The intent of this chapter is to set forth requirements for major employers and occupants to develop and implement transportation systems management (TSM) programs to encourage and accommodate the use of ridesharing, transit, pedestrian, and bicycle commuting as a means to reduce single occupant motor vehicle trips associated with employee commuting. A reduction in such trips can be expected to assist in reduced traffic congestion, air pollution and energy consumption impacts related to employee commuting. (Ord. 1212, 11-16-1993)

This chapter shall apply to every existing or future employer/occupant of: a) two hundred (200) or more persons during daytime business hours at a common business location (e.g., a single building, group of buildings, or work locations at a single site or contiguous sites); and to b) less than two hundred (200) persons during daytime business hours at a common business location in a multi-tenant complex. (Ord. 1212, 11-16-1993)

   A.   Every multi-tenant complex which is the place of employment of two hundred (200) or more people shall have a complex coordinator designated by the property owner/manager. The complex coordinator shall serve as liaison to any major employers in the complex, and shall be the central information, reporting and coordinating source for the complex.

   B.   Employers of two hundred (200) or more persons are required to comply with this chapter individually, and shall coordinate with the complex coordinator, if one exists.

   C.   Employers of less than two hundred (200) persons, located within a multi-tenant complex which is required to comply with this chapter shall either:

      1.   Develop an individual TSM plan;

      2.   Participate in a complexwide plan; or

      3.   Undertake the following actions:

         a.   Provide employees with the services of an employee transportation coordinator, which may be the complex coordinator;

         b.   Provide information to employees regarding alternative ways to commute to work; and

         c.   Provide a commuter matching service (i.e., provide and administer a program of preferential parking). (Ord. 1212, 11-16-1993)

   A.   Temporary activities (less than 90 days) in existing nonresidential uses shall be exempt from the provisions of this chapter.

   B.   The exemption provisions shall be reviewed by the planning commission after one year from the adoption of this chapter. (Ord. 1212, 11-16-1993)

Employers/occupants must be required to prepare a TSM plan for submittal to the director of community development according to the compliance schedule established in accordance with section 15-17-7 of this chapter. The applicant shall have discretion to select among a range of program measures. However, the following minimum measures shall be included:

   A.   Employee transportation coordinator (ETC).

   B.   Informational and promotional programs.

   C.   Establish and administer preferential parking program.

   D.   Develop and administer a personalized ridesharing program with a target trip reduction of either twenty percent (20%) reduction in the base traffic generation level projected for the work site based on the Institute Of Transportation Engineers “Trip Generation”, seventh edition, or most current edition, or other source submitted by the applicant and approved by the director of development services, or a target average vehicle ridership (AVR) of 1.43 employees per commute vehicle, which represents a twenty percent (20%) increase in vehicle ridership from the estimated baseline AVR.

   E.   Monitoring and report to the director of community development once every three (3) years. The report must include, but need not be limited to: 1) the name and phone number of the ETC; 2) the number of employees at the work site during the normal business hours; 3) the estimated number of vehicles used for commuting (excluding public transit); 4) an identification of any objectives in the approved TSM plan which have not been achieved; 5) a description of proposed measures to remedy any deficiencies. (Ord. 1444, 8-3-2010; amd. Ord. 1620, 11-17-2020; Ord. 1639, 9-20-2022)

Existing employers may petition the director of community development for approval of parking reductions in on and off site locations commensurate with the level of trip reduction proposed (up to a maximum of 15 percent). A condition of approval must be submittal of a TSM plan and the applicant shall enter into a written agreement with the city, providing that the applicant and all successors in interest shall implement and maintain the approved TSM plan or a subsequently approved TSM plan which complies with the intent of this chapter for the life of the project. The agreement must be in a form that may be recorded and contain covenants which run with the land. (Ord. 1444, 8-3-2010; amd. Ord. 1620, 11-17-2020; Ord. 1639, 9-20-2022)

   A.   Compliance Schedule: Implementation must be through a permit system administered by the community development department. The director of community development shall establish a phased compliance schedule with priority given to: 1) new businesses; 2) business license renewals for companies employing one thousand (1,000) or more persons; 3) business license renewals with five hundred (500) or more employees; 4) business license renewals with two hundred (200) or more employees. Companies with more than one business address shall be permitted to file one TSM plan to cover all sites. The director of community development must also establish a compliance schedule for multi-tenant complexes, based on total complex size.

   B.   Notice: The community development department must mail notice of requirements to all businesses requiring a permit, based on the compliance schedule. Notified parties must submit their proposed TSM plan to the director of community development within forty five (45) days of receipt of notification. A filing fee may be established by council resolution to cover the cost of program administration. The director of community development must administratively review the TSM plan and determine whether it reasonably complies with trip reduction objectives and standards specified herein.

   C.   Compliance Audit: The director of community development shall have the authority to require a compliance audit to be prepared by any employer or complex coordinator upon demonstration of a reasonable basis for complaint relative to noncompliance with an approved TSM plan. No compliance audit shall be required more often than once every twelve (12) months. Said audit must be submitted to the director of community development within thirty (30) days of his request. (Ord. 1444, 8-3-2010; amd. Ord. 1620, 11-17-2020; Ord. 1639, 9-20-2022)

Employers may, upon application and approval of the director of community development, use off site parking as part of their TSM plans. Off site parking must comply, at a minimum, with the following requirements:

   A.   A minimum of fifty percent (50%) of all required parking must be provided on site;

   B.   Transportation from the satellite lot to the workplace must be detailed as part of the TSM plan; and

   C.   Satellite lots must be tied to the site development that they are meeting the parking requirements of, through a legal instrument, such as a covenant or deed restriction. (Ord. 1444, 8-3-2010; amd. Ord. 1620, 11-17-2020; Ord. 1639, 9-20-2022)