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HomeMy WebLinkAboutMaterials recieved after packet distributionMaterial(s) received after the Planning Commission packets were distributed, or received at the meeting. These material(s) were distributed to staff, Commissioners and made available to the public. Chapter 15.40 TRAFFIC PHASING ORDINANCE* Sections: 15.40.010 Findings. 15.40.020 Objectives. 15.40.030 Standards for Approval - Findings— Exemptions. 15.40.035 Expiration. 15.40.040 Definitions. 15.40.050 Procedures. 15.40.060 Hearings — Notice. 15.40.070 Appeal — Review. 15.40.075 Proportionality. 15.40.080 Severability. * Prior ordinance history: Ords. 1765, 1777, 1787, 85 -30, 86 -20 and 942. 15.40.010 Findings. A. The phasing of development with circulation system improvements to accommodate project -gen- erated traffic is important to maintaining the high quality of the residential and commercial neighbor- hoods in Newport Beach; B. Traffic congestion caused by inadequate phasing of circulation improvements and develop- ment 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 circula- tion 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 capaci- 15.40.010 ty of the circulation system to accommodate project - generated traffic. (Ord. 99 -17 § 1 (part), 1999) 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 im- provements that will accommodate project traffic and ensure that development is phased with identi- fied circulation system improvements; C. To ensure that project proponents, as condi- tions 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. (Ord. 99 -17 § 1 (part) , 1999) 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 ap- proved 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 Ap- pendix A; 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 569 (Newport Beaeh 9 -99) 15.40.030 3. That the project proponent has agreed to make or fund the improvements, or make the contri- butions, that are necessary to make the findings for approval and to comply with all conditions of ap- proval. B. Findings for Approval. No project shall be approved pursuant to this chapter unless the Plan- ning 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 improve- ments 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 impact- ed 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, pur- suant to a reimbursement program or otherwise, circulation improvements, or make contributions, such that: (1) 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 (2) The benefits resulting from circulation im- provements constructed or funded by, or contribu- tions to the preparation or implementation of a traffic mitigation study made by, the project pro- ponent 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 Section 15.40.030 (B)(1)(b). In balancing the adverse im- pacts 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) and (b) below: (Newport Bcwh 9.99) 570 (a) Contributions to the preparation of, and/or implementation of some or all of the recommenda- tions 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 im- pact of project trips at any impacted primary inter- section for which there is (are) no feasible improve - ment(s) that, if implemented, would satisfy the provisions of Section 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 improve- ments; and: (1) The time and/or funding necessary to com- plete the improvement(s) is (are) not roughly pro- portional to the impacts of project - generated trips, and (2) There is a strong likelihood the improve - ment(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 cir- culation 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 Appendix A, and (3) 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 RESOLUTION NO. 2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING DEVELOPMENT OF 96,428 SQUARE FEET OF OFFICE SPACE IN BLOCK 500 OF THE NORTH NEWPORT CENTER PLANNED COMMUNITY, FINDING THAT THE THE TRAFFIC WHEREAS, The Irvine Company has applied to the City of Newport Beach for approval under Municipal Code Chapter 15.40 (Traffic Phasing Ordinance) to develop 96,428 square feet of general office in Block 500 of the North Newport Center Planned Community (the `Project'). WHEREAS, the Project is consistent with the General Plan, the North Newport Center Planned Community Development Plan, the Zoning Implementation and Public Benefit Agreement (Development Agreement) approved by the City Council of the City of Newport Beach on December 18, 2007, and the Transfer of Development Rights approved by the City Council on July 22, 2008. WHEREAS, consistent with Municipal Code section 15.40.030(6)(1), the Project is anticipated to be complete with 60 months of pFejest- Traffic Phasing Ordinance approval. WHEREAS, a traffic study, entitled North Newport Center Planned Community Traffic Phasing Ordinance Traffic Study (Austin -Foust Associates, Inc., July 2008), was prepared for the Project in compliance with Mar++cipal -Gede GhapteF 15.40 Qhe Traffic Phasing Ordinance). WHEREAS, the traffic study found that the intersections along Newport Center Drive will continue to operate at LOS "A," but that the Project will cause the following intersection to exceed the Level of Service (LOS) "D" standard under the Traffic Phasing Ordinance: MacArthur Boulevard and San Joaquin Hills Road. WHEREAS, the traffic study found the addition of a third eastbound left -turn lane to the intersection of MacArthur Boulevard and San Joaquin Hills Road to be an improvement that will result in the Project not causing nor making worse an unsatisfactory level of service at this intersection. WHEREAS, the addition of a third eastbound left -turn lane as mitigation for the intersection of MacArthur Boulevard and San Joaquin Hills Road is an improvement included in the General Plan Circulation Element, and therefore a feasible improvement under the Traffic Phasing Ordinance. The Development Agreement requires this improvement to be made upon issuance of a certificate of occupancy for the first building constructed pursuant to the Development Agreement, but not later than 60 months after the effective date of the Development Agreement. The traffic study determined based on sufficient data and analysis that the Project under a worst -case scenario of full build -out by 2010, when taken together with the circulation improvement, will not cause nor make worse an unsatisfactory level of traffic service at MacArthur Boulevard and San Joaquin Hills Road. WHEREAS, the Planning Commission held a public hearing on August 7, 2008, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the Planning Commission considered the traffic study. A notice of time, place, and purpose of the meeting was duly given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting, including the evidence and arguments submitted by the City staff, The Irvine Company, and all interested parties. WHEREAS, the Planning Commission considered the foregoing improvement and determined that, consistent with Municipal Code section 15.40.030(B)(1)(b), the Project including the construction of a third eastbound left - turn lane to the intersection of MacArthur Boulevard and San Joaquin Hills Road, as required in the Development Agreement, will neither cause nor make worse an unsatisfactory level of service at an impacted primary intersection. NOW, THEREFORE, based on the weight of the evidence in the administrative record, including the traffic study, the Planning Commission finds that: 1. Construction of tThe Project will be completed within sixty (60) months of grejest- Traffic Phasinq Ordinance approval, and may be considered under Municipal Code section 15.40.030(B)(1). 2. A traffic study for the Project has been prepared in compliance with Chapter 15.40 and Appendix A. 3. Based on the weight of the evidence in the administrative record, including the traffic study and the Development Agreement, the finding for Traffic Phasing Ordinance approval in section 15.40.030(B)(1)(b) can 2 be made with respect to the Project including improvement to the intersection of MacArthur Boulevard and San Joaquin Hills Road. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves the Project, finding, based on the weight of the evidence in the administrative record. including Traffic Study No. TS2008 -001 and the Development Agreement, that the Project complies with the Traffic Phasing BE IT FURTHER RESOLVED that this Traffic Phasing Ordinance approval shall expire sixty (60) months from the date of this approval. PASSED AND ADOPTED on the 7th day of August, 2008, by the following vote, to wit: AYES, PLANNING COMMISSIONERS NOES, PLANNING COMMISSIONERS ABSENT, PLANNING COMMISIONERS BY: Chairman i BY: a, Secretary ^' rY� KI