(Chapter added by Ordinance No. 188177; amended by Ordinance No. 188695, effective May 24, 2018.)
(Amended by Ordinance No. 188957, effective June 23, 2018.) The purpose of this Chapter is to describe the required elements of a Transportation and Parking Demand Management (TDM) Plan, and the circumstances under which a pre-approved TDM plan may be submitted. Requiring TDM is intended to prevent, reduce, and mitigate the impacts of development on the transportation system, neighborhood livability, safety, and the environment while reducing transportation system costs.
TDM plans provide residents, employees, and visitors with information and incentives to use transportation methods other than single occupancy vehicles in order to achieve the City’s transportation goals, including reduced reliance on single occupancy vehicles, and reduced vehicle miles travelled.
17.107.020 Required Elements of a Transportation and Parking Demand Management Plan.
(Amended by Ordinance No. 189651, effective September 6, 2019.) A TDM Plan shall include, at a minimum, the following elements:
A. Description of proposed development, including trip generation estimates and proposed auto and bicycle parking. The description may include development anticipated to occur for a period of up to 10 years;
B. Description of existing land uses, traffic conditions, and multimodal facilities in the area within ¼ mile of the site, including (if applicable) any current employee mode split data from the most recent Employee Commute Options (ECO) report submitted to the Oregon Department of Environmental Quality;
C. Performance Targets:
1. Mode split goals shall be based on the performance targets from Policy 9.49.3 in the Transportation System Plan;
2. An ECO survey submitted in Subsection B. shall serve as the baseline mode split, when available. If an ECO survey is not available, census data may be used, or the applicant may submit an independent survey from a professional traffic engineer;
3. Interim performance targets may be determined as a straight line projection from the base year to 2035;
4. Alternate performance targets may be proposed based on the following factors:
a. The relative availability of bicycle, transit, bike share, and car share infrastructure and services;
b. Current TDM strategies that have been implemented by the applicant;
c. Travel characteristics, including schedules, of employees, residents, and visitors;
d. Best practices and performance of comparable sites in Portland and comparable cities;
D. If a site has a TDM Plan approved through a previous land use review, and the applicant is in compliance with the provisions of that Plan, then the TDM Plan may serve as the basis of any subsequent updates. The submittal for a TDM Plan update should include:
1. Demonstration of compliance with neighborhood engagement obligations;
2. Demonstration of compliance with mode split reporting obligations;
3. Evaluation of mode split trends based relative to the performance target;
E. Strategies likely to achieve the identified mode split and parking management performance targets. Strategies may include but are not limited to:
1. Supply, management, and pricing of on-site employee, resident, and student parking;
2. Dissemination of information about alternatives to single-occupant vehicle commuting;
3. Identification of a site or campus TDM coordinator;
4. Financial incentives offered to employees for carpool, car-sharing, transit, bicycling, and walking;
5. For nonresidential uses, strategies to reduce total trips such as telework and/or compressed work week scheduling or on-site housing;
6. For nonresidential uses, the availability of end-of-trip facilities, such as bicycle lockers, showers, and secured bicycle parking.
F. For colleges and hospitals in the Campus Institutional Zone, a neighborhood engagement plan;
G. Reporting as required by Section 17.107.045, including any Performance Monitoring plans proposed by the applicant that exceed the ECO reporting requirements detailed in Section 17.107.045;
H. Ongoing Participation and Adaptive Management plan, specifying what additional actions not detailed in Subsection17.107.020 D. may be utilized to achieve the 2035 performance targets specified in Subsection 17.107.020 C.
17.107.030 Transportation and Parking Demand Management Requirements and Procedures.
(Amended by Ordinance Nos. 189895 and 190251, effective February 5, 2021.)
A. Requirement for Colleges and Medical Centers. Title 33 requires College and Medical Center uses in the campus institutional zones to conform to an approved Transportation Impact review. The application requirements for the Transportation Impact review require the applicant to provide a Transportation and Parking Demand Management Plan that has all the elements required by this Chapter. Approval of the TDM plan is subject to the criteria described in Chapter 33.852.
B. Requirement for Residential Uses. Title 33 requires development in a commercial/mixed use or multi-dwelling zone that includes more than 10 new dwelling units to have a TDM Plan at the time of development permit issuance. Development subject to this requirement may utilize the pre-approved multimodal incentive described in Section 17.107.035, or develop a custom plan approved through Transportation Impact Review, as described in Chapter 33.852.
17.107.035 Pre-Approved Multimodal Incentives for Development.
(Amended by Ordinance Nos. 188957 and 189895, effective March 18, 2020.) As an alternative to preparing a custom TDM plan subject to Sections 17.107.020 through 17.107.030, and Chapter 33.852, an applicant may agree to provide a multimodal incentive plan, preapproved by the City, including, but not limited to, the following:
A. Distribution of transportation options information approved or provided by the Portland Bureau of Transportation for the first 4 years of building occupancy, offered to residents, employees, and visitors;
B. Multimodal financial incentives equal to the value of a 1-year adult TriMet pass per residential unit, for the first year of building occupancy. This obligation will pay for a menu of incentives that will be offered to residents of the site to increase the use of transit, bicycling, walking, and other alternatives to driving alone. Specific rates for affordable dwelling units and market-rate dwelling units are found in the annual fee schedule;
C. Participation in an annual travel survey of residents and employees for the first 4 years of building occupancy;
D. A written acknowledgment by the applicant of the enforcement provisions in Code Section 17.107.050.
17.107.045 Required Reporting.
Employers on sites subject to an approved TDM Plan shall submit Employee Commute Options surveys to the Portland Bureau of Transportation a minimum of every 2 years after initial approval. On residential properties subject to a pre-approved TDM Plan under Section 17.107.035, the building owner or manager is required to actively participate in an annual City travel survey of residents and employees for the first 4 years of building occupancy.
17.107.050 Enforcement and Penalties.
It shall be a violation of this Chapter for any entity or person to fail to comply with the requirements of this Chapter or to misrepresent any material fact in a document required to be prepared or disclosed by this Chapter. Any building owner, employer, tenant, property manager, or person who fails, omits, neglects, or refuses to comply with the provisions of this Chapter shall be subject to a civil penalty of up to $1,000 for every 7-day period during which the violation continues. If an entity or person is fully implementing all other elements of this Chapter, failing to meet performance targets alone shall not be an enforcement violation. The Bureau of Transportation shall seek voluntary compliance for a period of at least 1 month before resorting to penalties.
17.107.060 Administrative Rule Authority.
The Director of Transportation shall adopt administrative rules necessary to achieve the purpose of this Chapter.
The City may charge fees for Transportation and Parking Demand Management goods and services provided, including but not limited to application review, incentives and education, performance monitoring, adaptive management, and compliance and enforcement.