Agenda - City of Santa Monica

eduction plan. In addition, the City’s Planning Director may recommend feasible
modifications to the TDM Plan. Failure to achieve the AVR performance standard as
provided in this Section (A) will not constitute a Default within the meaning of the
Agreement so long as Developer is working cooperatively with the City and taking all
feasible steps to achieve compliance. The term “feasible” shall have the meaning given
that term in Section 21061.1 of the California Public Resources Code.
For purposes of determining AVR, the survey must be conducted in accordance with
Section 9.16.070(d)(2)(1) of the Zoning Ordinance except to the extent modified by this
Agreement below: 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 days
chosen 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 six a.m. and ten a.m., inclusive, and seventy-five percent of
employees who report to or leave work between three p.m. and seven p.m., inclusive.
Employers that achieve a ninety percent 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.
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 Section 9.16.070(d)(2) of the
Zoning Ordinance, except as provided herein.
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. 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 utilizing other shared ride shuttle services for at least 75% of their
commute shall be counted as employees arriving at or leaving the worksite without
vehicles. Employees telecommuting or on their day off under a recognized compressed
work week schedule shall also be counted as employees arriving at or leaving the
worksite without vehicles. Motorcycles shall be counted as vehicles.
iii. A child or student may be calculated
in 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
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