HomeMy WebLinkAbout2007-12 - Amending Chapter 15.40 of the Newport Beach Municipal Code Relating to the Source of Trip Generation Rates to be Used in Traffic Impact StudiesORDINANCE NO. 2007 -12
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 15.40 OF THE NEWPORT BEACH MUNICIPAL CODE
RELATING TO THE SOURCE OF TRIP GENERATION RATES
TO BE USED IN TRAFFIC IMPACT STUDIES
WHEREAS, THE City Council of the City of Newport Beach initially
adopted the Traffic Phasing Ordinance (Ordinance 1765) on June 26, 1978; and
WHEREAS, the Traffic Phasing Ordinance has been amended several
times including most recently a comprehensive update adopted by Ordinance
99 -17 on July 12,1999; and
WHEREAS, the Traffic Phasing Ordinance methodology is based upon
using a recognized source for trip generation rates; and
WHEREAS, the City of Newport Beach no longer uses its former land use
based transportation model known as NBTAM; and
WHEREAS, the Institute of Transportation Engineers produces the widely
recognized publication Trip Generation;
NOW, THEREFORE, THE City Council of the City of Newport Beach
hereby ordains as follows:
SECTION 1: Section 15.40.040 of the Newport Beach Municipal Code and
Sections 2.b.v., 3.f., 3.h., 4.c.i., and 5.b. of APPENDIX A thereto shall be
amended as provided in Exhibit A.
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the same to be published once in
the official newspaper of the City, and it shall be effective thirty (30) days after its
adoption.
EXHIBIT A
Section 15.40.040 — Definitions.
The following terms used in this chapter shall have the meaning indicated below:
"Circulation element" means the Circulation Element of the General Plan of the
City of Newport Beach as amended from time to time.
"Circulation improvement(s) "or "improvement(s)" means a modification to a
primary intersection (possibly including a related roadway link) that increases the
capacity of the primary intersection.
"Date of approval" means the date the project is approved, pursuant to this
chapter, by the Planning Commission or City Council on review or appeal.
"Feasible improvement" means a circulation improvement that:
1. Is not inconsistent with the Circulation Element as the date of approval
and has not been identified as infeasible by the City Council at a public
hearing to initiate or approve a traffic mitigation study; or
2. Is not inconsistent with any amendment(s) to the Circulation Element
initiated and approved in conjunction with the project and is required to be
completed by the project proponent and /or the City within the time frames
required by this chapter.
"ICU" means the intersection capacity utilization computed in accordance with
standard traffic engineering principles and the procedures outlined in the existing
Appendix A.
"Impacted primary intersection" means any primary intersection where project
trips increase the volume of traffic on any leg by one percent (1 %) or more during
any peak hour period.
"Level of traffic service" means the letter assigned to a range of ICU's in
accordance with Appendix A.
"Members eligible to vote" means all members of the Planning Commission, or
the City Council on review or appeal, lawfully holding office except those
members disqualified from voting due to a conflict of interest.
"Peak hour period" means the four consecutive fifteen (15) minute periods
between seven a.m. and nine a.m. (morning) and the four consecutive fifteen
(15) minute periods between four p.m. and six p.m. (evening) with the highest
traffic volumes (for each primary intersection) as determined by the field counts
required by Appendix A.
"Primary intersection " means each intersection identified in the existing
Appendix B and, with respect to individual projects, any additional intersection
selected by the Traffic Manager pursuant to Section 15.40.050(B)(1).
"Project" means "project' as defined in the California Environmental Quality Act
(Public Resources Code §21000 et seq.), the CEQA Guidelines, and relevant
decisional law without regard to whether any environmental document is required
for the project. The term "project' shall also mean any application for a building
or grading permit for development that would generate more than three hundred
(300) average daily trips.
"Traffic engineer" means the traffic engineer retained by the City to prepare the
traffic study.
"Traffic Manager" means the person employed by the City who occupies the
position of Traffic and Development Services Manager or similar position.
"Traffic mitigation study" means a study designed to evaluate and recommend a
plan to mitigate the impact of an actual or potential unsatisfactory level of traffic
service at any primary intersection or traffic volumes in any residential
neighborhood in the vicinity of that primary intersection.
"Traffic study" means the study prepared by the traffic engineer in strict
compliance with this chapter including Appendix A.
"Unsatisfactory level of service" means a level of service at a primary
intersection, which is worse than level of service "D" (.90 ICU), during any
morning or evening peak hour period as determined in accordance with
Appendix A.
CHANGES TO APPENDIX A
Section 2.b.v. Any information, study, or report that supports any request
by the Project proponent to use trip generation rates that differ from those in the
most current version of ITE's Trip Generation or the SANDAG Traffic Generators;
and
Section 3.d.iv Increases in regional traffic anticipated to occur within one
year after Project completion as projected in the most current City Council
approved traffic analysis model for the City of Newport Beach or other accepted
sources of future Orange County traffic growth; and
Section 3.f. Trip generation rates for the land uses contemplated by the
Project shall be based on standard trip generation values listed in the current
version of ITE's Trip Generation except as provided in this Subsection. The
Traffic Engineer may, with the concurrence of the Traffic Manager, use trip
generation rates other than as specified in Trip Generation when such rates are
based on limited information or study and there is a valid study of the trip
generation rate of a similar land use that supports a different rate.
Section 3.11. 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 ITE's Trip Generation. In the alternative, the Traffic Manger may, in the
exercise of his/her professional judgment, authorize the use of trip generation
rates in SANDAG's Traffic Generators or on the basis of actual site traffic counts.
In the event the Project site has not been used for any purpose for a period of
one (1) year prior to the filing of an application for a Traffic Study, credit shall be
limited to trips generated by the last known land use, if any, that could be
resumed with no discretionary approval. For any land use that is not active as of
the date of the application for a Traffic Study, the Project proponent shall have
the burden of establishing that the use was in operation during the previous one
(1) year period.
Section 4.c.i the assumptions in the City's current transportation analysis
model relative to production and attraction characteristics of various land uses;
and
Section 5.b In the case of conversion of an existing structure to a more intense
land use, the incremental increase in trips generated by the Project shall be
evaluated. In the event the uses within the existing structure changed during the
preceding twelve (12) months, the differential shall be calculated on the basis of
the prior use or uses with the highest trip generation rates according to ITE's Trip
Generation (or SANDAG's Trip Generators as appropriate).
SECTION 3: This ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held the 10th day of July, 2007, and
adopted on the 24th day of July, 2007, by the following vote, to wit:
AYES,
COUNCIL MEMBERS Henn, curry. Selich,
NOES,
COUNCIL MEMBERS None
ABSENT
COUNCIL MEMBERS None
ATTEST:
CITY CLERK
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
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. 2007 -12 as 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 24th
day of July 2007, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 25th day of July 2007.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2007 -12 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 28, 2007.
In witness whereof, I have hereunto subscribed mmyy aloe this day of 6C etjqe-�
2007.
City Clerk
City of Newport Beach, California