Loading...
HomeMy WebLinkAboutSS1 - Revisions to Traffic Phasing OrdinancepEW OpRr CITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644 -3200; FAX (714) 644 -3250 searing Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL PROJECT: Revisions to Traffic Phasing Ordinance December 14, 1998 Study Session 1 Sharon Z. Wood (949) 644 -3222 SUGGESTED ACTION: Review Presentation and Direct Staff to Begin Public Review Process Staff has been working for the past several months with an informal group of City Councilmembers, Planning Commissioners and representatives from the business and environmental communities on potential revisions to the Traffic Phasing Ordinance (TPO). This effort has resulted in the attached draft revisions. Some participants in the informal working group may prefer more or less extensive revisions, but the group has gone as far as it can and agrees that it is time for the public review process to begin. Staff will review the presentation on the TPO that has been prepared for the public review process with the City Council at the study session, and will be prepared to discuss the draft revisions. If the City Council agrees, staff will then present the draft revisions for public review as follows. December 21 Environmental Quality Affairs Committee January 27 Economic Development Committee February 18 Planning Commission March 8 City Council SHARON Z. WOOD Assistant City Manager Attachment Chapter 15.40 TRAFFIC PHASING ORDINANCE SECTIONS: 15.40.010 Findings. 15.40.020 Objectives. 15.40.030 Standards for Approval /Exceptions. 15.40.035 Override /Expiration. 15.40.040 Definitions. 15.40.050 Procedures. 15.40.060 Hearings /Notice.ApplicatiGA Fee. 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 Pproject generated traffic is important to maintaining the high quality of the residential and commercial neighborhoods in Newport Beach; B. While some development is important esseRtial to the continued vitality of the local economy, the City should continue to utilize growth management techniques, such as requiringe mitigation of traffic impacts by Pproject proponents to ensure the circulation system functions as planned; C. Circulation system improvements FequiFed Gf PFGjeGt ^F^^^^°^'° 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 Pproject 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 Pprojects that generate a substantial number of average daily 1 trips and /or trips during the morning or evening peak hour traffic periods; B. To identify Circulation System Improvements that wh4GI+ -will accommodate Pproject traffic and ensure that development is phased with identified circulation system improvements; C. To require Pproject proponents, as conditions of approval, to construct or contribute to the construction of those circulation system improvements necessary to mitigate the impacts of Pproject traffic; D. To provide a mechanism for ensuring that the a Project proponent's cost of complying with traffic related conditions to Pproject approval is roughly proportional to Pproject 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 Standards for Approval /Exceptions. A Standards for Approval. No building or grading permit shall be issued, and no construction shall commence, for any Project subject to this Chapter until a Traffic Study has been prepared in compliance with Appendix A, the Traffic Study has been b-)- approved by the Planning Commission, and the Planning Commission finds 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 Circulation System Improvements constructed or funded, in whole or in part, by the Project proponent 2 outweigh the adverse impacts of Project traffic on Critical Intersections; or (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 of the date the Project is approved. This finding shall not be made unless, on or before the date of PFeject approval of the Traffic Study for the Project, conceptual plans for the Improvement have 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) that bears the same proportion to the estimated cost of the Improvement(s) as the ratio of Project generated trips at the Critical Intersection bears to the projected total additional trips at that intersection from development authorized in the Land Use Element. - OR 2. The Project is a comprehensive phased land use 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 i b. Prior to Project approval the Planning Commission reviews and considers the Traffic Study and finds -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 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 aa4 (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 B. Exceptions. The provisions of this Chapter are not applicable to: 1. Any Project that generates no more than three hundred (300) daily trips. This exception shall not apply to individual Projects related to the same 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 sufficient trips on any leg of a Critical Intersection during any a.m. or p.m. peak hour traffic period to increase the service level by at least .01 ICU; 3. Any Project which meets all of the following criteria: 0 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 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 (cd), vests the right of the property owner to construct only the development approved by the County or adjacent City -; and c4. The development agreement, pre- annexation agreement, or similar agreement between the property owner and the City of Newport Beach: whieh (1) establishes the average daily trips generated by the Project approved by the County or adjacent City ( "baseline ") and (ii) requires the property owner ' to comply with this Ordinance rp for to the extent the °F^'^^' eRt the issuance of any permit for ca^c+n1^t6 e6ts n ^I fFem the Gity ^i NL.wpe Ft development which would generate three hundred (300) average daily trips more than the baseline; 15.40.35 Override /Expiration A. Override: The Planning Commission or City Council may determine that this Chapter is inapplicable to a Project if four -fifths of the members Eeligible to VVote find the Project will result in benefits, such as trip generation reductions, that outweigh the project's anticipated negative impact on the circulation system. B. Expiration 1. Any approval of a Traffic Study for PUFSUaRt W this GhapteF a Pproject reasonably expected to be complete within twenty- four (24) months from the date of approval of the Traffic Study shall expire unless a building permit has been issued for the Proiect and construction has commenced within that period. 2. In the event the Pproject is not reasonably expected to be completed 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 Sstudies conducted pursuant to this Chapter. The Eproject shall I continue in 'committed" status until such time as the Planning Commission or City Council finds that approval of the Traffic Stuff the- peF has expired because the PProject pProponent has not diligently pursued the issuance of permits for,or, construction of, the Project. 3. The Planning Commission or City Council may, at time of approval or subsequent to approval, specify a specific date on which the Traffic Study approval shall expire # 444g if it finds that the ^Project is sufficiently large or complex that additional time should be granted to obtain necessary permits or commence /complete construction. 4. The Planning Director and Traffic Manager shall monitor the progress of any Project approved pursuant to this Chapter to ensure compliance with this Chapter. 15.40.040 Definitions. The following terms used in this Chapter shall have the meaning indicated below: A. "Critical Intersection" shall mean those intersections identified in Table IV of the Circulation Element of the City of Newport Beach except any Exempt Gpitit;@1 Intersection. B. "Exempt Intersection" shall mean any Critical Intersection that--4)-is predicted to function at er above LOS D by 2010 according to NBTAM and the City Council has determined, at a noticed public hearing that (1) {23 the Critical Intersection would function at or below LOS D upon completion of Circulation System Improvements) (to the intersection and /or roadway link) identified in the Circulation Element and (2) the t+t these Improvements) will aeznot be included ideRtified in the then current Five Year Capital Improvement Program; and (3) the Critical Intersection is ha6 been designated as an Exempt Intersection and listed as such in Appendix B. by4he-G4y- Seeaeil- 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 Traffic Study for 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. R 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- stripping or other similar changes. HG. "Circulation Element" shall mean the Circulation Element of the General Plan of the City of Newport Beach as amended from time to time. 19. "Project" shall mean "proiect" as defined in be deteraAined by Fefe'eRGe to-the California Environmental Quality Act (Public Resources Code 6 21000 et seg.), aad -the CEQA Guidelines, and relevant decisional law as well as any application for a building or grading permit for development that would generate more than three hundred (300) average daily trips. JI. "Traffic Manager" shall mean the person employed by the City and who occupies the position of Traffic and Development Services Manager or similar position. Kd. "Traffic Engineer" shall mean the traffic engineer retained by the City to prepare the Traffic Study. LK. "Traffic Study" shall mean the study prepared by theTraffic Engineer in strict compliance with this Chapter including Appendix A. MI_. "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. NM. "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 and-Fe4it--d- 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 Gity- Traffic Manager €R@+aee , exercising professional discretion, shall; 7 1. Direct the preparation of each Traffic Study by a Traffic Engineer 1 retained by the City to determine those Critical Intersections that whiel; 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; 4. 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. Planning Commission approval or rejection of a Traffic Study for 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 consider, and take final action on, the Traffic Study at the same date and time that the City Council considers the other discretionary approvals required by the Project. —P C. The application for any building, grading or other permit for any Pffroject 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 Pproject 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 the Traffic Study for the Project. The public hearinq on the Traffic Study may 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„ D 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, reeerd; 15.40.070 Appeal /Review. A. The decision of the Planning Commission approving, conditionally approving or rejecting the Traffic Study 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 procedure set forth in Chapter 20.95 of the Newport Beach Municipal Code; B. The City Council shall have a right of review as specified in Chapter 20.95 of the Newport Beach Municipal Code; 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. In no event shall the Planning Commission or City Council on review or appeal: A. Impose any condition or conditions to the approval of a Pproject which would require the Pproject proponent to construct one or more Major 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 Pproject; B. Impose any condition or conditions to the approval of a Pproject which, individually or in conjunction with fees or charges required by the Newport Beach Municipal Code, require the payment of fees or other expenditures by the Pproject proponent that are not roughly proportional to the impacts of trips generated by the Pproject. C. The provisions of this Section shall not limit or restrict the authority of the Planning Commission to impose all feasible mitigation measures pursuant to the provisions of applicable law, including CEQA and the CEQA Guidelines. D. 4 —The provisions of this Section shall not require approval of any Project for which that —the Planning Commission is unable to make the findings required for approval pursuant to this Chapter or which the Planning Commission is authorized to deny or modify pursuant to any other State or local law. E. The provisions of this Section shall not limit or restrict the authority of the Planning Commission 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 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 portions are to be considered valid. f:l cat% Shared %Ordinance%TPOITpoModification 113CG498.doc 10 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 provisions of the TPO shall file an application for a Traffic Study accompanied by the fees required by Resolution of the City Council and shall execute an agreement to pay the costs of preparing the Traffic Study b. The application shall be accompanied bythe following information: i. 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 & Development Services Manager (Traffic Manger) 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 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: i. 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 I.C.U. analysis. d. Traffic volumes shall be based on estimates of traffic volumes expected to exist one year after completion of the Project, or portion of the Project, for which the Traffic Analysis is being performed. The intent of this Subsection is to ensure use of the best possible information to estimate traffic volumes one year after Project completion without duplication of trips. Traffic volume estimates shall be based on: L Biennial field counts conducted for each Critical Intersection between February 1 and May 31 of each year; N ii. Traffic generated by previously approved projects or portions of 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 (Committed Projects); 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 growths regan..I #49G ro,.,+ejeetien such as the „e dnn.,nl Tr yel Ce.eGaGt fe. QFaRge Ge �np,; and iv. Other information customarily used by Traffic Engineers to estimate future traffic volumes. e. For purposes of the traffic analysis, 100-4% of the incremental increase in intersection capacity (based on a capacity of 1600 vehicles per hour of green time 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. 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 (and higher or lower than specified in the ITE Manual or SANDAG Manual) for one or more land uses contemplated by the Project when there is a valid study of similar uses which supports a different rate RRH the =sus sPeGAed 'n the ITC MARI-441 ar CAWIDA'_ Ann unl'n^e based en le ^c thaR theee ^ ^^ ^' ^^ The Traffic Manager may also authorize the use of trip generation rates based on actual counts of trips from the site of the Project. g —The Traffic Engineer, with the concurrence of the Traffic Manager, may reduce trip generation rates for some or all of the land uses contemplated by the Project based on specific trip reduction measures when: 13 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, 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 agrees to make permanent implementation of the measure a condition to the approval of the Project, and the measure is 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 ITE Manual, SANDAG Manual, or on the basis of actual site traffic counts. iised —te ^^'^U!ate °F^'^^` geReFated #ips However, no credit shall be given for any use that has ceased 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 strict 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, during the a.m. or p.m. 2.5 hour peak traffic period, Project generated trips on any leg of any potentially impacted Critical Intersection will, one year after Project Completion (or completion of those phases of the Project subject to the Traffic Study including those portions for which a Traffic Study has been previously approved), equal or exceed. one percent (1 0/01) of the projected traffic volumes on that leg of the intersection during the same peak 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 existing structure housed more than one type of land use during the preceding twelve (12) months, the differential shall be calculated on the basis of the I� trips generated by the land use(s) that has 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 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 and during that period. 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 projected traffic, including Project generated trips without consideration of trip generation reduction measures and without consideration of trip generation rates other than specified in the NBTAM (or ITE Manual or SANDAG Manual as appropriate); 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 GiFGWIatieA System IFApFevement that could mitigate some or all of the impacts of Project generated trips and the relationship between the limprovement and Project generated trips. The Traffic Study shall also determine the extent to which the i1mprovement provides capacity at the Critical Intersection in excess of the Project generated trips. e. The Traffic Study shall, for each Fea6ible Improvement identified pursuant to Subsection d, estimate the cost of making the Improvement including the cost of property acquisition, design, and I to construction. The Traffic Engineer may perorm the cost estimate or, with the approval of the Trafic 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. Where Circulation System Improvements have been identified in the Traffic Study, the Improvements have been assumed to be in place for purposes of Project approval pursuant to the TPO and are conditions to Project approval, building permits for the Project shall be issued only after the Improvement is committed as follows: 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. Adopted - February 26, 1979 Amended - February 14, 1994 Amended - November 23, 1981 Amended - November 12, 1985 Amended - November 26, 1987 Amended - November 27, 1989 Amended - March 22, 1993 Amended - January 24, 1994 Formerly S -1 Tpoadminproc101598.doc 1,12