HomeMy WebLinkAboutOrd 1300-2001ORDINANCE NO. 1300-2001
AN ORDINANCE ADDING CHAPTER 20.120, TRANSPORTATION
DEMAND MANAGEMENT, TO THE SOUTH SAN FRANCISCO
MUNICIPAL CODE
WHE_-LEAS, on January 4, May 17, July 19, 2001, and August 2, 2001, the Planning
Commission held duly noticed study sessions and public hearings to consider the Transportation
Demand Management (TDM) Ordinance; and,
WHEREAS, the South San Francisco General Plan's Transportation Element Policy 4.3-
1-8 states that ithe city adopt a TDM program or ordinance; and,
WI-[EREAS, since 1998, the City has been working with a transportation consultant to
prepare a delailed traffic study for the East of 101 Area, including the preparation of a
comprehensiye and enforceable TDM program; and,
wHEREAS, staff reports, dated May 17, 2001, July 19, 2001, August 2, 2001, August
30, 2001 and September 26, 2001, incorporated herein by reference, were prepared for the City's
review, at th{ Planning Commission and City Council, which reports describe and analyze the
Transportation Demand Management (TDM) Ordinance; and,
WHEREAS, on August 2, 2001, the Planning Commission recommended that the City
Council adopt the Transportation Demand Management Ordinance but eliminate the availability
of reduced and paid parking as means for achieving alternate mode compliance; and,
WHEREAS, on August 30, 2001 and September 26, 2001, the City Council held study
sessions and public heatings to consider amending the zoning code to include the Transportation
Demand Management Ordinance; and,
wHEREAS, the findings and determinations contained herein are based on all competent
and substanti~l evidence in the record, both oral and written, contained in the entire record
relating to the! project The findings and determinations constitute the independent findings and
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determinations of the City Council and are supported by substantial evidence in the record,
including the General Plan adopted in 1999, the staff reports and consultant reports submitted at
the Planning Commission meetings on July 19, 2001, and August 2, 2001, the staff reports and
consultant repprts and all testimony in response thereto, submitted at the August 30, 2001, Study
Session and September 26, 2001, duly notice public heating; and the proposed General Plan
amendment arid Supplemental Environmental Impact report related thereto.
NOWl THEREFORE, The City Council of the City of South San Francisco based on the
I .
entire record Which includes, but is not limited to the Study Sessions of September 30, 2001, the
duly noticed ipublic hearing of City Council on September 26, 2001, and staff reports and
testimony received at same; the Transportation Demand Management Ordinance; the General
Plan Environmental Impact Report certified in 1999; the Supplemental Environmental Impact
Report for th~ Transportation Demand Management Ordinance, submitted and certified by the
City Council bn September 26, 2001, including all findings made for same; and the staff reports
and testimony received at the duly noticed public heating of the City Council on September 26,
2001; does h~reby ordain as follows:
SECTION 1' ADDITION OF CHAPTER 20.120
Chapter 20.120, entitled "Transportation Demand Management" is hereby added to the South
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San Franc~sc0 Municipal Code to provide as set forth in Exhibit A attached hereto and
incorporated tlerein by reference.
SECTION 2: i PURPOSE
To implement the goals and policies established in the South San Francisco General Plan, as
amended from time to time, by reducing traffic congestion at identified intersections through
implementatiOn of transportation demand management programs for specified uses within the
City. .
SECTION 3: i FINDINGS
1. The abov~ described Transportation Demand Management (TDM) Ordinance is internally
consistent with the South San Francisco General Plan.
Analysis: The TDM Ordinance implements the goals and policies of the South San Francisco
General Plan iadopted in October 1999. The TDM Ordinance implements Policy 2-1-4 which
requires projects seeking an FAR bonus to achieve a progressively higher alternative mode usage
pursuant to th~ TDM Ordinance. The Ordinance is also consistent with sections 4-3-1-8, 4-3-1-11
and 4-3-1-12 Which set forth the criteria and alternative mode usage for projects subject to the
TDM Ordinance.
2. California Environmental Quality Act:
Pursuant to tl~e California Environmental Quality Act (CEQA) Guidelines, the City Council
declares that lthis project was analyzed in accordance with CEQA in the Supplemental
Environmental Impact Report, 2001. The SEIR concluded that there were no adverse effects
associated with the project and identified only beneficial affects on the environment. The TDM
Ordinance's purpose is to reduce traffic congestion through a regulatory program consisting of
employer implemented shuttle programs; on-site amenities; reduced parking; paid parking and
other measures calculated to reduce single occupancy vehicle trips. The Ordinance does not
require any new buildings or facilities as a result of implementation. Therefore, there are no
adverse environmental impacts associated with the Ordinance.
SECTION 4:i SEVERABILITY
In the event any section or portion of this ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections or
portions hereof shall remain in full force and effect.
SECTION 5: PUBLICATION AND EFFECTIVE DATE
Pursuant to tlle provisions of Government Code Section 36933, a Summary of this Ordinance
shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at
which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary,
and (2) post ~ the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15)
days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2)
post in the Cily Clerk's Office a certified copy of the full text of this Ordinance along with the
names of those City Council members voting for and against this Ordinance or otherwise voting.
This ordinance shall become effective thirty days from and after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the 26th day of September 2001, by the following vote:
Adopted as an Ordinance of the City of South San Francisco at a regular meeting
of the City COuncil held the 24th day of October 2001:
AYES:
Councilmembers Pedro Gonzalez, Karyl Matsumoto and John R. Penna
Mayor Pro Tem Eugene R. Mullin and Mayor Joseph A. Fernekes
NOES: None.
ABSTAIN:
ABSENT:
None.
None.
ATTEST: C~ ~;r,,~'~2~,/~,a
./ .~4~ CityClerk O~/ ~
As Ma~or of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 24th day of October 2001.
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Chapter 20.120: Transportation Demand
Management
Sections:
20.120.010
20.120.020
20.120.030
20.120.040
20.120.050
20.120.060
20.120.070
20.120.080
20.120.090
20.120.100
20.120.110
Purpose
Applicability
Program Requirements and Standards
Required Measures
Additional Measures
Submittal Requirements
Review and Approval Process
Waivers and Minor Deviations
Amendments
Monitoring and Enforcement
Appeals
20.120.010 Purpose
The specific purposes of this Chapter are the following:
Implement a program designed to reduce the amount of traffic
generated by new non-residential development, and the expansion of
existing non-residential development, pursuant to the City's police
power and necessary in order to protect the public health, safety
and welfare.
Ensure that expected increases in traffic resulting from growth in
employment opportunities in the City of South San Francisco will be
adequately mitigated.
RedUce drive-alone commute trips during peak traffic periods by
using a combination of services, incentives, and facilities.
Promote the more efficient utilization of existing transportation
facilities and ensure that new developments are designed in ways to
maximize the potential for alternative transportation usage.
Establish minimum TDM requirements for all new non-residential
development.
06/27/01
Chapter 20.120~ Page I
Allow reduced parking requirements for projects implementing the
requirements of this Chapter.
Establish an on-going monitoring and enforcement program to
ensure that the measures are implemented.
20.1,20.020 Applicability
A. Area, The requirements of this Chapter shall apply to all lands
' within the jurisdiction of the City.
i Projects. The requirements of this Chapter apply to all non-
residential development expected to generate 100 or more average
i daily trips, based on the Institute of Traffic Engineers (ITE) trip
i generation rates or a project seeking a floor area ratio (FAR) bonus.
20.120.030 Program Requirements and Standards
Schedule 20.120.030-A establishes the specific program requirements for
a project generating 100 or more trips or a project seeking a floor area
ratio (FAR) bonus. The required alternative mode use for all projects is 28
percel~t and applicants who propose projects with increased FAR would be
requi~ed to increase their alternative mode use accordingly. The
requffements are described in the subsections below.
Schedule 20.120.030-A: Applicability of TDM Requirements
Trips Generated by Required Percent Annual Triennial Financial
Project or Project Measures Alternative Survey Report Penalty for
Requesting an FAR Mode Use Non-
Bonus ' Required compfianc
e
Projec~ with > than 100 Yes 28 Yes No No
average daily trip
Projecl~ requesting an Yes See Schedule Yes Yes Yes
FAR bo~nus* 20.120.020-C
* Refer to Schedule 20.1 20.30-C for FAR bonus requirements.
,Required and Additional Measures. All projects generating 100 or
i more trips shall prepare and submit a Preliminary TDM Plan that
!includes all Required Measures and Additional Measures necessary
to achieve a minimum 28 percent alternative mode use, as
prescribed in Schedule 20.120.030-B. Refer to Section 20.120.040:
Chapter 20.120~ Page 2
Bo
Req'~ired Measures and 20.120.050:
description of the measures.
Additional Measures, for a
Schedule 20.120.030-B: Summary of Program Requirements
Required Measures for all Projects
Generating 100 or more trips
A. Bicycle Parking, Long- Term
B. Bicycle Parking, Short-Term
C. Carpool and Vanpool
Ridematching Service
D. Designated Employer Contact
E. Direct Route to Transit
F. Free Parking for Carpool and
Vanpools
G. Guaranteed Ride Home
H. I~formation Boards/Kiosks
I. Passenger Loading Zones
J. Pedestrian Connections
K. I~referential Carpool and
Vanpool Parking
L. F~romotional Programs
M. showers/Clothes Lockers
N. Shuttle Program
O. T'ansportation Management
Association Participation
Additional Measures chosen by
Applicant to Meet the Required
Alternative Mode Use (at least one
measure required of afl projects)
A. Alternative Commute
Subsidies/Parking cash out
B. Bicycle Connections
C, Compressed WorkWeek
D. Flextime
E. Land Dedication for Transit
Facilities/Bus Shelter
F. Onsite Amenities
G. Paid parking at Prevalent Market
Rates
H. Telecommuting
I. Reduced Parking
J. Other measures as determined by
the Chief Planner consistent with (B)
below
Projects Seeking an FAR Bonus. Projects seeking an FAR bonus
shall prepare and submit a Preliminary TDM Plan that includes all
Required Measures, any combination of Additional Measures, and
any other measures that have a demonstratable effect of reducing
the number of trips generated as determined by the Chief Planner
and as approved by the Planning Commission. Schedule
20.120.030-C prescribes the maximum allowable FAR under these
intensity provisions and Schedule 20.120.030-D prescribes the
requ ired alternative mode use based on the FAR.
Chapter 20.120-- Page 3
Schedule 20.120.030-C: Maximum Allowable FAR
General Plan Land Use
Classification
Office
Business Commercial
Hotels
Business and Technology
Park
Coastal Commercial
Hotels
Base FAR
Maximum FAR Maximum
with TDM Permitted FAR in
Plan* the General Plan'
1.0 2,3 2.5
0.5 0,9 1.0
1.2 1.8 2.0
0.5 0.9 1.0
0,5 0,9 1.0
1.2 1.8 2,0
* The General Plan establishes a maximum floor area ratio (FAR) (Table 2.2-1 in the South
San Francisco General Plan), Column two indicates the maximum floor area ratio
permitted with the TDM Bonus, Column three indicates the maximum permitted floor area
ratio with the combined TDM Bonus and design bonuses.
Alternative Mode Use Required for an FAR Bonus. The
alternative mode use required for bonus FAR under these intensity
provisions is prescribed in Schedule 20.120.030-D.
Schedule 20.120.030-D: Alternative Mode Use Requirements for an FAR Bonus
General Plan Land Use
Classification
Office
Business Commercial/Coastal
Commercial or Business
Technology Park
Hotel (In either Business
Commercial or Coastal
Commercial)
Alternative Mode
Use Required
Requested FAR (Percent)
1,10- 1.59 30,0
1.60- 1,99 36.5
2.00 - 2,30 45.0
0.51 - 0,69 30,0
0.70 - 0.80 32.0
0.81 - 0,90 35,0
1,21 - 1,49 30.0
1,50- 1.69 32,0
1,70- 1,80 35,0
TDM Plans Required. Pursuant to Section 20.120.060 and Section
20.120.070, all projects shall submit a Preliminary and Final TDM
Chapter 20.120-- Page 4
Pl__aq. Said Plans must demonstrate that, upon implementation, they
will achieve the required alternative mode use.
E. Guidelines, TDM guidelines regarding the range of alternative mode
use achievable from each additional measure are available from the
Planning Division.
F. Moditoring and Eqforcement. Projects will be monitored pursuant
to Section 20.120.100 to ensure the alternative mode use is
achieved. Applicant shall be required, as a condition of approval, to
reimburse the City for costs incurred in maintaining and enforcing
the TDM program for the approved project.
20.120.040 Required Measures
All non-residential development shall implement the following measures:
A. Bicycle Parking, Long-Ter,,~. The applicant shall determine the
appropriate number of bicycle spaces based on the required
alternative mode use and subject to review and approval by the
Chief Planner. Bicycle parking shall be located within 75 feet of a
main entrance to the building and all long-term spaces must be
covered. Long-term bicycle parking shall be achieved by providing
one or more of the following measures:
Parking in a locked, controlled access room or area enclosed
by a fence with a locked gate.
Lockers.
Parking within view or within 100 feet of an attendant or
security guard.
Parking in an area that is monitored by a security camera.
Providing fixed stationary objects that allow the bicycle frame
and both wheels to be locked with a bicycle-locking device or
the bicyclist supplying only a lock and six-foot cable.
Bicycle Parking, Short-Te,-~ii. The applicant shall determine the
appropriate number of bicycle spaces based on the required
alternative mode use and subject to review and approval by the
Chief Planner. If more than 10 short-term spaces are required at
Chapter 20.120-- Page 5
least 50 percent must be covered. Bicycle parking shall be located
within 100 feet of a main entrance to the building. Security shall be
achieved by using one or more of the same methods used for
securing long-term bicycle parking.
Carpool and Vanpool Ridematching Services. The Designated
Employer Contact shall be responsible for matching potential
carpoolers and vanpoolers by administering a carpool/vanpool
matching application. The application shall match employees who
may be able to carpool or vanpool.
Designated Employer Contact. Each applicant shall designate or
require tenants to designate an employee as the official contact for
the TDM program. The City shall be provided with a current name
and phone number of the Designated Employer Contact. The
Designated Employer Contact shall administer carpool and vanpool
ridematching services, the promotional programs, update
information on the information boards/kiosks, and be the official
contact for the administration of the annual survey and Triennial
report.
Direct Route to Transit. A well-lighted path or sidewalk shall be
provided utilizing the most direct route to the nearest transit or
shuttle stop from the building. Refer to Figure 20.120.040.
Free Parking for Carpools and Vanpools, The preferential
parking spaces shall be provided free of charge.
Guaranteed Ride Home. Carpool, vanpool and transit riders shall
be provided with guaranteed rides home in emergency situations.
Rides shall be provided either by a transportation service provider
(taxi or rental car) or an informal policy using company
vehicles/and or designated employees.
Iqfo~-,,~ation Boards/Kiosks. The Designated Employer Contact
shall display in a permanent location the following information:
transit routes and schedules; carpooling and vanpooling
'information; bicycle lanes, routes and paths and facility information;
'and alternative commute subsidy information.
Passenger Loading Zones. Passenger loading zones for carpool and
{vanpool drop-off shall be located near the main building entrance.
Chapter 20.120~ Page 6
J. Pedestrian Connections. Safe, convenient pedestrian connections
shall be provided from the project to surrounding external streets
and, if applicable, trails. Lighting, landscaping and building
orientation should be designed to enhance pedestrian safety.
K. Preferential Carpool and Vanpool Parking. Ten percent of vehicle
spaces shall be reserved for carpools or vanpools, with a minimum
of ope space required. Such spaces shall be provided in premium
and i convenient locations.
L. Promotional Programs. The following promotional programs shall
be promoted and organized by the Designated Employer Contact:
new tenant and employee orientation packets on transportation
alternatives; flyers, posters, brochures, and emails on commute
alternatives; transportation fairs; Spare the Air (June - October);
Rideshare Week (October); trip planning assistance-routes and
maps.
m. ShoWers/Clothes Lockers. Shower and clothes locker facilities
shall be provided free of charge.
N. Shuttle Program. Establish a Shuttle Program or participate in an
exis-Jng Program approved by the Chief Planner and subject to any
fees for the existing program.
O. Transportation Management Association (TMA). The applicant
shall participate or require tenant to participate in a local TMA, The
Peninsula Congestion Relief Alliance (Alliance) or a similar
organization approved by the Chief Planner, that provides ongoing
support for alternative commute programs.
20.120.050 Additional Measures
The Chief Planner and the Planning Commission shall determine the
appropriateness of each Additional Measure chosen by the applicant. See
also Section 20.120.070: Review and Approval Process.
A. Alternative Commute Subsides/Parking Cash Out. Employees
shal- be provided with a subsidy, determined by the applicant and
subject to review by the Chief Planner if they use transit or
commute by other alternative modes.
Chapter 20.120~ Page 7
Co
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Bicycle Connections. If a site is abutting a bicycle path, lane or
route according to Figure 20.120.040, a bicycle connection shall be
provided close to an entrance to the building on the site.
Compressed Work Week. The applicant shall allow employees or
require their tenants to allow employees to adjust their work
schedule in order to complete the basic work requirement of five
eight-hour workdays by adjusting their schedule to reduce vehicle
trips to the worksite.
Flextime. The applicant shall provide or require their tenants to
provide employees with staggered work hours involving a shift in the
set work hours of all employees at the workplace or flexible work
hours involving individually determined work hours.
Land Dedication for Transit/Bus Shelter. Where appropriate,
!land shall be dedicated for transit or a bus shelter shall be provided
based on the proximity to a transit route shown on Figure
i 20.120.050.
Onsite Amenities, One or more of the following amenities shall be
implemented: ATM, day care, cafeteria, limited food service
establishment, dry cleaners, exercise facilities, convenience retail,
post office, on-site transit pass sales.
Paid Parking at Prevalent Market Rates. Parking shall be
provided at a cost equal to the prevalent market rate, as determined
by the City based on a survey of parking in North San Mateo
County.
Telecommuting, The applicant shall provide or require tenants to
provide opportunities and the ability to work off-site.
Reduced Parking. In accordance with General Plan Policy 4.3-I-8,
reduced parking, consistent with projected trip reduction identified
~in the preliminary TDM plan, may be permitted subject to approval
i by the Planning Commission.
]Other Measures. Additional measures not listed in this Chapter,
such as an in-lieu fee that would be negotiated in a Development
Agreement with the City, may be implemented as determined by the
Chapter 20.120~ Page 8
Chief Planner and approved by the Planning Commission. Once the
Plar_ning Commission approves the Preliminary TDM Plan, the Chief
Plat auer may recommend additional measures either as part of the
Fine L1 TDM Plan or as part of the Triennial Review process.
Chapter 20.120~ Page 9
0
20.120.060 Submittal Requirements
All p_-ojects generating 100 or more trips shall submit
information in conjunction wi_th the development application:
the following
A. Preliminary TDM Plan.
1. A completed checklist of the Required Measures pursuant to
Section 20.120.040.
2. A completed checklist of the Additional Measures chosen by
the applicant pursuant to Section 20.120.050.
3. A description of how the applicable alternative mode use will
be achieved and maintained over the life of the project,
including, but not limited to, the trip reduction goals targeted
for the various TDM measures.
4. TDM Site Plan. All applicants shall submit a site plan that
designates, if applicable, TDM design elements including:
a. External: preferential parking areas, paid parking
areas, bicycle connections, bicycle parking long- and
short-term, location of onsite amenities, passenger
loading areas, land dedicated for transit facilities and
bus shelters, direct route to transit, and pedestrian
connections.
b. Internal: showers/lockers, information boards/kiosks,
ATM, dry cleaners, day care, convenience retail, post
office, cafeteria, limited food service establishment,
exercise facilities, onsite transit pass sales.
B. Program Costs. All projects shall be required to reimburse the City
~for program costs associated monitoring and enforcing the TDM
program for the project.
20.120.070 Review and Approval Process
The review and approval process for this Chapter is set forth below.
Chapter 20.120~ Page 12
All Projects. Approval of a Conditional Use Permit is required for all
non-residential developments subject to the provisions of this
Chapter.
Required Findings. In addition to the requirements of Chapter
20.81: Use Permit Procedure, the Planning Commission shall make
the following findings:
The proposed TDM measures are feasible and appropriate for
the project, considering the proposed use or mix of uses and
the project's location, size, and hours of operation; and
2. i Whether the proposed performance guarantees will ensure
,I that the target alternative mode use established for the
i project by this chapter will be achieved and maintained.
Actions By Planning Commission. Prior to approval of a Use
Permit, the Planning Commission, may:
Reject the Preliminary TDM Plan based on the findings in
subsection C and require applicant to resubmit Preliminary
TDM Plan;
Approve a lower FAR bonus based on the findings in
subsection C; or
Impose conditions that are necessary to achieve and maintain
the target alternative mode use.
Fin,~l TDM Plan. The applicant shall modify the Preliminary TDM
Plar_ and submit the Final TDM Plan including additional conditions
imposed by the Planning Commission as part of the building permit
process. Prior to receiving a building permit, the Final TDM Plan
shall be reviewed and approved by the Chief Planner to ensure all
conditions imposed by the Planning Commission have been
addgessed.
20.120.080
An applicant
requireme~
requests a
to a partic
Waivers and Minor Deviations
may request a waiver or minor deviation from the
~ts of this Chapter. The Chief Planner shall review such
.ad determine whether a particular requirement is not applicable
alar non-residential development or whether it may be reduced,
Chapter 20.120-- Page 13
or an alternative and equivalent measure substituted. Prior to approval of
a Use Permit the Planning Commission shall impose conditions that are
necessary to achieve and maintain the target alternative mode use.
20.120.090 Amendments
A Use Permit modification shall be required when a major change--a
change is the addition of 10 percent of the building area or a change in use
classes that triggers a 10 percent or greater increase in trips-- occurs.
20.120.100 Monitoring and Enforcement
All projects are subject to an Annual Survey. Applicants seeking an FAR
bonuS are also subject to a Triennial Report and penalties for
noncompliance.
Ao
Annual Surveys for All Projects
Purpose. The purpose of the Annual Survey is to report on the
compliance of a project with the Final TDM Plan.
2. Survey Preparation. The City or the City's designated
representative shall prepare and administer the Annual
Survey of participants in the TDM program.
o
i4.
Survey Specifications. The survey shall be used to monitor all
projects. The survey administrator shall use statistical
sampling techniques that will create a 95 percent confidence
in the findings.
Survey Report. A report of the survey findings shall be
presented annually to the Planning Commission and the City
Council.
Triennual Reports for Applicants Seeking an FAR Bonus
Purpose. The purpose of the Triennial Report is to encourage
alternative mode use and to document the effectiveness of the
Final TDM plan in achie~ng the required alternative mode
use.
12.
Triennial Report Preparation. The Triennial report will be
prepared by an independent consultant, retained by City and
Chapter 20.120--- Page 14
paid for by applicant, who will work in concert with the
Designated Employer Contact.
Submittal. The Triennial Report shall be submitted every three
years on the anniversary date of the granting of the certificate
of occupancy for a building or facility.
Response Rate. The information for the Triennial Report shall
be obtained from all employees working in the buildings. All
nonresponses will be counted as a drive alone trip.
Required Alternative Mode Use. The Triennial Report shall
state whether the non-residential development has or has not
achieved its required percent alternative mode use. If the
development has not achieved the required alternative mode
use, the applicant shall provide an explanation of how and
why the goal has not been reached and a detailed description
of Additional Measures that will be adopted in the coming
year to attain the required alternative mode use. Any and all
Additional Measures must include an implementation
schedule by month.
Historical Comparison. The Triennial Report shall include a
comparison to historical responses on the survey and if a
mode share has changed significantly, a detailed description
as to why the mode share has changed.
City Review. The Chief Planner shall review all Triennial
Reports. If at anytime the reports indicate failure to achieve
the stated policy goals, those reports will be submitted to the
City Council.
Penalty for Noncompliance. If after the initial Triennial Report,
the subsequent Triennual Report indicates that, in spite of
the changes in the Final TDM Plan, the required alternative
mode use is still not being achieved, or if an applicant fails to
submit a Triennial Report at the times described above, the
City may assess applicant a penalty. The penalty shall be
established by City Council resolution on the basis of project
size and actual percentage alternative mode use as compared
to the percent alternative mode use established in the TDM
Plan.
Chapter 20.120-- Page 15
9. Application of the Penalty. In determining whether a financial
penalty is appropriate, the City may consider whether the
applicant has made a good faith effort to achieve the required
alternative mode use. If a penalty is imposed such penalty
sums shall be used by the City toward the implementation of
the Final TDM Plan.
20.1'20.110 Appeals
In ac, 2ordance with Chapter 20.90: Appeal Procedure, an applicant may
appe-~l an administrative decision to the Planning Commission and if the
applicant is not satisfied with the decision of the Planning Commission,
the applicant may appeal the decision to the City Council.
Chapter 20.120--- Page 16