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.
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).
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)