O2782City Council Meeting: June 25, 2024 Santa Monica, California
ORDINANCE NUMBER 2782 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CHAPTER 9.53 TRANSPORTATION
DEMAND MANAGEMENT TO ALIGN THE CITY’S TRANSPORTATION DEMAND
MANAGEMENT ORDINANCE WITH SOUTH COAST AIR QUALITY MANAGEMENT
DISTRICT’S (AQMD) RULE 2202
WHEREAS, vehicle transportation is the greatest contributor to Santa Monica’s
carbon emissions (accounting for 69 percent of emissions in 2022), and between 2019
and 2020, emissions plummeted, largely due to restricted mobility and economic activity
resulting from the COVID-19 pandemic;
WHEREAS, although overall transportation emissions in 2022 were 19 percent
lower than in 2019, in order to reduce emissions enough to meet the City of Santa
Monica’s goals, broader programmatic efforts focused on mode shifting and
transportation behaviors are necessary;
WHEREAS, the Department of Transportation’s Mobility Division regulates
employers per a Memorandum of Understanding (MOU) with the South Coast Air Quality
Management District (AQMD), the regional air pollution control agency with jurisdiction
over Santa Monica and the greater Los Angeles area;
WHEREAS, per the MOU with AQMD, the City is required to align with AQMD’s
rules and regulations; and in August 2023, AQMD updated Rule 2202 to require
employers to collect and report on additional data on employee commute activity which
will be analyzed to inform potential future rule amendments; and
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WHEREAS, the amendments below align the City’s Transportation Demand
Ordinance with AQMD’s updates to Rule 2202, and attempt to further reduce overall
transportation emissions in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.53 of the Santa Monica Municipal Code is hereby amended
as follows:
9.53.010 Purpose
The purpose and objective of this Chapter is to implement the goals and policies of the
City’s General Plan by proactively managing congestion, reducing automobile
dependence, and enhancing transportation choices by requiring trip reduction plans for
all types of trips—work, shopping, leisure, school, and appointments—that will:
A. Ensure City compliance with the applicable requirements of the South Coast
Air Quality Management District (SCAQMD) Rule 2202 and implement air
quality control measures required of local governments by the District’s 1991
Air Quality Management Plan and subsequent updates and the Los Angeles
County Metropolitan Transportation Authority’s (LACMTA) Congestion
Management Program (CMP);
B. Accommodate land use changes allowed under the General Plan’s Land Use
and Circulation Element (“LUCE”) while reducing peak-hour automobile trips
from new and existing destinations to achieve the LUCE’s goal of no net
increase in PM peak hour vehicle trips by 2030;
C. Improve the mobility and general efficiency of circulation and transportation
systems by increasing reliance on non-single-occupant vehicle (SOV) travel
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such as public transit, ridesharing, active transportation, carsharing, and
focusing development in areas close to transit and employment;
D. Reduce traffic impacts within the community and region, vehicular air pollutant
emissions, energy usage, and ambient noise levels through a reduction in the
number of per capita vehicle miles traveled (VMT) and management of traffic
congestion;
E. Minimize the percentage of Employees traveling in SOVs to and from work,
especially during peak-hour periods;
F. Promote and increase work-related transit use, ridesharing, walking, and
bicycling to minimize parking needs, manage congestion, and protect the
quality of life in Santa Monica’s neighborhoods and districts;
G. Improve the quality and level of access for residents, Employees, customers,
and visitors by improving transportation choices and managing congestion;
H. Decrease the City’s need for additional parking facility construction;
I. Coordinate transportation system management, transportation demand
management (TDM), and transportation facility development strategies
Citywide; and
J. Coordinate transportation system management, transportation demand
management, and transportation facility development strategies with other
cities and counties in the region and through regional agencies. (Added by Ord.
No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS
§ 4, adopted September 8, 2020)
9.53.020 Definitions
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The following words and phrases shall have the following meanings when used in this
Chapter. Words and phrases not specifically defined below shall be aligned with the
meanings identified in SCAQMD’s Rule 2202.
Audit. A selective inspection by the City of an Employer or Developer’s activities related
to the fulfillment of ongoing implementation and monitoring of an approved Emission
Reduction Plan or Developer TDM Plan.
Average Vehicle Ridership (AVR). The total number of Employees who report to or
leave work during the Peak Windows divided by the number of vehicles driven by these
Employees over that 5-day survey period. The AVR calculation requires that the 5-day
period must represent the 5 days during which the majority of Employees are scheduled
to arrive at the Worksite. The hours and days chosen must be consecutive. The 5-day
survey period cannot contain a holiday and shall represent typical operations so that a
projection of the average vehicle ridership during the year is obtained.
An example of morning AVR using the survey week for an Employer with 300 Employees
all reporting to work weekdays between 6:00 a.m. and 10:00 a.m. is:
EMPLOYEES REPORTING TO/
DEPARTING WORK
NUMBER OF VEHICLES DRIVEN
TO THE WORKSITE BY THESE
EMPLOYEES
MONDAY 300 200
TUESDAY 300 190
WEDNESDAY 300 210
THURSDAY 300 200
FRIDAY 300 200
TOTAL 1,500 1,000
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In this example, AVR is arrived at by dividing the number of Employees reporting to work
between 6:00 a.m. and 10:00 a.m. during the survey week (1,500) by the number of
vehicles driven to the Worksite between the same hours during the week (1,000):
1,500/1,000 = 1.5 AVR
A similar calculation is required for obtaining the afternoon Peak Window AVR for
commute trips to and from the Worksite between 3:00 p.m. and 7:00 p.m.
AVR Target. The AVR established by this Chapter that an Employer Emission Reduction
Plan (ERP) or Developer Transportation Demand Management (TDM) plan is expected
to achieve for a particular Worksite or project.
AVR Verification Method. A method approved by the City for determining an Employer’s
current AVR, or approved by the City or SCAQMD for Employers of 250 Employees or
more.
AVR Window. The period of time comprised of both hours and days used to calculate
AVR (i.e., 6:00 a.m. to 10:00 a.m. and 3:00 p.m. to 7:00 p.m.).
Business Type/Classification. The activity type that classifies the primary nature of
work conducted by the Employer located at the Worksite.
Carpool. A motor vehicle occupied by 2 to 6 persons traveling together to and from the
Worksite for the majority (at least 51%) of the total commute. For-hire vehicles must
include 2 or more passengers (in addition to any driver) to be classified as a carpool.
Commute Trip. The means of transportation used for the greatest distance of an
Employee’s commute to or from work during the Peak Window. Each commute trip to the
Worksite shall be calculated as follows:
Single-occupant vehicle = 1
Carpool = 1 divided by the number of people in the carpool
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Vanpool = 1 divided by the number of people in the van
Motorcycle, moped, motorized scooter, motorbike = 1 divided by the number of
people on the vehicle
Zero Emission Vehicle= 0*
(*Zero Emission Vehicle = 1 for Developer TDM Plans. See Section 9.53.140)
Public transit = 0
Bicycle = 0
Walking and other nonmotorized transportation modes = 0
Non-commuting = 0
Compressed Work Week. This applies to Employee(s) who, as an alternative to
completing the basic work requirements in five 8-hour workdays in one week, are
scheduled in a manner which reduces vehicle trips to the Worksite. The recognized
compressed work week schedules for purposes of this Chapter are 36 hours in 3 days
(3/36), 40 hours in 4 days (4/40), or 80 hours in 9 days (9/80).
Consultant Employee Transportation Coordinator (ETC). A person that meets the
requirements of and that serves as an ETC at a Worksite for an Employer other than the
consultant ETC’s Employer.
Developer. Any person or entity that is responsible for development of a project that will
result in the new construction of 7,500 square feet of nonresidential floor area or more,
16 residential units or more, or mixed-use projects of 16 residential units or more with any
associated nonresidential components. The person or entity responsible for development
of a project shall be the Developer and property owner. Upon transfer of title from a
property owner to a Developer, the term “Developer” shall mean the property owner.
Developer TDM Plan. A trip reduction plan intended to result in a Developer achieving
the applicable AVR targets specified in this Chapter.
Director of Transportation. The Director of Transportation of the City of Santa Monica
or designee.
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Disabled Employee. An individual with a physical impairment which prevents the
individual from traveling to and from the Worksite by means other than a single-occupant
vehicle.
Emission Reduction Plan (ERP). A plan intended to reduce emissions related to
Employee commutes and to meet a worksite specific emission reduction target for the
subsequent year.
Emission Reduction Target (ERT). The annual VOC, NOx and CO emissions required
to be reduced based on the number of Employees per Worksite and the Employee
Emission Reduction Factors as specified in SCAQMD Rule 2202-On-Road Motor Vehicle
Mitigation Options Implementation Guidelines.
Employee. Any person employed full or part-time by a person(s), firm, business,
educational institution, nonprofit agency or corporation, government agency or other
entity. This term excludes the following: temporary Employees, Field Construction
Workers, Independent Contractors, Volunteers, seasonal Employees and Field
Personnel.
Employee Transportation Coordinator (ETC). The designated person, with appropriate
training as required by the City, who is responsible for the development, administration,
implementation, and monitoring of the Emission Reduction Plan. The ETC must be active
during normal business hours when the majority of Employees are at the Worksite, either
in person or teleworking. Employers of 250 Employees or more must attend an SCAQMD
ETC certification course. Employee Transportation Coordinators shall participate in City-
sponsored workshops and roundtables.
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Employee Trip Reduction Plan (ETRP). A plan for implementation of strategies that are
designed to reduce Employee vehicle commute trips during the AVR Window.
Employer. Any person(s), firm, business, educational institution, nonprofit agency, or
corporation, government agency, or other entity that employes 30 or more Employees
and has a permanent place of business in the City of Santa Monica.
Field Construction Worker. An Employee who reports directly to work at a construction
site outside the City of Santa Monica for the entire day, an average of at least 6 months
out of the year.
Field Personnel. An Employee who spends 20% or less of their work time, per week, at
the Worksite and who does not report to the Worksite during Peak Windows for pick up
and dispatch of an Employer provided vehicle.
Holiday. Those days designated as national or State holidays, in which the Worksite is
closed in observance of the holiday. An AVR survey shall not be undertaken in any week
where the following holidays occur:
New Year’s Day January 1
Martin Luther King Jr. Birthday January (Third Monday)
Presidents’ Day February (Third Monday)
Cesar Chavez Day March 31
Bike to Work Day May (Third Thursday or Friday)
Memorial Day May (Last Monday)
Juneteenth June 19
Independence Day July 4
Labor Day September (First Monday)
Indigenous Peoples’ Day October (Second Monday)
California Rideshare Week October (First Week)
Veteran’s Day November 11
Thanksgiving Day November (Fourth Thursday plus the
Friday after)
Christmas Eve December 24
Christmas Day December 25
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The days these holidays are observed may vary from year to year; therefore, it shall be
the responsibility of the Employer to obtain these specific holiday dates to ensure
exclusion of these weeks from their AVR survey week. Additionally, the Employer may
not survey on any week in which a religious or other holiday not listed above is observed
by the Employer, resulting in closing the place of employment for one day or more in
observance of said holiday.
Independent Contractor. A person who enters into a direct written contract or
agreement with an Employer to perform certain services and is not on the Employer’s
payroll. An Independent Contractor providing services to an Employer for a consecutive
period of more than 6 months shall count as an Employee of the Employer and shall be
counted in the AVR. The Independent Contractor shall also be considered an Employee
when figuring the Employer annual transportation fee.
Low-Income Employee. An individual whose salary is equal to or less than the current
individual income level set in California Code of Regulations, Title 25, Section 6932, as
lower income for Los Angeles County. Higher income employees may be considered to
be “low-income” if the employee demonstrates that the plan disincentive would create a
substantial economic burden.
Mobile Source Mission Reduction Credits (MSERCs). Emission credits issued
pursuant to Regulation XVI – Mobile Source Offset Programs.
Motor Vehicle. A self-propelled vehicle, consistent with California Vehicle Code 415.
Monitoring. The techniques used to assess progress towards complying with the
transportation management plan.
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Multi-Site Employer. Any Employer which has more than one Worksite within the City of
Santa Monica, or more than one Worksite in the South Coast Air Basin with one or more
of those sites located in the City of Santa Monica.
Non-Commuting AVR Credit. This credit applies to Employees who are at the Worksite
during the window for calculating AVR and remain at the Worksite or out of the SCAQMD
jurisdiction for a full 24-hour period or more to complete work assignments.
Nitrogen Oxides (NOx). Nitric oxides and nitrogen dioxides, collectively expressed as
nitrogen dioxide.
On-Site Coordinator. An Employee who serves as on-site coordinator at a Worksite
served by a consultant ETC or for an Employer with more than one Worksite located in
the City of Santa Monica and has knowledge of the Employer’s ERP and marketing. On-
site coordinators for Employers with more than 250 Employees must attend a one-time
SCAQMD certified training course. The on-site coordinator is limited to program
implementation rather than program development.
Parking Cash Out. Health and Safety Section 43845 that requires Employers with 50 or
more Employees who lease their parking and subsidize all or part of that parking to
implement a Parking Cash Out program. Employers who fall under the purview of Parking
Cash Out must offer their Employees the option to give up their parking spaces and
receive a cash subsidy in an amount equal to the cost of the parking space. Employers
who are subject to Parking Cash Out requirements must implement a Parking Cash Out
plan. Employers who do not implement a Parking Cash Out plan will have their emission
reduction plans disapproved.
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Part-Time Employee. Any Employee who reports to a Worksite on a part-time basis
fewer than 32 hours per week but more than 4 hours per week. These Employees shall
be included in the AVR calculations of the Employer provided the Employees report to or
leave the Worksite during the AVR window.
Peak Window. In the morning, the Peak Window includes the hours from 6:00 a.m. to
10:00 a.m. In the evening, the Peak Window includes the hours from 3:00 p.m. to 7:00
p.m.
Peak Window Trip. An Employee’s commute trip that begins or ends at the Worksite or
a work-related trip within the Peak Window.
Project Commute Survey. A survey of all tenant Employees of a project site to
determine property-wide AVR as part of the annual monitoring report on a Developer TDM
Plan.
Project Transportation Coordinator (PTC). The designated person, with appropriate
training as required by the City, who is responsible for the development, administration,
implementation, and monitoring of the Developer TDM Plan. The PTC must be at the
project site during normal business hours when the majority of Employees are at the
project unless alternative arrangements have been made pursuant to Section 9.53.150.
PTCs shall participate in City-sponsored workshops and roundtables.
Property Owner. Any person, co-partnership, association, corporation or fiduciary having
legal or equitable title or any interest in any real property.
Remote Employee. Any Employee who is employed by an Employer at a regulated
Worksite, however, primarily lives and works at locations outside of the South Coast
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AQMD, and physically commutes to the Worksite fewer than five days per either the ERP
or Developer TDM plan year.
Residential TDM. Means any strategies that are designed to reduce Single Occupancy
Vehicle trips to and from residential properties.
Rideshare Mode of transportation other than a single occupancy vehicle that reduces
emissions associated with travel.
Seasonal Employee. Any person who is employed for less than a continuous 90-day
period.
Single Occupancy Vehicle. A privately operated motor vehicle whose only occupant is
the driver, including for hire vehicles with one passenger.
South Coast Air Quality Management District (SCAQMD). The air quality control
agency that monitors and enforces air quality regulations in Orange County and non-
desert portions of Los Angeles, Riverside and San Bernardino Counties.
Student Worker. A student who is enrolled and gainfully employed (on the payroll) by an
educational institution. Student workers who work more than 4 hours per week are
counted for ordinance applicability and if they report to or leave work during the AVR
Window(s) are counted for AVR calculation. Student workers are Employees within the
meaning of this Chapter.
Telecommuting. Occurs when an Employee works from home, off site, a satellite office,
or a telecommuting center which eliminates a commute trip to the Worksite or reduces
the commute travel distance by more than 50%.
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Temporary Employee. Any person employed by an employment service or a “leased”
Employee that reports to a Worksite other than the employment service’s Worksite, under
a contractual arrangement with a temporary Employer. Temporary Employees are
counted as Employees of the employment service for purposes of calculating AVR.
Temporary Employees reporting to the Worksite of a temporary Employer for a
consecutive period of more than 6 months shall count as an Employee of the temporary
Employer and shall be counted in the AVR. The Temporary Employee shall also be
considered an Employee when figuring the Employer annual transportation fee.
Transit. A shared passenger transportation service which is available for use by the
general public, as distinct from modes such as taxicabs, carpools, or vanpools which are
not shared by strangers without a private arrangement. Transit includes buses, ferries,
trams, trains, rail, or other conveyance which provides to the general public a service on
a regular and continuing basis. Also known as public transportation, public transit, or
mass transit.
Transportation Allowance. A financial incentive offered to Employees or residents
instead of a parking subsidy to provide Employees flexibility in mode choice. Employees
and residents are typically required to execute an agreement that they do not commute
in a single-occupant vehicle, or for residents, own a vehicle, in order to be eligible to
receive the benefit.
Transportation Demand Management (TDM). The implementation of strategies that will
encourage individuals to either change their mode of travel to other than a single
occupancy vehicle, reduce trip length, eliminate the trip altogether, or commute at other
than Peak Windows.
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Transportation Facility Development (TFD). Construction of capital improvements to a
transportation or transit system and/or installation of related operating equipment.
Transportation Management Organization (TMO). Transportation Management
Organizations (TMOs) are City-certified organizations that provide transportation services
in a particular area or Citywide. They are generally public-private partnerships, consisting
primarily of area businesses with local government support. TMOs provide an institutional
framework for TDM programs and services.
Transportation System Management (TSM). Strategies designed to improve traffic flow
through modifications in, or coordination of, the operation of existing facilities.
Trip Reduction. The reduction in single occupant vehicle trips by private or public sector
programs used during Peak Windows of commuting.
Vehicle Miles Traveled (VMT). The number of miles traveled one-way by a motor
vehicle for a Worksite commute trip.
Volatile Organic Compound (VOC). Means any volatile compound of carbon, excluding
methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or
carbonates, ammonium carbonate, and exempt compounds as defined by SCAQMD Rule
102.
Volunteer. Any person at a Worksite who, of their own free will, provides goods or
services, without any financial gain.
Workplace or Worksite. A building, part of a building, or grouping of buildings located
within the City which are in actual physical contact or separated solely by a private or
public roadway and are owned or operated by the same Employer.
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Zero Emission Vehicle (ZEV). A motor vehicle, as certified by the California Air
Resources Board (CARB), which emits no tailpipe pollutants. Employees arriving to work
in a Plug-In Hybrid Electric Vehicle (PHEV) meet the definition of a zero-emission vehicle
provided that the entire trip to work is made exclusively under electric power. This applies
to plug-in vehicles with all electric range that can travel exclusively under electric power
without use of the gasoline engine or cogeneration system. (Added by Ord. No. 2486CCS
§§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 47, adopted June 14,
2016; Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.030 Applicability
This Chapter shall apply to Employers and Developers as defined above. The City shall
not be exempt from the requirements of this Chapter. In accordance with the
Memorandum of Understanding between the City and the SCAQMD, County, State and
Federal agencies located in Santa Monica shall comply with South Coast AQMD’s Rule
2202 and will be exempt from this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted
June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.040 AVR Targets
Employers shall strive to achieve, and Developers shall achieve the applicable AVR
Targets in this Chapter. This Section shall not apply to residential units but shall apply to
nonresidential components of mixed-use projects. For nonresidential uses in residential
designations not represented in this Chapter, all Employers shall achieve the lowest AVR
Targets established by this Chapter unless located in a land use designation with a higher
AVR Target.
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LAND USE DESIGNATION
EMPLOYER AND
DEVELOPER AVR
TARGET
Bergamot Transit Village; Mixed Use Creative; Conservation: Art
Center; Conservation: Creative Sector
2.0
Downtown Core 2.2
General Commercial: Pico Boulevard from Lincoln Boulevard to
11th Street, Lincoln Boulevard from Santa Monica Freeway to
Bay Street
1.75
General Commercial: Santa Monica Boulevard from Lincoln
Court to 20th Street
2.0
Healthcare Mixed Use 2.0
Industrial Conservation: Euclid Court to Stewart Street 2.0
Institutional/Public Lands: bounded by Santa Monica Freeway,
Lincoln Boulevard, Pico Boulevard and Ocean Avenue
2.2
Mixed Use Boulevard: 4th Street from Olympic Drive to Pico
Boulevard and area bounded by Cloverfield Boulevard, Olympic
Boulevard, 20th Street and Colorado Avenue
2.0
Mixed Use Boulevard: Wilshire Boulevard from 2nd Court to 7th
Street, and Lincoln Boulevard from Wilshire Boulevard to
Olympic Boulevard
2.2
Mixed Use Boulevard: northside of Wilshire Boulevard from
Lincoln Boulevard to eastern City Limits, and southside of
Wilshire Boulevard from Lincoln Court to eastern City Limits
1.75
Mixed Use Boulevard Low: Pico Boulevard from Main Court to
Centinela Avenue, Lincoln Boulevard from Santa Monica
Freeway to Bay Street, Main Street from Pico Boulevard to
southern City Limits
1.75
Mixed Use Boulevard Low: Santa Monica Boulevard from 23rd
Street to Centinela Avenue, Broadway from Lincoln Court to 26th
Street, Colorado Avenue from Lincoln Court to Cloverfield
Boulevard, Olympic Boulevard from Euclid Court to 17th Street
2.0
Neighborhood Commercial: Olympic Boulevard from 14th Street
to 16th Street
2.0
Neighborhood Commercial: Pico Boulevard from Main Court to
Centinela Avenue
1.75
Office Campus: east of Cloverfield Boulevard, north of Olympic
Boulevard
2.0
Office Campus: south of Ocean Park Boulevard 1.75
Ocean Front District, north of Santa Monica Pier 1.75
Ocean Front District, Santa Monica Pier and south 2.0
Institutional/Public Lands: other than specified above 1.6
All remaining districts 1.6
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No.
2646CCS § 4, adopted September 8, 2020)
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9.53.50 Employer Transportation Fee.
A. Employer Annual Transportation Fee. There shall be an Employer annual
transportation fee. All Employer annual transportation fees collected pursuant to
this Chapter shall be deposited in an account separate from the General Fund.
The purpose of the Employer annual transportation fee is to pay for the costs of
administration, including TDM outreach and support and City TMO formation
activities, implementation, investigation, inspection, audit, and enforcement of this
Chapter.
1. Employers filing Emission Reduction Plans (ERPs) shall pay an annual
transportation fee calculated using the following formula: Fee = (number of
Employees) x (Employee Cost Factor). The Employee Cost Factor shall be
established by resolution of the City Council and amended each July
according to the Consumer Price Index or COLA, whichever is higher or by
the resolution of the City Council.
2. For purposes of calculating an Employer’s annual transportation fee, the
definition of Employee shall include full-time and part-time Employees. For
purposes of calculating an Employer’s annual transportation fee, the
definition of an Employee working at a Worksite for an average of 6 months
or more shall be used.
3. Employers shall be notified of the Employer annual transportation fee when
they receive written notice to submit an ERP in accordance with this
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Chapter. Employer annual transportation fees shall be due and paid in full
with the submittal of the ERP.
4. Once the employer annual transportation fee required pursuant to this
Chapter has been paid, there shall be no refunds.
5. Employers of 30 or more Employees, who implement an Employee Trip
Reduction Plan and demonstrate attainment of the applicable AVR Target
shall receive the following reductions in their Employer annual
transportation fees:
a. Attainment of the applicable AVR Target for one year shall result in
a 40% reduction of Employer annual transportation fees.
b. Attainment of the applicable AVR Target for 2 consecutive years
shall result in a 50% reduction of Employer annual transportation
fees.
c. Attainment of the applicable AVR Target for a period of 3 or more
consecutive years shall result in a 60% reduction of Employer annual
transportation fees.
6. Employers of 30 or more employees who join a TMO certified by the City,
through the procedures specified in this Chapter, shall receive a 25%
reduction in the annual Employer transportation fee. This reduction shall be
in addition to any fee reduction the Employer is awarded for attainment of
the applicable AVR Target. Fees charged by the TMO to Employers for its
operation and administrative costs shall be separate from the City’s
Employer transportation fee. (Added by Ord. No. 2486CCS §§ 1, 2,
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adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted
September 8, 2020)
9.53.60 Contents of Emission Reduction Plans
A. Employers of 30 or more employees are required to submit to the City, within 90
calendar days of written notification, an Emission Reduction Plan (ERP) designed
to reduce emissions related to Employee commute trips and to meet specific
emissions reduction targets specified for the subsequent year. For employers
opting to implement their Emission Reduction Plan via the purchase of mobile
source emissions credits (MSERCs), the annual Emission Reduction Target (ERT)
shall be the equivalent of the highest AVR Target in the City and shall be
determined according to the SCAQMD’s equation for VOC, NOx, and CO, based
on Employee emission reduction factors specified in Chapter V of the SCAQMD
Rule 2202 Implementation Guidelines. Any Employer subject to Health and Safety
Section 43845 shall implement a Parking Cash Out program. Failure to do so will
result in the disapproval of an Employer’s ERP.
[Emission Reduction Target] = [Employees x Employee Emission Reduction
Factor]
For purposes of this calculation:
Employee = Average daily number of employees reporting to work in the
AVR window for a typical 5-day work period which does not include those
days defined as holidays.
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Employee emission reduction factor = Determined by the year of the plan
submittal as defined in Chapter V of the SCQAMD Rule 2202 Implementation
Guidelines.
1. Each Employer shall choose one or more of the following options in
implementing their Emissions Reduction Plan:
a. Purchase of Mobile Source Emission Reduction Credits (MSERCs).
b. Implementation of an Employee Trip Reduction Plan.
B. Options for Implementing Emissions Reduction Plan.
1. Mobile Source Emission Reduction Credits (MSERCs). In order to meet
their Emission Reduction Target, any Employer required to submit an ERP may
purchase MSERCs from a vendor based on emission reduction factors as
determined by Section 9.53.060(H). A list of credit vendors can be found on the
SCAQMD’s website.
a. An annual plan indicating the amount of credits purchased and the
amount of emissions reduced must be submitted to the City each
year.
b. MSERCs must be transferred to the City MSERC account no later
than 180 calendar days after the approval of the ERP by the City.
c. Includes a Parking Cash Out plan if required by Health and Safety
Code Section 43845;
2. Employee Trip Reduction Plan. Employers who choose this option shall
prepare, implement, and monitor Employee Trip Reduction Plan (ETRP) for
transportation demand management, transportation system management and
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transportation facility development which will be reasonably likely to result in
the attainment of the applicable AVR Target in this Chapter. The ETRP shall
be submitted in a form approved by the City and shall be reviewed and
approved by the Director of Transportation before it is effective.
a. The ETRP shall include strategies designed to decrease single-
occupant vehicle use rideshare during the morning and evening AVR
windows and shall be made available to all employees upon hire and
every year thereafter along with the Employer’s most recent ETRP
annual report.
b. The ETRP shall consist of a report that:
i. Calculates and documents AVR levels for morning and
evening Peak Windows;
ii. Lists plan incentives and a schedule for their implementation,
including a mandatory guaranteed ride home program which
provides an Employee who rideshares a ride home in the
event of an emergency or unplanned overtime with no cost to
the Employee;
iii. Determines a marketing strategy for the plan year, including
mandatory new hire orientation which informs Employees of
the Employer’s ERP strategies at the time of hire, or new
Employee orientation;
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iv. Determines the use of Worksite parking facilities to achieve
ETRP objectives (i.e., number of reserved spaces for
carpools, vanpool, etc.);
v. Lists the bicycle paths, routes, and facilities within one-half
mile of the Worksite;
vi. Lists the public transit services within one-half mile of the
Worksite;
vii. Provides a general description of the business type/
classification;
viii. Includes a sample of the Employee AVR survey, or other
mechanism approved by the City. This survey must not be
more than 6 months old. For Employers with 250 or more
employees, the survey must conform with SCAQMD
requirements. The survey must be taken over 5 consecutive
days during which the majority of employees are scheduled to
arrive at or leave the Worksite. The survey week cannot
contain a holiday and cannot occur during “Rideshare Week”
or other “event” weeks (i.e., Bicycle Week, Walk to Work
Week, Transit Week, Bike it, Walk it Week, etc.). This survey
must have a minimum response rate of 60% of employees
who report to or leave work between 6:00 a.m. and 10:00
a.m., inclusive, and 60% response rate for employees who
report to or leave work between 3:00 p.m. and 7:00 p.m.,
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inclusive. Employers that achieve a 90% or better survey
response rate for the a.m. or p.m. window may count the “no
survey responses” as “other” when calculating their AVR.
Employers that receive a survey response rate between 60%
and 89% shall calculate the “no survey response” as “drive
alone” when calculating their AVR;
ix. Provides the contact information including name, e-mail
address and proof of certification of the Employee
Transportation Coordinator who is responsible for
implementation and monitoring of the plan;
x. Provides the contact information including name and e-mail
address of the on-site coordinator (if different from the ETC)
for each site who is responsible for implementation and
monitoring of the plan;
xi. Identifies the objectives of the plan and provides an
explanation of why the plan is likely to achieve the applicable
AVR target;
xii. Includes a Parking Cash Out plan if required by Health and
Safety Code Section 43845;
xiii. Includes a management commitment cover letter signed by
the highest-ranking official on site, or the executive
responsible for allocating the resources necessary to
implement the plan. This letter shall include a commitment to
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fully implement the program and state that all data is accurate
to the best of the Employer’s knowledge.
c. The ETRP shall be updated every 12 months with an annual report
submitted on the anniversary date of the initial plan approval date.
The annual ETRP shall include the following:
i. AVR calculations and documentation for the plan year;
ii. Lists plan strategies, changes to plan strategies, and a
schedule for their implementation, including a mandatory
guaranteed ride home program which provides an Employee
who rideshares a ride home in the event of an emergency or
unplanned overtime with no cost to the Employee;
iii. Determines a marketing strategy, indicating changes from the
previous plan year, and includes mandatory new hire
orientation which informs employees of the Employer’s
Emission Reduction Plan strategies at the time of hire, or new
Employee orientation;
iv. Determines the use of Worksite parking facilities to achieve
rideshare and transit objectives (i.e., number of reserved
spaces for carpools and vanpool, etc.);
v. Lists the bicycle paths, routes, and facilities within one-half
mile of the Worksite;
vi. Lists public transit services within one-half mile of the
Worksite;
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vii. Provides a general description of the type of business;
viii. Includes a sample of the Employee survey for the plan year
as described in subdivision (2)(b)(viii) of this subsection B;
ix. Provides the contact information including name, e-mail
address and proof of certification of the Employee
Transportation Coordinator who is responsible for the
preparation, implementation, and monitoring of the plan;
x. Provides the contact information including name and e-mail
address of the on-site coordinator (if different from the ETC)
for each site who is responsible for the implementation and
monitoring of the plan;
xi. Identifies the objectives of the plan and provides an
explanation of why the plan is likely to achieve the applicable
AVR target;
xii. Includes a Parking Cash Out plan if required by Health and
Safety Code Section 43485;
xiii. Includes a management commitment letter as defined in
subdivision (2)(b)(xiii) of this subsection B; and
xiv. Includes updates and revisions to the ETRP as the Director of
Transportation deems appropriate, if the annual report
indicates that the goals of the previously approved ETRP
have not been met.
d. The procedure for calculating AVR at a Worksite shall be as follows:
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i. The AVR calculation shall be based on data obtained from an
Employee survey as defined in subdivision (2)(b)(viii) of this
subsection B.
ii. AVR shall be calculated by dividing the number of employees
who report to or leave the Worksite by the number of vehicles
arriving at or leaving the Worksite during the Peak Windows.
If an Employee uses more than one commute mode per trip,
the mode that is used for the majority of the trip shall be the
mode that is used in calculating the number of vehicles. All
employees who report to or leave the Worksite that are not
accounted for by the Employee survey shall be calculated as
one Employee per vehicle arriving at or leaving the Worksite
during the Peak Windows. Employees walking, bicycling,
telecommuting, using public transit, arriving at the Worksite in
a zero-emission vehicle, or on their day off under a recognized
compressed work week schedule shall be counted as arriving
at or leaving the Worksite without vehicles. Motorcycles shall
be counted as vehicles. AVR survey reporting errors resulting
from missing or incorrect information must be calculated as
one Employee per vehicle arriving at the Worksite. Reporting
errors that do not include the time when an Employee arrives
at or leaves the Worksite must be assumed to occur in the
Peak Window.
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iii. A child or student may be calculated for the AVR as an
additional passenger in the carpool/vanpool if the child or
student travels in the car/van to a Worksite or school/childcare
facility for the majority (at least 51%) of the total commute.
iv. If 2 or more Employees from different Employers commute in
the same vehicle, each Employer must account for a
proportional share of the vehicle consistent with the number
of Employees that Employer has in the vehicle.
v. Any Employee dropped off at a Worksite shall count as
arriving in a carpool only if the driver of the carpool is
continuing on to the driver’s Worksite.
vi. Any Employee telecommuting at home, off site, or at a
telecommuting center for a full work day, eliminating the trip
to work or reducing the total distance by at least 51% shall be
calculated as if the Employee arrived at the Worksite in no
vehicle.
vii. Zero Emission Vehicles (electric vehicles) shall be counted as
zero vehicles arriving at the Worksite.
e. Employers must keep detailed records of the documents which verify
the average vehicle ridership calculation for a period of 3 years from
plan approval date. Records which verify strategies in the ETRP
have been marketed and implemented shall be kept for a period of
at least 3 years from plan approval date. Approved ERPs must be
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kept at the Worksite for a period of at least 5 years from plan approval
date. For Employers who implement their plans using a centralized
rideshare service center, records and documents may be kept at a
centralized location. Failure to maintain records or falsification of
records will be deemed a violation of this Chapter.
f. AVR Performance Requirement for Employers Submitting an
ETRP. Employers who submit an ETRP to the City that does not
meet the applicable AVR Target for the a.m. and p.m. Peak Window
must implement a Good Faith Effort Plan in accordance with the
following requirements:
i. Employers shall maintain all currently approved good faith
plan strategies during the plan compliance year until a new
ETRP is approved.
ii. Deletion or substitution of any plan strategies is not allowed
unless approved by the Director of Transportation in writing.
iii. Unless otherwise stated, strategies must be implemented in
such a way that they are reasonably likely to improve AVR.
Employers must continue to demonstrate a good faith effort
towards achieving the applicable AVR target for the Peak
Window. If a Worksite AVR decreases or does not improve
from the previously submitted plan, the selection of strategies
must be modified, and the number of strategies increased.
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g. Good Faith Effort Determination Elements. Employers submitting
an ETRP who do not attain their applicable AVR Targets in the a.m.
and p.m. Peak Windows shall comply with the following
requirements:
i. Employers must implement at least 5 of the following marketing
strategies:
1. Attendance at a City-approved marketing class, at least
annually.
2. Direct communication by the highest -ranking official at the
site, at least annually.
3. Employer newsletter (hard copy or electronic) with
rideshare content distributed at least quarterly.
4. Flyers, announcements, memos or e-mails sent to
employees at least quarterly.
5. Company recognition of ridesharing at least annually.
6. Employer rideshare events, at least annually.
7. Rideshare bulletin board, kiosk, electronic exchange
center, or information center, updated at least quarterly.
8. New hire orientation (mandatory).
9. Rideshare meetings or focus groups, at least semi-
annually.
10. Rideshare website, updated at least quarterly.
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11. Other marketing strategies that have been approved by
the Director of Transportation and the SCAQMD as
appropriate.
ii. Employers must implement at least 5 of the following basic
support strategies:
1. Commuter Choice Program.
2. Flex time schedule.
3. Guaranteed Ride Home Program (mandatory).
4. Personalized commute assistance.
5. Transit Information Center, updated at least quarterly.
6. Free introductory transit pass.
7. Preferential parking for carpools and vanpools.
8. Ride matching, at least annually.
9. Other basic support strategies that have been approved
by the Director of Transportation and the SCAQMD as
appropriate.
iii. Employers must implement at least 5 of the following direct
strategies:
1. Auto services (minimum dollar amount per Employee per
year will be indicated in ETRP forms).
2. Bicycle program.
3. Vanpool program.
4. Compressed work week schedule.
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5. Employee clean vehicle purchase program.
6. Off-peak rideshare program.
7. Telecommuting.
8. Discounted or free meals (minimum dollar amount per
Employee per year will be indicated in ETRP forms).
9. Direct financial incentives.
10. Gift certificates (minimum dollar amount per Employee per
year will be indicated in ETRP forms).
11. Parking charge or transportation allowance.
12. Parking Cash Out program.
13. Off-peak trip reduction program.
14. Points program.
15. Prize drawings, at least quarterly.
16. Start-up incentive.
17. Time off with pay.
18. Transit subsidy.
19. Other direct strategy programs that have been approved
by the Director of Transportation and the SCAQMD.
C. MSERCs Minimum Requirements. Employers implementing Mobile Source
Emission Reduction Credits as defined in this Chapter must meet the minimum
plan requirements:
1. AVR Survey. Conduct an AVR survey in accordance with the
requirements of this Chapter.
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2. Employers must survey employees in both the a.m. and p.m. Peak
Windows.
3. Employers who do not meet their Peak Window targets for the a.m.
and/or p.m. window must purchase the appropriate amount of MSERCs
to bridge the gap in the applicable AVR Target shortfall.
2. Outreach/Education Plan. Employers shall include a plan to educate
Employers about commute options by making information available to
employees.
a. Information shall be updated annually and include, at a minimum:
i. A rideshare bulletin board, kiosk or a rideshare page on a
company website, updated quarterly;
ii. Rideshare options and information presented to employees as a
part of new hire orientation;
iii. A Customer Incentive Plan that provides clients and visitors with
information about how to access the site using green commute
modes such as transit, walking, and biking. This information shall
be placed in the lobby, reception area, cash register area and on
the Employer’s website and shall include, but not be limited to:
bus and transit routes within one-half mile of the site, bicycle
parking and bicycle facilities within one-half mile of the site,
optional incentives to encourage customers to use green
commute modes (discounts, drawings, etc.).
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3. Employers who fall under the requirements of Parking Cash Out shall include
a Parking Cash Out plan. If a Parking Cash Out plan is not included, the ERP
shall be disapproved.
D. Extensions. In the event that an Employer reasonably needs more time to submit
an emission reduction plan, a written request for extension may be filed with the
Director of Transportation. All requests must be received by the City no later than
15 business days prior to the plan due date. Such requests must be made in writing
and shall state why such extension is requested, what progress has been made
toward developing the ERP, and for what length of time the extension is sought.
The Director of Transportation shall notify the Employer in writing whether or not
the extension has been granted within 15 business days of receipt of a written
request for extension.
1. An Employer may request an extension of up to 60 calendar days for the
initial submittal of a plan.
2. An Employer may request an extension of up to 30 calendar days to
complete a revised plan.
3. The Director of Transportation may grant extensions beyond 60 calendar
days for good cause. Each Employer’s request shall be reviewed on an
individual basis.
E. Plan Revisions. An approved ERP may be revised between plan submittal dates
by submitting a plan revision in writing to the City. Any changes to an approved
plan which is in effect must be submitted in writing to the Director of
Transportation.
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1. If the Director of Transportation determines that any ERP strategy is not
being carried out to the fullest extent, the City may require the Employer to
submit quarterly reports that include examples of the strategies
implemented for each quarter.
2. If the Director of Transportation determines that the ERP strategy is not
effective, the City may require the Employer to submit quarterly progress
reports that demonstrate the effectiveness of such strategies.
3. If it is necessary for an Employer to amend an ERP before the plan can be
approved, the Employer shall have 15 business days from the date of
written notice in which to submit amendments to the Director of
Transportation. Employers failing to submit the amendments shall have
their ERP disapproved.
4. An ERP will be disapproved if the program demonstrates a disproportionate
impact on minorities, women, low-income or disabled Employees.
5. If a final determination that an element of an approved ERP violates any
provision of the law issued by any agency or court with jurisdiction to make
such determinations, then the Employer shall, within 45 calendar days,
submit a proposed plan revision to the Director of Transportation which shall
be designed to achieve an AVR equivalent to the previously approved plan.
F. Employee Transportation Coordinators. Employers of 30 or more Employees,
shall designate a certified Employee Transportation Coordinator (ETC) or an ETC
and an on-site coordinator for each Worksite included in the emission reduction
plan.
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1. An Employer may elect to use a consultant ETC or TMO certified in
accordance with this Chapter in lieu of an ETC; provided the consultant ETC
or the TMO staff have received certified training and the site maintains an
on-site coordinator.
2. If the absence of a certified ETC, consultant ETC, or on-site coordinator
exceeds 8 consecutive weeks, a substitute ETC or on-site coordinator at
the same level must be designated and trained. Written notice of such a
change must be submitted to the Director of Transportation with proof of
training no later than 12 weeks after the beginning of the absence.
G. Emission Reduction Factors. The Employee emission reduction factors (pounds
per Employee per year) used in calculations pursuant to this ordinance and
SCAQMD Rule 2202 are specified in Rule 2202-On-Road Motor Vehicle Mitigation
Options Implementation Guidelines and shall be used in calculations pursuant to
this rule. The Employee emission factors shall be revised upon EPA’s final
approval for use of the California Air Resources Board (CARB) approved on-road
mobile source emission factor (EMFAC) model. (Added by Ord. No. 2486CCS §§
1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted
September 8, 2020)
9.53.80 Procedures for Submission of Emission Reduction Plans
A. Any Employer who establishes a new Worksite in the City of Santa Monica, or
whose Employee population increases to more than 30, will be required to submit
an ERP to the City of Santa Monica. Employers are required to provide notice to
the Director of Transportation within 30 calendar days of establishing a new
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Worksite, or increasing Employee population. The notice shall be written, and
include the Employer’s name, the business and mailing address, the number of
Employees reporting to the Worksite and the name of the highest-ranking official
at the Worksite. Upon receipt of the notice, the City shall provide written notification
to the Employer and 90 calendar days thereafter the Employer shall submit a plan
and shall be subject to all provisions of this Chapter.
B. Any Employer who has submitted a plan pursuant to this Chapter and whose
Employee population falls to fewer than 30 Employees for a 6-month period,
calculated as a monthly average, may submit a written request to the Director of
Transportation to be exempt from this Chapter. The Employer must submit
documentation which demonstrates an Employee population of less than 30
Employees. Such demonstration could be made by payroll records or other
appropriate documentation.
C. Employers with 30 or More Employees.
1. All Employers with 30 or more Employees, located within the City of Santa
Monica and subject to this Chapter, shall submit to the City, within 90
calendar days of receipt of written notice to implement an ERP designed to
reduce emissions related to Employee commutes and to meet a Worksite
specific Emission Reduction Target (ERT) specifying pounds of emissions
per Employee for the subsequent year.
2. Employers required to submit an ERP shall identify measures in their ERP
that will result in attainment of their emission reduction targets through the
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Emission Reduction Plan specified in this Chapter within 90 calendar days
of written notification by the City.
D. [Intentionally Left Blank]
E. Multi-Site Employers of 250 or More Employees.
1. Multi-site Employers of 250 or more employees, with one or more sites
located outside the City of Santa Monica, but within the South Coast Air
Basin and subject to SCAQMD Rule 2202, have the option of filing a Rule
2202 plan with the SCAQMD, or filing an ERP with the City of Santa Monica.
Employers choosing to file a Rule 2202 plan with the SCAQMD will be
required to notify the Director of Transportation in writing no later than 15
business days prior to the plan due date.
2. Multi-site Employers of 250 or more Employees, with Worksites owned or
leased by the same Employer and located wholly within the City of Santa
Monica, upon the Director of Transportation’s approval of a written request,
may submit a single ERP encompassing all Worksites.
F. All Employer ERPs shall be consistent with any plans previously submitted by the
Developer of the property at which the Worksite is located, provided however, that
where requirements of this Chapter are more stringent, the requirements of this
Chapter shall apply.
G. If an Employer’s ERP due date falls on a day City Hall is normally closed (i.e.,
weekend, holiday, 9/80 Friday off), the Employer may submit the ERP on the first
business day after the plan due date.
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H. If an ERP is mailed to the City, the plan must be submitted on or before the plan
due date. If the plan is submitted after the plan due date, the plan shall be
considered late and the Employer shall be charged a penalty of 25% of the total
Employer Annual Transportation Fees and forfeit any discount given for attainment
of the applicable AVR target in the a.m. and p.m. windows.
I. After an Employer submits a plan, the Director of Transportation must either approve
or disapprove the plan within 90 calendar days.
1. Written notice of approval or disapproval shall be given. If the plan is
disapproved, the reasons for disapproval shall be given in writing to the
Employer.
2. Once the plan is approved, the Employer will have 60 calendar days from
the date of approval to implement all aspects of the plan.
3. Any plan disapproved by the Director of Transportation must be revised by
the Employer and resubmitted to the Director of Transportation within 30
calendar days of written notice of disapproval or the Employer shall be
deemed in violation of this Chapter. The City has 90 calendar days to review
the resubmitted plan.
4. Upon receipt of the second disapproval written notice, and until such time
as a revised plan is submitted to the Director of Transportation, the
Employer is in violation of this Chapter.
J. An approved ERP may be revised between plan submittal dates by submitting a
plan revision in writing to the Director of Transportation. The revision shall not be
effective until approved by the Director of Transportation.
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K. Employers who relocate to another worksite within the City of Santa Monica shall
notify the City in writing of relocation within 30 calendar days. The City shall notify
the Employers in writing to submit an updated version of the Employee profile and
worksite analysis of the ERP.
L. No Employer of 250 or more Employee s shall be responsible for complying with
this Chapter if the City and the SCAQMD have an agreement which provides an
exception to those Employers from the requirements of filing a Rule 2202 plan with
the SCAQMD. If at any time the City fails to meet its obligation under the executed
agreement, Employers of 250 or more employees in the City shall be released from
this Chapter and shall be subject to compliance with the SCAQMD Rule 2202
requirements. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015;
amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.90 Employer Monitoring and Enforcement
A. Audits.
1. City Audits. The City shall perform audits on a selective basis. Employers shall
receive at least 5 days’ written notice of such an audit. An audit may include,
but shall not be limited to, an on-site inspection and demonstration that an
Employer is performing the on-going monitoring required by this Chapter.
2. Compliance Inspection. Any Employer subject to this Chapter is subject to a
compliance inspection. This inspection will require access to records that
demonstrate implementation and monitoring of the Employer’s Emission
Reduction Plan.
B. Violations of this Chapter.
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1. No business license shall be renewed if an Employer has not paid the fees
required by this Chapter.
2. Failure to submit an initial plan when due, annual report and plan update
when due, or mandatory plan revisions when due, or failure to implement
provisions of an approved plan as set forth in the plan implementation
schedule, failure to keep records, falsification of records, failure to have a
certified ETC or designated on-site coordinator on site if required, or failure
to submit proper fees in accordance with this Chapter is a violation of this
Chapter. Additionally, upon receipt of a second disapproval notice and until
such time as a revised plan is approved by the City, the Employer shall be
deemed in violation of this Chapter.
3. If an Employer chooses the Employee Trip Reduction option and complies
with all provisions of the approved plan but fails to meet the applicable AVR
targets, that is not a violation of this Chapter, however, the City shall require
the Employer to provide additional incentives and marketing strategies in
the ETRP with the goal of increasing the Employer’s AVR. Failure to obtain
an approved updated plan shall be a violation of this Chapter.
4. If an Employer chooses any emission reduction option (excluding the
Employee Trip Reduction option), the Employer must meet the required
emission reduction targets for that plan year. Failure to do so will be
considered a violation of this Chapter.
5. Each day an Employer violates the provisions of this Chapter or the terms
and conditions of any approved ERP shall constitute a separate violation.
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C. Enforcement Actions. In addition to any other remedy provided for by law, the
City may take the following actions for violations of this Chapter or the terms and
conditions of any approved ERP.
1. Require the addition of elements to an ERP submitted by an Employer.
2. Revoke any approval of an ERP.
3. Revoke the business license held by any violator.
4. Impose administrative remedies as provided for in Chapter 1.09 or 1.10.
5. Any person violating any provision of this Article of the Municipal Code shall
be guilty of an infraction, which shall be punishable by a fine not exceeding
$250.00, or a misdemeanor, which shall be punishable by a fine not
exceeding $1,000.00 per violation, or by imprisonment in the County Jail for
a period not exceeding 6 months, or by both such fine and imprisonment.
6. Any person convicted of violating any provision of this Chapter shall be
ordered to reimburse the City its full investigative costs.
7. Notwithstanding any other provisions of this Chapter regarding penalties for
enforcement actions or for violations, for violators with 250 or more
Employees, the City, in addition to any other remedies under this Chapter,
shall refer the matter to the SCAQMD for appropriate action in accordance
with the Memorandum of Understanding executed between the City and the
SCAQMD. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015;
amended by Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.100 Administrative Appeals
A. Disapproval of an ERP by the Director’s designee, including a revision of such a
plan, may be appealed to the City.
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B. An appeal of an action by the Director’s designee shall be filed with the City within
10 calendar days following the date of the action from which an appeal is taken. If
no appeal is timely filed, the action taken by the Director’s designee shall be final.
C. A hearing on an appeal shall be scheduled within 60 calendar days of the date of
filing an appeal. Notice of an appeal hearing shall be mailed to the appellant not
less than 10 calendar days prior to the hearing scheduled before the Director or
Hearing Officer.
D. A written decision on an appeal shall be issued 30 calendar days from the date of
the hearing.
E. An action by the Director’s designee that is appealed to the Director or Hearing
Officer shall not become effective unless and until approved by the Director or
Hearing Officer.
F. A decision of the Director or Hearing Officer shall be final except for judicial review
and there shall be no appeal to the Commission or City Council. (Added by Ord.
No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS §
48, adopted June 14, 2016; Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.110 Developer TDM Fee
A. Developer Annual TDM Fee. An annual Developer TDM fee shall be required for
Developers of projects that will result in the new construction of:
a. Nonresidential projects: 7,500 square feet or more.
b. Residential projects: 16 or more residential units.
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c. Mixed-use projects: 16 or more residential units with any associated
nonresidential floor area or 7,500 sf or more of nonresidential floor area with
any number of residential units.
B. Developer TDM fees collected pursuant to this Chapter shall be deposited into an
account separate from the General Fund. The purpose of the Developer TDM fee
is to pay for the cost of administration, including TDM outreach and support and
City TMO formation activities, implementation, investigation, inspection, audit, and
enforcement of this Chapter. The fee shall be established by resolution of the City
Council and amended from time to time and shall be payable prior to issuance of
Certificate of Occupancy and annually thereafter. (Added by Ord. No. 2486CCS
§§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2646CCS § 4, adopted
September 8, 2020)
9.53.120 Procedures for Submission of Developer TDM Plan
A. Preliminary TDM Plan Required. Developers shall be required to submit a
Preliminary Developer TDM Plan meeting the requirements of
Section 9.53.130(A), with the exception of paragraphs (3), (4), and (7), at the time
of application for the project’s planning entitlement for new construction
applications.
B. Time Limits for Review. The Director of Transportation shall provide initial
comments to the Developer on the Preliminary Developer TDM Plan within 30
calendar days of application submittal.
C. Approval Required. The Director of Transportation shall approve or disapprove
the Preliminary Developer TDM Plan prior to project approval by the Planning
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Division, Planning Commission, or the City Council, based on the following
findings:
1. Inclusion of all applicable components of a Developer TDM Plan in this
Chapter.
2. Whether the Developer TDM Plan clearly outlines site-specific strategies.
3. Likelihood of program measures to achieve applicable AVR Target.
D. Notice. Notice of approval or disapproval shall be given in writing to the Developer.
Any plan disapproved by the Director of Transportation must be revised by the
Developer and resubmitted to the City within 30 calendar days of the notice of
disapproval.
E. Physical Components. Prior to issuance of a building permit, physical
components of the Plan must be shown on the construction drawings and be
approved by the Director of Transportation.
F. Final TDM Plan Required. Prior to issuance of a Temporary Certificate of
Occupancy or a Certificate of Occupancy, a Final Developer TDM Plan for new
construction projects, in accordance with Section 9.53.130 shall be submitted for
review and approval by the Director of Transportation. The Final Developer TDM
Plan shall also be recorded against the property to ensure compliance with this
Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended
by Ord. No. 2646CCS § 4, adopted September 8, 2020)
9.53.130 Content of the Final Developer TDM Plan
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A. Final Developer TDM Plan Format. The Final Developer TDM Plan shall result in
the Developer achieving the applicable AVR Target in this Chapter and shall
include:
1. Project description.
2. Site conditions that affect commute travel.
3. Statement of commitment from the property owner to:
a. Conduct annual surveys in conformance with this Chapter to determine
commute trip behavior including collection of data on Employee means
of travel, arrival time, and interest in information on ridesharing
opportunities (this shall not be applicable to residential units);
b. Monitor Developer TDM Plan; and
c. Report annually in a manner required by this Chapter.
4. Annual budget to implement Developer TDM Plan.
5. Duties, responsibilities, and qualifications of a certified PTC.
6. Developer TDM Plan program measures.
7. Implementation strategy that specifies how the Developer TDM Plan will be
implemented, monitored, and who will be responsible for submitting annual
status reports to the City.
B. Physical and Programmatic Elements. The Developer TDM Plan program
measures shall include the following:
1. Physical Elements. In addition to all physical facility improvements
required by Chapter 9.28, Parking, Loading, and Circulation, the following
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additional physical elements shall be required to be implemented by the
Developer to the satisfaction of the City:
a. On-Site Transportation Information. On-site transportation
information located where the greatest number of Employees,
visitors, and residents are likely to see it. Such transportation
information may be provided in an on-site physical location, such as
a bulletin board, digital screen, or kiosk, or through other media, such
as on a website or other digital means. Information shall include, but
is not limited to, the following:
i. Current maps, routes, and schedules for public transit routes
within one-half mile of the project site.
ii. Transportation information including regional ridesharing
agency, local transit operators, and certified TMO where
available.
iii. Ridesharing promotions material supplied by commuter-
oriented organizations.
iv. Bicycle route and facility information, including rental and
sales locations, regional/local bicycle maps, and bicycle
safety information within one-half mile of the project site.
v. Information about Shared Mobility providers operating within
the City.
vi. A list of facilities available for carpoolers, vanpoolers,
bicyclists, transit riders and pedestrians at the site.
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vii. Walking and biking maps for Employees and visitors, which
shall include, but not be limited to, information about
convenient local services and restaurants within walking
distance of the project.
viii. Information to commercial tenants and Employee s of the
project regarding local rental housing agencies.
2. Programmatic Elements. Additional programmatic elements shall also be
included in the Developer TDM Plan program measures based on the type
of development as follows:
a. Project Transportation Coordinator. A designated Project
Transportation Coordinator shall manage all aspects of the
Developer TDM Plan and participate in City-sponsored workshops
and information roundtables. The PTC shall be responsible for
making available information materials on options for sustainable or
active transportation modes and opportunities particularly programs
that involve commuter subsidies such as Parking Cash Out and
vanpool subsidies. In addition, transit fare media and day/month
passes will be made available through the PTC to Employees,
visitors, and residents during typical business hours. In the event that
the project is sold or transferred, Developer shall notify the City of
the new point of contact for the successor and/or new PTC for the
project within 30 calendar days of such sale or transfer.
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b. Nonresidential Projects and Nonresidential Components of Mixed-
Use Projects. Nonresidential projects that result in the addition of
7,500 square feet of floor area or more and the nonresidential portion
of mixed-use projects shall provide, at minimum, the following
programmatic elements:
i. New Employee orientation.
ii. Parking Cash Out.
iii. Incentives for Employees that live within one-half mile of
workplaces.
iv. Information regarding availability of bike commute training
offered either on-site or by a third party.
v. Free on-site shared bicycles intended for Employee use
during the work day (e.g., Bike@Work program). This shall be
optional if Citywide bikeshare is available within a 2-block
radius of the project site.
vi. Commuter matching services for all Employees on an annual
basis, and for all new Employees upon hiring.
vii. Information regarding benefits of: compressed work schedule,
flex-time schedule, telecommuting, and guaranteed ride
home.
viii. Transportation allowance equal to at least 50% of the current
cost of a monthly regional transit pass of the Employee’s
choice (e.g., Big Blue Bus 30-day Pass, Metro EZ Pass, Metro
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TAP or equivalent). Within the Downtown Community Plan
area, the transportation allowance shall equal at least 100%
of the current cost of a monthly regional transit pass of the
Employee’s choice (e.g., Big Blue Bus 30-day Pass, Metro EZ
Pass, Metro TAP or equivalent). An Employee accepting the
transportation allowance shall be required to execute a
contract agreeing said Employee will not utilize a single
occupancy vehicle for the majority (at least 51%) of their daily
commute distance more than 5 business days per month. The
contract shall also specify the Employee’s alternative
commute mode (e.g., transit, bike, walk). Within the
Downtown Community Plan area, daily transportation
allowance, equal to the value of the applicable monthly
transportation allowance divided by 20, shall be offered to all
eligible Employees. To receive the daily transportation
allowance eligible Employees shall not be receiving the
monthly transportation allowance and shall be required to
submit a daily commute tracking form agreed that said
Employees utilized an eligible non-single occupancy vehicle
mode for at least 51% of their daily commute. The Employee
must demonstrate compliance as reasonably required by the
property owner.
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ix. Customer and visitor incentives for uses with significant
numbers of customers and visitors such as retail, food service,
hospitality, and medical office:
1. Customer incentive program.
2. Public directions prioritizing rideshare modes.
3. Special event rideshare services.
4. Shared ride service.
x. Any additional measures that would result in the Developer
achieving the applicable AVR target.
a. Residential Projects and Residential Components of Mixed-Use
Projects. Except as provided in subsection iv, projects that result in the
addition of 16 residential units or more and the residential portion of mixed-
used projects shall include the following programmatic elements:
i. Transportation Welcome Package for Residents. Provide all new
residents with residential component of the project site with a
welcome package on a per-unit basis. The welcome package shall,
at minimum, include the information required in subdivision (1)(a) of
this subsection (B) (Physical Elements—On-Site Transportation
Information).
ii. Local Preference Marketing Plan. Prepare and implement a
marketing and outreach program for the rental of units that targets:
(A) Employees of businesses located within a one-half mile radius of
the project; (B) Employees of the local hospitals; (C) Employees of
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the Santa Monica Malibu Unified School District; (D) Employees of
the City’s police and fire departments; (E) Employees of businesses
outside the one-half-mile radius but within the City of Santa Monica.
In leasing units, the Developer shall give priority to applicants in the
foregoing categories provided that all such applicants meet generally
applicable leasing qualifications and criteria imposed by the
Developer. Nothing in this Chapter shall require that any residential
units be occupied by such persons.
iii. TMO Participation. Active participation in the formation and ongoing
activities of a certified TMO, if established and includes the project
site, including payment of annual dues at a level so that trip reduction
services are provided as set forth by the TMO, attendance at
organizational meeting, providing travel and parking demand data to
the TMO, and making available information to project tenants relative
to the services provided by the TMO.
iv. Transportation Allowance. Offer a monthly transportation allowance
equal to at least 50% of the current cost of a monthly regional transit
pass of the resident’s choice (e.g., Big Blue Bus 30-Day Pass, Metro
EZ Pass, Metro TAP Pass or equivalent). Within the Downtown
Community Plan area, the transportation allowance shall equal at
least 100% of the current cost of a monthly regional transit pass of
the resident’s choice (e.g. Big Blue Bus 30-Day Pass, Metro EZ
Pass, Metro TAP Pass or equivalent). The transportation allowance
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shall be offered to all residents listed on a lease and their immediate
family living at the same address. Immediate family includes spouse,
partner, children, parents, grandparents, brother, sister, father-in-
law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece,
nephew, sister-in-law, and brother-in-law. A resident accepting the
transportation allowance shall not lease parking and shall be
required to execute a contract agreeing that said resident does not
own or long-term lease an automobile in association with a
residential use in Santa Monica and will not own or long-term lease
an automobile in association with a residential use in Santa Monica
for so long as they are in receipt of the transportation allowance. The
contract shall also specify the resident’s non-single occupancy
vehicle commute mode (e.g., transit, bike, walk). Children who reside
full-time at the building shall be eligible for the transportation
allowance if the parent that is primarily responsible for transporting
the child is also eligible for the transportation allowance. The child’s
parent or guardian shall sign an affidavit stating that the child
permanently resides at the building on a full-time basis, and the child
is primarily transported by a parent or guardian on the lease that is
eligible for the transportation allowance. Notwithstanding the
foregoing, if a project is a 100% affordable housing project, as
defined by Santa Monica Municipal Code Section 9.52.020.0050,
and does not include any off-site affordable units that satisfy another
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multiple-unit dwelling project’s obligations under Santa Monica
Municipal Code Chapter 9.64, then this subsection shall not apply to
require the project to offer a transportation allowance.
C. Developer TDM Plan Applicable to Project Occupants. The Developer shall
ensure that compliance with the Developer TDM Plan is included as a requirement
in lease documents and any other agreements for occupancy in the project in order
to inform and commit project occupants to applicable measures of the approved
Developer TDM Plan.
1. All Projects. Allowing Employees and residents to participate in campaigns
that promote use of carpools, vanpools, transit, walking, bicycling, carshare,
bikeshare, and other trip reduction efforts.
2. Nonresidential Projects. For nonresidential projects and nonresidential
components of mixed-use projects, participating in the annual project
commute survey.
D. Employer Worksite Plan Consistency. Employer ERPs and submitted
subsequent to the approval of a Developer TDM Plan shall be consistent with the
approved Developer TDM Plan, at a minimum, unless the Director of
Transportation approves alternative plan components.
E. Recording Required. Prior to Certificate of Occupancy, the Developer shall
record an agreement, in a form acceptable to the City, that makes the Developer
TDM Plan a condition of property ownership. The agreement shall include
provisions to:
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1. Guarantee adherence to the TDM objective and perpetual obligations of the
Developer TDM Plan for all legal parcels within the site regardless of
property ownership.
2. Inform all subsequent property owners of requirement of the Developer
TDM Plan.
3. Inform the Director of Transportation of any change in ownership.
4. Identify consequences of noncompliant performance. (Added by Ord. No.
2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2552CCS
§ 1, adopted August 8, 2017; Ord. No. 2606CCS § 18, adopted April 9,
2019; Ord. No. 2638CCS § 1, adopted May 26, 2020; Ord. No. 2646CCS §
4, adopted September 8, 2020)
9.53.140 Monitoring and Remedies for Violating Developer TDM Plan
A. Annual Monitoring Required. Developer shall submit an annual monitoring
report on the Developer TDM Plan (“Developer TDM Annual Status Report”)
starting on the first anniversary of issuance of the project’s Certificate of
Occupancy or Temporary Certificate of Occupancy, if applicable. The annual
monitoring report shall include the following:
1. Confirmation of compliance with all Developer TDM Plan elements.
2. For nonresidential projects and nonresidential components of mixed-use
projects, AVR calculations and documentation for the monitoring year
based upon cumulative Employee surveys for the project undertaken for
one consecutive week each year. The survey must be conducted in
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