Brisbane Municipal Code Ch. 10.52 Transportation Demand Management

Footnotes:

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Editor's note— Ord. No. 686, § 1, adopted Oct. 19, 2023, repealed the former Ch. 10.52, §§ 10.52.010—10.52.070, and enacted a new Ch. 10.52 as set out herein. The former Ch. 10.52 pertained to transportation system management program and derived from Ord. 398 § 2(part), adopted in 1995.

The council of the city finds and determines that:

A. Continued growth in both the city and the overall region have led to increased vehicle trips, longer commute times, and a continued need for transportation management.

B. Future development in the city and the region is likely to lead to additional vehicle trips, particularly during the a.m. and p.m. commute hours.

C. A reduction in daily vehicle miles traveled (VMT) for residential and nonresidential developments is proposed to reduce greenhouse gas emissions and improve air quality.

D. There is limited capacity to expand existing roadway infrastructure and roadway expansions have the potential to induce greenhouse gas emissions, depending on the type of expansion.

E. Decreasing the amount of VMT during both the peak periods and across the day will improve quality of life, help manage use of existing city infrastructure, and help make Brisbane an attractive and convenient place to live, work, visit and do business.

F. Transportation demand management programs can help to reduce VMT, and can be even more effective when coordinated at a regional level, and when utilizing acknowledged best practices to encourage mode shift away from single occupant vehicles

G. Participation in the Peninsula Traffic Congestion Relief Alliance (Commute.org) has helped manage VMT growth in the city, however additional efforts to decrease VMT have been proposed to further reduce VMT and vehicle trips.

H. Developing additional measures for new developments to ensure they offer robust transportation demand management programs, comply with design best practices to reduce reliance on private automobiles, and work towards the city's goals is the next logical step in working to alleviate both VMT and the environmental impacts of new developments.

I. The Sierra Point subarea, due to limited roadway access, experiences higher levels of congestion compared to Brisbane as a whole and may require more aggressive actions to manage VMT and vehicle trips.

J. The San Mateo County Congestion Management Program requires projects generating more than one hundred (100) daily vehicle trips to implement an appropriate TDM program; this chapter meets the relevant CMP requirements. Projects which are consistent with the city's TDM program are considered consistent the C/CAG's CMP TDM policy.

(Ord. No. 686, § 1, 10-19-23)

The specific purposes of this chapter are:

A. Reduce the number of VMT generated by new and existing development.

B. Manage vehicular trips, especially trips associated with drive-alone commute trips during peak traffic periods (6:00 a.m.—10:00 a.m. and 3:00 p.m.—7:00 p.m. on weekdays).

C. Promote more efficient utilization of existing transportation facilities and ensure that new developments maximize usage of shuttle services, transit, active transportation, carpooling, and vanpooling.

D. Increase awareness of and promote greater public use of walking, bicycling, transit, carpooling, and vanpooling.

E. Develop a set of transportation demand management (TDM) programs designed to ensure the most effective types of TDM measures are included in all new developments.

F. Achieve compliance with the City/County Association of Governments of San Mateo County's (C/CAG) Congestion Management Program within the City of Brisbane thereby avoiding multiple rounds of regulatory review.

(Ord. No. 686, § 1, 10-19-23)

For the purposes of this chapter, the following definitions apply:

A. "Average daily trips" shall mean the average number of vehicle trips (inclusive of all auto, freight, and other motorized travel) to and from a project site on a typical weekday, not including holidays and excluding construction vehicle related trips.

B. "Peak period" shall mean the busiest or most popular travel time on weekdays (6:00 a.m.—10:00 a.m. and 3:00 p.m.—7:00 p.m.).

C. "Project" shall mean any construction, development, or infrastructure project, that requires the issuance of any discretionary planning permit pursuant to Brisbane Municipal Code Title 17 or a building permit under Brisbane Municipal Code Title 15.

1. "Trade commercial project" shall mean any nonresidential use, other than warehousing, office, and research and development, defined under Chapter 17.02 that is permitted or conditionally allowed in any trade commercial zoning district.

2. "Mixed-use project" shall mean any project consisting of two (2) or more of the following:

a. Residential dwelling units

b. Trade commercial

c. Warehousing, office, and research and development

(Ord. No. 686, § 1, 10-19-23)

The requirements of this chapter shall apply to any of the following:

A. All projects that generate one hundred (100) or more average daily trips, based on localized factors and reasonable trip generation estimates, which includes, but is not limited to, data from the Institute of Traffic Engineers (ITE) trip generation rates, or the trip generation data from vehicle miles traveled (VMT) calculations. As part of this analysis the city may consider the ability of a project to displace existing vehicle trips, i.e. the net change in average daily trips. The community development director, or their designated representative, may determine what constitutes a reasonable trip generation rate.

B. Any nonresidential project applying for a planning or building permit for improvements valued at more than five hundred thousand dollars ($500,000.00) in construction costs, regardless of the number of average daily trips generated.

C. Any project involving additions, alterations, or major rebuilds to a lawfully constructed building completed within any five-year period subject to the requirements set forth in Chapter 15.10 of Title 15, regardless of the number of average daily trips generated.

(Ord. No. 686, § 1, 10-19-23)

The following projects are exempt from this chapter:

A. Specific Plans. All projects in an area subject to a specific plan shall comply with TDM requirements, which shall be at least as stringent as the provisions of this chapter, imposed by that specific plan.

B. Previously Entitled Projects. Projects with an approved development agreement or, prior to November 18, 2023, that have an approved vesting tentative map shall be measured according to the performance standards specified in their respective conditions of approval. Projects for which the City has issued a building permit prior to November 18, 2023 shall also be measured according to the performance standards specified in their respective conditions of approval, provided, however, that if such project requires one or more additional building permits one or more of which meet the applicability standards within subsection 10.52.040, the performance standards in this chapter shall apply.

C. Affordable Housing. Multifamily residential projects in which one hundred percent (100%) of the dwelling units are designated as affordable, inclusionary, or target units per BMC Chapter 17.31.

D. Small Residential Projects. Any residential project consisting of either of the following:

1. Fewer than twenty (20) multiple-family dwelling units as defined as defined in Section 17.02.235 of Title 17; or

2. Fewer than ten (10) single-family dwellings as defined in as defined in Section 17.02.235 of Title 17; or

3. Fewer than seven (7) duplexes (i.e., fewer than fourteen (14) duplex dwelling units) as defined in Section 17.02.230 of Title 17.

E. Accessory Dwelling Units and Junior Accessory Dwelling Units. Accessory dwelling units and junior accessory dwelling units, as defined in Section 17.02.235 of Title 17.

F. Projects with Environmental Benefits. Any project, as determined by the community development director, which results in an environmental benefit to the city and will not generate new average daily trips (including projects which generate localized trips but displace other existing trips) or are under one hundred (100) average daily trips.

(Ord. No. 686, § 1, 10-19-23)

A. Tiers of Compliance. All projects subject to the requirements of this chapter shall incorporate trip reduction measures, prescribed under Section 10.52.070, based on the following three (3) tiers. Mixed-use projects are subject to the highest applicable tier for any single project component:

1. Tier 1. The following projects shall implement all Tier 1 TDM measures, submit an initial self-certification report, and an annual self-certification report thereafter for the first six (6) years after occupancy:

a. All nonresidential projects that do not meet the criteria for Tier 2 or Tier 3; and

b. Residential projects not exempted under Section 10.52.050 of this title.

2. Tier 2. The following projects shall implement all Tier 1 and 2 TDM measures, submit an initial self-certification report, an annual self-certification report thereafter and conduct annual mode share surveys for the first twenty (20) years after occupancy:

a. Office and research and development (R&D) projects between ten thousand (10,000) and fifty thousand (50,000) square feet of gross building square footage; and

b. All warehousing and trade commercial projects.

3. Tier 3. The following projects shall implement all Tier 1, 2, and 3 TDM measures, submit an initial self-certification report, and annually monitor progress towards a target mode share of fifty-two percent (52%) of employees commuting via driving-alone and annually submit a self-certification report thereafter detailing the findings of yearly surveys and driveway counts in perpetuity:

a. Office and R&D projects with greater than fifty thousand (50,000) square feet of gross building square footage.

B. Annual Compliance Reporting. All projects subject to the requirements of this chapter shall submit a self-certification report one year from issuance of the first certificate of occupancy and/or building permit final, whichever occurs first, and annually thereafter pursuant to subsection A of this section.

1. Exception. Tier 1 and Tier 2 local-serving, nonresidential uses, including retail and hotel, as determined by the community development director, are not subject to annual monitoring by the city unless found to have a significant impact to VMT during environmental review.

(Ord. No. 686, § 1, 10-19-23)

A. All projects subject to the requirements of this chapter shall implement all the required measures per the applicable tier of compliance prescribed in this section and/or contained within the City of Brisbane's Transportation Demand Management Strategy document or successor TDM document.

1. Tier 1 Measures:

a. Designate a dedicated TDM coordinator to serve as point person of the project and engage in regular marketing activities, including sharing information on transportation alternatives;

b. Participate in Commute.org trip reduction programs;

c. Provide bicycle and pedestrian-oriented site access;

d. Provide bicycle parking per city code;

e. Provide upgrades to pedestrian, bicycle, or transit infrastructure along the Project's frontage as requested by the city; and

f. Complete an annual self-certification report for a designated time period as required by Section 10.52.060 of this title.

2. Tier 2 Measures. All Tier 1 measures plus all of the following:

a. Provide financial contributions toward Commute.org's shuttle operations consortium, or successor organization designated by the city, at a level to be specified by Commute.org (or successor organization designated by the city) based on project's size and proximity to shuttle service; and

b. Provide pre-tax commuter benefits to employees.

c. Conduct annual employee mode share surveys for informational purposes.

3. Tier 3 Measures. All Tier 1 and Tier 2 Measures plus all of the following:

a. Encourage telecommuting and flexible work schedules;

b. Right-size parking supply within city required maximums per Chapter 17.34;

c. If located within the SP-SCRO Zoning District, provide a fair share financial contribution toward a Commute.org shuttle service (or successor organization designated by the city) proposed to achieve a peak period frequency of fifteen (15) minutes or better to BART and Caltrain;

d. Provide a subsidized carpool and vanpool program;

e. Provide parking cash-out or implement paid parking on-site;

f. Provide transit subsidy benefits up to the IRS maximum amount;

g. Provide access to end-of-trip bicycle facilities including showers, lockers, and a bicycle repair station on-site, or within 100 yards of the site; and

h. Conduct annual employee mode share surveys and driveway counts to monitor progress towards a fifty-two percent (52%) drive alone mode share goal.

B. Additional measures not listed in this section may be applied at the city's discretion.

C. The city may reduce the requirements of this section or chapter if a project is shown to attain VMT values consistent with local, regional, or state goals without implementation of all measures required herein.

(Ord. No. 686, § 1, 10-19-23)

A. Submittal Requirement. The following TDM documentation shall be submitted with any discretionary planning permit application and/or building permit application:

1. TDM Checklist (all tiers);

2. (Tier 3 projects only) TDM plan, including:

a. A letter documenting the project's proposed trip reduction measures consistent with the requirements identified in Section 2.7 (10.52.070);

b. An annotated site plan that designates trip reduction design elements; and

c. Property owner certification that the required measures will be implemented and maintained per Section 10.52.060 and monitored per Section 10.52.090.

3. (If applicable) Tenant concurrence letter demonstrating acknowledgement and cooperation with the proposed trip reduction measures, including:

a. Tenant certification that applicable trip reduction measures are identified in their lease; and

b. A summary of how the tenant is implementing applicable TDM measures.

4. Additional documentation not listed above may be required at the discretion of the city.

B. Approvals Process. The community development director shall review the documentation required pursuant to subsection A of this section and determine if the proposed TDM program includes all required TDM measures and is adequate to achieve the relevant performance target for the project.

(Ord. No. 686, § 1, 10-19-23)

All projects are subject to the following monitoring and enforcement process:

A. Initial Compliance Report. Prior to building permit issuance, all projects must submit an initial compliance letter to the community development director documenting trip reduction measures and how their TDM program will be implemented.

B. Annual Compliance Report. All projects, unless excepted under subsection 10.52.060.B.1, are required to submit an annual compliance report documenting the continued implementation of TDM measures pursuant to the requirements contained within Section 10.52.060 to the community development director.

1. Tier 2 and Tier 3 Projects. Annual compliance reports shall include results from surveys and driveway counts pursuant to subsection 10.52.060.A.2.

2. Tier 3 Projects. Tier 3 projects that do not achieve the target drive alone mode share prescribed under subsection 10.52.060.A.3 shall include proposed changes to their TDM program to further reduce VMT and vehicle trips with the annual compliance report.

C. Penalty for Noncompliance. The violation of any provision of this chapter is unlawful, hereby declared to be a public nuisance, and shall be subject to the following:

1. All Projects. Failure to submit the required annual compliance report prescribed under subsection B, or submission of an incomplete annual compliance report, shall be punishable as set forth in Chapters 1.14, 1.16, and 1.18 of this Code.

2. All Projects. Failure to implement and maintain trip reduction measures prescribed under Section 10.52.070 shall be punishable as set forth in Chapters 1.14, 1.16, and 1.18 of this Code.

3. Tier 3 Projects. Failure to implement and maintain trip reduction measures prescribed under Section 10.52.070 and/or if the target mode share is not being achieved shall result in the following penalties

a. First Violation. The city will direct the participant to modify its TDM program to achieve compliance.

b. Second Violation. The city will direct the participant to coordinate with Commute.org, or successor agency, or retain an independent consultant to identify additional program modifications to achieve compliance.

c. Third Violation. The city shall assess a fine per a city council approved resolution. Fines shall be assessed for each additional violation in subsequent years.

D. Appeals. Any person receiving a notice of violation or correction issued under this chapter may file a notice of appeal with the city clerk within ten (10) days after receipt of the notice to challenge the determination that a violation occurred, that corrective action is necessary, or in the case of a fine imposed on the owner of a Tier 3 project, the amount of the fine.

1. The city manager, or designee, shall conduct an administrative hearing within thirty (30) days after the filing of the appeal. With the consent of the appellant, the matter may be continued if additional time is needed for the city manager to evaluate the appeal.

2. The city manager, or designee, shall render a written decision within ten (10) days after the conclusion of the hearing and may affirm, reverse or modify the determination whether there has been a violation, whether corrective action is necessary, and/or the amount of the fine. The city manager, or designee, may consider whether the participant has made a good faith effort to achieve the required alternative mode use.

3. The decision of the city manager, or designee, shall be final.

(Ord. No. 686, § 1, 10-19-23)