Loading...
HomeMy WebLinkAbout86-20 - Amending Chapter 15.40 of the Newport Beach Municipal Code to Add Wording in Sections 15.40.036 And 15.40.050• ORDINANCE NO. 86 -20 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.40 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADD WORDING IN SECTIONS 15.40.036 AND 15.40.050. The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 15.40 of the Newport Beach Municipal Code is amended to read: Chapter 15.40 TRAFFIC PHASING ORDINANCE Sections: 15.40.010 Finding 15.40.020 Purpose. 15.40.030 Traffic Impact Limitation. 15.40.040 Definitions. • 15.40.050 Procedure. 15.40.060 Fees. 15.40.070 Appeal. 15.40.080 Severability. 15.40.010 Finding. The City Council of the City of Newport Beach finds that congestion of streets and intersections, traffic accidents, interference with emergency vehicles, and general overcrowding of existing neighborhoods have resulted, or will soon result, from inadequate phasing of commercial, industrial and residential growth, in relation to traffic capacity, which is harmful to the public health, safety and general welfare, (Ord. 1787 5 1 (part), 1979: Ord. 1765 5 1 (part), 1978). 15.40.020. Purpose. The City Council of the City of Newport Beach declares that aggravation of these conditions can be avoided, eliminated or alleviated by enacting the following, designed to permit major development only in those areas of the City of Newport Beach where adequate transportation facilities exist, are being implemented, or will be installed in conjunction with the development which will accommodate the traffic generated by such development, or where other trip generation reductions are adopted which will alleviate traffic impact. (Ord. 1787 S 1 (part), 1979: Ord. 1765 5 1 (part, 1978). • 15.40.030 Traffic Impact Limitation. (A) Limi- tation. No building or grading permit shall be issued, and no construction shall commence, for any project not exempt from this Chapter until the Planning Commission, or City Council on appeal or review, makes written findings that: -1- (i) 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 on any "major," "primary- modified" or "primary" street; or (b) the project is required to construct major improvements to the circulation system such that: (1) an unsatisfactory level of traffic service will not be caused, nor made worse, at any intersection for which there is a feasible identified improvement; and (2) the benefits to traffic circulation resulting from the major improvements substantially outweigh the increased traffic congestion at impacted, but unimproved, intersections; and (3) there is an overall reduction in intersection capacity utilization at impacted intersections, taking into account peak hour traffic volumes at those intersections, because of improvements required of the project; or (c) complies with (i)(a) above upon completion of a major improvement(s) and: (1) the time and money necessary to complete the improvement(s) is so clearly disproportionate to the size of, and traffic generated by, the project that it would be unreasonable for the City to condition the project on completion • of the improvement(s); and (2) based upon available information at the time of approval, there is a strong likelihood construction of the improvement(s) will commence within 48 months from date of project approval. This finding shall not be made unless, on or before the date of project approval, conceptual plans for the improvement have been prepared in sufficient detail to permit preparation of cost and funding estimates, cost and funding estimates for the improvement(s) have been prepared, the improvement(s) is consistent with the provisions of the General Plan of the City of Newport Beach or, if inconsistent, appropriate amendments to the General Plan have been initiated, and an account has been established by the City to receive all contributions and funds related to the improvement; and (3) approval of the project is conditioned upon payment of a fee to fund construction of the improvement(s) with the amount of the fee to bear the same proportion to the estimated cost of the improvement(s) as determined by the Traffic Engineer that the ratio of project generated traffic at the location of the improvement(s) bears to the additional traffic anticipated to result from development within the City of Newport Beach from date of project approval to the date on which construction of the improvement(s) is to commence, this fee to be in addition to any other fee, contribution or condition required by, or imposed pursuant to, • ordinances, plans, policies, or rules of the City of Newport Beach, or provisions of state law, including, but not limited to, the California Environmental Quality Act, or the Subdivision Map Act; and (4) the project's financial contribution towards construction of the major improvement(s) substantially outweighs the project's temporary adverse impact on unimproved intersection(s). -2- (ii) is a comprehensive phased land use development and circulation system improvement plan with construction of all phases not anticipated to be complete within 60 months of project • approval and: (a) the project is subject to a development agreement which requires the construction of major improvements early in a development phasing program; and (b) prior to approval the Planning Commission, or City Council on review or appeal, reviews and considers a traffic study which contains sufficient data and analysis to determine if: (1) development anticipated to be complete within 60 months or project approval satisfies the provisions of (i)(a) or (i)(b); and (2) the Land Use and Circulation Elements of the City's General Plan are made inconsistent by the impact of traffic generated by the project (including major improvements designed to mitigate traffic impacts) when added to traffic resulting from development anticipated to occur within the City based upon General Plan and Zoning designations; and (c) the Land Use and Circulation Elements of the City's General Plan are not made inconsistent as a result of traffic impacts generated by the project (including major improvements designed to mitigate traffic impacts) when added to traffic resulting from development anticipated to occur within the City based upon General Plan and Zoning designations; and . (d) project is required, during the sixty (60) month period immediately after approval, to construct major improvements to the circulation system such that: (1) an unsatisfactory level of traffic service will not be caused, nor made worse, at any intersection for which there is a feasible identified improvement; (2) the benefits to traffic circulation resulting from the major improvement(s) substantially outweigh the increased traffic congestion at impacted, but unimproved, intersections; and (3) there is an overall reduction in ICU at impacted intersections, taking into account peak hour traffic volumes at those intersections, the reduction caused by improvements required of the project. (iii) shall be excepted pursuant to subsection (D) of this section; provided, however, that such finding shall state the exception granted and the facts which justify the exception; or (B) Hearing. The Planning Commission shall hold a public hearing, noticed in the manner provided in Section 20.80.050(B) of the Newport Beach Municipal Code, and shall make • its written findings supported by the weight of the evidence. (C) Exemption. Any commercial or industrial project which has a gross floor area equal to or less than 10,000 square feet unless said commercial or industrial project will have an Average Daily Trip generation of more than 130 daily trips; or any residential project of 10 dwelling units or less shall be exempt from the requirements of this Chapter. -3- (D) Exceptions. The Planning Commission shall except any project from the requirements of this Chapter: (i) if it shall find that the City has issued a • building or grading permit for the project prior to the effective date of this Chapter and that the person to whom such permit was issued has in good faith and in reliance upon such permit diligently commenced construction and performed and incurred substantial liabilities for work and materials necessary therefor. No change causing a substantial increase in traffic volumes may be made in such project, except in accordance with the provisions of this Chapter; (ii) if it shall find that traffic during any a.m. or p.m. 2.5 hour peak traffic period on each leg of each critical intersection will be increased by less than 1% by traffic generated from the project during that a.m. or p.m. 2.5 hour period; (iii) if, by a vote of four - fifths (4 /5ths) of the members eligible to vote, it shall make a decision, supported by a written finding setting forth its reasons therefor, that the benefits of the project, including trip generation reductions, outweigh the project's anticipated negative impact on transportation facilities. The City Council shall not grant the exception under this subsection (iii) on appeal or review until it shall have first made the findings required by this subsection supported by an affirmative vote of four - fifths (4 /5ths) of its members eligible to vote. (E) Action. The application for any building, grading or other permit on a project, which is not exempt from this • Chapter, shall be approved, conditionally approved or denied within one year from the date on which said application has been received and accepted as complete by the City. Any appeal to the City Council from an action by the Planning Commission on an application or a determination by the City Council to review an application, shall be made within the time periods set out in Sections 20.80.070 and 20.80.075 of the Newport Beach Municipal Code. In the event action is not taken on an application within the time limits hereof, such failure shall be deemed approval of the project which otherwise is consistent with the ordinances and General Plan of the City of Newport Beach. (Ord. 1787 5 1 (part), 1979: Ord. 1977 5 1, 1978; Ord. 1765 S 1 (part), 1978). (F) Expiration. (i) Any approval granted in accordance with this Chapter shall expire within 24 months from the date of approval if a building permit has not been issued prior to the expiration date and subsequently construction is diligently pursued until completion, unless, at the time of approval, the Planning Commission or City Council has specified a different period of time. For any approval granted in accordance with this chapter for an anticipated construction scheduled beyond 24 months from the date of approval, the Planning Conmission or City Council shall establish a specific expiration date which shall be no less than 12 months from the anticipated start of construction. • (ii) Any approval granted in accordance with this Chapter prior to the adoption of this subsection if a building permit has not been issued prior to the expiration date and subsequently construction is diligently pursued until completion. An approval previously granted with multiple phases which extend beyond 24 months from the date of adoption of this subsection shall expire within 12 months from the anticipated construction date if a building permit has not been issued prior to the expiration date and subsequently construction is -4- diligently pursued until completion. The Planning Commission or City Council may, upon review and approval of a revised Traffic Study, using current data, approve a revised phasing program and establish expiration dates for a project previously approved • pursuant to this Chapter. (iii) Any approval granted in accordance with this Chapter which includes a phase or phases beyond 24 months shall be reviewed for progress to acquisition of building permits on a yearly basis. 15.40.040 Definitions. The following terms used in this Chapter shall have the meanings indicated below: UNSATISFACTORY LEVEL OF TRAFFIC SERVICE means peak period traffic service which is worse than Level of Service 'D' for one hour determined according to standard traffic engineering practices. PROJECT shall be determined by reference to the California Environmental Quality Act (California Public Resources Code S 21000 et seq.) and the administrative guidelines established thereunder. MAJOR IMPROVEMENTS shall mean a substantial physical change to an intersection or roadway or the construction of a new road, but shall not mean resurfacing, restriping or other similar changes. FEASIBLE IDENTIFIED IMPROVEMENT means a major improvement contemplated by, or consistent with, the Circulation and Land Use Elements of the City of Newport Beach, the cost of which is not • so clearly disproportionate to the size of, and traffic generated by, the project that it would be unreasonable for the City to condition the project on construction of the improvement. LEVEL OF SERVICE 'D' shall mean that level of traffic service set forth as "Level of Service 'D' in the Highway Capacity Manual (1965)" or any subsequent edition thereof, provided, however, that such level of service shall not exceed the most appropriate of the following criteria, as applicable: (i) intersection capacity utilization of 0.90; (ii) other criteria selected by the City Traffic Engineer which are consistent with subsection (i), and which have been reviewed and approved by the Planning Commission. CRITICAL INTERSECTION shall mean any intersection operating at an unsatisfactory level of traffic service, either prior to or as a result of a project, on any "major," "primary - modified," or "primary" street. "MAJOR," "PRIMARY - MODIFIED" or "PRIMARY" street shall be defined by the General Plan of the City of Newport Beach, Circulation Element. ELIGIBLE TO VOTE shall mean all members lawfully holding office except those disqualified from voting due to a conflict of interest. (Ord. 1787 S 1 (part), 1979: Ord. 1777 S 2, 1978: Ord. • 1765 S 1 (part), 1978). 15.40.050 Procedure. Subject to review by the Planning Commission, the City Traffic Engineer, exercising professional discretion, shall: (A) Determine traffic periods, streets and intersections which will be significantly affected by the -5- proposed project, taking into account the type, character and location of the proposed project, as well as the character of the streets which will serve the project; • (B) Determine if the project, when complete, will cause or make worse an unsatisfactory level of traffic services at any such street or intersection; (C) 1. Establish standard trip generation figures of project. Alternate trip generation rates may only be allowed based upon adequate documentation satisfactory to the Traffic Engineer and shall be subject to review by the Planning Commission or City Council. 2. Establish generation reductions which r proposed by the applicant. specifically find that any quantified and guaranteed to such reductions prior to their criteria for calculating trip iay result from specific measures The Planning Commission shall such measures can be adequately assure the long -term validity of inclusion in the traffic analysis; 3. Establish the bases for performing the traffic analysis at project completion; (D) Transmit these determinations to the Planning Commission with recommendations. (Ord. 1787 S 1 (part), 1979: Ord. 1765 S 1 (part), 1978). 15.40.060 Fees. The application shall be accompanied by a fee as established by resolution of the City Council to • defray the expense of administering this Chapter. (Ord. 1787 S 1 (part), 1979: Ord. 1765 S 1 (part), 1978). 15.40.070 Appeal. (A) Any determination of the Planning Commission shall be final unless there shall be an appeal by the applicant or any other person pursuant to the procedure set forth in Section 20.80.070 of the Newport Beach Municipal Code. Such appeal shall be limited to evidence presented before, and the findings of, the Planning Commission. (B) The City Council shall have a Right of Review as set forth in Section 20.80.075 of the Newport Beach Municipal Code, as limited above. (C) The City Council shall make its written finding in the same manner as set forth in Section 15.40.030 of this Chapter. (Ord. 1787 S 1 (part), 1979: Ord. 1765S 1 (part), 1978). 15.40.080 Severability. If any section or portion of this Chapter is declared invalid, the remaining sections or portions are to be considered valid. (Ord. 1787 S 1 (part), 1979: Ord. 1765 S 1 (part), 1978). This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of June, and adopted on the 23rd day of June , 1986, by the • following vote, to -wit: AYES, COUNCILMEMBERS Agee, Cox, Hart, Heather, Maurer, Plummer, Strauss NOES, COUNCILMEMBERS -6- 0 ATTEST: .!/ / • • ABSENT COUNCILMEMBERS -7-