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VIII TRANSPORTATION DEMAND MANAGEMENT (TDM) REQUIREMENT Kaiser shall develop and implement a TDM program ("Approved TDM Program") based on an employee transportation survey, to the satisfaction of the City of San Leandro Community Development Director and Engineering and Transportation Director, no later than the issuance of the first certificate of occupancy for the project (either by the City of office of Statewide Health, Planning, and Development [OSHPD]) in accordance with the requirements of Mitigation Measure AQ2 and the MMRP. A. Two years after the issuance of the first certificate of occupancy and every three years thereafter, Kaiser shall prepare for the life of the Project, subject to City review and approval, a TDM Report that summarizes Kaiser's transportation program over the preceding years, intended upcoming changes, and compliance with the conditions of this program. The reports shall be submitted to the City in April, based upon surveys done in February/March, as detailed below. B. The TDM Report shall be prepared and presented in the following manner: The TDM Report shall include a comparison to historical findings. If participation rate has changed significantly, a detailed description as to why the rate has changed is required. Each TDM Report shall consist of the following: Employee Transportation Survey -Kaiser shall conduct acommuter/TDM survey of its employees at the Kaiser Medical Center twice annually for the first two years and annually thereafter to determine the effectiveness of the TDM program. The survey shall identify the various means of transportation to work used by employees, the quantities of employees using each, and the improvements that can be made to the TDM program. Should it be determined that the TDM program objectives often to fifteen percent single-occupant vehicle reduction are not being achieved, then the applicant and the City shall meet to jointly determine the feasibility of additional or modified measures designed to achieve this objective. The City Community Development Director and Engineering and Transportation Director shall have the final authority and discretion (subject to appeal to the Planning Commission) to determine additional or modified measures that maybe needed to achieve the TDM reduction target. Kaiser shall implement the additional or modified measures. The survey shall be conducted and distributed to approximately half the employee population. Preferably the same survey template and method shall be used to avoid incomparable survey results, which shall be subject to review and approval by the City. The response rate shall be a minimum of 30%. If a 30% response rate can not be obtained, anon-response survey shall be conducted. A survey response database shall be created with audit trail (each entry has a separate ID number, but without link to each individual). PLN2009-00030 Page 14 of 47 Conditions of Approval May 3, 2010