20.90.910

A. Project Requirements. Throughout the lifetime of the Project, the Project will maintain TDM Strategies, selected from the TDM Program Guidelines, sufficient to achieve the required Point Target per Table 20-255. The lifetime of the Project shall mean until such time as the Project is demolished, or such time as the Project is added to or replaced with a new Project that is subject to the requirements of this Part. The Project shall: 1. Applicants shall execute and record a Covenant and Agreement that runs with the land, that an approved TDM Plan and the TDM Strategies contained therein will be maintained throughout the lifetime of the project. A TDM Plan may be modified at the discretion of the TDM Coordinator pursuant to Section 20.90.910.C. No Building Permit shall be issued to a Project without an approved TDM Plan and recorded Covenant and Agreement. a. Implement the TDM Strategies in the Project's approved TDM Plan throughout the lifetime of the Project. b. The owner of a property, or their designee, that contains a project subject to a TDM Plan pursuant to this Section shall submit annually to the TDM Coordinator a TDM Plan Compliance Documentation that includes: i. Documentation showing maintenance of the TDM Strategies in the Project's approved TDM Plan. ii. Upon five consecutive years of a Project submitting timely TDM Plan Compliance Documentation demonstrating compliance with the TDM Program, the annual TDM Plan Compliance Documentation requirement may be reduced in frequency or waived at the discretion of the TDM Coordinator. c. In addition to the above, for Level 2 Projects, as pursuant to Table 20-250, the property owner shall submit annually to the TDM Coordinator a TDM Monitoring Report that includes: i. A travel survey as described in the TDM Program Standards. ii. Parking data as described in the TDM Program Standards. iii. Upon five consecutive years of a Project submitting timely TDM Monitoring Reports demonstrating compliance with the TDM Program, the annual TDM Monitoring Report requirement may be reduced in frequency or waived at the discretion of the TDM Coordinator. d. Level 2 projects shall install available technology to collect ongoing on-site trip count and parking data and submit to the TDM Coordinator no less than once a year. The technology shall be approved by the TDM Coordinator to ensure compatibility with City monitoring methods. B. Requirement to Reduce Trips for Level 2 Projects. All Level 2 projects are subject to trip reductions pursuant to the requirements of the TDM Program Standards. If the project is not meeting these trip reduction requirements, the TDM coordinator shall require modifications to the TDM plan or the project will be subject to enforcement pursuant to 20.90.920 . C. Project Levels and TDM targets. Requirements are scaled to the size and scope of a Project and have corresponding requirements as defined in Subsection 20.90.910.A. There are two Project Levels as defined in Table 20-250. The Level applied to a Project consisting of an addition or change of use is based on the new floor area or the number of residential units contained in the newly constructed floor area or total floor area subjected to the change of use. TABLE 20-250: PROJECT LEVEL THRESHOLDS Use Category Level 1 If a project meets ANY of the criteria below, it is classified in Level 1 Level 2 If a project meets ANY of the criteria below, it is classified in Level 2. Home End Uses 16 - 299 dwelling units 300+ dwelling units Commute End Uses 10,000 - 149,999 sf of gross floor area 150,000+ sf of gross floor area Visit End Uses 100,000 - 249,999 sf of gross floor area 250,000+ sf of gross floor area Other Uses 30,000 sf or more of gross floor area 300,000 + sf of gross floor area Special Uses hotel/motel with 150 - 249 guest rooms, or suites of rooms hotel/motel with 250+ guest rooms, or suites of rooms school, college, or university (which requires building permits from City of San José) with 250 or more students N/A TABLE 20-255: PROJECT REQUIREMENTS Project Level Point Target for HEU/VEU/CEU Uses Point Target for Other Uses TDM Plan and Annual TDM Plan Compliance Documentation TDM Monitoring Report Level 1 Projects 25 Points 5 Points Required Not Required Level 2 Projects 25 Points 5 Points Required Required (Ord. 30857.)