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<br />ORDINANCE NS-2124 <br />PAGE TEN <br /> <br />il33 <br /> <br />30% to a property owner or its designee if a TDM program is <br />prepared and submitted. Receipt of a trip reduction credit <br />shall require participation in a TDM program with a penalty <br />fee schedule approved by the Director. The penalty fee <br />schedule shall establish penalty fees in proportion to the <br />excess of peak hour vehicle trips over the performance <br />requirement. <br /> <br />(b) The TDM program shall describe actions to be taken <br />to reduce peak hour commute related travel demand, including <br />a discussion of: <br /> <br />(1) Responsibilities of property owners and <br />tenants. <br /> <br />(2) Facility improvements. <br />(3) Financial incentives. <br />(4) Vehicular operations. <br />(5) Monitoring, reporting, and enforcement. <br />(6) Contingency and remedial actions. <br /> <br />(c) The TDM program shall be designed and implemented to <br />ensure that traffic generated by the proposed project does not <br />exceed a specified number of peak hour vehicle trips (the <br />performance requirement) conforming to the trip generation <br />estimates in the environmental impact report or mitigated <br />negative declaration issued for the project after the trip <br />reduction credit has been applied. <br /> <br />(d) Adherence to the performance requirement shall be <br />determined by conducting annual traffic counts at the drive- <br />way(s) of the project site. It shall be the responsibility of <br />the owner or associated owners of the project site to provide <br />traffic count documentation in accordance with standards set <br />by the Director. Such documentation shall be subject to city <br />verification. Vehicles entering and leaving the project site <br />during the peak period shall be counted on Tuesday, Wednesday, <br />and Thursday for two consecutive weeks during the period of <br />January 15 through May 20 or September 20 through November 20. <br />The average peak hour total vehicular volumes shall be <br />calculated and serve as the basis for evaluation. <br /> <br />(e) The city shall <br />designee, in writing, <br />performance requirement. <br /> <br />notify the property owner(s) or its <br />of failure to comply with the <br /> <br />(f) If the performance requirement is not satisfied, the <br />property owner(s) shall: <br /> <br />10 <br />