O26461
City Council Meeting: September 8, 2020 Santa Monica, California
ORDINANCE NUMBER 2646 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
3.08.080—PREFERENTIAL PARKING ZONES, AND CHAPTERS 3.20—BIKESHARE,
6.50—PEDICABS, AND 9.53—TRANSPORTATION DEMAND MANAGEMENT TO
ALIGN WITH THE RESTRUCTURING OF CITY SERVICES, CODIFY PREVIOUS CITY
COUNCIL DIRECTION, AND STRIKE OBSOLETE LANGUAGE
WHEREAS, in response to the economic fallout from the COVID-19 pandemic,
and anticipated budget shortfall, the City of Santa Monica developed a citywide
restructuring plan that included the reconsideration of staffing, program funding, and
contractual obligations; and
WHEREAS, on June 23, 2020, Council approved a citywide budget that
incorporated the citywide restructuring plan, established fiscal year 2020/2021
departmental budgets and finalized staffing and resource changes; and
WHEREAS, the Santa Monica Municipal Code (SMMC) includes certain
transportation provisions that require amendment in order to be aligned with Council’s
adopted citywide budget; and
WHEREAS, as part of direction to continue piloting shared mobility services,
Council directed City staff to investigate options for public bike share that could deliver
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the affordability, reliability, equity and outreach elements of the Breeze program but be
operated by a private commercial entity; and
WHEREAS, the definition of bike share and other provisions in the City’s bike
share ordinance must be amended to achieve the aforementioned option; and
WHEREAS, certain portions of the City’s Transportation Demand Management
ordinance refer to 2016 actions or objectives and are, therefore, obsolete.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Santa Monica Municipal Code Section 3.08.080 is hereby amended as
follows:
3.08.080 – Suspension of designation of new preferential parking zones and
amended preferential parking zones.
No new preferential parking zones shall be designated, and no existing preferential
parking zones shall be amended during the period of September 24, 2020 through
September 24, 2024.
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Section 2. Santa Monica Municipal Code Chapter 3.20 is hereby amended as
follows:
Chapter 3.20 BIKE SHARE
3.20.010 Bike share defined.
“Bike share” is a public service provided by the City of Santa Monica, other public
entity, non-profit, privately owned and/or commercially operated entity in which bicycles
and bicycle storage facilities are made available for shared use to individuals on a short-
term basis.
3.20.020 Bike share system defined.
“Bike share system,” as used in this Chapter, shall mean the system of bicycles,
bicycle racks and kiosks owned by the City of Santa Monica, other public entity, non-
profit, privately owned and/or commercially operated entity, and operated on the public
right-of-way as part of the City’s bike share program.
3.20.030 Prohibitions regarding private use of bike share facilities.
(a) No person shall park or leave standing any bicycle that is not part of the
City’s bike share system at, on, or within any bike rack that is part of the City’s bike share
system.
(b) Any bicycle that is not part of the City’s bike share system parked or left
standing at a bike rack that is part of the City’s bike share system may be removed and
impounded. The owner of the bicycle that is removed and impounded shall be responsible
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for any fees in connection with such removal and impounding. City shall have no liability
for loss or damage to locks and other personal items that are attached to a bicycle that is
removed because parked or left standing at a bike rack that is part of the City’s bike share
system.
3.20.035 Bike share fees.
Bike share fees and regulations governing use of the City’s bike share system may
be established and changed, from time to time, by resolution of the City Council.
3.20.045 Payment of bike share fees.
No person shall use a bicycle that is part of the City’s bike share system without
payment of fees adopted by resolution of the City Council.
3.20.160 Prohibited activities.
No person shall violate a regulation governing use of the City’s bike share system,
or engage in any sports or recreational activity with any bike share bicycle that endangers
public health or safety or threatens injury to persons, or damage to property, including,
without limitation, the City’s bike share system.
3.20.200 Penalties.
(a) Any person who violates any provision of this Chapter shall be guilty of an
infraction with a penalty amount of fifty dollars. Additionally, if a bicycle that is not part of
the City’s bike share system is impounded, its owner shall be required to pay a release
fee to recover the cost of impounding and storage of the bicycle.
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(b) Any person who violates any provision of this Chapter shall be subject to
administrative fines and administrative penalties pursuant to Chapter 1.09 of this Code.
(c) The remedies provided in this Chapter are not exclusive, and nothing in this
Chapter shall preclude any person from seeking other remedies, penalties or procedures
provided by law.
Section 3. Santa Monica Municipal Code Chapter 6.50 is hereby amended as
follows:
Chapter 6.50 PEDICABS
6.50.010 Definitions.
The following words or phrases as used in this Chapter shall have the following
meanings.
(a) Pedicab. “Pedicab” has the same meaning as that term is defined by the
California Vehicle Code, and includes pedicabs with electric motors that meet the
definition of electric bicycles set forth in the California Vehicle Code.
(b) Pedicab Operator. “Pedicab operator” means a person that operates or causes
operations of a pedicab.
(c) Pedicab Decal. “Pedicab decal” means a nontransferable authorization, affixed to
the pedicab by the City, for a pedicab to be operated in the City.
(d) Seatbelt. “Seatbelt” means a safety strap or harness designed to hold a person
securely in a seat.
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6.50.020 Exemption.
The provisions of this Chapter shall not apply to any pedicab validly permitted and
operating in another jurisdiction that drops off passengers within the City or passes
through the City without picking up any passenger.
6.50.030 Rules and regulations.
The City Manager, or designee, is authorized to adopt rules and regulations consistent
with this Code and necessary to implement this Chapter. Such rules and regulations
may include, but are not limited to, provisions governing: pedicab service and safety;
pedicab vehicle equipment standards; conditions and qualifications of pedicab decals;
and the responsibilities of pedicab operators and drivers.
Such rules and regulations shall be filed in the office of the City Clerk where they shall
be made available for inspection by the public.
Violations of rules and regulations issued pursuant to this Section shall constitute
violations of this Chapter, and shall subject the violator to the penalties set forth in this
Chapter.
6.50.040 Business license required.
(a) No person shall operate, or cause to be operated, a pedicab business within the
City without having first obtained a business license from the City.
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(b) To obtain a business license, each applicant shall file with the City a complete
and verified application, proof of adequate insurance with indemnification of the City,
and other information prescribed by the rules and regulations adopted in accordance
with this Chapter.
6.50.050 Pedicab driver permit required.
Repealed.
6.50.060 Pedicab identification decal required.
(a) No person shall lease, rent, or allow a pedicab to be operated within the City
without having first obtained a pedicab decal. The decal shall be affixed to the pedicab
in a manner clearly visible to the public.
(b) A pedicab decal application shall be denied if the pedicab is unsafe for operation
or fails to comply with applicable safety and equipment rules and regulations adopted in
accordance with this Chapter.
(c) No person shall operate a pedicab that does not have a valid pedicab decal
affixed.
6.50.070 Fees and permits.
(a) A schedule of fees to recover the costs associated with the administration and
enforcement of this Chapter may be adopted by resolution of the City Council. No
applicant may be issued a pedicab decal until that applicant has paid all applicable fees.
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(b) Decals that are expired, revoked, defaced, altered, forged, or counterfeited are
invalid.
(c) Decals are the property of the City and are nontransferable.
6.50.080 Denial, suspension or revocation of pedicab decal.
Pedicab decals may be denied, suspended or revoked by the City Manager, or
designee, based upon any one of the following grounds:
(a) The pedicab operator or driver has failed to comply with applicable laws or rules
and regulations relating to pedicab operations.
(b) The pedicab operator or driver has been convicted of assault, battery, resisting
arrest, any felony involving force and violence, any misdemeanor or felony reckless
driving or driving under the influence offense, or any crime reasonably related to the
qualifications, functions or duties of the passenger transport business, or the ability of
the operator or driver to safely transport passengers.
(c) The operator or driver has been convicted of a crime that requires registration
pursuant to California Penal Code Section 290.
(d) The pedicab operator or driver has knowingly made a false statement of material
fact, or knowingly failed to state a material fact in the application process.
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6.50.090 Pedicab parking.
The City may designate pedicab parking stands to provide safe drop-off and pick-up
areas for pedicabs.
6.50.100 Fare schedule.
(a) The pedicab operator shall post its fare schedule on every pedicab in its fleet and
that meets the size, format, and location requirements as set forth by the rules and
regulations adopted in accordance with this Chapter.
(b) No pedicab operator or driver shall charge a passenger a fare greater than the
fare posted on the pedicab.
6.50.110 Pedicab operations.
(a) A pedicab operator shall:
(1) Keep pedicabs within its fleet in clean and sanitary conditions, and be free from
mechanical or safety defects;
(2) Make pedicabs within its fleet available for inspections at reasonable times by the
City, including for annual inspections;
(3) Operate in compliance with local and state laws applicable to pedicabs and
pedicab operations; and
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(4) Annually report to the Department of the California Highway Patrol any accidents
caused or experienced by the pedicabs.
(b) It is unlawful for any person to:
(1) Operate a pedicab, if said person is under twenty-one years of age;
(2) Operate a pedicab without a valid California driver’s license;
(3) Operate a pedicab in any manner that impedes or blocks the normal or
reasonable movement of pedestrian or vehicular traffic unless such operation is
necessary for safe operation or in compliance with law or under the direction of law
enforcement personnel;
(4) Load or unload pedicab passengers on roadways or in the middle of roadways;
(5) Operate a pedicab on any street with a posted speed limit in excess of 30 miles
per hour, except to cross the street at an intersection;
(6) Operate a pedicab in a manner that results in damage to property;
(7) Operate a pedicab while carrying a number of passengers that exceeds the
number of available seats;
(8) Operate a pedicab without having all passengers be restrained by seatbelts;
(9) Operate a pedicab without having a City-approved insurance policy in full force
and effect at all times during the operation of the pedicab;
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(10) Operate a pedicab that has broken or inactive equipment, or is otherwise in an
unsafe operating condition;
(11) Advertise or otherwise hold itself out as providing pedicab services within the
City, unless such person is operating pursuant to City issued business license;
(12) Refuse to comply with a lawful order from a City official charged with
enforcement of this Chapter.
(c) A pedicab shall:
(1) Be of a single frame construction and reasonably clean and safe, so as not to
injure or damage the person, clothing or possessions of a passenger;
(2) Have an exterior reasonably clean, free of cracks, breaks and major dents, and
treated or painted for adequate weather protection and a neat and clean appearance;
(3) Be equipped with working seat belts for all passengers, seat backs, and grab
rails;
(4) Be equipped with battery-powered headlights and taillights, with taillights
mounted at the same level on the right and left exterior, red in color and plainly visible
from all distances within 500 feet to the rear of the pedicab;
(5) Be equipped with turn signals visible from the front and rear of the pedicab;
(6) Be equipped with hydraulic or mechanical disk brakes;
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(7) Be equipped with spoke reflectors on each wheel, and tape type reflectors
showing the front and back width of the pedicab;
(8) Have permanently and clearly affixed company name and phone number on the
exterior in easy to read lettering at least 2 inches tall; and
(9) Have clearly affixed fare schedule signs, in easy to read lettering at least 1 inch
tall, including all applicable fares and charges, including minimums, distance, time, tour
or other charges.
6.50.120 Enforcement.
(a) Any person violating any provision of this Chapter shall be guilty of an infraction,
which shall be punishable by a fine not exceeding two hundred fifty dollars per violation;
or a misdemeanor, which shall be punishable by a fine not exceeding one thousand
dollars per violation, or by imprisonment in the County Jail for a period not exceeding six
months, or by both such fine and imprisonment. Where the violation is of a continuing
nature, each day that the violation continues constitutes a separate and distinct
violation.
(b) Any person violating any provision of this Chapter shall be subject to
administrative fines and penalties pursuant to Chapter 1.09 of this Code.
(c) The remedies specified in this Section are cumulative and their specification shall
not preclude the use of any other remedy provided by law.
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Section 4. Santa Monica Municipal Code Chapter 9.53 is hereby amended as
follows:
Chapter 9.53 TRANSPORTATION DEMAND MANAGEMENT
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 (MTA) 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 public transit, ridesharing, walking, carsharing,
cycling and focusing development in areas close to transit and employment;
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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 and management of traffic congestion;
E. Minimize the percentage of employees traveling in single-occupant vehicles 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, 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;
9.53.020 Definitions
The following words and phrases shall have the following meanings when used in this
Chapter:
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A. Audit. A selective inspection by the City of an employer’s activities related to
the fulfillment of ongoing implementation and monitoring of an approved emission
reduction plan.
B. Average Vehicle Ridership (AVR). The total number of employees who
report to or leave the worksite or another job-related activity during the peak
periods 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
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 1500 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):
1500/1000 = 1.5 AVR
A similar calculation is required for obtaining the afternoon peak period AVR for
commute trips to and from the worksite between 3:00 p.m. and 7:00 p.m.
C. 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.
D. 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.
E. 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.).
F. Carpool. A motor vehicle occupied by 2 to 6 persons traveling together to and
from the worksite for the majority (at least 51 percent) of the total commute.
G. Commute Trip. A home-to-work or work-to-home trip.
H. 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
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scheduled in a manner which reduces vehicle trips to the worksite. The recognized
compressed work week schedules for purposes of Chapter 9.53 of the Municipal
Code are 36 hours in 3 days (3/36), 40 hours in 4 days (4/40), or 80 hours in 9 days
(9/80).
I. Consultant Employee Transportation Coordinator (ETC). A person that
meets the requirements of and that serves as an ETC at a single worksite for an
employer other than the consultant ETC’s employer.
J. Developer. Any person or entity that is responsible for development of a
project that will result in the 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 non-residential 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.
K. Developer TDM Plan. A trip reduction plan intended to result in a developer
achieving the applicable AVR Targets specified in this Chapter.
L. Disabled Employee. An individual with a physical or mental impairment which
prevents the individual from traveling to and from the worksite by means other than
a single-occupant vehicle.
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M. 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.
N. [Reserved]
O. 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 (pounds per year per employee)
specified in SCAQMD Rule 2202-On-Road Motor Vehicle Mitigation Options
Implementation Guidelines.
P. 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.
Q. 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 at the worksite during normal business hours
when the majority of employees are at the worksite. Employers of two hundred fifty
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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R. Employee Trip Reduction Plan (ETRP). A plan for implementation of
strategies that are designed to reduce employee vehicle commute trips during the
AVR Window.
S. Employer. Any public or private employer, including the City of Santa Monica,
having a permanent place of business in the City and employing ten or more
employees.
T. 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 six months out of the year.
U. Field Personnel. An employee who spends twenty percent or less of their
work time, per week, at the worksite and who does not report to the worksite during
peak periods for pick up and dispatch of an employer provided vehicle.
V. Fleet Vehicles. Any vehicles, including passenger cars, light-duty trucks and
medium duty on-road vehicles, owned or leased by an employer that totals 4 or
more vehicles.
W. 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)
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Memorial Day May (Last Monday)
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
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.
X. 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.
Y. 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,
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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.
Z. Monitoring. The techniques used to assess progress towards complying with
the transportation management plan.
AA. 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.
BB. Multi-Tenant Worksite. A structure, or group of structures, on one worksite
where more than one employer conducts a business.
CC. Non-Commuting AVR Credit. This credit applies to employees who arrive 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.
DD. 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 two
hundred fifty employees must attend a one-time SCAQMD certified training course.
The On-Site Coordinator is limited to program implementation rather than program
development.
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EE. Parking Cash Out. Health and Safety Section 43845 that requires employers
with fifty 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.
FF. Part-Time Employee. Any employee who reports to a worksite on a part-time
basis fewer than thirty-two hours per week but more than four 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.
GG. Peak Period. In the morning, the peak period includes the hours from 6:00
a.m. to 10:00 a.m. In the evening, the peak period includes the hours from three
p.m. to seven p.m.
HH. Peak Period Trip. An employee’s commute trip that begins or ends at the
worksite or a work related trip within the peak period.
II. Performance Target Zone. A geographic area that determines the minimum
employee emission reduction factor for a particular worksite determined by the
SCAQMD. Santa Monica is located in SCAQMD Zone 2.
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JJ. Planning Director. The Director of Planning and Community Development of
the City of Santa Monica or his/her designee.
KK. 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.
LL. 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.
MM. Property Owner. Any person, co-partnership, association, corporation or
fiduciary having legal or equitable title or any interest in any real property.
NN. Ridesharing. Any mode of transportation other than a single occupancy
vehicle that transports one or more persons to a worksite.
OO. Seasonal Employee. Any person who is employed for less than a continuous
90-day period.
PP. Single Occupancy Vehicle. A privately operated motor vehicle whose only
occupant is the driver, including for hire vehicles with one passenger.
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QQ. 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.
RR. Student Worker. A student who is enrolled and gainfully employed (on the
payroll) by an educational institution. Student workers who work more than four
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.
SS. Telecommuting. Any employee(s) working at home, off-site, or at a
telecommuting center for a full work day, eliminating the trip to work or reducing
travel distance by more than fifty percent.
TT. 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 six 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.
UU. Training Provider. A person, firm, business, educational institution, nonprofit
agency or corporation or other entity which meets the requirements of and is
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certified by the South Coast Air Quality Management District and the City of Santa
Monica to provide training, as required by this Chapter, to Employee Transportation
Coordinators (ETCs).
VV. 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.
WW. Transportation Allowance. A financial incentive offered to employees
instead of a parking subsidy to provide employees flexibility in mode choice.
Employees are typically required to execute an agreement that they do not
commute in a single-occupant vehicle in order to be eligible to receive the benefit.
XX. 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 periods.
YY. Transportation Facility Development (TFD). Construction of capital
improvements to a transportation or transit system and/or installation of related
operating equipment.
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ZZ. 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.
AAA. Transportation System Management (TSM). Strategies designed to
improve traffic flow through modifications in, or coordination of, the operation of
existing facilities.
BBB. Trip Reduction. The reduction in single occupant vehicle trips by private or
public sector programs used during peak periods of commuting.
CCC. Vanpool. A van or similar motor vehicle in which 7 to 15 persons commute to
and from the worksite for the majority (at least 51 percent) of the commute trip.
DDD. Vehicle. Any passenger car or truck, including Zero Emission Vehicles
(ZEVs), used for commute purposes including any motorized two-wheeled vehicle.
Vehicles shall not include bicycles, transit services, buses serving multiple
worksites, or vehicles that stop only to load or unload passengers or materials at a
worksite while on route to other worksites.
EEE. Vehicle Trip. The means of transportation used for the greatest distance of
an employee’s commute to or from work during the peak period. Each vehicle trip to
the worksite shall be calculated as follows:
Single-occupant vehicle = 1
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Carpool = 1 divided by the number of people in the carpool
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 non-motorized transportation modes = 0
Non-commuting = 0
Telecommuting = 0 on days employee is telecommuting for the entire day
Compressed Work Week = 0 on employee’s compressed day(s) off
FFF. Volunteer. Any person at a worksite who, of their own free will, provides
goods or services, without any financial gain.
GGG. 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. Structures that are located more than one-half mile away from each
other must have a certified ETC or on-site coordinator at each site.
HHH. Worksite Transportation Plan (WTP). A plan for implementation of
marketing strategies designed to provide employees with information about
alternative commute options.
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III. 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.
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, government
agencies located in Santa Monica shall be exempt from this Chapter.
9.53.040 AVR Targets
On and after January 1, 2016, 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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Table 9.53.040: AVR Targets by District
LAND USE DESIGNATION
EMPLOYER AND
DEVELOPER
AVR TARGET
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: 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 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
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
Industrial Conservation: Euclid Court to Stewart Street 2.0
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Neighborhood Commercial: Pico Boulevard from Main Court to
Centinela Avenue 1.75
Neighborhood Commercial: Olympic Boulevard from 14th Street to
16th Street 2.0
Office Campus: south of Ocean Park Boulevard 1.75
Office Campus: east of Cloverfield Boulevard, north of Olympic
Boulevard 2.0
Oceanfront District, north of Santa Monica Pier 1.75
Ocean Front District, Santa Monica Pier and south 2.0
Healthcare Mixed Use 2.0
Institutional/Public Lands: bounded by Pico Boulevard, 20th Street,
Pearl Street and 16th Street 1.75
Institutional/Public Lands: bounded by Santa Monica Freeway,
Lincoln Boulevard, Pico Boulevard and Ocean Avenue 2.2
Institutional/Public Lands: other than specified above 1.6
All remaining districts 1.6
9.53.050 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.
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1. Employers filing Emission Reduction Plans (ERPs) or Worksite
Transportation Plans (WTPs) 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 six 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 or WTP in accordance with
this Chapter. Employer annual transportation fees shall be due and paid in full
with the submittal of the ERP or WTP. The City shall provide written notice of
payment required by this subsection at least ninety calendar days prior to the
due date.
4. Once the employer annual transportation fee required pursuant to this
Chapter has been paid, there shall be no refunds.
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5. Employers of thirty 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
forty percent reduction of employer annual transportation fees.
b. Attainment of the applicable AVR Target for two consecutive years
shall result in a fifty percent reduction of employer annual transportation
fees.
c. Attainment of the applicable AVR Target for a period of three or more
consecutive years shall result in a sixty percent reduction of employer
annual transportation fees.
6. Employers of thirty or more employees who join a TMO certified by the
City, through the procedures specified in this Chapter, shall receive a twenty-
five percent 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.
9.53.060 Contents of Emission Reduction Plans
A. Employers of thirty or more employees are required to submit to the City,
within ninety calendar days of written notification, an Emission Reduction Plan
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(ERP) designed to reduce emissions related to employee commute trips and to
meet specific emissions reduction targets specified for the subsequent year. 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 five day work period which does not include those days defined
as holidays.
Employee emission reduction factor = Determined by the year of the plan
submittal as defined in Chapter V of the SCQAMD Rule 2202 Implementation
Guidelines.
Vehicle trip emission credits = Determined according to Chapter V of the
SCQAMD Rule 2202 Implementation Guidelines. The employer’s emission
reductions can be further reduced through generation of Vehicle Trip Emission
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Credits (VTECs) from the implementation of optional trip reduction strategies.
These VTECs, obtained through peak and off-peak commute trip reductions and
other work-related reductions can be applied towards meeting an employer’s
Emission Reduction Target (ERT). Credit for any program must go beyond the
requirements of existing State and Federal programs to avoid “double counting” the
emission reductions. All emission credits are valid according to the conditions,
guidelines or regulations under which they were originally issued.
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. 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 one hundred eighty calendar days after the approval of the ERP by
the City.
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2. Employee Trip Reduction Plan. Employers who choose this option shall
prepare, implement and monitor Employee Trip Reduction Plans (ETRP) for
transportation demand management, transportation system management and
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 Planning Director before it is effective.
a. The ETRP shall include strategies designed to encourage employees
to 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 periods;
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
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employer’s ERP 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, 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 type of business;
viii. Includes a sample of the employee AVR survey, or other
mechanism approved by the City. This survey must not be more than
six months old. For employers with two hundred fifty or more
employees, the survey must conform with SCAQMD requirements.
The survey must be taken over five 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, etc.). This survey must have a
minimum response rate of seventy-five percent of employees who
report to or leave work between 6:00 a.m. and 10:00 a.m., inclusive,
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and seventy-five percent response rate for employees who report to
or leave work between three p.m. and seven p.m., 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 75% 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 & Safety
Code 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
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shall include a commitment to 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 twelve 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;
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vi. Lists public transit services within one-half mile of the worksite;
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
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xiv. Includes updates and revisions to the ETRP as the Planning
Director 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:
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 periods. 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.
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.
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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 period.
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 fifty-one percent) of the total commute.
iv. If two 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 fifty-one percent 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.
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e. Employers must keep detailed records of the documents which verify
the average vehicle ridership calculation for a period of three 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
three years from plan approval date. Approved ERPs must be kept at the
worksite for a period of at least five 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 period 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 Planning Director 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
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the applicable AVR target for the peak period. 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.
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 periods shall comply with the following requirements:
i. Employers must implement at least five 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.
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(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.
(11) Other marketing strategies that have been approved by the
Planning Director and the SCAQMD as appropriate.
ii. Employers must implement at least five 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.
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(9) Other basic support strategies that have been approved by
the Director and the SCAQMD as appropriate.
iii. Employers must implement at least five 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.
(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.
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(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 Planning Director and the SCAQMD.
C. Employer Clean Fleet Vehicle Purchase/Lease Program. Employers of two
hundred fifty employees or more at a worksite who utilize fleet vehicles for
operations in the SCAQMD jurisdiction shall agree to acquire fleet vehicles that
have emissions that are equivalent to or better than super low emission vehicle
(SULEV) medium-duty trucks, ultra-low emission vehicle (ULEV) passenger cars
or, ULEV light-duty trucks which meet CARB guidelines. Employers shall submit an
employer clean fleet plan by completing the form provided by the City and submit it
with their ERP if the employer operates fleet vehicles. SCAQMD Rule 1191 vehicle
definitions are applicable for purposes of this strategy. Acquired fleet vehicles can
include vehicles that have been purchased, leased for a term exceeding four
consecutive months, or donated, either new or used. For the purposes of this
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provision, fleet is defined as four or more vehicles and a vehicle lease is for a term
exceeding four consecutive months. The provisions of this strategy shall not apply
to the following:
1. Emergency or rescue vehicles operated by local, state and Federal law
enforcement agencies, police and sheriff’s department, fire department,
hospital, medical or paramedic facilities, and used for responding to situations
where potential threats to life or property exist, including but not limited to fire,
ambulance calls, or life-saving calls as defined in Section 165 of the
California Vehicle Code and are equipped with emergency lights and sirens.
2. Vehicles used by law enforcement agencies for undercover operations.
3. Heavy-duty on-road vehicles.
4. Employer fleets consisting of evaluation or test vehicles provided or
operated by vehicle manufacturers for testing or evaluations, exclusively.
5. Specialized vehicles that incorporate specially designed safety and
security features for the protection of employees during transit.
6. Non-passenger military vehicles.
7. Donated vehicles for the first 180 days of inclusion in the employer’s fleet.
At the end of 180 days employers may include the vehicle into their fleet only if
it meets the emission standard requirement of this Chapter; or
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8. If no comparable vehicles are available to address any performance
requirements, the Planning Director, with approval of the SCAQMD, may
approve use, on a case-by-case basis of non-SULEV or better vehicles.
9. Employers currently subject to SCAQMD Rule 1191 shall be deemed in
compliance with this provision.
D. Mobile Source Diesel PM/NOx Emission Minimization. Employers of two
hundred fifty employees or more shall submit a diesel PM/NOx emission
minimization plan form provided by the City with their ERP if the annual plan
submittal includes 1,000 or more a.m. peak period employees and the employer
owns or operates mobile diesel equipment that operates exclusively and is located
more than twelve consecutive months at that worksite. For multi-site employers this
provision applies only to those individual sites with 1,000 or more employees in the
a.m. peak period. Examples of on-site mobile sources include, but are not limited
to, riding lawn mowers, yard hostlers, forklifts, or man-lifts. When implementing this
strategy, the following requirements apply:
1. The employer shall submit a triennial diesel emission audit report that
includes, at a minimum, an inventory of mobile diesel equipment, fuel usage,
and use of control technologies, if any (e.g., clean fuels, engine modification,
and after-treatment equipment). The triennial report is due the same time as
the employer’s ERP.
2. The employer shall implement technically feasible control strategies as
identified in the plan approved by the Planning Director and the SCAQMD,
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provided the sum of the annualized capital costs and the annual operating and
maintenance costs do not exceed the cost per number of a.m. peak period
employees, according to the following schedule:
Mobile Source Diesel Emission Minimization Plan Maximum Cost per Worksite
Number of a.m. Peak Period
Employees Maximum Cost
1,000-1,499 $9,000
1,500-1,999 $13,400
2,000-2,499 $17,900
2,500-2,999 $22,400
3,000-3,499 $26,900
3,500-3,999 $31,400
4,000-4,499 $35,800
4,500-4,999 $40,300
5,000-5,499 $44,800
5,500-5,999 $49,300
6,000-6,499 $53,800
6,500-6,999 $58,200
7,000-7,499 $62,700
7,500-7,999 $67,200
8,000-8,499 $71,700
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8,500-8,999 $76,200
9,000-9,499 $80,700
9,500-9,999 $85,100
10,000 and up $89,600
a. City staff will assist employers in submitting their Mobile Source
Diesel Emission Minimization Plan to the SCAQMD for approval. Feasible
minimization strategies shall be identified as conditions in the approved
plan. Employers shall implement the plan expeditiously, but not later than
two years from the date of the Diesel Emission Minimization Plan’s
approval.
b. In conducting the cost analysis, the following methodology will be
followed: The cost of a diesel emission control technology consists of
capital costs and/or annual operating and maintenance costs. Capital
costs will be annualized over the equipment life or a ten year default life
may be applied with a 4% real interest rate. Capital costs are one-time
costs; examples include the price of control equipment, engineering
designs and installations, if applicable. Operating and maintenance costs
are annual reoccurring costs and include expenditures on utilities, labor
and material costs associated with control equipment operation.
i. The cost analysis is calculated according to the following
equation:
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Annualized Project Cost = (Capital Cost*CRF) = O & M
Where:
Capital Cost = One-time cost of equipment, design and installation
CRF = Capital Recovery Factor. For a 10 year default life with a 4%
real interest rate the CRF is 0.123
O & M = Operation and maintenance costs for one year
ii. Typical capital costs and operating and maintenance costs for
off-road emission control strategies are listed below:
CAPITAL COSTS O & M COSTS
Purchased Equipment Device/Cost Fuel Costs
New Off Road Vehicle
Labor Costs for
Maintenance
New Diesel Engines
Maintenance
Materials
Alternative Fueling Stations Replacement Plan
Diesel Particulate Filters Any Savings
Engine Catalysts
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Direct & Indirect Installation Costs
Engineering/Design
Construction
Only the incremental costs between new and existing
equipment/devices should be accounted for.
c. Employers may appeal the conditions of diesel minimization plan in
writing first to the City and then to the SCAQMD Hearing Board pursuant
to SCAQMD Rule 216-Appeals.
d. Approval of the diesel minimization plan shall be subject to provisions
of SCAQMD Rule 221-Plans.
E. 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.
a. Employers must survey employees in both the a.m. and p.m. peak
periods.
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b. Employers who do not meet their peak period 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. Marketing Plan. Employers shall include a marketing plan to educate
employers about alternative 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.
F. 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 Planning Director. All requests must be received by the City no later than fifteen
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 Planning Director shall notify the employer in writing whether or not the
extension has been granted within fifteen business days of receipt of a written
request for extension.
1. An employer may request an extension of up to sixty calendar days for
the initial submittal of a plan.
2. An employer may request an extension of up to thirty calendar days to
complete a revised plan.
3. The Director, at his or her discretion, may grant extensions beyond sixty
calendar days for good cause. Each employer’s request shall be reviewed on
an individual basis.
G. 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
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approved plan which is in effect must be submitted in writing to the Planning
Director.
1. If the Director determines that the ERP marketing strategy is not being
carried out to the fullest extent, the City may require the employer to submit
quarterly marketing reports that include examples of the marketing strategies
implemented for each quarter.
2. If the Director determines that the ERP marketing 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 fifteen business days from the date of
written notice in which to submit amendments to the Planning Director.
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 forty-five calendar days,
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submit a proposed plan revision to the Director which shall be designed to
achieve an AVR equivalent to the previously approved plan.
H. Employee Transportation Coordinators. Employers of thirty 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.
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 eight 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 Planning Director with proof of training no
later than twelve weeks after the beginning of the absence.
3. ETCs are not required to attend yearly update training.
I. 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
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for use of the California Air Resources Board (CARB) approved on-road mobile
source emission factor (EMFAC) model.
9.53.070 Contents of Worksite Transportation Plans
A. All employers of ten to twenty-nine employees shall be required to attend a
City-sponsored training seminar upon written notification in accordance with
Section 9.53.080 and submit a Worksite Transportation Plan (WTP) to the City in
accordance with the procedures set forth in this Chapter. The plan shall include at a
minimum:
1. Worksite location.
2. The contact information including name and title and e-mail address of
the highest ranking official at the site.
3. The contact information including name, e-mail address and phone
number of the designated on-site contact who has attended a City-sponsored
training program and is responsible for the implementation of the WTP.
4. The number of employees at the site.
5. Description of the type of business.
6. Description of any on-site amenities.
7. Location of the kiosk or bulletin board and a description of the information
displayed.
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8. Lists of the public transit services within one-half mile of the worksite.
9. Lists of the bicycle paths, routes, and facilities within one-half mile of the
worksite.
10. Management commitment letter signed by the highest ranking official at
the site.
11. 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).
B. Employers of ten to twenty-nine employees shall make, at a minimum, the
following information available to each employee:
1. Carpooling/vanpooling information including information about the
services provided by the regional ridesharing agency and their phone number
and website address.
2. Transit schedules and fare media purchase information.
3. Information on air pollution and options to driving to work alone.
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4. Bicycle route and facility information, including regional/local bicycle
maps. Locations of nearest bicycle racks, or locker storage facilities, and
bicycle safety information.
5. Information on walking to work and pedestrian safety.
6. Make information available to new employees upon date of hire.
7. Services provided by certified TMO, where available.
C. Employers shall submit yearly an updated WTP in accordance with this
Section. Employers who fail to submit an initial plan, or updated plan when
required, shall be in violation of this Chapter.
9.53.080 Procedures for Submission of Emission Reduction Plans and Worksite
Transportation Plans
A. Any employer who establishes a new worksite in the City of Santa Monica, or
whose employee population increases to more than ten, will be required to submit
an ERP or WTP to the City of Santa Monica. Employers are required to provide
notice to the Planning Director within thirty calendar days of establishing a new
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 ninety calendar days thereafter the employer shall submit a plan
and shall be subject to all provisions of this Chapter.
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B. Any employer who has submitted a plan pursuant to this Chapter and whose
employee population falls to fewer than ten employees for a six-month period,
calculated as a monthly average, may submit a written request to the Planning
Director to be exempt from this Chapter. The employer must submit documentation
which demonstrates an employee population of less than ten employees. Such
demonstration could be made by payroll records or other appropriate
documentation.
C. Employers with Thirty or More Employees
1. All employers with thirty or more employees, located within the City of
Santa Monica and subject to this Chapter, shall submit to the City, within ninety
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 Emission Reduction Plan specified in this Chapter within ninety calendar
days of written notification by the City.
D. Employers of Ten to Twenty-Nine Employees.
Employers of ten to twenty-nine employees are required to submit WTPs as
defined in this Chapter within sixty calendar days of written notification by the City.
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E. Multi-Site Employers of Two Hundred Fifty or More Employees.
1. Multi-site employers of two hundred fifty 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 Planning Director in writing no later than fifteen business
days prior to the plan due date.
2. Multi-site employers of two hundred fifty or more employees, with
worksites owned or leased by the same employer and located wholly within the
City of Santa Monica, upon the Planning Director’s approval of a written
request, may submit a single ERP or WTP encompassing all worksites.
F. All employer ERPs and WTPs 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 or WTP 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
or WTP on the first business day after the plan due date.
H. If an ERP or WTP is mailed to the City, the plan must be postmarked on or
before the plan due date. If the plan is postmarked after the plan due date, the plan
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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 Planning Director must either approve or
disapprove the plan within ninety calendar days for an ERP and within sixty
calendar days for a WTP.
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 sixty calendar days
from the date of approval to implement all aspects of the plan.
3. Any plan disapproved by the Planning Director must be revised by the
employer and resubmitted to the Planning Director within thirty calendar days
of written notice of disapproval or the employer shall be deemed in violation of
this Chapter. The City has ninety 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 Planning Director, the employer is in
violation of this Chapter.
J. An approved ERP or WTP may be revised between plan submittal dates by
submitting a plan revision in writing to the Planning Director. The revision shall not
be effective until approved by the Planning Director.
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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 thirty 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 or WTP.
L. No employer of two hundred fifty or more employees 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 two hundred fifty or more employees
in the City shall be released from this Chapter and shall be subject to compliance
with the SCAQMD Rule 2202 requirements.
9.53.085 Suspension on filing Worksite Transportation Plan and Emission
Reduction Plan.
From September 24, 2020 through September 24, 2024, the requirement for the
filing of a Worksite Transportation Plan shall be suspended for all employers and the
requirement for the filing of an Emission Reduction Plan shall be suspended for
employers with 49 or fewer employees.
9.53.090 Employer Monitoring and Enforcement
A. Audits.
1. City Audits. The City shall perform audits on a selective basis.
Employers shall receive at least five days written notice of such an audit. An
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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.
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
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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 or WTP shall constitute a separate
violation.
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 or WTP.
1. Require the addition of elements to a WTP and ERP submitted by an
employer.
2. Revoke any approval of an ERP or WTP.
3. Revoke the business license held by any violator.
4. Impose administrative remedies as provided for in Chapter 1.09 or 1.10.
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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 two hundred fifty dollars, or a misdemeanor, which shall be
punishable by a fine not exceeding one thousand dollars per violation, or by
imprisonment in the County Jail for a period not exceeding six 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.
9.53.100 Administrative Appeals
A. Disapproval of an ERP or WTP by the Director’s designee, including a revision
of such a plan, may be appealed to the City.
B. An appeal of an action by the Director’s designee shall be filed with the
Department of Planning and Community Development 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.
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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.
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 construction of:
1. Nonresidential projects: 7,500 square feet or more.
2. Residential projects: 16 or more residential units.
3. 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.
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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.
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.
B. Time Limits for Review. The Planning Director shall provide initial comments
to the developer on the Preliminary Developer TDM Plan within thirty calendar days
of application submittal.
C. Approval Required. The Planning Director shall approve or disapprove the
Preliminary Developer TDM Plan prior to project approval by the Planning 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.
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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 Planning Director must be revised by the
developer and resubmitted to the City within thirty 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 Planning Director.
F. Final TDM Plan Required. Prior to issuance of a Certificate of Occupancy, a
Final Developer TDM Plan in accordance with Section 9.53.130 shall be submitted
for review and approval by the Planning Director. The Final Developer TDM Plan
shall also be recorded against the property to ensure compliance with this Chapter.
9.53.130 Content of Developer TDM Plan
A. Developer TDM Plan Format. The 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 vehicle trip behavior including collection of data on employee
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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
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 or kiosk,
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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 1/2 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 1/2 mile of the project site.
v. A list of facilities available for carpoolers, vanpoolers, bicyclists,
transit riders and pedestrians at the site.
vi. 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.
vii. Information to commercial tenants and employees of the project
regarding local rental housing agencies.
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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 alternative transportation modes and
opportunities particularly programs that involve commuter subsidies such
as parking cashout 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
Planning Director of the new point of contact for the successor and/or new
PTC for the project within thirty calendar days of such sale or transfer.
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 cashout.
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iii. Incentives for employees that live within 1/2 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 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
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more than five 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.
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.
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c. 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 1/2-mile radius of the
project; (B) employees of the local hospitals; (C) employees of the
Santa Monica Malibu Unified School District; (D) employees of the
City’s police and fire departments; (E) employees of businesses
outside the 1/2-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.
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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 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
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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 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.
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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 WTPs submitted
subsequent to the approval of a Developer TDM Plan shall be consistent with the
approved Developer TDM Plan, at a minimum, unless the Planning Director
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:
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 Planning Director of any change in ownership.
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4. Identify consequences of non-compliant performance.
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 accordance
with Section 9.53.060(B) except that zero emission vehicles shall be counted
as vehicles.
3. Updated statement of commitment from Property Owner.
4. Updated annual budget to implement Developer TDM Plan.
5. Contact information including name, e-mail address, and proof of
certification of the PTC who is responsible for the preparation, implementation,
and monitoring of the Developer TDM Plan.
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6. Effect of the Developer TDM Plan on on-site transportation choice,
parking availability, and transit ridership.
7. Updated implementation strategy.
B. Time Limits for Review. The Planning Director shall provide the property
owner written notification indicating whether the TDM Annual Status Report is
approved or deemed unacceptable within 45 calendar days of its receipt.
Alternatively, the Planning Director may notify the property owner in writing of an
extension of this deadline of no more than 15 calendar days.
C. Violations. Violations of the Developer TDM Plan shall include but not be
limited to failure to:
1. Submit a TDM Annual Status Report.
2. Pay the Developer TDM Fee.
3. Implement strategies contained in the Developer TDM Plan.
4. Achieve the established AVR requirement.
D. Remedies for Violation.
1. If the developer commits a violation other than not achieving the
applicable AVR target, the City shall issue a written warning and the developer
shall have 30 calendar days from receipt of the notice to correct the violation. If
the developer continues to commit the violation 60 calendar days after receipt
of the first written warning, the developer shall be subject to a fine of
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$5/residential unit/day and $5/employee in the project/day. The fine shall be
deposited in accordance with Section 9.53.110. In the case of mixed-use
projects that include both residential units and employees, the fine shall be
calculated separately for each use.
2. If the annual monitoring report shows that the applicable AVR Target has
not been achieved for the project, then the developer shall submit a list of
modifications to the Developer TDM Plan to the Planning Director for approval
within 60 calendar days of the report submittal. The Planning Director shall
review the list of modifications and may also recommend modifications to the
Developer TDM Plan, as appropriate, in order to ensure that the applicable
AVR target is achieved. Upon approval of the requested changes, the
developer shall have 30 calendar days to implement the approved measures.
Developer shall then submit a follow-up monitoring report within 6 months of
implementation of the new measures. If the project continues to not achieve
the applicable AVR Target, developers have the option of:
a. Continuing to implement additional measures for approval by the
Planning Director.
b. Alternatively bring the project AVR into alternative compliance
through the payment of an Alternative Compliance Fee pursuant to
Section 9.53.140(E).
3. If the project continues to not be in substantial compliance with the
Developer TDM Plan, the City shall have the option to:
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a. Withhold the issuance of building permits, certificates of occupancy,
and other City issued permits or licenses.
b. Issue a stop work order.
c. Request that the City Attorney take appropriate enforcement action.
Referral to the City Attorney is not a condition precedent to any
enforcement action by the City Attorney.
E. Alternative Compliance if AVR Target is Not Achieved. If a project does not
achieve the applicable AVR Target established for the project, developer may
choose to pay an Alternative Compliance Fee to off-set the AVR Target in order to
achieve the AVR Target/work day. The fee shall only be applicable upon
completion of a fee study and shall be established by resolution of the City Council.
The fee shall be based on the following calculation:
Step 1:
Total Number of Employee Trips Per Week
=
Total Number of Vehicle Trips
AVR Produced by Project Per Week
Step 2:
Total Number of Employee Trips Per
Week = Total Number of Vehicle Trips
Allowed
AVR Target to Achieve Target AVR Per Week
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Step 3:
Total Number
of Produced
Trips
-
Total Number
of Allowable
Trips
=
Vehicle Trip
Reduction
Necessary to
Achieve AVR Target =
Daily Vehicle
Reduction Needed
to Achieve AVR
Target
5
Step 4:
Alternative Compliance Fee = Compliance Fee x Daily Vehicle Reduction Needed to
Achieve AVR Target x work days per year (based on 22 work days per month)
F. Procedures for Modification of Developer TDM Plan. Developer may
submit a request to modify the Developer TDM Plan with such request to be
approved by the Planning Director. Approval to modify the Developer TDM Plan
may be granted if the modifications are: (i) likely to result in the project achieving its
applicable AVR Target; and (ii) are equally or more effective as the measures that
are being modified. Developer shall provide quantifiable evidence, analysis, or
consultant report that demonstrates the requested changes will not cause the
project AVR to decrease.
G. Combined TDM Annual Status Report for Multiple Projects. Upon the
Planning Director’s approval of a written request, a Developer may submit a single
TDM Annual Status Report encompassing multiple projects to the requirements of
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this Chapter if the projects are owned by the same Developer and located wholly
within the City of Santa Monica.
H. Maintenance of Detailed Records Required. Developers must keep detailed
records of the documents which verify the average vehicle ridership calculation for
a period of 3 years from plan approval date. Monitoring mechanisms which verify
that the Developer TDM Plan has been implemented shall be kept for a period of at
least three years from plan approval date. Monitoring mechanisms may include, but
not be limited to:
1. Printed documentation of site features (e.g., location of carpool and
vanpool parking spaces).
2. Photographs of TDM program facilities (e.g., vanpool and carpool parking
spaces).
3. Field site inspections by the City.
4. Other building site reports and surveys that the City may deem
appropriate.
Approved Developer TDM Plans must be kept at the project site by the PTC.
Failure to maintain records or falsification of records will be deemed a violation of
this Chapter.
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9.53.150 Transportation Management Organizations (TMOs)
A. Employers and Developers may propose to use the services of a City-certified
TMO to implement their Employer Trip Reduction Plans or Developer TDM Plans
provided that membership in a City-certified TMO includes payment of annual dues
at a level so that trip reduction services are provided, as set forth by the TMO.
B. The City may certify TMOs that submit a first year work plan which outlines the
following:
1. A mission statement which describes the reasons for the organization’s
existence and the overriding goals of the TMO, including how the TMO will
implement the goals of the LUCE and No Net New p.m. Peak Trips.
2. Goals and objectives for the first year which target achievement of the
mission statement. Specific activities and tasks shall be listed to show how the
members will be served by the TMO and how the TMO will help meet the area
and regional transportation and air quality goals.
3. A plan for a baseline survey of commuters and employers in the area to
establish existing commuter characteristics and attitudes of commuters
towards traffic and the use of commute alternatives. The employer survey shall
obtain a descriptive profile of existing programs and employer attitudes toward
developing new programs.
4. The services to be provided by the TMO to its members, including the
commute alternatives to be provided and promoted, the advocacy and
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marketing activities planned including in-person outreach to employees, and
the role of the TMO staff in providing the services.
5. A marketing plan which creates an identity for the TMO and which
describes how the TMO’s planned services will be marketed to member
employers and their employees.
6. A monitoring and evaluation plan which will be used to measure progress
against goals and objectives, including results of the TMO’s activities with each
member. This plan will be used to provide annual reporting information to the
City.
7. A budget which details how the work of the TMO will be accomplished,
including details of public and private financing and expenditures.
C. The TMO must provide an annual report to the City to become recertified
yearly. The annual report shall include the same elements as the first year plan with
the following exceptions:
1. The mission statement shall be revised based on changes in the goals
and objectives of the TMO, if any.
2. The goals and objectives shall be updated to reflect progress and
changes in the TMO services.
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3. The baseline survey need not be repeated, however, the annual report
shall include follow-up monitoring and evaluation activities related to the
baseline survey.
4. The evaluation and results shall be discussed and used to describe the
next year’s planned activities.
Section 5. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
Section 6. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
///
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Section 7. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_________________________
GEORGE S. CARDONA
Interim City Attorney
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Approved and adopted this 8th day of September, 2020.
_____________________________
Kevin McKeown, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2646 (CCS) had its introduction
on July 28, 2020 and was adopted at the Santa Monica City Council meeting
held on September 8, 2020, by the following vote:
AYES: Councilmembers Davis, Himmelrich, Jara, McCowan, Winterer
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2646 (CCS) was duly published pursuant to
California Government Code Section 40806.
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9/21/2020