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HomeMy WebLinkAbout85-30 - Amending Chapter 15.40 of the Newport Beach Municipal Code to Add Wording in Sections 15.40.036 and 15.40.050• • • ORDINANCE NO. 85 -30 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.40 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADD WORDING IN SECTIONS 15.40.036 AND 15.40.050. The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 15.40 of the Newport Beach Municipal Code is amended to read: Sections: 15.40.010 15.40.020 15.40.030 15.40.040 15.40.050 15.40.060 15.40.070 15.40.080 Chapter 15.40 TRAFFIC PHASING ORDINANCE Finding. Purpose. Traffic Impact Limitation. Definitions. Procedure Fees. Appeal Severability 15.40.010 Finding. The City Council of the City of Newport Beach finds that congestion of streets and intersections, traffic accidents, interference with emergency vehicles, and general over- crowding of existing neighborhoods have resulted, or will soon result, from inadequate phasing of commercial, industrial and residential growth, in relation to traffic capacity, which is harmful to the public health, safety and general welfare, (Ord. 1787 S 1 (part), 1979: Ord. 1765 S 1 (part), 1978). 15.40.020 Purpose. The City Council of the City of Newport Beach declares that aggravation of these conditions can be avoided, eliminated or alleviated by enacting the following, designed to permit major development only in those areas of the City of Newport Beach where adequate transportation facilities exist, are being implemented, or will be installed in conjunction with the development which will accommodate the traffic generated by such development, or where other trip generation reductions are adopted which will alleviate traffic impacts. (Ord. 1787 S 1 (part), 1979: Ord. 1765 5 1 (part), 1978). 15.40.030 Traffic Impact Limitation. (A) Limitation. No build- ing or grading permit shall be issued, and no construction shall be commenced, for any project not exempt from this Chapter until the Planning Commission of the City of Newport Beach shall make a written finding that the proposed project: i (i) is anticipated to commence construction within sixty (60) months of project approval; and (a) will neither cause nor make worse an unsatisfactory level of traffic service on any "major," "primary- modified" or "primary" street; or will include major benefit to the circulation system; or to the majority of the h will result in a net (c) complies with (i -a) above upon completion of a major inter- section improvement or roadway link which is clearly beyond the scope of the project so long as the identified improvement is anticipated to commence within sixty (60) months of the approval date and the project makes a financial contribution determined at the time of approval which is in addition to any other TPO requirement and the Fair Share Traffic Contribution; or • (d) shall be excepted pursuant to subsection (D) of this sec- tion; provided, however, that such finding shall state the exception granted and the facts which justify the exception; or ii) is part of a comprehensive development agreement which: land use ct to a (a) because of the length of time involved in a development phasing program does not lend itself to a standard traffic phasing analysis; and tments by the developer; and (c) has included a comparable traffic analysis including eval- uation of both roadway and intersection capacity; and (d) results in a net benefit to the circulation system. (B) Hearing. The Planning Commission shall hold a public hearing, noticed in the manner provided in Section 20.80.050(B) of the Newport Beach Municipal Code, and shall make its written findings supported by the weight of the evidence. (C) Exemption. Any commercial or industrial project which has a • gross floor area equal to or less than 10,000 square feet unless said commercial or industrial project will have an Average Daily Trip generation of more than 130 daily trips; or any residential project of 10 dwelling units or less shall be exempt from the requirements of this Chapter. (D) Exceptions. The Planning Commission shall except any project from the requirements of this Chapter: (i) if it shall find that the City has issued a building or grading permit for the project prior to the effective date of this Chapter and that the person to whom such permit was issued has in good faith and in reliance upon such permit diligently commenced con- struction and performed and incurred substantial liabilities for work and materials necessary therefor. No change causing a substantial increase in traffic volumes may be made in such project, except in accordance with the provisions of this Chapter; (ii) if it shall find that traffic during any a.m. or p.m. 2.5 hour peak traffic period on each leg of each critical intersection will be increased by less than 1% by traffic generated from the project during that a.m. or p.m. 2.5 hour period; (iii) if, by a vote of four - fifths (4 /5ths) of the members eligible to vote, it shall make a decision, supported by a written finding setting forth its reasons therefor, that the benefits of the project, including trip generation reductions, outweigh the project's is anticipated negative impact on transportation facilities. The City Council shall not grant the exception under this subsection (iii) on appeal or review until it shall have first made the findings required by this subsection supported by an affirmative vote of four - fifths (4 /5ths) of its members eligible to vote. - 2 - (E) Action. The application for any building, grading or other permit on a project, which is not exempt from this Chapter, shall be approved, conditionally approved or denied within one year from the date on which said application has been received and accepted as complete by the City. Any appeal to the City Council from an action by the Planning Commission on an application or a determination by the City Council to review an application, shall be made within the time • periods set out in Sections 20.80.070 and 20.80.075 of the Newport Beach Municipal Code. In the event action is not taken on an applica- tion within the time limits hereof, such failure shall be deemed approval of the project which otherwise is consistent with the ordi- nances and General Plan of the City of Newport Beach. (Ord. 1787 5 1 (part), 1979: Ord. 1777 S 1, 1978; Ord. 1765 5 1 (part), 1978). (F) Expiration. (i) Any approval granted in accordance with this Chapter shall expire within 24 months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently construction is diligently pursued until completion unless, at the time of approval. the Plannina Commission or Citv cil has specified a different period of time. For any approval ted in accordance with this chapter for an anticipated con - ction schedule beyond 24 months from the date of approval, the ning Commission or City Council shall establish a specific ex- tion date which shall be no less than 12 months from the antic- ad start of construction. (ii) Any approval granted in accordance with this Chapter prior he adoption of this sub- section shall expire within 24 months from date of approval of this sub- section if a building permit has not is diligently pursued until completion. An approval previously granted with multiple phases which extend bevond 24 months from the date of adoption of this subsection shall expire within 12 months the anticipated construction date if a building permit has not issued prior to the expiration date and subsequently constructi diligently pursued until completion. The Planning Commission or Council may, upon review and approval of a revised Traffic E using current data, approve a revised phasing program and esta expiration dates for a Droiect Dreviouslv approved pursuant to iii) Any approval granted in accordance with this Chapter which es a phase or phases bevond 24 months shall be reviewed for 15.40.040 Definitions. The following terms used in this Chapter shall have the meanings indicated below: UNSATISFACTORY LEVEL OF TRAFFIC SERVICE means peak period traffic service which is worse than Level of Service °D' for one hour de- termined according to standard traffic engineering practices. PROJECT shall be determined by reference to the California Environmental Quality Act [California Public Resources Code S 21000 et seq.] and the administrative guidelines established thereunder. LEVEL OF SERVICE 'D' shall mean that level of traffic service set forth as "Level of Service 'D"' in the Highway Capacity Manual (1965) or any subsequent edition thereof, provided, however, that such level of service shall not exceed the most appropriate of the following criteria, as applicable: • (i) intersection capacity utilization of 0.90; (ii) other criteria selected by the City Traffic Engineer which are consistent with subsection (i), and which have been reviewed and approved by the Planning Commission. - 3 - CRITICAL INTERSECTION shall mean any intersection operating at an unsatisfactory level of traffic service, either prior to or as a result of a project, on any "major," "primary- modified," or "primary" street. 15.40.050 Procedure. Subject to review by the Planning Commis- sion, the City Traffic Engineer, exercising professional discretion, shall: (A) Determine traffic periods, streets and intersections which will be significantly affected by the proposed project, taking into account the type, character and location of the proposed project, as well as the character of the streets which will serve the project; (B) Determine if the project, when complete, will cause or make worse an unsatisfactory level of traffic services at any such street or intersection; (C) 1. Establish standard trip generation figures of project. Alternate trip generation rates may only be allowed based upon ade- quate documentation satisfactory to the Traffic Engineer and shall be subject to review by the Planning Commission or City Council. 2. Establish criteria for calculating trip generation re- ductions which may result from specific measures proposed by the applicant. The Planning Commission shall specifically find that any such measures can be adequately quantified and guaranteed to assure • the long -term validity of such reductions prior to their includion in the traffic analysis; 3. Establish the bases for performing the traffic analysis at project completion; (D) Transmit these determinations to the Planning Commission with recommendations. (Ord. 1787 5 1 (part), 1979: Ord. 1765 5 1 (part), 1978). 15.40.060 Fees. The application shall be accompanied by a fee as established by resolution of the City Council to defray the expense of administering this Chapter. (Ord. 1787 5 1 (part), 1979: Ord. 1765 5 1 (part), 1978). 15.40.070 Appeal. (A) Any determination of the Planning Commission shall be final unless there shall be an appeal by the applicant or any other person pursuant to the procedure set forth in Section 20.80.070 of the Newport Beach Municipal Code. Such appeal shall be limited to evidence presented before, and the findings of, the Planning Commission. (B) The City Council shall have a Right of Review as set forth in Section 20.80.075 of the Newport Beach Municipal Code, as limited above. (C) The City Council shall make its written finding in the same • manner as set forth in Section 15.40.030 of this Chapter. (Ord. 1787 5 1 (part), 1979: Ord. 1765 5 1 (part), 1978). 15.40.080 Severability. If any section or portion of this Chapter is declared invalid, the remaining sections or portions are to be considered valid. (Ord. 1787 5 1 (part), 1979: Ord. 1765 5 1 (part) , 1978). - 4 - "MAJOR," "PRIMARY- MODIFIED" or "PRIMARY" street shall be defined by the General Plan of the City of Newport Beach, Circulation Element. • ELIGIBLE TO VOTE shall mean all members lawfully holding office except those disqualified from voting due to a conflict of interest. (Ord. 1787 5 1 (part) , 1979: Ord. 1777 5 2, 1978: Ord. 1765 5 1 (part), 1978). 15.40.050 Procedure. Subject to review by the Planning Commis- sion, the City Traffic Engineer, exercising professional discretion, shall: (A) Determine traffic periods, streets and intersections which will be significantly affected by the proposed project, taking into account the type, character and location of the proposed project, as well as the character of the streets which will serve the project; (B) Determine if the project, when complete, will cause or make worse an unsatisfactory level of traffic services at any such street or intersection; (C) 1. Establish standard trip generation figures of project. Alternate trip generation rates may only be allowed based upon ade- quate documentation satisfactory to the Traffic Engineer and shall be subject to review by the Planning Commission or City Council. 2. Establish criteria for calculating trip generation re- ductions which may result from specific measures proposed by the applicant. The Planning Commission shall specifically find that any such measures can be adequately quantified and guaranteed to assure • the long -term validity of such reductions prior to their includion in the traffic analysis; 3. Establish the bases for performing the traffic analysis at project completion; (D) Transmit these determinations to the Planning Commission with recommendations. (Ord. 1787 5 1 (part), 1979: Ord. 1765 5 1 (part), 1978). 15.40.060 Fees. The application shall be accompanied by a fee as established by resolution of the City Council to defray the expense of administering this Chapter. (Ord. 1787 5 1 (part), 1979: Ord. 1765 5 1 (part), 1978). 15.40.070 Appeal. (A) Any determination of the Planning Commission shall be final unless there shall be an appeal by the applicant or any other person pursuant to the procedure set forth in Section 20.80.070 of the Newport Beach Municipal Code. Such appeal shall be limited to evidence presented before, and the findings of, the Planning Commission. (B) The City Council shall have a Right of Review as set forth in Section 20.80.075 of the Newport Beach Municipal Code, as limited above. (C) The City Council shall make its written finding in the same • manner as set forth in Section 15.40.030 of this Chapter. (Ord. 1787 5 1 (part), 1979: Ord. 1765 5 1 (part), 1978). 15.40.080 Severability. If any section or portion of this Chapter is declared invalid, the remaining sections or portions are to be considered valid. (Ord. 1787 5 1 (part), 1979: Ord. 1765 5 1 (part) , 1978). - 4 - u ATTEST: CITY CLERK SR11 • AYES, COUNCIL MEMBERS Agee, Cox, Hart, Maurer NOES, COUNCIL MEMBERS Strauss ABSENT, COUNCIL MEMBERS Heather, Plummer - 5 - SECTION 2. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty • days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28th day of October , 1985, and was adopted on the 12th day of November 1985, by the following vote, to wit: u ATTEST: CITY CLERK SR11 • AYES, COUNCIL MEMBERS Agee, Cox, Hart, Maurer NOES, COUNCIL MEMBERS Strauss ABSENT, COUNCIL MEMBERS Heather, Plummer - 5 -