. 
Required Performance Target. Survey findings shall identify whether the development has or has not achieved its required performance target. If the development has not achieved the required alternative mode use, the participant shall provide an addendum explanation of how and why the goal has not been reached and a detailed description of corrective measures that will be adopted in the coming year to attain the required performance target.
5. 
Submittal of Results. Survey findings shall be submitted to the City in a format as specified by the Chief Planner, accompanied by backup documentation and methodology of the original survey results.
6. 
City Review. The Chief Planner shall review all annual surveys and confirm compliance with required performance targets.
D. 
Annual Trip Cap Compliance. Annual trip counts are required for all Tier 4 projects.
1. 
Purpose. The purpose of the trip counts is to measure a project’s compliance relative to the trip cap approved in the TDM Plan.
2. 
Count Preparation and Administration. Vehicle counts shall be conducted over a period of one week during which school is in session. Counts shall be administered by an independent vendor paid for by the participant.
3. 
Submittal. Annual counts shall be included with the annual survey results in a format specified by the Chief Planner, and shall include total average weekday trips, as well as average a.m. and p.m. peak period, peak direction trips (6:00 a.m through 10:00 a.m. trips in and 3:00 p.m. through 7:00 p.m. trips out, respectively).
E. 
Midday Parking Occupancy Survey. All Tier 3 and Tier 4 projects shall prepare a midday parking occupancy survey every three years. The parking occupancy survey shall only be for informational purposes and not be associated with a performance target.
F. 
Penalty for Noncompliance. If the required performance targets are not being achieved, or if the participant fails to submit required monitoring documentation, the following penalties shall apply:
1. 
First Violation. The City will direct the participant to modify its TDM program to achieve compliance. Modifications are likely to include adding or modifying TDM measures to increase mode shift.
2. 
Second Violation. The City will direct the participant to coordinate with Commute.org or retain an independent consultant to identify additional program modifications to achieve compliance. Modifications are likely to include adding or modifying TDM measures to increase mode shift.
3. 
Third Violation. The City may assess a penalty per the approved fee schedule. Penalties shall be assessed for each additional violation in subsequent years. The City Council shall, in a resolution adopted after a duly noticed public hearing, set forth the amount of the fine, describe the need for the fine, describe the reasonable relationship between the fine and the effect of noncompliance, and set forth time for calculation and payment of the fine.
G. 
Appeal of Penalty. The participant may appeal the decision to assess a penalty to the Chief Planner. In determining whether a financial penalty is appropriate, the City may consider whether the participant has made a good faith effort to achieve the required alternative mode use.
H. 
Program Costs. Participants shall be required, as a condition of approval, to reimburse the City for costs incurred in maintaining and enforcing the trip reduction program for the approved project.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)