HomeMy WebLinkAbout99-17 - Amending Chapter 15 of the Nerwport Beach Municipal Code Pertaining to Traffic Phasing OrdinanceORDINANCE NO. 99-17
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING CHAPTER 15 OF THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
TRAFFIC PHASING ORDINANCE
NOW THEREFORE, the City Council of the City of Newport Beach,
California, HEREBY ORDAINS as follows:
SECTION 1: Chapter 15.40 of Newport Beach Municipal Code is hereby
amended to read as follows:
SECTIONS:
15.40.010
15.40.020
• 15.40.030
15.40.035
15.40.040
15.40.050
15.40.060
15.40.070
15.40.075
15.40.080
15.40.010
Chapter 15.40
TRAFFIC PHASING ORDINANCE
Findings.
Objectives.
Standards for Approval /Findings /Exemptions.
Expiration.
Definitions.
Procedures.
Hearings /Notice.
Appeal/Review.
Proportionality.
Severability.
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. Traffic congestion caused by inadequate phasing of Circulation
Improvements and development is harmful to the public health,
safety and general welfare due to the potential for delays in
emergency response, air quality impacts and an overall reduction in
• the quality of life.
C. While some development may be important to the continued vitality
of the local economy, the City should continue to require mitigation
of traffic impacts by Project proponents to ensure the circulation
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system functions as planned;
D. 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;
•
•
E. This Chapter is consistent with the authority of a public entity to
ensure that Project proponents make or fund improvements that
increase the capacity of the circulation system to accommodate
Project generated traffic.
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
Period;
B. To identify the specific and near -term impacts of Project traffic as
well as Circulation System Improvements that will accommodate
Project traffic and ensure that development is phased with
identified circulation system improvements;
C. To ensure that Project proponents, as conditions of Approval
pursuant to this Chapter, make or fund Circulation System
Improvements that mitigate the specific impacts of Project traffic on
Primary Intersections at or near the time the Project is ready for
occupancy; and
D. To provide a mechanism for ensuring that a Project proponent's
cost of complying with traffic related conditions of Project approval
is roughly proportional to Project: impacts.
15.40.030 Standards for Approval /Findings /Exemptions.
A. Standards for Approval
Unless a Project is exempt as provided in Subsection C., 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 Approved only if the Planning
Commission, or the City Council on review or appeal, finds:
1. That a Traffic Study for the Project has been prepared in
compliance with this Chapter and Appendix A;
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2. That, based on the weight of the evidence in the
administrative record, including the Traffic Study, one of the
Findings for Approval in Subsection B can be made; and
• 3. That the Project Proponent has agreed to make or fund the
Improvements, or make the contributions, that are necessary
to make the Findings for Approval and to comply with all
conditions of Approval:
B. Findings for Approval.
No Project shall be Approved pursuant to this Chapter unless the
Planning Commission, or the City Council on review or appeal, 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 Impacted
Primary Intersection; OR
b. The Project including Circulation Improvements that the
Project proponent is required to make and /or fund, pursuant
• to a Reimbursement Program or otherwise, will neither
cause nor make worse an Unsatisfactory Level of Traffic
Service at any Impacted Primary Intersection; OR
C. The Project trips will cause or make worse an Unsatisfactory
Level of Traffic Service at one or more Impacted Primary
Intersection(s) but the Project proponent is required to
construct and /or fund, pursuant to a Reimbursement
Program or otherwise, Circulation Improvements, or make
contributions, such that:
(i) The Project trips will not cause or make worse an
Unsatisfactory Level of Traffic Service at any
Impacted Primary Intersection for which there is a
Feasible Improvement; and
(ii) The benefits resulting from Circulation Improvements
constructed or funded by, or contributions to the
preparation or implementation of a Traffic Mitigation
Study made by, the Project proponent outweigh the
adverse impact of Project trips at any Impacted
• Primary Intersection for which there is (are) no
Feasible Improvements) that would, if implemented,
fully satisfy the provisions of Subsection 15.40.030
B.1.b. In balancing the adverse impacts and benefits,
only the following .Improvements and /or contributions
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shall be considered with the greatest weight accorded
to the Improvements and /or contributions described in
Subparagraphs a and b below:
• a. Contributions to the preparation of, and /or
implementation of some or all of the
recommendations in, a Traffic Mitigation Study
related to an Impacted Primary Intersection
that is initialed or approved by the City Council;
b. Improvements, if any, that mitigate the impact
of Project trips at any Impacted Primary
Intersection for which there is (are) no Feasible
Improvement(s) that, if implemented, would
satisfy the provisions of Subsection 15.40.030
B.1.b.;
C. Improvements that mitigate the impacts of
Project trips on any Impacted Primary
Intersection in the vicinity of the Project;
d. Improvements that mitigate the impacts of
Project trips on any Impacted Primary
• Intersection operating, or projected to operate,
at or above 0.80 ICU; OR
d. The Project complies with (1)(b) upon the completion of one
or more Circulation Improvements; and:
(i) The time and /or funding 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 of Approval, a conceptual plan for
each Improvement has been prepared in sufficient
detail to permit estimation of cost and funding sources
for the Improvement(s); the Improvement(s) is (are)
consistent with the Circulation Element or appropriate
amendments have been initiated; an account has
• been established to receive all funds and
contributions necessary to construct the
Improvement(s) and the Improvement is identified as
one to be constructed pursuant to the Five Year
Capital Improvement Plan and as specified in
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Appendix A; 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. The fraction shall be calculated by
dividing the "effective capacity decrease" in the
Impacted Primary Intersection attributable to Project
trips by the "effective capacity increase" in the
Impacted Primary Intersection that is attributable to
the Improvement. The terms "effective capacity
increase" and "effective capacity decrease" shall be
calculated in accordance with the provisions of
Appendix A. 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
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
Subsections B.1.a or B.1.b; and
C. The Land Use and Circulation Elements of the General Plan
are not made inconsistent by the impact of Project trips
(including Circulation Improvements designed to mitigate the
impacts of Project 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
Improvement(s) such that:
(i) Project trips will not cause or make worse an
• Unsatisfactory Level of Traffic Service at any
Impacted Primary Intersection for which there is a
Feasible Improvement;
(ii) The benefits resulting from Circulation Improvements
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constructed or funded by, or contributions to the
preparation or implementation of a Traffic Mitigation
Study made by, the Project proponent outweigh the
• adverse impact of Project trips at any Impacted
Primary Intersection for which there is (are) no
Feasible Improvement(s) that would, if implemented,
fully satisfy the provisions of Subsection 15.40.030
B.1.b. In balancing the adverse impacts and benefits,
only the following Improvements and /or contributions
shall be considered with the greatest weight accorded
to the Improvements and/or contributions described in
Subparagraphs a. or b.:
a. Contributions to the preparation of, and /or
implementation of some or all of the
recommendations in, a Traffic Mitigation Study
related to an Impacted Primary Intersection
that is initiated or approved by the City Council;
b. Improvements, if any, that mitigate the impact
of Project trips at any Impacted Primary
Intersection for which there is (are) no Feasible
Improvement(s) that, if implemented, would
fully satisfy the provisions of Subsection
• 15.40.030 B.1.b.;
C. Improvements that mitigate the impacts of
Project trips on any Impacted Primary
Intersection in the vicinity of the Project;
d. Improvements that mitigate the impacts of
Project trips on any Impacted Primary
Intersection operating, or projected to operate,
at or above 0.80 ICU; and
3. The Planning Commission, or City Council on review or appeal
finds, by the affirmative vote of five- sevenths of the Members
Eligible to Vote, that this Chapter is inapplicable to the Project
because the Project will result in benefits that outweigh the
Project's anticipated negative impact on the circulation system.
C. Exemptions.
• The following Projects are exempt from the provisions of this Chapter:
1. Any Project that generates no more than three hundred (300)
average daily trips. This exception shall not apply to individual
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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 that, during any morning or evening Peak Hour Period,
does not increase trips by one percent or more on any leg of any
Primary Intersection.
3. Any Project that meets all of the following criteria:
a. The Project would be constructed on property within the
sphere of influence of the City of Newport Beach and 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 vesting tentative or parcel map,
development agreement, pre- annexation agreement and /or
other legal document that vests the right of the property
owner to construct the Project in the County or adjacent city;
and
C. The property owner enters into a development agreement,
• pre- annexation agreement, or similar agreement with the
City of Newport Beach:
(i) That establishes the average daily trips generated by
the Project ( "baseline ");
(ii) That requires the property owner to comply with this
Chapter prior to the issuance of any permit for
development that would, in any twenty-four (24)
month period, generate more than three hundred
(300) average daily trips above the baseline for the
Project; and
(iii) That makes this Chapter applicable to the Project
immediately upon annexation.
d. The City Council determines, prior to annexation, that the
environmental document prepared for the Project fully
complies with CEQA and the CEQA Guidelines.
15.40.035 Expiration.
• A. The Planning Commission, or City Council on review or appeal,
shall establish a specific date on which the Approval of the Project
shall expire (Expiration Date). In no event shall the Expiration Date
be less than twenty- four (24) months from the date of Approval.
The initial Expiration Date for Projects other than those described
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in Section 15.40.030 (13)(2) shall be no more than sixty (60) months
from the Date of Approval unless subsequent approval is required
from another public agency. In the event the Project requires
• approval from another public agency subsequent to Approval
pursuant to this Chapter, the Date of Approval shall be the date of
the action taken by the last public agency to consider the Project.
Approval pursuant to this Chapter shall terminate on the Expiration
Date unless a building permit has been issued for the Project and
construction has commenced pursuant to that permit prior to the
Expiration Date or the Expiration Date has been extended pursuant
to Subsection C.
B. Any Project approved pursuant to this Chapter shall be considered
a "Committed Project" until the Expiration Date, if any, or until the
final certificate of occupancy has been issued if construction has
commenced on a portion or a phase of the Project. All trips
generated by each Committed Project shall be included in all
subsequent Traffic Studies conducted pursuant to this Chapter as
provided in Appendix A. Committed Projects shall be administered
in accordance with Appendix A.
C. The Planning Commission or City Council may, subsequent to the
Date of Approval, extend the Expiration Date for any Project.
• D. The Planning Director and Traffic Manager shall, at least annually,
monitor the progress of each Project to ensure compliance with this
Chapter.
15.40.040 Definitions.
The following terms used in this Chapter shall have the meaning indicated below:
A. "Circulation Element" shall mean the Circulation Element of the
General Plan of the City of Newport Beach as amended from time
to time.
B. "Circulation Improvement(s)" or " Improvement(s)" shall mean
a modification to a Primary Intersection (possibly including a related
roadway link) that increases the capacity of the Primary
Intersection.
C. "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.
• D. "Feasible Improvement" means a Circulation Improvement that:
1. Is not inconsistent with the Circulation Element at the Date
of Approval and has not been identified as infeasible by the
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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.
E. "ICU" means the intersection capacity utilization computed in
accordance with standard traffic engineering principles and the
procedures outlined in Appendix: A.
F. "Impacted Primary Intersection" means any Primary Intersection
where Project trips increase the volume of traffic on any leg by one
percent (1 %) or more during any Peak Hour Period.
G. "Level of Traffic Service" shall mean the letter assigned to a
range of ICU's in accordance with Appendix A.
H. "Members Eligible to Vote" shall mean 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.
I. "NBTAM" means the most current City Council approved Traffic
Analysis Model for the City of Newport Beach.
J. "Peak Hour Period " shall mean the four consecutive fifteen (15)
minute periods between 7:00 a.m. and 9:00 a. m. (morning) and
the four consecutive fifteen (15) minute periods between 4:00 p.m.
and 6:00 p.m. (evening) with the highest traffic volumes (for each
Primary Intersection) as determined by the field counts required by
Appendix A.
K. "Primary Intersection" shall mean each intersection identified in
Appendix B and, with respect to individual Projects, any additional
intersection selected by the Traffic Manager pursuant to Section
15.40.050 B.1.
L. "Project" shall mean "project' as defined in the California
Environmental Quality Act Public Resources Code 4 21000 et
sec.), 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.
N
M. "Traffic Engineer" shall mean the traffic engineer retained by the
City to prepare the Traffic Study.
• N. "Traffic Manager" shall mean the person employed by the City
who occupies the position of Traffic and Development Services
Manager or similar position.
O. "Traffic Mitigation Study" shall mean 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 on traffic volumes in any residential neighborhood in
the vicinity of that Primary Intersection.
P. "Traffic Study" shall mean the study prepared by the Traffic
Engineer in strict compliance w4h this Chapter including Appendix
A.
Q. "Unsatisfactory Level of Service" shall mean 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.
14.40.050 Procedures.
• A. The Planning Commission shall determine compliance with this
Chapter based on the Traffic Sturdy 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, or City Council on
review or appeal, 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 and, in compliance with
Appendix A, determine those Primary Intersections (or other
intersections if the impact of Project traffic on Primary
Intersections may not be representative) that may be
impacted by Project trips;
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;
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
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land uses, and the criteria for distributing Project trips to
ensure that each Traffic Study reflects 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,
• F. The City Council shall conduct a noticed public hearing prior to
initiating or approving any Traffic Mitigation Study and identifying as
infeasible any Improvement at or near any Primary Intersection;
G. The City Council may establish Reimbursement Programs to
ensure that multiple Projects affecting the same Primary
Intersection pay for Improvements in proportion to their respective
impacts. The Reimbursement Programs shall be developed and
administered in compliance with Appendix A.
15.40.060 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 Project. The
hearing shall be noticed in the manner provided in Section
20.91.030 C. 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.
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15.40.070 Appeal /Review.
A. Except as otherwise provided in this Chapter, any Planning
• Commission decision to Approve 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 in Chapter 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 traffic related condition or conditions on the
• Approval of a Project that would require the Project
proponent to construct one or more Circulation
Improvement(s) if the total cost of traffic related conditions
and /or Improvements is not roughly proportional to the
impact of Project trips; or
2. Impose any traffic related condition or conditions on the
Approval of a Project which would require the payment of
fees or costs that are not roughly proportional to the impact
of Project trips.
B. The provisions of this Chapter are intended to address the specific
and, in most cases, near term impacts of Project trips on Impacted
Primary Intersections rather than the overall impact of Project traffic
on the circulation system. Chapter 15.38 of the Newport Beach
Municipal Code is intended to address the overall impact of
development on the circulation system. Conditions or fees
imposed pursuant to this Chapter shall be in addition to fees
required pursuant to Chapter 15.38 except as otherwise provided in
Chapter 15.38.
• 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 on any Project all feasible mitigation measures pursuant to
the provisions of applicable law, including CEQA and the CEQA
Guidelines.
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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 on a Project
pursuant to:
1. A development agreement;
2. A reimbursement agreement, a Reimbursement Program, or
any agreement acceptable to the Project proponent;
3. The consent of the Project proponent; or
• 4. An amendment to the Land Use Element or Zoning
Ordinance of the City of Newport Beach that is required for
approval of the Project.
•
15.40.080 Severabililty.
If all or a portion of any Section or Subsection of this Chapter is declared invalid,
all of the provisions of this Chapter that have not been declared invalid shall be
considered valid and in full force and effect.
SECTION 2: That if any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity or constitutionality of the remaining portions of
this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each section, subsection, clause or phrase hereof, irrespective of
the fact that any one to more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
SECTION 3: 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 within fifteen (15) days after its adoption.
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•
This Ordinance was introduced at a regular meeting of the City Council of
the City of Newport Beach held on the 28th day of June 1999, and adopted on the
12th day of July 1999, by the following vote, to -wit:
ATTEST:
AYES, COUNCILMEMBERS Adams, Glover
Debay, Ridgeway, Noyes, Mayor O'Neil
NOES, COUNCILMEMBERS None
ABSENT, COUNCILMEMBERS Thomson
MAYOR
• LaVonne Harkless, City Clerk
•
on
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APPENDIX; A
• ADMINISTRATIVE PROCEDURES FOR IMPLEMENTING
THE TRAFFIC PHASING ORDINANCE
1. General.
These Administrative Procedures (Procedures) apply to any Project for which
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 by the following information:
• i. A complete description of the Project including the total
amount of floor area to The 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 the most current version
of the ITE Manual or the SANDAG Manual; 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.
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3. Traffic Study Assumptions.
a. The definitions in Section 1:5.40.040 of the Newport Beach
• Municipal Code shall be applicable to these Procedures.
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 made by calculating the
volume to capacity ratios for each movement to three decimal
places, and then adding the critical movements to obtain an ICU
with three decimal places. The increase in the ICU attributable to
Project trips shall be calculated to three decimal places. The ICU
shall then be rounded to two decimal places. For example, an ICU
of .904 shall be rounded to .90 and an ICU of .905 shall be
rounded to .91.
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 is consistent with standard
City design criteria or has 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. Traffic volume estimates shall be based on:
L The most current field counts for each Primary Intersection
with counts taken on weekdays during the morning and
evening Peak Hour Period between February 1 and May 31;
• ii. Traffic generated by Committed Projects as determined in
accordance with the TPO and these Procedures
iii. Projects reasonably expected to be complete within the one
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year after Project completion and which are located in the
City of Newport Beach or its sphere of influence;
• iv. Increases in regional traffic anticipated to occur within one
year after Project completion as projected in the NBTAM or
other accepted sources of future Orange County traffic
growth; and
V. Other information customarily used by Traffic Engineers to
accurately estimate future; traffic volumes.
e. For purposes of the traffic analysis of Circulation System
Improvements, seventy percent (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 utilized in
NBTAM 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 the NBTAM when
NBTAM trip generation 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.
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 and permanent
measures that will reduce: Peak Hour Period trips 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 Period Project
trips and the specific reduction in Project trips 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
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of the measure(s) a condition to the approval of the Project,
and the measure(s) shall be made a condition of the Project
by the Planning Commission or City Council on review or
• appeal.
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 NBTAM. In the alternative, 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. 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 Traffic Study, the Project proponent shall have the
burden of establishing that the use was in operation during the
previous one (1) year period.
L The purpose of this Paragraph is to ensure that trips that would be
generated upon completion of a Project approved pursuant to the
TPO are incorporated into any subsequent Traffic Study conducted
. prior to completion of the Project and /or post - Project field counts
specified in Section 3.d.i. A Committed Project is one that has
been approved pursuant to the TPO, requires no further
discretionary approval by the City, and has received, or is entitled
to receive, a building or grading permit for construction of the
Project or one or more phases of the Project. In preparing a Traffic
Study, trips generated by Committed Projects shall be included
subject to the following:
i. All trips generated by each Committed Project or that portion
or phase of the Committed Project for which no certificate of
occupancy has been issued shall be included in any Traffic
Study conducted prior to the Expiration Date of that
Committed Project;
ii. In the event a final certificate of occupancy has been issued
for one or more phases of a Committed Project, all trips shall
be included in subsequent Traffic Studies until completion of
the first field counts required by Subsection 3(d)(i)
subsequent to the date on which the final certificate of
occupancy was issued. Subsequent to completion of the
• field counts, those trips generated by phases of the
Committed Project that have received a final certificate of
occupancy shall no longer be included in subsequent Traffic
Studies.
iU
Ll
•
•
iii. The Traffic Manager and Planning Director shall maintain a
list of Committed Projects and, at least annually, update the
list to reflect new Approvals pursuant to the TPO as well as
completion of all or a portion of each Committed Project. A
Committed Project shall not be removed from the Committed
Project list until a final certificate of occupancy has been
issued for all phases and the field counts required by
Subsection 3(d)(i) have been taken subsequent to issuance
of the certificate of occupancy.
iv. The total trips generated by Committed Projects shall be
reduced by twenty percent (20 %) to account for the
interaction of Committed (Project trips.
j. For purposes of Chapter 15.40 and these Procedures, the following
Levels of Traffic Service ranges shall apply:
A
.00 -.60 ICU
B
.61 -.70 ICU
C
.71 -.80 ICU
D
.81 -.90 ICU
E
.91 —1.00 ICU
F
Above 1.00 ICU
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 determine the most probable manner in which
Project Trips will be distributed throughout the Circulation System.
The determination of Project trip distribution shall be consistent
with:
the assumptions in NBTAM relative to the trip production
and attraction characteristics of various land uses; and
ii. previous trip distribution determinations for Projects of
similar size and location;
19
Trip distributions shall be in increments of 5% of Project Trips. In no
event shall Project trips be removed from any roadway on which a Primary
Intersection is located except at a signalized intersection with another
• roadway on which a Primary Intersection is located. The determination of
Project trip distribution shall, in all cases, reflect the most probable
movement of Project trips throughout the Circulation System. The Traffic
Study shall clearly explain the rationale for the determination of Project
trip distribution.
d. The Traffic Engineer shall determine if Project trips will increase
traffic on any leg of any Primary Intersection by one percent (1 %)
or more during any Peak Hour Period one year after Project
completion.
e. In the event the Traffic Engineer determines that Project generated
trips will not increase traffic by one percent (1 %) or more on any leg
of any Primary Intersection during any morning or evening Peak
Hour Period one year after Project completion the analysis will be
terminated. In such event the Traffic Study and worksheet shall be
submitted to the Planning Commission with a recommendation that
the Project be determined exempt from the TPO pursuant to
Section 15.40.030 C.2.
f. No mitigation shall be identified or required for any Primary
• Intersection unless Project trips increase traffic on one or more of
the legs of the intersection by one percent (1%) or more during any
morning or evening Peak Hour Period.
5. Traffic Study Methodology-
a. The Traffic Engineer, in preparing the Traffic Study, shall evaluate
the impact of Project trips generated from all proposed 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 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 NBTAM (or
ITE Manual or SANDAG Manual as appropriate).
C. Project trips shall be distributed in accordance with the
• determination specified in Subparagraph 4c.
d. The following ICU calculations shall be performed for each Primary
Intersection where, one year after Project completion, Project
generated trips will increase traffic by one percent (1 %) or more on
20
any leg of the Primary Intersection during any morning and /or
evening Peak Hour Period:
• i. The existing ICU;
ii. The ICU, with Circulation System Improvements that will be
in place within one year after Project completion, based on
all projected traffic including regional traffic increases and
trips generated by Committed Projects excluding Project
generated trips; and
iii. The ICU in (ii) with Project trips;
iv. The ICU in (ii) with Project trips and any trip reduction
measures approved by the Traffic Manager
V. The ICU in (ii) with Project trips and any mitigation resulting
from Improvements
vi. The ICU in (v) with trip reduction measures approved by the
Traffic Manager.
e. The Traffic Study shall, for each Impacted Primary Intersection with
• an Unsatisfactory Level of Service (ICU of .905 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 trips. The Traffic Study shall also determine the
extent to which the Improvement provides additional capacity for
critical movements at the Impacted Primary Intersection in excess
of the Project trips and any other information relevant to the
calculation of any fee required by the TPO.
f. The Traffic Study shall, for each Improvement identified pursuant to
Subsection e., 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 other
qualified professional to prepare the cost estimates.
g. The determination of "effective capacity increase" and "effective
capacity decrease" as described in Section 15.40.030 B.1.d. shall
be made as specified in this Subparagraph.
i. In determining the "effective capacity increase" attributable
• to any Improvement to any Primary Intersection, the Traffic
Engineer shall first calculate the ICU with existing,
committed and regional trips (Future W/O Project ICU).
Then the ICU shall be calculated with existing, committed
and regional trips and the Improvement (Improved W/O
21
Project ICU). The "effective capacity increase" shall be
determined by subtracting the Improved W/O Project ICU
from the Future W/O Project ICU.
• ii. In determining the "effective capacity decrease" attributable
to Project trips the Traffic Engineer shall first calculate the
ICU of the Primary Intersection with existing, committed and
regional trips, Project trips and the Improvement (Improved
With Project ICU). The "effective capacity decrease" shall
be calculated by subtracting the Improved W/O Project ICU
from the Improved With Project ICU.
iii. For example, if the Future W/O Project ICU is .92 and the
Improved W/O Project ICU is .82 the "effective capacity
increase" is 10. If the Improved W/O Project ICU is .82 and
the Improved ICU With Project ICU is .87 the "effective
capacity decrease" is 5. Assuming the cost of the
Improvement is $100,000 the contribution of the Project
would be $50,000 ($100,000 multiplied by 5/10).
h. The Traffic Study shall also provide the Planning Commission with
any additional information relevant to the findings or analysis
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
Approved pursuant to Section 15.40.030 13.1.b., 15.40.030 B.1.c., or
15.40.030 B.2. until each Improvement that has been assumed to be in
place for purposes of Project Approval, or is to be constructed or funded
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, County or other governmental agency making the
Improvement has accepted bids for the Project; or
22
C. The Improvement has been approved by the appropriate
governmental jurisdictions and !is to be constructed by the Project
• proponent in conjunction with development of the Project or the
Project proponent has guaranteed construction of the Improvement
through the posting of bonds or other form of assurance.
L-1
•
n
•
Reimbursement Programs.
a. The City Council may establish Reimbursement Programs to
ensure Project conditions are roughly proportional to Project
impacts and to facilitate the prompt construction of Improvements
to mitigate the impact of Project trips. A Reimbursement Program
may be proposed by the City Manager to the City Council
whenever he /she becomes aware of the potential for multiple
Projects to impact a Primary Intersection and a Feasible
Improvement may be required of one or more of the Projects
because of the impact of Project trips.
b. A Reimbursement Program shall have the following components:
L Identification of the Feasible Improvement(s) including,
without limitation, preliminary design and cost estimates and
the estimated date of completion of the Feasible
Improvement(s);
ii. Calculation of the "effective capacity increase" attributable to
the Feasible Improvement(s);
The amount of the cost of the Feasible Improvement for
which the City or Project Proponent shall be entitled to
reimbursement from subsequent or contemporaneous
Projects;
iv. The duration of the
shall be required
Projects.
Committed Improvements.
period during which Reimbursement
of subsequent or contemporaneous
In the case of Projects Approved pursuant to Section 15.40.030 B.1.d.,
the Improvement(s) assumed to be completed within forty -eight (48)
months after Project Approval shall be listed in the Five Year Capital
Improvement Program (CIP). The City Council shall not remove the
Improvement(s) from the CIP unless a different Improvement (Substitute
Improvement) is identified and the Substitute Improvement will result in
reductions in the ICU at the Impacted Primary Intersection that equal or
exceed the reduction(s) in ICU at the! Impacted Primary Intersection(s)
that were assumed or projected when the Project was Approved.
23
• APPENDDC B
PRIMARY INTERSECTIONS
Bayview & Bristol
Jamboree & Bayview
Birch & Bristol North
Jamboree & Birch
Birch & Bristol
Jamboree & Bison
Campus & Bristol
Jamboree & Bristol North
Campus & Bristol North
Jamboree & Bristol
Campus & Von Karmen
Jamboree & Campus
Coast Highway & Avocado
Jamboree & Ford /Eastbluff
Coast Highway & Bayside
Jamboree & MacArthur
Coast Highway & Dover /Bayshore
Jamboree & San Joaquin Hills
Coast Highway & Goldenrod
Jamboree & Santa Barbara
Coast Highway & Jamboree
Jamboree & University /Eastbluff
Coast Highway & MacArthur
MacArthur & Birch
Coast Highway & Marguerite
MacArthur & Bison
Coast Highway & Newport Center
MacArthur & Campus
Coast Highway & Newport Ramp
MacArthur & Ford /Bonita Canyon
Coast Highway & Orange
MacArthur & San Joaquin Hills
• Coast Highway & Poppy
MacArthur & San Miguel
Coast Highway & Riverside
MacArthur & Von Karman
Coast Highway & Tustin
Marguerite & San Joaquin Hills
Coast Highway & Superior
Newport & Hospital
Dover & 16th
Newport & Via Lido
Dover & Westcliff
Newport & 32nd
Irvine & Dover /1gth
Placentia & Superior
Irvine & Highland/20th
San Miguel & San Joaquin Hills
Irvine & Mesa
Santa Cruz & San Joaquin Hills
Irvine & Santiago/22nd
Santa Rosa & San Joaquin Hills
Irvine & University
Irvine & Westcliff /17th
•
24
E
•
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 99 -17 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day
of July, 1999, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Adams, Glover, Debay, Ridgeway, Noyes, Mayor O Neil
Noes: None
Absent: Thomson
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 13th day of July, 1999.
(Seal)
�1(� /Qnme
City Clerk of the City of
Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH )
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 99 -17 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: July 17, 1999.
In witness whereof, I have hereunto subscribed my name this —Dnd day of
u�T, 1999.
G���
04 f
City Clerk of the City of
Newport Beach, California