Chapter 19.45 — TRANSPORTATION DEMAND MANAGEMENT

The purpose of this chapter is to further the transportation goals of the Sunnyvale General Plan and the Sunnyvale Climate Action Plan by promoting the adoption of Transportation Demand Management (TDM) Programs in industrial, office, and multi-family residential developments; promoting and increasing work-related transit use, ridesharing, walk-ing and bicycling to minimize the number of employees traveling in single-occupant vehicles to and from work at the same time and during peak-hour periods; and improving the mobility and general efficiency of circulation and transportation systems by reducing single-occupant vehicle trips and total vehicle miles traveled within the community and the region. (Ord. 3094-16 § 2)

TDM Programs shall be required in all new developments and redevelopment meeting the criteria set forth in this chapter. Developments in an area subject to a specific plan shall comply with any additional or different TDM requirements imposed by that specific plan. (Ord. 3094-16 § 2)

• (a) Applicability. A TDM program shall be required for the following developments:

  • (1) High-Intensity Industrial Development in the M-S or M-3 Zoning District. Highintensity industrial development means any project that creates new floor area exceeding floor area ratio (FAR) thresholds defined in Table 19.32.020 (Building Height, Lot Coverage and Floor Area Ratio) or exceeding seventy percent FAR in industrial intensification sites defined in Section 19.32.070 (Floor area ratio (FAR)); and

  • (2) Industrial and office developments utilizing green building incentives, as described in Chapter 19.39 (Green Building Regulations) and the Green Building Tables adopted by resolution.

• (b) Goals for Peak-Hour Trip Reduction. TDM programs must meet the following goals in peak-hour trip reduction for the entire project site:

  • (1) Industrial-Intensification Sites. High-intensity industrial and office development that exceeds seventy percent FAR in an industrial intensification area must demonstrate that peak-hour vehicle-trip rates for the project do not exceed the projected peak-hour trip generation of a seventy percent FAR project.

  • (2) Green Building Incentives. Industrial and office development that use the voluntary incentives in the Green Building Tables must demonstrate that peak-hour vehicle-trip rates are not greater than the number that would be generated by development of the site at the floor area ratio thresholds defined in Table 19.32.020 (Building Height, Lot Coverage and Floor Area Ratio).

• (c) Standard M-S and M-3 FAR Zoned Sites. The approving body may require a TDM

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City of Sunnyvale, CA § 19.45.030

ZONING

§ 19.45.040

program for projects requir-ing a use permit for floor area ratio exceeding those thresholds defined in Table 19.32.020 (Building Height, Lot Coverage and Floor Area Ratio).

• (d) TDM programs required by this section shall be administered and enforced by the director of public works pursuant to Chapter 10.60 of this code.

• (Ord. 3094-16 § 2)

• (a) Applicability. A TDM Program is required of all new developments and redevelopments of ten or more residential units, including residential components of mixed-use developments.

• (b) Standards. The city council shall adopt standards for the multi-family residential Transportation Demand Management (TDM) Program which shall contain specific requirements necessary for compliance. These standards shall be updated from time to time to reflect best practices in the field of transportation demand management.

• (c) Administrative Procedures.

  • (1) The director of community development shall adopt administrative procedures containing any rules and guidelines necessary or appropriate to achieve compliance with the requirements of this section.

  • (2) The procedures for compliance documentation shall include, but not be limited to, the following:

    • (i) Upon submittal of an application for any discretionary planning entitlement (if required) for any covered project, application materials shall include a TDM plan that documents how the development will comply with the requirements of the multi-family TDM Program.

    • (ii) Upon submittal of an application for a building permit, building plans shall show any physical improvement measures required by the approved TDM plan for the project.

    • (iii) Prior to final building inspection and occupancy, evidence shall be provided to the director of community development to confirm that all required physical improvements and programmatic measures in the approved TDM plan for the project have been installed or implemented.

• (d) Noncompliance. The director of community development shall enforce the provisions of this section. In addition to any other remedies authorized by law, if the director determines that the project during construction does not or is unlikely to comply with the approved TDM plan, a stop work order may be issued. The stop work order shall remain in effect and final certificate of occupancy withheld until the director determines that the project will be brought into compliance with the approved TDM plan.

• (e) Hardship or Infeasibility Exemption. If a project applicant believes that circumstances exist presenting an unreasonable hardship to meet the requirements of this section, the applicant may apply for an exemption in their development application. In applying for an exemption, the burden is on the applicant to show significant hardship. The exemption request shall be decided by the approval authority for the development permit. Hardship

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City of Sunnyvale, CA

SUNNYVALE CODE

§ 19.45.040

§ 19.45.040

• exemptions shall only be granted in unusual circumstances based upon a showing of good cause and a determination that the public interest is not served by compliance or other compelling circumstances. An unreasonable hardship shall be defined as practical infeasibility, difficulties, or results inconsistent with the general purposes of this chapter.

• (f) Modifications of TDM Plan. Any modification of an approved TDM plan requires a miscellaneous plan permit under Chapter 19.82 of this code. A request to modify a TDM plan may only be granted if it is designed to be at least as effective as the original TDM plan in meeting the objectives and purposes of this chapter.

• (g) Appeal. Any person aggrieved by a final decision of the director of community development may appeal the decision to the planning commission pursuant to Section 19.98.070.

• (Ord. 3094-16 § 2)

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City of Sunnyvale, CA