18.12.115 Exemptions and Goal Modifications.
A. Grounds for exemption. An affected employer may request the City to grant an exemption form all CTR program requirements or penalties for a particular worksite. The affected employer shall demonstrate that it would experience undue hardship in complying with the requirements of the ordinance as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if, and only if, the employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of drive alone trips and VMT per employee.
1. Timing. Exemptions may be granted by the City at any time based on written notice provided by the affected employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. The City shall grant or deny the request within 30 days of receipt of the request.
2. Annual review. The City shall review annually all employers receiving exemptions and shall determine whether the exemption will be in effect during the following program year.
3. Other exemptions.
a. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite’s CTR program.
b. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts.
c. The City will use the criteria identified in the CTR Board Administrative Guidelines to assess the validity of employee exemption requests.
d. The City shall review annually all employee exemption requests, and shall determine whether an exemption will be in effect during the following program year.
B. Modification of CTR Program Goals. An affected employer may request that the City modify its program goals. Such requests shall be filed in writing at least sixty (60) days prior to the date the worksite is required to submit its program description and annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. The City will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR Board Guidelines. An employer may not request a modification of the applicable goals until one year after the City approval of its initial program description or annual report. (Ord. M-3919 §12, 2009)