Davis Municipal Code Art. 22.15 Transportation Systems Management Requirements

The purpose of this article is to establish transportation systems management requirements for employers located in the city. These requirements will promote 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; and

(d) Establish TSM goals for employers so that a significant number of their employees are encouraged to arrive at the work site by means other than single-occupant vehicles.

(Ord. 1655 § 1)

The city council hereby finds and declares that:

(a) The city general plan calls for population growth in the urban area to reach seventy-five thousand by the year 2010, 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.

(d) The city, as an employer, and other public agencies have pledged to make an effort to cooperate and implement the intent of this article at all work sites.

(e) The city and the University of California, Davis jointly funded and coordinated the development of their transportation systems management plans, which serve as the foundation for good faith efforts to achieve the goals of the California Clean Air Act.

(Ord. 1655 § 1)

Alternative commute mode

means a transportation method other than a single-occupant vehicle.

Average vehicle ridership (AVR)

means the figure derived by dividing the employee population at a work site, that report to work during the AM peak period, by the number of single- occupant autos (that have not dropped off employees at other work sites en route) driven by these employees commuting from home to the work site during these hours. Zero emission vehicles will be excluded from the count.

Carpool

means shared ride(s) by two or more employees in motor vehicles to and from their worksite(s) (e.g., children do not count as carpoolers).

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 the city council;

(4)

It is covered by a single-subdivision parcel map;

(5)

It is operated by a single management;

(6)

It shares common private parking; or

(7)

Any multitenant, nonresidential building or contiguous group of buildings under common ownership, which is not included within any of the points stated above.

Compressed work week

means the schedule of any forty-hour-per-week weekday employee who regularly works less than ten days during any fourteen-day period. An example of such a schedule would be four ten-hour work days per week.

Employee

means any person hired an employer, including part-time and seasonal workers, but excluding any independent contractors hired by the employer. For purposes of survey information, an employer who owns a business and arrives at the work site during the commute peak period shall be defined as an employee.

Employer

means any public or private entity, including the city, with a permanent place of business or work site in the city. Employers with less than ten employees (including any working owners) are excluded from compliance with this article.

Existing complex

means a complex that has been issued a building permit prior to the effective date of the ordinance codified in this article.

Major employer

means an employer who employs one hundred or more employees.

Minor employer

means an employer who employs ten to ninety-nine employees.

Peak period

means the commute hours from 6:00 a.m. to 10:00 a.m. during weekdays.

Ridesharing

means two or more persons traveling together (see carpool).

Single-occupant vehicle (SOV)

means an automobile, light truck or motorcycle 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 work site. Training to be approved by the city or transportation management association.

Transportation management association (TMA)

means an organization formed under Section 501(c)(4) of the Internal Revenue Code for purposes of providing services that promote efficient transportation system programs.

Transportation management certificate (TMC)

means a document issued by the city to denote compliance with the requirements set forth in this article.

Transportation management plan (TMP)

means a document detailing transportation systems management measures to reduce vehicle trips to and from the work site.

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 with the responsibility for the implementation of the article.

TSM handbook

means a document prepared by an employer or TMA for use by employees to further the goals of this article.

Work site

means the place of employment, base of operation or location of employees.

Zero emission vehicle (ZEV)

means any vehicle deemed a zero emission vehicle by the California Air Resources Board.

(Ord. 1655 § 1)

(a) Major employers. All major employers within the city shall obtain a transportation management certificate (TMC) as described in Section 22.15.050. Complexes with a total of one hundred or more employees shall be treated under this article as a major employer, unless classified as an existing complex. In existing complexes, individual employers shall be classified as defined in Section 22.15.030.

(b) Minor employers.

(1) 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 for the distribution of alternative commute information including transit information and ridesharing applications; promote the sale of transit passes; assist in establishing car/van pools with preferential parking options; and promote employee benefits which encourage alternative commute modes;

(C) Provide newly hired employees with alternative commute mode information that includes pertinent transit information and ridesharing applications;

(D) Cooperate with the city in an annual survey of employee commute patterns to determine average vehicle ridership (AVR);

(E) Active membership in a TMA may be substituted for items (A), (B) and (C) above.

(c) Residential developments.

(1) New residential developments shall be designed to further the goals of this article. Transit access and design features which encourage ridesharing, walking and bicycle use shall be considered in all new proposals.

(2) The city or the designated TMA 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 or provided by the TMA, on alternate transportation modes.

(d) Projects. All new projects shall be designed to further the goals of this article.

(1) Major projects shall be those which, using a standard reference work, are expected to be occupied by one hundred or more employees. All major projects within the city shall obtain a transportation management certificate (TMC) as described in Section 22.15.050.

(2) Minor projects shall be those which, using a standard reference work, are expected to be occupied by ten to ninety-nine 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) or TMA to maintain and provide current information, as outlined under Section 22.15.040(b).

(3) Expansion projects shall mean any development which proposes structural expansion. If after such expansion the development will be the primary place of business of between ten to ninety-nine employees, as shown by a standard reference work, it shall be deemed a minor project. If after such expansion the development will be the primary place of business of one hundred or more employees, as shown by a standard reference work, it shall be deemed a major project.

(e) Exemptions. Notwithstanding any other provisions of this article, the following activities shall be exempt from the requirements of this article:

(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 ninety 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 article in accordance with the schedule set below:

(1) All employers shall comply with the provisions of this article within eighteen months after the effective date of the ordinance codified in this article. A TMC will not be required of any group or individual until six months after the effective date of the ordinance codified in this article. After this period, major employers must file a TMP annually.

(2) All major projects are required to comply with the provisions of this article beginning six months after the effective date of the ordinance codified in this article.

(3) All minor projects are required to comply with the provisions of this article beginning one year after the effective date of the ordinance codified in this article.

(Ord. 1655 § 1)

(a) Certificate requirements.

(1) All major employers and major projects shall be required to file a transportation management plan (TMP) with the transportation systems management (TSM) administrator.

(2) The goal of the TMP is to designate TSM measures which will result in an average vehicle ridership (AVR) of 1.5 during the peak period by 1999. Based on employee surveys, an existing base year AVR will be established for each employer. The difference between the base year and the 1.5 AVR goal will be divided by the number of years between the base year and 1999 to establish the yearly increase in the AVR goal for that employer.

(3) A TMC shall be granted to the major employer or major project for a one-year period upon approval of the TMP by the TSM administrator.

(Ord. 1655 § 1)

(a) Requirements.

(1) Goal of 1.5 Average Vehicle Ridership (AVR). The goal of this article is to have an AVR of 1.5 for peak period commute trips by 1999, in order to comply with state mandate. Employers and projects shall develop TMPs with yearly progress goals for increasing alternative commute modes for their employees or tenants.

Membership in a TMA. The goal of 1.5 AVR will be reduced to 1.4 for major employers if they join a TMA. This goal may be further reduced to 1.35 AVR for active membership in a TMA that has maintained an overall 1.35 AVR.

(2) Minimum Requirements.

(A) Major 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 AVR in the following year; and

(iv) Provide a plan for implementing the selected TSM measures.

(B) Major project (TMP), at a minimum, 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 AVR goal. After the plan is approved by the city, it shall be made binding on the property owner and any successors in interest;

(v) 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 with the TSM administrator.

(3) Multiple Work Sites. The TMP of a major employer with multiple work sites, each having one hundred or more employees, shall address TSM measures for each site. If the employer has work sites with ninety-nine or less employees, the TMP shall list all work sites and the number of employees at each site. The AVR goals shall apply to the total number of employees commuting to all work sites of the major employers.

(4) Coordination of TMP Requirements.

(A) If the work site 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 within a complex may, with the consent 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 article. The TMP, if accepted by the TSM administrator, would be applicable to each entity within the complex and the complex itself. Violations of the Article would apply to each entity individually. Existing complexes may also coordinate in this manner.

(5) Issuance of TMC. At least sixty days before the schedule set forth in Section 22.15.040, all persons required by this article 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 Section 22.15.050. On-site visits to work areas by the TSM administrator may be conducted as necessary to determine compliance with these provisions.

Except as otherwise provided, the TSM administrator shall approve the TMP upon finding that the requirements contained in this article 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.

The TSM administrator shall also notify, in writing, any other person who has requested notice of the decision and proceedings on any particular TMC or on TMCs in general.

A decision to approve or disapprove the TMP shall be deemed final fourteen calendar days after the date that the applicant receives notice of the TSM administrator's decision, unless an appeal has been filed.

(6) Renewal of Certificate.

(A) Renewal of Certificates with Less Than 1.5 AVR. The TMC shall be renewed annually. 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. The employer or designee shall submit the required information to the TSM administrator.

If the information provided indicates the employer or project has achieved the peak period AVR goal, a TMC shall be renewed as specified in Section 22.15.050. If the information provided indicates that the goal has not been reached after a period of two years, the employer or project shall amend its TMP to include additional TSM measures.

(B) Attainment of Reduction Goal. If the monitoring information provided for the renewal of the TMC indicates the achievement of the AVR goal during two consecutive years, the employer or project may apply for a TMC valid for two years.

(Ord. 1655 § 1)

(a) For employers required to obtain a TMC under Section 22.15.050, a good faith effort to carry out provisions of the TMP shall be measured by the following criteria:

(1) Membership in a TMA;

(2) Documented activities of the transportation coordinator;

(3) Number of employees that have made mode choice changes from the single- occupant vehicle during the past year;

(4) Other criteria established by the TSM administrator.

(b) Major employer. If a major employer fails to file a plan or fails to make a good faith effort to carry out the provisions of the plan as determined by the TSM administrator within sixty days following receipt of written notice, a penalty of one hundred dollars per day shall be imposed.

(c) Minor employer. If a minor employer fails to make a good faith effort to comply with the provisions of Section 22.15.040(b), the following fee penalties shall be imposed:

(1) For failure to comply within thirty days following receipt of written notice from the TSM administrator—two hundred fifty dollars.

(2) For failure to comply within thirty days following receipt of second written notice from the TSM administrator—one thousand dollars.

(Ord. 1655 § 1)

Any decision of the TSM administrator pursuant to this article may be appealed to the city manager within ten days. After a hearing, the city manager may confirm, modify, or nullify the decision of the TSM administrator. The decision of the city manager shall be final.

(Ord. 1655 § 1)