20.90.925

A. Alternative Compliance. An applicant may apply for a User-Defined TDM Strategy as an alternative to those contained in the menu of TDM Strategies in the TDM Program Standards. This process shall be incorporated into the initial development permit or ministerial permit. The decision-making authority shall be the official or body designated to approve that development entitlement or ministerial permit. In the case where the applicant elects to replace an approved TDM plan with a user defined TDM strategy and no other development or ministerial permit would be required, the Director of Planning or the Director's designee, in consultation with the TDM Coordinator, shall have initial decision-making authority to approve a User-Defined TDM Strategy, with an appeal to the City of San José Planning Commission in accordance with the procedures set forth in Section 20.100.220 . of this Code. An applicant may request such approval by submitting an application for a "Special Use Permit" as set forth in Section 20.100.800 of this Code. B. Findings. The Director's determination shall include written findings in support of the decision. In order to grant approval of the User-Defined TDM Strategy, the Director must find that: 1. The proposed alternative is consistent with the purpose and intent of the applicable standards in that the User-Defined TDM Strategy is expected to reduce drive-alone trips and/or VMT to or from the project site; and 2. The proposed alternative is equivalent to or exceeds the effectiveness of meeting the intent of the applicable standards in that the amount of drive-alone trips and/or VMT reduced as a result of the strategy is commensurate with other strategies that are assigned to have the same value of points in the TDM Program Guidelines. C. Conditions. The Director shall impose conditions binding on the applicant to secure substantial compliance with the goals and purposes of this ordinance, including such conditions as necessary to ensure that: 1. The applicant commits in an enforceable agreement that runs with the land to monitor the effectiveness of the User-Defined TDM Strategy to encourage alternatives to drive-alone trips; 2. The applicant shall submit to the TDM coordinator all monitoring data, with monitoring metrics and frequency to be determined at the discretion of the TDM coordinator; and 3. The applicant commits to a substitute strategy of commensurate effectiveness (a strategy assigned equal or more points) if the User-Defined TDM Strategy is terminated for any reason. (Ord. 30857.)