Chapter 10.46
CITYWIDE TRIP REDUCTION PROGRAM

Sections:

10.46.010    Purpose.

10.46.020    Applicability.

10.46.030    Definitions.

10.46.040    Notice to comply.

10.46.050    Compliance measures for large employers.

10.46.060    Compliance measures for medium employers.

10.46.070    Compliance measures for small employers.

10.46.080    Compliance measures for nonresidential developers and owners of multitenant sites occupied by more than fifty employees.

10.46.090    Compliance measures for residential developments of twenty-five or more housing units in a single application.

10.46.100    Compliance measures for site owners or administrators of commercial/recreational/ school sites that attract more than fifty vehicle trips, other than employee commute trips, between 6:00 a.m. and 10:00 a.m. or 3:00 p.m. and 7:00 p.m.

10.46.110    Trip reduction ordinance certificate.

10.46.120    Phased implementation.

10.46.130    Compliance reporting and monitoring.

10.46.140    Administrative appeals.

10.46.150    Violations.

10.46.160    Additional enforcement measures.

10.46.170    Appendices.

10.46.010 PURPOSE.

The purposes of this chapter are as follows:

(a)    To establish programs and requirements for new and existing employers, nonresidential developers, owners of multitenant complexes, and commercial/recreational/ school sites in the city, that will help to reduce traffic congestion and to improve air quality;

(b)    To obtain the best possible use from existing and future local and regional transportation facilities through a cooperative effort among all sites producing vehicle trips;

(c)    To comply with state law which requires each local jurisdiction to adopt a trip reduction ordinance in accordance with the Santa Cruz County Congestion Management Program;

(d)    To serve as the locally adopted ordinance which the Monterey Bay Area Unified Air Pollution Control District will rely upon for its employer trip reduction program;

(e)    To assist employers in identifying and utilizing cost-effective programs and methods to reduce vehicle trips made by employees;

(f)    To ensure the city plays a significant role in promoting alternative transportation use to the single-occupant vehicle;

(Ord. 93-53 § 1 (part), 1994).

10.46.020 APPLICABILITY.

(a)    This chapter shall apply to all of the following:

(1)    Employers, developers, multitenant work site owners and commercial/recreational/ school site owners as defined in Section 10.46.030.

(2)    The city of Santa Cruz shall be subject to the requirements of all applicable provisions under this chapter.

(3)    Public organizations, including federal (civilian and military), state and county facilities, are encouraged to comply with the requirements of this chapter.

(b)    Any employer that qualifies under more than one category of compliance measures (Sections 10.46.050 through 10.46.070) shall be required to adhere to the more stringent responsibilities of the sections.

(c)    Employers that are property owners shall also be bound by the terms of responsibility appropriate for their properties.

(d)    Any employer subject to Section 10.46.050, 10.46.060 or10.46.070 and who controls more than one work site within the city may submit one trip-reduction report for all subject work sites. This trip reduction report and/or plan shall report and document AVR for each site within the city and comply with the provisions of this chapter that apply to each work site.

(e)    The above-noted requirements shall not serve to lessen any previously enacted city requirements that would otherwise apply.

(Ord. 93-53 § 1 (part), 1994).

10.46.030 DEFINITIONS.

For the purpose of this chapter, the following words and phrases are defined and explained:

(a)    “Alternative work schedule” shall mean a work arrangement which causes a full-time employee to commute to the work site less than ten times during a fourteen day period.

(b)    “Average vehicle ridership (AVR)” shall mean the total number of employees, (including those telecommuting) reporting or assigned to a work site between (6:00 a.m. to 10:00 a.m.) Monday through Friday, divided by the number of vehicles they drive from home to the work site. The methodology for calculating AVR is contained in Section 10.46.170.

(c)    “Bicycle parking facilities” shall be defined as:

(1)    Class I Facility: A bicycle locker intended for long-term parking. A facility that protects against theft of the entire bicycle, its components and accessories, and subject to approval by the city.

(2)    Class II Facility: A bicycle rack intended for short-term parking. A stationary object to which the user can lock the frame and both wheels with only a lock furnished by the user, and subject to approval by the city.

(d)    “Carpool” shall mean a motor vehicle occupied by at least two but no more than six employees traveling together.

(e)    “Commute alternatives” shall mean carpooling, vanpooling, buspooling, transit, bicycling, telecommuting and/or walking as a commute mode.

(f)    “Commute trip” shall mean a home-to-work trip made on a regular basis.

(g)    “Compliance assistance packet (CAP)” shall mean a package sent to responsible entities at all regulated sites on an annual or biennial basis with a description of compliance measures and the appropriate forms to be used by the entity in complying with this chapter.

(h)    “Congestion management program (CMP)” is the countywide program developed by the SCCRTC in accordance with California Government Code Section 65099 et seq., requiring local jurisdictions and the congestion management agency to adopt and implement a trip reduction and travel demand element.

(i)    “Employee” shall mean any person employed or contracted by a firm, person(s), business, educational institution, nonprofit agency or corporation, government department or agency or other entity who is assigned to the designated work site. Employee refers to any full-time or part-time person working ten or more days per thirty day period, permanent or temporary, excluding volunteers.

(j)    “Employer” shall mean any person(s), firm, business, contractor, educational institution, corporation, nonprofit agency, government department or agency, including the city of Santa Cruz, which has a work site in the city. Several subsidiaries or units that occupy the same work site and report to one common governing board or governing entity, are considered to be one employer. Employer categories are:

(1)    Large employer: 250 or more employees at a work site;

(2)    Medium employer: 50 to 249 employees at a work site;

(3)    Small employer: 10 to 49 employees at a work site.

(k)    “Monterey Bay Unified Air Pollution Control District (MBUAPCD)” is the regional governmental body responsible for enforcement of regulations for control of air pollution within the counties of Monterey, Santa Cruz and San Benito.

(l)    “Multitenant work site” shall mean any local nonresidential or mixed-use property in existence before the effective date of this chapter, which has more than one employer operating on the property and which is occupied in total by fifty or more employees.

(m)    “Nonresidential developer” shall mean an individual, group, or designee responsible for a new local nonresidential or mixed-use (combination of nonresidential and residential uses) development which will be occupied by fifty or more employees, or a nonresidential development in existence as of the date of this chapter that increases the facility’s gross floor area by twenty-five thousand square feet or more, or which will be occupied in total by fifty or more employees.

(n)    “Commercial/recreational/school site” shall mean any facility that provides services or goods and that generates fifty or more vehicle trips other than employee commute trips (based on city-approved trip generation factors) during the periods of 6:00 a.m. to 10:00 a.m. or 3:00 p.m. to 7:00 p.m., including tourist facilities, retail establishments, sports facilities, theaters, secondary schools, trade schools, colleges and universities.

(o)    “Parking management” shall mean the comprehensive management of the location, cost and availability of parking to effect changes in travel behavior, trips generated and mode used.

(p)    “Peak period” shall mean the hours from 6:00 a.m. to 10:00 a.m., Monday through Friday, excluding legal holidays.

(q)    “Peak-period trip” shall mean any employee commute trip to a work site where the employee’s work day begins.

(r)    “Remodeled nonresidential development” shall mean expansion of an existing nonresidential site which increases the site by fifty or more employees.

(s)    “Residential developer” shall mean an individual, group or designee responsible for the development of a single-family or multifamily residential development in which twenty-five or more housing units will be constructed as a part of a single application.

(t)    “Santa Cruz County Regional Transportation Commission (SCCRTC)” shall mean the designated local transportation commission (LTC) and the regional transportation planning agency (RTPA) for Santa Cruz County. The SCCRTC is the designated congestion management agency (CMA) responsible for implementing the countywide CMP.

(u)    “Single-occupancy vehicle (SOV)” shall mean a gasoline or diesel fueled motor vehicle occupied by one employee for commute purposes.

(v)    “Telecommuting” shall mean a person working an eight-hour day either at home or at an off-site work center with computer facilities that link to the work site.

(w)    “Transportation coordinator” shall mean the person designated by the employer who is responsible for administration of employer requirements under this chapter. The transportation coordinator shall have received appropriate training, as approved by the SCCRTC.

(x)    “Transportation management association (TMA)” shall mean a group of employers, developers, property owners or others joining together in a formal association with the intent to reduce trips.

(y)    “Travel demand management (TDM)” shall mean the provision of information, assistance, incentives or other measures designed to increase average vehicle ridership (AVR) and reduce the demands placed upon the transportation system. In accordance with this chapter, a nonexclusive list of approved TDM techniques shall be adopted by resolution of the city council to serve as a guide for increasing AVR community-wide.

(z)    “Travel survey” shall mean a survey included in the compliance assistance packet to use to collect required data on employee commute patterns and to calculate the average vehicle ridership (AVR).

The travel survey shall also be designed to serve as a database for the design, implementation and monitoring of trip reduction programs. Information to be obtained by the travel survey shall include, but not be limited to, the following: (1) the number of employees commuting to the workplace by each commute mode (drive alone, carpool, vanpool, public transit, walk and bicycle); (2) the number of employees participating in alternative work schedule programs; (3) the times at which employees begin and end their workdays; and (4) the number of employees residing in each zip code area. A minimum of seventy-five percent of the survey forms (i.e., total employees working from 6:00 a.m. to 10:00 a.m.) must be returned to be considered adequate. All nonrespondents to the survey (i.e., not returned) shall be considered as drivers of single-occupancy vehicles.

(aa)    “Trip reduction checklist” shall describe TDM measures that small employers, nonresidential developers, residential developers, commercial/recreational/school site owners, and multitenant work site owners are required to provide to encourage employee use of commute alternatives.

(bb)    “Trip reduction ordinance certificate (TRO certificate)” shall mean the certificate issued to each regulated site as certification that the terms of this chapter have been met fully.

(cc)    “Trip reduction program manager (TR program manager)” shall mean the individual designated by the city as the person responsible for receiving and approving trip reduction checklists, plans and/or reports, for issuing TRO certificates, and for promoting and monitoring compliance with trip reduction goals.

(dd)    “Trip reduction plan” shall mean a program of TDM measures developed by a large employer or medium employer to achieve an AVR of 1.35, in cases where the target has not been met.

(ee)    “Trip reduction report” shall mean a report filed by a large employer and medium employer on forms supplied in the compliance assistance packet, with results of the travel survey and calculation of AVR. Updates of trip reduction reports will document results of TDM measures taken during the previous reporting period.

(ff)    “Vanpool” shall mean a motor vehicle occupied by seven to fifteen employees who commute to work together.

(gg)    “Vehicle trip” shall mean a trip utilizing a motorized vehicle, excluding transit vehicles, trains, and buses serving multiple workplaces.

(hh)    “Vehicle trip reduction (VTR)” shall mean the number of vehicle trips to the work site reduced during the peak period.

(ii)    “Work site” shall mean any place of employment, base of operation, or predominant work location of an employee. All buildings or grouping of buildings owned, operated or occupied within the city shall be deemed a single work site. For the purposes of this chapter, the actual boundary area of a worksite will be identified in submittals pursuant to this chapter and approved by the city or its designee.

(Ord. 93-53 § 1 (part), 1994).

10.46.040 NOTICE TO COMPLY.

(a)    The city shall publish a TRO notice to comply in city newspapers in accordance with the schedule outlined in Section 10.46.120. The notice to comply will state that employers, nonresidential owners/developers, residential developers, commercial/recreational/ school sites, and multitenant work sites that meet the criteria established by this chapter shall notify the city within sixty days of their intent to comply with the provisions under this chapter. Failure to respond to the notice to comply does not relieve any regulated entity of their compliance responsibilities under this chapter. A CAP will be sent to the complying responsible entity upon the city receiving notification.

(b)    Large employers and medium employers shall receive written or telephonic notification by the city to provide updated trip reduction reports on an annual basis, until they have reached an AVR of 1.35, after which they shall receive notification on a biennial basis. Small employers, nonresidential owners/developers, residential developers, commercial/recreational/school sites and multitenant work sites shall receive written or telephonic notification by the city to update their trip reduction checklist on a biennial basis.

(Ord. 93-53 § 1 (part), 1994).

10.46.050 COMPLIANCE MEASURES FOR LARGE EMPLOYERS.

The following regulations apply to large employers:

(a)    Large employers shall be responsible for attaining an AVR of 1.35 among all employees reporting to work during the peak period within thirty months of receipt of the CAP. To facilitate this level of AVR attainment, large employers shall do all of the following:

(1)    Conduct an employee travel survey within ninety calendar days of receipt of CAP in order to calculate AVR. Completed survey forms shall be maintained on file for a period of two years, and upon written request by the city shall be made available for auditing purposes;

(2)    Assign a transportation coordinator for each work site to implement trip reduction programs. Large employers are encouraged to join a TMA to reduce trips and promote alternative transportation measures;

(3)    Submit a trip reduction checklist as part of their trip reduction report, indicating that the following actions will be taken:

(A)    Coordinate ride-matching services with the SCCRTC rideshare agency;

(B)    Provide to employees and new hires on a continual basis materials and information on transit and other commute alternatives;

(C)    Provide preferential parking for those using commute alternatives;

(4)    Submit to the city TR program manager within ninety calendar days after receipt of the CAP a trip reduction report documenting compliance with this chapter. The report shall, at a minimum, contain results of the travel survey and calculation of AVR, and shall document the results of any specific TDM measures undertaken during the reporting period in sufficient detail to allow the city to evaluate and approve the effectiveness of such efforts; and

(5)    Submit the first update of the trip reduction report twelve months after the date the initial trip reduction report is received by the city TR program manager. The second update report shall be submitted twelve months after the first update of the trip reduction report. Thereafter, the employer shall submit an update report annually, unless the target AVR has been attained, in which case employers shall submit update of trip reduction reports on a biennial basis.

(b)    Large employers found not in compliance in meeting the 1.35 AVR shall be required, at a minimum, to submit a trip reduction plan of TDM measures designed to achieve an AVR of 1.35 or greater for approval by the city within forty-five calendar days of notification by the city. The trip reduction plan shall include, among other TDM measures, implementation of one of the following measures:

(1)    Charging employees who drive to work by themselves a minimum of twenty-one dollars per month up to the nontaxable employee fringe benefit limit (currently sixty dollars per month) per employee to park at company parking lots;

(2)    Providing an incentive for transit riders, vanpoolers, carpoolers, bicyclists, and walkers, equal to a minimum of twenty-one dollars per month up to the nontaxable employee fringe benefit limit, or the equivalent in daily commute allowances;

(3)    Providing employees who carpool or vanpool a commute allowance. The commute allowance shall be good for use against any parking charges, and shall be a minimum of twenty-one dollars per month up to the nontaxable employee fringe benefit limit, or the equivalent daily allowances and parking charges;

(4)    Implementing an alternative work schedule program to reduce trips to the work site during the peak period, including compressed workweeks and telecommuting options, with sixty-five percent or more employees participating in an alternative work schedule as defined under Section 10.46.030. The employer shall still be responsible for meeting the target AVR.

(c)    Large employers may obtain an exemption from this section for one year provided the employer is able to demonstrate one of the following:

(1)    That the employer’s average monthly employment per work site during the previous calendar year was less than fifty employees; or

(2)    That the employer has less than fifty employees arriving at or leaving per work site during the peak period; or

(3)    That the employer has met or exceeded its AVR goal under the time frame prescribed in Section 10.46.120.

(Ord. 93-53 § 1 (part), 1994).

10.46.060 COMPLIANCE MEASURES FOR MEDIUM EMPLOYERS.

The following regulations apply to medium employers:

(a)    Medium employers shall be responsible for attaining an AVR of 1.35 among all employees reporting to work during the peak period within thirty months of receipt of the CAP. To implement this program, medium employers shall do all of the following:

(1)    Conduct an employee travel survey within ninety calendar days of receipt of CAP in order to calculate AVR. Completed survey forms shall be maintained on file for a period of two years, and upon written request by the city shall be made available for auditing purposes;

(2)    Assign a transportation coordinator for each work site to implement trip reduction programs. Medium employers are encouraged to join a TMA to reduce trips and promote alternative transportation measures;

(3)    Submit a trip reduction checklist as part of their trip reduction report, indicating that the following actions will be taken:

(A)    Coordinate ride-matching services with the SCCRTC rideshare agency;

(B)    Provide to employees and new hires on a continual basis materials and information on transit and other commute alternatives; and

(C)    Provide preferential parking for those using commute alternatives;

(4)    Submit to the trip reduction program manager within ninety calendar days after receipt of the CAP a trip reduction report documenting compliance with this chapter. The report shall, at a minimum, contain results of the travel survey and calculation of AVR, and shall document the results of any specific TDM measures undertaken during the reporting period in sufficient detail to allow the city to evaluate and approve the effectiveness of such efforts; and

(5)    Submit the first update of the trip reduction report twelve months after the date the initial trip reduction report is received by the trip reduction program manager. The second update report shall be submitted twelve months after the first update of the trip reduction report. Thereafter, the employer shall submit an update report annually, unless the target AVR has been attained, in which case employers shall submit update of trip reduction report on a biennial basis.

(b)    Medium employers found not in compliance in meeting the 1.35 AVR shall be required, at a minimum, to submit a trip reduction plan of TDM measures designed to achieve an AVR of 1.35 or greater for approval by the city within forty-five calendar days of notification by the city. The trip reduction plan shall include, among other TDM measures, implementation of one of the following measures:

(1)    Charging employees who drive to work by themselves a minimum of twenty-one dollars per month up to the nontaxable employee fringe benefit limit (currently sixty dollars per month) per employee to park at company parking lots; or

(2)    Providing an incentive for transit riders, vanpoolers, carpoolers, bicyclists, and walkers, equal to a minimum of twenty-one dollars per month up to the nontaxable employee fringe benefit limit, or the equivalent in daily commute allowances; or

(3)    Providing employees who carpool or vanpool a commute allowance. The commute allowance shall be good for use against any parking charges, shall be a minimum of twenty-one dollars per month up to the nontaxable employee fringe benefit limit, or the equivalent daily allowances and parking charges; or

(4)    Implementing an alternative work schedule program to reduce trips to the work site during the peak period, including compressed workweeks and telecommuting options, with sixty-five percent or more employees participating in an alternative work schedule as defined under Section 10.46.030. The employer shall still be responsible for meeting the target AVR.

(c)    Medium employers may obtain an exemption from this section for one year, provided the employer is able to demonstrate one of the following:

(1)    That the employer’s average monthly employment per work site during the previous calendar year was less than fifty employees; or

(2)    That the employer has less than fifty employees arriving at or leaving per work site during the peak period; or

(3)    That the employer has met or exceeded its AVR goal under the time frame prescribed in Section 10.46.120.

(Ord. 93-53 § 1 (part), 1994).

10.46.070 COMPLIANCE MEASURES FOR SMALL EMPLOYERS.

The following compliance measures shall apply to small employers:

(a)    At a minimum, small employers shall complete the trip reduction checklist provided by the city within ninety calendar days of receipt of the compliance assistance packet (CAP). The trip reduction checklist shall describe TDM measures that the employer will be required to provide to reduce employee use of single-occupancy vehicles for commuting. Specific activities to be required include:

(1)    Coordinating ride-matching services with the SCCRTC rideshare agency;

(2)    Providing materials and information on transit and other commute alternatives to employees and new hires on a continual basis;

(3)    Providing preferential parking to those using commute alternatives; and

(4)    Identification of the transportation coordinator for the trip reduction program.

(b)    Small employers shall submit to the TR program manager biennial update reports containing an updated trip reduction checklist to document compliance with this chapter.

(Ord. 93-53 § 1 (part), 1994).

10.46.080 COMPLIANCE MEASURES FOR NONRESIDENTIAL DEVELOPERS AND OWNERS OF MULTITENANT SITES OCCUPIED BY MORE THAN FIFTY EMPLOYEES.

Nonresidential developers and owners of multitenant sites occupied by more than fifty employees shall have the following responsibilities:

(a)    For purposes of determining whether a new or remodeled nonresidential development project will be occupied by more than fifty employees, the total employment figure will be determined by the project applicant by applying the employee projections developed by the applicant and approved by the planning director. For purposes of determining whether an existing multitenant site is occupied by fifty or more employees, the total employment figure will be determined by a verifiable count provided by the site owner, or by using the employee generation factors in Table 1.

Table 1

Employee Generation Factors By Type of Use

Land Use Category

Number of Employees

Commercial (Regional, Community or Neighborhood)

1/500 gross sq. ft.

Office/Professional

1/250 gross sq. ft.

Industrial

1/525 gross sq. ft.

Hotel/Motel (nonluxury)

1/5 rooms

Mixed Use.

sum of individual figures for each use

Restaurant

1 per 10 seats

Hospital/Other Medical

1 per 4 beds

(b)    All developers of applicable new or remodeled nonresidential or mixed-use developments and owners of multi-employment sites shall select design elements and facilities (as noted below in subsections (b)(1) to (b)(6)) which will support the attainment of an AVR of 1.35 at the development or multi-employment work sites. Nonresidential developers shall submit the trip reduction checklist during the initial development review process for approval prior to the approval of a development application. Owners of existing properties shall submit a trip reduction checklist within ninety calendar days of receipt of the compliance assistance packet. The city shall take into consideration the nature, size and impact of the existing or proposed site when reviewing the trip reduction checklist. After review of the trip reduction checklist, the city may require one or more of the following programs:

(1)    Preferential Parking for Carpool Vehicles. A percentage of parking spaces allotted for employee use shall be reserved and designated for carpool vehicles by clearly marking such spaces. A suggested fifteen percent of the total number of employee parking is to be designated for preferential parking. Carpool spaces shall be located near the building’s employee entrance or other preferred location within the employee parking areas as approved by the city. Where the number of parking spaces allotted for employee use is unknown, Table 2 shall be used as a guide to determine the total number of employee parking spaces at a site:

Table 2

Percent of Total Parking Designated for Employees

Land Use

Percent Designated Employee Parking

Commercial

30%

Office/Professional

85%

Business Park

90%

Warehouse/Manufacturing

90%

(2)    Bicycle Parking and Shower Facilities. Bicycle parking and locker/shower facilities shall be provided in a secure location for use by employees or tenants who commute to the site by bicycle or on foot.

(A)    A suggested guide for the number of facilities to be provided is a ratio of one clothing locker for every twenty employees and four showers for every two hundred employees with two showers for sites with fifty to one hundred ninety-nine employees.

(B)    Suggested guidelines for bicycle parking are one Class II facility for every ten employee spaces, and one Class I facility for every fifty employee spaces. Bicycle parking should be situated in the most convenient vehicle parking area, subject to the provisions of the Santa Cruz City Municipal Code Chapters 10.64 and 10.68.

(3)    Information on Transportation Alternatives. A centrally located commuter information area shall be provided that displays information on commute alternatives, preferential parking, bicycle parking, transit routes and maps, ridesharing promotional material provided by the SCCRTC rideshare agency, and other elements of the work site’s trip reduction measures.

(4)    Vanpool Accessibility. The design of all parking facilities shall incorporate provisions for access and parking of vanpool vehicles. Vanpool parking spaces shall be located near the building’s employee entrance or other preferential location approved by the city. A suggested guide for the provision of vanpool parking spaces is at least two spaces per one hundred employee parking spaces. Vanpool spaces shall be no less than nine feet, six inches wide. Garage clearance of no less than seven feet, six inches shall be required to permit access by vanpool vehicles.

(5)    Designation of a Transportation Coordinator. Assign an individual whose function is to promote transportation alternatives at the site. This individual shall have received training as approved by the SCCRTC.

(6)    Measures for New Nonresidential Development. These shall be selected from a list of approved transportation demand management (TDM) measurement techniques as may be adopted and amended from time to time by resolution of the city council.

(c)    Tenants shall be required by lease agreements to cooperate with the trip reduction measures necessitated by this chapter, including, but not limited to: (1) assisting the property owner in administering employee travel surveys and ride-matching efforts, if required; (2) distributing any transportation information provided by the property owner; and (3) permitting their employees to participate in intercompany rideshare arrangements.

(Ord. 93-53 § 1 (part), 1994).

10.46.090 COMPLIANCE MEASURES FOR RESIDENTIAL DEVELOPMENTS OF TWENTY-FIVE OR MORE HOUSING UNITS IN A SINGLE APPLICATION.

Applications for residential developments in which twenty-five or more housing units are proposed shall meet the following criteria:

(a)    All developers of applicable new residential developments shall submit a trip reduction checklist as part of the initial development review process prior to the issuance of a building permit.

(b)    The city shall review the trip reduction checklist prepared by the developer and, taking into consideration the nature and size of the project, determine the necessary programs. As part of the permit approval process, the city may require one or more of the following programs:

(1)    Provide ridesharing and public transportation information to tenants/buyers as part of move-in materials;

(2)    Print transit scheduling information on all promotional materials;

(3)    Install bicycle amenities, such as bicycle racks and bicycle lanes (where appropriate), paths or routes in locations accessible for residents and visitors;

(4)    Provide bus pull-outs, transit stops, shelters and amenities as part of the site plan;

(5)    Provide transportation information centers, with bus route/schedule information, as part of common areas;

(6)    Provide pedestrian facilities linking transit stops and common areas; or

(7)    Provide resources for site amenities that reduce vehicular trip-making commensurate with the size and impact of the new development.

(Ord. 93-53 § 1 (part), 1994).

10.46.100 COMPLIANCE MEASURES FOR SITE OWNERS OR ADMINISTRATORS OF COMMERCIAL/ RECREATIONAL/SCHOOL SITES THAT ATTRACT MORE THAN FIFTY VEHICLE TRIPS, OTHER THAN EMPLOYEE COMMUTE TRIPS, BETWEEN 6:00 A.M. AND 10:00 A.M. OR 3:00 P.M. AND 7:00 P.M.

(a)    All owners or administrators of applicable commercial/recreational site facilities shall submit a trip reduction checklist within ninety calendar days of receipt of a compliance assistance packet. The trip reduction checklist shall be updated on a biennial period to document compliance and designate the measures designed to decrease vehicle trips by visitors and patrons. Trip reduction measures shall include, but not be limited to, the following:

(1)    Installing bulletin boards, display units, or kiosks which provide information on all public transit routes serving the site, in areas of high visibility;

(2)    Providing secure bicycle parking in locations which permit ease of access to facilities. A suggested guide for visitor parking is to provide one Class II bicycle parking facility for every ten visitor parking spaces provided; and

(3)    Printing information regarding access by transit on appropriate promotional materials;

(4)    Designating a transportation coordinator whose function is to promote transportation alternatives at the site.

(b)    All owners or administrators of applicable school site facilities are required to submit a trip reduction checklist within ninety calendar days of receipt of a compliance assistance packet. The trip reduction checklist shall be updated on a biennial period to document compliance and designate the measures designed to decrease vehicle trips by students. Trip reduction measures shall consist of, but not be limited to, the following:

(1)    Installing bulletin boards, display units, or kiosks in areas of high visibility which provide information on all public transit routes serving the site;

(2)    Providing secure bicycle parking in locations which permit ease of access to facilities. A suggested guide for student parking is to provide one Class II bicycle parking facility for every ten student parking spaces provided;

(3)    Printing information regarding access by transit on appropriate promotional materials; and

(4)    Designating a transportation coordinator whose function is to promote transportation alternatives at the site.

(Ord. 93-53 § 1 (part), 1994).

10.46.110 TRIP REDUCTION ORDINANCE CERTIFICATE.

(a)    A trip reduction ordinance (TRO) certificate will be issued to each regulated site as certification that the terms of this chapter have been fully complied with. A TRO certificate application shall be filed with submittal of a trip reduction checklist and trip reduction report. The TRO certificate shall be issued by the city TR program manager within ninety days of receipt of a completed trip reduction checklist or trip reduction report.

(b)    Large employers and medium employers shall renew the TRO certificate annually, unless the target AVR of 1.35 has been attained, in which case the TRO certificate may be renewed on a biennial basis. All other TRO certificates may be renewed on a biennial basis.

(c)    A TRO certificate fee shall be established by city council resolution to pay for the costs of administration and enforcement of this chapter. The TRO certificate fee established shall be updated periodically and shall consider the following:

(1)    Fees for employers will be based on number of employees.

(2)    Large employers and medium employers who demonstrate attainment of their target AVR shall receive a twenty-five percent credit toward their TRO certificate fee the first year the target is met, a fifty percent credit the second consecutive year the target is met, and a credit of seventy-five percent the third and any subsequent consecutive year the target is met.

(Ord. 93-53 § 1 (part), 1994).

10.46.120 PHASED IMPLEMENTATION.

(a)    The provisions of this chapter shall apply to developers of new or remodeled nonresidential or residential sites on the effective date of the ordinance adopting this chapter. As to all other individuals, groups, or responsible designees subject to this chapter, including large employers, medium employers, small employers, multitenant work sites and commercial/recreational/school sites, the provisions hereof shall be implemented beginning January 31, 1996.

(b)    Except for developers of new or remodeled nonresidential or residential sites, the implementation schedule set forth in subsection (a) of this section may be postponed for a particular category of participant, if, prior to January 31, 1996, and each January 31st thereafter, the city has made a finding that “significant progress” in attaining the goals and requirements, for that particular category, has been achieved. In this regard, all participants shall prepare a brief written report to the city TR program manager based upon documentation by the participant indicating the levels of compliance. The determination of significant progress shall be based upon a finding that each category listed herein is fulfilling its respective responsibilities as set forth in this chapter. As to large or medium employers, a finding of significant progress shall be based upon the calculation of the overall AVR for participating employers, or equivalent VTR, and shall be made in accordance with the Table 3 below:

Table 3AVR Attainment Goals for Large Employers and Medium Employers

Participating Employers in City Required (year/%)

Overall AVR Goals

Equivalent Annual Vehicle AVR or Trip Reduction VTR

End of 1995 – 65%

1.25

(equivalent city/county VTR goal)

End of 1996 – 85%

1.30

(equivalent city/county VTR goal)

End of 1997 and after – 85%

1.35

(equivalent city/county VTR goal)

(c)    For the purpose of applying Table 3 above, the term “participating employer” shall mean any large employer or medium employer that has participated in a travel survey and implemented a trip reduction program. Large and medium employers shall be considered independently when calculating AVR attainment goals and determining the phased implementation schedule outlined in subsection (b) of this section. Sixty-five percent of large employers and sixty-five percent of medium employers shall each be required to make progress toward the 1.25 overall AVR goal by the end of 1995. Thereafter, both large and medium employers shall be required to meet, respectively, the eighty-five percent participation rate with a 1.30 AVR at the end of 1996, and the eighty-five percent participation rate with a 1.35 AVR at the end of 1997.

(d)    The city, in its discretion, may designate a group of small employers at one work site as a participating employer, if that group employs in total fifty or more employees and participates in the travel survey for monitoring purposes.

(e)    “Overall AVR” shall be calculated by the TR program manager using monitoring data from travel surveys conducted at participating employment sites.

(f)    “Equivalent annual vehicle trip reduction (VTR)” goal shall equal the number of vehicle trips to be reduced under the phased-in trip reduction goals (the overall AVR and percentage of employers participating) for large employers and medium employers. The VTR goals shall be calculated cooperatively by staffs of the SCCRTC and the city.

(g)    After the effective date, the implementation date for the notice to comply shall be set according to a schedule established by the city.

(Ord. 93-53 § 1 (part), 1994).

10.46.130 COMPLIANCE REPORTING AND MONITORING.

(a)    To assist the city with the information necessary to determine city compliance with this chapter, employers, developers and site owners shall perform the following:

(1)    Maintain and retain records, files and documentation to establish compliance with Sections 10.46.050, 10.46.060, 10.46.070, 10.46.080, 10.46.090, and 10.46.100 for a period of two years; and

(2)    Make such records available to the TR program manager, or his/her designee, during any on-site audit conducted by the city.

(b)    To assist with the information necessary to determine city compliance with the CMP, the city shall submit the following to the SCCRTC:

(1)    A copy of this chapter and any implementation and monitoring procedures and materials; and

(2)    All material and documentation on an annual basis and agreed upon by the SCCRTC; and

(3)    A quantitative analysis of monitoring data in a written progress report which indicates whether significant progress towards the goal, as defined under Section 10.46.120, was achieved or sustained voluntarily during the previous calendar year.

(c)    To assist the MBUAPCD with information necessary to calculate emissions reductions under this chapter, the city shall submit a copy of this ordinance, and composite AVR results of annual surveys submitted by employers to the MBUAPCD.

(Ord. 93-53 § 1 (part), 1994).

10.46.140 ADMINISTRATIVE APPEALS.

(a)    The city council shall appoint a city trip reduction ordinance (city TRO) appeals board within one hundred and twenty calendar days after adoption of this chapter. Any decision regarding the application of this chapter may be appealed to the city TRO appeals board by filing an appeal in a form approved by the city and paying the required appeal fee. The city TRO appeals board shall have the authority to hear appeals, issue orders, dispose of cases and make recommendations to the city council for action.

(b)    An employer or property owner/developer required to revise a submittal pursuant to this chapter, within thirty calendar days and upon notice to the city, may appeal such decision to the TRO appeals board. The hearing shall be held before the appeals board within sixty calendar days of receipt of the notice of appeal.

(c)    Any employer subject to this chapter that fails to meet the AVR target in thirty-six months after receipt of the compliance assistance packet, shall have a hearing before the TRO appeals board to determine if additional TDM measures from Section 10.46.170(b) (Appendix B) could be undertaken at the site. The TRO appeals board shall advise the city council as to the applicability of any additional TDM requirements.

(d)    Any decision made by the city TRO appeals board may be appealed to the city council pursuant to Chapter 1.16 of the Municipal Code.

(Ord. 93-53 § 1 (part), 1994).

10.46.150 VIOLATIONS.

(a)    A violation of any of the provisions of this chapter shall be an infraction. Each and every day that a provision(s) of this chapter or the terms and conditions of any approved work site trip reduction plan is violated, shall constitute a separate infraction. Violations shall include, but shall not be limited to, the following:

(1)    Failure to respond to the compliance assistance packet within the prescribed timeline;

(2)    Failure to submit the trip reduction plan or trip reduction checklist within the prescribed timeline;

(3)    Failure to submit the trip reduction report within the prescribed timeline;

(4)    Failure to implement items on the trip reduction plan or trip reduction checklist;

(5)    Failure to ensure that required TDM measures are implemented for the life of the development, or until the development conditions requiring TDM measures are otherwise amended;

(6)    Falsifying information with respect to meeting the provisions of this chapter;

(7)    Failure to provide surveys and trip logs to the city TR program manager.

(b)    Failure to achieve the target AVR does not constitute a violation of this chapter and no employer shall be subject to any fines based on lack of attainment.

(c)    Revenues received from fines levied to ensure compliance with this chapter shall be used to support alternative transportation.

(Ord. 93-53 § 1 (part), 1994).

10.46.160 ADDITIONAL ENFORCEMENT MEASURES.

(a)    As to nonresidential or residential developers, in addition to criminal prosecution provided for in Section 10.46.150 above, one or more of the following measures may be taken:

(1)    Withhold approval of development permits;

(2)    Issue stop work order;

(3)    Initiate proceedings to revoke the site development permit or other discretionary permit;

(4)    Withhold issuance of a certificate of occupancy;

(5)    Withhold consideration of other applications pending from the same developer;

(6)    Require the developer or property owner to establish an association of tenants and/or owners at the site through covenants, conditions and restrictions or other regulations designed to enforce the provisions of this chapter.

(Ord. 93-53 § 1 (part), 1994).

10.46.170 APPENDICES.

(a)    Appendix A. Average Vehicle Ridership (AVR) Calculation Methodology. Average vehicle ridership (AVR) is the total number of employees (including those telecommuting) reporting or assigned to a work site between 6:00 a.m. to 10:00 a.m., Monday through Friday (survey week), divided by the number of vehicles they drive from home to the work site (vehicle trips).

(1)    Survey Week. The averaging period used for the survey week cannot contain a holiday and shall represent a normal workweek situation so that a representative projection of the AVR is obtained. For vehicle use during the survey week, bicycle, transit vehicles, buses serving several work sites, and cars stopping on route to other work sites shall be excluded from the vehicles counted, as shall low-emission vehicles as approved by the MBUAPCD.

(2)    Employees. Are the total number of employees reporting or assigned to a work site during 6:00 a.m. to 10:00 a.m. each workday of the survey week. The following procedures are used in totaling employees:

(A)    Employees who telecommute or are off due to a compressed workweek schedule are counted as reporting to the work site.

(B)    The following employees are not included in the employee total:

(i)    Employees not working because of vacation, sickness, or other time off; or

(ii)    Employees who report to a different work site or an off-site work related activity; or

(iii)    Employees with a disability.

(3)    Vehicle Trips. The total number of vehicles used by employees in reporting or assigned to the work site each work day of the survey week. A vehicle trip is based on the means of transportation used for the greatest distance of an employee’s home-to-work commute trip. The following numerical values are assigned to calculate vehicle trip-days:

(A)    Single-occupant vehicle (drive alone) = 1 vehicle trip, daily.

(B)    Employee dropped-off via vehicle by noncommute trip person = 1 vehicle trip, daily.

(C)    Employee dropped-off via taxi or limousine type service = 1 vehicle trip, daily.

(D)    Motorcycle, moped scooter or motor bike = 1 vehicle trip, daily.

(E)    Carpool = 1 vehicle trip, daily, divided by the number of employees in the carpool, regardless of whether the other employee(s) in the carpool work for the employer or at the work site.

(F)    Vanpool = 1 vehicle trip, daily, divided by the number of employees in the vanpool, regardless of whether the other employees in the vanpool work for the employer or at the work site.

(G)    The following vehicle trips, daily = 0:

(i)    Public transit;

(ii)    Private buspool;

(iii)    Bicycle;

(iv)    Walking and other nonmotorized transportation modes;

(v)    Employees who telecommute (only on the days those employees work at home for the entire day);

(vi)    Employees who work a compressed workweek schedule (only on their compressed day(s) off);

(vii)    An employee with a disability using a vehicle at all times.

(4)    Sample Calculation. The example below calculates AVR for a medium employer employing one hundred employees at a single work site. Therefore, what is the AVR for an employer with one hundred employees, all commuting to work between 6:00 a.m. and 10:00 a.m., Monday through Friday?

Employees reporting to work during the survey week:

6:00 a.m. to 10:00 a.m.

Monday

100

Tuesday

100

Wednesday

100

Thursday

100

Friday

100

Total

500

Number of vehicles driven to the work site by these employees:

6:00 a.m. to 10:00 a.m.

Monday

77

Tuesday

79

Wednesday

72

Thursday

68

Friday

74

Total

400

AVR is the total number of employees reporting to work during the hours of 6:00 a.m. to 10:00 a.m. during the week (e.g., 500) divided by the number of vehicles driven to the worksite between the hours of 6:00 a.m. to 10:00 a.m. during the week (e.g., 400):

500 employees

= 1.25 AVR (Or 100 vehicle trip reductions)

400 vehicles

To attain the AVR 1.35, an additional 30 vehicle trip reductions are needed:

500 employees

= 1.35 AVR (Or 130 vehicle trip reductions)

370 vehicles

(b)    Appendix B. Transportation Demand Management (TDM) Measure Techniques.

(1)    TDM measure techniques affecting the single-occupancy vehicle commute trip shall include, but are not limited to, the following:

a.    Ridesharing.

1.    Carpool/vanpool matching.

2.    Preferential parking for carpools and vanpools.

3.    Carpool/vanpool financial subsidies or rewards.

4.    Employer-provided vehicles for carpools and/or vanpools.

5.    Employer-sponsored vanpools.

6.    Rideshare marketing campaigns.

7.    Financial subsidy of vanpool liability insurance.

b.    Transit.

8.    Work site transit ticket sales.

9.    Transit ticket financial subsidies.

10.    Transit route maps and schedules on-site.

11.    Shuttle to transit line (employer-sponsored or subsidized).

12.    Provide park-and-ride facilities.

c.    Commute Trip Elimination.

13.    Compressed workweeks.

14.    Work-at-home programs.

15.    Telecommuting.

d.    Parking Pricing.

16.    Establishing monetary fees for employee parking.

17.    Elimination of any employer parking financial subsidy.

18.    Transition from employer parking financial subsidy to general transportation monetary allowance for all employees.

19.    Reduced parking rates for carpools and vanpools.

20.    Customer parking fees.

e.    Bicycle and Pedestrian.

21.    Bicycling financial subsidies or rewards.

22.    Financial subsidy to employees for the purchase of bicycles for commute trip use.

23.    Bicycle lockers or other secure, weather-protected bicycle parking facilities.

24.    Bicycle access to building interior.

25.    Bicycle and/or walking route information.

26.    On-site bicycle registration.

27.    Bicycle pools for temporary use during the day.

28.    Provide bike-and-ride facilities.

f.    On-Site Facilities/Services.

29.    Employee shower facilities and clothes lockers.

30.    Site modifications that would encourage walking, transit, carpool, vanpool, and bicycle use.

31.    On-site services to reduce midday vehicle trips, e.g., direct deposit of payroll, cafeteria, automatic teller machines, apparel cleaning, etc.

32.    On-site transportation fair to promote commute alternatives.

g.    Other.

33.    Membership in the Santa Cruz Area Transportation Management Association (TMA) that provides services and incentives.

34.    Establishment of employee committee to help design, develop, and monitor the trip reduction program.

35.    Emergency ride home program.

36.    Financial subsidies or rewards for walking and other nonmotorized transportation modes.

37.    Use of employer vehicles for midday travel.

38.    Shuttles between multiple work sites.

39.    Providing child day care at/near work site.

40.    Delivery services to or from the work site.

41.    Enhanced trip reduction efforts on forecast criteria pollutant exceedance days.

h.    New Development.

42.    Mixed land use arrangements which minimize single-occupant vehicle trips.

43.    Traffic flow improvements or payments for traffic flow improvements which do not result in an increase of emissions of oxides of nitrogen.

44.    Provision of transit design features within the development.

45.    Provision of on-site child care centers, food services and direct check deposit.

46.    Provision of shower/locker facilities for bicycle commuters.

47.    Provision of pedestrian access points between bus service and major points within the development.

48.    Construction or designation of a park-and-ride lot.

49.    Provision of enclosed bicycle parking facilities.

50.    Provision for bicycle and pedestrian only routes through the development and/or connections to the general community.

51.    Development of pedestrian oriented commercial development in existing neighborhoods.

52.    Development of residential development with minimal parking in the downtown.

53.    Provision of a fund for bus passes for employees commuting to the development.

54.    Provision for very high density development along transit corridors.

(Ord. 93-53 § 1 (part), 1994).