Berkeley Municipal Code Ch. 23.334 Transportation Demand Management

A. Purpose. The purpose of this chapter is to establish a Transportation Demand Management (TDM) Program that supports:

1. Transportation Element goals to reduce vehicle trips, encourage public transit use and promote bicycle and pedestrian safety, and

2. Climate Action Plan goals to reduce private vehicle travel and promote mode shift to more sustainable transportation options. (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Applicability.

1. The requirements of this chapter apply to residential projects with ten or more units, including residential portions of mixed-use projects.

2. For projects that add ten or more units to an existing building or property, the requirements of this chapter apply to all of the units (existing and new) on the property.

3. The following types of projects are exempt from the requirements of this chapter:

(a) Projects for which a building permit was issued before March 19, 2021.

(b) Residential projects, including the residential portion of mixed-use projects or projects that add units to an existing building or property, in the C-DMU district;

(c) Residential projects, including the residential portion of mixed-use projects, with the majority of the units subject to recorded affordability restrictions. If added to an existing building or property, the entire building or property is exempt.

4. Projects in the Southside Plan area are exempt from the transit benefit requirements in Section 23.334.030.B--Transportation Demand Management Program Requirements (Transit Benefit). (Ord. 7787-NS § 2 (Exh. A), 2021)

A. Unbundled Parking. Parking spaces provided for residents shall be leased or sold separate from the rental or purchase of dwelling units for the life of the dwelling units.

B. Transit Benefit.

1. At least one of the following transit benefits shall be offered, at no cost, to project residents for a period of ten years after the issuance of a Certificate of Occupancy.

(a) A monthly pass for unlimited local bus transit service; or

(b) A functionally equivalent transit benefit in an amount at least equal to the price of a non-discounted unlimited monthly local bus pass. Any benefit proposed as a functionally equivalent transportation benefit shall be approved by the Zoning Officer in consultation with the Transportation Division Manager.

2. For projects that include 99 dwelling units or fewer, the project shall provide one transit benefit per bedroom, up to a maximum of two benefits per dwelling unit. For projects of 100 dwelling units or more, the project shall provide one transit benefit for every bedroom in each dwelling unit.

3. For projects that include Group Living Accommodations, the project shall provide one transit pass per Group Living Accommodation bedroom.

4. A notice describing these transportation benefits shall be posted in a location or locations visible to residents.

C. Real-Time Transportation Information. Any project subject to this chapter shall provide publicly-available, real-time transportation information in a common area, such as a lobby or elevator bay, on televisions, computer monitors or other displays readily visible to residents and/or visitors. Provided information shall include, but is not limited to, transit arrivals and departures for nearby transit routes. (Ord. 7955-NS § 32, 2025; Ord. 7787-NS § 2 (Exh. A), 2021)

A. Site Inspection Before Certificate of Occupancy. For projects subject to this chapter, before issuance of a Certificate of Occupancy, the property owner shall facilitate a site inspection by Planning Department staff to confirm that the physical improvements required in Section 23.334.030.C--Transportation Demand Management Program Requirements (Real-Time Transportation Information) and 23.322.090--Bicycle Parking have been installed. The property owner shall also provide documentation that the programmatic measures required in 23.334.030.A (Unbundled Parking) and 23.334.030.B (Transit Benefit) will be implemented.

B. Regular TDM Compliance Reporting. The property owner shall submit to the Planning Department TDM Compliance Reports in accordance with Administrative Regulations promulgated by the Zoning Officer that may be modified from time to time to effectively implement this chapter.

C. Administrative Fees. Property owners may be required to pay administrative fees associated with compliance with this chapter as set forth in the City’s Land Use Planning Fees schedule. (Ord. 7787-NS § 2 (Exh. A), 2021)