East Palo Alto Municipal Code Ch. 10.32 Transportation Demand Management Program

Footnotes:

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Editor's note— Ord. No. 03-2021, § 1, adopted June 1, 2021, amended Ch. 10.32 in its entirety to read as herein set out. Former Ch. 10.32, §§ 10.32.010—10.32.070, was entitled "Transportation System Management Plan," and derived from Ord. No. 122, §§ 1—7, 1990.

The city council of the city finds and determines that:

A. Traffic volumes and congestion in San Mateo County and the surrounding region have increased appreciably in recent years;

B. Regional data shows that morning intersection operations at University Avenue and Bayfront Expressway (SR-84) have degraded from a level of service "B" in 2005 to "C" in 2019 while afternoon intersection operations have degraded from level of service "E" in 2005 to "F" in 2019 (Source: San Mateo County Congestion Management Program 2019.);

C. Increased congestion on major arterials has created more cut-through traffic and vehicle speeding on collector roads and local streets that impact public safety and quality of life;

D. Population and employment growth in San Mateo County and the surrounding region is expected to continue, contributing to growing traffic congestion;

E. Traffic congestion is a regional problem that requires coordinated and concerted actions by local governments, employers, transit providers, and other public and private sector stakeholders;

F. Traffic congestion can be managed through transportation demand management (TDM) strategies that reduce the demand for single-occupancy driving through techniques like ridesharing, increased use of public transit, and compressed work weeks that reduce the number of work days each week;

G. The city/county association of governments (C/CAG) has adopted the San Mateo County Congestion Management Program (CMP) that calls for cities to include TDM measures when making land use decisions;

H. The city supports TDM programs and commits itself to reducing traffic congestion, particularly for vehicle travel that starts outside the city;

I. Adoption of the TDM provisions codified in this chapter is one component of the city's participation in countywide transportation planning efforts, which also includes policies related to land use, transit improvements and traffic operational improvements;

J. Adoption of this TDM chapter will promote public health, safety, economic vitality and general welfare, within the city, county and region, and is consistent with the city's general plan; and

K. Traffic congestion in East Palo Alto has impacted air pollutant emissions which have respiratory implications for public health and contribute to greenhouse gases that contribute to global climate change and increased asthma rates in the city.

(Ord. No. 03-2021, § 1, 6-1-2021)

The city establishes this TDM program for the following purposes:

A. To improve mobility in the city, county and surrounding region by reducing up to forty percent (40%) of vehicle trips;

B. To reduce vehicle emissions, energy use and ambient noise levels as a result of fewer vehicle trips, fewer vehicle miles travelled and reduced traffic congestion; and

C. The city will periodically reevaluate its program in conjunction with any countywide TDM program and will revise it when warranted by traffic conditions and demonstrated results of the TDM program.

(Ord. No. 03-2021, § 1, 6-1-2021)

The following definitions apply to words and phrases used in this chapter:

"Alternative modes" means any mode of transportation other than single-occupancy vehicle trips, including transit, walking, biking, ridesharing and others.

"Average daily trips (ADT)" is the average total number of motor vehicle trips to and from a location, within a twenty-four-hour weekday period, generated by a particular use or development.

"Baseline conditions" are based on institute of transportation engineers (ITE) rates based on building area or as defined by the TDM program guidelines.

"Carpool" means a motor vehicle occupied by two or more persons commuting together.

"City TDM program administrator" means the person authorized by the city manager to administer the TDM program.

"Commute" means a trip from home to work or from work to home.

"Commute alternatives" means and includes any alternative to commuting in a single occupancy vehicle and includes, but is not limited to, carpools, vanpools, bicycles, transit, alternative work hours, telecommuting and walking.

"Compressed work week" means a regular weekly work schedule of approximately forty (40) hours completed in fewer than five days during a week, such as four, ten-hour work days.

"Developer TDM plan" means an enforceable plan from a regulated developer to commit future employers to comply with TDM requirements as applicable.

"Employee" means any person hired by an employer to perform work at the worksite, including part-time and seasonal employees working twenty (20) or more hours per week, but excluding independent contractors.

"Employer" means any public or private employer, including the city, with a permanent place of business in the city. A large employer is an employer with one hundred (100) or more employees. A small employer is an employer with less than one hundred (100) employees.

"Employer TDM plan" means a written report from a regulated employer in a format to be determined by the city TDM program administrator, designating a worksite TDM coordinator, providing for training of the TDM coordinator, describing the overall approach for achieving program requirements and documenting monitoring and reporting procedures.

"Flexible work hours" means a flexible work schedule in which an employee is permitted discretion, within certain fixed parameters, as to the hours for starting and completing the work day.

"Parking management" means expanding, restricting or pricing the supply of parking in order to support TDM objectives and may include provision to employees of transit passes, cash subsidies in place of free parking, or imposition of parking charges.

"Single-occupancy vehicle" means a motor vehicle occupied by one person of driving age, excluding motorcycles or other two-wheeled vehicles.

"Vehicle trip" means a commute-related trip by an employee using a private automobile to or from a worksite. For residential projects, this means any trip by private automobile to and from a residence.

"Worksite" means the usual and customary place of employment, base of operations or predominant location of an employee.

"Worksite TDM coordinator" means a person designated by an employer to implement a TDM program required pursuant to the provisions of this chapter.

(Ord. No. 03-2021, § 1, 6-1-2021)

A TDM program shall be required as follows:

A. New Development.

1. Any development proposal that has not received entitlement approvals by January 1, 2022 is subject to the requirements of this chapter, as applicable. Developments in an area subject to a specific plan may have to comply with any additional or different TDM requirements imposed by that specific plan.

2. All new development, if it meets the following thresholds, and generates more than one hundred and ten (110) average daily vehicle trips, is subject to this chapter:

a. Residential ten (10) or more residential units.

b. Nonresidential ten thousand (10,000) square feet or greater.

B. Existing Nonresidential Uses—Commute Alternative Information. Each employer of twenty-five (25) or more employees shall, in coordination with the city TDM program administrator, distribute to its employees commute alternative information on ridesharing, transit, bicycling and other commute alternatives. Distribution shall be completed prior to submittal for renewal of a business license and documented in conjunction with submittal of a business license renewal. All other requirements would only be imposed if the employee threshold is met.

1. With One Hundred (100) or More Employees. This chapter is effective as of January 1, 2022, for nonresidential uses with one hundred (100) or more employees, as applicable.

2. Below One Hundred (100) Employee Threshold. Nonresidential uses with below one hundred (100) employees shall provide commute alternative information as defined above.

C. Potential Owner or Lessee. Project owners are required to notify any potential lessee or potential owner in consideration of occupying or purchasing the property of the requirements of this chapter. If an owner of a project subject to the TDM ordinance executes a lease with a tenant or sells the property to a new owner, the owner shall provide the city with confirmation that the TDM agreement was presented to the new owner/tenant.

(Ord. No. 03-2021, § 1, 6-1-2021)

A. City TDM Program. In order to carry out the transportation demand management program, the city manager shall designate a city TDM program administrator. The city manager may contract for this position, may join with other cities in a joint powers agreement or devise another arrangement for the provision of this service.

B. The city council hereby authorizes the city manager to adopt TDM program guidelines to implement this chapter to ensure the efficient administration of this chapter. These procedures and guidelines are incorporated by reference into this chapter as the TDM program guidelines, which may be amended periodically by the city manager. Compliance procedures and standards shall be established in the TDM program guidelines, which shall contain specific requirements, and which may be revised from time to time.

C. Existing Nonresidential Requirements—TDM Plans. Every year beginning January 2022, prior to January 30, each project owner with one hundred (100) or more employees shall prepare and submit to the city TDM program administrator, an employer TDM plan that demonstrates how the worksite will achieve a forty percent (40%) reduction from baseline conditions in average daily trips.

D. Alternative Compliance if Reduction Target is Not Achieved. If a regulated property or project fails to meet the forty percent (40%) trip reduction target, a penalty fee for the difference between the actual and trip reduction target will be assessed. The fee shall be established by resolution of the city council. Penalties may increase the further the program is from achieving its trip reduction goals.

E. Non-Residential Developer Requirements.

1. Commute Alternative Information. Each developer shall, in coordination with the city TDM program administrator, develop and submit an enforceable plan to have all future employers distribute commute alternative information on ridesharing, transit, bicycling and other commute alternatives. The plan shall be submitted prior to the approval of an entitlement permit.

2. Developer TDM Plan. Each developer shall include a developer TDM plan that demonstrates how the site will achieve a forty percent (40%) reduction from baseline conditions in average weekday daily vehicle commute trips.

3. The developer TDM plan shall be reviewed and approved by the city TDM program administrator during the entitlement process and must be approved before any approval of project entitlements.

F. Residential Developer Requirements.

1. Commute Alternative Information. Each developer shall, in coordination with the city TDM program administrator, develop and submit an enforceable plan that demonstrates compliance with the TDM requirements. The plan shall be submitted prior to the approval of an entitlement permit.

2. Developer TDM Plan. Each developer shall submit and implement a TDM plan that demonstrates how the development will support TDM strategies in the city and will achieve a forty percent (40%) reduction from baseline conditions in average daily trips.

3. Alternative Compliance. If achieving reduction target cannot be demonstrated. If a developer cannot sufficiently demonstrate compliance with applicable requirements, an in-lieu fee for the difference between the actual and target trip reduction target may be assessed, payable prior to approval of project entitlements. The fee shall be established by resolution of the city council.

4. If a residential project developer believes that there are circumstances that create an unreasonable hardship in meeting the TDM requirements, the developer may apply for an exemption in the development application. The burden is on the developer to show there is significant hardship. A significant hardship is defined as practical infeasibility or an end result inconsistent with the purposes of this chapter. Hardship exemptions shall be granted in unusual circumstances based upon a showing that the public interest is not served by enforcing compliance or other compelling circumstances. The exemption request shall be decided by the approval authority for the development permit. The exemption process shall be established in the TDM program guidelines.

G. Modifications of TDM Plan. A request to modify a TDM plan may only be granted if the modification will be at least as effective as the original TDM plan in meeting the objectives and purposes of this chapter.

(Ord. No. 03-2021, § 1, 6-1-2021)

A. The city council may assess annual fees on developers and public and private employers in order to defray the costs of administering the city's TDM program. The fee shall be established by resolution of the city council.

B. The city council will determine the availability and amount of in-lieu fees payable by regulated entities unable to meet the requirements of this chapter. In-lieu fees will only be available to entities that meet the chapter's requirements to develop, submit, and implement an employer or developer TDM plan.

(Ord. No. 03-2021, § 1, 6-1-2021)

A. A project owner or employer who fails to comply with the provisions of this chapter shall, after thirty (30) days' written notice to remedy the failure, be guilty of an infraction as set forth in Chapter 1.12. Failure to comply includes but is not limited to failure to: a) submit an employer TDM plan, b) implement strategies in the developer TDM plan, or c) pay the in-lieu fee to address any shortfall in meeting trip reduction targets. Each failure to supply data, reports, programs or to implement the employer TDM plan shall constitute a separate violation.

B. Any project owner or employer failing to comply with the provisions of this chapter, within ninety (90) days of written notice to comply, shall be liable to the city for a civil penalty, as set forth in Chapter 1.14. The civil penalty shall be in addition to any fine that may be assessed.

(Ord. No. 03-2021, § 1, 6-1-2021)

Project owners and employers may be subject to periodic audits to confirm compliance with the program. Audits may include but are not limited to:

1. On-site driveway counts during a representative week to validate vehicle trip survey data. Such counts must be performed by third-party consultants or entities and are at the expense of the regulated entity. Any results would be adjusted to discount for visitor, vendor, and delivery trips not subject to the requirements of the program.

2. Review of employee survey raw data to validate compliance with trip reduction targets.

3. Other measures as deemed appropriate by the city TDM program administrator.

(Ord. No. 03-2021, § 1, 6-1-2021)