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Home My WebLink About2007-12 - 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