Part 9 — TRANSPORTATION DEMAND MANAGEMENT

A.

Applicability. The City shall not issue a Development Permit, Ministerial Permit, Building Permit, or a Certificate of Occupancy that is not in compliance with the requirements of this Part.

B.

Exemptions. The following Projects are exempt from the requirements of this Part 9 of Chapter 20.90:

Any work on an existing building or structure which does not result in an increase in floor area, except for a project that involves a change of use where the proposed use is defined as a different TDM use category pursuant to Table 20-190 and where the modified square footage qualifies as a Level 1 or Level 2 project pursuant to Table 20-260.

Projects in which the new floor area constructed consists of:

a.

Fewer than 16 single-family detached housing units; or

b.

Fewer than 26 units of all other home end uses except for single-family detached housing units; or

c.

10,000 square feet or less of any combination of commute end uses; or

d.

100,000 square feet or less of any combination of visit end uses; or

e.

30,000 square feet or less of any combination of other uses; or

f.

Fewer than 99 guest rooms, or suites of rooms, in a hotel; or

g.

Fewer than 9,000 seats or 250,000 square feet, whichever is greater, in any arena, stadium, or theater; or

h.

fewer than 250 students in any charter or private school.

Projects that require a development permit pursuant to Chapter 20.100 or a Ministerial Approval pursuant to Chapter 20.195 for which an application has been deemed complete by the City pursuant to Government Code Section 65943 or Government Code 65941.1(a) (unless exceptions are triggered per Government Code § 65589.5(o)) prior to the effective date of Part 9 of Chapter 20.90, except for where the project is modified subsequent to the determination of completeness where such modifications would change the use categorization per Table 20-260, or if the project applicant elects to use the standards of this Chapter.

Projects where a Planned Development Zoning has been effectuated prior to the approval date of this ordinance.

Projects that provide 100% restricted affordable units, excluding unrestricted manager units that are;

a.

Deed restricted by a public entity for a period not less than 55 years for rental units and 45 years for for- sale units to low-income residents (earning 80 percent or less of the Area Median Income) and;

b.

Are developed at a minimum density of 35 DU/AC and;

c.

Are located in a High Quality Transit Area

(Ord. 30857.)

Except for projects exempted in 20.90.900.B, all projects shall submit a "Transportation Demand Management Plan," or "TDM Plan" (defined in section 20.90.050.S) at time of initial application for a development permit or ministerial permit. The development permit or ministerial permit shall not be deemed complete until the TDM Plan is submitted. No development permit or ministerial permit shall be issued that does not meet the requirements of this part.

The point value of the TDM Strategies selected for the TDM Plan shall add up to or exceed the Project's required Point Target. Table 20-255 shows the Point Target range by Project Level and TDM use category. The TDM Program Guidelines describe the Point Target calculation and a menu of qualified TDM Strategies

with corresponding point values. The points target calculation shall be determined as part of the development permit approval along with a TDM plan.

(Ord. 30857.)

A.

Project Requirements. Throughout the lifetime of the Project, the Project will maintain TDM Strategies, selected from the TDM Program Guidelines, sufficient to achieve the required Point Target per Table 20- 255. The lifetime of the Project shall mean until such time as the Project is demolished, or such time as the Project is added to or replaced with a new Project that is subject to the requirements of this Part. The Project shall:

Applicants shall execute and record a Covenant and Agreement that runs with the land, that an approved TDM Plan and the TDM Strategies contained therein will be maintained throughout the lifetime of the project. A TDM Plan may be modified at the discretion of the TDM Coordinator pursuant to Section 20.90.910.C. No Building Permit shall be issued to a Project without an approved TDM Plan and recorded Covenant and Agreement.

a.

Implement the TDM Strategies in the Project's approved TDM Plan throughout the lifetime of the Project.

b.

The owner of a property, or their designee, that contains a project subject to a TDM Plan pursuant to this Section shall submit annually to the TDM Coordinator a TDM Plan Compliance Documentation that includes:

i.

Documentation showing maintenance of the TDM Strategies in the Project's approved TDM Plan.

ii.

Upon five consecutive years of a Project submitting timely TDM Plan Compliance Documentation demonstrating compliance with the TDM Program, the annual TDM Plan Compliance Documentation requirement may be reduced in frequency or waived at the discretion of the TDM Coordinator.

c.

In addition to the above, for Level 2 Projects, as pursuant to Table 20-250, the property owner shall submit annually to the TDM Coordinator a TDM Monitoring Report that includes:

i.

A travel survey as described in the TDM Program Standards.

ii.

Parking data as described in the TDM Program Standards.

iii.

Upon five consecutive years of a Project submitting timely TDM Monitoring Reports demonstrating compliance with the TDM Program, the annual TDM Monitoring Report requirement may be reduced in frequency or waived at the discretion of the TDM Coordinator.

d.

Level 2 projects shall install available technology to collect ongoing on-site trip count and parking data and submit to the TDM Coordinator no less than once a year. The technology shall be approved by the TDM Coordinator to ensure compatibility with City monitoring methods.

B.

Requirement to Reduce Trips for Level 2 Projects. All Level 2 projects are subject to trip reductions pursuant to the requirements of the TDM Program Standards. If the project is not meeting these trip reduction requirements, the TDM coordinator shall require modifications to the TDM plan or the project will be subject to enforcement pursuant to 20.90.920.

C.

Project Levels and TDM targets. Requirements are scaled to the size and scope of a Project and have corresponding requirements as defined in Subsection 20.90.910.A. There are two Project Levels as defined in Table 20-250. The Level applied to a Project consisting of an addition or change of use is based on the new floor area or the number of residential units contained in the newly constructed floor area or total floor area subjected to the change of use.

TABLE 20-250: PROJECT LEVEL THRESHOLDS

Use Category Level 1 Level 2 If a project meets ANY of the criteria If a project meets ANY of the criteria below, it is classified in Level 1 below, it is classified in Level 2.

Home End Uses 16 - 299 dwelling units 300+ dwelling units

Commute End 10,000 - 149,999 sf of gross floor area 150,000+ sf of gross floor area Uses

Visit End Uses 100,000 - 249,999 sf of gross floor area 250,000+ sf of gross floor area

Other Uses 30,000 sf or more of gross floor area 300,000 + sf of gross floor area

Special Uses hotel/motel with 150 - 249 guest hotel/motel with 250+
rooms, or suites of rooms guest rooms, or suites of
rooms

school, college, or university N/A (which requires building permits from City of San José) with 250 or more students

TABLE 20-255: PROJECT REQUIREMENTS

Project Level Point Target for Point Target for TDM Plan and TDM HEU/VEU/CEU Other Uses Annual TDM Plan Monitoring Uses Compliance Report Documentation

Level 1 Projects 25 Points 5 Points Required Not Required

Level 2 Projects 25 Points 5 Points Required Required

(Ord. 30857.)

A.

TDM Plan Modifications. Any modifications to an approved TDM Plan require submission of a revised TDM Plan for approval. A TDM Plan shall comply with the Transportation Demand Management Program Standards version in effect at the time of submission of the modification, unless otherwise specified by state law, and include TDM Strategies that achieve the property's Point Target.

Administrative Permit. An administrative permit, subject to Chapter 20.100, part 10 may be issued to modify an approved TDM plan when the modifications to the TDM plan are only to programmatic TDM strategies that were not specifically conditioned in the development permit.

a.

The administrative permit shall be issued only if the changes to the TDM strategies in the TDM plan will meet or exceed the point target for the existing use at time of submittal of the administrative permit.

Development Permit or Permit Amendment. If the modification to the approved TDM Plan is to a TDM strategy that was a condition of approval of the original a project, a new development permit or permit amendment must be submitted to modify the TDM Plan.

In all cases, the Covenant and Agreement running with the property shall be updated to reflect the modified TDM plan.

(Ord. 30857.)

A.

Content of the TDM Standards chapter in the San José Transportation Analysis Handbook. Upon enactment of this Ordinance, the San José Department of Transportation shall establish, maintain and update the TDM Standards, and other necessary components of the TDM Program outlined in this Section. The TDM Program Standards shall be consistent with the purposes of this Part and each other. The TDM Program Standards shall include the following:

TDM Program overview

TDM point targets by Project Level and parking supply (see Table 20-257);

TDM Strategies and their associated point values;

TDM compliance and monitoring reporting requirements; and

The technical justification for assigned point values for each TDM strategy.

B.

Updates to TDM Program Standards. The TDM Program Standards shall be reviewed and updated periodically, as deemed appropriate by the San José Department of Transportation, to:

Provide feasible options to applicants to meet program goals and outcomes; and

Reflect best practices, emerging technologies, and/or respond to lessons learned from monitoring and evaluation.

Any changes to the TDM Program Standards that are inconsistent with the provisions of this Chapter shall require an amendment to this Chapter in order for said changes to be effective.

C.

Effect of Updates on Project Requirements. Projects shall meet all requirements of the TDM Program Standards version in effect at the time when submitting their first TDM Plan at the time the development permit or ministerial permit is deemed complete, including but not limited to the designated Point Target and available TDM Strategies. If the Department of Transportation updates the TDM Program Standards subsequent to the date the applicant submitted a TDM Plan, the applicant may elect to have their Project be subject to all requirements of the current version of the TDM Program Standards by submitting a revised TDM Plan for approval.

D.

Parking Supply TDM Point Value. The below table outlines the amount of TDM points a project receives based on its location and parking supply.

TDM TABLE 20-257 - PARKING SUPPLY TDM POINT VALUE Points Downtown High-Quality Transit Areas Other Areas

Home-End Commute- Home-End Commute- Home-End Commute-
(space per End/ (space per End/ (space per End/Visit-
dwelling unit) Visit-End (per dwelling Visit-End dwelling End (space
1,000 square unit) (space per unit) per 1,000
feet) 1,000 square square feet)
feet)

20 0 - 0.75 0 - 1.00 0 - 1.24 0 - 1.50 0 - 1.40 0 - 2.00

18 0.76 - 0.84 1.01 - 1.20 1.25 - 1.37 1.51 - 1.80 1.41 - 1.57 2.01 - 2.30

16 0.85 - 0.93 1.21 - 1.40 1.38 - 1.50 1.81 - 2.10 1.58 - 1.74 2.31 - 2.60

14 0.94 - 1.02 1.41 - 1.60 1.51 - 1.63 2.11 - 2.40 1.75 - 1.91 2.61 - 2.90

12 1.03 - 1.11 1.61 - 1.80 1.64 - 1.76 2.41 - 2.70 1.92 - 2.08 2.91 - 3.20

10 1.12 - 1.20 1.81 - 2.00 1.77 - 1.89 2.71 - 3.00 2.09 - 2.25 3.21 - 3.50

8 1.21 - 1.29 2.01 - 2.20 1.90 - 2.02 3.01 - 3.30 2.26 - 2.42 3.51 - 3.80

6 1.30 - 1.38 2.21 - 2.40 2.03 - 2.15 3.31 - 3.60 2.43 - 2.57 3.81 - 4.10

4 1.39 - 1.47 2.41 - 2.60 2.16 - 2.28 3.61 - 3.90 2.58 - 2.74 4.11 - 4.40

2 1.48 - 1.56 2.61 - 2.80 2.29 - 2.41 3.91 - 4.20 2.75 - 2.91 4.41 - 4.70

1 1.57 - 1.65 2.81 - 3.00 2.42 - 2.54 4.21 - 4.50 2.92 - 3.08 4.71 - 5.00

0 1.66+ 3.01+ 2.55+ 4.51+ 3.09+ 5.01+

Note 1: Note: Table 20-257 does not apply to projects with a TDM Use Category of "OTH."

(Ord. 30857.)

A.

The TDM Coordinator shall be responsible for enforcing continual compliance with the requirements of the TDM Program, as outlined below.

A property owner shall allow City staff access to relevant portions of the property to conduct site visits, inspect physical improvements, collect empirical data, and/or facilitate phone, and/or digital surveys with residents, tenants, employees, and visitors. City staff shall provide advance notice of request for access.

No building, grading, demolition, foundation, use of land or change of use permit, nor Certificate of Occupancy, shall be issued for any building or site that contains a Project that is not in compliance with the requirements of the TDM Program.

Failure to maintain one or more TDM Strategies is a violation of this Code.

For Level 2 projects, failure to submit the TDM Monitoring Report by December 31st following the designated appropriate deadline of one year from the issuance of the Certificate of Occupancy is a violation of this Code.

B.

Any violation of this Part shall be punishable by an administrative citation in accordance with the procedures set forth in Chapter 1.15 of Title 1 of this Code relating to the issuance of administrative citations, imposing of administrative fines, right to appeal, and the right to an administrative hearing.

C.

The amounts of the fines for violations imposed pursuant to this Part shall be set forth in the schedule of fines established by resolution of the City Council.

D.

A violation of this Part is also enforceable through all other civil and administrative remedies available to the City.

(Ord. 30857.)

A.

Alternative Compliance. An applicant may apply for a User-Defined TDM Strategy as an alternative to those contained in the menu of TDM Strategies in the TDM Program Standards. This process shall be incorporated into the initial development permit or ministerial permit. The decision-making authority shall be the official or body designated to approve that development entitlement or ministerial permit. In the case where the applicant elects to replace an approved TDM plan with a user defined TDM strategy and no other development or ministerial permit would be required, the Director of Planning or the Director's designee, in consultation with the TDM Coordinator, shall have initial decision-making authority to approve a User- Defined TDM Strategy, with an appeal to the City of San José Planning Commission in accordance with the procedures set forth in Section 20.100.220. of this Code. An applicant may request such approval by submitting an application for a "Special Use Permit" as set forth in Section 20.100.800 of this Code.

B.

Findings. The Director's determination shall include written findings in support of the decision. In order to grant approval of the User-Defined TDM Strategy, the Director must find that:

The proposed alternative is consistent with the purpose and intent of the applicable standards in that the User-Defined TDM Strategy is expected to reduce drive-alone trips and/or VMT to or from the project site; and

The proposed alternative is equivalent to or exceeds the effectiveness of meeting the intent of the applicable standards in that the amount of drive-alone trips and/or VMT reduced as a result of the strategy is commensurate with other strategies that are assigned to have the same value of points in the TDM Program Guidelines.

C.

Conditions. The Director shall impose conditions binding on the applicant to secure substantial compliance with the goals and purposes of this ordinance, including such conditions as necessary to ensure that:

The applicant commits in an enforceable agreement that runs with the land to monitor the effectiveness of the User-Defined TDM Strategy to encourage alternatives to drive-alone trips;

The applicant shall submit to the TDM coordinator all monitoring data, with monitoring metrics and frequency to be determined at the discretion of the TDM coordinator; and

The applicant commits to a substitute strategy of commensurate effectiveness (a strategy assigned equal or more points) if the User-Defined TDM Strategy is terminated for any reason.

(Ord. 30857.)