HomeMy WebLinkAbout03 - Amendment to the Traffic Phasing OrdinanceT
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CITY OF NEWPORT BEACH �' _=' 1' AGE+ r':
CITY COUNCIL STAFF REPORT No.
Agenda Item No. 3
July 10, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum
949 -644 -3311 or sbadum @city.newport- beach.ca.us
SUBJECT: AMENDMENT TO THE TRAFFIC PHASING ORDINANCE FOR
CONSISTENCY WITH GENERAL PLAN AND TRAFFIC MODEL
RECOMMENDATION:
Introduce Ordinance No. 2007 - amending Chapter 15.40 of the Municipal Code
(the Traffic Phasing Ordinance) to delete references to NBTAM and to make the
Institute of Transportation Engineers' Trip Generation the primary source for calculating
trip generation rates; and pass to second reading on July 24, 2007.
DISCUSSION.
The Traffic Phasing Ordinance (TPO) has existed for nearly thirty years and has served
as the City's primary tool for analyzing the short-term traffic impacts of new
development. The TPO has been amended several times and was last revised in 1999.
One of the key considerations in evaluating traffic impacts is selecting the appropriate
trip generation rate, which is the number of trips either per day or during the AM and
PM peak traffic hours per unit of development.
The Traffic Phasing Ordinance contains several references to using trip generation
rates from NBTAM for conducting traffic impact studies of new development. The
Ordinance defines NBTAM as "the most current City Council approved traffic analysis
model for the City of Newport Beach." NBTAM was the name used for the traffic model
developed for the City in 1986.
In conjunction with the General Plan update approved by the City Council and the
voters last year, a new traffic model was developed (known as NBTM). It is an entirely
different type of model, required to meet the sub -area model consistency guidelines of
the Orange County Transportation Authority (OCTA). Instead of trip generation rates
tied directly to units of land use, the new model uses socioeconomic data for
determining the number of trips. This data includes categories such as population,
dwelling units, employment, and income. Trip generation rates can be derived from the
model but those rates are not comparable to rates based directly upon land use. For
Amendment to the Traffic Phasing Ordinance
July 10, 2007 •
Page 2
that reason, the new traffic model is not an appropriate source for trip generation rates
used to analyze specific project impacts. •`
The trip generation rates in the old model were very similar to those in the then - current
edition of the Institute of Transportation Engineers (ITE) publication Trip Generation,
with a few exceptions. Trip Generation is based upon actual counts of traffic entering
and leaving a large number of differing land uses. ITE publishes updates to this
document on a periodic basis to incorporate additional studies and new trends in land
use. It is widely accepted as the primary source for trip generation rates used to
analyze the impact of new development and all traffic engineers have ready access to
this information. For these reasons staff believes it is more appropriate to reference
ITE Trip Generation as the primary source for trip rates to be used in TPO studies.
There are two other references in the TPO to NBTAM that need to be updated. The
first is Appendix A, Section 3.d.iv where NBTAM is listed as a source of information for
regional traffic increases. The second reference is in Appendix A, Section 4.6 where
the distribution of trips from a new development onto the circulation system is required
to be consistent with NBTAM. In both instances "NBTAM" will be changed to refer to
"the most current City Council approved traffic analysis model for the City of Newport
Beach ". The new traffic model is an appropriate source for these inputs to traffic
studies.
The General Plan /LCP Implementation Committee reviewed the proposal to delete the
references to NBTAM and use ITE as the primary trip generation source at their •
meeting on May 17, 2007. The Committee supported the proposal.
Environmental Review:
Adoption of an ordinance is not a project as defined by the California Environmental
Quality Act since it constitutes general policy and procedure making.
Submitted by:
U hephen GBadum
Works
Director
Attachment: Ordinance
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ORDINANCE No. 2007 -
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 15.40 OF THE NEWPORT BEACH MUNICIPAL CODE
RELATING TO THE SOURCE OF TRIP GENERATION RATES
TO BE USED IN TRAFFIC IMPACT STUDIES
WHEREAS, THE City Council of the City of Newport Beach initially
adopted the Traffic Phasing Ordinance (Ordinance 1765) on June 26, 1978; and
WHEREAS, the Traffic Phasing Ordinance has been amended several
times including most recently a comprehensive update adopted by Ordinance
99 -17 on July 12,1999; and
WHEREAS, the Traffic Phasing Ordinance methodology is based upon
using a recognized source for trip generation rates; and
WHEREAS, the City of Newport Beach no longer uses its former land use
based transportation model known as NBTAM; and
WHEREAS, the Institute of Transportation Engineers produces the widely
recognized publication Trip Generation;
NOW, THEREFORE, THE City Council of the City of Newport Beach
hereby ordains as follows:
SECTION 1: Section 15.40.040 of the Newport Beach Municipal Code and
Sections 2.b.v., 3.f., 3.h., 4.c.i., and 5.b. of APPENDIX A thereto shall be
amended as provided in Exhibit A.
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the same to be published once in
the official newspaper of the City, and it shall be effective thirty (30) days after its
adoption.
SECTION 3: This ordinance was introduced at a regular meeting of the City •
Council of the City of Newport Beach, held the 10 day of July, 2007, and adopted
on the 24 day of July, 2007, by the following vote, to wit:
AYES,
COUNCIL MEMBERS
NOES,
COUNCIL MEMBERS
ABSENT
COUNCIL MEMBERS
MAYOR
ATTEST:
ITY CLERK
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EXHIBIT A
Section 15.40.040 — Definitions.
The following terms used in this chapter shall have the meaning indicated below:
"Circulation element" means the Circulation Element of the General Plan of the
City of Newport Beach as amended from time to time.
"Circulation improvement(s) "or "improvement(s)" means a modification to a
primary intersection (possibly including a related roadway link) that increases the
capacity of the primary intersection.
"Date of approval" means the date the project is approved, pursuant to this
chapter, by the Planning Commission or City Council on review or appeal.
"Feasible improvement" means a circulation improvement that:
1. Is not inconsistent with the Circulation Element as the date of approval
and has not been identified as infeasible by the City Council at a public
hearing to initiate or approve a traffic mitigation study; or
2. Is not inconsistent with any amendment(s) to the Circulation Element
initiated and approved in conjunction with the project and is required to be
completed by the project proponent and/or the City within the time frames
required by this chapter.
"ICU" means the intersection capacity utilization computed in accordance with
standard traffic engineering principles and the procedures outlined in the existing
Appendix A.
"Impacted primary intersection" means any primary intersection where project
trips increase the volume of traffic on any leg by one percent (I%) or more during
any peak hour period.
"Level of traffic service" means the letter assigned to a range of ICU's in
accordance with Appendix A.
"Members eligible to vote" means all members of the Planning- Commission, or
the City Council on review or appeal, lawfully holding office except those
members disqualified from voting due to a conflict of interest.
"Peak hour period" means the four consecutive fifteen (15) minute periods
between seven a.m. and nine a.m. (morning) and the four consecutive fifteen
(15) minute periods between four p.m. and six p.m. (evening) with the highest
traffic volumes (for each primary intersection) as determined by the field counts
required by Appendix A.
"Primary intersection " means each intersection identified in the existing
Appendix B and, with respect to individual projects, any additional intersection
selected by the Traffic Manager pursuant to Section 15.40.050(6)(1).
"Project" means "project" as defined in the California Environmental Quality Act
(Public Resources Code §21000 et seq.), the CEQA Guidelines, and relevant
decisional law without regard to whether any environmental document is required
for the project. 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.
"Traffic engineer" means the traffic engineer retained by the City to prepare the
traffic study.
"Traffic Manager" means the person employed by the City who occupies the
position of Traffic and Development Services Manager or similar position.
"Traffic mitigation study" means a study designed to evaluate and recommend a
plan to mitigate the impact of an actual or potential unsatisfactory level of traffic
service at any primary intersection or traffic volumes in any residential
neighborhood in the vicinity of that primary intersection.
"Traffic study" means the study prepared by the traffic engineer in strict
compliance with this chapter including Appendix A.
"Unsatisfactory level of service" means a level of service at a primary
intersection, which is worse than level of service "D" (.90 ICU), during any
morning or evening peak hour period as determined in accordance with
Appendix A.
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CHANGES TO APPENDIX A
• Section 2.b.v. Any information, study, or report that supports any request
by the Project proponent to use trip generation rates that differ from those in the
NBTA 11 most current version of ITE's Trip Generation Manuel or the SANDAG
Manuel Traffic Generators; and
Section 3.d.iv Increases in regional traffic anticipated to occur within one
year after Project completion as projected in the NUAM most current City
Council approved traffic analysis model for the City of Newport Beach or other
accepted sources of future Orange County traffic growth; and
Section 3.f. Trip generation rates for the land uses contemplated by the
Project shall be based on standard trip generation values utilized in N13' n
listed in the current version of ITE's Trip Generation except as provided in this
Subsection. The Traffic Engineer may, with the concurrence of the Traffic
Manager, use trip generation rates other than as specified in "'N BT- M Trip
Generation when such rates are based on limited information or study and there
is a valid study of the trip generation rate of a similar land use that supports a
different rate NBTAM trip geneFatmen Fates aFe based 9R limited infaFmatien 0
and Cher lid study of the trip generate ate of . mina, sand use
stud e�- a -�. ..
that supports a .dm#erent rat
Section 3.h. In determining Project trips, credit shall be given for existing
uses on the Project site. Credit shall be given based on the trip generation rates
in the NSTAM ITE's Trip Generation. In the alternative, the Traffic Manger may,
in the exercise of his /her professional judgment, authorize the use of trip
generation rates in the 'TAE Manual SANDAG's Manual Traffic Generators or on
the basis of actual site traffic counts. In the event the Project site has not been
used for any purpose for a period of one (1) year prior to the filing of an
application for a Traffic Study, credit shall be limited to trips generated by the last
known land use, if any, that could be resumed with no discretionary approval.
For any land use that is not active as of the date of the application for a Traffic
Study, the Project proponent shall have the burden of establishing that the use
was in operation during the previous one (1) year period.
Section 4.6 the assumptions in NBTAM the City's current transportation
analysis model relative to tro production and attraction characteristics of various
land uses; and
Section 5.b In the case of conversion of an existing structure to a more intense
land use, the incremental increase in trips generated by- the Project 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 prior use or uses with the highest trip generation rates according to the
A1BTAM ITE's Trip Generation. ( ^r 'T� -"Manu (or SANDAG's Trip Generators
Manual as appropriate).