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HomeMy WebLinkAbout31 - Traffic Phasing Ordinance RevisionsCouncil Meeting: January 11, 1999 Agenda Item No. 31 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY January 11, 1999 TO: Mayor & Members of the City Council FROM: Robert H. Burnham, City Attorney RE: Traffic Phasing Ordinance Revisions On December 14, 1998, the City Council reviewed proposed amendments to the Traffic Phasing Ordinance (TPO). The Council directed staff to place the proposed amendments on the January 11, 1999 agenda and provide additional information. In response to this direction we are providing the Council with the following: 1. The most current draft of the revised TPO (amended after the last TPO Working Group meeting); 2. The most current draft of revised "Administrative Guidelines" (which are to be incorporated into the Municipal Code); 3. The provisions of the Circulation Element that are referenced in the proposed revisions to the TPO; 4. A list of intersections the Council could "exempt' from TPO compliance; 5. The Fair Share Traffic Contribution Ordinance. The proposed revisions to the TPO are intended to address two legal issues and codify the procedures used to evaluate the traffic impacts of projects. Recent court rulings have invalidated conditions to project approval that were not "roughly proportional' to project impacts. The courts have also required cities to make, or at least approve, circulation system improvements contemplated by the general plan when the improvement is a condition to a property owner's right to develop. January 11, 1999 page 2 The following is a summary of the more significant proposed revisions to the TPO: 1. Section 15.40.030 (B)(2) - creates an exemption for any project that does not generate sufficient trips to increase the ICU at any Critical Intersection by at least .01. This eliminates a "rounding" problem in administering the current TPO and guidelines. 2. Section 15.40.030 (B)(3) — exempts certain projects approved by the County or an adjacent city from compliance with the TPO. This amendment would facilitate the annexation of territory within our sphere of influence consistent with the approach approved for Bonita Canyon. 3. Section 15.30.035(B) — ensures that Traffic Studies will include trips from projects that have been approved pursuant to the TPO but not yet built (committed projects). This codifies an existing practice that is not required by the current TPO. 4. Section 15.40.050 — defines Critical Intersections by reference to major intersections in the Circulation Element and allows certain Critical Intersections to be deemed "Exempt'. An Exempt Intersection is one which (i) is predicted to function above .90 ICU; (ii) would function at or below .90 ICU if a Circulation Element improvement was made; (iii) the improvement is not included in the 5 Year Capital Improvement Plan; and (iv) the City Council makes certain findings. The purpose of the "Exempt Intersection" concept is to avoid the potential for a court to require the City to make an improvement opposed by the City Council and the community. 5. Section 15.40.050 — incorporates the procedures for a Traffic Study into the TPO. This updates and strengthens the procedures to reflect current traffic engineering practices. 6. Section 15.40.075 — ensures that a project proponent is only required to pay fees or make improvements that are 'roughly proportional to project impacts. This addresses one of the two legal issues. I January 11, 1999 page 3 Recommendation Staff recommends the City Council initiate amendments to the TPO consistent with the attachments and the following public review /public hearing process: 1. Presentation to EQAC on January 18, 1999. 2. Presentation to EDC on January 27, 1999. 3. Public Hearing at the Planning Commission on February 18, 1999. 4. Public Hearing at the City Council on March 8, 1999. ROBERT H. BURNHAM City Attorney 'F7 Attachments F: \Cat \Shared \C C memo \TPOrevisions011199.doc 3 Chapter 15.40 TRAFFIC PHASING ORDINANCE SECTIONS: 15.40.010 Findings. 15.40.020 Objectives. 15.40.030 Standards for Approval /Compliance /Exemptions. 15.40.035 Override /Expiration. 15.40.040 Definitions. 15.40.050 Procedures. 15.40.060 Hearings /Notice. 15.40.070 Appeal /Review. 15.40.075 Proportionality. 15.40.080 Severability. 15.40.010 Findings. A. The phasing of development with circulation system improvements to accommodate Project generated traffic is important to maintaining the high quality of the residential and commercial neighborhoods in Newport Beach; B. While some development may be important to the continued vitality of the local economy, the City should continue to utilize growth management techniques, such as requiring mitigation of traffic impacts by Project proponents, to ensure the circulation system functions as planned; C. Circulation system improvements should not alter the character of neighborhoods or result in the construction of streets and highways which expand the capacity of the roadway system beyond levels proposed in the Circulation Element; D. This Chapter and the Fair Share Traffic Contribution Ordinance are consistent with the authority of a public entity to require proponents to make or fund improvements to mitigate the impacts of Project generated traffic on major intersections. 15.40.020 Objectives. The City Council has adopted this Chapter to achieve the following objectives: A. To provide a uniform method of analyzing and evaluating the traffic impacts of Projects that generate a substantial number of average daily trips and /or trips during the morning or evening peak hour traffic periods; B. To identify Circulation System Improvements that will accommodate Project traffic and ensure that development is phased with identified circulation system improvements; C. To require Project proponents, as conditions of approval, to construct or contribute to the construction of those circulation system improvements necessary to mitigate the impacts of Project traffic; D. To provide a mechanism for ensuring that a Project proponent's cost of complying with traffic related conditions to Project approval is roughly proportional to Project impacts; and E. To facilitate, in conjunction with other ordinances, policies, programs and resolutions of the City of Newport Beach, implementation of the programs and improvements identified in the Circulation Element of the City of Newport Beach. 15.40.030 F.11 Standards for Compliance /Approval /Exemptions. Standards for Approval. Unless a Project is exempt as provided in Subsection B, no building, grading or related permit shall be issued for any Project until the Project has been approved pursuant to this Chapter (approved). A Project shall be deemed approved only if the Planning Commission, or the City Council on review or appeal, finds that the Traffic Study has been prepared in compliance with Appendix A and that: 1. Construction of the Project will be completed within sixty (60) months of project approval; and a. The Project will neither cause nor make worse an Unsatisfactory Level of Traffic Service at any Critical Intersection; OR b. The Project proponent is required to construct or fund, in whole or in part, Circulation System Improvements such that: (i) The Project will not cause or make worse an Unsatisfactory Level of Traffic Service at any Critical Intersection for which there is a Feasible Improvement; and (ii) The benefits to traffic circulation resulting from 2 Circulation System Improvements constructed or funded, in whole or in part, by the Project proponent outweigh the adverse impacts of Project traffic on Critical Intersections; and (iii) There is an overall reduction in Levels of Service at Critical Intersections because of Circulation System Improvements required, or funded, in whole or in part, by the Project proponent; OR C. The Project complies with (1)(a) upon the completion of one or more Circulation System Improvements; and: (i) The time and money necessary to complete the Improvement(s) is (are) not roughly proportional to the impacts of Project generated trips; and (ii) There is a strong likelihood the Improvement(s) will be completed within forty -eight (48) months from the date the Project and Traffic Study are considered by the Planning Commission, or City Council on review or appeal. This finding shall not be made unless, on or before the date the Traffic Study and the Project are considered, a conceptual plan for the (each) Improvement has been prepared in sufficient detail to permit preparation of cost estimates and funding estimates for the Improvement(s), the Improvement(s) is (are) consistent with the Circulation Element or appropriate amendments have been initiated and an account has been established to receive all funds and contributions necessary to construct the Improvement(s); and (iii) The Project proponent pays a fee to fund construction of the Improvement(s). The fee shall be calculated by multiplying the estimated cost of the Improvement(s) by a fraction equal to the number of Project generated trips at the Critical Intersection divided by the projected total additional trips at that Critical Intersection from development authorized in the Land Use Element. OR 2. The Project is a comprehensive phased land use 3 development and circulation system improvement plan with construction of all phases not anticipated to be complete within sixty (60) months of Project approval and; a. The Project is subject to a development agreement which requires the construction of, or contributions to, Circulation System Improvements early in the development phasing program; and b. The Traffic Study contains sufficient data and analysis to determine if that portion of the Project reasonably expected to be constructed and ready for occupancy within sixty (60) months of Project approval satisfies the provisions of Subsection 1a or 1b; and C. The Land Use and Circulation Elements of the General Plan are not made inconsistent by the impact of Project generated trips (including Circulation System Improvements designed to mitigate the impacts of Project generated trips) when added to the trips resulting from development anticipated to occur within the City based on the Land Use Element of the General Plan and Zoning Ordinance; and d. The Project is required, during the sixty (60) month period immediately after approval, to construct Circulation System Improvement(s) such that: (i) An Unsatisfactory Level of Service will not be caused or made worse at any Critical Intersection for which there is a Feasible Improvement; and (ii) The benefits to traffic circulation resulting from the Circulation System Improvements outweigh the increased traffic congestion at impacted Critical Intersections which were not improved; or (iii) There is an overall reduction in Levels of Service at impacted Critical Intersections during peak periods because of the Circulation System Improvements constructed or funded, in whole or in part, by the Project proponent; OR 3. The Planning Commission or City Council on review or appeal finds, by the affirmative vote of four -fifths of the members Eligible to Vote that this Chapter is inapplicable to the Project because the Project will result in benefits, such - 4 as trip generation reductions, that outweigh the Project's anticipated negative impact on the circulation system. B. Exemptions. The following Projects are exempt from the provisions of this Chapter: 1. Any Project that generates no more than three hundred (300) daily trips. This exception shall not apply to individual Projects on the same parcel or parcels of property, such as changes in land use or increases in floor area, that in any twenty four (24) month period cumulatively generate more than 300 average daily trips; 2. Any Project which does not generate additional trips on any leg of any Critical Intersection during any a.m. or p.m. peak hour traffic period sufficient to increase the service level at any Critical Intersection by at least .01 ICU; 3. Any Project which meets all of the following criteria: a. The Project will be constructed on property that is within the jurisdiction of the County of Orange or an adjacent city as of the effective date of this Ordinance: and b. The Project has received final discretionary approval from the County or adjacent city. The term "final discretionary approval" shall mean approval or certification of any general plan amendment, zoning amendment or zoning document, any component of a Local Coast Program, subdivision map, use permit, site plan review, environmental document or similar land use decision. The term "final discretionary approval" does not mean any building, grading or other permit issued by an officer or employee of a public entity. C. The Project is subject to a development agreement, pre- annexation agreement or similar agreement between the property owner and the City of Newport Beach that, subject to Subsection (d), vests the right of the property owner to construct only the development approved by the County or adjacent City; and d. The development agreement, pre- annexation agreement, or similar agreement between the property owner and the City of Newport Beach; (i) establishes the average daily trips generated by the 5 Project ( "baseline') and (ii) requires the property owner to comply with this Chapter prior to the issuance of any permit for development which would generate three hundred (300) average daily trips more than the baseline; and e. The "final discretionary approval" by the County or adjacent city included the approval or certification of an EIR, report or study that evaluates the traffic impacts of the Project. This Subsection shall not be construed as requiring a Project Proponent to comply with this Chapter or to prepare any additional traffic study or environmental analysis for the Project subsequent to annexation. 15.40.35 Expiration A. Any Approval of a Project reasonably expected to be complete within twenty- four (24) months from the date of Approval shall expire unless a building permit has been issued for the Project and construction has commenced within that period. B. In the event the Project is not reasonably expected to be complete within twenty -four (24) months from the date of Approval, the Project shall be considered "Committed" and the trips generated by that project shall be included in all subsequent Traffic Studies conducted pursuant to this Chapter. The Project shall continue in "Committed" status until such time as the Planning Commission or City Council determines that Approval of the Project has expired. C. The Planning Commission or City Council may, on the date of Approval or subsequent to the date of Approval, establish a specific date on which the Approval of a Project pursuant to this Chapter shall expire. In no event shall the date of expiration be less than twenty -four (24) months from the date of Approval. D. The Planning Director and Traffic Manager shall monitor the progress of any Project to ensure compliance with this Chapter. 15.40.040 Definitions. below: The following terms used in this Chapter shall have the meaning indicated A. "Critical Intersection" shall mean those intersections identified in Table IV of the Circulation Element of the City of Newport Beach except any Exempt Intersection. 6 B. "Exempt Intersection" shall mean any Critical Intersection that is predicted to function above LOS D by 2010 according to NBTAM and the City Council finds, by the affirmative vote of five of the members Eligible to Vote and at a noticed public hearing, that: 1. The Critical Intersection would function at or below LOS D upon completion of Circulation System Improvement(s) (to the Critical Intersection and /or roadway link) identified in the Circulation Element; 2. The Improvement(s) will not be included in the then current Five Year Capital Improvement Program; 3. The Circulation System Improvement(s) that would cause the Critical Intersection to function at or below LOS D could adversely impact the residents or businesses in the immediate area; 4. The Exempt Intersection is designated in Appendix B. An Exempt Intersection shall become a Critical Intersection immediately upon approval of a Traffic Study that concludes the intersection fails to meet any of the criteria in this Subsection. An Exempt Intersection shall, for the purposes of this Chapter, be considered a Critical Intersection for all purposes except the provisions of Section 15.40.030. The impact of Project trips on any Exempt Intersection shall be evaluated in the Traffic Study for the Project. C. "Eligible to vote" shall mean all members lawfully holding office except those disqualified from voting due to a conflict of Interest. D. "Feasible Improvement" means a Circulation System Improvement contemplated by, or consistent with, the Circulation Element or any amendment(s) to the Circulation Element initiated and approved in conjunction with approval of the Project; E. "ICU" means the intersection capacity utilization calculation computed in accordance with standard traffic engineering principles and the procedures outlined in Appendix A. F. "Level of Service" shall mean the letter assigned to a range of ICU's in accordance with Appendix A. G. "Circulation System Improvements" or "Improvements" shall mean a physical change to a Critical Intersection and /or a roadway link but shall not include resurfacing, re- striping or other similar changes. H. "Circulation Element" shall mean the Circulation Element of the General Plan of the City of Newport Beach as amended from time to time. 7 I. "Project' shall mean "project' as defined in the California Environmental Quality Act (Public Resources Code � 21000 et sec.), the CEQA Guidelines, and relevant decisional law without regard to whether any environmental document would be required. The term "Project' shall also mean any application for a building or grading permit for development that would generate more than three hundred (300) average daily trips unless specifically exempt pursuant to Section 15.40.030(B). J. "Traffic Manager" shall mean the person employed by the City and who occupies the position of Traffic and Development Services Manager or similar position. K. "Traffic Engineer" shall mean the traffic engineer retained by the City to prepare the Traffic Study. L. "Traffic Study" shall mean the study prepared by theTraffic Engineer in strict compliance with this Chapter including Appendix A. M. "Unsatisfactory Level of Service" shall mean a Level of Service at a Critical Intersection, which is worse than Level of Service "D" (.90 ICU), during any a.m. or p.m. peak hour period determined in accordance with standard traffic engineering practices. N. "NBTAM" means the most current City Council approved traffic model for the City of Newport. 14.40.050 Procedures. A. The Planning Commission shall determine compliance with this Chapter based on the Traffic Study for the Project, information from staff and /or the Traffic Engineer, and the entire record of the proceedings conducted with regard to the Project. The Traffic Study shall be prepared in compliance with Appendix A. B. Subject to review by the Planning Commission, the Traffic Manager in the exercise of his /her professional discretion, shall; 1. Direct the preparation of each Traffic Study by a Traffic Engineer retained by the City to determine those Critical Intersections that may be impacted by the proposed Project; 2. Ensure that each Traffic Study is prepared in compliance with the methodology described in Appendix A and independently evaluate the conclusions of the Traffic Engineer; N. 3. Make recommendations to the Planning Commission and /or City Council with respect to the criteria for evaluating trip reduction measures, the appropriate trip generation rates of various land uses and otherwise ensure that the Traffic Studies conducted pursuant to this Chapter reflect modern transportation engineering practice. C. Any finding or decision of the Planning Commission with respect to any Project that also requires discretionary action on the part of the City Council, such as an amendment to the General Plan or Zoning Ordinance, shall be deemed an advisory action. In such cases the City Council shall take any action required by this Chapter at the same date and time that the City Council considers the other discretionary approvals required by the Project. D. The application for any building, grading or other permit for any Project subject to this Chapter shall be approved, conditionally approved or denied within one year from the date on which the application is deemed complete. In the event action is not taken on an application within one year, the Project shall be deemed approved provided it is consistent with the General Plan and Zoning Ordinance of the City of Newport Beach. E. A fee as established by resolution of the City Council to defray the expenses of administering this Chapter shall accompany the application for a Traffic Study. The application for a Traffic Study shall be submitted in compliance with Appendix A. 15.40.60 Hearings /Notice. A. The Planning Commission, and the City Council on appeal or review, shall hold a public hearing on any Project pursuant to this Chapter. The public hearing on the Traffic Study may be consolidated with other hearings required by the proposed Project. The hearing shall be noticed in the manner provided in Section 20.91.030C of the Newport Beach Municipal Code or any successor provision. B. All findings required or provided for in this Chapter shall be in writing and supported by the weight of the evidence in the entire administrative record for the Project including the Traffic Study. 15.40.070 Appeal /Review. A. With respect to this Chapter, any Planning Commission decision on a Project shall be final unless there is an appeal by the Project proponent or any interested person. The appeal shall be initiated and conducted pursuant to the procedures set forth in Chapter 9 20.95 of the Newport Beach Municipal Code or any successor provision; B. The City Council shall have a right of review as specified in Chapter 20.95 of the Newport Beach Municipal Code or any successor provision; C. The City Council shall be subject to the same requirements as the Planning Commission relative to decisions and findings required by this Chapter. 15.40.075 Proportionality. A. In no event shall the Planning Commission or City Council on review or appeal: 1. Impose any condition or conditions to the approval of a Project which would require the Project proponent to construct one or more Circulation System Improvement(s) if the total cost of required Improvements, when added to other fees required by this Chapter, is not roughly proportional to the impact of trips generated by the Project; or 2. Impose any condition or conditions to the approval of a Project which, individually or in conjunction with other fees or charges imposed on the Project proponent by the City, require the payment of fees or that are not roughly proportional to the impacts of trips generated by the Project. C. The provisions of this Section shall not limit or restrict the authority of the Planning Commission, or City Council on review or appeal, to impose all feasible mitigation measures pursuant to the provisions of applicable law, including CEQA and the CEQA Guidelines. D. The provisions of this Section shall not require approval of any Project if the Planning Commission, or City Council on review or appeal, is unable to make the findings required for approval pursuant to this Chapter. E. The provisions of this Section shall not require approval of any Project which the Planning Commission is authorized to deny or modify pursuant to any State law or City ordinance, resolution or plan. F. The provisions of this Section shall not limit or restrict the authority of the Planning Commission, or City Council on review or appeal, to impose conditions, fees, exaction or dedications pursuant to: (1) a development agreement; (2) a reimbursement agreement; (3) any other agreement acceptable to the Project proponent; or (4) an 10 amendment to the Land Use Element or Zoning Ordinance of the City of Newport Beach. 15.40.080 Severabililty. If any section or portion of this Chapter is declared invalid, the remaining Sections or Subsections are to be considered valid. flcat \Shared \Ordina nce \TP0\TpoModification010699.doc 11 APPENDIX A ADMINISTRATIVE PROCEDURES FOR IMPLEMENTING THE TRAFFIC PHASING ORDINANCE 1. General. These Administrative Procedures (Procedures) apply to any Project for which a Traffic Study is required by the Traffic Phasing Ordinance (TPO). 2. Application. a. The proponent of any Project subject to the TPO shall (i) file an application for a Traffic Study; (ii) pay the required fees and (iii) sign an agreement to pay all costs related to the Traffic Study b. The application shall be accompanied bythe following information: A complete description of the Project including the total amount of floor area to be constructed and the amount of floor area allocated to each proposed land use; ii. A Project site plan that depicts the location and intensity of proposed development, the location of points of ingress and egress, and the location of parking lots or structures; iii. Any proposed Project phasing; iv. Any trip reduction measure proposed by the Project proponent; V. Any information, study or report that supports any request by the Project proponent to use trip generation rates that differ from those used in the NBTAM or most current version of the ITE Manual or the SANDAG Manual. if the Traffic Manager determines those rates are more appropriate for purposes of the Traffic Study; and vi. Any other information that, in the opinion of the Traffic Manager, is necessary to properly evaluate the traffic impacts of the Project or the Circulation System Improvements that could mitigate those traffic impacts. 3. Traffic Study Assumptions. a. The definitions in Section 15.40.050 of the Newport Beach Municipal Code shall be applicable to these Guidelines. b. ICU calculations shall assume a lane capacity value of 1600 vehicles per hour of green (vphg) for both through and turn lanes. No factor for yellow time shall be included in the lane capacity assumptions. ICU calculations shall be carried to three decimal places and rounded to two decimal places. C. Circulation System Improvements may be included in the Traffic Study for a Project provided that the Traffic Manager determines: The Improvement will be completed no more than one year after completion of the Project or Project phase for which the Traffic Study is being performed; and ii. The Improvement is included in the Circulation Element of the General Plan, and is defined in sufficiently precise terms to allow the Traffic Engineer to conduct an ICU analysis; or iii. The design of the Improvement been approved by the City Council, or other public entity with jurisdiction over the Improvement, and is defined in sufficiently precise terms to allow the Traffic Engineer to conduct an ICU analysis. d. Traffic volumes shall be based on estimates of traffic volumes expected to exist one year after completion of the Project, or that portion of the Project for which the Traffic Study is being performed. The intent of this Subsection is to ensure use of the most accurate information to estimate traffic volumes one year after Project completion and to avoid duplication of trips. Traffic volume estimates shall be based on: Biennial field counts conducted for each Critical Intersection with counts taken on weekdays during the morning and evening peak hour periods between February 1 and May 31 of each year; ii. Traffic generated by Committed Projects and other Projects reasonably expected to be complete within the one year period and which are located in the City of Newport Beach or its sphere of influence; iii. Increases in regional traffic anticipated to occur within the one year period as Projected in the NBTAM or other accepted sources of future Orange County traffic growth; and iv. Other information customarily used by Traffic Engineers to accurately estimate future traffic volumes. e. For purposes of the traffic analysis, 70% of the incremental increase in intersection capacity (based on a capacity of 1600 vphg for each full traffic lane) shall be utilized. Upon completion of any Circulation System Improvement, traffic volume counts shall be updated, and any additional available capacity may then be utilized in future Traffic Studies. f. Trip generation rates for the land uses contemplated by the Project shall be based on standard trip generation values established in the ITE Manual or the SANDAG Manual unless otherwise provided in this Subsection. The Traffic Engineer may, with the concurrence of the Traffic Manager, use trip generation rates other than as specified in the NBTAM when there is a valid study of the trip generation rate of a similar land use that supports a different rate. g. The Traffic Engineer may, with the concurrence of the Traffic Manager, reduce trip generation rates for some or all of the land uses contemplated by the Project based on specific trip reduction measures when: i. The Project proponent proposes in writing and prior to commencement of the Traffic Study, specific, permanent measures that will reduce peak hour traffic generated by the Project; and ii. The Traffic Manager and Traffic Engineer, in the exercise of their best professional judgment, each determine that the proposed measure(s) will reduce peak hour trip and the specific reduction that can reasonably be expected; and iii. The Project proponent provides the City with written assurance that the proposed trip generation reduction measure(s) will be permanently implemented. The Project proponent must consent to make permanent implementation of the measure a condition to the approval of the Project, and the measure must be made a condition of the Project by the Planning Commission or City Council. g. In determining the trips generated by the Project, credit shall be given for existing uses on the Project site. Credit shall be given based on the trip generation rates in the NBTAM. The Traffic Manager may, in the exercise of his /her professional judgment, authorize the use of trip generation rates in the ITE Manual, SANDAG Manual, or on the basis of actual site traffic counts. However, no credit shall be given for any use that has ceased, for any reason, for a period of one (1) year prior to the filing of an application for a Traffic Study. For any land use that is not active as of the date of the application for Traffic Study, the Project proponent shall have the burden of establishing that the use was in operation during the previous one (1) year period. 4. Initial Traffic Study Procedures. a. The Traffic Manager shall retain a qualified Traffic Engineer pursuant to contract with the City to prepare a Traffic Study for the Project in compliance with the TPO and the methodology specified in these Procedures. b. The Traffic Manager shall advise the Traffic Engineer of the methodology and assumptions required by these Procedures and provide the Traffic Engineer with a copy of the TPO and these Procedures. c. The Traffic Manager, in consultation with the Traffic Engineer and in accordance with accepted traffic engineering standards and principles, shall identify, in general terms, which Critical Intersections may be affected by the proposed Project according to its size and geographic location. This preliminary determination shall be consistent with NBTAM and decisions on trip distribution patterns for previous Projects of similar size and location. d. The Traffic Engineer shall determine if Project generated trips on any leg of any potentially impacted Critical Intersection will, one year after Project completion equal or exceed one percent (1 %) of the Projected traffic volumes on that leg during the morning or evening peak hour traffic period. e. In the event the Traffic Engineer determines, based on the analysis in Subsection d, that Project generated trips on any leg of any potentially impacted Critical Intersection will, one year after Project completion, not equal or exceed one percent (1 %) of the Projected traffic volumes on that leg of the intersection, the analysis will be terminated and the Traffic Study and worksheet reflecting this analysis shall be submitted to the Planning Commission with a recommendation that the Project be determined exempt from the TPO. 5 Traffic Study Methodology. a. The Traffic Engineer, in preparing the Traffic Study, shall evaluate the trips generated from all Project land uses based on the assumptions specified in Section 3 and the methodology specified . in this Section. b. In the case of conversion of an existing structure to a more intense. land use, the incremental difference in traffic generated by the development shall be evaluated. In the event the uses within the existing structure changed during the preceding twelve (12) months, the differential shall be calculated on the basis of the use or uses with the highest trip generation rates according to the NBTAM (or ITE Manual or SANDAG Manual as appropriate). c. The following ICU calculations shall be performed for each Critical Intersection where, one year after Project completion, Project generated trips on any leg of the intersection during the a.m. or p.m. 2.5 hour peak traffic period equal or exceed one percent (1 %) of the Projected traffic volumes on that leg. i. The existing ICU; ii. The ICU, with traffic system Improvements that will be in place within one year after Project completion, based on all projected traffic except the Project generated trips; iii. The ICU, with Circulation System Improvements that will be in place within one year after Project completion, based on all projected traffic, including Project generated trips, without consideration of trip generation reduction measures; and iv. The ICU in (iii) with Traffic Manager approved trip generation reduction measures and /or trip generation rates. d. The Traffic Study shall, for each Critical Intersection with an Unsatisfactory Level of Service (ICU of .90 or more) that has been caused or made worse by Project generated trips, identify each feasible Improvement that could mitigate some or all of the impacts of Project generated. The Traffic Study shall also determine the extent to which the improvement provides capacity at the Critical Intersection in excess of the Project generated trips. e. The Traffic Study shall, for each Improvement identified pursuant to Subsection d, estimate the cost of making the Improvement including the cost of property acquisition, design, and construction. The Traffic Engineer may perform the cost estimate or, with the approval of the Traffic Manager, retain a civil engineer or consultant to prepare the cost estimates. f. The Traffic Study shall also provide the Planning Commission with any additional information relevant to the findings required by the TPO. 6. Staff Analysis a. The Traffic Engineer shall transmit a draft Traffic Study to the Traffic Manager for review, comment and correction. The Traffic Manager shall review the draft Traffic Study and submit corrections to the Traffic Engineer within 15 days after receipt. The Traffic Engineer shall make the corrections within ten (10) days of receipt and transmit the final Traffic Study to the Traffic Manager. b. The Traffic Manager shall transmit the final Traffic Study to the Planning Department for presentation to the Planning Commission. 7. Issuance of Permits. The City shall not issue building, grading or other permits for a Project until each Improvement that has been assumed to be in place for purposes of Project approval or is to be constructed as a condition to Project approval satisfies the following criteria: a. The Improvement has been budgeted and committed for construction by or on behalf of the City; or b. The State or County or other governmental agency making the Improvement has accepted bids for the Project; or C. The Improvement is (i) to be constructed by the Project proponent in conjunction with development of the Project or (ii) the Project proponent has guaranteed construction of the Improvement through the posting of bonds or other form of assurance, and (iii) the Improvement has been approved by the appropriate governmental jurisdictions. Tpoadmin proc010599.doc 1W! Table IV - 2010 ICU Summary Newport Beach Other Total Intersection AM PM AM PM AM PM 1. Placentia & Superior .53 .62 -0- -0- .53 .62 2. Superior & PCH .81 .73 .08 .15 .89 .88 3. Newport & Hospital .84 .95 .02 .01 .86 .96 4. SB Newport Ramp & Newport .42 .72 -0- -0- .42 .72 5. Newport & Via Lido .65 .77 -0- -0- .65 .77 6. Newport & 32nd .52 .70 -0- -0- .52 .70 7. Riverside & PCH .71 .68 .08 .11 .68 .79 8- Tustin & PCH .68 .76 .08 .11 .76 .87 9. MacArthur & Campus .34 .55 32 .72 .66 127 10. MacArthur & Birch .52 .49 .31 28 .83 37 11. Von Karman & Campus .31 .51 .47 .42 .78 .93 12. MacArthur & Von Karman .57 .78 .0 .17 .70 .95 13. Jamboree & Campus .32 .63 .70 .60 1.02 123 14. Jamboree & Birch 38 .46 .40 33 .78 .79 15. Campus & Bristol .51 .60 .35 .63 .86 123 16. Birch & Bristol N. .43 .58 24 .34 .67 .92 17. Campus & Bristol S. .83 42 46 .47 129 .88 18. Birch & Bristol S. .61 .38 23 .32 .89 .70 19. Irvine & Mesa .60 .54 36 .42 .96 .96 20. Irvine & University .77 .57 .39 .43 1.16 1.00 I 21. Irvine & Santiago/22nd .55 43 .06 .05 .61 .48 22. Irvine & Highland/20th .40 .43 .05 .04 .45 .47 23. Irvine & Dover /19th .58 .58 .05 .04 .62 .62 24. Irvine & Westcliff /17th .50 .62 .02 .05 .52 .67 25. Dover & Westflill .38 .38 .02 .03 .40 .41 26. Dover & 16th .55 .44 .02 .03 .57 .47 27. DoverBayshore & PCH .78 .59 .07 .12 .85 .71 28. Bayside & PCH .81 .70 .07 .15 .88 .85 29. MacArthur & Jamboree .67 .66 .43 .43 1.10 1.09 30. Jamboree & Bristol N. 37 .65 .08 .14 .45 .79 31. Bayview & Bristol S. Al .63 .13 .12 .54 .75 32. Jamboree & Bristol S. .58 .73 .15 .13 .73 .86 33. Jamboree & Bayview .58 .68 .17 .10 .75 .78 34. Jamboree & University .88 .85 .15 -0- .93 .85 35. Jamboree & Bison .72 .89 .04 .03 .76 .92 1W! Table IV (Cont.) Newport Beach Other Total Intersection AM PM AM FM AM FM 36. MacArthur & Bison .68 .77 .12 .07 .80 .84 37. Jamboree & Ford .87 .88 .04 .02 .91 .90 38. MacArthur & Ford .71 .78 .14 .06 .85 .84 39. Jamboree & San Joaquin H. .67 .72 .04 .04 .71 .76 40. Jamboree & Santa Barbara .58 .68 .03 .03 .61 .71 41. Jamboree & PCH .78 .74 .10 .11 .88 .85 42. Santa Cruz & San Joaquin H. 21 .31 -0- -0- .21 .31 43. Santa Rosa & San Joaquin H. .37 .76 -0- -0- .37 .76 44. MacArthur & San Joaquin H. .60 .77 .09 .04 .69 .81 45. MacArthur & San Miguel .56 .86 .04 .06 60 92 46. Newport Center & PCH .84 .38 .08 .16 .92 .54 47. Avocado & PCH .38 .77 .09 .16 .47 .93 48. MacArthur & PCH .38 .76 .10 .17 .48 .93 49. San Miguel & San Joaquin H. .41 .81 .03 .08 .44 .89 50. Goldenrod & PCH .69 .62 20 .23 .89 .85 51. Marguerite & San Joaquin H. .41 .63 .04 .05 .45 .68 52. Marguerite & PCH .60 .49 .21 .14 .81 .63 53. Poppy & PCH .51 .57 .22 .25 .73 .82 54. 15th & PCH .34 .46 .19 .11 .53 .57 55. Bluff & PCH .57 .68 .08 .14 .65 .82 56. SB Newport Ramp & PCH .62 .70 .08 .11 .70 .81 EXEMPT INTERSECTIONS UNDER PROPOSED REVISIONS TO THE TRAFFIC PHASING ORDINANCE The following intersections are projected to have an ICU of greater than 0.90 in the Long Range and would have a lower ICU except that the identified improvements are not scheduled in the current 5 year Capital Improvement Program: 1. Newport BI and Hospital Rd 2. Coast Hwy and Riverside Dr 3. Coast Hwy and Tustin Ave 4. Coast Hwy and Dover Dr ICU w/ IMPROV A.M/P.M. 0.77/0.79 0.73/0.86 0.78/0.72 0.68/0.83 5. Jamboree Rd and University Dr 0.64/0.88 6. Jamboree Rd and Bison Ave 0.57/0.85 ICU w/o IMPROV A.M./P.M. 0.95/1.08 1.00/1.30 1.03/1.01 0.70/0.95 0.76/0.98 0.64/0.91 (This table is based upon NBTAM96 projections for the Long Range timeframe.) Chapter 15.38 FAIR SHARE TRAFFIC CONTRIBUTION ORDINANCE Sections: 1538.010 Intent. 1538.020 Purpose. 1538.030 Specific Findings. 1538.040 Terms and Definitions. 15.38.045 Applicability. 1538.050 Establishment of Fair Share Traffic Contribution. 1538.060 Payment of Contribution. 1538.070 Use of Funds. 1538.075 Nontransferable. 1538.080 In Lieu Contributions. 1538.085 Fee Adjustments. 1538.090 Exemptions. 1538.100 Retroactivity. 1538.110 Waiver for Affordable Housing. 1538.120 Supplementary Provisions. 1538.130 Severability. 1538.010 Intent. The City Council of the City of Newport Beach finds that future development, or redevelopment, of property within the City will result in traffic vol- umes that exceed the capacity of the existing City- wide circulation system. The City Council of the City of Newport Beach has determined that the failure to expand the capaci- ty of the existing circulation element in accordance with the master plan of streets and highways will cause unacceptable levels of congestion on streets and intersections. traffic accidents. air pollution. noise, and restrictions on access for emergency vehicles. The City Council also finds and declares that. in the absence of this ordinance imposing a fair share traffic contribution. existing and future sources of revenue are inadequate to fund a substantial portion of the circulation system improvements necessary to accommodate traffic volume generated by future i2 development or redevelopment of property and to avoid unacceptable levels of congestion and related adverse impacts. (Ord. 94-19 (part), 1994: Ord. 84- 16 (part), 1984) 15.38.020 Purpose. The City Council of the City of Newport Beach finds and determines that the adoption of this Fair Share Traffic Contribution Ordinance will raise revenues sufficient to enable the.City to construct circulation system improvements that increase road- way capacity within the City of Newport Beach such that traffic generated by development and redevelopment of land within the city will not result in unacceptable levels of congestion of the circula- tion system. The City Council also finds and declares that this chapter contains a fair and equitable method of determining the extent to which the development or redevelopment of land will generate traffic volumes and establishes a fair and equitable method for distribution of costs of circulation system improve- ments necessary to accommodate the traffic volumes generated by, such development. (Ord. 94-19 (part), 1994: Ord. 8416 (part), 1984) 15.38.030 Spec Findings. The City Council, after thorough review of all relevant information, has made specific factual find- ings concurrently with the adoption of this chapter. The specific findings made by the Council as of the time of the adoption of this chapter are as allows: A. On May 29, 1972, the City Council adopted a land use element as part of the general plan for the City of Newport Beach. The land use element specifies the permitted uses of land within the City of Newport Beach and places limits on the intensity and density of such use. The land use element has been updated and amended, from time to time, to reflect changes in land use and intensities approved by the City Council subsequent to the adoption of the element; B. The City Council has conducted a thorough and extensive study of the relationship between the land uses and densities permitted by the general plan 563 15.38.010 and the actual development of property. The City Council has considered the effects of the fee with respect to the City's housing needs as established in the housing element of the general plan. The rela- tionship between permitted uses and densities and actual development has been studied over a period of several years and based upon this study, the City Council is able to analyze trends in growth and development authorized under the general plan and relevant zoning ordinances. Based upon this studs and analysis, the City Council is able to predict with some certainty, the magnitude and extent of future development; C. The City Council has also studied and evalu- ated the extent to which different land uses generate automobile trips (trip generation rates). The City Council, in evaluating trip generation rates, has taken into consideration material prepared by the Institute of Transportation Engineers and similar organizations. The traffic generation rates reflect the most accurate characterization of the actual traffic generated by specific land uses; D. The Council, based upon its study of trends in development and trip generation rates, has deter- mined that the capacity of existing roadway im- provements are inadequate to accommodate traffic volumes that will be generated by future develop- ment; E. On March 11, 1974, the City Council adopt- ed, as part of the general plan, a circulation element. The circulation element contains a master plan or- streets and highways (MPSH), and has been amended from time to time to reflect changes to the circulation system necessary or appropriate to pre- vent the occurrence of unacceptable levels of traffic congestion; F. The City Council finds that implementation of the master plan of streets and highways and the traffic phasing ordinance, as presently designed. would result in a circulation system which has the capacity to substantially accommodate the additional traffic volume that will be generated by anticipated future development; G. Implementation of the master plan of streets and highways will require the construction of major 15.38.030 improvements to the existing City-wide circulation system. The City Council has, after review of all relevant information, determined which roadway improvements are necessary to implement the master plan of streets and highways, the estimated cost of those improvements, and established funds available to make such improvements, as well as the extent to which funding is inadequate to make the neces- sary improvements; H. The City Council, in determining the extent to which funds are available to make roadway im- provements, has evaluated presentand future sourc- es of State, Federal, and County funding, City reve- nues which are earmarked for roadway- related im- provements, and the extent to which private devel- opment projects are required to construct or fund roadway improvements that will assist in the imple- mentation of the master plan of streets and high- ways. The City Council has determined that the extent to which regional traffic will impact the circulation system of the City of Newport Beach is generally offset by existing and anticipated sources of funding from governmental entities or private developers; .. I. While the traffic volume generated by a sin- gle development may not be, in and of itself, suffi- cient to overload the existing circulation system, the cumulative impact of all new development and redevelopment will result in unacceptable levels of traffic congestion, unless the master plan of streets and highways is implemented. For this reason, the only fair and equitable method of securing the reve- nues necessary to construct required circulation system improvements is a contribution based solely on the extent to which new development generates additional traffic volumes. The formula for estab- lishing each fair share traffic contribution is as fair and equitable as possible. The City Council also finds that, by requiring the contribution in conjunc- tion with the issuance of building permits, or any other form of entitlement issued by City to construct or change the use of a building or property, the funds generated by this chapter will enable the City to construct major improvements to the circulation system concurrently with the traffic volumes created by development; I. The roadway improvements that will be con- structed with funds generated by this chapter will significantly benefit the contributor in that the ad- verse impacts, such as noise, air pollution, delay, accidents, and inconveniences, will be alleviated or eliminated and the Council further finds that the benefit derived from roadway improvements is generally equivalent to the contributions received; K. The contribution called for by this chapter will help to fund circulation system improvements that will increase the capacity of the streets and highways within the City of Newport Beach and the purpose and intent of this chapter is complementary to those provisions of the existing traffic phasing ordinance which, for the most part, is predicated upon the need to improve intersections as opposed to roadway capacity; L. Regular review, and possible revision, of the provisions of the related fair share implementation resolution establishing the trip generation rates and procedures for the payment of fair share contribu- tions, will allow for the adjustment of the contribu- tions to be made under this chapter to ensure that those contributions are fair and equitable. (Ord 94- 19 (part), 1994: Ord. 84-16 (part), 1984) 15.38.040 Terms and Definitions. For the purpose of this chapter, the following terms shall have the meanings indicated below: A. "Trend growth" shall mean the level of future development and redevelopment of property in Newport Beach, calculated as the percentage of general plan build out to occur by the year 2010 and shall be expressed in the units listed for the trip generation rate as stated in the fair share implemen- tation resolution. B. "Gross floor area" shall mean all the area in- cluded within the surrounding exterior walls of the building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projec- tion of the roof of floor above. C. "Land use category" shall mean any of the specific land uses that have been listed in the fair share implementation resolution and used to provide the basis for future traffic projections. D. '"Trip generation rate" shall mean the number of average, daily trips generated by land use catego- ry per unit of development as stated in the fair share implementation resolution. E. "Project" shall include any discretionary or ministerial action by the City resulting in the issu- ance of grading, building, plumbing, mechanical, or electrical permits, or any other form of entitlement issued by the City to construct on or change the use of a building or property. F. "Roadway improvements" shall include those improvements necessary to complete the roadway to master plan configuration and shall include and not be limited to: paving, curb and gutter, sidewalks, medians with landscaping, drainage facilities, traffic signals, street lighting, noise walls, right of ways, and improvements necessary to mitigate significant environmental impacts. The preparation of environ- mental documents, planning and design studies plans, specifications and estimates, and project man- agement shall be considered a part of roadway im- provements. (Ord. 94-19 (part), 1994: Ord. 84-16 (part), 1984) 15.38.045 Applicability. The provisions of this chapter shall apply to all new development, and to any redevelopment or change of use of any existent building or parcel, unless otherwise provided herein. (Ord. 94-19 (part), 1994: Ord. 8416 (part), 1984) 15.38.050 Establishment of Fair Share Traffic Contribution. A. The fair share traffic contribution is based upon the unfunded portion of the estimated con- struction cost of the total circulation system roadway improvements necessary to implement the master plan of streets and highways (net roadway costs), and the total number of vehicle trips anticipated as a result of trend growth. 565 1538.040 B. The fair share traffic contribution shall be calculated, in accordance with the following proce- dure and as established by the fair share implemen- tation resolution adopted by City Council in con- junction with this chapter: 1. The City Council shall determine by resolu- tion net roadway cost as follows: a. The City Council shall determine which road- way and related improvements are necessary to implement the master plan of streets and highways; b. The City Council shall determine, for each specific improvement, an estimate of the total costs necessary to complete each improvement; c. The City Council shall determine, with re- spect to roadway improvements, an estimate of the current and anticipated funding available to satisfy the costs of construction. In determining the amount of funding available for roadway improvements, the Council shall include funding from other govem- mental entities, City revenues earmarked for road- way construction purposes, and the extent to which private development projects are required to con- struct, fund or dedicate land for, the specific road- way improvement; d. The City Council shall determine, for road- way improvements, the difference, if any, between the estimated costs of construction and the estimated funding available to complete the improvement; e. The extent to which the cost of construction for all roadway improvements exceed the funds available, or anticipated for constructing the im- provement, shall be the "net roadway cost." 2. The City Council shall determine the total anticipated average daily trips resulting from trend growth as defined in Section 15.38.040(A), in the following manner: a. The projected development in each land use category as established in the fair share implemen- tation resolution shall be multiplied by the trip gen- eration rate established in the fair share implementa- tion resolution to determine additional daily trips. b. All of the additional daily trips of each land use category shall be added to determine the total additional daily trips that the City's circulation system must accommodate in the future. 15.38.050 3. The City Council shall determine the average cost per trip by dividing net roadway cost by the total additional daily trips generated by trend growth. 4. The fair share traffic contribution required of any project shall be calculated in the following manner: a. Residential Projects: The average cost per trip shall be multiplied by the total number of trips generated by the project, using the methodology and traffic generating rates established in this section. The cost per dwelling unit is the product of the trips per dwelling unit and the average cost per trip as established in this section. The cost per dwelling unit is multiplied by the total dwelling units to determine the fair share contribution. b. Hotel/Motels: The average cost per trip shall be multiplied by the number of trips generated by each room, the product of which shall be then multi- plied by the total number of rooms to determine the fair share contribution. c. For office, retail, commercial and industrial uses, the following procedures apply: i. The traffic generation rates shall be used to determine the number of trips per square foot; ii. The number of trips per square foot is multi- plied by the average cost per trip as determined by the methodology set forth in this section, to deter- mine the cost per square foot; iii. The cost per square foot is multiplied by the total square footage of a proposed project to deter- mine the fair share contribution; d. For those projects not falling in the above categories, the average cost per trip shall be multi- plied by the total number of trips generated by the project, using the methodology, and traffic genera- tion rates established in the fair share implementa- tion resolution to determine the fair share contri- bution. In the event the proposed use is not listed in the table of traffic generation rates, the Traffic Engi- neer shall determine the appropriate trip generation rate for the use. In determining the appropriate trip generation rate the Traffic Engineer shall consider: 566 i. Whether the traffic characteristics of the land use are essentially the same as one of those listed in the fair share implementation resolution. ii. If the hours of operation of the project are different than those normally observed by similar projects. iii. If the project includes multiple land uses which are complementary from a traffic standpoint and the total trip generation is anticipated to be less than the sum of the trips from the individual land uses. C. Every five years, or as deemed necessary, the City Council, in conjunction with the City's budget sessions, shall review the trend growth assumptions, trip generation rates, and roadway improvementcost estimates, and if necessary, shall amend the fair share implementation resolution establishing the fair share traffic contribution to ensure that it is a fair and equitable method for the distribution of costs of circulation system improvements necessary to ac- commodate traffic volumes generated by trend growth. D. In the event no substantive changes to any of the provisions of this chapter or the fair share imple- mentation resolution occur during the time between the mandatory City Council reviews as set forth herein, the dollar amount set forth in the fair share implementation resolution exhibits, shall be in- creased automatically, based upon any interim in- crease in the consumer price index (the Los An- geles — Anaheim - Riverside All Urban Consumers Index). This automatic increase shall be calculated and become effective on July 1 of any year that the City Council does not otherwise review the contents or provisions of this chapter and the fair share im- plementation resolution. (Ord. 94 -19 (part),, 1994: Ord. 84-16 (part), 1984) 15.38,060 Payment of Contribution. No building or grading permit or any other form of entitlement issued by the City to construct on or change the use of a building or property shall be issued, and no construction shall be commenced, for any project not exempt from this chapter unless all contributions required pursuant to this chapter have 15.38.085 rate was based. For the purposes of this finding, substantial shall mean twenty (20) percent or great- er. 3. Appellant has demonstrated that for projects which are an expansion of an existing use, that the appeal is based upon a claim of no net increase in trips from the expanded area and there are similar projects in the area which have trip generation rates at least as low as would result from dividing the current trips by the total project area after expan- sion. D. The decision of the City Manager shall be final. If a reduction, adjustment, or waiver is grant- ed, any change in use within the project shall invali- date the waiver, adjustment or reduction of the fee, and the fee will be recalculated using the changed conditions. (Ord. 94-19 (part), 1994) 15.38.090 Exemptiorts. The following projects shall be exempt, in whole or in part, from the contributions otherwise required by this chapter: A. In the event a site contains one or more struc- tures which are proposed to be demolished in con- junction with a new development, the contributions otherwise required by this chapter shall be reduced in an amount equal to the contributions that would have been required had the existing structure been subject to the provisions of this chapter. B. In the event that no new construction is.pro- posed, no contribution shall be required for the conversion from one land use category to another unless the land use category to which the property is to be converted generates more average daily trips than the existing use. In such case, the contributions to be charged shall be based solely on the difference between the contributions required for each land use as set forth herein. C. Where a land use proposed for a site is less intensive than the existing land use, no refund will be available to the developer. (Ord 94 -19 (part), 1994: Ord. 84 -16 (part), 1984) 15.38.100 Retroactivity. A. In those cases where a developer has submit- RM ted a fair share contribution required as a condition of approval prior to the effective date of this chap- ter, refunds are prohibited. B. In those cases where a condition on a devel- opment approved prior to the effective date of this chapter states that a fair share contribution shall be determined prior to the issuance of building permits, the contribution shall be based upon the amounts set forth in the fair share implementation resolution at the time building permits are issued. (Ord. 94-19 (part), 1994: Ord 8416 (part), 1984) 15.38.110 Waiver for Affordable Housing. Contributions, otherwise required pursuant to this chapter, shall be waived for all affordable residential housing as that term is defined in the housing ele- ment, and for any "granny" units or "second units" as defined in Section 65852.1 of the Government Code. (Ord. 94-19 (part), 1994: Ord. 84-16 (part), 1984) 15.38.120 Supplementary Provisions. It is the intent of the City Council that the contri- butions required by this chapter shall be supplemen- tary to the contributions and conditions imposed upon projects pursuant to the provisions of this Code, the Subdivision Map Act, California Environ- mental Quality Act, and other state and local laws, ordinances or Charter provisions which may autho- rize the imposition of conditions or contributions on development. (Ord. 94 -19 (part), 1994: Ord. 84 -16 (part), 1984) 15.38.130 Severability. If any section or portion of this chapter is de- clared invalid, the remaining sections or portions are to be considered valid and unaffected by the deter- mination of invalidity. (Ord. 94 -19 (part), 1994: Ord. 84 -16 (part), 1984)